A.

The intent of this Section is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. It is recognized that signs and outdoor advertising promote commerce and provide public information, and that a failure to regulate them may lead to a number of issues. It is the intent of these regulations to:

1.

Prevent the placement of signs in a manner that will conceal or obscure other signs, adjacent businesses, or clear vision areas;

2.

Ensure that constitutionally guaranteed right of free speech is protected and to allow signs as a means of communication;

3.

Provide reasonably scaled signs and sign messages at a number necessary to identify a business and eliminate signs and sign structures on unused commercial properties;

4.

Reduce visual distractions and obstructions to motorists traveling along, entering, or leaving streets;

5.

Prevent the intrusion of commercial messages into non-commercial areas;

6.

Promote a quality manner of display which enhances the character of the Village and avoid light trespass, glare, and skyglow;

7.

Prevent the proliferation of temporary signs which might promote visual blight; and

8.

Advance economic development by allowing a fair opportunity for each property owner to attractively display their message cleanly and clearly.

A.

All signs shall conform to all applicable codes and ordinances of the Village and, where required, shall be approved by the Village Manager or designee and have a permit issued.

B.

Condition and Maintenance. All signs and sign structures shall be properly maintained and kept in a good state of repair.

1.

Signs shall be maintained free of peeling paint or paper, staining, rust, or other condition that impairs legibility or intelligibility.

2.

Sign supports, braces, guys, and anchors shall be maintained in such a manner as not to cause a hazard.

3.

If signs are not properly maintained and/or pose a threat to the public health, safety, and welfare, the Village shall have the right to remove the sign. Accordingly, the Village shall pass on all removal costs to the sign owner.

C.

Setback. Signs shall be setback a minimum of two (2) feet from the property line where a sidewalk is present adjacent to the parcel. Where there is no sidewalk, signs shall be setback a minimum of fifteen (15) feet from the curb/road edge.

D.

Clearance. There shall be a minimum of eight (8) feet of clearance between the bottom of any sign and the sidewalk or other public way.

E.

Right-of-Way. Signs established and maintained by the Village, county, state, or federal governments shall be permitted in the right-of-way. Awning, canopy, marquee, and A-frame signs are allowed with permit approval by the agency managing the right-of-way in appropriate zone districts. Signs in the right-of-way shall be insured by the sign owner.

F.

Clear Vision Area. No sign above three (3) feet shall be placed in any required clear vision area.

G.

Vacant Parcels. Except for real estate purposes, signs cannot be on a vacant parcel without a principal use.

H.

Utility Separation. A minimum of ten (10) foot horizontal separation shall be maintained between any sign and any overhead utility. The nearest part of any sign, including support structures shall be at least four (4) feet from any electrical conductor, electric light pole, road lamp, traffic light, or other public utility pole or standard.

I.

Illumination. Internal and external illumination of signs shall be permitted for all signs except where expressly limited or prohibited.

1.

Unless further regulated elsewhere in the ordinance, sign illumination shall be opaque background with internally lit lettering, facelit channel lettering, backlit lettering or externally lit.

2.

All illumination shall be concentrated on the area of the sign or landscape feature and directed or shielded so as to not interfere with the vision of persons on the adjacent streets or adjacent property.

3.

Illumination shall not be distracting, including but not limited to: flashing, blinking, intermittent, an on-and-off type of lighting or light levels exceeding eight hundred (800) lumens.

4.

No sign shall include reflective materials, individual bulbs, or exposed light sources.

5.

Electronic or digital signs shall:

a.

Have maximum brightness levels that do not exceed five thousand (5,000) nits when measured from the sign face at its maximum brightness during daylight hours, and five hundred (500) nits when measured from the sign face at its maximum brightness between dusk and dawn.

b.

Reduce light levels by fifty percent (50%) between the hours of 9:00 PM and 6:00 AM where located within two hundred fifty (250) feet from a residential use.

c.

Install ambient light monitors which automatically adjust the brightness level of the electronic sign based on ambient light conditions.

A.

Address Signs. Address signs bearing only the property numbers, post box numbers, name of occupants, or other identification of the premises, limited to one (1) per building entrance and two (2) square feet of area.

B.

Directional Signs. Directional signs that do not exceed four (4) square feet in area and do not exceed more than five (5) signs per parcel. The maximum sign height shall be six (6) feet.

C.

Flag Signs. Flag signs that do not exceed forty (40) square feet in residential districts and the Central Business District (CBD) or eighty (80) feet in non-residential districts are allowed. Where affixed to a pole, the pole shall not exceed twenty-five (25) feet in height. Up to three (3) flag signs are permitted per parcel, provided that in no case shall the total area of all flags exceed the area allowed.

D.

Government Signs. Signs erected on behalf or under the authorization of a government body, including street signs, legal notices, informational signs, community events, wayfinding, parking signs, and regulatory signs.

E.

Historical Signs. Historical signs designated by the state or federal government, limited to ten (10) square feet per parcel.

F.

T/T. Time and temperature information shall be permitted provided that the message shall be displayed not more than every five (5) seconds and sign size shall not exceed six (6) square feet. This square footage shall not count against allowable sign sizes.

G.

Holidays. Holiday lights and decorations with no commercial message or special event signs; of limited duration.

H.

Incidental Signs. Incidental signs that do not exceed six (6) square feet in residential districts, sixteen (16) square feet in mixed-used commercial districts, and twenty-four (24) square feet in the industrial district.

I.

Murals. Murals with no commercial message.

J.

Window Signs. Window signs that do not exceed twenty-five percent (25%) of the window area of each window in mixed-use commercial and industrial districts. They must be located to allow for clear visibility into the building and visibility of the checkout area if the use is retail in nature.

K.

Any sign not visible from a public right-of-way.

L.

Temporary Yard Signs. A lot or parcel shall be limited to one (1) sign per street frontage. Signs shall not exceed six (6) square feet in area on residential property and twelve (12) square feet in area on non-residential property, nor shall they exceed five (5) feet in height.

M.

Extra temporary yard signs are permitted during a time period of thirty (30) days prior to an election date to seven (7) days after the election date, and during times of emergency to allow businesses the ability to adequately advertise business practices.

N.

Sandwich Board (A-Frame) Signs. Sandwich board signs are permitted in the Central Business District and must meet the following standards:

1.

One (1) non-illuminated sandwich board sign shall be permitted per business in a building. The sign must be professionally constructed of weather-proof, durable material, and kept in good repair.

2.

Signs may be placed on sidewalks with a minimum of ten (10) feet in width.

3.

Sandwich board signs shall not exceed twelve (12) square feet in area per side, not be taller than four (4) feet in height, or wider than three (3) feet across.

4.

The placement of sandwich board signs shall not affect accessibility and safety. Signs shall not obstruct doorways, crosswalks, or interfere with pedestrian movement on a public sidewalk. At least five (5) feet of clear area for pedestrians shall be provided at all times. A sign must be placed at least three (3) feet from back of curb.

5.

Sandwich board signs shall not be moored or anchored to any object, but shall be designed or weighted to prevent instability or movement by wind or other natural forces.

6.

Sandwich board signs shall be permitted only during operating business hours or from the hours of 8:00 a.m. to 10:00 a.m., whichever is less, and must be stored inside when the establishment is not open to the general public.

A.

Business, civic, nonprofit, and religious organizations may erect temporary signs announcing special events or promotions after completing a sign permit application for temporary signs. The application shall contain the following information:

1.

Name of the business or organization sponsoring the promotion or event;

2.

Name, date, and duration of the promotion or event;

3.

The type, number, and square footage of temporary signs that will be erected;

4.

The date the signs will be erected and removed; and

5.

The name of the person completing the application.

B.

Signs shall not exceed twenty-four (24) square feet and shall not be permitted in any public right-of-way.

C.

Temporary signs may be erected up to thirty (30) days before the promotion or event and must be removed within seventy-two (72) hours afterward. Each business or organization may be permitted a total of four (4) occurrences within a calendar year.

D.

The Village Manager or designee shall have the authority to approve temporary sign permit applications.

A.

The following signs are permitted in combination (unless otherwise noted) in each district, subject to the requirements described in the tables and all other applicable regulations of the Article. Receipt of a permit from the Village is required prior to the installation of any of the signs provided for in this Section.

The following signs are prohibited in the Village:

A.

Signs encroaching in rights-of-way without road agency approval.

B.

Any simulation or imitation in size, color, lettering, or design of any traffic sign or signal or other word, phrase, symbol, or character in such manner as to interfere with, mislead, confuse or create a visual impediment or safety hazard to pedestrians or vehicular traffic.

C.

Signs incorporating any manner of flashing, strobe, or moving lights, with the exception of approved electronic message signs, and animated signs.

D.

Signs on park-type benches, trees, fences, utility poles, light poles.

E.

Inflatable signs, feather flags, and air dancer signs.

F.

Roof signs.

G.

Pole- or pylon-mounted signs, including billboards.

H.

Portable and vehicle signs parked primarily for the purpose of attracting attention to the message contained within.

I.

Any sign unlawfully installed, erected or maintained or signs that are out of compliance with applicable building and electrical codes.

J.

Signs that completely block the view of other signs.

K.

Any additional signage for a business that has an existing nonconforming sign.

A.

Every permanent sign that was erected legally and which lawfully exists at the time of the enactment of this Chapter, but which does not conform to the height, size, area, or location requirements of this Chapter as of the date of the adoption of these regulations, is hereby deemed to be nonconforming. This status shall not be granted to any temporary sign, banner, placard, or other non-permanent sign.

B.

Nonconforming signs may not be altered, expanded, enlarged, or extended; however, nonconforming signs may be maintained and repaired so as to continue the useful life of the sign.

C.

Any nonconforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt if reconstruction will constitute more than fifty percent (50%) of the value of the sign on the date of loss.

D.

Any sign which for a period of six (6) months or more no longer advertises a bona fide business conducted or product sold shall be removed by the owner of the building, structure, or property upon which such sign is located, within thirty (30) days of receipt of written notice by the Village Manager or Designee.

E.

A sign for a nonconforming use may be erected in the Village in accordance with the sign regulations for the District in which the property is located.

F.

Administrative Departure. An Administrative Departure may be granted for the replacement of a nonconforming sign with a new sign frame or structure that is a minimum of twenty-five percent (25%) smaller in area or dimensions than the nonconforming sign to be replaced, based on the sign requirements of the Zone District in which the sign is placed.

A.

Surface Area.

1.

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 or 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 structure necessary to support the sign.

2.

Only one (1) face of a double-sided sign will be used to determine the area of the sign. The faces shall be back-to-back and no more than two (2) feet part at any point. Sign faces shall be counted separately if they are not the same size or have more separation.

3.

For buildings with multiple tenants, the sign areas for wall signs, projecting signs and awning signs shall be determined by taking that portion of the front wall of the building applicable to each tenant and computing sign requirements for that portion of the total wall.

B.

Height.

1.

Sign height shall be measured as the distance from the highest portion of the sign to the finished grade of the ground immediately beneath the sign, excluding any artificially constructed earthen berms.

2.

Clearance for projecting, awning, and canopy/marquee signs shall be measured as the smallest vertical distance between the finished grade and the lowest point of the sign, including any framework or other structural elements.

3.

A sign shall not extend above the roof line of a building to which it is attached.

4.

The permitted maximum height for all signs is determined by the sign type and the zoning district or use in which the sign is located.

5.

Projecting, canopy, awning, or other signs that are located at or above the first level of a building must be a minimum of eight (8) feet above the grade or sidewalk.

A.

Permit. Before the erection or structural alteration of a sign, a zoning permit shall be secured from the Village Manager or designee. It is unlawful for any person to construct, erect, re- erect, move, alter, enlarge, or illuminate any sign unless a permit is first obtained from the Village of Lawton or it is a sign type identified in Section 13.03 that does not require a permit. Any sign that requires the use of electricity in the Village requires a permit regardless of size.

B.

Maintenance and Repairs. A permit is not required for the maintenance and repair of a sign, including painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring and electrical devices provided the size, structure, or cabinet are not changed or removed. Section 13.07 on nonconforming signs shall be referred to as needed.

C.

Reface. A sign permit is not required to be issued if the sign is refaced in a manner that maintains the display on the sign as approved by the original permit. However, a sign permit application is required for the Village's records.

D.

Permit Application. Applications for sign permits shall be completed on a form supplied by the Village for this purpose and shall contain the following information:

1.

Contact Information. Name, address, and phone number of the applicant.

2.

Sign Inventory. Photographs, and descriptions of the type and dimensions, square footage, materials and copy of all other existing signs on the site, keyed to the site plan by a number or letter.

3.

Proposed Signs. A graphic representation of all proposed signs, including dimensions, square footage, dimensions of letters and figures, materials, copy, and illumination or movement characteristics, if any, keyed to the site plan by a number or letter.

4.

Site Plan. In addition to the sign information, a site plan shall be provided that identifies the locations of all existing and proposed signs, buildings, property lines, access points, and rights-of-way, existing or proposed.

5.

Specifications. Information on the method of construction and attachment to the building or ground. The sign plans shall include all pertinent data including the highest point, low point clearance, face outline, and total face area with the method of calculation. If the sign is electronic, then light levels and operational characteristics should be provided.

6.

Name and address of sign erector.

E.

Review. The Village Manager or designee shall determine whether the proposed sign/s is/are in compliance with this Article and whether the purposes and objectives of this Article have been met. The determination will be based on a review of site plans, landscaping, clear vision areas, parking locations, drives, setbacks, relationship of proposed location to immediate or surrounding areas for proper sign placement, and other applicable requirements of this Ordinance.

F.

Approval. The Village Manager or designee, may approve, conditionally approve subject to modifications, or disapprove any application for a sign permit.

G.

Duration of Approval. The approved permit shall expire and become null and void if work is not commenced within one hundred eighty (180) days from the date of issuance. After this period, the Village shall consider the application withdrawn and may destroy any application and plans regarding the application. Upon written request before the date of expiration, the Village Manager or designee may grant one (1) extension of up to one hundred eighty (180) days if the applicant can demonstrate that the reasons for the extension were beyond their immediate control.

A.

Enforcement. The Village may use any lawful remedy or enforcement powers against the owner or responsible person for any violation of this Article, as described in Article 14 Administration and Enforcement.

B.

Fees. Fees shall be charged for the following services:

1.

Sign Permit Fees. Before issuance of any required sign permit, the Village shall collect an application fee in accordance with a fee schedule adopted by resolution of the Village Council.

2.

Second and Additional Inspections. An additional inspection fee shall be charged if more than one (1) inspection is needed or requested to determine compliance with this Article. Second and additional inspections include but are not limited to: Court requested, Attorney requested, progress inspection, inspection at the request of the owner or responsible person, or any inspection in addition to the first inspection. The sign permit fee includes the cost of the first inspection and additional fees as permitted by this Section may be collected for second and additional inspections.

3.

Work Without a Permit. Any work started without a permit, or any work beyond the authorized scope of a sign permit constitutes a violation and is grounds for the designated enforcement staff to issue a notice of violation (NOV), a cease and desist order, or other enforcement actions until appropriate permits are obtained. Any permit that would be required based on the work conducted shall subject the owner or responsible person to a doubling of the normal permit fee. However, this action will not exempt any person from compliance with all other provisions of this Section nor from any penalty prescribed by law.

4.

Sign Permit and Inspection Fee Schedule. The following sign permits and inspection services are hereby authorized, and fees established by resolution of the Village Commission:

a.

Sign Permit;

b.

Sign Permit - Work Started without a Permit;

c.

Temporary Sign Permit.

5.

Responsible Person. The owner or responsible person shall be responsible for the payment of fees associated with sign permits, inspection services and code enforcement actions related to bringing a sign(s) into compliance with this Article.

C.

Declaration of Nuisance. Any sign installed, altered or maintained in violation of any provision of this Article constitutes a public nuisance per se and is subject to abatement.

D.

Confiscated Signs. Any cost incurred by the Village for the removal, alteration or relocation of a sign pursuant to the provisions of this Article shall be paid prior to the issuance or renewal of any permit for that property. Signs removed by Village personnel shall be held for ten (10) days. An owner or responsible person may claim the sign within ten (10) days of removal, provided that any costs associated with the sign removal have been paid to the Village. After ten (10) days, the Village shall be permitted to destroy the sign.

E.

Appeals. The ZBA may hear an administrative appeal taken from any person or any governmental official affected or aggrieved by any order, requirement, decision, or determination, as permitted by this Chapter.

ABANDONED SIGN: A permanent sign which was erected on a property in conjunction with a particular use which has been discontinued for a period of one hundred eighty (180) days or longer or a sign the content of which pertains to a time, event or purpose which no longer applies.

ADDRESS SIGN: A sign depicting the street number of the property on which it is located.

ANIMATED SIGN: A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable or electronic message signs as defined and regulated by this code, may include spinners, pinwheels, pennant strings, feather flags, those with a repetitive motion or cycle, flashing lights, and/or other devices or displays that respond to wind, solar, electric motors, or other means.

AWNING: A retractable or fixed shelter constructed on a supporting framework that projects from the exterior wall of a building.

BALLOON SIGN: A type of portable sign filled with air or gas.

BANNER: A fabric, plastic, or other sign made of non-rigid material without an enclosing structural framework.

BENCH: A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

BILLBOARD: A permanent outdoor sign advertising services or products, activities, persons, or events not available on a site or parcel on which the billboard is located.

BUSINESS CENTER: A multi-tenant location with two (2) or more businesses which:

1.

Are located on a single parcel of property; or

2.

Are connected by common walls, partitions, canopies, or other structural members to form a continuous building or group of buildings; or

3.

Share a common parking area; or

4.

Otherwise present the appearance of a single, contiguous business area.

CHANGEABLE COPY SIGN: A permanent sign, electrical or non-electrical, on which the copy changes automatically or is designed to allow the copy to be changed manually while the surface of the sign remains unchanged, such as electronic time and temperature units or reader boards with changeable letters. A sign on which the copy changes more than once per minute shall be considered an animated sign.

CONSTRUCTION SIGN: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, that may contain project information.

DIRECTIONAL SIGN: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."

ELECTRONIC MESSAGE BOARD: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

FEATHER (OR FLUTTER) SIGN: Any sign that is comprised of material that is suspended or attached in such a manner to a pole or stake as to attract attention by waving, moving or fluttering from natural wind currents.

FLAG SIGN: A permanent or temporary sign made of a rectangular piece of fabric of distinctive design used as a symbol or signaling device that includes the official insignia or flag of the United States of America, the State of Michigan, or that of any religious, institutional, or business establishment.

FREESTANDING SIGN: A permanent sign attached to or supported by a post(s), pole(s), base or the like, and not attached to a building. Freestanding signs include pylon and ground signs.

GOVERNMENT SIGN: A temporary or permanent sign erected by the Village of Lawton, Van Buren County, the State of Michigan, or federal government either on public land or within the right-of-way.

GROUND SIGN: Any sign, other than a pole sign, in which the entire bottom is in contact with or close to the ground and is independent of any other structure and which is up to six (6) feet in height.

HISTORICAL MARKER: A sign, monument, or marker designating a location or structure of historical significance, on a site approved by the Village, state, or federal government is exempt from regulation by this Ordinance.

INCIDENTAL SIGN: A temporary or permanent on-premises sign that is intended to provide information or direction for the convenience and necessity of the public not exceeding two (2) square feet and whose purpose is secondary to the use of the lot on which it is located. Such signs include but are not limited to open/closed signs, hours of operation, warning or caution signs, no trespassing signs, dangerous animal signs, and similar signs.

MAINTENANCE: The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

MARQUEE SIGN: A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance.

MEMORIAL: A non-illuminated sign, tablet, or plaque commemorating a person, event, structure, or site.

MURAL: A design or representation painted or drawn on a wall which does not advertise an establishment, product, service, or activity.

ON-PREMISES SIGN: A temporary or permanent sign which pertains to the use of the premises on which it is located.

PERMANENT SIGN: Any sign of durable material permanently anchored or secured to a building, accessory structure, or the ground.

POLE/PYLON SIGN: A sign supported by one (1) or more poles, posts, braces, or pylons located in or upon the ground and not attached to a building.

PORTABLE SIGN: A sign that is not permanent, affixed to a building, structure, or the ground, such as an A-frame sign.

PROJECTING SIGN: A permanent sign that is wholly of partly dependent upon a building for support and that projects more than twelve (12) inches from such building.

READER BOARD: A portion of a sign on which copy is changed manually.

ROOF SIGN: A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

SIGN: Any surface, device, letter, word, model, balloon, pennant, insignia, emblem, logo, icon, painting, placard, poster, flag or representation, object, device, display, or part thereof, which is visible from a public place, including, but not limited to highways, streets, alleys, or publicly-owned property, or is located on private property and exposed to the public, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, person, activity, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

SIGN AREA: The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure.

SNIPE SIGN: An off-premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects.

SPECIAL EVENT: A temporary sign containing public messages concerning special events sponsored by governmental agencies or non-profit organizations.

SUSPENDED: A sign hanging down from a marquee, awning, or porch that would exist without the sign.

TEMPORARY SIGN: A sign erected for ninety (90) days or less for a specific purpose or event, which is not intended to be permanent, and is not otherwise defined in this Article.

WALL SIGN: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than twelve (12) inches from such building or structure, and the exposed face of which shall be on a plane parallel to the building wall to which it is attached.

WINDOW SIGN: A temporary or permanent sign attached to, or in close proximity to, the window surface so as to be clearly and comprehensively visible from the outside. Window signs include, but are not limited to, decals, static clings, posters, paint directly applied to the window pane, or other methods.

YARD SIGN: A sign of impermanent construction manually placed in a yard and typically intended to announce or advertise an infrequent event such as, but not limited to, a garage sale; or to support a political candidate or political position; or the sale or rental of real property.