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Manchester City Zoning Code

SIGNS

§ 151.145 INTENT AND PURPOSE.

   (A)   The intent of §§ 151.145 et seq. 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. While this chapter recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the city, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists.
   (B)   To achieve its intended purpose, §§ 151.145 et seq. has the following objectives:
      (1)   To prevent the placement of signs in a manner that will conceal or obscure signs, adjacent businesses, or property identification for emergency personnel; locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes.
      (2)   To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products; The important governmental interests and regulations contained in this section are not intended to target the content of messages to be displayed on signs, but instead seek to achieve non-speech objectives. In no respect do the regulations of signage prohibit a property owner or occupant from an effective means of conveying the desired message. Nothing in this section is intended to prohibit the right to convey and receive messages, specifically noncommercial messages such as religious, political, economic, social, philosophical or other types of speech protected by the First Amendment of the United States Constitution.
      (3)   Maintaining the unique character of the city. Acknowledge the unique character of certain areas and districts, and establish special time, place and manner regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts.
      (4)   To reduce visual distraction and obstructions to motorists traveling along, entering, or leaving streets; maintaining pedestrian and vehicular safety are predominant and compelling government interests throughout the city, with particular emphasis on the safety of pedestrians. The sidewalk network provides facilities for pedestrians situated between vehicular roads and private properties throughout the city. The city encourages signage that will inform motorists and pedestrians of their desired destinations without conflicting with other structures and improvements. These interests are legitimately supported by limiting the maximum size of signage, providing setbacks, and specifying minimum-sized characters for efficient perception by motorists and pedestrians, while minimizing distractions that could put pedestrians at risk.
      (5)   To promote a quality manner of display which enhances the character and quality of life of the city. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the city. This section intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the city’s character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities and unique experience within the city.
      (6)   To prevent the proliferation of signs which might promote visual blight, reduce safety, eliminate the potential for any adverse effects on the neighboring properties. This section is also intended to protect public safety by requiring signs that are poorly maintained and/or structurally unsafe to be repaired or removed to protect against fallen signs or deteriorating sign debris from entering improved roadways, sidewalks and safety paths and causing dangerous conditions for vehicular traffic and pedestrians. Due to the concentration of people and activities, there is a potential for, blight, physical clutter, and visual clutter in the city. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character and quality of life in the city. Ultimately, these regulations are compelling and important for the protection of public health, safety, and welfare.
      (7)   To strengthen economic development and property values. The establishment of the restrictions in this section has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this section allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement.
   (C)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONED SIGN. A sign that has ceased to be used, and the owner intends no longer to have used it for the display of sign copy, or any sign not repaired or maintained properly, after notice pursuant to the terms of this section.
      BILLBOARD. Meaning any free-standing sign on a parcel of land which does not include another principal structure. Such sign shall be established as a principal use.
      CANDELA PER METER SQUARED. A unit of measure of the intensity of light radiating from a surface equal to one candela per square meter of surface.
      CANOPY, AWNING OR MARQUEE SIGN. Any sign attached to or constructed within or on a canopy, awning or marquee.
      ELECTRONIC MESSAGE SIGN/LED. A sign with a fixed or changing message composed of a series of lights or light-emitting diodes (LED) that may be changed through electronic means.
      FLAG. A sign consisting of a piece of cloth, fabric or other non-rigid material.
      FOOT CANDLE. A unit of measure of the intensity of light falling on a surface equal to 1 foot from a given surface.
      FREESTANDING OR GROUND SIGN. A sign supported from the ground by one or more poles, posts, or similar uprights, with or without braces.
      HEIGHT OF SIGN. The vertical distance to the top edge of the copy area or structure, whichever is higher, as measured from the adjacent street grade.
      SHOPPING CENTER. A group of 2 or more stores, offices, research, or manufacturing facilities which collectively have a name different from the name of any of the individual establishments and which have common off-street parking and entrance facilities.
      SIGN. Any structure or part thereof, or device attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, code mark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation, of any person, firm, organization, place, commodity, service, business, profession, or industry, which is located upon any land or in any building, in such manner as to attract attention from outside the premises. Placards not exceeding 1 square foot in area bearing only property numbers, post box numbers or names of occupants of premises shall not be considered signs.
      TEMPORARY SIGN. A sign that is intended to be displayed for a limited period of time.
      WALL SIGN. A sign attached to or erected against the wall of a building with the face in a plane parallel to the plane of the building wall.
      WINDOW SIGN. A sign installed on or in a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.
(Ord. 239, passed 3-5-2001, § 8.1; Am. Ord. 289, passed 6-2-2014; Am. Ord. 6, passed 9-16-2024)

§ 151.146 GENERAL CONDITIONS.

   (A)   Location. All signs must advertise a business or service on the premises upon which the sign is located and to which the sign is accessory, unless otherwise specified herein.
   (B)   Illumination.
      (1)   No sign shall be illuminated by other than electrical means.
      (2)   The light from illuminated signs shall be directed and shielded in a manner that will not interfere with vehicular traffic or the enjoyment and use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candle along the adjacent property line. All externally illuminated signs shall have a shielded light fixture.
      (3)   No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing, except that movement showing the date, the time and the temperature exclusively may be permitted.
      (4)   Internal illumination shall be permitted under the following circumstances:
         (a)   Individual back-lit letters which are silhouetted against softly illuminated walls;
         (b)   Individual letters with translucent faces, containing soft lighting elements inside each letter; and
         (c)   Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes.
      (5)   Only indirectly illuminated signs shall be allowed in any residential district.
      (6)   Internally-illuminated plastic signs with dark-colored detachable letters shall be strictly prohibited in all districts.
      (7)   Gas-filled light types (fluorescent) shall be allowed for indirect illumination and when placed in such a manner that the tubes are not exposed to view from any point along the roadway or sidewalk.
      (8)   Rear-illuminated (backlit) awnings are prohibited.
      (9)   Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window.
   (C)   Safety.
      (1)   All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the city. In the event of conflict between this chapter and other laws, the most restrictive shall govern.
      (2)   All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or pedestrian movement on any public sidewalk.
      (3)   No sign shall be erected, relocated, or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape.
   (D)   Landscape quality and preservation. In the application of this chapter, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
      (1)   Do not interfere with scenic views;
      (2)   Do not create a nuisance to persons using the public right-of-way;
      (3)   Do not constitute a nuisance to occupancy of adjacent and continuous property by their brightness, size, height, or movement;
      (4)   Are not detrimental to land or property values; and
      (5)   Contribute to the special character of particular areas or districts in the city.
   (E)   Signs prohibited in all districts.
      (1)   Roof signs;
      (2)   Signs containing flashing, intermittent or moving lights, moving or revolving parts, or reflecting parts which may distract drivers. This provision is not intended to exclude those signs which give the time or temperature, provided no other animated messages are displayed;
      (3)   Signs affixed to trees, rocks, shrubs, or similar natural features, except signs denoting a site of historic significance;
      (4)   Signs which imitate traffic signals, traffic direction signs, or similar traffic-control devices, and signs which make use of words such as “stop,” “look,” “danger,” or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic;
      (5)   Temporary signs mounted upon trucks, vans, or other wheeled devices. Signs permanently painted on, or otherwise permanently displayed upon, a vehicle licensed and operating on the public streets and highways, identifying the owner's occupation or livelihood, shall be permitted;
      (6)   Signs other than those erected by a public agency which are located within or overhang the public right-of-way or on public property, unless otherwise specified herein;
      (7)   Any sign or sign structure which constitutes a hazard to public health and safety due to inadequate maintenance; and
      (8)   Any sign unlawfully installed, erected, or maintained.
   (F)   Signs permitted in all districts.
      (1)   Nameplates not exceeding 2 square feet in size;
      (2)   Directional signs which indicate the direction of traffic flow on private property and which do not contain any advertising copy or logo. Horizontal directional signs, on and flush with paved areas may exceed 4 square feet. A directional sign shall be located on the property to which it is directing traffic and shall be located on the lot or parcel behind the road right-of-way line. Directional signs shall not exceed 2 square feet in size and may be illuminated; and
      (3)   Street numbers.
   (G)   Measurement of sign area. The area of a sign shall be computed as including the entire area within a regular geometric form or combination of such forms comprising all the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing copy or display material shall not be included in computation of sign area. Where a sign has 2 or more faces, the area of all faces shall be included in determining the area of the sign, except that where 2 such faces are placed back to back, parallel to one another, and less than 24 inches apart, the area of the sign shall be the area of one face.
(Ord. 239, passed 3-5-2001, § 8.2; Am. Ord. 289, passed 6-2-2014; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.147 PERMITTED FREESTANDING SIGNS.

   (A)   General requirements.
      (1)   One freestanding sign shall be permitted per premises which has frontage on only 1 public road.
      (2)   Two freestanding signs shall be permitted per premises which has frontage on 2 public roads. One sign shall not exceed the area requirements set forth herein. The second sign shall not exceed 50% of the area requirements set forth herein. Maximum sign area is provided in Table A below.
      (3)   A freestanding sign shall have a setback of 10 feet from a public road right-of-way and a setback distance equal to the height of the sign from all other property boundaries.
      (4)   Within all residential zoning districts, only 1 ground sign shall be permitted per zoning lot for the purpose of identifying a non-residential special land use. Size and location shall be determined during site plan review.
      (5)   All internally illuminated free-standing signs shall have a background darker than the lettering. If a free-standing sign has an opaque background and only the letters are illuminated, it may have a non-illuminated light background.
   (B)   Specific requirements. Freestanding signs shall be permitted by district in accordance with the following requirements.
   Table A - Maximum Sign Dimensions for Freestanding Signs
District
Height Limit
Square Foot Limit (per side)
Setback
District
Height Limit
Square Foot Limit (per side)
Setback
CBD
6 feet
25 square feet
10 feet
C-2
8 feet
25 square feet
10 feet
OS
6 feet
20 square feet
10 feet
I-1
6 feet
30 square feet
10 feet
I-2
10 feet
40 square feet
10 feet
R1-3
6 feet
20 square feet
10 feet
MHP
6 feet
20 square feet
10 feet
 
(Ord. 239, passed 3-5-2001, § 8.3; Am. Ord. 289, passed 6-2-2014; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.148 PERMITTED WALL SIGNS.

   (A)   Generally. The following wall signs shall be permitted in the following districts in accordance with the regulations herein.
   (B)   General requirements.
      (1)   No wall sign shall be erected to extend above the top of the wall to which it is attached, nor extend beyond the ends of the wall to which it is attached. Signs erected on the vertical portion of the mansard roof are considered to be wall signs.
      (2)   All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts, or expansion screws. In no case shall any wall sign be secured with wire, straps of wood, or nails.
         (a)   There shall be no more than 1 wall sign permitted for each building.
         (b)   Buildings which have frontages on 2 public rights-of-way are permitted a wall sign on both building frontages, provided total square foot area requirements set forth in division (C) below are not exceeded.
      (3)   For buildings with distinct and separate uses, separate wall signs shall be permitted for each use. However, the total allowable square footage shall not exceed the maximum allowable square footage specified for each district.
   (C)   Specific requirements. Wall signs shall be permitted by the district in accordance with the following requirements.
 
District
Height
Area
CBD and C-2 Districts; all permitted and special uses
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 100 square feet
OS District
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
I-1 and I-2 Districts; all permitted and special uses
4 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
R-1A, R-1B, R-2, and R-3 Districts; all nonresidential permitted and special uses such as schools, churches, parks, and municipal buildings
2 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 20 square feet
R-1A, R-1B, R-2, and R-3 Districts; identification signs for all residential developments
2 feet
1 square foot for each lineal foot of building frontage not to exceed a total of 20 square feet
 
(Ord. 239, passed 3-5-2001, § 8.4; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.149 PERMITTED PROJECTING SIGNS.

   (A)   Projecting and suspended signs shall be permitted in CBD Central Business Districts.
   (B)   The surface area of the projecting or suspended sign shall not exceed 20 square feet on each side or a total of 40 square feet. The total square feet of signage (both sides) shall be subtracted from the total allowable wall signage square footage for the district.
   (C)   The bottom of the projecting or suspended sign shall be a minimum of 8 feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic.
(Ord. 239, passed 3-5-2001, § 8.5; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.150 PERMITTED TEMPORARY SIGNS.

   (A)   Generally. The following temporary signs shall be permitted in accordance with the regulations herein.
   (B)   Un-illuminated on-site temporary exterior signs may be erected in accordance with the regulations of this section, except that no permit shall be required.
   (C)   In all districts, all types of temporary signs shall comply with the following:
      (1)   Temporary signs not be attached to any utility pole or be located within any public right-of-way.
      (2)   Temporary signs shall not be located closer than 10 feet from the edge of the traveled portion of the roadway, nor shall they be located within any dedicated right-of-way.
      (3)   Temporary signs shall not be erected in such a manner than they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic, or to create a hazard of any kind.
      (4)   No temporary sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed.
   (D)   Standards for all temporary signs.
      (1)   Temporary signs shall be constructed of durable, all-weather materials and designed to remain in place and in good repair so long as they remain on display.
      (2)   In recognition that there is a need for additional expression of speech prior to a scheduled election, the following applies for a period of 60 days prior to and 3 days after a legislation-designated election day on which there is at least one ballot item: the maximum allowable area of temporary signs shall be increased to 36 square feet per premise in all districts. The maximum area of an individual sign remains as stated in the table above during this period.
      (3)   When all or a portion of a building or land area is listed for lease, the maximum display time of freestanding temporary signs and temporary signs mounted on buildings shall be 90 days. When all or a portion of a building or land area is listed for sale, the maximum display time of freestanding temporary signs for all uses and temporary signs mounted on buildings for all uses except residential uses shall be the duration the building, building unit or land is listed for sale. In all cases, the sign area shall not exceed 32 square feet per side.
   (E)   Display of temporary banners and temporary signs mounted on building walls (temporary wall signs) shall be limited to a total of 30 days per calendar year. Such signs shall not be displayed for any continuous period greater than 10 days.
   (F)   Temporary wall or window signs. In all districts, the Zoning Administrator may allow 2 temporary wall or window signs for up to a 45-day period, not more than 3 times per year. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and area for the zoning district in which the sign is located.
   (G)   All temporary wall or window signs which are not properly maintained shall be removed at the order of the Zoning Administrator.
   (H)   Temporary ground signs. In all districts, up to 3 non-illuminated temporary ground signs shall be permitted per parcel, provided that the combined sign area does not exceed 40 square feet. One additional non-illuminated temporary ground sign may be permitted per each 20 feet that a parcel exceeds 100 feet of road frontage. For each additional sign, the parcel shall be permitted an additional 4 square feet added to the total combined sign area. The minimum setback for any temporary ground sign from any property line or public right of way shall be 10 feet.
   (J)   Temporary signs and promotional signs and banners.
      (1)   Intent. It is the intent of this subchapter to provide opportunities for businesses to provide pedestrian-scale communication of messages to customers near the entrances to their businesses while preventing sign clutter along the city's thoroughfares.
      (2)   Temporary promotional sign or banner. In all districts, the Zoning Administrator may allow a business to use 1 temporary promotional sign or banner for a period of up to a 45 days. The use of temporary promotional signs or banners is limited to 4 times per calendar year. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and area for the zoning district in which they are located.
      (3)   Allowable portable display signs.
         (a)   Definition. PORTABLE DISPLAY SIGNS:
            1.   SANDWICH-BOARD TYPE. Two rigid boards, connected at the top to form an A-frame, with the faces of the board extending to within 6 inches of the ground;
            2.   EASEL TYPE. A single board, held vertically or almost vertically, and supported with leg(s) extending from the top of the board to the ground to form an A-frame. The board shall extend to within 6 inches of the ground;
            3.   DOUBLE-SIDED TYPE. A single board with display faces on each side, standing vertical and supported at the bottom.
         (b)   Location.
            1.   In commercial zones (OS, C-2, and CBD), 1 portable display sign shall be permitted per building or business, placed directly in front of that business or property.
            2.   In the Central Business District (CBD), portable display signs must be placed so that the outer edge of the display shall be not more than 30 inches from the face of the building.
            3.   For buildings with distinct and separate uses, 1 portable display sign shall be permitted for each principal public building entrance, adjacent to that principal public building entrance.
            4.   In the C-1 and C-2 Districts, portable display signs must be placed at least 2 feet off the inside of the sidewalk.
         (c)   Specifications. Maximum height shall not exceed 5 feet. Maximum width shall not exceed 2 feet. Portable display signs must be self-supporting and structurally stable under all reasonable wind and weather conditions. Business owners will be free to design high-quality creations with minimum restrictions, encouraging hand-painted, carved, and unique signage on a flat surface. Portable display signage is encouraged to be visually consistent with the architecture within the district the signs are used.
         (d)   Restrictions.
            1.   Must advertise the adjacent business.
            2.   Shall not be attached to any stationary fixture in the public sidewalk or common areas.
            3.   Must not obstruct any driveway, or the sight lines of motorists entering or exiting a driveway or street.
            4.   Are the responsibility of the sign owner to remove during inclement weather.
            5.   Shall be used only during hours of operation and must not be left on the sidewalk overnight.
            6.   Illumination is prohibited.
            7.   Must be kept in good condition.
            8.   All portable display signs are, at all times, subject to removal at the order of the police or City Manager for emergencies, major events, and right-of-way maintenance.
   (K)   Permitting process. All portable display signs require submission of an application and a 1-time issuance of a permit. New or replacement signs require a new permit.
      (1)   A certificate of insurance coverage, naming the city as an additional insured party in the amount of at least $1,000,000 for public liability and property damage associated with the use and placement of the sign, must be filed with the Zoning Administrator, if the portable display sign is to be placed in the public right-of-way.
      (2)   A hold harmless and indemnification agreement, signed on behalf of the business, must be filed with the Zoning Administrator.
      (3)   Application and permit fees shall be established by the City Council.
      (4)   Promotional light pole banners are permitted with Council approval. Promotional street banners are permitted on city-controlled streets with the Zoning Administrator’s approval. All promotional banners that are not properly maintained shall be removed at the order of the Zoning Administrator.
      (5)   All other promotional signs and banners are strictly prohibited.
(Ord. 239, passed 3-5-2001, § 8.6; Am. Ord. 269, passed 4-7-2008; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.151 PERMITTED BILLBOARDS.

   (A)   Generally. The following regulations shall apply to billboards.
   (B)   Where permitted. Billboards shall be permitted only in the I-2 District, subject to the standards contained herein, and the Highway Advertising Act of 1972, as amended.
   (C)   Spacing.
      (1)   Not more than 3 billboards may be located per linear mile of street or highway regardless of the fact that the billboards may be located on different sides of the street or highway. The linear mile measurement shall not be limited to the boundaries of the City of Manchester where the particular street or highway extends beyond the boundaries. Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only 1 face visible to traffic proceeding from any given direction on a street or highway shall be considered as 1 billboard. Additionally, billboard structures having tandem billboard faces (i.e., 2 parallel billboard faces facing the same direction and side by side to one another) or stacked billboard faces (i.e., 2 billboard faces facing the same direction with 1 face being directly above the other) shall be considered as 1 billboard. Otherwise, billboard structures having more than 1 billboard face shall be considered as 2 billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in division (C)(2) below.
      (2)   No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway.
      (3)   No billboard shall be located within 200 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall instead be 300 feet.
      (4)   No billboard shall be located closer than 75 feet from a property line adjoining a public right-of-way or 10 feet from any interior boundary lines of the premises on which the billboard is located.
   (D)   Height. The height of a billboard shall not exceed 30 feet above the level of the street or road upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon 2 streets or roads having different levels, the height of the billboard shall be measured from the higher street or road.
   (E)   Surface area. The surface display area of any side of a billboard may not exceed 300 square feet. In the case of billboard structures with tandem or stacked billboard faces, the combined surface display area of both faces may not exceed 300 square feet.
   (F)   Illumination. A billboard may be illuminated, provided the illumination is concentrated on the surface of the sign and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.
   (G)   Construction and maintenance.
      (1)   No billboard shall be on top of, cantilevered, or otherwise suspended above the roof any building. All billboards shall be self-supported and pole mounted;
      (2)   All billboards shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations. All billboards shall be structurally sound and maintained in good condition and in compliance with all applicable Michigan Building Codes;
         (a)   A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity;
         (b)   A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message;
         (c)   All plans for billboards shall be certified by a licensed engineer registered in Michigan;
         (d)   The rear face of a single-face, billboard shall be painted and maintained with a single neutral color as approved by the city;
         (e)   Every three years, the owner of the billboard shall have a structural inspection made of the billboard by a licensed engineer registered in Michigan and shall provide to the city a certificate certifying that the billboard is structurally sound; and
         (f)   No billboard shall be permitted to fall into a state of disrepair in accordance with this subchapter.
   (H)   Landscaping. A landscape plan shall be submitted in conjunction with the sign permit application for a billboard. A landscape buffer a minimum of 15 feet wide shall be provided at the base of all billboards. Such landscaped area should be enhanced with a decorative wall. Trees and shrubbery, including evergreen and flowering trees, of sufficient size and quantity shall be used to achieve the effect of making the base of the structure blend with the surroundings. An irrigation system shall be installed for the landscaping area. Billboards along I-96 shall be exempt from this landscaping requirement.
   (I)   Guarantee. An irrevocable, automatically renewing letter of credit from a bank chartered and located in the United States of America in an amount and form satisfactory to the City Board shall be required for continued maintenance. In the event that a billboard is vacated, the cost of removal, if that burden is placed on the city, shall be assessed to the property owner.
(Ord. 239, passed 3-5-2001, § 8.7; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.152 MISCELLANEOUS PERMITTED SIGNS.

   (A)   Directory signs. For offices, office parks, industrial parks, and multi-tenant buildings in the CBD, directory signs which identify only the names and locations of occupants or uses within a building on a lot shall be permitted in addition to other signs permitted under these regulations.
      (1)   No more than 1 directory sign per lot is permitted, except where a lot has frontage on no less than 2 sides.
      (2)   No directory sign shall exceed 24 square feet in area or 6 feet in height from finished grade.
      (3)   No directory sign shall be located closer than 50 feet to any property line in all Districts except the CBD.
   (B)   Changeable copy signs. Manual changeable copy signs shall be permitted when incorporated into a permitted wall or ground sign, provided that the area devoted to changeable copy does not exceed 20% of the permissible sign area.
      (1)   Lettering used on manual changeable copy signs directed to local or collector streets shall not exceed 3 inches in height.
      (2)   Lettering used on manual changeable copy signs directed to secondary or major arterial streets shall not exceed least 6 inches in height.
      (3)   Lettering used on manual changeable copy signs directed to pedestrians shall be at least 2 inches in height.
   (C)   Off-premises directional signs. Off-premises directional signs may be permitted in all districts subject to the review of the Planning Commission and the following standards.
      (1)   No more than 2 signs per use shall be permitted.
      (2)   The size of an off-premises directional sign shall not exceed 2 square feet in size.
      (3)   The height of an off-premises directional sign shall be no less than 3 feet nor exceed 6 feet. However, variations in height may be granted by the Planning Commission to accommodate vehicular visibility to avoid obstruction to visibility.
      (4)   Illumination shall not be permitted.
      (5)   Permission of the property owner where the proposed sign is to be located must be provided.
   (D)   Historic markers.
      (1)   If a structure within the city has been designated a state historical site or listed in the National Register of Historic Places, then a marker designating that fact, obtained from the appropriate state or federal agency, shall be permitted in addition to any other sign or signs which may lawfully be placed on the structure or the property on which the structure is located.
      (2)   Anyone wishing to place a historic marker on a structure or property shall complete and file a sign permit application with the Zoning Administrator. No fee shall be charged for a historic marker application.
      (3)   The Planning Commission shall review the proposed placement of the historic marker and no historic marker shall be placed on any structure or property unless a permit has been approved by the Planning Commission.
   (E)   Window signs.
      (1)   Any sign, excluding the posting of hours of operation and/or street and building address, which is painted or mounted onto a windowpane, or which is hung directly inside the window with the purpose or effect of identifying any premises from the sidewalk or street. Window signs shall not exceed more than 30% of the window area in which they are displayed.
      (2)   Non-temporary signs hung inside windows shall be made of clear materials, such as transparent plastic, with lettering painted or attached to them, with all hours of operation, credit card and address signs being exempt.
      (3)   Window signs do not require sign permits, nor count in the calculation of total building signage permitted.
      (4)   Permanent and/or illuminated window signs require a permit and application.
   (F)   Mural signs. When a mural or graphic includes identification of an establishment or specific services, good, or products, or a representation of the types of services, good, or products provided on the site, the mural area will count towards the total permitted wall sign area. Murals are subject to conditional land approval based upon a recommendation from the Planning Commission and the following standards.
      (1)   No mural may be placed on any building or structure that includes nonconforming signs.
      (2)   Only 1 wall, facade, or surface of a building or structure may be used for a mural.
      (3)   A wall, facade, or surface that is used for a mural pertaining to the business on which it is located shall be counted as 1 sign. A mural will count towards the total wall signage allowed for the business; however, the City Council in its sole discretion may permit murals of larger size. Larger murals shall be permitted when determined to demonstrate at least 1 of the following:
         (a)   Accentuates the historic features of the building;
         (b)   Masks an unattractive building facade;
         (c)   Creates an aesthetically pleasing amenity; and/or
         (d)   Superior in aesthetics to an attached wall sign.
      (4)   The owner of record of the building or structure on which the proposed mural is to be placed shall, in writing, consent to the placement of the mural on the property, and shall agree to restore the wall, facade, or surface upon which the mural is placed to its prior existing condition if and at the time the mural is not maintained by the applicant. The permit application shall include a statement detailing the applicant’s plans for the maintenance of the mural.
      (5)   In the review of the conditional land use, the City Council shall grant approval only if the following criteria are met.
         (a)   The placing of the proposed mural at the location selected by the applicant would not constitute a significant traffic safety hazard.
         (b)   Neither the mural, nor the placement of the mural, would endanger the public health, safety, or general welfare.
         (c)   Neither the mural, nor the placement of the mural, would be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed location.
   (G)   Drive-in and drive-through accessory signs.
      (1)   Drive-in and drive-through businesses shall submit a plan for approval by the Planning Commission illustrating the location of accessory signs in relationship to a drive-in or drive-through.
      (2)   Each drive-in and drive-through accessory sign shall not exceed 7 feet in height.
      (3)   One drive-in and drive-through accessory sign (in stacking lane) shall not exceed 16 square feet and the other (at the speaker) shall not exceed 32 square feet in area.
      (4)   The area of the drive-in and drive-through accessory sign is exclusive of the structures framing.
      (5)   All drive-in and drive-through accessory signs shall be single sided.
      (6)   No drive-in and drive-through accessory sign may be located within the front yard.
      (7)   The drive-in and drive-through accessory sign may include digital/electronic signage not to exceed 4 square feet.
      (8)   The Planning Commission may consider a modified sign area, subject to the following:
         (a)   Only 1 of the drive-in and drive-through accessory signs may be increased in area.
         (b)   The drive-in and drive-through accessory sign is completely screened from the roadway.
         (c)   Under no circumstances shall the drive-in and drive-through accessory sign exceed 48 square feet in area.
         (d)   Menu board. One menu board for a drive-in or drive-through restaurant shall be permitted in addition to other signs permitted under these regulations, provided the sign does not exceed 16 square feet in area or 6 feet in height from finished grade.
   (H)   Flagpoles and flags. In all districts, up to three flagpoles not exceeding 50 feet in height may be installed, and up to 2 flags may be displayed per flagpole. No permit shall be required for a flag or flag pole.
(Ord. 239, passed 3-5-2001, § 8.8; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.153 PERMITS REQUIRED.

   (A)   It shall be unlawful to display, erect, relocate, or alter any sign without obtaining a sign permit, except where otherwise noted within this chapter.
   (B)   A permit shall be issued by the Zoning Administrator only if the proposed sign meets all requirements of this chapter, provided if an alteration of an existing sign is limited to the information communicated on the sign without increasing its size, structural modification of the sign shall not be required.
   (C)   (1)   When a sign permit has been issued by the city, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without prior approval of the building official.
      (2)   A written record of the approval shall be entered upon the original permit application and maintained in the files of the city.
   (D)   The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent, or a sign contractor.
   (E)   The applications shall be made in writing on forms furnished by the city and shall be signed by the applicant.
   (F)   The application for a sign permit shall be accompanied by the following plans and other information:
      (1)   The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;
      (2)   The location by street address of the proposed sign structure;
      (3)   Complete information as required on application forms including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and the other data as are pertinent to the application;
      (4)   Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used;
      (5)   The application, including all required information, for an electrical permit if the sign will have an electrical connection; and
      (6)   A statement of valuation.
(Ord. 239, passed 3-5-2001, § 8.9; Am. Ord. 6, passed 9-16-2024) Penalty, see § 151.999

§ 151.154 REMOVAL OF SIGNS.

   (A)   The Zoning Administrator shall order the removal of any sign erected or maintained in violation of this subchapter except for legal nonconforming signs. Thirty days notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which said sign is located, to remove the sign or to bring it into compliance with the subchapter. Upon failure to remove the sign or to comply with this notice, the city may remove the sign. The city may also remove any sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the city shall be assessed to the owner of the property on which said sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge will be a lien on the property.
   (B)   A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 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 may remove it in accordance with the provisions stated in division (A) 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 subchapter.
   (C)   All signs shall be maintained in good condition. Any sign that has been allowed to fade, peel, crack, or otherwise show signs of neglect or disrepair shall be considered a violation of this subchapter and is subject to removal provisions stated in this section preceding.
(Ord. 6, passed 9-16-2024)