The intent of this article is to regulate the location, size, construction, design and architectural compatibility with the surrounding areas and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. While this article recognizes that signs and outdoor advertising are necessary to satisfy the needs of sign uses for adequate identification and communication, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of business and residential areas of the city, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists and other impacts that are contrary to the purpose and intent in the article.

The following municipal interests are considered by the city to be compelling government interests. Each interest is intended to be achieved under this article that represents the least restrictive means of accomplishing the stated interest, and in all events is intended to promote an important government interest that would not be effectively achieved absent the regulations in this article. Regulating the location, size, construction, and manner of display of signage in the most narrowly tailored manner represents the least restrictive means of addressing the targeted government interests of avoiding unsafe and nuisance-like conditions while maintaining and improving pedestrian and vehicular safety and efficiency; character and quality of life; economic development and property values; property identification for emergency response and wayfinding purposes; and unique character of areas of the city.

(1)

Public safety. Maintaining pedestrian and vehicular safety are predominant and compelling government interests throughout the city, with particular emphasis on the safety of pedestrians. The sidewalk network provides facilities for pedestrians situated between vehicular roads and private properties throughout the city. The city encourages signage that will inform motorists and pedestrians of their desired destinations without conflicting with other structures and improvements. These interests are legitimately supported by limiting the maximum size of signage, providing setbacks, and specifying minimum-sized characters for efficient perception by motorists and pedestrians, while minimizing distractions that could put pedestrians at risk.

Since most signage on the private properties is intended and designed to attract the attention of operators of motor vehicles, thereby creating distractions that can jeopardize traffic and pedestrian safety, this article is intended to regulate signs so as to reduce such distractions and, in turn, reduce the risk of crashes, property damage, injuries, and fatalities. This article is also intended to protect public safety by requiring signs that are poorly maintained and/or structurally unsafe to be repaired or removed to protect against fallen signs or deteriorating sign debris from entering improved roadways, sidewalks and safety paths and causing dangerous conditions for vehicular traffic and pedestrians.

(2)

Character and quality of life. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the city. This article intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the city's character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities, and unique experience within the city. It is also the intent of this Article that signs will reflect the character of unique districts as may be established by the city's master plan, other adopted plans, or this article and other parts of this zoning ordinance.

(3)

Economic development and property values. The establishment of the restrictions in this article has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this article allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement.

(4)

Avoidance of nuisance-like conditions. Due to the concentration of people and activities, there is a potential for blight, physical clutter, and visual clutter in the city. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character, and quality of life in the city.

Ultimately, These regulations are compelling and important for the protection of all public health, safety, and welfare, as described below:

(1)

An excessive number of signs in one location creates visual blight and clutter, as well as confusion of the public. Thus, limiting the number of signs on properties, establishing setbacks from property lines, and requiring reasonable spacing between signs are compelling interests that can be directed with minimum regulation.

(2)

Signs that are too large can lead to confusion, undermine the purposes of the signs, and ultimately lead to physical and visual clutter. Establishing maximum sizes can be the subject of clear and effective regulations that address this compelling and important interest.

(3)

Requiring maintenance specifications for signs can minimize the creation of blight and clutter due to the deterioration of signs that are not durable or otherwise well-constructed, and such regulations would be consistent with construction codes for other structures.

(4)

There is a compelling governmental interest that signs avoid glare, light trespass, safety, and skyglow. The selection of proper fixture type(s) and location, use of supportive lighting technology, and control of light levels in a reasonable fashion is consistent with regulations that are narrowly tailored to achieve the city's interests.

(5)

Property identification for emergency response and wayfinding purposes. Locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes.

(6)

Maintaining unique character of areas of the city. This article acknowledges the unique character of certain areas and districts, and establishes special time, place and manner of regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts.

(7)

Protection of the right to receive and convey messages. The important governmental interests and regulations contained in this article are not intended to target the content of messages to be displayed on signs, but instead seek to achieve non-speech objectives. In no respect do the regulations of signage prohibit a property owner or occupant from an effective means of conveying the desired message. Nothing in this article is intended to prohibit the right to convey and receive messages, specifically noncommercial messages such as religious, political, economic, social, philosophical, or other types of speech protected by the First Amendment of the United States Constitution.

(Ord. No. 857, § 2, 8-21-23)

(1)

Location: All signs shall be located on the premises to which the sign is accessory, unless specified elsewhere in these regulations.

(2)

Safety:

A.

All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the city. In the event of conflict between this section and other laws, the most restrictive shall govern.

B.

All signs shall be placed so as to not interfere with the visibility or effectiveness of any official traffic sign or signal, motorist or pedestrian, or the clear vision are required in section 7.04.

C.

No sign shall be erected, relocated, or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape.

(3)

Illumination:

A.

No sign shall be illuminated by other than electrical means.

B.

The light from illuminated signs shall be directed in a manner that will not interfere with vehicular traffic or with the enjoyment or use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.5 foot-candle along the adjacent property line. All externally illuminated signs shall have a shielded light fixture.

C.

No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing.

D.

No exposed reflective type bulbs and no strobe lights or incandescent lamps shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public road or adjacent property.

E.

The illumination provisions above shall not apply to sign lighting systems owned or controlled by any public agency for the purpose of directing traffic.

F.

Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window.

G.

Awning signs shall not be "back-lit."

(4)

Prohibited signs: All signs not expressly permitted under this Ordinance are prohibited in the city. Such prohibited signs include, but are not limited to, the following:

A.

Beacons.

B.

Pennants.

C.

Portable signs, including those mounted on vehicles, except as otherwise permitted by this zoning ordinance.

D.

Roof signs.

E.

Inflatable signs and tethered balloons.

F.

Animated signs as defined in section 2.07, except non-permanent, light projections shone such that the light projection is contained entirely on the surface of a building with the building owner's express permission between 5:00 p.m. and midnight each day for no longer than 40 days in any calendar year which is allowed in any zone district after obtaining a sign permit. Such non-permanent, light projection shall only be allowed across a right-of-way if MDOT or the body that has jurisdiction over the right-of-way approves and the projection is shone at a height so as not to project onto pedestrians or vehicles. Further, this provision is not intended to exclude those signs which give the time or temperature, provided no other animated messages are displayed.

G.

Signs affixed to trees, rocks, shrubs, or natural features.

H.

Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices or signs which make use of words such as "Stop," "Look", "Danger", or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead or confuse traffic.

I.

Permanent signs (other than those erected by a public agency with a permit from the City of Saline) which are located within or overhang the public right-of-way or on public property unless specified elsewhere in these regulations.

J.

Any strobe, flashing, or oscillating lights either from the interior or exterior of a building.

K.

Moving signs. Except as otherwise provided in this article, no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a non-stationary or fixed condition except for the rotation of barber poles, and except currently licensed vehicles and trailers which have painted upon them in a permanent manner the name of the product which they deliver and/or the name and address of the owner.

L.

Abandoned signs. A sign which, for six months or more, that is located on a vacant property or serves a building that is vacant shall be presumed to be abandoned and shall be deemed a nuisance per se.

M.

Signs which emit audible sound, odor, or visible matter.

N.

Exterior string lights used to advertise a commercial premises.

O.

Any sign erected on a tree or utility pole.

P.

Awning signs with rear illumination.

Q.

Vehicular signs.

R.

Suspended signs.

S.

Any sign or sign structure which is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with the sign or sign structure.

(5)

Exempt from zoning compliance sign permits:

A.

Incidental signs that direct the flow of pedestrian and vehicular traffic on private property. Unless otherwise approved as part of a site plan submittal, incidental signs shall not exceed four sq. ft. in area per side and seven feet in height, shall contain no advertising other than the name of the business or a logo, and may be illuminated. Such signs shall be limited to four per property and no such sign is allowed at a driveway entrance.

B.

Incidental signs that direct the flow of pedestrian and vehicular traffic on school campuses. Unless otherwise approved as part of a site plan submittal, such incidental signs shall not exceed 12 sq. ft. in area per side, seven feet in height, and shall contain no advertising other than the name of the school and/or school logo. Such signs shall be limited to two per property and may be illuminated. Such signs shall not be closer than ten feet from the front property line and are subject to Saline's clear vision requirements in section 7.04 of the Saline Zoning Ordinance.

C.

Signs erected for traffic safety purposes by public road agencies.

D.

Painting, repainting, cleaning, and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

E.

Integral signs, not to exceed a maximum area of six sq. ft.

F.

Paper notices placed on kiosks as approved by the city.

G.

Flags, when the following regulations are met:

a.

The maximum number on a zoning lot is four flags.

b.

One flag is allowed per flag pole.

c.

The minimum setback is 15 feet. When site plan review is required, the location of flag poles shall be indicated on the site plan.

d.

Each individual flags shall be limited to 40 sq. ft. in area.

H.

Permanent signs on vending machines or ice containers, provided that such devices must be located within ten feet of the building.

I.

Window signs which occupy 25 percent or less of the total window area of a building. Signs which occupy greater than 25 percent of the total window area shall be prohibited and considered a violation of this ordinance. There is no maximum display time for these types of signs.

J.

Balloons less than 18 inches in diameter and/or length are permitted subject to the following:

a.

Balloon displays shall not obstruct visibility of vehicles or pedestrians and be maintained at a maximum height of six feet above ground level.

K.

Banner signs installed by the city. Such signs shall be attached top and bottom or on two sides to permanent structural members on a post or building erected for another purpose. Such signs require the permission of the city manager.

L.

Residential wall plates, not to exceed a maximum area of two sq. ft.

(Ord. No. 857, § 2, 8-21-23; Ord. No. 865, § 1, 5-6-24)

(1)

General requirements.

A.

Within all non-residential zoning districts, only one ground sign shall be permitted per zoning lot, with the following exceptions:

1.

If the frontage of a zoning lot exceeds 400 linear feet along a single road frontage two such ground signs may be permitted.

2.

One additional ground sign may be permitted at a secondary entrance if it is not located on the same road as the primary entrance.

3.

One additional ground sign may be permitted at a secondary entrance if it is located on an internal drive and not visible from the road.

B.

One ground sign may be permitted at the primary entrance of a one-family subdivision, site condominium development, multiple-family development, or mobile home park.

C.

Within all residential zoning districts, only one ground sign shall be permitted per zoning lot for the purpose of identifying a nonresidential (commercial) special land use. One additional ground sign may be permitted at a secondary entrance if it is not located on the same street as the primary entrance. Size and location shall be determined during site plan review. Maximum area is provided in Table A below.

D.

One freestanding identification may be on the premises of a shopping center, office park, industrial park or other integrated group of stores, commercial buildings, office buildings or industrial buildings, that meet the following standards:

1.

The sign area shall not exceed one square foot per front foot of building or buildings for which it is erected; up to 150 sq. ft. in area.

2.

The maximum height is 15 feet in height.

3.

If the lot fronts on two or more collector or arterial roads one such sign may be permitted for each frontage.

E.

Within all PUD districts, the number and size and location of ground signs shall be determined by the intended use of the premises, subject to the review and approval of the city during PUD plan review.

F.

Ground signs shall be set back a minimum of ten feet from all road rights-of-way and shall be located no closer than 15 feet from the edge of the principal entrance driveway and all property lines. The location of all ground signs is subject to Saline's clear vision requirements in section 7.04 of the Saline Zoning Ordinance.

G.

All internally illuminated ground signs shall have a background darker than the lettering. If a ground sign has an opaque background and only the letters are illuminated a ground sign may have a non-illuminated light background.

H.

The support structure for a ground sign shall not exceed 25 percent of the maximum permissible area of the sign measured by viewing the elevation of the sign perpendicular to the sign face, unless otherwise approved during the site plan review process.

I.

Up to two additional signs may be permitted for businesses with a drive-through component. Such signs shall not exceed 15 sq. ft. in area per sign, per face or eight feet in height and shall be located only on internal drives to serve the drive-thru portion of the development.

J.

Electronic message signs shall be permitted in the C-3, SPA-1, I-2, and I-4 zoning districts. An electronic message sign shall be allowed as either a freestanding or wall-mounted sign. Such signs shall be allowed by permit subject to the following conditions:

1.

Display:

a.

The electronic display shall not be animated, flashing, or scrolling.

b.

The frequency of message change shall be restricted to no more than once every 15 seconds.

c.

Display of messages shall be limited to those services offered on the property and time/temperature display.

2.

Area, size, and height:

a.

The maximum area of an electronic message board shall be considered a part of a wall or ground sign and shall not exceed 75 percent of the total sign area allowed.

b.

If not integral to the sign, any means of powering a sign that is visible, including, but not limited to, solar panels shall count towards the maximum area calculation.

3.

Glare and lighting:

a.

Glare and lighting created by electronic message board signs shall be in accordance with section 7.09 of the Saline Zoning Ordinance. Electronic message board signs shall not be permitted when facing a parcel zoned R-1, R-1A, R-1B, R-1C, R-2, R-3A, or R-3.

b.

Electronic message signs must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section.

c.

Illumination levels do not exceed 0.5-foot candles at ground level along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed one foot-candle at ground level along property lines.

(2)

Maximum height and area requirements for ground signs. Ground signs shall meet the maximum height and area applied within each use-based zoning district according to the following schedule. The maximum height and area for ground signs within business centers are pursuant to paragraph 4 above:

Table A—Ground Signs

*

One additional foot in height may be permitted for each additional foot setback beyond the required front setback as noted in section 12.04(1)F. In no case shall a sign exceed 15 feet in height regardless of setback.

(Ord. No. 857, § 2, 8-21-23; Ord. No. 865, § 2, 5-6-24)

(1)

General requirements:

A.

Within all non-residential zoning districts, a combination of building signs may be established not to exceed the maximum sign area per "Table B" for each zoning lot (for a single business), with the following exception:

1.

Signs for multiple-tenant shopping centers or multi-tenant buildings shall not exceed one square foot of sign area per one lineal foot of building frontage per tenant.

2.

Within all PUD districts, the number and size of wall signs shall be determined by the intended use of the premises, subject to the review and approval of the city, during PUD plan review.

3.

Awnings must be over doorways or windows. Awning signs and awning shall be limited to three colors. Black and white are defined as colors. Awnings with graphics will be considered an awning sign and may not exceed the allowable square footage of signage.

4.

One projecting sign may be permitted for each business within the D-1 downtown core district or the D-2 downtown edge district. The projecting sign may be a maximum of 16 square feet in area (each side) and shall be included in the total amount of signs permitted for the subject building. Changeable copy and electronic message boards shall not be permitted as a part of projecting signs. Projecting signs must provide a clear distance of nine feet from the sidewalk or private drive or parking lot to the bottom edge of the sign. Projecting signs may extend over abutting sidewalk, but shall not extend over public or private roadways, or parking areas. Signs which extend into the road right-of-way shall require approval by the Michigan Department of Transportation (MDOT) and/or the city. The leading edge of a projecting sign shall not extend more than five feet from the face of the building that it is attached to.

5.

An additional projecting sign, with a maximum of eight square feet in area (each side) may be permitted in public and private alleyways. Such a sign shall not be included in the total amount of signage permitted for a subject building. Changeable copy and electronic message boards shall not be permitted as a part of projecting signs. Projecting signs must provide a clear distance of nine feet from the alley to the bottom edge of the sign. The leading edge of a projecting sign shall not extend more than five feet from the face of the building that it is attached to.

6.

Channel letter signs are considered to be wall signs that are mounted so that the face of the letters are parallel to the building wall. Mounting regulations for channel letter signs, from wall to outermost face, are as follows:

a.

Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.

b.

Channel letters with remote transformers shall not extend more than 12 inches from the building wall.

c.

Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.

d.

Channel letter signs must provide a clear distance of nine feet from the sidewalk to bottom edge of the sign, but shall not extend over public or private roadways, or parking lots.

B.

Within all residential zoning districts, a combination of building signs may be established for public/quasi-public facilities not to exceed the maximum sign area for the professional business district (PB) per "Table B" for each zoning lot. These signs shall not be internally illuminated.

C.

[Distance from wall.] A cabinet flat wall sign shall not exceed more than 12 inches from the building wall. Other wall signs shall not exceed more than eight inches from the wall.

(2)

Maximum area requirements for building signs. Building signs shall meet the requirements within each zoning district according to the following schedule:

(Ord. No. 857, § 2, 8-21-23; Ord. No. 865, § 3, 5-6-24)

Outdoor advertising signs are permitted only in accordance with the following regulations:

(1)

Outdoor advertising signs are permitted only on undeveloped and vacant unimproved lots in C-3, I1, I-2, and I-4 districts, and shall be considered the principal use of such lots. Such signs shall not be placed on a lot with any other building thereon, and no structure shall be placed on a lot on which such sign is located.

(2)

Where two or more outdoor advertising signs are located along the frontage of a street or highway, they shall not be less than 300 feet apart. A double-face (back to back) or a V-type structure where the interior angle of said "V" does not exceed 20 degrees shall be considered a single sign.

(3)

The total surface area, facing in the same direction, of any outdoor advertising sign shall not exceed 300 square feet. Such signs may be single-face or double-face, but no such sign shall contain more than two faces, signs or panels.

(4)

No outdoor advertising sign shall be more than 20 feet in height from ground level, provided, however, that the permitted height may be increased to a maximum of 40 feet by the zoning or code inspector, if it can be shown that excessive grades, building interference, bridge obstruction and similar conditions obstruct views of the sign.

(5)

No outdoor advertising signs shall be erected on the roof of any building, nor have one sign above another sign.

(6)

Such signs shall be setback a minimum 40 feet from any property line.

(7)

No outdoor advertising sign shall be located within 500 feet of any residential district. No billboard may be erected within 500 feet of any park, playground, school, residential dwelling or church, or within 50 feet of any street.

(Ord. No. 857, § 2, 8-21-23)

The following principles shall control the computation of sign area and sign height:

(1)

Computation of area. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. Where a sign has two or more faces, the area of all faces shall be included in determining the total area of the sign. A two-faced sign may include a "V" or "wing" type sign with the condition that the interior angle of the "V" not exceed 45 degrees to limit the visibility of the sign from a single viewing position. If the interior angle of the two-sided "V" type sign exceeds 45 degrees, the sign will be considered a single-sided sign and not a double-sided sign for the purpose of calculating sign are.

(2)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

a.

Existing grade prior to construction; or

b.

The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower.

(Ord. No. 857, § 2, 8-21-23)

Temporary signs shall be permitted in accordance with the regulations herein:

(1)

Permit required. Unless specified elsewhere in this ordinance a permit shall be required to display any temporary sign described by these regulations. Such permit shall be issued by the city zoning or code inspector or designee and shall clearly specify the name, address and telephone number of the applicant as well as the title and dates of the event advertised and authorized location for placement of the sign. A permit fee, if any, is to be established by resolution of the city council.

(2)

Residential yard signs. The following temporary signs may be erected in accordance with the regulations of this ordinance without a permit:

(3)

Non-residential temporary signs. All non-residential temporary signs must meet the following requirements:

A.

Four non-residential temporary signs shall be permitted per parcel, except those signs where an additional number is permitted in the time frame and conditions specified in this ordinance.

B.

Non-residential temporary signs shall not be illuminated.

C.

Non-residential temporary signs shall meet the requirements within each zoning district according to the following schedule, except those signs where additional area is permitted during the time frame and conditions specified in this ordinance:

*

Total sign area is calculated by taking the sum of all sign faces.

**

Non-residential temporary signs located in residential districts shall conform to the regulations established for the Professional Business District (PB).

(4)

Standards for all temporary signs. Temporary signs shall meet the following standards:

A.

Temporary signs shall be constructed of durable, all-weather materials and designed to remain in place and in good repair so long as they remain on display.

B.

Temporary signs on private property must be setback five feet from public property or the road right-of-way and are subject to Saline's clear vision requirements in section 7.04 of the Saline Zoning Ordinance.

C.

Unless specified elsewhere in this ordinance, the maximum display time of temporary signs is 30 days. After this time expires, the sign shall be removed. Once a temporary sign is removed, there shall be a minimum gap of 30 days before another temporary sign can be displayed on the same property. The cumulative display time for any combination of temporary signs on the same property shall not exceed 30 days within any consecutive 60-day period.

D.

In recognition that there is a need for additional expression of speech prior to a scheduled election, the following applies for a period of 60 days prior to and five days after a local, state, or national election day: the maximum allowable area of non-residential temporary signs shall be increased to 64 sq. ft. per parcel in all districts. The maximum number of signs shall be increased to eight. The maximum area of an individual sign remains as stated in the table above during this period.

E.

When all or a portion of a building or land area is listed for lease or when all or a portion of a building or land area is listed for sale, the maximum display time of freestanding temporary signs for all uses and temporary signs mounted on buildings for all uses except residential uses shall be the duration the building, building unit or land is listed for lease or for sale. The sign area shall not exceed 32 sq. ft. per side.

F.

When all or a portion of a non-residential parcel is under construction, the following regulations apply:

1.

The maximum area of the sign shall not exceed 32 sq. ft.

2.

The maximum height is eight feet.

3.

The minimum setback is 15 feet from any public right-of-way unless attached to a building, construction fence, or barricade.

4.

All such signs shall be removed promptly upon completion of construction.

5.

No more than one temporary sign shall be permitted per thoroughfare frontage.

G.

Portable sidewalk signs may be allowed in the following circumstances:

1.

Due to the unique nature of the D-1 downtown core district portable sidewalk signs may be permitted subject to the following:

a.

The maximum area of a sidewalk sign is six square feet per side with no dimension greater than three feet.

b.

The sign shall be located on the building side of the sidewalk in such a manner that a pedestrian travel area width of five feet is maintained between the sign and any tree grate or other street elements along the curb side of the sidewalk.

c.

The sign shall not unreasonably interfere with the view, access to, or use of adjacent property.

d.

A sign permit is not required for each sidewalk sign displayed.

e.

Sidewalk signs shall be removed after business hours.

f.

Sidewalk signs within the road right-of-way shall require approval by the Michigan Department of Transportation (MDOT) and/or the city.

H.

For multi-tenant shopping centers portable sidewalk signs may be permitted subject to the following:

1.

The maximum area of a sidewalk sign is six square feet per side with no dimension greater than three feet.

2.

The sign shall be located directly in front of the tenant space on the adjacent pedestrian walk. A pedestrian travel area of five feet must be maintained along the walkway. In no circumstances shall a portable sidewalk sign be located within a parking area or landscape area of the site.

3.

The sign shall not unreasonably interfere with the view, access to, or use of adjacent tenants or adjacent property.

4.

A sign permit is not required for each sidewalk sign displayed.

5.

Sidewalk signs shall be removed after business hours.

(Ord. No. 857, § 2, 8-21-23; Ord. No. 865, § 4, 5-6-24)

No signs shall be allowed in the public right-of-way, except for the following:

(1)

Signs erected by or on behalf of a governmental or other public agency to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(2)

Projecting signs pursuant to the provisions of these regulations.

(3)

Portable sidewalk signs pursuant to the provisions of these regulations.

(Ord. No. 857, § 2, 8-21-23)

(1)

A nonconforming sign shall not:

A.

Be structurally altered to change the shape, size, type or design of the sign.

B.

Be changed unless such change is in conformance with the provisions of this ordinance, except words or symbols displayed on such sign may be changed.

C.

Be relocated or replaced.

D.

Be reestablished after the activity, business or usage to which it relates has been discontinued for 90 days or longer and the city finds that there is an intent to abandon the sign except for a seasonal business. In the case of a seasonal business such activity, business or usage to which the sign relates shall have been discontinued for a period of 270 days and the city finds that there is an intent to abandon the sign.

E.

Be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 60 percent of the replacement cost as determined by the zoning or code inspector and the city finds that there is an intent to abandon the sign.

(2)

On the happening of subsections (1) A—C. above, the sign shall be immediately brought into compliance with this ordinance with a new permit secured thereto, or removed.

(3)

Nothing in this section shall relieve the owner or user of the property on which a legal nonconforming sign is located from the provisions of this ordinance regarding safety, maintenance and repair of signs, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.

(Ord. No. 857, § 2, 8-21-23)

The provisions of this ordinance shall not be construed to relieve or limit in any way the responsibility or liability of any firm, person or corporation which erects or owns any sign for personal injury or property damage caused by the sign; nor shall the provisions of this ordinance be construed to impose upon the city, its officers or its employees any responsibility or liability by reason of the approval of any sign under the provisions of the ordinance.

(Ord. No. 857, § 2, 8-21-23)

(1)

Except for legal nonconforming signs as defined by this article, if any sign, structural element or supporting framework is determined by the zoning or code inspector, or his or her designee, to be in violation of this article, a notice may be served on the owner of the premises on which said sign, structural element or supporting framework is located. The notice shall specify:

A.

The reason(s) why the city official has determined that the sign, structural element or supporting framework is in violation of this article.

B.

The time and place of a hearing before the city's planning commission. The owner(s) shall be given the opportunity to show cause at the hearing why the sign, structural element or supporting framework should not be removed, demolished, otherwise made safe, or properly maintained.

(2)

The notice shall be in writing and shall be served either personally or by certified mail, return receipt requested, addressed to the owner(s) address as shown on the city's tax assessment records. The notice shall be served upon the owner(s) at least ten days before the date of the hearing.

(3)

At the hearing required by subsection (2) above, the planning commission shall take testimony of the zoning or code inspector, the owner(s) of the premises, and any interested party. Not more than five days after completion of the hearing, the planning commission shall render a decision either closing the proceedings or ordering the sign, structural element or supporting framework removed, demolished, otherwise made safe, or properly maintained. The planning commission's order shall specify what action the owner(s) shall take and set a date by which the owner(s) shall comply with the order. Failure to comply with the order shall be considered a municipal civil infraction.

(4)

If the owner(s) fails to appear or neglects or refuses to comply with the order issued under this section, in addition to the issuance of a municipal civil infraction citation, the zoning or code inspector may take all necessary action to enforce the order, including employing the necessary labor and materials to perform any removal, demolition, abatement, repairs, maintenance or other required work to bring the sign, structural element or supporting framework into compliance with this article. All costs for the removal, demolition, abatement, repair, maintenance or other required work shall be the responsibility of the owner(s).

(5)

Notwithstanding other provisions of this section, whenever, in the opinion of the zoning or code inspector, there is imminent danger due to an unsafe sign, structural element or supporting framework, the zoningor code inspector may immediately take any action necessary to abate the danger caused by the unsafe sign, structural element or supporting framework.

A.

Prior to the initiation of the emergency measures provided above, the zoning or code inspector shall, if possible, attempt to contact the owner of the premises on which said sign, structural element or supporting framework is located to provide the owner opportunity to immediately address the imminent danger. If the owner cannot be reached, or if the owner refuses to address or addresses in an unsatisfactory manner the danger caused by the unsafe sign, structural element or supporting framework, the zoning or code inspector may immediately proceed with emergency measures.

B.

For the purposes of this subsection, the zoning or code inspector may employ the necessary laborand materials to perform the required work as expeditiously as possible.

C.

All costs for the abatement of the imminent danger caused by an unsafe sign, structural element or supporting framework pursuant to this subsection shall be the responsibility of the owner.

(6)

A sign shall be removed by the owner(s) of the premises upon which the sign is located within 30 days after the business which it advertises is no longer conducted on the premises and there is an intent to abandon such use. If the owner(s) fails to remove the sign, the city shall remove it in accordance with the provisions stated in sections 12.13(1) through 12.13(4) above. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs to advertise the type of business being conducted on the premises and provided the signs comply with the other provisions of this article.

(7)

The actual cost, plus accrued interest at the rate of one percent per month from the date of the completion of the work, incurred by the city in its removal, demolition, abatement, repair, maintenance or other required work pursuant to this section shall be charged by invoice to the owner(s) of the premises on which the sign, structural element or supporting framework was located.

A.

If payment is not received, the costs plus accrued interest shall be added to the next regular tax bill forwarded to the owner(s) by the city and such costs shall be due and payable at the time of payment of such tax bill. Additionally, the city treasurer may cause to be recorded a sworn statement showing the cost and expense incurred for the work and the date and premises on which said work was done. The recordation of such sworn statement shall constitute a lien on the premises, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, shall be subject to a delinquent penalty of one percent per month in the event it is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done, and shall be full notice that the amount of the statement, plus interest, constitutes a charge against the premises designated or described in the statement and is due and collectible as provided by law.

(Ord. No. 857, § 2, 8-21-23)

Compliance with building code. All signs shall comply with the appropriate detailed provisions of adopted city building codes relating to design, structural members and connections. Signs shall also comply with the provisions of the applicable electrical code and additional construction standards hereinafter set forth in this article.

(Ord. No. 857, § 2, 8-21-23)

(1)

Obstruction to exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

(2)

Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provisions of the building or fire prevention codes.

(3)

Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire.

(4)

Drainage. The roofs of all marquees exceeding 40 square feet shall be properly guttered and connected with down spouts to storm sewers so that water will not drip or flow into public sidewalks orstreets.

(5)

Freestanding signs. All freestanding sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures or poles shall be fabricated only from painted steel or such other materials as will meet adopted city building codes.

(6)

Electric signs. All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters' Laboratories, Inc., or other similar institutions of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnecting switch located in accordance with the provisions of the safety code.

(7)

Glass. When glass is used for sign letters or transparent panels it shall be at least double-strength thickness for sign areas up to and including 300 square inches. When glass is used for sign letters or transparent panels for sign areas in excess of 300 square inches at least one-quarter-inch wire glass shall be used and the maximum span between supports shall be four feet.

(8)

Strength of parapet wall. A wall must be designed for and have sufficient strength to support any sign which is attached thereto.

(9)

Supports and braces. Metal supports or braces shall be adequate for wind loading, as required in subparagraph A. following. Wire or cable supports shall have a safety factor of four. All metal, wire cable supports and braces and all bolts used to attach signs to bracket or brackets and signs to the supporting building or structures shall be of galvanized or of an equivalent material. There shall be no visible angle irons or unsightly supports. All such sign supports shall be an integral part of the sign.

(10)

Wind loads. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows:

A.

For solid signs, 30 pounds per square feet on one face of the sign.

B.

For skeleton signs, 36 pounds per square feet of the total face area of the letters and other sign surfaces, or ten pounds per square feet of the glass area of the sign as determined by the overall dimensions of the sign, whichever is greater.

(11)

Sign anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

(12)

[Sign placement.] All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or, pedestrian movement on any public sidewalk or safety path.

(13)

[Obstruction.] No sign shall be erected, relocated or maintained so as to obstruct firefighting or prevent free access to any door, window or fire escape.

(Ord. No. 857, § 2, 8-21-23)

(1)

Any of the following shall be a violation of this ordinance:

A.

To install, create, erect, or maintain any sign in a way inconsistent with the terms of this ordinance or that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located;

B.

To install, create, erect, or maintain any sign requiring a permit without such a permit.

(2)

Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation.

(3)

Unless specified elsewhere in this ordinance any signs placed within a road right-of-way (ROW) and on utility poles will be considered a violation of this ordinance and may be removed by the city at the expense of the owner.

(Ord. No. 857, § 2, 8-21-23)

Violation of the provisions of this ordinance shall be a municipal civil infraction. Enforcement of this ordinance may proceed through the municipal civil infraction process. Each day that such violation continues after receipt of written notice to remove a sign shall be deemed a separate offense. Violation of these regulations shall result in a revocation of the subject sign permit.

(Ord. No. 857, § 2, 8-21-23)