The purpose of this article is to regulate signs and outdoor advertising within the City of Jackson to protect public safety, health, and welfare; minimize abundance and size of signs to reduce motorist distraction and loss of visibility; promote public convenience; preserve property values; support and complement strategies of the City of Jackson Master Plan; and enhance the aesthetic appearance and quality of life within the city. Additional objectives, above and beyond those found within this article, are as follows:

(a)

Protect the public right in accordance with the First Amendment of the United States Constitution.

(b)

Recognize that the principal intent of commercial signs is to serve the public interest, for providing accurate information to the public, not for creating visual blight, and not for compromising traffic safety.

(c)

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.

(d)

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

(e)

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

(f)

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

(g)

Preserve and improve the aesthetics and character 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.

(h)

Provide a predictable form-based ordinance that focuses on regulating the time, place, manner, and physical characteristics of signs, but not focus on regulating the message content of signs.

(Ord. No. 2016.07, § 2, 3-29-16)

Please refer to section 28-4 regarding how the wording utilized in this and the other articles which comprise this chapter shall be interpreted.

(Ord. No. 2016.07, § 2, 3-29-16)

_____

(a)

Character. All signs must be designed, constructed, and maintained to be appropriate in appearance with the existing or intended historic character of the city and to maintain the essential character of the area. Signs must be discernible and easy to read for both pedestrian and vehicular traffic.

(b)

Location/projection. Unless otherwise permitted herein, no signs, except those established by the city, county, state, or federal government, may be located in, projected onto, or overhang any city-owned public right-of-way unless a revocable license is issued by the Community Development Department (see section 28-166). Signs cannot extend above the roof or parapet of the structure to which it is attached. Signs cannot be located within ten (10) feet of a fire hydrant.

(c)

Enlargement, alteration or relocation. Signs cannot be enlarged, structurally altered, or relocated except to increase their conformity to the provisions of this chapter.

(d)

Calculation of total sign area. The area of a sign is limited to the size of the cabinet or structure (excluding the base) except awnings and gas station canopies (see section 28-253 and the following diagram).

(e)

Setbacks. All signs, unless otherwise provided for, shall be located outside any public street right-of-way line, unless a revocable license is granted, and shall comply with section 28-262, visibility at intersections.

(f)

Substitution. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent the favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message.

(g)

Illumination. Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign (i.e., front lit signs) or internal to it (i.e., back lit signs). No sign shall be illuminated by any open spark or flame, intermittent, or flashing illumination, except as otherwise permitted by this chapter.

(1)

Front lit signs. "Front lit signs" are signs that are illuminated by an external light source. An example of a front lit sign is a monument sign that is illuminated by a spot light that is located several feet in front of the sign. The background of front lit signs may be any color, provided they are not reflective at night. However, such signs may use light reflecting lettering and messaging.

(2)

Back lit signs. "Back lit signs" are signs that are illuminated by an internal light source. An example of a back lit sign is a monument sign that is illuminated by several fluorescent bulbs that are located within the sign cabinet. The background of back lit signs may be any color—which complements the character of the surrounding area (except white)—provided the background is blacked out at night so that only the lettering and message is illuminated.

(3)

[Illumination of signs.] Illumination of signs shall meet the standards included in section 28-109; and shall be directed or shielded downward, so that no direct ray from such illumination shall interfere with the vision of persons on the adjacent streets or of adjacent property owners. The use of colored lights that could reasonably be confused with traffic signals shall not be permitted. Underground wiring shall be required for all illuminated signs not attached to a building.

(Ord. No. 2016.07, § 2, 3-29-16; Ord. No. 2022-04, § 2, 5-24-22)

The signs outlined in the following table are subject to a permit or other approval as indicated. Unless stated otherwise within the article, all other sign types are exempt from the permit requirements. The design requirements and other provisions for such sign are also prescribed. Permit application requirements are found in section 28-254. These signs include the following and are defined in section 28-5.

(Ord. No. 2016.07, § 2, 3-29-16; Ord. No. 2016-29, § 3, 11-15-16; Ord. No. 2020-19, § 2, 10-27-20; Ord. No. 2023-03, § 2, 1-24-23; Ord. No. 2023-07, § 2, 9-26-23)

It shall be unlawful for any person to erect, structurally alter, or relocate any sign as defined herein unless specifically exempted hereunder, without first obtaining a permit from the zoning administrator and making payment of any fee required by the city. The zoning administrator shall review the sign permit applications for conformance with the requirements of this chapter. The zoning administrator shall not issue a permit for erection of a proposed sign that is not in conformance with the requirements of this chapter unless a variance is otherwise issued by the zoning board of appeals.

(Ord. No. 2016.07, § 2, 3-29-16)

Application for sign permits shall be made upon forms provided by the city and shall have attached thereto the following information:

(a)

Applicant must fill out a city sign application form obtained from the zoning administrator.

(b)

Information that must be included in the application is:

(1)

Location. A written description of the sign as well as an adequate staking of the requested sign location that would allow for on-site inspection.

(2)

A drawing of the sign and any structural supports, which gives all dimensions of the sign and structure (i.e., length, width, and height).

(3)

A schematic sketch or drawing of the site showing its relationship to the roadway and adjacent land uses and any landscaping to be used in conjunction with the sign. The sketch shall be drawn at a readable scale with a scale bar.

(4)

A schematic sketch or drawing of the building façade with dimensions (width) and schematic sketch or drawing with dimensions (length, width, and height) of all other signs on the property.

(5)

Information to confirm the sign will be installed or altered by a contractor registered with the city. No person shall engage in the business of erecting or installing signs without registering with the city to conduct such operations.

(c)

Signs shall conform to all aspects of this chapter.

(d)

Application shall be made to the zoning administrator.

(e)

Where it is alleged that there is an error in any order, requirement, decision, grant or refusal made by the zoning administrator in the interpretation of this chapter, the zoning board of appeals shall have the power to hear and decide appeals, filed as provided in section 28-244.

(Ord. No. 2016.07, § 2, 3-29-16)

A fee shall be paid for the issuance of a sign permit or renewal in accordance with a schedule of fees, which shall be adopted by the city council. Such schedule of fees shall be designed to reimburse the city for all reasonable costs incurred to process, review, inspect, administer, and any other act that is necessary for the zoning administrator to make a decision.

(Ord. No. 2016.07, § 2, 3-29-16)

The following signs do not require a permit but remain subject to the conditions and limitations set forth herein:

(Ord. No. 2016.07, § 2, 3-29-16; Ord. No. 2020-19, § 2, 10-27-20; Ord. No. 2023-08, § 2, 9-26-23)

It is recognized by the city that not all sign types can be identified within the scope of this chapter. Therefore, the city's zoning administrator has the authority to make a "similar sign determination." The zoning administrator shall evaluate the physical characteristics, location, and other relevant factors in determining which sign type defined in this chapter is most similar. Based on that determination, this sign type shall always be included in the comparable sign category.

(Ord. No. 2016.07, § 2, 3-29-16)

The goal is to eliminate nonconforming signs, except as otherwise specifically set forth in this section. Any lawfully erected sign, which is made unlawful by this chapter, may continue exactly as the sign existed at the time when the sign became unlawful under the provisions of this chapter.

(Ord. No. 2016.07, § 2, 3-29-16)

Unless otherwise permitted by this chapter, it shall be unlawful for any person to erect, structurally alter, restore, or relocate any of the following signs:

(a)

A sign which copies or imitates or in any way approximates an official highway sign or any word phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic; any sign which obscures a sign displayed by a public authority for the purpose of giving traffic instruction or direction or other public information; or any sign that is erected in such a manner as to interfere with, obstruct the view of, or be confused with an authorized traffic sign, signal or device.

(b)

Any sign that has been unlawfully erected, structurally altered, or relocated in violation of any of the provisions of this chapter or of any other chapter of the City Code shall be prohibited and removed in accordance with the provisions of section 28-130.

(c)

A sign which displays flashing or intermittent lights or lights of changing degrees of intensity, or a sign that moves either by mechanical means or reaction to air currents, other than as noted in this chapter.

(d)

A sign that obstructs any window or door opening used as a means of egress or a sign that interferes with an opening required for legal ventilation.

(e)

A sign or illumination that causes any direct glare into or upon any building other than the building to which the sign is accessory.

(f)

Off-premises signs and billboards, except as otherwise specified in this chapter.

(g)

Swinging signs, except in the C-3 District.

(h)

Abandoned signs (see section 28-5).

(1)

Any text or images displayed upon the face(s) of an abandoned sign must be removed or replaced with blank faces.

(2)

Abandoned nonconforming signs, including the structure, shall be removed immediately.

(3)

The zoning administrator shall require the removal of other abandoned signs which have fallen into disrepair.

(i)

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

(j)

Signs which emit audible sound.

(k)

Exterior string lights including rope lights, fiber optics or other similar types of lights intended to draw attention to a sign.

(l)

Non-regulatory signs (e.g., posters, notices, advertisements, etc.) placed in any public right-of-way, attached to a utility pole, meter posts or affixed to a tree in or along any street right-of-way within the city.

(m)

Portable signs, as defined, unless otherwise provided for in this chapter.

(n)

Signs affixed to a parked vehicle or truck trailer which is being used principally for advertising purposes and parked in a location that is selected for that purpose (e.g., a vehicle parked close to a street in a large commercial parking lot, etc.).

(o)

Banners, balloons, pennants, festoons, spinners, or streamers, unless specifically permitted in this chapter.

(p)

Inflatables.

(q)

Roof signs.

(r)

Shingled roof signs.

(s)

Any sign which:

(1)

Is structurally unsafe;

(2)

Is constructed of a material that is determined by the permit issuing authority to be temporary in nature or a weak material such as oriented strand board (OSB), tarp, canvas, large balloon, banner, or plastic;

(3)

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

(4)

Constitutes a hazard to safety or health by reason of blocking views;

(5)

Is capable of causing electric shock to a person who comes in contact with it;

(6)

Is located in public street or utility right-of-way, except where expressly permitted herein; or

(7)

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

(8)

Is attached to a tree or other vegetation.

(Ord. No. 2016.07, § 2, 3-29-16)

(a)

Signs shall be designed to be compatible with the building materials and landscaping used on the property to promote an overall unified and aesthetic effect in accordance with the standards set forth herein.

(b)

Signs shall not be constructed from materials that are remnants or manufactured for a different purpose.

(c)

All monument signs shall have a combination of low shrubbery and annual plantings at the base.

(d)

The maximum distance between parallel sign faces on a double-faced sign shall be twenty (20) inches, excluding billboards.

(e)

Every sign shall be constructed and maintained in a manner consistent with Michigan 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 parts and supports. All lighting shall be functional.

(Ord. No. 2016.07, § 2, 3-29-16)

In no case shall the sign violate the provisions of section 28-126, visibility at intersections.

(Ord. No. 2016.07, § 2, 3-29-16)