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Paw Paw City Zoning Code

ARTICLE VI

SIGNS7


Footnotes:
--- (7) ---

Editor's note— Ord. No. 462, § 5, adopted October 23, 2017, amended art. II in its entirety to read as herein set out. Former art. II, §§ 42-431—42-450 pertained to similar subject matter and derived from Ord. No. 394, adopted July 14, 2003; Ord. No. 402, adopted April 11, 2005; Ord. No. 413, adopted April 14, 2008; and Ord. No. 430, adopted May 9,2011.


Sec. 42-431.- Purpose.

This article is intended to establish regulations for all signs in all zoning districts within the village in a manner consistent with the following purposes:

(1)

To protect and further the health, safety and welfare of village residents, property owners and visitors.

(2)

To prevent traffic hazards and pedestrian accidents caused by signs which obstruct vision, distract or confuse drivers, or are improperly secured or constructed.

(3)

To conserve and enhance community character and the village's aesthetic environment.

(4)

To promote uniformity in the size, number and/or placement of signs within zoning districts.

(5)

To promote the economic viability of commercial areas by minimizing visual clutter and allowing for proper placement of signs to safely direct motorists to their destination.

(6)

To balance the public's right to be informed and its desire to avoid visual pollution and hazardous conditions with the desire of business and nonbusiness uses to communicate by means of signs.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-432. - Definitions.

See section 42-3 for definitions pertaining to signs.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-433. - General sign regulations.

(a)

Signs shall be allowed only in accordance with the provisions of this article and any other applicable provisions of this chapter.

(b)

Signs shall be placed, constructed and erected in accordance with good construction practices and shall be maintained in good condition and repair.

(c)

Except as otherwise allowed by this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground or a building/structure by direct attachment to a rigid wall, frame or structure.

(d)

Signs requiring electrical service shall be constructed and operated in compliance with the electrical code in effect within the village.

(e)

Signs shall be placed only on private property except for lawful signs of governmental bodies or agencies. A sign shall not extend beyond any lot lines of the property on which it is located.

(f)

No sign or sign structure shall be placed, constructed or erected in any location or manner where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No rotating light or flashing illumination resembling a police or emergency light shall be used on or in connection with any sign.

(g)

Signs may be illuminated only in accordance with the provisions of this article.

(1)

Signs located within 150 feet of a residential zoning district shall not be internally-illuminated.

(2)

Any externally illuminated sign shall be shielded in such a manner as to focus the light directly on the sign surface with not greater than one footcandle of illumination emanating from the sign, as measured at the property line.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-434. - Prohibited signs.

The following signs are prohibited in all zoning districts:

(1)

Abandoned signs.

(2)

Inflatable signs and balloon signs, except as allowed by Section 42-437.

(3)

Animated signs.

(4)

Banners and pennants, except as allowed by Section 42-437.

(5)

Home occupation signs.

(6)

Portable signs, except as allowed by Section 42-437.

(7)

Roof signs.

(8)

Rotating signs.

(9)

Signs on vehicles not used during the normal course of business which are parked or located for the primary purpose of displaying the advertising copy.

(10)

Signs with flashing, moving, oscillating or blinking lights, including window signs.

(11)

Temporary signs, except as allowed by Section 42-437.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-435. - Exempt signs.

The following signs are exempt from the provisions of this article:

(1)

Barber poles, animated or not, which are appurtenant to the barber business and affixed directly to the wall of the exterior of the occupied space.

(2)

Decorative signs or displays used temporarily for holidays, patriotic occasions or public, governmental or charitable purposes or events.

(3)

Public signs.

(4)

Memorial signs.

(5)

Nameplates, provided any such nameplate does not exceed 216 square inches in area and is located at a property entrance or wall of a principal residence.

(6)

Signs identifying buildings or sites designated as historic landmarks or centennial farms by state or federal agencies.

(7)

Window signs.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-436. - District regulations.

(a)

Signs shall be allowed only in accordance with this section and other applicable provisions of this article.

Wall Signs Freestanding Signs Projecting Signs Sign Area Sign Height Sign Setbacks
R-1/R-2
(for uses other than dwellings)
1 per building per street frontage* 1 per parcel per street frontage*

A minimum of 40 ft of street frontage is required for the placement of an additional sign
32 sq ft total per parcel; 24 sq ft max per single sign 10 ft 5 ft — front lot line; 15 ft — all other lot lines
RM/RMH
(for uses other than dwellings)
1 per building per street frontage* 1 per parcel per street frontage*

A minimum of 40 ft of street frontage is required for the placement of an additional sign
50 sq ft total per parcel; 24 sq ft max per single sign 10 ft 5 ft — front lot line; 15 ft — all other lot lines
B-1/RO
(for uses other than dwellings)
1 per storefront per street frontage*

1 sq ft per lineal ft of width of the wall to which the sign will be affixed
1 per parcel per street frontage*

A minimum of 40 ft of street frontage is required for the placement of an additional sign
120 sq ft total per parcel; 80 sq ft max per single sign 15 ft 5 ft — all lot lines
B-2
(for uses other than dwellings)
1 per storefront per street frontage*

1 sq ft per lineal ft of width of the wall to which the sign will be affixed
1 per parcel per street frontage*

A minimum of 40 ft of street frontage is required for the placement of an additional sign
1 per storefront per street frontage*

20 sq ft max per sign

Subject to Section 42-259 B. 4.
200 sq ft total per parcel; 100 sq ft max per single sign, except projecting signs 30 ft 5 ft — all lot lines
CBD
(for uses other than dwellings)

(See Section 42-259)
DOD
(See Section 42-259)
RA — PUD
(See Section 42-348 H.)
I-1/I-2
(for uses other than dwellings)
1 per building per street frontage* 1 per parcel per street frontage*

A minimum of 40 ft of street frontage is required for the placement of an additional sign
300 sq ft total per parcel; 120 sq ft max per single sign 25 ft 5 ft — right-of-way line; 10 ft - private drives and all other lot lines
P
(for uses other than dwellings)
1 per street frontage (if no free-standing sign) 1 per street entrance

(if no wall sign)
8 sq ft max per sign 10 ft

 

*For buildings or storefronts with frontage on more than one street, the additional signage allowed shall be oriented toward the secondary frontage.

(b)

Residential development signs. One sign shall be allowed at each entrance to a platted subdivision, site condominium or other residential development, not to exceed two signs per development. Each sign shall not exceed 24 square feet in area or five feet in height, and shall be located a minimum of 10 feet from the abutting street right-of-way.

(c)

Commercial/industrial development signs. One sign shall be allowed at each entrance to a(n) commercial/industrial park, commercial/industrial subdivision or other commercial/industrial development, not to exceed two signs per development. Each sign shall not exceed 75 square feet in area or five feet in height, and shall be located a minimum of ten feet from the abutting street right-of-way.

(d)

Highway signs. Within the B-2, I-1 and I-2 Districts, one highway sign shall be allowed if the parcel is within 200 feet of the I-94 right-of-way. The sign shall not exceed 200 square feet in area or 50 feet in height, and shall be located a minimum of ten feet from the I-94 right-of-way. The sign shall be setback one foot per each foot of sign height from any residential district.

(e)

Billboards. Within the B-2, I-1 and I-2 Districts, not more than one billboard may be erected within 1,500 linear feet of another billboard located on the same side of a state or interstate highway. The 1,500 linear foot measurement shall not be limited to the boundaries of the village where the highway extends beyond such boundaries. Double-faced (back-to-back) structures shall be considered as one sign. The following standards shall apply:

(1)

V-type, electronic message or changeable message billboards shall not be allowed.

(2)

The total surface of the billboard as viewed from a single location shall not exceed 600 square feet.

(3)

A billboard shall not be located within 500 feet of a residence.

(4)

A billboard shall not be located closer than 100 feet from the abutting street right-of-way or 50 feet from the interior boundary lines of the premises on which the billboard is located.

(5)

A billboard shall not be allowed where its size, height, illumination, or location would unreasonably impair visibility, light and air otherwise enjoyed by occupants of adjoining premises.

(6)

All state permits shall be obtained as required by statute.

(f)

Directional signs. One directional sign shall be allowed at each driveway within a commercial or industrial district. Each directional sign shall not exceed two square feet in area or three feet in height, and shall be located within five feet of a driveway or sidewalk.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-437. - Temporary signs.

(a)

Temporary signs may be displayed within any residential district subject to the following standards: two temporary signs shall be allowed for the first 66 feet of lot frontage plus an additional temporary sign for each additional 30 feet of lot frontage. Temporary signs shall not exceed 12 square feet in total area or four feet in height per sign, and may not be placed in a prohibited sign area.

(b)

Temporary signs may be displayed within any commercial or industrial district subject to the following standards: two temporary signs shall be allowed for the first 66 feet of lot frontage plus an additional temporary sign for each additional 30 feet of lot frontage. Temporary signs shall not exceed 32 square feet in total area or six feet in height per sign, and may not be placed in a prohibited sign area.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-438. - Changeable copy signs.

Any allowed sign may include a manual or electronic changeable copy sign or electronic graphic display sign, subject to compliance with the following requirements:

(1)

The area of a changeable copy sign or graphic display sign shall be included in the maximum sign area limitation. The area of a changeable copy sign or graphic display sign shall not exceed 50 percent of the maximum allowed sign area. Only one changeable copy sign or graphic display sign shall be allowed per lot.

(2)

A changeable copy sign or graphic display sign shall not change its message more frequently than once every 12 seconds.

(3)

The message of a changeable copy sign shall, when changing, appear only in its entirety. The message shall not appear to flash, move from the center of the sign outward, move from the corners of the sign inward or demonstrate any other unusual movement, oscillation or method of appearance.

(4)

A changeable copy sign shall not display full white copy between sunset and sunrise and otherwise shall not feature a brightness level deemed to be a distraction or injurious to the vision of motorists, as determined by the village. The changeable copy sign shall be equipped with an ambient light sensor to regulate sign brightness.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-439. - Nonconforming signs.

(a)

Lawful existing signs. A permanent sign lawfully existing on November, 22, 1996 (Ordinance No. 367) which does not fully comply with the provisions of this article shall be deemed a lawful nonconforming sign and may be allowed to remain if the sign is properly maintained and if it has no serious adverse effects on the public health, safety and general welfare.

(b)

Continuance of nonconforming signs.

(1)

A nonconforming sign shall not be enlarged or expanded in area, increased in height or changed to another nonconforming sign, in whole or in part.

(2)

A nonconforming sign shall not be structurally rebuilt or reconstructed so as to change the shape, size, type, placement or design of the structural elements of the sign; or in order to add illumination.

(3)

A nonconforming sign shall not be removed, in whole or in part, from its current location and then relocated, re-erected or re-installed at another location, whether on the same site or on another site.

(4)

A nonconforming sign shall not be repaired, re-erected or re-installed after being damaged as a result of casualty, if the repair, re-erection or re-installation of the sign would cost more than 50 percent of the cost of an identical new sign. The village shall require submission of reliable proof of such cost. If the cost of repair or replacement exceeds 50 percent of the cost of an identical new sign, the right to continue using the nonconforming sign shall terminate and the sign shall be brought into compliance with this article.

(5)

A nonconforming sign may be altered or revised as follows: normal and usual maintenance; the replacement of landscaping below the base of the sign; the changing of the sign's background, letters, figures, graphics or other characters; or, the repair or replacement of electrical wiring or electrical devices.

(c)

Signs accessory to nonconforming uses. A sign related to a nonconforming use may be erected subject to compliance with the applicable provisions of this article for the zoning district in which the nonconforming use is located.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-440. - Abandoned signs.

Any sign that the village determines to be abandoned, as defined by section 42-3, shall be removed by the owner of the property on which the sign is located. If the property owner cannot be found, the village may remove the sign and recover from said owner the full costs of removing and disposing of the sign.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-441. - Sign permits.

(a)

Sign permit required. No sign shall be erected, constructed, relocated or altered, unless specifically exempted by this article, until a sign permit has been obtained from the village. A sign permit shall require payment of a fee as established by resolution of the village council.

(b)

Application. Application for a sign permit shall be made to the village and shall be reviewed in accordance with the following procedures:

(1)

Required information. A sign permit application shall be completed and accompanied by detailed drawings that demonstrate the design, structure, dimensions and location of each sign. A single application and permit may include multiple signs on the same lot.

(2)

Issuance or rejection. A completed sign permit application shall be reviewed by the village for compliance with the requirements of this article. A sign permit application that complies with this article will be issued a sign permit. A sign permit application that fails to comply with this article will be rejected and the applicant so notified.

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-442. - Violations.

(a)

It is a violation of this article to install, create, erect or maintain any sign that does not fully comply with the requirements of this article.

(b)

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

(Ord. No. 462, §§ 1, 5, 10-23-2017)

Sec. 42-443. - Severability clause.

Sections of this article shall be deemed to be severable and should any section, paragraph, or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this article as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid.

(Ord. No. 462, §§ 1, 5, 10-23-2017)