Milan City Zoning Code
CHAPTER 1186
Signs
1186.01 PURPOSE.
The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. It is intended to protect property values, create a more visually attractive economic and business climate, enhance and protect the physical appearance of the community, and to provide an environment for the proper functioning of public facilities in relation to a well considered community plan.
(Ord. 317-10-03. Passed 10-14-03.)
1186.02 DEFINITIONS.
As used in this chapter:
(a) “Abandoned Sign” means a sign associated with an abandoned use, a sign that remains after the termination of the business, or a sign on its immediate premises not adequately maintained and not repaired within six (6) months of written notification from the City.
(b) “Air Activated Device” means any pennant, streamers, balloon, blimp, or "pinwheel/whirly-gig" including displays which are inducted with forced air from a fan or other source, or movement caused by ambient or compressed air.
(c) “Animated Sign” means a sign employing actual motion or the illusion of motion, or flashing.
(d) “Awning Sign” means a sign displayed on or attached flat against the surface or surfaces of an awning.
(e) “Banner” means a flexible substrate on which copy or graphics may be displayed.
(f) “Billboard” means a permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale of or lease of, the property on which it is displayed.
(g) “Building or Structure Murals” means any decorative pictorial that is painted on a wall surface of a building or structure.
(h) “Changeable Sign” means a sign with the capability of content change by means of manual input.
(i) “Development Complex Sign” means a free-standing sign identifying a multiple- occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.
(j) “Development Sign” means a temporary sign indicating such things as the names of the architects, engineers, landscape architects, contractors and similar individuals or firms having a role or interest with respect to the development, structure or project.
(k) “Directional Sign” means any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
(l) “Double-Faced Sign” means a sign with two faces, back to back, or with 2 faces which cannot be viewed simultaneously.
(m) “Electronic Message Sign or Center” means an electrically activated changeable sign whose variable message capability can be electronically programmed.
(n) “Free-Standing Sign” means a sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
(o) “Illuminated Sign” means a sign characterized by the use of artificial light, either projecting through its surface(s) or reflecting off its surface(s).
(p) “Marquee” means a multi-sided overhead structure or architectural projection supported by attachments to a building. Text may be mounted on the structure.
(q) “Mass Factor” means a multiplication factor to be multiplied by the building frontage, to equal allowable square footage for signage.
(r) “Monument Sign” means a freestanding sign which is less than 8-1/2 feet above grade at the highest horizontal member.
(s) “Multiple-Faced Sign” means a sign containing three or more faces.
(t) “Off-Premise Sign” means any sign upon the premises where such sign is not directly related to the land use of the site.
(u) “Pylon Sign” means a freestanding sign where the lowest horizontal member is more than 8-1/2 feet above grade.
(v) “Political Sign” means a temporary sign intended to advance a political statement, cause or candidate for office.
(w) “Portable Sign” means any sign not permanently attached to the ground or to a building or building surface.
(x) “Projecting Sign” means a sign, other than a wall sign, that is attached to or projects more than 12 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
(y) “Real Estate Sign” means a temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
(z) “Roof Sign” means a sign mounted on, and supported by, the main roof portion of a building, or above the upper most parapet wall of a building.
(aa) “Sign” means any device visible from a public place that displays either graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags displayed from flagpoles or staffs will not be considered to be signs.
(bb) “Sign Area/Face” means the surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. For double or multiple faced signs, the area shall be the largest area visible at any one time.
(1) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
(2) In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
(3) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
(4) In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
(cc) “Sign Structure” means any structure supporting a sign.
(dd) “Temporary Sign” means a sign intended to display either commercial or noncommercial messages of a transitory or temporary basis.
(ee) “Wall Sign” means a sign that is in any manner affixed to any exterior wall of a building or structure that projects not more than 12 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
(ff) “Window Sign” means a sign affixed to the surface of a window either internally or externally or located internally within 24" of a window surface.
(Ord. 317-10-03. Passed 10-14-03.)
1186.03 GENERAL PROVISIONS.
(a) Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this chapter and the provisions of the Village of Milan Building Code.
(b) Signs Located in Rights-of-Way. No sign other than an official traffic or similar sign shall be erected within or overhang a Village right-of-way unless specifically authorized by the Village Council.
(c) Projections over Public Walkways. Signs projecting over public walkways shall be permitted to do so only when a building structure abuts a public way, and the sign will not directly hamper a motorist line of sight or the flow of traffic, subject to a minimum height of 14 feet from grade level to the bottom of the sign, and shall not project more than six (6) feet over the public walkway.
(d) Computation of Frontage.
(1) Wall signage. If a premises contains building walls facing more than one public right-of-way, the sign area(s) for each building wall shall be computed separately for each building wall. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall.
(2) Freestanding signage. If a premises contains building walls facing more than one public right-of-way, the sign area for a freestanding sign shall be based off the calculation of the average of the frontage of the building walls facing the right-of-way.
(e) Maintenance, Repair and Removal. Every sign permitted by this chapter shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Building Official or his/her designee, or if unlawfully installed in violation of any provisions of this chapter, the owner shall, upon written notice, within 10 days, make such sign conform to the provisions of this chapter or shall remove it. If within 10 days, the order is not complied with, the City shall be permitted to have the sign removed at the expense of the owner.
(f) Nonconforming Signs. A sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, may be allowed to remain and may be maintained and its structural parts repaired. If the business changes, the face of the sign may be replaced, so long as the size and location of the signage is not changed or increased.
(Ord. 317-10-03. Passed 10-14-03.)
1186.04 EXEMPT SIGNS.
The following signs shall be exempt from the provisions of this chapter.
(a) Directional, warning or information signs authorized by federal, state or municipal governments.
(b) Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
(c) The flag of a government, or noncommercial institution, such as a school or corporate flags.
(d) Religious symbols and seasonal decorations within the appropriate public holiday season.
(e) Street address signs and combination nameplate and street address signs and which do not exceed 3 square feet.
(f) Public banners approved by the Village.
(Ord. 317-10-03. Passed 10-14-03.)
1186.05 PROHIBITED SIGNS.
The following signs are prohibited:
(a) Off-premises signs.
(b) Any sign attached to, or placed on, or being part of, a vehicle or trailer parked on public or private property for the primary purpose of advertising.
(c) Search lights, laser lights.
(d) Flashing lights, projected images or animated signs unless with a conditional use permit.
(e) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
(f) Signs encroaching upon or overhanging a public right-of-way unless specifically authorized by the Village Council.
(g) Signs attached to utility poles, light poles, street trees or other public facility located within the public right-of-way.
(h) Air activated devices, i.e. balloons, streamers, pinwheels, etc. unless granted zoning clearance as a temporarily displayed (no more than 30 days) as part of a special sale, promotion or community event.
(i) Building or Structure Murals are prohibited unless specifically authorized by the Village Council.
(j) Roof signs.
(k) Billboards. (Ord. 317-10-03. Passed 10-14-03.)
1186.06 ALLOWABLE SIGNAGE
(a) Residential Districts.
(1) One (1) nameplate indicating the occupants name, house number, and home profession or occupation not exceeding 3 square feet.
(2) Real estate signs or temporary contractor/construction signs limited to one per street frontage, and not to exceed six square foot per sign.
(3) One (1) subdivision development sign per entrance to subdivision. Sign can be located at the entrance to subdivision only, and cannot exceed thirty-two square feet.
(4) One sign not exceeding 25 square feet may be located on the premise of a public, charitable or religious institution.
(5) A single-family residential subdivision or multiple-family residential complex may be permitted one monument sign per entrance not to exceed thirty-two square feet per sign.
(6) Any freestanding sign permitted in a residential zoning district shall not exceed eight and one half feet in over all height (monument style).
(7) If a legal nonconforming business use exists, and the business changes, the face of the sign may be replaced, so long as the location of the signage is not changed nor the size of the signage increased.
(b) Business and Industrial Districts.
(1) Wall signage per building wall facing a public right-of-way based on the following chart:
Speed Limit on Street | Mass Factor |
25 mph | 1.00 |
35 mph, single lane | 1.65 |
35 mph, multi-lane or 45 mph single lane | 1.75 |
45 mph, multi-line or single lane greater than 45 mph | 2.00 |
A. For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy to determine the allowed signage.
(2) One (1) freestanding or projecting sign to be determined based on the following chart:
Speed Limit on Street | Mass Factor |
25 mph | 1.00 |
35 mph, single lane | 1.25 |
35 mph, multi-lane or 45 mph single lane | 1.25 |
45 mph, multi-line or single lane greater than 45 mph | 1.56 |
A. For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, or multiple building structures, to calculate the allowable size of a freestanding sign, the mass factor shall be multiplied by the aggregate building frontage.
B. No freestanding sign shall exceed 215 square feet on a single side per sign, in a business or commercial district.
C. Regardless of the number of businesses or structures on a single parcel, one pylon sign shall be permitted if the lot frontage is less than 500 feet. If the lot frontage is 500 feet or more, two pylon signs shall be permitted provided the signs are at least 250 feet apart. (Ord. 317-10-03. Passed 10-14-03.)
1186.07 ZONING CLEARANCE AND BUILDING PERMIT REQUIRED.
(a) Unless specifically exempted, zoning clearance and a building permit shall be obtained for all signs exceeding nine (9) square feet in total area, before they are erected or altered.
(b) When applying for zoning clearance, the following must be submitted.
(1) A dimensioned site plan showing the location and size of proposed sign(s) and on-site buildings or other structures.
(2) For free-standing signs, scaled elevation drawings shall be required.
(c) Construction Documents. Before any building permit is granted for the erection of a sign or sign structure requiring such permit, construction documents may be required to be filed with the Building Inspector showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. Engineering calculations signed and sealed by a professional engineer shall be submitted when required by the Building Inspector.
(d) Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformance with the provisions of this chapter, nor until a proper permit, if required, has been secured. The changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration and shall not require a permit.
(e) Temporary or Portable Signs and Air Activated Devices. Before zoning clearance can be granted for the items mentioned, a rough drawn site plan and a set duration for the signs (start date and ending date) must be presented to zoning along with application for permit.
(f) Permit Fees. There shall be a $100.00 plus $.05 per square foot for non- electrical signs and a $150.00 plus $.05 per square foot for electric signs.
(g) Work Without Permit. Where work for which a permit is required has commenced prior to the issuance of a permit, the fee shall be doubled.
(Ord. 317-10-03. Passed 10-14-03.)
1186.08 SPECIFIC SIGN REQUIREMENTS.
(a) Awning Signs, Canopy Signs, Marquee Signs.
(1) The copy area of these signs shall not exceed an area equal to 25 percent of the background area of the surface to which the sign is affixed to or applied, or the permitted area for wall or fascia signs, whichever is less.
(2) Neither the background color, nor any graphic treatment or embellishment such as striping, patterns or color bands shall be included in the computation of sign copy area.
(b) Development and Construction Signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, and engineers shall be permitted in all zoning districts subject to the following restrictions:
(1) On a residential lot, there shall be a limit of one sign not exceeding six square feet in total area and located not less than five feet from any front or side lot line.
(2) For an undeveloped subdivision, there shall be one sign per entrance to the subdivision and each sign shall be no greater than thirty-two square feet and located no less than ten feet from any front or side lot line.
(3) For business, commercial or manufacturing lots, there shall be no more than one sign per street front not to exceed sixty-four square feet and located no less than ten feet from any front or side lot line.
(4) Development and construction signs must be removed immediately following occupancy of the structure.
(c) Directional Signs. No more than two directional signs shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. No directional sign shall exceed 6 square feet, and 3 feet in over all height.
(d) Monument Signs.
(1) May be located within the required front yard but not closer than fifteen feet or ½ the required front yard setback, whichever is greater.
(2) Shall not be located within ten feet from a building on an adjacent lot and not less than thirty feet from another sign.
(3) Shall not be more than eight and one half feet above grade.
(4) Shall not interfere with the line of sight for any vehicle.
(e) Pylon Signs.
(1) Shall not be located closer than fifteen feet to any right-of-way.
(2) Shall have a minimum clearance of 8-1/2 feet above grade.
(3) Shall not be over thirty (30) feet in height.
(f) Political Signs. Political signs shall be permitted in all zoning districts subject to the following limitations:
(1) The political sign, poster or like device shall legibly bear the name of the party responsible for placement of the sign and shall not exceed thirty-two square feet per side, with no single dimension greater than eight feet; except the above restrictions shall not apply to political advertisements using billboards located in conformity with applicable provisions of the zoning code.
(2) Only one double-sided political sign per individual candidate or individual issue shall be placed per site (ground level street address) except as to corner lots, two such signs per individual candidate or individual issue may be placed at a site so as to front on each intersecting street.
(3) The owner or person in control of the property upon which the political sign, poster or like device is displayed, shall consent to the placement of same.
(4) No political sign, poster or like device shall be erected on, in or infringe in any way into the right-of-way of any street, road or other public way, nor be attached to any utility facility located within such right-of-way.
(5) No political sign, poster or like device shall be erected near the intersection of any street, road, alley, other public way or private drive in such a manner as to be hazardous to the vision of pedestrians or drivers of vehicles.
(6) The provisions of this section shall not operate to restrict the placement of political signs at polling places on an election day contrary to applicable State and Federal laws.
(g) Portable Signs.
(1) No portable sign shall flash, be animated, rotate, or have the appearance of moving.
(2) No portable sign shall be parked or placed within ten feet of any street, alley, or other public right-of-way.
(3) All wiring that serves and is part of a portable sign shall be inspected and shall meet the provisions of the Village Electrical Code.
(4) Portable signs shall not be permitted in residential districts.
(5) The maximum allowable size for a portable sign shall be thirty-two (32) square feet.
(6) A property shall have no more than one portable sign erected for no more than four months cumulative in any one year.
(7) A building permit must be obtained prior to erection of a portable sign and the fee shall be in accordance with the fee schedule adopted by the Village Council.
(h) Real Estate Signs.
(1) Located on a single residential lot real estate signs shall be limited to one sign per street frontage.
(2) Not to exceed six (6) square feet in total area and be located not less than five feet from any front or side lot line.
(3) Located within an undeveloped subdivision real estate signs shall be limited to one sign per entrance to the subdivision, and each sign shall be no greater than sixty-four (64) square feet and not located less than ten (10) feet from any front or side lot line. All signs shall be removed within ten days after the sale of the last original lot.
(4) For non-residential properties, one sign is permitted limited to a maximum of thirty-two square feet.
(5) Off premise Real Estate signs are prohibited except the use of "Open House" signs displayed for not more than a 48 hour period, and will not directly hamper a motorist line of sight or the flow of traffic.
(i) Temporary Signs. Temporary signs shall be permitted for the advertising of special promotions, events and grand openings subject to the following limitations:
(1) Limit of one sign per street front.
(2) Limit of 30 days per calendar year.
(3) May be erected not more than seven (7) days before event.
(4) Shall not exceed forty square feet in total sign area per sign and shall not exceed ten feet in any one direction.
(j) Wall Signs.
(1) Wall signs may not project more than 12" from the building, or wall, and must be installed parallel to the structure it is attached to.
(2) The allowable square footage for a wall sign shall be figured separately for each building wall.
(3) A wall sign pertaining to a legal non-conforming use shall be permitted, provided the area of such sign does not exceed twelve (12) square feet.
(k) Window Signs. Window signs shall be permitted for any nonresidential use in a residential district and in any other district subject to the following limitations:
(1) Any sign, graphic or neon located within 24" of a window surface will be considered a window sign.
(2) The aggregate area of all such signs shall not exceed twenty-five percent of the window area on which such signs are displayed.
(3) Window signs shall not be assessed against the sign area permitted for other sign types.
(Ord. 317-10-03. Passed 10-14-03.)
1186.09 FAILURE TO COMPLY.
Failure of an owner to comply with the provisions listed above shall be cause for the inspecting official to order the building permit or zoning clearance issued for the sign void, and either the Building Inspector or the Zoning Inspector may order the sign to be removed and fines issued to property owners when citations have been issued by the Building Inspector or Zoning Inspector as applicable.
(Ord. 317-10-03. Passed 10-14-03.)