Spring Lake City Zoning Code
ARTICLE XV
Signs
§ 390-96 Intent.
Intent. This article is intended to regulate and limit the construction, erection, reconstruction, placement, size, and height of signs so as to protect public health and safety and promote the public welfare. This article is further intended to protect all zoning districts from visual chaos and clutter, eliminate distractions hazardous to motorists, protect appropriately identified uses from excessive signage, provide ability for the public to identify premises and establishments, encourage creativity of sign design, and enhance the aesthetics of the community.
§ 390-98 General standards for all signs.
All signs shall meet the following standards:
A.
A sign not expressly permitted by this article is prohibited. A sign shall pertain to the use or lot on which it is located, with the exception of temporary signs as authorized in § 390-100G, below.
B.
All signs shall conform to all applicable codes and ordinances of the Village and shall be approved by the Zoning Administrator. A sign must comply with this section unless exempted under § 390-100.
C.
Sign area.
(1)
The area of a sign shall be measured within a single, continuous rectangle which encloses the extreme limits of writing, representation, emblem, or any figure or 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, unless the supports or uprights contain writing, representations, emblems or any figure of similar character in which case the area of such shall be computed within the total sign area (Figure 390-94C).
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(2)
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 so that both faces cannot be viewed from any one point at the same time, and when such sign faces are at no point more than two feet from one another, the sign area shall be computed by the measurements of one of the faces. In the case of a sphere, the total surface area of the sphere shall be divided by two for purposes of determining the sign area.
D.
Height. Sign height shall be measured as the vertical dimension from the median natural grade to the highest point of the highest attached component of the sign. A sign shall not extend above the roof line of a building to which it is attached.
E.
Setbacks. All signs shall be set back a minimum of one-half of the front yard setback, except for sandwich board signs. However, no sign shall be placed in the clear vision area as shown in § 390-11A(2) nor in a similar clear vision area at the intersection of a driveway or private road or access with a private road or street.
F.
Illumination. When illumination is permitted, external or internal illumination shall comply with the following requirements:
(1)
Illumination shall not be flashing, oscillating, blinking, intermittent, or on-and-off type of lighting. Time and temperature numerals are exempt from this provision.
(3)
Illumination shall be arranged so that light is deflected away from adjacent properties so that no direct sources of light shall be visible to any motorist or pedestrian located in a public right-of-way or street easement or from any adjacent property.
(4)
External illumination. Any external lighting of signs shall be downward facing, shielded, or otherwise directed to illuminate only the sign face.
(5)
Internal illumination. Sign faces shall have an opaque background so that individual lamps are muted and cannot be distinguished behind the sign face. The sign face may have internally lit lettering, face lit channel lettering, or backlit lettering.
G.
Where a proposed sign appears to meet the definition of more than one sign, the most restrictive requirements and limitations of the defined sign types shall apply.
H.
Maintenance. Signs shall be maintained in a safe condition with proper bracing, anchorage, and foundation and be subject to inspection by the Zoning Administrator or other designated representative. Signs shall at all times be in a state of good repair, with all braces, bolts, clips, supporting frame, and fastenings free from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports that are not galvanized or made of rust-resistant metals.
§ 390-99 Sign permit required.
Unless listed as an exempt sign in § 390-100, a permit is required for all new signs or sign replacements.
A.
Application for a permit shall be made by submitting the following information to the Zoning Administrator:
(1)
A completed application on a form provided by the Village;
(2)
Payment of an application fee, which shall be nonrefundable, and which shall be established from time to time by resolution of the Village Council; and
(3)
A sketch plan with signs drawn to scale, showing the proposed location, type of sign, and specifications for the proposed sign, in detail sufficient to determine its compliance with the provisions of this article.
(4)
Sufficient other details to demonstrate that the proposed sign, including structural and electrical components, shall comply with the provisions of this chapter.
(5)
The written consent of the owner of record of the property on which the sign is proposed to be erected.
B.
No sign requiring a sign permit shall be erected or installed until an application is approved.
C.
If the proposed sign conforms with the provisions of this article, a permit shall be issued.
D.
The permit review may be eliminated if the required information is provided to the Planning Commission as part of a site plan review, in which case the Planning Commission shall recommend or grant approval, approval with conditions, or denial of the request as the case may be.
E.
Expiration. Approval of a sign permit shall expire one year from its effective date. If not completed within one year, unless an extension not to exceed one year has been granted by the Zoning Administrator, the permit shall expire. The Zoning Administrator may deny extension of time for the approved sign even if no substantial changes in circumstances are found.
§ 390-100 Exempt signs.
The following signs are exempt from the permit requirements of this article, but they shall conform to any other applicable standards of this chapter.
A.
Any public notice, traffic control, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
B.
Government signs.
C.
One sign per street address not exceeding two square feet in area and bearing only property numbers, post box numbers or names of occupants of residential premises and bearing no advertising message.
D.
Any sign wholly located within a building and not visible from outside the building. This does not include window signs.
E.
Holiday lights and decorations with no commercial message.
F.
Works of art that do not contain a commercial message.
G.
Flags and insignia of any nation, state, local government, community organization, and educational institution, except when displayed in connection with commercial promotion.
H.
Temporary banners covering a permitted and approved sign, provided that the banner does not exceed the size of the permitted and approved sign.
I.
Temporary signs, provided the following standards are met:
(1)
Yard signs, general.
(a)
A lot or parcel shall be limited to one sign per street frontage.
(b)
Signs shall not exceed seven square feet in area and 5 1/2 feet in height above the natural grade.
(c)
Extra signs shall be permitted during a time period of 30 days prior to an election date and removed within 10 days after the election date.
(d)
Signs shall be set back a minimum of five feet from any property line.
(e)
Signs shall be placed only on private property, with the permission of the property owner, and not in any right-of-way.
(f)
Signs shall not be illuminated.
(2)
Yard signs, construction sites.
(a)
A lot or parcel shall be limited to one sign per street frontage.
(b)
Signs shall not exceed 32 square feet in area and 5 1/2 feet in height above the natural grade.
(c)
Signs shall be set back from any property line a minimum of half the required front yard setback for the property or 10 feet, whichever is greater.
(d)
Signs shall not be erected on a construction site until a building permit has been issued and construction has begun. The sign shall be removed immediately upon completion of work or issuance of any occupancy permit, whichever occurs first.
(e)
Signs shall not be illuminated.
(3)
Yard signs, property for sale, lease, or rent.
(a)
One sign shall be allowed per street address on a property that is offered for sale, lease, or rent, with or without a building.
(b)
The sign shall not exceed six square feet for any single-family or two-family dwelling use or 32 square feet for any other use and shall not exceed 5 1/2 feet in height above the natural grade.
(c)
The sign shall only be displayed when the property is being offered for sale, lease, or rent.
(d)
The sign shall not be illuminated.
(e)
The sign shall be set back from any property line a minimum of five feet.
(f)
The sign shall be removed within 10 days after completion of the sale or lease or rent.
(g)
For properties with shoreline frontage, an additional sign of the same size and height as otherwise permitted may be placed in the yard abutting the shoreline.
(4)
Yard signs, garage sale.
(a)
Signs shall be limited to one on-premises location and three off-premises locations during the event of a garage sale.
(b)
Signs shall be located on private property.
(c)
Signs shall be limited to four square feet in area per side. The sign may be two-sided.
(d)
Signs shall be affixed to the ground and be freestanding.
(e)
Signs shall be displayed for no longer than three days prior to the garage sale and shall be removed promptly upon the end of the garage sale.
(5)
Off-premises signs. One off-premises sign is permitted when all of the following conditions are met:
(a)
It shall be located in the CBD or C zoning districts.
(b)
It shall be associated with an approved site plan or PUD.
(c)
It shall be removed when 75% of the project is sold, rented, leased or occupied.
(d)
It shall be limited to 24 square feet in area per side.
(e)
It shall be located at least 10 feet from any public right-of-way or private road easement/driveway.
(f)
It shall be located in private property with written permission granted from the property owner.
(g)
It shall be located outside of the clear vision area as defined by this chapter.
(h)
It may only be illuminated between the hours of 7:00 a.m. and 9:00 p.m.
(i)
It shall be made of wood, metal, or solid plastic and kept in good condition.
(j)
It shall not be located more than 500 feet from the subject property/development being advertised, unless otherwise approved by the Planning Commission.
(6)
Flag signs in nonresidential districts.
(a)
One flag sign shall be permitted per nonresidential establishment.
(b)
The flag sign shall be no more than 12 square feet in size.
(c)
The flag sign shall be displayed only during the hours an establishment is open to the public. The entire flag, including the structure, shall be removed during the hours that the establishment is closed.
(d)
The flag sign shall be permitted within any yard or attached to the wall of the building. If attached to the wall of a building, the flag sign must meet the following requirements:
[1]
Be affixed to the wall at least six feet above the adjacent grade; any portion of the flagpole over the public right-of-way shall maintain a minimum clear space of eight feet from the bottom of the flagpole to the ground.
[2]
The top of the flagpole shall be not more than 15 feet above the adjacent grade.
[3]
The flagpole shall not project more than three feet from the face of the wall to which it is attached.
(e)
The flag and its support shall not impede pedestrian movement, and shall not present a hazard to people or property.
(f)
For establishments in the Central Business District, whose property abuts a public sidewalk with flag stands embedded in the sidewalk, the flag may be displayed in the flag stand in the sidewalk, instead of on the building, under the following conditions:
[1]
No more than one flag is permitted to be displayed at any time.
[2]
The flag may only be located on the sidewalk when the Village is not using the flag stands for the American flag or other community use.
[3]
The flag, including the supporting structure, must be removed during the hours that the establishment is closed, and whenever requested to remove the flag by a Village official or designated representative.
[4]
The use of the sidewalk flag stand by any establishment fronting on Savidge Street is subject to approval by the Michigan Department of Transportation.
[5]
All flag signs shall be maintained in good condition at all times. Frayed or damaged flags shall be replaced or removed upon the first signs of damage.
(7)
Temporary signs for special events sponsored by governmental agencies or nonprofit organizations.
(a)
No more than five temporary signs shall be displayed for each special event. Such signs may be located either on or off the lot on which the special event is held.
(b)
The display of such signs shall be limited to the 21 days immediately preceding the special event.
(c)
Signs shall have a maximum size of 32 square feet in area and a maximum height of five feet.
(d)
Signs shall be removed within 48 hours of the conclusion of the special event.
J.
Village wayfinding signs consistent with accepted graphic identity and as approved by the Village manager on public or private property.
K.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
L.
Signs not exceeding two square feet in area per sign on the interior portions of any lot which direct and guide traffic and parking on private property, but bearing no advertising message.
§ 390-101 Prohibited signs.
The following signs shall be prohibited in any zoning district:
A.
Signs which are obsolete, that do not relate to existing establishment or products for sale or available on the site.
B.
Signs which are illegal under state laws or regulations or applicable local ordinances or regulations, and which are not consistent with the standards in this chapter.
C.
Signs that are not clean and in good repair, and signs that are out of compliance with applicable building and electrical codes.
D.
Signs not securely affixed to a supporting structure.
E.
Signs that are not official traffic signs that appear to or attempt to regulate, warn, or direct the movement of traffic, which interfere with or resemble any official traffic sign, signal, or device, or which may obstruct a motorist's vision.
F.
Searchlights, air-filled balloons, signs animated by forced air, and lighter-than-air signs are prohibited, except as otherwise permitted in this article.
G.
Except for projecting signs as permitted in this article, no sign shall be placed within or above any public right-of-way or upon any utility pole except as otherwise permitted in accordance with the state or local regulations. Any projecting sign that is to be placed over a Village right-of-way requires a license agreement with the Village or MDOT, as applicable, prior to installation.
H.
A sign located in a public right-of-way, or in a private road easement is prohibited, unless it is part of the traffic control information for that private road or street such as a public notice, traffic control, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
I.
Truck or trailer mounted signs. No sign or other advertising structure shall be painted on or be attached to a motor vehicle used primarily for the display of such sign, including, but not limited to, a billboard truck. This section shall not prohibit the identification of a business or its products or services on its vehicle(s) operated and parked in a manner appropriate to the normal course of business.
§ 390-102 Permitted signs.
In addition to the above standards, the following signs are permitted in the various zoning districts as follows:
Residential Districts: SFR and MDR | |||||
|---|---|---|---|---|---|
Type | Maximum Number | Maximum Area (square feet) | Maximum Height (feet) | Minimum Setback | Illumination |
Monument (non-residential use) | 1 per street frontage | 321 | 5 1/2 | 1/2 of required front yard setback or 10 feet, whichever is greater | Not permitted |
Wall (non-residential use) | 1 per street frontage | 32 | N/A | N/A | Not permitted |
Projecting (non-residential use) | 1 per street frontage | 10 | N/A | N/A | Not permitted |
Portable (non-residential use) | 1 | 32 | 6 | 5 feet from front property lines, 15 feet from side and rear property lines | Not permitted |
NOTES: | |
1 | If a monument sign advertises two or more establishments located on the same lot, the maximum sign area may be increased to 50 square feet. |
Nonresidential Districts: CBD and C | |||||
|---|---|---|---|---|---|
Type | Maximum Number | Maximum Area (square feet) | Maximum Height (feet) | Minimum Setback | Illumination |
Monument AND | 1 per parcel | 321 | 5 1/2 | 2 | Permitted |
Wall AND | 1 per wall facing a street or parking lot | All signs shall not exceed 15% of the front face of the building or 100 feet, whichever is less | N/A | N/A | Permitted |
Projecting AND | 1 per street frontage | 10 | N/A | N/A | Permitted |
Portable or portable changeable message OR | 1 per parcel | 32 | 6 | 5 feet from front property lines, 15 feet from side and rear property lines | Not permitted |
Sandwich board OR | 1 per customer entrance | 12 each sign face | 4 1/2 | N/A | Not permitted |
Banner OR | 3 per parcel | 50 | N/A | N/A | Not permitted |
Flag OR | 1 per establishment | 12 | N/A | N/A | Not permitted |
Pennant | String of pennants shall not exceed 2 times the width of the building façade | N/A | N/A | N/A | Not permitted |
NOTES: | |
|---|---|
1 | If a monument sign advertises two or more establishments located on the same lot, the maximum sign area may be increased to 50 square feet. |
§ 390-105 Electronic message boards.
[Amended 6-14-2021 by Ord. No. 368; 2-21-2022 by Ord. No. 375]
A.
Electronic message boards shall be permitted in the Central Business District and Community Commercial District, as well as in PUDs and for parcels containing churches, schools, civic uses, or municipal/government buildings or uses, subject to the following standards:
(1)
One electronic message board is permitted per parcel.
(2)
Electronic message boards are only permitted on monument, wall, or legally nonconforming pylon signs, subject to the following standards:
(a)
For monument signs, up to 50% of the permitted area of the monument sign may consist of an electronic message board.
(b)
For wall signs, any amount of the permitted area of the wall sign may consist of an electronic message board.
(c)
For legally nonconforming pylon signs, up to 32 square feet or 50% of the sign area, whichever is less, may consist of an electronic message board.
(3)
An off-premises sign shall not contain an electronic message board.
(4)
Electronic message board signs shall be fitted with automatic sensors that adjust their brightness and intensity during daylight and nighttime hours, which shall not be manually overridden at any time. The overall brightness and intensity shall only be enough to make the sign legible and shall not create a nuisance or a traffic hazard.
(a)
No digital message board shall create glare or have characteristics that impair the vision of motorists or create a nuisance for surrounding properties.
(5)
The timing between message transitions shall be limited to once per 10 seconds.
(6)
The electronic message board shall not have a scrolling, flashing, blinking, spinning, exploding, or any other similar animated effect, and shall generally function and have the appearance of a static sign.
(7)
It shall be the responsibility of the owner on whose property the sign is located to present to the Zoning Administrator, within 10 days of installation, documentation that the brightness of the electronic message board is compliant with this section.
§ 390-106 Standards for certain signs.
Following are general standards for specific types of signs.
B.
Temporary signs, unless exempted in § 390-100.
(1)
Banner.
(a)
The annual banner and pennant permit is valid from January 1 through December 31 of the year in which it is issued. A new banner and pennant permit must be obtained prior to the end of the calendar year in order for an establishment to continue to display a banner(s).
(b)
Banners may be changed periodically while the permit is valid without obtaining additional permits.
(c)
Banners shall be displayed for no more than 120 days in any one calendar year.
(d)
Attachment of a banner to utility poles and light poles shall be prohibited.
(e)
Banners shall not conceal architectural details or windows.
(f)
Banners shall be secured at every corner.
(2)
Pennants.
(a)
Pennants shall be displayed for periods of no more than 30 days. After 30 days, the pennants shall be removed from display. The pennants may be displayed for no more than three thirty-day periods in any one calendar year. There shall be an interval of at least 30 days between display periods.
(b)
Pennants shall be maintained in good, clean condition at all times. Frayed or damaged pennants shall be replaced or removed upon the first signs of damage.
(3)
Portable signs and portable changeable message.
(a)
One portable changeable message sign is permitted per establishment, regardless of the number of parcels occupied by the establishment.
(b)
The portable changeable message sign shall be displayed for a period of no more than 30 days. A portable changeable message sign is permitted for no more than three thirty-day display periods in any calendar year. There shall be an interval of at least 14 days between display periods.
(c)
A portable changeable message sign shall be located on the property of the applicable establishment.
(4)
Sandwich board signs.
(a)
Design.
[1]
Maximum sign face width shall be limited to 36 inches measured from sign legs.
[2]
Maximum sign height shall be limited to 4 1/2 feet measured from the ground to the top of the sign.
[3]
Sign bases shall be weighted with a minimum ten-pound ballast, colored solid black, to ensure sign stability in windy conditions.
[4]
The sign frame shall be constructed as specified by Village Council resolution.
(b)
Placement.
[1]
Signs must be truly portable and cannot be permanently affixed to any structure or sidewalk, and must be removed each day when the establishment is closed.
[2]
If signs are placed on sidewalks, the sidewalk must be wide enough to allow for at least five feet of width for unrestricted pedestrian movement with sandwich board signs in place.
[3]
Signs shall be placed to consider public safety, including: location and proximity of doorways; maximum distance between pedestrian obstacles; location of crosswalks; and other physical features of the location that affect sight distance, accessibility and safety.
[4]
Signs shall be placed a minimum of 48 inches from all obstructions within the sidewalk right-of-way, including newspaper boxes, outdoor tables/seating, trees and tree grates, bicycle racks, trash receptacles and any other item impeding pedestrian or wheelchair movement.
[5]
Signs shall be placed a minimum of 10 feet from a building corner or pedestrian crosswalk.
[6]
Signs shall be placed a minimum of 10 linear feet from the base of another sandwich board sign.
C.
Projecting signs.
(1)
A projecting sign shall not project more than three feet from the building wall to which it is attached.
(2)
Where a projecting sign, marquee sign, suspended sign, or similar element protrudes over any public or private sidewalk or walkway, a projecting sign shall have a minimum ground clearance of eight feet from the bottommost point of the sign structure to the walkway.
(3)
If any projecting sign or suspended sign is suspended over a public property, street, sidewalk, or alley, the owner of such sign shall keep in force a public liability insurance policy in the minimum amount of $1,000,000. In addition, when a sign is extending over a public right-of-way, an encroachment permit must be obtained, which will require showing the insurance coverage and will have to be renewed every three years. The licensee shall at all times carry liability insurance in such amounts as are satisfactory to the Village, and issued by companies acceptable to the Village, licensed in the State of Michigan naming the Village as an additional insured on any such policy. Licensee will file with the Village certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide that the Village shall be given 30 days' written notice before a cancellation in coverage may occur.
(4)
If at any time the insurance policy is canceled, the projecting sign or suspended sign shall be immediately removed. In the event the sign is not so removed, the Village of Spring Lake shall have the right to remove the sign and repair the facade at the expense of the property owner. If the property owner fails to promptly pay the expense, the amount may be added to the next annual tax bill issued for the property.
D.
Vehicular signs.
(1)
Signs shall only advertise the establishment, products, or services offered on the same premises.
(2)
Signs shall be securely affixed to the interior or exterior of the vehicle.
(3)
The vehicle shall be located in an off-street parking space.
(4)
The vehicle shall be operable and registered.
(5)
Signs shall only be displayed between 7:00 a.m. and 9:00 p.m.
(6)
Signs shall be displayed for no more than three thirty-day periods in any one calendar year.
E.
Window signs.
[Added 6-14-2021 by Ord. No. 368]
(1)
The total area of all window signs on any side of a building shall not cover more than 25% of the window area.
(2)
Neon window signage.
[Added 9-18-2023 by Ord. No. 386]
(a)
Window signs in the CBD District may be illuminated using neon tube lighting, as described in § 390-98F(6) pursuant to the following restrictions:
[1]
The sign shall not exceed 10 square feet in size.
[2]
The neon sign shall not have a flashing, blinking, or any other similar animated effect, and shall generally function and have the appearance of a static sign.
[3]
The sign shall be extinguished outside of business hours, a maximum of one hour before or after the business's operating hours, subject to the following additional standard:
[a]
All signs over three square feet in area shall be turned off by 11:00 p.m., or when the business closes, whichever is later. Signs subject to time limitations are required to have functioning and properly adjusted automatic shut-off timers.
[4]
Neon window signs shall be located under a building project, roof overhang, or similar feature to mitigate unshielded light exposure.
[5]
Sign lighting shall not create a nuisance.
§ 390-107 Special purpose signs.
Upon submittal of a site plan pursuant to Article XVII, the Planning Commission may consider approval of a special purpose sign which does not exceed the permitted sign area in the underlying zoning district, but such sign type is not contemplated in this section. In making its determination, the Planning Commission may consider:
§ 390-108 Existing nonconforming signs.
A.
Signs lawfully erected prior to the adoption of this chapter or applicable amendment thereto which do not meet the standards of this section may be continued, except as hereinafter provided. No nonconforming sign shall:
(1)
Have any changes made in the words or symbols used or the message displayed on the sign, unless the sign is specifically designed for periodic change of message;
(2)
Be structurally altered so as to change the shape, size, type or design of the sign; or
(3)
Be reestablished or continued after the establishment, product, or service to which it applied has been discontinued for 90 days or longer.
B.
Signs lawfully erected prior to the adoption of this chapter or applicable amendment thereto which do not meet the size limitations of this article may be changed to another nonconforming sign, provided that the sign replacing the original nonconforming sign is at least 33% smaller in area than the original nonconforming sign.
C.
No sign shall be required to be removed which was erected in compliance with this section if such sign becomes nonconforming due to a change occurring after the adoption of this chapter or applicable amendment thereto in the location of a building, streets, or other signs, and which change is beyond the control of the owner of the premises on which the sign is located.
D.
If the owner of the premises on which a sign is located changes the use of the building, or changes the location of any property line or sign, so that any sign is rendered nonconforming, such sign must be removed or made to conform to this article.