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Ovid City Zoning Code

ARTICLE VII

SIGNS3


Footnotes:
--- (3) ---

State Law reference— Highway advertising act, MCL 252.301 et seq.


Sec. 36-404.- Purpose.

The purpose of this article is to provide a framework within which the identification and informational needs of all land uses can be harmonized with the desires and aesthetic standards of the general public. It is intended through the provisions contained herein to give recognition to the legitimate needs of business, industry and other activities, in attaining their identification and informational objectives. It is a basic tenet of this article that unrestricted signage does not benefit either private enterprise or the community at large.

(1)

All portable signs shall be located no closer than one-half the setback distance for a permanent structure, to the street right-of-way line.

(2)

Any portable signs shall not exceed 50 square feet in surface display area.

(3)

Any portable signage exceeding the requirements in subsections (1) and (2) of this section shall necessitate a special use permit.

(Code 1991, § 19-316; Ord. No. 83, §§ 15.01, 15.06, 4-16-1984)

Sec. 36-405. - Residential districts.

Signs shall be permitted in residential districts subject to the following restrictions:

(1)

Signs no larger than ten square feet in area shall be permitted for any of the following purposes:

a.

Sale or lease of property (real or personal);

b.

Political advertising.

(2)

Signs advertising new subdivisions or major developments may be permitted by the planning commission for no more than one year, provided they do not exceed 25 square feet in area.

(3)

Public institutions and churches permitted in residential districts shall comply with regulations for commercial uses.

(Code 1991, § 19-317; Ord. No. 83, § 15.02, 4-16-1984)

Sec. 36-406. - Commercial or industrial districts.

Signs shall be permitted in commercial or industrial districts subject to the following restrictions:

(1)

Signs shall pertain exclusively to the business carried on within the building.

(2)

Signs shall be placed flat against the main building or parallel to the building on a canopy and may face only the public street or parking areas as part of the development. Signs shall not project above the roof line or cornice.

(3)

Signs painted or affixed to building shall not exceed ten percent of the surface area of the building face to which attached.

(4)

Signs may be illuminated, but no flashing or moving illumination shall be permitted. The source of illumination shall be shielded from traffic and adjacent properties and shall not be visible beyond the property line of the parcel on which the sign is located.

(5)

Freestanding signs shall:

a.

Not obstruct a clear view of traffic;

b.

Not exceed 25 feet in height;

c.

Not exceed one per property, regardless of number of businesses;

d.

Set back at least ten feet, measured from the right-of-way line to the leading edge of the sign;

e.

Not exceed 25 square feet in area.

(Code 1991, § 19-318; Ord. No. 83, § 15.03, 4-16-1984)

Sec. 36-407. - Moving or revolving signs.

Any sign which revolves or has any visible moving parts, visible revolving parts or visible mechanical movement of any type, or other apparent visible movement achieved by electrical, electronic or mechanical means, excepting those actions associated with time-temperature signs, shall be prohibited.

(Code 1991, § 19-319; Ord. No. 83, § 15.04, 4-16-1984)

Sec. 36-408. - Creation of traffic hazard.

No sign shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop," "look," "danger" or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(Code 1991, § 19-320; Ord. No. 83, § 15.05, 4-16-1984)

Sec. 36-409. - Portable or movable signs.

Any freestanding sign not permanently anchored or secured to either a building or the ground, including but not limited to A-frame, T-frame or inverted T-shaped structures, including those signs mounted on wheeled trailers, shall be permitted only in accordance with the following provisions:

(1)

Portable signs are permitted for grand openings, advertising charitable or community-related events and the like.

(2)

Being temporary in nature, such portable signs may be permitted for a period not to exceed 90 days.

(Code 1991, § 19-321)

Sec. 36-410. - Outdoor advertising structures.

Outdoor advertising structures and billboards other than those signs which exclusively advertise businesses on the premises on which they are located may be permitted by special use permit in all districts except medium density residential in accordance with the following limitations:

(1)

Location. Outdoor advertising structures shall be located at least 50 feet from the right-of-way line of the street on which it fronts.

(2)

Illumination. Outdoor advertising structures may be illuminated provided, however, that the illumination is not visible beyond the property lines of the parcel upon which the structure is located.

(3)

Maintenance. Outdoor advertising structures shall be adequately maintained. Such maintenance shall include proper alignment of structure, continued readability of structure and preservation of structure with paint or other surface finishing material. If an outdoor advertising structure is not maintained, written notice of any disrepair shall be issued by the zoning administrator to the owner of the structure. If the disrepair is not corrected within 30 days, the structure shall be removed at the owner's expense.

(4)

Size. No outdoor advertising structure shall exceed 300 square feet in surface display area.

(5)

Spacing. No outdoor advertising structure shall be located within 500 feet of any other outdoor advertising structure.

(Code 1991, § 19-322; Ord. No. 83, § 15.07, 4-16-1984)

Sec. 36-411. - Existing nonconforming signs.

It is the intent of this section to permit the continuance of a lawful use of any sign or outdoor advertising structure existing on May 6, 1984, although such sign or outdoor advertising structure may not conform with the provisions of this article. It is the intent that nonconforming signs and outdoor advertising structures shall not be enlarged upon, expanded or extended. Further, it is the intent that nonconforming signs and outdoor advertising structures shall be gradually eliminated and terminated upon their natural deterioration or accidental destruction. The continuance of all nonconforming signs and outdoor advertising structures within the city shall be subject to the following conditions and requirements:

(1)

Structural changes. The faces, supports or other parts of any nonconforming sign or outdoor advertising structure shall not be structurally changed, altered, substituted or enlarged unless the resultant changed, altered, substituted or enlarged sign or outdoor advertising structure conforms to the provisions of this article for the use it is intended, except as otherwise provided for.

(2)

Repairs, alterations and improvements. Nothing shall prohibit the repair, reinforcement, alteration, improvement or modernizing of a lawful nonconforming sign or outdoor advertising structure, provided such repair does not exceed an aggregate cost of 30 percent of the appraised replacement cost as determined by the building inspector, unless the subject sign or outdoor advertising structure is changed by such repair, reinforcement, alteration, improvement or modernizing to a conforming structure. Nothing in this section shall prohibit the periodic change of message on any outdoor advertising structure.

(3)

Restoration of damage. Any lawful nonconforming sign or outdoor advertising structure damaged by fire, explosion or an act of God, or by other accidental causes, may be restored, rebuilt or repaired, provided that the estimated expense of reconstruction does not exceed 50 percent of the appraised replacement cost as determined by the building inspector.

(4)

Discontinuance or abandonment. Whenever the activity, business or usage of a premises to which a sign is attached or related has been discontinued for a period of 90 days or longer, such discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming sign attached or related thereto. At the end of this period of abandonment, the nonconforming sign shall either be removed or altered to conform with the provisions of this article.

(5)

Elimination of nonconforming signs. The city council may acquire any nonconforming sign or outdoor advertising structure, with or without acquiring the property on which such sign or structure is located, by condemnation or other means, and may remove such sign or structure.

(Code 1991, § 19-323; Ord. No. 83, § 15.08, 4-16-1984)