The purpose of this article is to regulate signs within the city so as to protect public safety, health and welfare; minimize abundance and size of signs to reduce visual clutter, motorist distraction, and loss of sight distance; promote public convenience; preserve property values; support and complement land use objectives as set forth in the City of Fenton Master Plan and this chapter; and enhance the aesthetic appearance and quality of life within the city while accommodating the need for signs to inform, direct, identify, advertise, advocate, promote, endorse, and otherwise communicate information. The standards contained herein are intended to be content neutral.

These objectives are accomplished by establishing the minimum amount of regulation necessary concerning the size, placement, construction, illumination, and other aspects of signs in the city so as to:

a.

Recognize that the proliferation of signs is unduly distracting to motorists and nonmotorized travelers, reduces the effectiveness of signs directing and warning the public, causes confusion, reduces desired uniform traffic flow, and creates potential for accidents.

b.

Prevent signs that are potentially dangerous to the public due to structural deficiencies or disrepair.

c.

Reduce visual pollution and physical obstructions caused by a proliferation of signs which would diminish the city's image, property values and quality of life.

d.

Enable the public to locate goods, services and facilities without excessive difficulty and confusion by restricting the number and placement of signs.

e.

Prevent placement of signs which will conceal or obscure signs of adjacent uses.

f.

Protect the public right to receive messages and engage in expressive conduct protected by the First Amendment of the U.S. Constitution.

g.

Prevent signs from conflicting with other allowed land uses.

h.

Maintain and improve the image of the city by encouraging signs of consistent size which are compatible with and complementary to related buildings and uses, and harmonious with their surroundings. This includes preventing light trespass onto adjacent properties.

i.

Regulate portable signs as necessary to avoid negative impacts on traffic safety and aesthetics.

j.

Preserve and enhance the image of the city's CBD.

(Ord. No. 723, § 1, 1-22-24)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. The following definitions apply to this article:

Address sign: A sign displaying the street number or name of the occupant of the premises, or both.

Air-activated signs: A sign that is inflated by air or uses air flow to induce movement. Inflatable objections used for signs are often made of flexible fabric and are equipped with a motor to blow air into the object. Air-activated signs are typically temporary and are restrained, attached, or held in place by a cord, rope, cable, or similar method, but can be permanent.

Animated sign: A sign that has any visible moving part, either constantly or at intervals, including signs which use lights, moving parts, or other means to depict action, create an image of a living creature or person, or create a special effect or scene.

Awning or canopy sign: A nonrigid fabric marquee or awning-type structure which is attached to the building by supporting framework. See "wall sign."

Banner: A temporary sign on fabric, plastic or other sign made of nonrigid material without enclosing structural framework.

Figure 1: Banner Sign

Bench sign: A sign applied to or affixed to the seat or back of a bench.

Box sign: A sign with an outer frame that utilizes plastic or similar material as the sign panel with internal illumination.

Business center: A grouping of two or more business establishments on one or more parcels of property which may share parking and access and are linked architecturally or otherwise present the appearance of a unified grouping of businesses. A business center shall be considered one use for the purposes of determining the maximum number of ground signs. An automobile or vehicle dealership shall be considered a business center regardless of the number or type of models or makes available, however, used vehicle sales shall be considered a separate use in determining the maximum number of signs, provided that the used vehicle sales section of the lot includes at least 25 percent of the available sales area.

Canopy sign: A permanent projecting sign affixed to the side or bottom surface(s) of an attached canopy.

Figure 2: Canopy Sign

Changeable message sign: A sign, or portion of a sign, on which the message is changed mechanically or electronically.

Construction sign: A temporary sign erected by a person actively engaged in construction activities in the public right-of-way.

Display board: An accessory sign displayed near a public building entrance either on the building or on a freestanding podium. Display boards are intended to be viewed at close proximity. Examples include displaying menus, special sales, and descriptions of goods or services provided within the building.

Device sign: A sign permanently affixed to a device such as a vending machine, gas pump, ice container, ATM, or similar device.

Directory sign: A sign that identifies the occupants of a multi-occupancy building.

Digital fuel pricing sign: A digital sign designed to only display fuel pricing information used in conjunction with an automobile gasoline station.

Directional sign: A sign located on a premises which assists motorists in determining or confirming a correct route on or through that premises, such as enter, exit and parking signs.

Essential service sign: A sign erected by a utility provider or other public service provider, including a governmental entity, denoting utility lines, railroad lines, hazards, and other similar precautions, including portable flashing signs.

Entranceway signs: A sign placed at a major entrance to a development consisting of multiple users, parcels, lots, or a combination of each. Entranceway signs are often integrated into freestanding walls, columns, boulders, or other distinguishing features unique to the development.

Figure 3: Entranceway Sign

Feather sign: A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand.

Festoon: A string of ribbons, tinsel, small flags, pinwheels or lights, typically strung overhead in loops.

Figure 4: Festoon

Flag: A sign on paper, cloth, fabric, or other flexible or combustible material of any kind that is attached to a permanent conforming pole. Flags are typically supported on one side of the sign. Flags are not considered air-activated signs for the purposes of this chapter.

Flashing sign: A sign which contains an intermittent or sequential flashing light source, including color and intensity.

Freestanding sign: A sign which is erected upon or supported by the ground, including "pole or pylon signs" and "ground signs," not including billboard signs.

Figure 5: Freestanding Sign

Ground or monument sign: A base-mounted, three dimensional, self-supporting, freestanding sign, placed on the ground and not attached to any building or other structure, consisting of two or more sides extending up from the base, and upon which a message is displayed. A ground or monument sign includes a solid supporting base of at least 24 inches in height and a width equal to or greater than the width of the sign face. Ground or monument signs are constructed of a decorative and durable material (e.g., masonry), and shall have no separations between the sign face and the base.

Figure 6: Ground or
Monument Sign

Illegal sign: A sign which does not meet the requirements of this article and does not have legal nonconforming status.

Incidental sign: A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises or a sign which is customarily incidental to the use or occupancy of the premises.

Interior sign: A sign placed within a building, but not including a window sign as defined by this chapter, that is not visible from any public street, sidewalk, alley, park, or public property.

Luminous tube: See "neon" and "outline tubing sign."

Mansard: A sloped roof or roof-like facade. Signs mounted on the face of a mansard roof shall be considered wall signs.

Marquee: A permanent roof-like structure or canopy, supported by and extending from the face of the building. A marquee sign is a sign attached to or supported by a marquee structure.

Memorial sign or tablet: A sign cut, cast or engraved into a masonry or metal surface and made an integral part of that structure.

Moving sign: A sign in which the sign itself or any portion of the sign moves or revolves. A "rotating sign" is a type of moving sign. See also "animated sign." This definition does not include "changeable message signs."

Mural: A design or representation which is painted or drawn on the exterior surface of a structure. A "mural" shall not include a painted wall sign with words, letters, characters, or numbers intended to identify a business, which shall be treated as a wall sign subject to the standards of section 36-22.06, Specific sign standards. Nameplate: A nonilluminated identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of a premises or structure.

Neon sign: See "outline tubing sign."

Nonconforming sign: A sign that does not comply with the size, placement, construction or other standards or regulations of this article, but was lawfully established prior to this article. Signs for which the zoning board of appeals has granted a variance are exempt and shall not be defined as nonconforming.

Off-premises sign: A sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site. Off-premises signs shall not include lawfully permitted temporary signs.

Outline tubing sign: A sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it. See "neon" and "luminous tube."

Parapet: The extension of a false front or wall above a roof line. Signs mounted on the face of a parapet shall be considered wall signs.

Permanent sign: A sign designed to be installed permanently in the ground a minimum of 42 inches deep by use of a steel post, wood post or other appropriate materials.

Portable sign: A sign designed to be moved from place to place, whether or not it is permanently attached to the ground or structure. This includes hot-air and gas-filled balloons, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, and searchlights; but not permanent changeable message signs, and regulatory/government signs.

Poster panel sign: A single or double faced portable sign that may be either self-supporting or affixed to a building or other structure for support, including "A" frame signs and sandwich signs. See also "sandwich board sign."

Projecting sign: A sign, other than a wall sign, that is affixed to any building or wall and whose leading edge extends more than 12 inches beyond such building or wall. A projecting sign is differentiated from a wall sign. Projecting signs include awning signs, canopy signs, and marquee signs.

Figure 7: Projecting
Sign

Public sign: A sign erected by or upon orders from a city, state, or federal public official.

Pylon or pole sign: A sign supported on the ground by a pole, braces, or monument, and not attached to any building or other structure.

Regulatory sign: A sign installed by a public agency to direct traffic flow, regulate traffic operations and provide information in conformance with the Michigan Manual of Uniform Traffic Control Devices.

Roof line: The top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections.

Roof sign: Any sign that extends above the roofline or is erected over the surface of the roof.

Rotating sign: See "moving sign."

Sandwich board sign: A temporary poster panel sign that is not permanently anchored or secured to either a building, structure, or the ground. Often referred to as "sidewalk signs," sandwich board signs include, but are not limited to, "A" frame, "T" shaped, or inverted "T" shaped stands.

Figure 8: Sandwich Board Sign

Sign: Any device, structure, fixture, figure, symbol, banner, pennant, flag, balloon, logo, or placard consisting of written copy, symbols, logos and/or graphics, designed for the purpose of bringing attention to, identifying or advertising an establishment, product, goods, services, or conveying a message to the general public. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily visible to and directed at persons within the premises upon which the sign is located.

Snipe sign: A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to or placed on public property such as but not limited to a public utility pole, a public street sign, a public utility box, a public fire hydrant, a public right-of-way, public street furniture, or other public property.

Temporary decorative exterior string lights: Clear or multi-colored lights used for celebration, exterior decoration or other purpose for short periods of time, not exceeding 90 days. Temporary decorative exterior string lights do not include clear "Edison Style" string lighting in commercial or residential districts used [for] roof-top, porch, patio or ambiance enhancement lighting that meet all other lighting requirements of the ordinance.

Temporary sign: A sign not constructed or intended for long-term use. Portable signs or any sign not permanently embedded in the ground or not permanently affixed to a building or sign structure that is permanently embedded in the ground, shall be considered temporary signs.

Transported sign: A sign attached to or pulled by a vehicle that may be displayed or affixed to a movable object such as but not limited to a car, truck, trailer, or similar transportation device. A "portable sign" does not constitute a "vehicle sign."

Vehicle sign: Signs affixed to a parked vehicle or truck trailer which is being used principally for transportation purposes rather than displaying a message.

Figure 9: Vehicle Sign

Wall sign: A sign attached parallel to and extending not more than 12 inches from the wall of a building. Painted signs, signs which consist of individual letters, cabinet signs, and signs mounted on the face of a mansard roof shall be considered wall signs. Permanent signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside, shall also be considered wall signs.

Figure 10: Wall Sign

Window sign: A sign located in or on a window which is intended to be viewed from the outside. Permanent window signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside shall be considered wall signs.

Figure 11: Window
Sign

(Ord. No. 723, § 1, 1-22-24)

The following signs are prohibited in all districts:

a.

Signs which obstruct free access or egress from any building, including those that obstruct any fire escape, required exit way, window, or door opening or that prevent free access to the roof by firefighters.

b.

Moving signs and signs having moving members or parts.

c.

Animated or flashing signs.

d.

Illegal signs.

e.

Inflatable signs.

f.

Signs using high intensity or flashing lights, festoons, spinners or other devices.

g.

Temporary decorative exterior string lights erected in any NBD, CBD, GBD, OSD, OPD, or IND zoning district for more than a total of 70 days within a 365-day period. Any nonresidential zoning district, except for string lights which are strung no more than 60 days before the holiday and removed within ten days following the holiday for which they were erected.

h.

Signs which in any way simulate or could be confused with the lighting of emergency vehicles or traffic signals; there shall be no flashing, oscillating or intermittent, or red, yellow, or green illumination on any sign located in the same line of vision as a traffic control system, nor interference with vision clearance along any highway, street, or road or at any intersection of two or more streets.

i.

Signs which obstruct or impair the vision of motorists or nonmotorized travelers at any intersection, driveway, within a parking lot or loading area.

j.

Snipe signs.

k.

Signs, other than regulatory signs, placed in any public right-of-way; attached to a utility pole; or affixed to a tree, street furniture, or waste receptacles.

l.

Off-premises signs erected for the purpose of advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed advertising a product, event, person, or subject, unless otherwise provided for in this article or covered under the State Highway Act.

m.

Roof signs unless specifically permitted elsewhere in this article.

n.

Portable signs, as defined, not provided for in this article.

o.

Pylon or pole signs not provided for in this article.

p.

Any sign or sign structure which:

1.

Is structurally unsafe.

2.

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.

3.

Is capable of causing electric shock to persons who come in contact with it.

4.

Is not kept in good repair, such that it has broken parts, missing letters, or nonoperational lights.

q.

Signs with exposed, unshielded lights including neon and LED.

r.

Building-mounted box signs.

s.

Feather signs.

t.

Changeable message signs, not including digital fuel pricing signs.

u.

Neon signs in the CBD District.

v.

Transported signs.

w.

Any sign not expressly permitted.

(Ord. No. 723, § 1, 1-22-24)

The following signs shall not require a permit provided such signs are outside of the public street right-of-way, are located to ensure adequate sight distance, and meet the requirements of section 36-22.06 of this chapter:

a.

Address signs.

1.

In all single-family residential zoning districts, such sign shall not exceed two square feet in area.

2.

In all other zoning districts, such signs shall not exceed six square feet in area.

b.

Entranceway signs.

c.

Construction signs meeting the size requirements for temporary signs under section 36-22.06.

d.

Temporary signs meeting the requirements of section 36-22.06.

e.

Device signs with the following conditions:

1.

Sign area of each device shall not exceed three square feet in area.

2.

Limit of one sign per device, such as vending machines, gas pumps or ice containers.

f.

Directory signs. A building with business occupants on the upper floors or the interior space on the first floor of a building may have a directory sign plaque not to exceed ten square feet in area at the street entryway.

g.

Essential service signs denoting utility lines, hazards and precautions or other similar information.

h.

Flags.

1.

Not to exceed three per zoning lot and located on flagpoles; and

2.

Not to exceed four feet by six feet.

i.

Historic markers.

j.

Incidental signs attached to a permitted sign, exterior wall, building entrance, or window, not to exceed a total of two square feet or a total of two signs per business.

k.

Interior signs including any sign which is located completely within an enclosed building, and which is not visible from outside the building or which is primarily directed at persons within the premises upon which the sign is located.

l.

Memorial signs or tablets not exceeding four square feet in area.

m.

Murals painted on the exterior surfaces of a building or structure, provided it does not have raised borders, raised letters, raised characters, decorations, or lighting appliances.

n.

Nameplates.

o.

Regulatory signs and street identification signs.

p.

Public signs.

q.

Vehicle signs.

r.

Warning signs that are publicly authorized, such as no trespassing, warning of electrical currents or animals provided such signs do not exceed two square feet in area.

(Ord. No. 723, § 1, 1-22-24)

Signs which are permitted as accessory uses may be permitted subject to the requirements of this article; provided, that no such sign shall be erected or altered until approved by the building official/zoning administrator and until a sign permit has been issued pursuant to chapter 27 of the City of Fenton Code of Ordinances (Ordinance No. 433, as amended).

a.

Sign setbacks.

1.

All signs, unless otherwise provided for, shall be set back a minimum of ten feet from any public or private street right-of-way line or access drive in all districts. This distance shall be measured from the nearest edge of the sign, measured at a vertical line perpendicular to the ground to the right-of-way.

2.

Side yard setbacks for signs shall be the same as that required for the main structure or building, provided that all nonresidential signs shall be set back at least 100 feet from any residential district.

b.

Location. Sign location to assure adequate sight distance. In order to ensure adequate sight distance for motorists, bicyclists and pedestrians, a minimum clear vision area shall be maintained between a height of 24 inches and six feet within a triangular area measured 25 feet back from intersection of public right-of-way lines. Furthermore, signs shall not be permitted where they obstruct motorist vision of regulatory signs, traffic-control devices or street signs.

c.

Design and construction. Signs, as permitted in the various zoning districts, shall be designed to be compatible with the character of building materials and landscaping to promote an overall unified and aesthetic effect in accordance with the standards set forth herein. Building-mounted identification signs must utilize individual, internally-illuminated letters and box signs are prohibited, with the exception of logos not exceeding 25 percent of the sign area. Signs shall not be constructed from materials that are remnants or manufactured for a different purpose.

d.

Illumination.

1.

Signs may be illuminated, but only by steady, stationary, shielded light sources directed solely at the sign or internal to it.

2.

Use of glaring undiffused lights, bare bulbs, or flames is prohibited.

3.

Lighting shall be shielded and/or pointed downward so as not to project onto adjoining properties or thoroughfares.

4.

Underground wiring shall be required for all illuminated signs not attached to a building.

e.

Maintenance and construction.

1.

Every sign shall be constructed and maintained in a manner consistent with the building code provisions and maintained in good structural condition at all times. All signs shall be kept neatly painted, stained, sealed or preserved including all metal, wood or other materials used for parts and supports.

2.

All signs erected, constructed, reconstructed, altered or moved shall be constructed in such a manner and of such materials so that they shall be able to withstand wind pressure of at least 20 pounds per square foot or 75 mph.

3.

All signs, including any cables, guy wires, or supports shall have a minimum clearance of four feet from any electric fixture, street light, or other public utility pole or standard.

f.

Measurement. Measurement of allowable sign area (see Figure 22.2 Guidelines for Measuring Sign Face Square Footage below).

1.

The allowable area for signs shall be measured by calculating the square footage of the sign face and any frame or base of other material or color forming an integral part of the display or used to differentiate it from the background against which it is placed as measured by enclosing the most protruding points or edges of a sign within a parallelogram or rectangle.

2.

When a sign has two or more faces, the area of all faces shall be included in calculating the area of the sign except that where two such faces are placed back-to-back, only [the] larger face shall be considered, provided that both faces are part of the same structure, and are separated by no more than two feet.

3.

For purposes of calculating sign area allowed as a wall sign, the wall sign square footage shall be determined by measuring a parallelogram (box) which includes the portion of the canopy which contains a message, symbol and/or logo (examples are shown on the attached figures).

4.

When a sign consists solely of lettering or other sign elements printed, painted or mounted on a wall of a building without any distinguishing border, panel or background, the calculation for sign area shall be measured by enclosing the most protruding edges of the sign elements within a parallelogram or rectangle.

(Ord. No. 723, § 1, 1-22-24)

The number, display area, and height of signs within the various zoning districts are provided in the sign dimensional standards and regulations table and its accompanying footnotes. Additional standards for specific types of signs are given below.

Footnotes to the sign dimensional standards and regulations table

(a)

One wall sign shall be allowed per business, in addition to any other allowed ground signs. Businesses located on a corner lot shall be allowed up to two wall signs, one for each front façade. The planning commission may allow a third sign when the building faces a third road frontage or is an outlot accessed solely by a rear access drive. The maximum wall sign area shall not exceed ten percent of the front facade of the building (any facade which faces a public street), per use or business establishment. However, for a commercial structure containing one use or business establishment, as determined by the planning commission, the size of the wall sign may be increased up to the maximum square footage as follows:

(b)

Only one ground sign is permitted per use, including uses which occupy more than one parcel and business centers containing more than one business or use, with additional signs permitted according to the following table, however, no site shall have more than two ground signs, regardless of the number of street frontages or the amount of frontage. Single uses on a single parcel do not qualify for this consideration:

(c)

Digital fuel pricing signs are permitted in accordance with the following:

(1)

One digital fuel pricing sign shall be permitted per automobile gasoline station.

(2)

The area of a digital fuel pricing sign shall not exceed one-third the total area of the sign.

(3)

Illumination shall be concentrated within the face of the sign to prevent glare upon adjoining properties and thoroughfares.

(4)

Electronic features shall not flash, fade in or out, or scroll.

(5)

Prices shall be displayed for at least one minute and changes shall take less than one second.

(6)

Any voids or burned-out bulbs in digital fuel pricing signs shall be promptly replaced.

(d)

Temporary signs shall comply with the standards set forth in section 36-22.07(e).

(e)

In the CBD District, no signs shall be permitted to be placed above the first floor of a structure without the planning commission approving a sign plan for the same.

(Ord. No. 723, § 1, 1-22-24)

a.

Directional signs. No more than one directional sign shall be permitted for each approved driveway, with a maximum sign area of four square feet per sign, and a maximum height of four feet.

b.

Billboards signs. Billboard signs shall comply with the provisions in article XIV, Special land uses.

c.

Projecting and canopy signs. Projecting signs and canopy signs may be used as an alternative to wall signs listed in the sign dimensional standards and regulations table, provided that they meet the following standards.

1.

Any sign area on a canopy shall be included in calculations of maximum wall sign square footage.

2.

Projecting or canopy signs in the CBD, Central Business District, shall be set back at least two feet from any street curbline, shall not extend more than six feet over the public right-of-way, and shall leave a minimum clearance of eight feet above the ground.

3.

Projecting or canopy signs, other than those in the CBD, Central Business District, shall have a minimum ground clearance of ten feet, shall be set back at least four feet from any adjacent public right-of-way, nor project over an alley or private access lane. A projecting sign shall not extend for more than two feet from the building to which it is attached.

4.

No wall, canopy or projecting sign shall extend above the roof or parapet of the structure to which it is attached by more than one foot.

5.

Wood posts or supporting arms shall not be used in conjunction with any projecting sign.

6.

Projecting signs shall not exceed 32 square feet in area.

7.

Canopy signs shall not be internally illuminated.

d.

Entranceway signs. One permanent sign per vehicular entrance identifying developments such as subdivisions, apartment complexes, condominium communities, senior housing complexes, manufactured housing communities, office and industrial parks and similar uses, provided that the sign is set back a minimum of 15 feet from any property line or public right-of-way is permitted.

e.

Signs for temporary uses.

1.

All temporary signs must comply with the sign size and height standards as specified in the sign dimensional standards and regulations table.

2.

Location of temporary signs shall comply with the following:

(a)

Temporary signs shall not be attached to any utility pole or be located within any public right-of-way.

(b)

Temporary signs shall not be located closer than 20 feet to the edge of the traveled portion of the roadway, nor shall they be located within any dedicated right-of-way.

(c)

Temporary signs shall not be erected in such a manner that they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic.

(d)

Temporary signs cannot be placed or constructed so as to create a hazard of any kind.

(e)

Temporary signs may not be posted on private property without first obtaining the permission of the property owner.

(f)

Signs shall not be located within any clear vision triangle, as described in section 36-2.15

3.

Time limitations for temporary signs. Each temporary sign shall be removed within 60 days of placement. Furthermore, no sign may be erected on a single parcel for more than 60 calendar days out of every 120 calendar days.

f.

Poster panel signs. Poster panel signs are permitted in the NBD, CBD and GBD Districts at the public building entrances to businesses subject to the following requirements:

1.

One sign per customer entrance shall be permitted regardless of the number of tenants on the premises.

2.

The sign is permitted only during operating business hours and must be stored inside when the establishment is not open to the general public.

3.

Each sign shall not exceed an overall height of 42 inches and an overall width of 24 inches.

4.

No sign shall be located in such a manner as to interfere with vehicular or pedestrian traffic flow or visibility.

5.

All signs must be constructed of weather-proof, durable material and kept in good repair.

(Ord. No. 723, § 1, 1-22-24)

Nonconforming signs are those signs that do not comply with the size, placement, construction or other standards or regulations of this chapter, but were lawfully established prior to its adoption. Signs for which the board of appeals has granted a variance are exempt and shall not be defined as nonconforming. It is the intent of this article to encourage eventual elimination of nonconforming signs in a timely manner. This objective is considered as much a subject of public health, safety and welfare as the prohibition of new signs in violation of this article. Therefore, the purpose of this article is to remove illegal nonconforming signs while avoiding any unreasonable invasion of established private property rights. A nonconforming sign may be continued and shall be maintained in good condition as described elsewhere in this article, however, the following alterations are regulated:

a.

A nonconforming sign shall not be structurally altered or repaired so as to prolong its useful life or so as to change its shape, size, type or design unless such change shall make the sign conforming. Changing a face panel on a sign does not constitute prolonging a nonconforming sign, if the structure or frame is not altered.

b.

A nonconforming sign shall not be replaced by another nonconforming sign.

c.

A nonconforming sign shall not be reestablished after abandonment as defined in section 36-22.09(c), Dangerous, unsafe, abandoned, and illegally erected signs.

d.

A nonconforming sign must not be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the appraised replacement cost as determined by the building official/zoning administrator or if 50 percent or more of the structure or face of the sign is damaged or destroyed.

(Ord. No. 723, § 1, 1-22-24)

a.

Dangerous signs. Any sign constituting an immediate hazard to health or safety shall be deemed a nuisance and may be immediately removed by the city and the cost thereof charged against the owner of the property on which it was installed.

b.

Unsafe signs. Any sign that becomes insecure, in danger of falling, or otherwise unsafe but not considered an immediate danger by the building official/zoning administrator to the health or safety of the public shall be removed or repaired according to the process outline in paragraph e. below.

c.

Abandoned signs. Abandoned signs shall include any sign, including its supporting structure, placed on a premises for which the use of the premises that was occurring at the time the sign was erected has been discontinued for a period of 90 days or more, or any temporary sign for which the time period allowed for display of the sign has expired. Permanent signs applicable to a business temporarily suspended by a change in ownership or management shall not be deemed abandoned unless the structure remains vacant for at least six months. An abandoned sign shall be removed by the owner or lessee of the premises. If the owner or lessee fails to remove the sign, the building official/zoning administrator shall initiate the process noted in paragraph e. below.

d.

Illegally erected signs. The building official/zoning administrator shall order the removal of any sign erected illegally in violation of this article, according to the process outlined in paragraph e. below.

e.

Process for enforcing violations of section 36-22.09, Dangerous, unsafe, abandoned, and illegally erected signs. For violations of section 36-22.08(b) through (d), the building official/zoning administrator shall notify the owner of the property on which the sign is located. Verbal notices or those sent by first class mail shall be sufficient notice. Where a sign erected in violation of this article is considered dangerous or unsafe, the notice shall inform the owner to remove said sign(s) immediately and property owners of other illegal signs on private property shall be granted a reasonable period of time within which to remove the sign, as determined by the building official/zoning administrator. Should the property owner fail to remove the sign(s) within the time specified, or if a sign is erected within any right-of-way or public property, the building official/zoning administrator, or their designee, shall have the authority to remove the sign, and the property owner shall be liable for the cost

(Ord. No. 723, § 1, 1-22-24)

a.

Generally. The regulations of this article shall be administered and enforced by building official/zoning administrator.

b.

Violations. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, use or maintain any sign in the city, or cause or permit the same to be done, contrary to or in violation of any of the standards and regulations of this article. Any such violation, including the failure to remove a sign when directed under the authority of this article, shall constitute a misdemeanor punishable in accordance with section 1-8 of the Fenton Code of Ordinances.

c.

Permits, applications, fees, requirement for contractor's license and liability insurance. Application for a sign permit and details of requirements are contained in the City Code of Ordinances, chapter 27 (Ordinance No. 433) and are available from the building official/zoning administrator.

(Ord. No. 723, § 1, 1-22-24)