Park Township City Zoning Code
ARTICLE VI
Signs
Sec. 38-563 Definitions.
[Ord. No. Z.02, eff. 2-7-1974; Ord. No. Z-14.02, eff. 4-19-1982; Ord. No. Z-20.02, eff. 8-7-1988; Ord. No. Z-22.02, eff. 2-20-1989; Ord. No. Z-39.02, eff. 1-1-1999]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BANNER
A fabric or plastic sign hung on a wall or from poles, on which lettered, figured, promotional phrases, or pictorial matter is displayed for advertising a business, service, or entertainment.
BILLBOARD
Any structure, including the wall of any building, on which lettered, figured, promotional phrases, or pictorial matter is displayed for advertising a business, service, or entertainment which is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed or fabricated on such land.
BUSINESS SIGN
Any structure, including the wall of any building, on which lettered, figured, promotional phrases, or pictorial matter is displayed for advertising or identifying a profession, business, service, or entertainment conducted on the land where the structure is located, or products primarily sold, manufactured, processed, or fabricated on such land.
IDENTIFYING SIGN
Any structure on the same premises it identifies which serves only to tell the name or use of any public or semipublic building or recreation space, apartment building or apartment complex, subdivision, club, lodge, church, or institution or parking lot.
POLITICAL SIGN
A sign used to advertise a candidate for public office or a position on an issue to be voted on at a general or special election.
PORTABLE SIGN
A temporary sign which is not permanently affixed to the ground, a building or structure, including, without limiting the generality of the foregoing, all banners, pennants, balloons, A-frame signs, light chains, and signs on wheels or portable stands, but excluding real estate signs and political signs.
REAL ESTATE SIGN
A sign used only to advertise, with pertinent information, the sale, rental, or leasing of the premises upon which it is located.
Sec. 38-564 Purpose and scope.
[Ord. No. Z.01, eff. 2-7-1974; Ord. No. Z-14.01, eff. 4-19-1982; Ord. No. Z-20.01, eff. 8-7-1988; Ord. No. Z-22.01, eff. 2-20-1989; Ord. No. Z-39.01, eff. 1-1-1999]
(a)
This section is intended to protect and further the health, safety and welfare of the people of the Township by regulating the construction, erection, reconstruction, alteration, repair, maintenance, size, location and number of all signs, to ensure that such signs do not create a hazard to the public, to ensure that they do not interfere with the safe and efficient movement of pedestrians or traffic within the Township and to ensure that their size, location and number compliment harmoniously the nature of development within the various zoning districts of the Township.
(b)
When more restrictive with respect to location, use, size, height or other requirements relating to structural safety, the provisions of the state construction code and/or any other applicable state construction code shall take precedence over this section.
Sec. 38-565 General conditions.
[Ord. No. Z.03, eff. 2-7-1974; Ord. No. Z-14.03, eff. 4-19-1982; Ord. No. Z-20.03, eff. 8-7-1988; Ord. No. Z-22.03, eff. 2-20-1989; Ord. No. Z-39.03, eff. 1-1-1999; Ord. No. Z-56.03, eff. 8-22-2006]
(a)
No sign shall be erected, constructed or reconstructed in any location where it may interfere with, or obscure the view of, or be confused with, an authorized traffic sign.
(b)
No sign shall have any visible moving components, or a moving or changing message, either constantly or at intervals, regardless of whether the motion or change is caused by artificial or physical means, except as permitted by Section 38-569 and Section 38-575(g)(4).
(c)
A sign which is an integral part of a building may not extend higher than the sidewall of the building on which it is mounted.
(d)
No freestanding sign shall exceed eight feet in height. The Zoning Administrator may authorize freestanding signs of a greater height. The Zoning Administrator may, in his discretion, decline to decide such matter and refer decision thereon to the Zoning Board of Appeals as a matter for Zoning Board of Appeals decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603). In granting such authorization, either by the Zoning Administrator, or the Zoning Board of Appeals as a matter for Zoning Board of Appeals decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603), the following standards shall be considered:
(1)
The number of businesses using the building and/or sign;
(2)
The sign height related to the height of the principal buildings on the lot and neighboring lots;
(3)
The effect of the sign on the surrounding neighborhood; and
(4)
How the sign affects light, visibility and the circulation of air.
(e)
No sign, temporary or permanent, shall be erected, constructed, installed or located on private property without the written consent of the owner of such property; provided, however, the requirement that the consent be written shall not apply to political and real estate signs. Real estate signs may only be placed on the property that is for sale, rental or lease.
(f)
No sign, including, without limitation, political signs, shall be located in the public right-of-way or attached to any tree, utility pole, street sign, traffic control device or other similar object or installed, attached or affixed to any public building or structure.
(g)
No sign, or any part thereof, attached to a wall shall extend more than 12 inches therefrom.
(h)
No item or article of tangible personal property, including, but without limitation, a vehicle, trailer, snowmobile, or watercraft, including personal watercraft, shall be used as a sign by displaying or placing thereon or attaching thereto letters or words, figures, or pictures or any type or kind of promotional material which provides information about or advertises a business, service, entertainment or any other activity or enterprise and locating or parking this item or article of tangible personal property at a location or place where such item or article of tangible personal property can be viewed by members of the general public. As examples of the application of this subsection, but without limitation, the following described circumstances constitute violations of this subsection:
(1)
Watercraft with temporary vinyl lettering used as signs and parked in a commercial lot.
(2)
Vehicles with temporary vinyl lettering used as signs and parked in a commercial lot.
(3)
Signs mounted on trailers.
(4)
Banners hung on watercraft.
(5)
A personal watercraft with a vinyl or fabric "For Rent" sign on it.
Sec. 38-566 Maintenance.
[Ord. No. Z.04, eff. 2-7-1974; Ord. No. Z-14.04, eff. 4-19-1982; Ord. No. Z-20.04, eff. 8-7-1988; Ord. No. Z-22.04, eff. 2-20-1989; Ord. No. Z-39.04, eff. 1-1-1999]
All signs shall be maintained in good condition and repair, including, without limiting the foregoing, maintenance of supports and fastenings to prevent the sign from falling.
Sec. 38-567 Traffic hazard.
[Ord. No. Z.05, eff. 2-7-1974; Ord. No. Z-14.05, eff. 4-19-1982; Ord. No. Z-20, eff. 8-7-1988; Ord. No. Z-22.05, eff. 2-20-1989; Ord. No. Z-39.05, eff. 1-1-1999]
No sign shall be constructed, erected, reconstructed or located in such a manner as to cause a hazard to vehicle or pedestrian traffic, including, without limiting the foregoing, a visual hazard caused by flashing lights or glare where the visual hazard impairs vision or is unreasonably distracting.
Sec. 38-568 Right-of-way.
[Ord. No. Z.06, eff. 2-7-1974; Ord. No. Z-14.06, eff. 4-19-1982; Ord. No. Z-20.06, eff. 8-7-1988; Ord. No. Z-22.06, eff. 2-20-1989; Ord. No. Z-39.06, eff. 1-1-1999]
No sign, temporary or permanent, shall be constructed, erected or reconstructed upon or over any sidewalk, street, alley or other public right-of-way.
Sec. 38-569 Illumination.
[Ord. No. Z.07, eff. 2-7-1974; Ord. No. Z-14.07, eff. 4-19-1982; Ord. No. Z-20.07, eff. 8-7-1988; Ord. No. Z-22.07, eff. 2-20-1989; Ord. No. Z-39.07, eff. 1-1-1999; Ord. No. Z-56.07, eff. 8-22-2006]
All signs that are to be illuminated shall be illuminated by electrical power. All electrical wiring and electrical installation shall be in conformance with the electrical code currently in force in the Township. Time and/or temperature signs and changeable letter signs are only permitted as is provided by Section 38-575(g)(4). No other type of sign shall be illuminated with flashing, blinking, intermittent or on and off lighting. Open neon lights are prohibited. All sign illumination shall be employed in such a manner so as to prevent intense or brilliant glares or rays of light from being directed at any street, private road, or at any adjoining property.
Sec. 38-570 Measurement of sign area.
[Ord. No. Z.08, eff. 2-7-1974; Ord. No. Z-14.08, eff. 4-19-1982; Ord. No. Z-20.08, eff. 8-7-1988; Ord. No. Z-22.08, eff. 2-20-1989; Ord. No. Z-39.08, eff. 1-1-1999]
The area of a sign includes the entire area within a circle, triangle or multisided figure enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed, but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. In the case of a sphere or other three-dimensional object used as a sign, the total area of the sphere or other three-dimensional object is divided by two for purposes of determining the sign area.
Sec. 38-571 Portable signs.
[Ord. No. Z.09, eff. 2-7-1974; Ord. No. Z-14.09, eff. 4-19-1982; Ord. No. Z-20.09, eff. 8-7-1988; Ord. No. Z-22.09, eff. 2-20-1989; Ord. No. Z-39.09, eff. 1-1-1999]
Except for signs, pennants, and banners permitted pursuant to Section 38-576(b)(16), portable signs are prohibited in all zoning districts unless located inside the window of a building. Only one portable sign is permitted per window, with the total area of each sign not to exceed 25% of the total area of the window in which it is placed.
Sec. 38-572 Political signs.
[Ord. No. Z.10, eff. 2-7-1974; Ord. No. Z-14.10, eff. 4-19-1982; Ord. No. Z-20.10, eff. 8-7-1988; Ord. No. Z-22.10, eff. 2-20-1989; Ord. No. Z-39.10, eff. 1-1-1999]
Political signs shall be permitted in all zoning districts provided they are temporary, not illuminated, do not exceed six square feet in area in the AG, R-1, R-2, R-3, R-4, and R-5 Zoning Districts and do not exceed 32 square feet in the C-1 and C-2 Zoning Districts. There shall be no more than one political sign per 25 feet of property road frontage or fraction thereof. All political signs shall be removed within 10 days after the holding of the election with which the political sign is concerned. All political signs shall comply at all times with the requirements of Sections 38-565 through 38-568.
Sec. 38-573 Billboards.
[Ord. No. Z.11, eff. 2-7-1974; Ord. No. Z-14.11, eff. 4-19-1982; Ord. No. Z-20.11, eff. 8-7-1988; Ord. No. Z-22.11, eff. 2-20-1989; Ord. No. Z-39.11, eff. 1-1-1999]
Billboards are prohibited in the Township.
Sec. 38-574 Nonconforming signs.
[Ord. No. Z.12, eff. 2-7-1974; Ord. No. Z-14.12, eff. 4-19-1982; Ord. No. Z-20.12, eff. 8-7-1988; Ord. No. Z-22.12, eff. 2-20-1989; Ord. No. Z-39.12, eff. 1-1-1999; (Ord. No. Z-56.12, eff. 8-22-2006]
Subject to the provisions of this section, a sign which is existing and lawful on the effective date of the ordinance from which this chapter is derived, or in the case of an amendment to this article, then on the effective date of such amendment, may be maintained and continued although such sign does not conform with the provisions of this article or any amendment thereto, as the case may be.
(1)
No nonconforming sign:
a.
Shall be changed to another non-conforming sign;
b.
Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size or type;
c.
Shall be reestablished or continued after the activity, business, or use to which it was attached has been discontinued for 90 days or longer.
(2)
No owner shall be required to remove a sign that was erected in compliance with this article if such sign becomes nonconforming due to a change in the location of buildings, streets, private roads, or other signs if the change was beyond the control of the owner of the sign and the premises on which it is located.
(3)
If the owner of a sign, or the premises on which a sign is located, changes the location of a building, property line, or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign shall be removed or made to conform to this chapter.
Sec. 38-575 Permitted signs in each zoning district.
[Ord. No. Z.13, eff. 2-7-1974; Ord. No. Z-14.13, eff. 4-19-1982; Ord. No. Z-20.13, eff. 8-7-1988; Ord. No. Z-22.13, eff. 2-20-1989; Ord. No. Z-39.13, eff. 1-1-1999; Ord. No. Z-56.13, eff. 8-22-2006; Ord. No. Z-58.13, eff. 12-13-2007; amended by Ord. No. ZA-63, eff. 7-1-2013]
(a)
AG Agricultural and Permanent Open Space District. Signs shall be permitted in this zoning district only as follows:
(1)
One real estate sign for each 450 feet or fraction thereof of property road frontage, not in excess of six square feet each in area, provided the real estate signs are not illuminated and are placed entirely within the boundaries of the parcel of land or lot to which the signs refer.
(2)
One permanent identifying sign, provided such sign shall:
a.
Not exceed an area of 32 square feet;
b.
Not extend more than 12 inches from the surface of the building if mounted on a wall;
c.
Have all lighting shielded from adjoining residences in such a manner that direct light does not leave the property on which the sign is located.
(3)
One construction sign per construction project, denoting architects, engineers, banking institutions, subcontractors, or contractors connected with the work under construction. For one- and two-family dwelling projects, the area shall not exceed 12 square feet. For all other construction projects, the maximum area is 32 square feet. This sign may be displayed only during the time the improvements are under construction.
(4)
One freestanding business sign for each farm or property, not in excess of 32 square feet in area, and located not less than 40 feet from the edge of the street right-of-way or private road easement.
(5)
One or more temporary seasonal signs advertising business operations such as being "open" or the sale of products on the lot where the sign is located. The collective total square footage of such signs shall not exceed an area of 64 square feet per lot; provided, however, that the lot shall meet the minimum lot area for the district, and no individual sign shall exceed an area of 32 square feet. All such signs shall be separated by no less than 50 feet. Where temporary seasonal signs are located on one or more legal nonconforming lots advertising business operations, the collective total square footage of temporary seasonal signs throughout all of the lots shall not exceed an area of 64 square feet, and no individual sign shall exceed an area of 32 square feet. All such signs shall be separated by no less than 50 feet.
[Amended by Ord. No. 2020-001, eff. 1-27-2020
(b)
"R" designated residential zoning districts.
(1)
In all "R" designated residential zoning districts, signs shall be permitted only as follows:
a.
One real estate sign not in excess of six square feet in area, if the real estate sign is not illuminated and is placed entirely within the boundaries of the parcel of land or lot to which the sign refers.
b.
One permanent identifying sign, provided such sign shall:
1.
Not exceed an area of 32 square feet;
2.
Not extend more than 12 inches from the surface of the building if mounted on a wall;
3.
Have all lighting shielded from adjoining residences in such a manner that direct light does not leave the property on which the sign is located;
4.
Be placed at least five feet from the edge of the road right-of-way; and
c.
One and/or two permanent identifying signs at each entrance to a residential development (i.e., subdivision, condominium, or apartment complex), provided that the total square footage of the sign at each entrance does not exceed an area of 32 square feet, and all requirements of Subsection (b)(2) of this section are met.
d.
One construction sign per construction project, denoting architects, engineers, banking institutions, subcontractors, or contractors connected with the work under construction. For one- and two-family dwelling projects, the area shall not exceed 12 square feet. For all other construction projects, the maximum area is 32 square feet. This sign may be displayed only during the time the improvements are under construction.
e.
Plat or site condominium advertising signs provided there shall be only one such sign per plat or site condominium, and that no such sign shall exceed 32 square feet in area. Plat or site condominium advertising signs shall be removed when 75% of the building sites of the last approved phase have buildings located thereon or are under construction.
(2)
In the R-1 Rural Estates Residence District, one or more temporary seasonal signs advertising business operations such as being "open" or the sale of products on the lot where the sign is located. The collective total square footage of such signs shall not exceed an area of 64 square feet per lot; provided, however, that the lot shall meet the minimum lot area for the district, and no individual sign shall exceed an area of 32 square feet. All such signs shall be separated by no less than 50 feet. Where temporary seasonal signs are located on one or more legal nonconforming lots advertising business operations, the collective total square footage of temporary seasonal signs throughout all of the lots shall not exceed an area of 64 square feet, and no individual sign shall exceed an area of 32 square feet. All such signs shall be separated by no less than 50 feet.
[Added by Ord. No. 2020-001, eff. 1-27-2020
(c)
In all "C" designated commercial zoning districts, signs shall be permitted only as follows:
(1)
All signs permitted in the R-1 Rural Estate Residence District, subject to the same conditions, restrictions, and requirements as provided in the R-1 Rural Estate Residence District, except that political signs and real estate signs may be larger than permitted in the R-1 Rural Estate Residence District, but shall not be greater than 32 square feet in area, signs permitted by § 38-575(b)(2) shall not exceed 50% of the dimensional provisions therein but may be permitted per business on a lot, and home occupation signs are prohibited.
[Amended by Ord. No. 2020-001, eff. 1-27-2020
(2)
Business signs if the signs:
a.
Are placed flat against the building on which they are located;
b.
Are limited to one sign per tenant space per side or sides of the building which fronts on principal streets, private roads or waterways providing access to the building;
c.
Are not in excess of 10% of the wall area of the tenant space to which they are attached, but not to exceed 32 square feet in area in any event;
d.
Have no dimension greater than 30 feet.
(3)
One freestanding business sign if it is located in the front yard and does not exceed 32 square feet in area.
(4)
One changeable letter sign, per building, not to exceed 32 square feet in area, is allowed on the side of a building or on the same support as the freestanding business sign permitted under Subsection (c)(3) of this section. Message changes may be accomplished through either electronic and/or mechanical means, or through the use of illumination, provided that the following criteria are met:
a.
There shall be no animation, cartoons or moving pictures or similar depictions of motion.
b.
Movement of any kind shall be prohibited except the simultaneous and instantaneous change of letters, numbers or symbols necessary to convey the changing message.
c.
The rate of change between messages shall be no more frequent than 10 seconds.
(5)
Where two or more businesses are located in the same building, the freestanding business signs for each business shall be combined on the same pole or ground sign. In this instance, the total area of all freestanding business signs mounted on the same pole or ground sign shall not exceed 64 square feet.
(d)
Planned unit development. Such signs as are approved by the Township Board in authorizing the planned unit development.
Sec. 38-576 Permit required.
[Ord. No. Z.14, eff. 2-7-1974; Ord. No. Z-14.14, eff. 4-19-1982; Ord. No. Z-20.14, eff. 8-7-1988; Ord. No. Z-22.14, eff. 2-20-1989; Ord. No. Z-39.14, eff. 1-1-1999]
(a)
Except as specifically excused in Subsection (b) of this section, no sign shall be constructed, erected, located, placed, attached to a building, installed, structurally altered, or relocated prior to the issuance of a permit by the Zoning Administrator. For all signs, the application for the sign permit shall include the name of the applicant, the size of the sign, plans and specifications for the sign, the proposed location of the sign, the proposed method of construction, erection, structural alteration, or relocation, and a description of the equipment to be used for such work.
(b)
No permit shall be required for any of the following:
(1)
Normal sign maintenance and repair;
(2)
Change of lettering or display panels on a sign;
(3)
Real estate signs (may only be placed on the actual property for sale);
(4)
Highway signs erected by the United States of America, State of Michigan, Counties of Allegan or Ottawa, or the Township;
(5)
Governmental use signs erected by governmental agencies to designate hours of activity or conditions for use for parks, parking lots, recreational area, other public areas or for governmental buildings;
(6)
Directional signs erected in conjunction with private, off-street parking areas, provided the sign does not exceed four square feet in area and is limited to traffic control functions only;
(7)
Historic signs designating sites recognized by the state historical commission as centennial farms and historic landmarks;
(8)
Signs posted to control or prohibit hunting within the Township;
(9)
Essential public service signs denoting utility lines, railroad lines, hazards and precautions;
(10)
Memorial signs or tablets which are either cut into the face of a masonry surface or constructed of bronze or other incombustible material when located flat on the face of a building;
(11)
One construction sign per construction project, subject to the provisions of Section 38-575;
(12)
One model home sign per project not exceeding 12 square feet in area to be displayed only during the actual time the home is being used as a model;
(13)
Political signs;
(14)
One sign per street address not exceeding two square feet in area and bearing only property address and/or names of occupants of residential premises. No other words or letters are permitted;
(15)
Flags and insignia of the governments of the United States, the State of Michigan and the Township;
(16)
Signs, pennants and banners announcing civic occasions, festivals, celebrations, sports events or arts and humanities events only when for an agency of government or a private nonprofit organization and when authorized in advance in writing by the Zoning Administrator. The Zoning Administrator may, at his discretion, decline to decide such matter and refer decision thereon to the Zoning Board of Appeals as a matter for Zoning Board of Appeals decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603). Advertising symbols, logos or titles identifying contributors to such event or occasion shall be permitted, provided that such identification shall be limited to 15% of the area of the sign, pennant or banner. In considering such authorization, the Zoning Administrator or Zoning Board of Appeals shall consider the following standards:
a.
The proximity of the sign, pennant or banner to traffic signals and other signs, pennants and banners;
b.
The size of the sign, pennant or banner;
c.
The time period during which the sign, pennant or banner is to be displayed;
d.
The effect of the sign, pennant or banner on traffic safety and the general neighborhood; and
e.
No sign, pennant, or banner permitted under this Subsection (16) shall be erected more than 30 days prior to the date on which the civic occasion, festival, celebration, or event announced therein begins. All signs, pennants, and banners shall be removed within 10 days after the date on which the civil occasion, festival, celebration, or event announced therein has ended.
(17)
Legal notices;
(18)
Open house signs on the day of the open house only; and
(19)
Auction signs on the day of the auction only.