New Buffalo City Zoning Code
ARTICLE 6
Sign Standards
Section Z6-01 Purpose.
A.
Purpose. The purpose of this article is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.
B.
Scope. The regulations of this article shall provide a balanced and fair legal framework for design, construction, and placement of signs that:
1.
Promotes the safety of persons and property by ensuring that signs do not create a hazard by:
a.
Collapsing, catching fire, or otherwise decaying;
b.
Confusing or distracting motorists; or
c.
Impairing drivers' ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs; and
2.
Promotes the efficient communication of messages, and ensures that persons exposed to signs:
a.
Are not overwhelmed by the number of messages presented; and
b.
Are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose; and
3.
Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors;
4.
Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;
5.
Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built environment, in order to meet the objectives related to the quality and character of development set forth in the City of New Buffalo Master Plan;
6.
Enhances property values and business opportunities;
7.
Assists in wayfinding; and
8.
Provides fair and consistent permitting and enforcement.
Section Z6-02 Limit on sign area.
A.
Permanent sign area limit. Each lot shall be allowed aggregate permanent sign area equal to two square feet of sign area per linear foot of lot frontage.
B.
Temporary sign area limit. Each lot shall be allowed aggregate temporary sign area equal to one square foot of sign area per linear foot of lot frontage.
C.
Premises having frontage on more than one dedicated street.
1.
Premises having frontage on more than one dedicated street will be allowed an additional one square foot of aggregate temporary sign area for each linear foot of the secondary lot frontage.
2.
Premises having frontage on more than one dedicated street will be allowed an additional 1/2 (0.5) square foot of aggregate permanent sign area for each linear foot of the secondary lot frontage.
3.
Additional sign and sign copy area shall only be displayed on the secondary frontage.
D.
Irregularly shaped lots. Irregularly shaped lots with minimal lot frontage, relative to more typically shaped lots in the district, may petition for additional aggregate sign area through the comprehensive sign plan process as detailed in Section Z8-10.
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Section Z6-03 Sign measurement.
A.
Sign height. Sign height shall be measured by the total distance between the highest point on the sign to the average elevation of the ground upon which the sign supports are placed, except when:
1.
The sign supports rest upon a berm or other area elevated above the surrounding ground; or
2.
The sign supports rest upon a ditch or other area lower than the surrounding ground.
B.
In the cases detailed in Section Z6-03A above, the elevation of the center line of the adjacent roadway shall be considered as the ground level.
C.
Sign area.
1.
Sign area is determined by the total area enclosed by a continuous perimeter along the edges of a sign, including any frame or border.
2.
The area of a sign composed of individually-affixed letters is determined by the total area of the smallest geometric shape enclosing the copy.
3.
A maximum of two geometric shapes may be utilized in sign area calculation.
4.
The calculation for a double-faced sign shall be the area of one face only.
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Section Z6-04 Permitted and allowed sign types by district.
A.
The following key is to be used in the interpretation of Table 6-04(B), Permitted and Allowed Sign Types by District.
1.
Sign types requiring a permit. Sign types marked as "•" in the tables shall be permitted subject to all applicable regulations of this Ordinance and only after the issuance of a sign permit as detailed in Section Z8-03E.
2.
Sign types not requiring a permit. Sign types marked as "○" in the tables shall be allowed subject to all applicable regulations of this Ordinance without the issuance of a sign permit.
3.
Prohibited sign types. A blank space in the table indicates that a sign type is prohibited in the respective district.
4.
Interpretation of similar sign type. If a proposed sign is not listed in the table, the Zoning Administrator shall determine if the sign is substantially similar to a sign listed in the table. If it is, the standards applied to the proposed sign shall be the standards applicable to the similar sign. If not, the sign shall be regarded as prohibited.
B.
Permitted and allowed sign types by district.
Table 6-04(B): Permitted and Allowed Sign Types by District | |||||||
|---|---|---|---|---|---|---|---|
Sign Type | District | ||||||
R Districts | CBD | GCD | WM | BP | PSP | NCD | |
Permanent Signs | |||||||
Wall sign | • | • | • | • | • | • | |
Single-tenant monument sign | •(1) | • | • | • | • | ||
Multi-tenant monument sign | • | • | • | • | |||
Awning/canopy sign | • | • | • | • | • | • | |
Projecting sign | • | • | • | ||||
Window sign, permanent | • | • | • | • | |||
On-site traffic directional sign | ○ | ○ | ○ | ○ | ○ | ○ | |
Temporary Signs | |||||||
Wall-mounted banner sign | • | • | • | • | • | • | |
Ground-mounted banner sign | • | • | • | • | • | ||
Window sign, temporary | • | • | • | • | • | ||
A-frame/sandwich board sign | ○ | ○ | |||||
Post sign | ○ | ○ | ○ | ||||
Yard sign | ○ | ○ | ○ | ||||
Notes: | |
|---|---|
(1) | Sign shall be permitted for multifamily, non-commercial place of assembly, and home occupation uses only. |
Section Z6-05 Standards for permanent signs.
A.
Wall signs.
1.
Sign area.
a.
The maximum sign area of wall signs in the CBD and WM Districts shall be 5% of the total area of the face of the wall to which the sign is to be affixed.
b.
The maximum sign area of wall signs in all other Districts shall be 10% of the total area of the face of the wall to which the sign is to be affixed.
2.
Sign height. No wall sign shall protrude above the sill of a second-story window or windows of the building or structure to which such sign is to be attached.
3.
Projection.
a.
No part of any wall sign, except lighting reflectors, shall extend more than 12 inches from the face of the wall to which such sign is attached.
b.
No wall sign shall be erected or maintained to extend beyond the end of the wall facing a street to which such sign is attached.
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4.
Number of signs.
a.
Primary wall signs.
[1]
Single tenant buildings shall be permitted a total of three primary wall signs; however, only one wall sign shall be displayed on any single building facade.
[2]
Multi-tenant buildings shall be permitted one primary wall sign per unit.
b.
Secondary wall signs. A maximum of two secondary wall signs may be authorized for buildings with lineal frontage in excess of 75 feet by the Zoning Administrator provided such additional signage is:
[1]
In keeping with the overall design and architecture of the building;
[2]
A minimum of 20 feet from the primary wall sign and other secondary wall signs;
[3]
A maximum of 50% of the size of the primary wall sign;
[4]
Less visually prominent on the site than the building's primary wall sign; and
[5]
The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as established in Section Z6-05A.
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5.
Sign copy.
a.
If the sign copy is individually affixed letters, the Zoning Administrator may approve an increase in sign area up to an additional 5% of the total area of the face of the wall to which the sign is to be affixed.
b.
Box/cabinet wall signs shall be prohibited.
6.
Other provisions.
a.
No wall sign shall cover any architectural features (architectural features shall include, but not be limited to, pediment, cornice, belt course, pier, windows, pilaster, roof, decorative stone or inlay, kick plate/bulkhead, raised or colored brick pattern, and corbel) of the building to which it is affixed.
b.
No wall sign shall be affixed to HVAC screening, elevator overrun, or other structures protruding from the roof of the principal building.
B.
Single-tenant monument signs.
1.
Sign area. The maximum sign area of a single-tenant monument sign shall be 45 square feet.
2.
Sign height. The maximum sign height of a single-tenant monument sign shall be 10 feet.
3.
Number of signs. A maximum of one single-tenant monument sign shall be permitted per lot frontage.
4.
Sign base.
a.
The base of a single-tenant monument sign, including all structural components, shall extend horizontally from the sign face a minimum of 10% and a maximum of 25% of the width of the sign face.
b.
The base of single-tenant monument signs shall be constructed from masonry, stone, or similar high-quality materials in keeping with the materials and design of the principal building of the lot.
5.
Landscape requirement.
a.
All single-tenant monument signs shall include a planted and maintained landscape area at the base of the sign.
b.
The minimum area of the landscape area shall be equal to 1/2 of the square footage of the sign area of the single-tenant monument sign.
c.
Landscape areas shall be planted with one shrub or native grass per every three square feet of required landscape area.
6.
Other provisions.
a.
The address of any building to which the single-tenant monument sign is associated shall be displayed on the single-tenant monument sign but shall not count towards maximum sign area.
b.
The color scheme of a single-tenant monument sign must be consistent with the color scheme of the principal building unless an alternate color scheme is required by an approved comprehensive sign plan.
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C.
Multi-tenant monument signs.
1.
Sign area. The maximum sign area of a multi-tenant monument sign shall be 60 square feet.
2.
Sign height. The maximum sign height of a multi-tenant monument sign shall be 14 feet.
3.
Number of signs. A maximum of one multi-tenant monument sign shall be permitted per lot frontage except with approval from the Planning Commission.
4.
Sign base.
a.
The base of a multi-tenant monument sign, including all structural components, shall extend horizontally from the sign face a minimum of 10% and a maximum of 25% of the width of the sign face.
b.
The base of multi-tenant monument sign shall be constructed from masonry, stone, or similar high-quality materials in keeping with the materials and design of the lot's principal building.
5.
Landscape requirement.
a.
All multi-tenant monument signs shall include a planted and maintained landscape area at the base of the sign.
b.
The minimum area of the landscape area shall be equal to half of the square footage of the sign area of the multi-tenant monument sign.
c.
Landscape areas shall be planted with one shrub or native grass per every three square feet of required landscape area.
6.
Other provisions.
a.
The address of any building to which the multi-tenant monument sign is associated shall be displayed on the multi-tenant monument sign but shall not count towards maximum sign area.
b.
The color scheme of a multi-tenant monument sign must be consistent with the color scheme of the principal building unless an alternate color scheme is required by an approved comprehensive sign plan.
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D.
Awning/canopy signs.
1.
Sign area.
a.
The maximum sign area of an awning/canopy signs shall be 40% of the face of the awning/canopy upon which the sign shall be printed or affixed.
b.
The area of the awning/canopy sign shall count towards the maximum amount of sign area permitted for wall signs as detailed in Section Z6-05A(1).
2.
Other provisions. Awning/canopy signs shall only be permitted on awnings/canopies extending above ground floor entrances or windows.
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E.
Projecting signs.
1.
Sign area. The maximum permitted sign area of projecting signs shall be four square feet.
2.
Sign height.
a.
Projecting signs shall not extend above the roof line of the building to which they are attached, or a maximum of 12 feet, whichever is less.
b.
Projecting signs shall maintain a minimum vertical clearance of eight feet.
3.
Number of signs.
a.
A maximum of one projecting sign shall be permitted per ground floor tenant space.
b.
A projecting sign shall not be displayed on the same building frontage as an awning/canopy sign.
4.
Projection.
a.
Projecting signs shall horizontally project a maximum of four feet from the building to which they are attached.
b.
Projecting signs erected over marquees shall be set back not less than two feet from the outer edge of such marquee.
c.
No projecting sign shall at the lowest point be less than 10 feet above the established grade immediately below.
5.
Other provisions.
a.
Projecting signs shall not be internally illuminated.
b.
Projecting signs may encroach upon, extend to, or project over a public right-of-way or easement. The property owner may be required to provide a release or hold harmless to the City prior to issuing permits for any such signs.
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F.
Window signs, permanent.
1.
Sign area.
a.
The maximum permitted aggregate sign area of a permanent window sign shall be 25% of the square footage of the individual window on which the sign shall be located in the CBD and the WM Districts.
b.
The maximum permitted aggregate sign area of a permanent window sign shall be 50% of the square footage of the individual window on which the sign shall be located in all other districts.
c.
The aggregate area of the permanent window sign(s) shall count towards the maximum amount of sign area permitted for wall signs as detailed in Section Z6-05A(1).
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G.
On-site traffic directional signs.
1.
Sign area.
a.
The maximum sign area of an on-site traffic directional sign shall be four square feet.
b.
Permitted on-site traffic directional sign area shall not count towards the maximum allowed aggregate sign area as detailed in Section Z6-02A.
2.
Sign height. The maximum height of an on-site traffic directional sign shall be four feet.
3.
Number of signs. The permitted number of on-site traffic directional signs shall be determined by the Zoning Administrator as necessary to assist in the safe movement of vehicular, bicycle, and pedestrian traffic on a property and between properties with vehicular cross access.
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Section Z6-06 Temporary sign standards.
A.
General standards temporary signs.
1.
Temporary signs requiring a permit.
a.
Single-tenant building. A maximum of two permitted temporary signs, as permitted per district in Table 6-04(B), may be displayed concurrently on a lot with a single-tenant building.
b.
Multi-tenant building.
[1]
A maximum of one permitted temporary sign, as permitted per district in Table 6-04(B), may be displayed per unit on a lot with a multi-tenant building concurrently.
[2]
In no instance shall more than two freestanding temporary signs be displayed concurrently.
2.
Display period. No temporary sign shall be displayed on any one lot or parcel for more than 30 consecutive days for any one permit period and no more than two non-consecutive display periods shall be allowed for any lot or parcel during any calendar year.
3.
Temporary freestanding signs. Temporary freestanding signs shall include ground-mounted banner, feather, post, and yard signs.
a.
Temporary freestanding signs shall be securely anchored into the ground or secured in a portable base designed for such function.
b.
Temporary freestanding signs shall be maintained in good condition and shall not sag, lie on the ground, be torn, or otherwise kept in a disorderly state.
B.
Wall-mounted banner sign.
1.
Sign area. The maximum area of a wall-mounted banner sign shall not be more than 5% of the total area of the face of the wall to which the sign is to be affixed.
2.
Sign height. No wall-mounted banner sign shall protrude above the highest roof line or the top of the parapet wall or mansard roof.
3.
Location. Wall-mounted banner signs shall be affixed to a building only.
4.
Projection. Wall-mounted banner signs shall be affixed flat against the building to which they are mounted.
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C.
Ground-mounted banner sign.
1.
Sign area. The maximum sign area of a ground-mounted banner sign shall be 20 square feet.
2.
Sign height. The maximum sign height of a ground-mounted banner sign shall be five feet.
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D.
Window signs, temporary.
1.
Sign area. The aggregate maximum sign area of a temporary window sign shall be 25% of the individual window on which the sign shall be affixed.
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E.
A-Frame/sandwich board signs.
1.
Sign area. The maximum sign area of an A-frame/sandwich board sign shall be six square feet.
2.
Sign height. The maximum sign height of an A-frame/sandwich board sign shall be four feet.
3.
Number of signs. One A-frame/sandwich board sign shall be permitted per single-tenant building or unit of a multi-tenant building.
4.
Sign separation. Each A-frame/sandwich board sign shall be separated from another A-frame/sandwich board sign by at least 25 feet.
5.
Location.
a.
A-frame/sandwich board signs shall be located on private property.
b.
No part of any A-frame/sandwich board sign shall block points of ingress or egress.
c.
A-frame/sandwich board signs shall be placed no more than one foot from the wall of the building or unit of a building to which the sign is associated.
d.
A-frame/sandwich board signs shall be placed no less than three feet and no more than six feet from the building entrance of the building or unit of a building to which the sign is associated.
6.
Other provisions. The display of A-frame/sandwich board signs shall only be permitted during the operating hours of the use to which the sign is associated.
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F.
Post signs.
1.
Sign area. The maximum sign area of a post sign shall be six square feet.
2.
Sign height. The maximum sign height of a post sign shall be six feet.
3.
Number of signs. A maximum of one post sign shall be allowed per lot frontage.
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G.
Yard signs.
1.
Sign area. The maximum sign area of a yard sign shall be four square feet.
2.
Sign height. The maximum sign height of a yard sign shall be three feet.
3.
Number of signs. A maximum of two yard signs may be displayed concurrently with the exception of 30 days before and 15 days after a local, state, or federal election in which case a maximum of six yard signs may be displayed.
4.
Exemption. Yard signs in residential districts displayed for a period of 48 hours or less shall be exempt from the requirements of this section.
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Section Z6-07 General sign standards.
A.
Interference with traffic signals. No sign shall be erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or constitute a nuisance per se.
B.
Location of freestanding signs. Freestanding signs shall include single-tenant monument signs, multi-tenant monument signs, on-site traffic directional signs, ground-mounted banner signs, feather signs, post signs, and yard signs. Freestanding signs shall:
1.
Be located a minimum of five feet from all property lines, rights-of-way, and utility easements;
2.
Not block points of ingress or egress;
3.
Not be placed in any sidewalk or pedestrian circulation system; and
4.
Not be located in a clear sight triangle as detailed in Section Z5-06.
C.
Illumination.
1.
Location and design of light source. Whenever an external artificial light source is used for a sign, such source shall be located, shielded, and directed so as not to be directly visible from any public right-of-way or residential property. No receptacle or device housing a permitted light source for a sign shall protrude more than 12 inches from the face of the sign or building to which it is attached except if such light source is ground-mounted, locked in place, and cannot be redirected.
2.
Level of illumination. In no event shall the illumination of any sign, resulting from any internal or external artificial light source, exceed the outdoor lighting standards established in Section Z5-08. All artificial illumination shall be so designed, located, shielded, and directed as to prevent the casting of glare or direct light upon adjacent property or streets.
3.
Signs using LED lights. Signs utilizing LED lighting shall be allowed to serve public safety purposes and facilities only.
D.
Wind pressure, allowable stresses and materials.
1.
All signs shall be constructed, erected, and maintained to safely withstand a wind pressure of at least 30 pounds per square foot.
2.
The allowable stresses in chains, wire ropes, and steel guy rods and their fastenings shall not exceed 1/4 of their ultimate strength.
3.
All ferrous chains, wire ropes, guy rods and their fastenings and anchor bolts shall be galvanized or be of other approved equivalent protection. All other ferrous parts of signs subject to corrosion shall be protected and maintained free from corrosion by approved corrosion-resistant coating.
E.
Identification. All signs hereafter erected shall bear the manufacturer's name, and the name trademark or other approval mark or symbol of the person erecting such sign.
F.
Combustible materials. All signs shall be constructed of noncombustible materials; provided, however, that the letters, decorations, and facings may be made of combustible plastics approved by the Zoning Administrator and Director of Inspection Services.
G.
Electronic message boards. Single-tenant and multi-tenant monument signs may incorporate electronic message boards in accordance with the following:
1.
One-third of the sign area must be permanent copy.
2.
The area of the sign devoted to an electronic message board shall be part of, not in addition to, the maximum sign area allowed.
3.
The electronic message format shall conform to the following requirements:
a.
The message will contain a static message or image only and not have movement, or the appearance of movement, during the static display period.
b.
The transition to change from one message or image to another shall be instant and not dissolve, fade, scroll, travel, or have similar transitions.
c.
The message shall not change more frequently than once every 10 seconds.
4.
Electronic message boards must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.
5.
Electronic message boards shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to light conditions.
6.
Illumination of electronic message signs shall not exceed 0.3 footcandle over the ambient lighting conditions when measured at a distance equal to the square footage of the sign area.
7.
Applications shall be reviewed by the Zoning Administrator to determine that the sign placement does not interfere with traffic control devices within 300 feet of the sign or traffic circulation upon roadways. If deemed necessary by the Zoning Administrator a report from a traffic engineer certifying that the proposed sign does not interfere with the design characteristics of the traffic circulation and traffic control devices may be required.
8.
An application for electronic message boards located outside the principal building shall require the approval of a special use permit as specified in Section Z8-06.
Section Z6-08 Prohibited signs and content.
A.
Purpose and intent. The City of New Buffalo finds that the uncontrolled use of certain sign types can be injurious to the public, and destructive to community character and property values, and that, as a result, prohibitions on sign types that have the previously mentioned qualities are necessary and desirable.
B.
Prohibited signs. All signs not specifically allowed under this article are prohibited in the City. Further, the following types of signs are expressly prohibited:
1.
Balloon signs;
2.
Pennants, streamers, non-special event banners;
3.
Feather signs;
4.
Any sign, including window signs, which have flashing, moving, or oscillating lights;
5.
Roof signs;
6.
Off-premises signs;
7.
Sign containing moving or animated parts, or with the appearance of having any moving or animated parts;
8.
Marquee signs;
9.
Pole/pylon signs;
10.
Signs attached to a utility pole, a tree, a fence, a standpipe, gutter, drain or fire escape;
11.
Signs erected so as to impair access to a roof;
12.
Signs located, erected or maintained upon, over or projecting into any public right-of-way or easement unless otherwise specifically allowed by this article;
13.
Signs in conflict with traffic signals, vehicular or pedestrian travel, access to fire hydrants and fire lanes and exits, and other signs which reasonably impede or impair the public health, safety and welfare;
14.
Signs on vehicles, boats, or trailers parked so as to be visible from a public right-of-way;
15.
Signs hung across any street or alley;
16.
Signs employing exposed neon lights not completely covered by other acceptable sign materials;
17.
Signs painted on or otherwise affixed to fences.
C.
Prohibited content.
1.
The following content is prohibited without reference to the viewpoint of the individual speaker:
a.
Text or graphics of an indecent or immoral nature or harmful to minors;
b.
Text or graphics that advertise unlawful activity;
c.
Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or
d.
Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "stop," "yield," "caution," or "danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
2.
The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or Michigan Constitutions or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each paragraph of this subsection be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or Michigan Constitutions.
Section Z6-09 Safety, maintenance, and abandonment.
A.
Every sign and all parts thereof, including base, copy, framework, supports, anchors, and wiring systems shall:
1.
Be constructed and maintained in compliance with the applicable codes of the City.
2.
Be kept in proper repair.
3.
When not galvanized or constructed of approved corrosion resistive, noncombustible materials, be painted, when necessary, to prevent corrosion, rust, peeling paint, and excessive fading.
B.
Failure of owners to keep signs maintained in good mechanical and visual repair shall be deemed a violation of this Ordinance.
C.
It shall be the duty and responsibility of the owner of every sign to maintain the immediate premises occupied by the sign in a clean condition, free of rubbish. Any landscaping surrounding the sign shall be kept trimmed and in good repair. If the landscaping installed at the time of sign approval dies, said landscaping shall be replaced immediately or as soon as weather permits.
D.
Every existing sign shall be subject to an inspection whenever the Zoning Administrator deems it necessary. In the event an inspection demonstrates that repairs, and/or maintenance are necessary, the sign owner shall be notified and required to complete said repairs and/or maintenance within 30 days of notification. The Zoning Administrator is authorized to grant one thirty-day extension, if, upon written request, it is deemed necessary due to extenuating circumstances.
E.
If the Zoning Administrator shall find that any sign is unsafe or unsecure, or is a threat to the public safety, or was constructed, erected, or maintained after the adoption of and in violation of the provisions of this Ordinance, they shall give written notice to the sign owner. Such notice shall specify the manner in which the sign is unsafe or in violation of this Ordinance.
F.
Sign copy shall be removed, and in the case of a wall sign the building facade shall be repaired, by the sign owner when the use which the sign is associated is no longer conducted on the premises. The sign copy shall be removed within 30 days of when the use ceases to operate. If the owner fails to remove the sign copy, the Zoning Administrator or their designee shall give the owner 30 days' written notice to remove it. Failure to comply with the notice shall be deemed a violation of this Ordinance.