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Morenci City Zoning Code

ARTICLE XI

B.- SIGNS8


Footnotes:
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Editor's note—


Sec. 22-277.- General.

A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this chapter.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-278. - Definitions.

In addition to the definitions contained in section 22-27, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

(a) Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

(b) Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

(c) Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

(d) Building sign. Any sign attached to any part of a building, as contrasted to a freestanding sign.

(e) Canopy sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

(f) Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

(g) Commercial message. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

(h) Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government, political subdivision, or other entity.

(i) Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(j) Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

(k) Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

(l) Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.

(m) Nonconforming sign. Any sign that does not conform to the requirements of this chapter.

(n) Pennant. Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

(o) Portable sign. Any sign not permanently attached to the ground or other permanent structure, or sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. Signs converted to A or T frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

(p) Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

(q) Residential sign. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance.

(r) Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(s) Roof sign, integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

(t) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

(u) Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(v) Temporary sign. Any sign that is used only temporarily and is not permanently mounted.

(w) Wall sign. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

(x) Window sign. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an business, commodity, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-279. - Computation of height.

The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

(1)

Existing grade prior to construction; or

(2)

The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-280. - Signs allowed on private property with and without permits.

Signs shall be allowed on private property in the city in accordance with, and only in accordance with, table 22-280A. If the letter "P" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "S" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If no letter appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances.

Although permitted by table 22-280A. a sign shall be allowed only if the size, location, and number of signs on the lot conform with the requirements of tables 22-280B which establish permitted sign dimensions by sign type, and with any additional limitations listed in table 22-280A.

Table 22-280A.

Sign type R1 R2 RM INS† C1 C2 C3 I1 I2
Freestanding
 Residential P P P
 Incidental P P P P P P P
Building
 Banner P P P P S S S S S
 Building marker P P P P P P P P P
 Canopy S S S S S
 Identification P P P P P P P P P
 Incidental P P P P P P P
 Marquee S S S
 Projecting S S S S S
 Residential P P P
 Roof S S S
 Roof, integral S S S
 Suspended P P P P
 Temporary P P P P P P P P P
 Wall P S S S S S
 Window S S S
Miscellaneous
 Banner P P P P P P P P P
 Flag†† P P P P P P P P P

 

P = Allowed without sign permit S = Allowed only with sign permit

†The column does not represent a zoning district. It applies to institutional uses permitted under the zoning ordinance in residential zoning district. Such uses may include, but are not necessarily limited to, churches, schools, funeral homes, and cemeteries.

††Flags of the United States, Michigan, Morenci, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. Banners in R1, R2 and RM shall not exceed 30 square feet in area and banners in INS shall not exceed 40 square feet in area.

Table 22-280B. Number, dimensions, and location of individual signs by zoning district.

Sign type R1 R2 RM INS 1 C1 C2 C3 I1/I2
Area (sq. ft.) 6 6 12 40 40 40 80 80
Height (feet) 5 5 5 12 12 12 12 12
Setback (feet) 2 2 1 2 5 5 2 10 10
Number permitted
 Per zone lot 1 1 1 Note 3
 Per feet of street frontage 1 per 200 1 per 100 1 per 200 4 1 per 800
Building
 Area (max, sq. ft.) 2 2 10
 Wall area (percent) 10% 10% 10% 10% 10%

 

Notes:

1 See explanation on table 22-280A.

2 Setbacks based on distance after establishing right-of-way.

3 In a planned shopping area one sign shall be permitted for each business located within the planned shopping area and all such signs shall be affixed to the face of the building and shall be a uniform design throughout. Further, one group pole sign advertising the name of the shopping center and/or individual business within the shopping center is permitted.

4 For automobile service stations there may be no more than one freestanding sign per street frontage, each face not exceeding 150 square feet in area, which shall display only the name of the user or occupant of the premises in site plan review in accordance with section 22-261.

5 In addition to the setback requirements on this table, signs shall be located such that there is at every street intersection a clear view between heights of three feet and ten feet in a triangle formed by the corner and points on the curb 30 feet from the intersection or entranceway.

6 In no case shall the actual sign height exceed the actual sign setback from any adjacent lot that is zoned and used for residential purposes.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-281. - Permits required.

If a sign requiring a permit under the provision of this chapter, (see table 22-280A), is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign from the zoning administrator.

The application for a permit shall include plans and specifications showing the dimensions, materials, and details of construction, including loads, stresses, and anchorage, and the location of each particular sign. It shall also be accompanied by the written consent of the owner or lessee of the premises upon which the sign is located and proof of liability insurance policy as required by subsection 22-282(d).

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this chapter in every respect.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-282. - Design, construction, and maintenance.

All signs shall be designed, constructed, and maintained in accordance with the following standards:

(a)

All signs shall comply with applicable provisions of the Michigan State Construction Code and the Michigan Electrical Code at all times. (See chapter 6, buildings and building regulations.)

(b)

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(c)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times.

(d)

No person shall erect or maintain any marquee, canopy, awning, clock or other structure or object so it projects over or upon the limits of any street or alley without first obtaining a permit and filing a liability insurance policy. Every liability insurance policy required by this section shall contain a clause obligating the insurer to give the city clerk, by registered or certified mail, at least ten days written notice before the cancellation, expiration, lapse or other termination of such insurance, and such liability policy shall name the city as an additional named insured. No such permit shall be granted unless the proposed plans for the marquee or other structure shall be in conformity with the building code.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-283. - Temporary signs on private property.

(a)

Temporary signs on private property shall be allowed for a 30-day period.

(b)

Traffic safety must be considered in placement of any temporary sign.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-284. - Temporary signs in the public right-of-way.

Temporary signs in the public right-of-way shall be placed in accordance with the following conditions:

(a)

Temporary non-political signs, such as for "garage sale", "for sale" and other similar signs shall be permitted for a term of 30 days within a 365-day period.

(b)

Any political sign pertaining to a specific election including signs for candidates or proposals shall be removed from the public right-of-way within five days after the election.

(c)

Traffic safety must be considered in placement of any temporary sign.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-285. - Nonconforming sign.

Nonconforming signs that were in existence prior to the adoption of this chapter or when the property was annexed to the city will be treated as any other nonconforming structure as set forth in section 22-253 of this code.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-286. - Sign removal required.

If any sign found to be unsafe or is not maintained in a sightly condition, or if the liability insurance policy covering such sign as required is not maintained, such sign shall be deemed a street encroachment. The city superintendent shall notify the permittee to remove or repair such sign within ten days or to reinstate such insurance forthwith and, upon failure of the permittee to comply with such notice, such encroachment shall be removed as provided in this chapter. No marquees, canopy sign, projecting sign or suspended sign shall be erected or maintained so as to be less than eight feet above the surface of the sidewalk.

Any sign that was constructed, painted, installed, or maintained in conformance with a permit under this chapter, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, shall be forthwith removed without notice or action from the city.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-287. - Violations.

It is a violation to install, create, erect, or maintain any sign that requires a permit without such permit, or that is inconsistent with this chapter or permit issued for such sign.

Any violation of this chapter or failure to remove any sign that is in violation or to continue any such violation shall be subject to the enforcement remedies and penalties provided by this chapter, by the zoning ordinance, and by state law.

Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-288. - Enforcement and remedies.

In addition to the penalties set forth in section 22-414, any violation or attempted violation of this article or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this chapter shall be considered a violation of the zoning ordinance. The remedies of the city shall include the following:

(1)

Issuing a stop-work order for any and all work on any signs on the same zone lot.

(2)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity.

(3)

Imposing any penalties that can be imposed directly by the city under the zoning ordinance.

(4)

Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance.

(5)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the city under the applicable provisions of the zoning ordinance and building code for such circumstances.

The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance.

Any such remedies provided herein shall be cumulative. The extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(Ord. No. 14-310, § 6, 12-8-14)

Sec. 22-289. - Fee schedule.

All fee schedules imposed may be set and changed by resolution of the city council from time to time.

(Ord. No. 14-310, § 6, 12-8-14)