The intent of this article is to provide for adequate and content-neutral regulations for all signs as defined by the zoning ordinance. Control of signs is necessary to allow for reasonable means by which to communicate messages and information while maintaining a safe, well-maintained, aesthetically pleasing, and attractive community. The objectives of this article are as follows:

(1)

To protect the public health, safety, and welfare of the township;

(2)

To control the abundance and size of signs to reduce visual clutter, motorist distraction, and loss of visibility;

(3)

To protect the right to free speech as guaranteed by the First Amendment of the United States Constitution by allowing signs as a means of communication;

(4)

To promote public convenience and effective communication of information on a sign to its intended audience;

(5)

To protect motorists, passengers, and pedestrians from injury and property damage that may result from unregulated signage, including by prohibiting or removing signs that are structurally unsafe or poorly maintained;

(6)

To preserve property values;

(7)

To enhance the aesthetic appearance of the township, including the preservation of its historic and cultural resources and scenic areas; and

(8)

To have standards and administrative review procedures that are simply understood and followed by property owners, tenants, and sign installers.

(Ord. No. 172, 1-9-2019)

For the purposes of this article, the following definitions shall apply:

Address sign means a sign showing the address numbers of a building, being essential for the delivery of government services. All address signs shall comply with the Rose Township Building Numbering Ordinance.

Animated sign means a sign that has any visible moving part or member by means other than wind, either constantly or at intervals, including any part that emits a sound.

Damaged sign means a sign which becomes structurally unsafe and/or endangers the public health, safety, and welfare of neighboring properties, including any sign structures that no longer support a sign, abandoned signs, and signs with torn or crumbling material.

Flag means a sign on paper, cloth, fabric, or other flexible or combustible material of any kind that is attached to a permanent conforming pole or attached flat to a wall or sign face.

Freestanding sign means a sign erected upon or supported by the ground. Freestanding signs include monument signs, which are self-supporting base-mounted signs consisting of two or more sides extending up from the base, and pole signs, which are elevated on poles or braces above the ground and not attached to any other building or structure.

Historical marker means a sign identifying a site listed on the National Register of Historic Places, a historic designation from the State of Michigan, or similar sign.

Incidental sign means a small sign, emblem, or decal, usually two square feet or less, that is designed and located to be read only by people within the site and generally not visible or legible from offsite. Examples of incidental signs include, but are not limited to, credit card signs, signs indicating the hours of business, no smoking signs, no trespassing signs, signs for bathrooms, and signs on vending machines, gas pumps, or ice containers. Signs legible from offsite, or small signs arranged in such a manner to appear as one sign that is legible from offsite, shall not be considered incidental signs.

Memorial sign means a sign or tablet forming an integral part of the building architecture and which typically indicates the building name, date of erection, or similar information.

Nameplate means a non-electric on-premises wall sign giving only the name, address, and/or occupation of an occupant or group of occupants and used to simplify identification.

Neighborhood entry sign means a freestanding sign placed at the entry to a residential development as an architectural feature identifying the neighborhood.

Non-residential use sign means a sign for any use other than a residential dwelling within a residential zoning district including a house of worship, school, or similar use.

On-premises sign means a sign with a message related to a business or profession conducted or to a commodity, service, or activity offered on the premises where the sign is located.

Off-premises sign means a sign with a commercial message related to a business or profession conducted or to a commercial commodity, service, or activity offered off the premises where the sign is located, including billboards. Such signs are also called non-point of sale signs.

Portable sign means a sign designed to be easily movable from one location to another. This includes hot air and gas filled balloons, air-activated signs, pennants, streamers, ribbons, pinwheels, and any signs mounted on a portable structure, including those with wheels. This definition does not include vehicle signs or yard signs.

Public sign means a sign erected in the public interest by or upon orders from a local, state, or federal public official, including legal notices, traffic control signs in compliance with the Michigan Manual of Uniform Traffic Control Devices, safety signs, signs warning of any hazard or danger, any sign required to be placed by law, and other similar signs.

Roof sign means a sign erected above the roof line of a building. The roofline shall mean the top edge of a roof or parapet wall, whichever is higher, but excluding any cupolas, chimneys, or other minor projections. The roofline is the highest point of the roof surface if a flat roof; to the deck of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

Sign means any device, structure, fixture, or placard using words, numbers, figures, graphic designs, logos or trademarks to advertise, inform, or otherwise attract the attention of persons, including any interior and exterior signs visible from any public street, sidewalk, alley, park, or public property. For purposes of this article, the definition of "sign" shall not include any of the following:

• Signs primarily directed at persons within the site upon which the sign is located.

• Decorations that are not displayed in a manner that promotes commercial activity including holiday lights, lawn ornaments, balloons, and miniature flags.

• Any decorations or symbols that do not constitute a readily discernible message.

Sign copy means any words, numbers, figures, graphic designs, logos or trademarks which constitute the message of the sign.

Temporary sign means any sign intended to be displayed in one location for a limited period not to exceed two consecutive months. Any sign located in the same place for longer than two consecutive months shall be considered a permanent sign. Temporary signs shall include portable signs and yard signs.

Vehicle sign means a sign painted or otherwise attached to a vehicle, including signs on a truck trailer, where the intended primary purpose of the vehicle is for its use as a sign, as determined by the zoning administrator. Any vehicle with signage parked in the same location for more than 48 consecutive hours or for more than two days per month, including inoperable vehicles, shall be considered a vehicle sign.

Wall sign means a sign attached parallel to and extending not more than 12 inches from a building wall. Painted signs, signs which consist of individual letters, cabinet signs, and signs mounted on the face of a mansard roof shall be considered wall signs.

Window sign means a sign located on the inside of a window which is intended to be viewed from the outside. Signs placed on the outside of a window shall be considered wall signs.

Yard sign means a temporary sign designed for a limited display period typically in the front yard of a parcel and often constructed with cardboard, plastic, wood, or similar materials.

(Ord. No. 172, 1-9-2019)

Signs shall be permitted according to the following table:

(Ord. No. 172, 1-9-2019)

The following signs shall be prohibited in any zoning district in the township:

(1)

Animated signs.

(2)

Roof signs.

(3)

Vehicle signs.

(4)

Signs attached to utility poles or trees.

(5)

Any off-premises sign which contains a commercial message unless expressly permitted elsewhere in this article or by another jurisdiction, except incidental signs.

(6)

Portable signs used as permanent signs, unless otherwise provided for in this article.

(7)

Signs with illumination that is distracting or dangerous to the public safety including high intensity lights, flashing or oscillating lights, glaring or undiffused lights or bulbs, lasers, bare and unshaded bulbs, and flames.

(8)

Signs that obstruct or impair the vision of roadway users at any intersection, driveway, within a parking lot, or loading area.

(9)

Signs that simulate or could in any way be confused with the lighting of emergency vehicles or traffic signals.

(10)

Any sign which obstructs a window, door or other opening used for a fire escape.

(11)

Any sign containing obscene or indecent matters.

(12)

Any sign not expressly permitted by this article.

(Ord. No. 172, 1-9-2019)

(a)

Sign area shall be measured by enclosing the most protruding points or edges of a sign face within a parallelogram or rectangle including any frame. For monument signs, the base structure shall not be included in the sign area measurement.

(b)

Where a sign has two or more faces, the area of only the larger sign face shall be considered when calculating the maximum size, provided all faces are part of the same structure, back-to-back, and are separated by no more than two feet.

(c)

Wall sign area shall be determined by enclosing the portion of the wall containing the sign copy within a parallelogram or rectangle. Signs placed on canopies shall count towards the allowable wall sign area.

(Ord. No. 172, 1-9-2019)

The following conditions and procedures shall apply to all signs erected or located in any use district:

(1)

Requirements. All signs shall conform to the Rose Township Sign Ordinance, including obtaining required sign permits, posting of bonds, and inspections.

(2)

Existing signs. All existing signs in place at the time of adoption of this article, and that are properly maintained, shall be considered as existing nonconforming signs and shall be permitted to continue. Such signs shall not require a sign permit.

(3)

Accessory to a permitted use. Signs shall only be permitted as an accessory structure located on a lot occupied by a principal permitted use.

(4)

Corner clearance area. All signs shall be placed outside of the corner clearance area as described in section 38-369. A greater clearance area may be required by the Oakland County Road Commission. Furthermore, signs shall not be permitted where they obstruct motorist vision of regulatory signs, traffic control devices, or street signs. The zoning administrator is authorized to remove signs in violation of this provision and shall retain the removed signs for ten days to allow for pick-up by the owner.

(5)

Illumination. Signs shall be illuminated only by steady, stationary shielded light sources directed solely at the sign, or internal to the sign. External lights directed at the sign shall be shielded to prevent glare and light pollution onto all adjoining properties and thoroughfares. Sign lighting shall comply with exterior lighting requirements in section 38-445. Underground wiring shall be required for all illuminated signs not attached to buildings.

(6)

Maintenance. All signs shall be constructed and maintained in a manner consistent with the building code provisions and shall always be maintained in good structural condition. Signs shall be kept neatly painted, stained, sealed or preserved including all metal parts and supports. The township shall notify the property owner of any damaged signs, and the property owner shall remedy such condition by repairing or removing the signs. Any sign which is not properly maintained, damaged, and/or not repaired upon notification of the property owner, shall be considered as abandoned. The township may remove and dispose of an abandoned sign and hold the property owner liable for any costs incurred by the township in the removal of such sign.

(Ord. No. 172, 1-9-2019)

The following conditions and procedures shall apply to all signs which require a sign permit:

(1)

Prior to the installation of any sign, the owner of the property upon which the sign is to be located and the person installing the sign shall complete a sign permit application and submit it to the township. Upon completion of an application, the township shall issue a sign permit upon payment of all fees and receipt of the required cash performance bond.

(2)

Any sign not installed by the property owner shall require written authorization from the owner of the property upon which the sign is to be placed and such authorization must be provided to the township upon request.

(3)

All sign permits shall be issued by the township and shall be valid for four years from the date of issuance. At any time within 30 days prior to the expiration date of such permit, the permit may be renewed upon the written completion of a sign permit application properly filed with the township. The township shall issue a renewal sign permit upon payment of all fees and receipt of the required cash performance bond.

(4)

Any sign which costs more than $500.00 to construct shall require a cash performance bond equal to 50 percent of the construction cost. There shall be a written agreement by the owner and the occupant of the property upon which the sign is to be located, along with the person erecting the sign, that they will abide by all regulations within this article and upon termination of the sign permit or any reason will remove the sign at their own cost. If any party defaults in such agreement, the township may cancel the sign permit and the applicant may forfeit the cash performance bond, and if the sign is not removed, the township may remove and dispose of the sign without liability to the township.

(Ord. No. 172, 1-9-2019)

The following conditions and procedures shall apply to all signs which require a sign permit:

(1)

Upon completion of construction of any sign in accordance with these provisions, there shall be a required inspection conducted by the zoning administrator after the expiration of four years and every four-year anniversary thereafter. Said inspection shall be undertaken by the zoning administrator when his records show that the time has elapsed requiring the same. Upon inspection and certification of the given sign as to its safety and adequate maintenance, based on the requirements of the state construction code, the zoning administrator shall issue a certificate of compliance for the sign. This certificate would be issued after inspection, certification and payment of the inspection fee.

(2)

The zoning administrator shall, as necessary to protect the health, safety, and welfare of the township, or upon complaint to his office, voluntarily inspect any sign which may be in violation of this chapter. If a violation is found, then the zoning administrator shall notify the owners of said violation by certified mail and designate a reasonable time for the correction of the same. The zoning administrator shall charge an inspection fee for all inspections incurred when a violation is found to exist. No fee shall be charged if upon inspection of the sign, there is no violation. The amount of the inspection fee shall be set by the township board.

(Ord. No. 172, 1-9-2019)

Any person violating any of the provisions of this chapter shall be responsible for committing a municipal civil infraction and subject to penalties set forth in chapter 18, article III, pertaining to municipal civil infractions. Each day that a violation occurs shall be deemed a separate offense.

(Ord. No. 172, 1-9-2019)

Any sign permitted to contain commercial messaging, including advertising structures under the Highway Advertising Act, MCL 252.301, is permitted to substitute a non-commercial message for a commercial message. This clause is intended to prevent any inadvertent favoring of commercial speech over non-commercial speech that may be implied by any other part of this article.

(Ord. No. 172, 1-9-2019)

The planning commission shall have the ability to waive or modify any of the above standards, provided that the criteria below are met. A waiver granted under this section shall apply only for the lifespan of the sign in question and shall not be transferable to any other sign or premises; however, nothing in this section shall prevent an applicant from exercising their right to appeal for a variance from the zoning board of appeals.

(1)

The applicant provides all requested information and pays all applicable application and review fees.

(2)

The proposed sign does not endanger the general health, safety, and welfare of the public by being distracting to drivers, obscuring vision, being unnecessarily bright, being poorly designed or constructed, or in any other way.

(3)

The sign does not detract from the character of the surrounding area.

(4)

The sign does not block the view of other nearby signs to the extent that it would harm the ability of neighboring businesses to operate.

(5)

The sign will not be a nuisance to any residential uses.

(6)

A sign designed to meet the standards of this article would not adequately serve the purpose desired by the applicant.

(Ord. No. 172, 1-9-2019)