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Hart City Zoning Code

CHAPTER 1259

Signs

1259.01 PURPOSE.

   The purpose of this chapter is to provide a framework within which the identification and informational needs of business and industry can be harmonized with the desires and aesthetic standards of the general public. It is intended through the provisions contained in this chapter to give recognition to the legitimate needs of business, industry, and other activities in attaining their identification and informational objectives. Unrestricted signage does not benefit either the private sector or the community at large.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.02 DEFINITIONS.

   The following words shall have the meanings as set forth below.
   (a)   “Banner” means a piece of cloth, plastic, or similar material, generally of a long rectangular shape affixed at both ends.
   (b)   “Community special event sign” means a portable sign which is erected for a limited time that is sponsored by a governmental agency, school or other group which is non-profit and whose purpose is charitable, philanthropic, religious or benevolent.
   (c)   “Flag”means a piece of cloth or bunting of a square or short rectangular shape affixed at one end.
   (d)   “Free standing sign” means a sign which is not attached to any other structure.
   (e)   “Ground sign” means a type of freestanding sign in which the entire bottom is in contact with the ground or is very close to the ground, such as on a constructed foundation or a brick or block base.
   (f)   “Governmental flag” means a flag bearing the name, logo, or other official design of a nation, state, municipality, nonprofit institution, or nonprofit organization.
   (g)   “Illuminated sign” means a sign that provides artificial light directly or indirectly from a source of light.
   (h)   “Institutional bulletin board” means a bulletin board established by a non-profit agency, church, public agency, city, township, county, state, or federal government.
   (i)   “Marquee sign” means a sign attached to a marquee, canopy, or awning projecting from and supported by a building, above sidewalk level.
   (j)   “Monument sign.” See “ground sign.”
   (k)   “Pole sign” is a type of free standing sign mounted on or more poles, posts or pylons, other than a constructed foundation or base, so that the bottom edge of the sign face is elevated above the average grade.
   (l)   “Portable sign” means a free standing structure not permanently anchored or secured to either a building or the ground, capable of being moved from place to place.
   (m)   “Projecting sign” means a double-faced sign attached to a building or wall that extends in a perpendicular manner more than 12 inches, but not more than 48 inches from the face of the wall or building.
   (n)   “Sandwich board sign” means a temporary sign structure placed on the ground that consists of two (2) back-to-back sign faces that are hinged together at the top and separated at the base a sufficient distance to solidly support the structure in an upright position.
   (o)   “Temporary yard sign” means a sign that is not permanently affixed to the ground and is of a design and construction that is not intended to be of a permanent nature.
   (p)   “Wall sign” means a sign attached directly to or painted upon a building parallel to the building wall.
   (q)   “Window sign” means copy or emblems that are painted or otherwise attached to the window surface.
   (r)   “Electronic display sign” means a sign or portion of a sign with a fixed or changing display composed of a series of lights that may be changed in color or intensity through electronic means.
(Ord. 182. Passed 5-12-98; Ord. 2012-03. Passed 7-24-12; Ord. 2013-06. Passed 11-26-13; Ord. 19-05. Passed 11-26-19.)

1259.03 SIGNS PERMITTED IN ALL DISTRICTS.

   The following signs shall be permitted in all districts without requiring a building or sign permit, subject to the requirements stated below.
   (a)   Wall signs on homes and buildings not exceeding four square feet in surface display area.
   (b)   Governmental flags.
   (c)   Traffic or other municipal signs and notices. Private traffic control signs which conform to the Michigan Manual of Uniform Traffic Control Devices.
   (d)   Institutional bulletin boards not exceeding thirty-two square feet in surface display area.
   (e)   Park, playground, and other governmental signs.
   (f)   Community special event signs are permitted in any district, subject to the following restrictions:
      (1)   One community special event sign located on the lot on which the special event is held. Up to two such signs however may be located off the premises.
      (2)   The display of such signs shall be limited to the fourteen days immediately preceding the special event which is being advertised.
      (3)   Such signs shall have a maximum size of thirty-two square feet in area, and a maximum height above ground level of six feet and shall be set back from any side or rear property line a minimum of fifteen feet. The front setback shall be as required for signs in the district in which the sign is to be located.
      (4)   Such signs shall be removed within forty-eight hours of the conclusion of the special event which is being advertised.
   (g)   One temporary sign not exceeding thirty-two square feet in surface display area per subdivision development, which shall be removed upon the sale of ninety percent of the lots in the development.
   (h)   Sandwich board signs. Placement and size to be determined as to not impede traffic, right of way, or vision of traffic.
   (i)   Temporary yard signs.
      (1)   Maximum number. Two per lot or parcel. However, within a timeframe from thirty days prior to an election to three days after, there is no restriction on the number of temporary yard signs. During this timeframe, the maximum size of each temporary yard sign is thirty-two square feet and the maximum height is six feet. Signs related to elections are prohibited within one-hundred feet of an entrance to a polling place.
      (2)   Maximum size. Twelve square feet total for all signs.
      (3)   Maximum height. Four feet.
      (4)   Illumination. Not permitted.
      (5)   Per Section 1259.07(c), temporary yard signs are prohibited in public right-of-way.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.04 RESIDENTIAL DISTRICTS.

   Any sign not expressly permitted is prohibited.
   (a)   One non-illuminated wall sign identifying a home occupation not exceeding four square feet in surface display area.
   (b)   One permanent development entry sign, not exceeding thirty-two square feet in surface display area, limited to the name of the development or developer, providing the sign is harmonious in appearance with the existing and intended character of the general vicinity and within the community as a whole.
   (c)   One wall sign placed on the main building of the apartment development. Such sign shall not exceed thirty-two square feet in surface display area and may be illuminated.
   (d)   For permitted uses other than dwellings, one ground sign per parcel not exceeding thirty-two square feet and eight feet in height. Such sign shall be setback at least five feet from the edge of the right-of-way line.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.05 COMMERCIAL DISTRICTS.

   Any sign not expressly permitted is prohibited.
   (a)   One free standing sign per parcel, unless otherwise stated, subject to the following standards:
      (1)   Pole sign not exceeding 64 square feet in sign face surface display area. Pole signs shall be located in the front yard. The leading edge of the sign may be placed at the right of way line. The bottom of such signs shall be at least eight feet from the average grade with the top of the sign no higher than 20 feet. This sign may be illuminated.
      (2)   Ground sign not exceeding 48 square feet in sign face surface display area. Ground signs shall be located in the front yard. The sign and base setback is ten feet from any lot line. The top of the sign shall be no higher than six feet above the average grade. This sign may be illuminated. A second ground sign subject to the same standards is allowed on corner lots, but signs shall be located on separate road frontages. Along Polk Road, ground signs are limited to 90 square feet in sign face surface area and a height no higher than ten feet above the average grade.
   (b)   Wall signs shall not exceed twenty percent of the building face to which it is attached. Such signs shall not extend more than six inches from the building surface and shall not extend above the cornice or roof line. Wall signs shall be placed only upon the principal building and shall face public streets or parking areas which are on the same premises. These signs may be illuminated.
   (c)   One temporary banner per building not exceeding sixteen square feet in surface display area.
   (d)   One flag per lot not to exceed thirty square feet in surface display area. When displayed, such flags shall be affixed to a building or placed in the ground in a permanent mounting. Flags shall be located in a manner that does not interfere with the safe use and operation of motor vehicles or in pedestrian use of public areas, nor create a nuisance to the general public in any way. Advertising flags under this section do not require a sign permit.
   (e)   One marquee sign per marquee not exceeding twenty percent of the marquee surface to which it is attached. These signs may be illuminated.
   (f)   One projecting sign per building with the surface display area not exceeding one and one-half square feet for each lineal foot of building frontage up to a maximum of sixty-four square feet. Projecting signs shall be attached directly to a building by means of building mounts or from a mast arm. Projecting signs must project at a ninety degree angle to the building surface to which it is attached and shall not project above the cornice or roof line. The lowest point of a projecting sign, including guy wires and metal framework shall not be less than ten feet above the ground level. Projecting signs shall not extend beyond the minimum required setback line or into and over a public right-of-way, except for projecting signs in the B-2 Zone.
   (g)   A gasoline service station may, in addition to the above, have one, two-sided, on- premise sign indicating price and grade of fuel not exceeding thirty-two square feet in surface display area. Directional signs over individual doors or bays not exceeding three square feet per sign are also permitted. Customary lettering, insignias or symbols which are a permanent or structural part of the gasoline pump shall also be allowed.
   (h)   One parking lot directional sign at each point of ingress or egress for the enterprise it is intended to serve. Each sign shall not exceed four square feet in surface display area.
   (i)   One, double or single sided, on premise electronic display sign in all business and commercial areas.
   (j)   Window signs shall be permitted.
(Ord. 182. Passed 5-12-98; Ord. 2012-03. Passed 7-24-12; Ord. 2013-06. Passed 11-26-13; Ord. 19-05. Passed 11-26-19.)

1259.06 INDUSTRIAL DISTRICTS.

   Any sign not expressly permitted is prohibited.
   (a)   Signs in the D-1 Zone shall be subject to the following regulations:
      (1)   One free standing sign per parcel, unless otherwise stated, subject to the following standards:
         A.   Pole sign not exceeding 200 square feet in sign face surface display area. Such signs shall be located in the front yard with the leading edge of the sign at least 20 feet back of the right of way line. The bottom of such sign shall not be any lower than two feet nor any higher than ten feet from ground level. This sign may be illuminated.
         B.   Ground sign not exceeding 48 square feet in sign face surface display area. Ground signs shall be located in the front yard. The sign and base setback is ten feet from any lot line. The top of the sign shall be no higher than six feet above the average grade. This sign may be illuminated. A second ground sign subject to the same standards is allowed on corner lots, but signs shall be located on separate frontages.
      (2)   One wall sign per building face, not exceeding two per building, with the surface display area not exceeding twenty percent of the building face to which it is attached. Such signs shall not extend more than six inches from the building surface and shall not extend above the cornice or roof line. Wall signs shall be placed only upon the main building and may only face public streets or parking areas which are on the same premises. These signs may be illuminated.
      (3)   One marquee sign per marquee not exceeding twenty percent of the marquee surface to which it is attached. These signs may be illuminated.
      (4)   One directional parking lot sign at each point of ingress or egress shall be permitted for the enterprise it is intended to serve. Surface display area, per sign, shall not exceed four square feet.
      (5)   One free standing sign identifying the development near the entrance to an industrial complex. Such signs shall not exceed 200 square feet in surface display area. The bottom of these signs shall not be any higher than two feet nor any higher than ten feet from ground level and shall be a minimum of twenty feet from any street right-of-way.
   (b)   Signs in the D-2 Zone shall be subject to the following regulations:
      (1)   Freestanding signs shall be setback a minimum of fifteen feet from the front lot line and shall not exceed thirty square feet in area or four feet in height.
      (2)    Signs attached to the building shall be attached flat to the building and shall not exceed 100 square feet in area.
   (c)   Window signs shall be permitted.
(Ord. 182. Passed 5-12-98; Ord. 2013-06. Passed 11-26-13; Ord. 19-05. Passed 11-26-19.)

1259.07 DESIGN, CONSTRUCTION AND LOCATION STANDARDS.

   (a)   All signs shall be properly maintained and shall not be allowed to become unsightly through disrepair or as a result of the effects of the weather.
   (b)   Signs may be internally or externally illuminated. The source of the light shall be enclosed and directed to prevent the source of light from shining directly or indirectly onto traffic or adjacent or nearby properties.
   (c)   Signs shall not be placed in, upon or over any public right-of-way, alley, or other place, except as may be otherwise permitted by the City or Michigan Department of Transportation.
   (d)   A sign shall not be erected in any place where it may, by reason of its position, shape, color, or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or constitute a nuisance.
   (e)   A sign shall not contain any moving or animated parts except for barber poles.
   (f)   A sign and its supporting mechanism shall not extend beyond any lot lines of the property on which it is located.
   (g)   Corner clearance and visibility.
      (1)   Signs shall not be erected, established or maintained on a corner lot that will obstruct the view of a driver in a vehicle approaching the intersection.
      (2)   At a street intersection, an unobstructed corner shall mean the triangle formed by a line connecting two points, located on the intersecting right-of-way lines, measured 25 feet from their point of intersection.
      (3)   At a driveway/street intersection, a sign shall not be erected, established or maintained where it will obstruct vision between a height of three and ten feet within a triangle formed by the intersection of the right-of-way line and a driveway. This triangle is defined by a line connecting two points, one located on the right-of-way line and the other on the edge of the driveway. The two points shall be located 15 feet from the intersection point of the right-of-way line and the edge of the driveway.
(Ord. 182. Passed 5-12-98; Ord. 2013-06. Passed 11-26-13; Ord. 19-05. Passed 11-26-19.)

1259.08 PORTABLE OR MOVABLE SIGNS.

   Any sign, excluding those specifically provided for, not permanently anchored or secured to either a building or the ground, including but not limited to “A” frame, “T” frame, inverted “T” frame, or those mounted on wheeled trailers shall be prohibited.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.09 MEASUREMENT OF SIGNS.

   (a)   The area of a sign shall be measured as the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo, or any other figure of similar character, together with any frame of other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the pedestal, poles or other structure necessary to support the sign.
   (b)   The area of a freestanding or projecting sign that has two or more faces shall be measured by including the area of all sign faces, except if two such faces are placed back-to-back and are of equal size, and are no more than two feet apart at any point the area of the two back-to-back faces shall be counted as one face. If the two back-to-back faces are of unequal size, the larger of the two sign faces shall be counted as the one face.
   (c)   The height of a sign shall be measured as the vertical distance from the highest point of the sign to the finished grade of the ground immediately beneath the sign excluding any artificially constructed earthen berms.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.10 NONCONFORMING SIGNS AND SIGNS ACCESSORY TO NONCONFORMING USES.

   (a)   Every legal permanent sign which does not conform to the height, size, area or location requirements of this chapter as of the date of the adoption of this chapter, is hereby deemed to be nonconforming.
   (b)   Nonconforming signs may not be altered, expanded, enlarged, or extended; however, nonconforming signs may be maintained, repaired and restored so as to continue the useful life of the sign.
   (c)   For the purposes of this chapter, a nonconforming sign may be diminished in size or dimension or the copy of the sign amended or changed without jeopardizing its status as a legal nonconforming sign.
   (d)   If a nonconforming sign is damaged or destroyed by fire, explosion, flood, wind or other calamity, the sign may be restored to the condition exactly as it existed immediately prior to the damage or destruction, unless the estimated cost of restoration or replacement exceeds fifty percent of the appraised replacement cost of the entire sign prior to the loss, as determined by the City. If the estimated cost of restoration or replacement exceeds fifty percent of that appraised replacement cost, the right to continue using the nonconforming sign shall thereupon terminate and the sign shall be brought into full compliance with all applicable provisions and requirements of this chapter prior to further use.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.11 SIGN PERMITS.

   (a)   No sign shall be erected, replaced, altered, enlarged, illuminated, changed in purpose, or relocated without first obtaining a sign permit. Permits shall not be required for signs specifically exempted, temporary yard signs, window signs, banners, and the copy of changeable letter signs. Signs exceeding thirty-two square feet in surface display area shall require a building permit prior to erection. An electrical permit shall be required for any sign utilizing electricity.
   (b)   An application for a sign permit shall be made through the City Clerk by submission of a form provided by the City. The application can be made by the owner of the property or by any other interested party with the owner’s consent.
   (c)   The Zoning Administrator shall review all sign permit applications and issue permits only for those applications fully meeting ordinance requirements. The Zoning Administrator shall, absent extenuating circumstances, render a decision within five full working days of receipt of a completed application submittal.
(Ord. 182. Passed 5-12-98; Ord. 19-05. Passed 11-26-19.)

1259.12 PROHIBITION OF OBSCENE MATERIAL DISPLAYED ON SIGNS.

   In accordance with Act 343 of 1984, no sign shall include obscene material that can be read or observed, as defined by Act. Obscene material is that which meets all of the following criteria:
   (a)   The average individual, applying contemporary community standards, would find the material, taken as a whole, appeals to the prurient interest.
   (b)   The reasonable person would find the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
   (c)   The material depicts or describes sexual conduct in a patently offensive way.
(Ord. Unno. Passed 4-1-21.)