The intent of this Article is to promote the public health, safety, and welfare and improve the site design and visual appearance of the city by requiring consistent standards for such site elements as landscaping, trash enclosures, lighting, parking, loading, site access, and signage.

(Ord. No. 600, § 1, 1-8-2018)

A.

Requirement. A separate, detailed landscape plan shall be submitted for all developments, including single-family residential, as part of the site plan review as set forth in Article 7. A detailed landscape plan shall be drawn to the same scale as required in Article 7, Site Plan Review. The landscape plan shall include the location, spacing, size, number and root type (bare root (BR), balled and burlapped (BB), pot (p), or container (C)) and botanical and common name for each plant type proposed for use within the required landscape area and shall demonstrate that all requirements of this Section are met.

B.

Parking Lot Landscaping.

(1)

Landscaping Standards within Parking Lots. Each row of parking in a parking lot serving uses other than one- and two-family dwellings shall include landscaped end islands. End islands shall be a minimum of five (5) feet in width with a depth two (2) feet shorter than the depth of adjacent parking spaces. At least one (1) deciduous canopy tree shall be planted on each island.

(2)

Landscaping Standards at the Perimeter of Parking Lots. The perimeter of parking lots serving uses other than one- and two-family dwellings shall be planted with one (1) deciduous canopy tree and three (3) shrubs per thirty (30) linear feet. The parking lot perimeter shall be defined as the area extending six (6) feet from the parking lot edge.

(3)

Wall/Screening Requirement.

a.

Where lots used for off-street parking facilities in non-one-family and two-family zoning district abut lots in one-family and two-family districts, the rear or side of each lot so abutting and so used shall be provided with a continuous unpierced brick masonry or brick patterned poured-in-place concrete wall which complies with the following requirements:

1.

It shall measure six feet in height and a minimum of eight inches in width with a reinforced trench foundation 42 inches below grade and a minimum of four inches wider than the wall to be erected;

2.

It shall not contain any wood, vinyl or metal except for unexposed reinforcing materials and shall be faced on all sides with brick, stone or textured concrete with a limestone or concrete cap;

3.

It shall not contain any openings except as approved by the Planning Commission;

4.

Where underground utilities interfere, the location of the wall shall be determined by the Director of the Department of Public Services; and

5.

It shall be constructed before occupancy.

b.

Combinations. A combination of landscaping and a solid opaque wall or fence may be approved by the Planning Commission where such a combination provides more effective screening.

C.

Landscaping Adjacent to Roads. Deciduous canopy trees shall be installed at no more than 40-foot intervals along the road right-of-way. Installation of street trees in tree wells in the sidewalk or within a planting strip between the sidewalk and the curb shall be encouraged.

D.

Landscaped Open Space. Landscaped open space, equal to at least ten (10) percent of the lot area, shall be provided. Such landscaped open space may include landscaping within required yards, rights-of-way, or stormwater storage areas.

(1)

A building designed or intended to be used for a use permitted in TD, Transitional District shall provide and maintain the following: in the case of a corner lot, a side yard setback of at least eight (8) feet from the side street lot line, which shall be landscaped with live plant material and shall not be used for the purpose of parking or storing vehicles. This side yard may be used as part of the landscaped open space required in Section 40-10.02.D.

E.

Composition.

(1)

Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to Oakland County, conform to the current minimum standards for nursery stock of the American Nursery and Landscape Association and shall have proof of any required governmental regulations and/or inspections.

(2)

A mixture of live plant material, such as evergreen and deciduous trees and shrubs, is required as a protective measure against insect and disease infestation. Artificial plant materials are prohibited. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly arrangement.

(3)

Species sizes at time of planting:

(Ord. No. 600, § 1, 1-8-2018)

A.

The standards set forth in this Section shall apply to all uses that have refuse disposal service. This does not include curbside pickup for single-family residential uses.

B.

Standards.

(1)

Containers used to dispose of trash, grease, recyclables, and similar materials shall be screened on all sides with a wall, and gate at least as high as the container, up to eight (8) feet in height, and shall be constructed of durable material and construction which is compatible with the architectural materials used in the site development.

(2)

Containers shall be consolidated to minimize the number of collection sites, located in close proximity to the building they serve, and easily accessed by refuse vehicles without potential damage to parked vehicles.

(3)

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

(4)

Concrete pads and aprons of appropriate size and construction shall be provided.

(5)

Dumpsters should be located in a rear yard and be so located as to minimize visibility from adjacent properties. An alternative location on the site may be as approved by the City Manager if putting the dumpster in the rear yard is not achievable or another location provides better screening.

(6)

Trash pickup may not occur between the hours of 8:00 p.m. to 7:00 a.m.

(Ord. No. 600, § 1, 1-8-2018)

A.

Where Required. The standards set forth in this Section shall apply to all uses for which mechanical equipment is placed upon a roof of any building or on the ground outside of the building. Mechanical equipment includes, but is not limited to: generators, heating, ventilation and air conditioning units.

B.

Screening Requirements. All equipment shall be screened as follows:

(1)

Rooftop screening.

(a)

Rooftop equipment shall be screened with architectural materials matching or harmonious with the building.

(b)

Rooftop equipment shall be located on the side or rear of a pitched-roof building, screened from public view.

(c)

Screens provided to obscure mechanical equipment shall be an opaque barrier at least as high as the equipment being screened.

(d)

Rooftop equipment shall be situated so that it does not cause excessive nuisance or offense to occupants of nearby buildings.

(2)

At-grade equipment.

(a)

At-grade equipment shall be screened with architectural and/or landscape materials matching or harmonious with the building or landscape materials provided elsewhere on-site.

(b)

Landscape materials shall be evergreen species, planted at the height of the equipment upon installation, so as to provide a screen year-round.

(c)

Walls provided to screen mechanical equipment shall be an opaque fence or wall, with a gate at least as high as the equipment being screened.

(d)

At-grade equipment shall be located in a side or rear yard, screened from public view.

(e)

At-grade equipment shall be situated so that it does not cause excessive nuisance or offense to occupants of nearby buildings.

(Ord. No. 600, § 1, 1-8-2018)

A.

Intent. The purpose of this section is to protect the health, safety and welfare of the public by regulating the use of outdoor lighting in all zone districts to encourage lighting practices and systems that will minimize glare, energy usage, and light trespass and maintain the character and ambiance of an area, while recognizing the need for safety, security, and visibility.

B.

Residential.

(1)

On all residential property, high intensity discharge lighting, including but not limited to, high pressure sodium, mercury vapor and metal halide shall be prohibited.

(2)

All outdoor lighting used to light the general area of a site shall be shielded or directed in a manner which reduces glare and shall be so arranged as to reflect objectionable lights away from all adjacent residential districts or adjacent residences.

C.

Non-Residential.

(1)

Lighting Plan Requirements. The following information must be provided on all site plan submissions:

(a)

Location of all freestanding, building-mounted and canopy light fixtures on the site plan and/or building elevations.

(b)

Photometric grid overlaid on the proposed site plan, indicating the overall light intensity throughout the site (in foot-candles) and ten feet beyond the parcel lines. The Zoning Administrator may waive the requirement for sites with parking lots of twenty (20) spaces or less.

(c)

Specifications and details for the type of fixture being proposed, including the initial lumen rating, type of lamp, method of shielding, type of lens and all applicable accessories. The details shall include a depiction of the lighting pattern and light levels applicable for the proposed pole height.

(2)

Freestanding Pole Lighting.

(a)

Fixture Design.

1.

Exterior lighting shall be a full cut-off fixture or a fully shielded fixture, downward directed with a flat lens to prevent glare.

2.

Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be shown that there will be no off-site glare through the use of low wattage lamps and the proposed fixtures will be more consistent with the character of the site.

(b)

Lighting Levels.

1.

The intensity of light at the base of a light fixture pole shall not exceed twenty (20) foot-candles during business hours and ten (10) foot-candles after business hours.

a.

All outdoor lighting fixtures, existing or hereafter installed and maintained upon private property for non-single-family residential uses, shall be turned off or reduced in lighting intensity between 11:00 p.m. and sunrise. The following exceptions may be approved:

i.

Where greater lighting levels are necessary for security or safety purposes; or

ii.

Where permissible commercial or industrial uses such as sales, assembly and repair operate after 11:00 p.m., in which case the lighting levels shall be turned off or reduced after the use ceases for that day.

2.

Light shall not exceed one-tenth (0.1) foot-candle along any boundary adjacent to residentially zoned or used property, and one (1) foot-candle along all nonresidential property boundaries.

3.

Light levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line boundary or street right-of-way line at a height of five (5) feet above grade level.

4.

Height. The maximum height of a base, a pole and fixtures shall be eighteen (18) feet.

(3)

Building-Mounted Lighting. Building-mounted lighting for the purpose of lighting entrances, adjacent sidewalks, parking areas and loading areas is permitted subject to the following restrictions:

(a)

Building-mounted lighting shall be a full cutoff fixture or fully shielded and directed downward to prevent glare. The intensity of light shall not exceed twenty (20) foot-candles during business hours and ten (10) foot-candles after business hours at the ground level for any building-mounted fixture. Maximum height shall be eighteen (18) feet.

(b)

Light shall not exceed one-tenth (0.1) foot-candle along zoned or existing residential property lines and one (1) foot-candle along non-residential property lines.

(c)

Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be proven that there will be no off-site glare through the use of low wattage lamps and the proposed fixtures will be more consistent with the character of the site.

(4)

Prohibited Lighting Types. The following lighting types are prohibited:

(a)

The use of search lights or any similar high intensity light for outdoor advertisement or entertainment.

(b)

Flashing, moving, strobe, or intermittent type lighting, or any light having regular periods of shining and eclipse.

(5)

Exemptions. The following are exempt from the lighting requirements of this Section, except that the Zoning Administrator may require a lighting and photometric plan when deemed necessary to protect the public health, safety and welfare:

(a)

Sports fields.

(b)

Holiday decorations.

(c)

Three-foot high, shielded pedestrian walkway lighting.

(d)

Ornamental low voltage lighting (twelve (12) volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed one hundred (100) lumens.

(e)

Street lights or lights within a public or private road right-of-way.

(f)

Traffic control devices, municipal lights, and temporary emergency lights.

(Ord. No. 600, § 1, 1-8-2018)

A.

Parking Space Required. Hereafter, no building intended for occupancy within the city shall be erected unless there be provided on the same parcel of land or adjacent thereto off-street parking space or spaces in a ratio hereinafter set forth, which shall be the minimum area for such parking as hereinafter specified.

B.

There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy as hereinafter prescribed.

C.

Off-street parking shall be provided and maintained for a principal use erected, altered, or expanded after the effective date of this Ordinance.

D.

General Off-Street Parking Requirements. No permit shall be issued for the erection or alteration of any building or structure in the TD, Transition District; BD, Business District, or Parks and Recreation District unless the requirements of this chapter concerning off-street parking have been complied with. The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings, shall be in accordance with the requirements of this subsection except as otherwise provided, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use. In addition, off-street parking in the TD, Transition District; BD, Business District, or Parks and Recreation District shall be constructed and maintained subject to the following regulations:

(1)

Adequate and safe ingress and egress shall be provided to meet the approval of the Director of Public Safety and the City Engineer.

(2)

Such parking lots shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a durable, hard, smooth, dust-proof surface to meet the approval of the City Engineer and shall be graded and proper drainage facilities provided to dispose of all surface water to meet the approval of the City Engineer.

(3)

Such parking lot shall be used only for parking automobiles and no commercial activities such as washing or greasing, sale of merchandise, repair work or servicing of any kind shall be done thereon.

(4)

Parking lot lighting shall adhere to the outdoor lighting requirements of this Code. When such property is closed at night, no lighting shall be maintained, except as may be reasonable for the protection of the premises.

(5)

Necessary curbs or other protection against damage to adjoining properties shall be provided and maintained.

(6)

Off-street parking lot for residential uses shall be located within sixty (60) feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building. The location of required off-street parking facilities for other than residential uses shall be within three hundred (300) feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building.

(7)

Within non-residential districts, off-street parking for continuous periods of more than twenty-four (24) hours shall be prohibited unless for automobiles and commercial vehicles owned and operated in conjunction with the principal use of the property.

(8)

The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited.

(9)

For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use that the Planning Commission considers is similar in type.

(10)

Off-street parking areas shall be designed to provide for removal and storage of snow.

(11)

Barrier-Free Parking. Off-street parking facilities are required to provide Barrier-Free Parking spaces in accordance with the Michigan Department of Labor, Construction Code Commission Barrier-Free Design Division.

(12)

Drainage. All parking lots shall be graded or drained to dispose of stormwater runoff. The City may permit openings in the curbing for drainage purposes. No surface water shall be permitted to drain directly onto adjoining property unless a drainage easement has been obtained. Discharge of drainage into a public right-of-way, County Drain or municipal storm sewer shall require written approval from the appropriate local, County, or State agency.

E.

Schedule of Required Off-Street Parking Spaces. The number of off-street parking facilities required shall be as follows:

F.

Collective Off-Street Parking Facilities. Nothing in this article shall be construed to prevent the joint use of storage or parking space by two (2) or more buildings or uses, if the total of such space when used together shall comply with the joint requirements thereof.

G.

Flexibility in Application. The City recognizes that, due to the specific requirements of any given development, inflexible application of the parking standards may result in development with inadequate parking or parking far in excess of that which is needed. The former situation may lead to traffic congestion or unauthorized parking on adjacent streets or neighboring sites. The latter situation may result in excessive paving and stormwater runoff and a waste of space which could be left as open space.

(1)

Shared Parking.

(a)

In the instance of collective provision for off-street parking facilities for two (2) or more buildings or uses, the Planning Commission may permit a reduction in the number of parking spaces required by this chapter. Shared parking may be permitted between two (2) or more uses when the minimum parking requirements of the use requiring the largest number of parking spaces have been met and the applicant has demonstrated that the peak parking demand for one (1) use will not overlap with the peak parking demand for the other uses. In no case may parking be reduced by more than thirty (30) percent below the minimum required for each individual use. To demonstrate shared parking compatibility, the applicant shall use the methodology for calculating shared parking established by the most recent edition of the Urban Land Institute Shared Parking book or similarly accepted industry standard. Underlying parking space requirements for each use shall be based on the city parking requirements noted herein or as otherwise modified by the provisions of this Article. An irrevocable, reciprocal use easement agreement shall be required for all nonresidential developments that permit shared parking between uses within the same development. In the instance of phased projects, the applicant shall provide empirical evidence of the success of the shared parking approved in earlier phases prior to the approval of a subsequent phase.

(2)

Deviations. The Planning Commission may grant deviations from off-street parking requirements. These deviations may require less parking based upon a finding that such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question. If a deviation is granted, the following shall apply:

(a)

An applicant may request a parking deviation as part of a development application or as a separate and distinct action with no other concurrent request.

(b)

The applicant shall provide a parking study with adequate detail and information to assist the Planning Commission in determining the appropriateness of the request.

(c)

The Planning Commission may attach conditions to the approval of a deviation from the off-street parking requirements that bind such approval to the specific use in question.

(d)

The Planning Commission may require the applicant to set aside area for reserve parking (landbanking) that can be constructed as needed, although this is not a prerequisite for the approval or a deviation. Where an area is set aside for reserve parking, it shall be easily developed, not devoted to a use other than open space, and shall be designed to accommodate attendant facilities such as maneuvering lanes and drainage.

H.

Parking Maximum. It is the intent of this Ordinance to minimize excessive areas of pavement which reduces aesthetic standards and contributes to high rates of stormwater runoff. Exceeding the minimum parking space requirements by more than twenty percent (20%) shall only be allowed with approval by the Planning Commission. In granting such additional space, the Planning Commission shall determine that such parking will be required, based on documented evidence, to accommodate the use on a typical day.

I.

Off-Street Parking Regulations for one- and two-family residential zone districts.

(1)

Prohibition of parking in front yards. No parking or storing vehicles or any other material or equipment shall be permitted on any portion of the lot between the front of the building and the public street except that vehicles bearing current license plates which are in normal operating condition may be parked on a driveway.

(2)

All parking of commercial vehicle parking shall comply with Section 35-675i.

(3)

Driveway requirements. A building permit is required for the construction of a driveway. There shall be only one driveway and curb opening per lot, except as provided in subsection (b) of this section. The driveway shall be constructed of asphalt, concrete, crushed stone, brick pavers, porous paving or paver blocks or other hard-surfaced material as approved by the City Engineer.

(a)

The driveway shall be a straight or nearly straight extension from the public street directly to the side yard; or in the case of a front facing attached garage or carport, directly to the garage or carport; or in the case of a corner lot, directly to the side facing attached garage or carport, or the rear yard.

1.

A driveway in the front yard shall not be wider than 12 feet, except a driveway from the front street to an attached front facing garage or carport may be up to the width of the garage door or carport opening, but in no case wider than 18 feet between the street and the lot line parallel to the street, except for driveway flares as provided in subsection (3) of this section.

2.

In the case of corner lots, a driveway from the side street to the side or rear yard shall not be wider than the width of the garage door, carport opening or 20 feet, whichever is greater, but in no case wider than 20 feet between the street and the lot line parallel to the street, except for driveway flares as provided in subsection (a)3. of this section.

3.

The opening in a curb or street may exceed the driveway width by up to six feet (three feet per side) for a driveway flare, provided the maximum opening in a curb or street does not exceed 22 feet.

4.

A sidewalk may be located in the front or side yard parallel and adjacent to one side of the driveway provided that it is no wider than three (3) feet, and further provided that it is differentiated from the driveway by the use of a different pattern, material and/or color.

(b)

In addition to a straight driveway, a semi-circular driveway may be permitted in the front yard, but only if one of the following two criteria is met:

1.

The lot is in the R-1A zone district and has a lot width of at least 150 feet, a front yard depth of at least 40 feet, and the total driveway area (straight driveway plus semi-circular driveway) does not occupy more than 25 percent of the front yard; or

2.

The lot fronts on Eleven Mile Road and the total driveway area (straight driveway plus semi-circular driveway) does not occupy more than 60 percent of the front yard.

3.

A semi-circular driveway must comply with all of the following conditions:

i.

Except for corner lots where the straight driveway is off the side street, there shall be no more than two driveway openings per lot and the semi-circular driveway shall join the straight driveway before entering the public right-of-way.

ii.

The semi-circular driveway shall not exceed ten feet in width with each curb cut opening not to exceed 14 feet in width.

iii.

An application for the semi-circular driveway shall be accompanied by a plan sealed by a registered engineer showing how the stormwater runoff from the driveway will be drained and certifying that all of said water will be retained and absorbed on-site.

iv.

A site plan for the semi-circular driveway along with a landscape plan shall be submitted to the Planning Commission for review and approval in accordance with the requirements of section 40-10.08. The landscape plan shall show the plant materials being used to substantially soften the impact of the semi-circular driveway. Such materials shall be installed and planted simultaneously with the installation of the semi-circular driveway.

(4)

Prohibited use for open areas. No machinery, equipment, vehicles or other materials, either discarded or showing evidence of need for repairs or maintenance, shall be stored or parked, or permitted to stand in any open area that is visible from the street, public place or adjoining residential property.

J.

Off-Street Parking Design Standards.

(1)

Plans for the layout of off-street parking facilities shall be in accord with the minimum requirements set forth in Table 10.06.

(a)

All spaces shall be provided adequate access by means of maneuvering lanes.

(2)

Illumination. All illumination of parking lots or display areas shall be designed and installed to comply with the requirements of Section 40-10.05.

(3)

Landscaping. The parking area shall provide screening, greenbelts, buffers and parking lot landscaping in accordance with Section 40-10.02. Where parking abuts required landscape islands or greenbelt areas, the parking space may be decreased by two (2) feet in length if curbing is provided.

(4)

Parking Abutting Sidewalks. Where a parking space overhangs a sidewalk the minimum sidewalk width shall be seven (7) feet and the parking space may be decreased by two (2) feet in length if curbing is provided.

(Ord. No. 600, § 1, 1-8-2018)

A.

Where Required. On-premises space for standing, loading and unloading vehicles shall be provided for each use involving the receipt or distribution of goods. As part of the site plan review, the Planning Commission may permit central loading areas to be shared by multiple uses.

B.

Traffic Flow Location. The location of the loading area shall be sufficient to prevent undue interference with adjacent, required parking spaces, maneuvering aisles, or traffic flow and no unloading on public streets. Loading/unloading areas and docks shall not be located in the front yard. Where possible, loading areas shall be integrated into the design of the building to minimize visibility.

C.

Alleys. Where an alley exists at the rear of the building, the required loading area may be computed from the centerline of the alley.

D.

Size. The size of all required loading/unloading spaces shall be at least ten (10) feet by fifty (50) feet or five hundred (500) square feet in area, with a clearance of at least fourteen (14) feet in height. The Planning Commission may modify this requirement for uses when it is shown that smaller delivery trucks will be utilized on a regular basis.

E.

Pavement. Loading dock approaches shall be constructed of asphalt or concrete with a base sufficient to accommodate expected vehicle weight as approved by the City Engineer.

F.

Number. The minimum number of loading spaces shall be provided in accordance with the requirements set forth in Table 10.07.

G.

Flexibility in Application.

(1)

The city recognizes that, due to the specific requirements of any given development, inflexible application of the loading standards may result in development with unnecessary loading area, which may lead to internal traffic congestion and excessive paving and stormwater runoff and a waste of space which could be left as open space.

(2)

The Planning Commission may grant deviations from loading requirements. These deviations may require more or less loading based upon a finding that such deviations are more likely to provide a sufficient number of loading space to accommodate the specific characteristics of the use in question.

(Ord. No. 600, § 1, 1-8-2018)

A.

Where Required. The standards set forth in this Section shall apply to all uses that access a public street.

B.

General Requirements.

(1)

Adequate ingress and egress to the parking facility shall be provided by clearly defined driveways. Access to public roads shall be controlled in the interest of public safety. Each building or group of buildings used for non-residential purposes, and its parking or service area, shall be physically separated from public roads by a greenbelt, curb, or other suitable barrier against unchanneled motor vehicle access or egress, except for access ways authorized herein.

(2)

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal peak traffic period. Parking lots shall be designed to prevent vehicles from backing into the street or requiring use of the street for maneuvering between parking rows.

(3)

Cross access is required and shall be located to provide a direct connection with the existing or future access of the abutting non-residential properties. A site plan without cross access may be approved when it can be demonstrated that there are either physical limitations or functional circumstances that would prevent such access from being installed. As part of a site plan review, the Planning Commission may require cross access or a cross access easement for future a cross access connection.

(4)

There must be sufficient on-site storage to accommodate at least three (3) queued vehicles waiting to park or exit without using a portion of the public right-of-way obstructing exiting vehicle sight distance, or otherwise interfering with street traffic.

(5)

Driveways shall be designed to accommodate all vehicle types having occasion to enter and exit the site, including delivery vehicles. There shall be clear delineation and/or separation, where appropriate, of entry and exit lanes within driveways.

(6)

Ingress and egress to an off-street parking facility for all uses other than single-family residential shall not cross land zoned for single-family.

a.

Location and Spacing.

1.

Ingress and egress from an off-street parking facility located in an area zoned for all uses other than single-family residential shall be at least twenty-five (25) feet from adjacent property zoned single-family residential.

2.

The number of access points shall be limited to the minimum needed to provide reasonable access. Access points shall be designed and located to minimize conflicts with traffic operations along the street and be placed as far from intersections and other access points as approved by the City Engineer or appropriate governing agency.

(Ord. No. 600, § 1, 1-8-2018)

A.

General Standard. The parking and circulation system within each development shall accommodate the movement of vehicles, bicycles, pedestrians and transit, throughout the proposed development and to and from surrounding areas, safely and conveniently, and shall contribute to the attractiveness of the development. The on-site pedestrian system must provide continuity, street crossings, visual interest and security as defined by the standards in this Section.

B.

Safety Considerations. To the maximum extent feasible, pedestrians shall be separated from vehicles.

(1)

Minimizing Pedestrian/Vehicular Conflicts. Physical separation of pedestrian and vehicular access is the most effective means of avoiding conflicts and unsafe conditions. Where complete separation of pedestrians and vehicles is not possible, potential hazards shall be minimized by the use of techniques such as special paving, grade separations, pavement marking, signs or striping, bollards, pedestrian safety island, landscaping, lighting or other traffic calming measures to clearly delineate pedestrian areas, for both day and night use.

(2)

Multi-Use Paths. Where bicycle paths are required or are specifically part of a site plan and pedestrians and bicyclist share walkways, the pedestrian/bicycle system shall be designed to be wide enough to easily accommodate the amount of pedestrian and bicycle traffic volumes that are anticipated. The minimum width shall meet American Association of State Highway and Transportation Officials (AASHTO) guidelines and applicable City Engineering design standards as determined by the City's consulting engineer.

(3)

Curb Cuts and Ramps. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, for bicyclists and for people pushing strollers or carts. Curb cuts and ramps shall be located at convenient and safe locations. The location and design of curb cuts and ramps shall comply with the Michigan Barrier-Free Code and the Americans with Disabilities Act Standards for Accessible Design.

C.

Site Amenities. Development plans shall include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks, drinking fountains, canopies and benches. However, all sites with parking of ten (10) spaces or greater shall provide a bike rack for at least two (2) bicycles within fifty (50) feet of the building entrance.

D.

Walkways.

(1)

Walkways within the site shall directly connect points of pedestrian origin and destination. Walkways shall not be located based only on the outline of a parking lot if it does not provide direct pedestrian access. Walkways shall either be grade separated from parking lots or clearly delineated to avoid pedestrian/vehicular conflicts.

(2)

Where it is necessary for the pedestrian access to cross maneuvering aisles or internal roadways, the crossings shall emphasize and place priority on pedestrian access and safety. The pedestrian crossings must be well-marked, using such measures as pavement treatments, signs, striping, signals, lighting, pedestrian safety islands, landscaping and other traffic calming techniques.

(Ord. No. 600, § 1, 1-8-2018)

A.

Application and permit required. No person shall erect or rebuild any fence or wall unless such person shall first have applied for and received a permit therefor from the Zoning Administrator or his/her designee. Application for such permit shall contain a plot plan showing the proposed location, height, material, and opacity of the fence. The city may request additional information to confirm that the erection of such fence is consistent with the provisions of this chapter or the laws of the State of Michigan.

B.

Height and Location for fences.

(1)

No fence shall be erected, constructed, maintained or rebuilt in a front yard.

(2)

No fence shall exceed four (4) feet in height at any point behind the front yard except:

(a)

Fences up to six (6) feet in height are permissible along shared rear property and along shared side property line in rear yard provided that the fence meets all other requirements of this article, and provided that the property owner adjacent to the proposed fence shall approve, in writing, of the additional height.

(b)

On a corner lot, a fence may be constructed up to six (6) feet in height, provided it is constructed in the rear yard and adjacent to a public right-of-way.

(c)

Fences up to six (6) feet in height are permissible along shared side or rear property lines between residential properties and nonresidential property.

(d)

Fences up to eight (8) feet in height are permissible along shared side or rear property lines between residential properties and nonresidential property used to store dump trucks, cars or heavy equipment, or upon which salt, sand or other raw materials are stockpiled.

(e)

Fences up to twenty (20) feet in height are permissible upon public property used for parks, playgrounds, ballfields and golf courses.

(f)

Maximum height for driveway clearance. No fence or hedge which obstructs the visibility of sidewalks or streets from any driveway on the property, or any pre-existing driveway on an adjacent property, may exceed thirty (30) inches in height if located within ten (10) feet of the intersection of the driveway edges and the sidewalk.

(g)

A fence up to four (4) feet in height may connect a fence in the side yard to the side of the house, provided that the connecting fence shall be no further forward than the midpoint of the house depth or a house having a side door entrance may have a connecting fence up to four (4) feet in height extending toward the front of the house for distance not to exceed three (3) feet in front of the side door. A fence in a side yard shall not be located next to a driveway on an adjacent parcel to prevent full use of such driveway.

(h)

Where the side yard is adjacent to Coolidge Highway, a fence is permitted up to six (6) feet in height.

C.

Privacy screens. Privacy screen means a type of fence that is a substantially opaque barrier intended to screen a selected use or particular area in a private residential yard. Privacy screens may be placed on the interior of a lot, subject to the following:

(1)

Height. Privacy screens shall not exceed six (6) feet in height.

(2)

Location. Privacy screens shall not be located in a required rear yard accessory structure setback area.

(3)

Limits on enclosure. A privacy screen shall be designed to screen a selected use or area (such as a swimming pool or patio) but cannot extend for the entire length of a side or rear yard. In no case shall a privacy screen be located in a front yard.

(4)

Materials. Privacy screens shall be constructed primarily of wood, masonry, or wrought iron.

D.

Height and Location for Hedges and Landscaping. No hedge or solid landscaping screen shall be erected, constructed, planted, maintained or rebuilt in the front yard except a hedge or landscaping screen which is less than thirty (30) inches in height may be located in the front yard, provided that the hedge or landscaping screen shall not project over the lot line. A hedge located in a front or side yard may not be closer than three (3) feet from any driveway on an adjacent property.

E.

Opacity and Structural requirements.

(1)

Structural Requirements. Fences shall be constructed of an open pattern metal, woven wire, wood or vinyl, in such a manner so that there shall be either horizontal or vertical openings or both, of at least three (3) inches in width provided for the full length or height of the fence, and provided further that said fence shall not obstruct vision to an extent greater than 50 percent of the total area. The columns or support posts of a fence or wall may exceed the height limit of the fence by no more than eight inches.

(2)

The opacity of a fence may be reduced or eliminated if:

(a)

The fence will be located in the rear yard adjacent to a public right-of-way; or

(b)

The fence will enclose a pool or hot tub if part of the enclosure is in a required side or rear yard.

F.

Walls.

(1)

Retaining walls. For the purpose of location and height, retaining wall shall be considered a fence and shall be subject to the provisions of this section if the wall extends more than one (1) foot above the adjacent ground level. Retaining walls shall meet the requirements of the local building code and be approved by the code official.

(2)

Screening walls up to eight (8) feet in height are permissible along shared side or rear property lines between residential properties and nonresidential property used to store dump trucks, cars or heavy equipment, or upon which salt, sand or other raw materials are stockpiled.

(3)

Walls on nonresidential property shall be constructed in accordance with the regulations of Section 40-10.02.

(4)

Walls on residential property shall be constructed in accordance with the following:

(a)

A wall shall not be constructed in a dedicated easement or within four feet of the location of an underground utility.

(b)

A wall shall not exceed thirty (30) inches above grade, unless as permitted under Section 40-10.10.F(2).

G.

Nonconforming existing fences, walls and hedges. Fences and walls already erected as of the date the ordinance may be maintained at their current height so long as such is in compliance with the law existing at the time of erection. However, the height and location of any such fence or wall must be made to comply with this section if any structural alteration is made, or if any structural alteration is necessary to safely or properly maintain the fence or wall. A nonconforming fence or wall that is destroyed by any means to an extent of more than sixty (60%) percent of its replacement cost shall not be reconstructed except in conformity with the provisions of this Article.

H.

Clearance From City Property.

(1)

City sidewalk. A fence, wall or outer growth of a hedge shall be a minimum of one (1) foot from any city sidewalk.

(2)

City right-of-way. No fence, wall or hedge may be located in the city's right-of-way, including but not limited to, that area between the street and the sidewalk. For any fence or wall equipped with a gate, such gate shall not swing over the city's right-of-way.

I.

Other Restrictions.

(1)

Vacant lots. On a vacant lot, no fence may be erected, other than a temporary fence for construction purposes as deemed necessary by the Building Official.

(2)

One fence per lot line. Only one fence or wall may be erected along a common lot line in the combined required side and rear yards.

(3)

Dog runs are prohibited.

J.

Finished Face of Partition Fences and Walls. The finished face of any fence or wall shall face outside the permit holder's property, with the visible posts or supports being located on the inside of the fence or wall, unless the fence is so constructed that both sides of the fence are the same (such as a board-on-board or shadow box fence).

K.

Dilapidated or Dangerous Fences and Walls; Blight.

(1)

It shall be the duty of the owner upon whose property the fences or wall are located to ensure that all fences or walls are installed and maintained plumb, with adequate support and footings, and in a safe and sightly manner. If the fences or walls are deemed to be on the lot line and the ownership is not known, it shall be the duty of both adjoining property owners to maintain the fences or walls in a safe and sightly manner.

(2)

The building official of the city is hereby authorized to order the removal or repair of fences and walls that are dangerous, damaged, paint peeled, dilapidated, or otherwise in violation of this Code or state or federal law.

L.

Prohibited Materials.

(1)

No fence or wall shall be constructed, in whole or in part, of barbed wire or in such a manner as to attach any spike, nail, or other sharp point, instrument or material.

(2)

No fence or wall shall be electrically charged or connected to an electrical current, except for a fence installed below ground as an element of an animal control system.

(3)

No fence or wall shall be constructed of corrugated plastic or contain woven plastic materials.

M.

Zoo Fencing and Screening Adjacent to Huntington Road.

(1)

Applicability. This section shall apply to any zoo fencing or screening along the frontage of Huntington Road that is located within 120 feet of the Huntington Road centerline.

(2)

Fence and Screening Requirements:

(a)

Perimeter Fence.

1.

Definition: Fence directly abutting and parallel to Huntington Road.

2.

Perimeter Fence shall be a black chain link fence. Barbwire is permitted only at the top of the fence. Razor wire is prohibited. Through a site plan review, the Planning Commission may approve the use of another material.

3.

No tarp shall be affixed or located within fifteen (15) feet of the Perimeter Fence.

4.

The maximum permitted Perimeter Fence height is ten (10) feet, including barbwire portion.

(b)

Operation, Service Area, or Indoor Animal Habitat.

1.

Definition: An exterior area to the rear of a building that is used for zoo operations, services, or indoor animal habitat, including but not limited to, trash enclosure areas, outdoor storage, concession stands, utility areas, and building for animal habitat.

2.

Operations, Service Area, or Indoor Animal Habitat areas shall be screened either with a landscape screen located along the existing Huntington Road perimeter fence that provides a minimum of 80% opacity; or a fence of a natural material such as wood or bamboo.

3.

The maximum permitted fence height for Operation, Service Area, or Indoor Animal Habitat areas is six (6) feet.

(c)

Outside Animal Habitat.

1.

Definition: An exterior area in which animals are confined within enclosures, to be displayed, bred, cared for, or rehabilitated.

2.

Outside Animal Habitat areas may be screened either by a fence of natural material such as wood or bamboo; or a tarp screening if said tarp is supplemented with landscape screening along the existing Huntington Road perimeter fence that provides a minimum 80% opacity. No tarp shall be located within fifteen (15) feet of the perimeter fence.

3.

The maximum permitted fence height for an Outside Animal Habitat area is ten (10) feet.

(d)

Construction Area.

1.

Definition: An exterior area where construction work is being undertaken.

2.

Screening for a construction area shall only be valid for six (6) months in length. Any period longer than six (6) months in length shall require an extension from the Zoning Administrator.

3.

The maximum permitted fence height for a Construction Area is eight (8) feet.

(e)

Other Areas.

1.

Definition: Portion of zoo adjacent to Huntington Road that does not meet the definition of Operations or Service Area, Animal Habitat, or Construction Area.

2.

Only landscaping shall be permitted in these areas.

(f)

For any portion of the zoo adjacent to Huntington Road that meets two or more of the fence type area definitions as set forth in Sections 40-10.12.M(2)(a)—(e), the more restrictive fencing or screening requirement shall apply.

(Ord. No. 600, § 1, 1-8-2018)

A.

Intent. The intent of this article is to regulate signs and outdoor advertising within the city to protect public safety, health and welfare; minimize abundance and size of signs to reduce visual clutter, motorist distraction and loss of visibility; promote pedestrian and vehicular traffic safety and minimize negative impacts on surrounding property; promote a quality manner of display which maintains and enhances the character of the city; promotes public convenience; preserves property values; encourages the effective use of signs as a means of communication and support of businesses; and overall enhances the aesthetic appearance and quality of life within the City.

The regulations and standards of this article are considered the minimum amount of regulation necessary to achieve a substantial governmental interest for public safety, traffic safety, aesthetics, protection of property values, and intended to be content neutral. These regulations are content neutral. These objectives are accomplished by establishing the minimum amount of regulations necessary concerning the size, placement, construction, illumination and other aspect of signs in the city so as to:

(1)

Protect the public rights to receive messages, especially non-commercial messages such as religious, political, economic, social, philosophical, and other types of information protected by the First Amendment of the United States Constitution. Nothing in this chapter is intended to limit the expression of free speech protected by the First Amendment.

(2)

Recognize that the principle intent of commercial signs, to meet the purpose of these standards and serve the public interest, should be for identification of an establishment on the premises.

(3)

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

(4)

Recognize that different areas of the City require different sign regulation due to factors such as their intended audience (pedestrians, drivers, etc.) and their ability to help promote the character of an area.

(5)

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

(6)

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

(7)

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

(8)

Prevent off-premises signs from conflicting with land uses.

(9)

Preserve and improve the appearance of the City and road corridors through the City, including Woodward Avenue, by encouraging signs of consistent type and size which are compatible with and complementary to related buildings and uses, and are harmonious with their surroundings.

(10)

Prohibit portable commercial signs near the road rights-of-way in recognition of their significant negative impact on traffic safety and aesthetics.

B.

Construction Standards.

(1)

General Requirements. All permanent signs shall be designed and constructed in a safe and stable manner in accordance with the City's adopted Building and Electrical Code. All electrical wiring associated with a freestanding sign shall be installed underground.

(2)

Building Code Compliance. All permanent signs shall be designed to comply with minimum wind pressure and other requirements set forth in the adopted Building Code.

(3)

Framework. All signs attached to a structure shall be designed so that the supporting framework, other than the supporting elements on a freestanding sign, is contained within or behind the face of the sign or within the building to which the sign is attached so as to be totally screened from view.

C.

Illuminated Signs.

(1)

Indirectly or internally illuminated signs are permitted in non-residential districts provided such sign is so shielded as to prevent direct light rays from being visible from the public right-of-way or any adjacent property.

(2)

Lighting of off-premises signs must be turned off after 11:00 p.m. Lighting of on-premises signs shall be turned off upon closing, but no later than 11:00 p.m.

(3)

The backlighting of awnings is prohibited.

D.

Measurement of Sign Area.

(1)

The area of a sign shall be computed as including the entire area within the regular geometric form of a square, rectangle, triangle, or circle. If the sign utilizes more than one (1) separate geometric form, a square or rectangle may be combined with a contiguous circle or triangle. The form(s) shall encompass all the display area of the sign including all elements of the matter displayed.

(2)

Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back, parallel to one another and less than twenty-four (24) inches apart, the area of the sign shall equal the area of one (1) face.

(3)

Frames and structural members not bearing copy or display material shall not be included in the computation of sign area.

E.

Prohibited Signs.

(1)

Swinging Signs. Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of suspension or attachment.

(2)

Blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color, or which are so constructed and operating as to create an appearance of writing or printing. Nothing contained in this ordinance shall be construed as preventing use of lights or decorations related to religious and patriotic festivities.

(3)

Moving Signs. Except as otherwise provided in this section, any sign or portion thereof which moves or assumes any motion constituting a non-stationary or fixed condition, including pennants, search lights, twirling signs, balloons, feather, or other gas-filled figures.

(4)

Parking of Advertising Vehicles. No vehicle, or trailer, which has attached thereto, or painted thereon, any sign or advertising device displaying the name of any business, product or service located on the subject premises, shall be parked between the hours of 11:00 p.m. and 6:00 a.m.:

(a)

On private property, in any non-residential district, between the front line of the structures located thereon and the front property line; and

(b)

On a public right-of-way, or on public property so as to be visible from a public right-of-way. Vehicles engaged in attended loading activities and otherwise lawful parking shall be exempt from this provision.

(5)

Abandoned Signs. Signs that advertise an activity, business, product, or service no longer conducted or available on the premises on which the sign is located.

(6)

Painted Wall Signs. Signs which are painted directly on to the wall, or any other structural part of a building.

(7)

Roof Signs. Signs which are erected or constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

(8)

Fence Signs. Signs which are pasted or attached to utility poles or placed upon trees, fences, rocks, or in an unauthorized manner to walls or other signs.

(9)

Projecting Signs. Signs located in, or which project into or overhang any public right-of-way, except as allowed by local, state, or federal law or regulation.

(10)

Electronic Message Signs, including LED signs or moving video signs, except as otherwise permitted by this Ordinance.

(11)

Miscellaneous Signs.

(a)

Tacking, pasting, or otherwise affixing of signs or posters visible from a public way except "no trespassing", "no hunting", "beware of animal", warning of danger signs, and other legal postings as required by law, located on the walls of buildings, barns, sheds, on trees, poles, posts, or fences.

(b)

Signs which imitate an official traffic sign or signal which contains the words "stop", "go", "slow", "caution" "danger", "warning", or similar words except as otherwise provided in this Section.

(c)

Signs which are of a size, location, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection.

(d)

Signs which contain statements, words, or pictures of an obscene, pornographic, or immoral character.

(e)

Signs which emit audible sound, odor, visible matter.

F.

Signs Permitted in All Districts without a Permit. Subject to the other conditions of this ordinance, the following signs shall be permitted anywhere within Huntington Woods without a permit:

(1)

Public Traffic and Directional Signs.

(a)

Signs which direct traffic movement onto, or within, a property and which do not contain any advertising copy or logo, and which do not exceed six (6) square feet in area for each sign.

(b)

A directional sign shall be located on the property to which it is directing traffic and shall be located behind the front right-of-way line.

(c)

A directional sign may bear the logo of a business for which it directs entering and exiting traffic if it is the determination of the Zoning Administrator that such logo is reasonably necessary for the effectiveness of the directional sign on which it is located.

(2)

Garage and Estate Sales. Garage sale and estate sale signs in residential zoning districts, provided that such signs:

(a)

Are not attached to public utility poles.

(b)

Do not exceed six (6) square feet in area.

(c)

No more than three signs.

(d)

Are erected no more than three (3) days before, and are removed within one (1) business day.

(e)

Signs must be placed behind the sidewalk on private property. If signs are placed on private property other than on the property of the homeowner or occupant sponsoring the garage sale, permission must be obtained.

(3)

Business Signs. Business signs containing information on credit cards, business affiliations, hours of operation, open/closed, etc. The combined area of all such signs shall not exceed four (4) square feet and shall not be included in the maximum window coverage calculation.

(4)

Construction maintenance or service work being performed.

(a)

Number. May display one (1) sign on parcel(s) of which work is being completed.

(b)

Duration. May remain on-site during duration of work. Must be removed when work is complete.

(c)

Size. Six (6) square feet and maximum of four (4) feet in height.

(5)

For rent or for lease signs.

(a)

The sign shall not exceed sixteen (16) square feet in area. (In computing the area of applied lettering, the length and height shall be taken as six inches greater than the overall length and height of lettering.)

(b)

The sign shall not project above the roofline and shall be attached flat to the building.

(c)

Any lighting shall be shielded as to prevent direct light rays from being visible from the public right-of-way or any adjacent property.

(d)

There shall be only one sign per building.

(6)

Exempt.

(a)

Signs not exceeding one (1) square foot in area bearing only property numbers, post box numbers, names of occupants or premises, or other identification of premises not having commercial connections.

(b)

Legal notices, identification, information, or directional sign erected, or required by governmental bodies.

(c)

Integral decorative or architectural features of building, except letters, trademarks, moving parts, moving lights, or backlit areas.

(d)

Signs containing non-commercial messages such as religious, political, economic, social, philosophical, and other types of information protected by the First Amendment of the United States Constitution.

G.

Signs Permitted in TD and BD District.

(1)

Ground, Wall, Awning and Canopy signs.

(a)

Number. Up to one (1) ground sign and (1) wall sign per lot.

(b)

Total Signage Area per Lot. The total permitted wall, ground, canopy, or awning signage per lot shall be not exceed 1.50 square foot of sign area for each 1.0 linear foot of building frontage occupied by a business to a maximum area of one hundred fifty (150) square feet.

1.

All tenants without ground floor frontage, in a given building, shall be permitted one (1) combined exterior wall sign not more than twenty (20) square feet in area. Total additional tenant signage shall not exceed more than one hundred (100) square feet.

(c)

Ground Sign.

1.

Total height including base shall not exceed eight (8) feet.

2.

Setback shall be no closer to street lot line than the height of the sign.

3.

No ground sign may exceed thirty-two (32) square feet in sign area.

(d)

Wall Sign.

1.

No sign shall project above the roofline.

(e)

Canopy and Awning Sign.

1.

A canopy and awning sign is permitted in lieu of a wall sign. For canopies and awnings upon which a sign is to be displayed, the entire area of such canopy and awning shall be considered to be a sign area.

(2)

Window.

(a)

Number and Size. No limit on number but total window sign area cannot occupy more than twenty percent (20%) of each individual window.

(b)

Window signs must be located inside the window.

(c)

Window signs shall be placed to allow clear vision into the building by public safety personnel.

(3)

Menu/Price Boards. In addition to the signs permitted in paragraphs 1, and 2 above, drive-through businesses with automobile pick up windows may have one (1) menu/price board per drive. The total square footage for menu board per drive-aisle shall not exceed twenty (20) square feet in area.

(4)

Vehicle Fueling/Multi-Use Stations.

(a)

Gasoline Price Sign.

1.

Location. Said sign shall be mounted or attached to business identification ground sign, provided that clear views of street traffic by motorists or pedestrians are not obstructed in any way.

2.

Number. An automobile service station may have one (1) additional sign for the purpose of advertising gasoline prices and other services provided on the premises.

3.

Size. Said sign shall not exceed eight (8) square feet in area and shall not advertise the brand name of gasoline or other materials sold on the premises.

4.

Illumination. Fuel prices may be LED numerals provided the following are met:

i.

Numerals shall not exceed 12 inches in height.

ii.

All numerals shall be either red or green in color. LED background may only be black.

iii.

The numerals may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance.

iv.

The LED light is programed to automatically turn off in the event of a malfunction.

(b)

Canopy.

1.

Number. An automobile service station may have one (1) additional sign to be located on the fueling canopy for each public street frontage.

2.

Size. Said sign can be one-half (1/2) square foot of sign area for each one (1) linear foot of canopy face length adjacent to facing public street frontage.

(c)

Pump Signage.

1.

Number. One (1) per fuel pump face.

2.

Size. Maximum of one (1) square-foot.

(5)

Miscellaneous Signage.

(a)

Temporary Banner.

1.

Permitted a maximum of four (4) times a year, not to exceed thirty (30) days at one time.

2.

No larger than twenty (20) square feet.

3.

Banners shall be attached to a building wall or permanent canopy extending from a building, and shall not extend above the roofline.

(b)

Sandwich Board Signs.

1.

Sandwich board signs shall only be located on sidewalks contiguous to the business being advertised. They shall not extend beyond the length of the business frontage. In no event shall the sandwich board sign reduce the open portion of the public sidewalk to less than five feet clear of all obstructions (i.e., street lighting, benches, trees, trash receptacles, etc.).

2.

One per lot.

3.

The signage area shall be a maximum of six (6) square feet on each face of the sign. The overall sign size shall not exceed 27" wide and/or 42" tall.

4.

Sandwich board signs may only be displayed during open business hours.

5.

Sandwich board signs are not permitted on a public sidewalk during times of snow and inclement weather.

H.

Removal of Signs.

(1)

Legal Non-Conforming. The Zoning Administrator shall order the removal of any sign erected or maintained in violation of this ordinance except for legal non-conforming signs. In the case of permanent signs, written notice shall be given to the owner of such sign or of the building, structure, or premises on which said sign is located ordering removal of the sign or such action as is necessary to bring the sign into compliance with this ordinance and specifying a reasonable period of time for removal and/or compliance. Upon failure to remove the sign or to comply with this notice within the specified time, the City may remove the sign immediately and without further notice, at its discretion. Any sign deemed a safety hazard, signs prohibited under the provisions of Section 40-10.11.E, and signs improperly erected in any public right-of-way, may be removed without notice. Any cost of removal incurred by the City may be assessed to the owner of the property on which such sign is located, and such charge shall be a lien on the property.

(2)

Expiration. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within thirty (30) days after the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the City shall remove it in accordance with the provisions stated in Section 40-10.10.I preceding. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs to advertise the type of business being conducted on the premises and provided the signs comply with the other provisions of this ordinance.

I.

Violations.

(1)

Any person or agent who installs or causes any of the following are party to the violations:

(a)

To install, create, erect, or maintain any sign in a way inconsistent with the terms of this Ordinance or that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located.

(b)

To install, create, erect, or maintain any sign requiring a permit without such a permit.

(2)

Separate Violation. Each sign installed, created, erected, or maintained in violation of this Ordinance shall be considered a separate violation.

(3)

Right-of-Way. Unless specified elsewhere in this ordinance any signs placed within a road right-of-way (ROW) and on utility poles will be considered a violation of this Ordinance and may be removed by the City at the expense of the owner.

(Ord. No. 600, § 1, 1-8-2018)