- SIGNS
Following are the general requirements for all signs:
A.
Wind pressure and dead load requirements. Ground, projecting, wall and marquee signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area and shall be constructed to receive dead loads as required elsewhere in the city code.
B.
Permit number to be on sign. Signs shall have placed in a conspicuous place thereon, in letters not less than one-half inch in height the permit number.
C.
Illumination. Internally and externally lighted, reflectorized, glowing, and other forms of illumination shall be permitted on all signs except as regulated elsewhere in this zoning ordinance. All illuminated signs shall meet the following provisions:
1.
All illumination shall be concentrated on the area of the sign or landscape feature so as to prevent glare upon the street or adjacent property.
2.
No sign shall be illuminated by other than electric means or devices, and wiring shall be installed in accordance with the National Electrical Code.
3.
All electrical transformer boxes, raceways, and conduits shall be concealed from view. Any concealment or other visible part of these elements should be painted to match the building area to which they are attached, or otherwise painted to be harmonious with the building.
D.
Obstruction to doors, windows and fire escapes. No sign shall be erected or maintained so as to prevent free ingress and egress from any door, window or fire escape.
E.
Signs not to construct a traffic hazard. No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or which makes use of the word, "Stop, "Look," "Danger," or any word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic. At street intersections, no signs other than municipal traffic control signs shalt be located within eight feet of the ground surface in the triangle formed by the property lines paralleling the streets and extending for a distance of 25 feet each way from the intersection of the right-of-way lines at the corner lot.
F.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bonafide business conducted, or a product, or entertainment, service, or commodity offered or sold on the lot, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which said signs shall be found 60 days after written notice from the city.
G.
Sign area. The area of all signs shall be computed as follows:
1.
The total area of the lettering and display background where the sign background is separated from the principal building.
2.
The total area of the lettering and display background where the background is illuminated from within, whether attached to or separate from the principal building.
3.
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
H.
Permits. No sign shall be erected, constructed, repaired, or relocated without a building permit or a temporary permit. This is meant to include those commercial signs of a temporary nature advertising special events. The relettering, repainting, or changing of lighting elements of a sign shall not require a building permit. A permit for political signs shall not be required.
I.
Signs on Michigan Department of Transportation routes. No sign shall be installed on the Michigan Department of Transportation controlled routes, commonly known as M-66 and US-12, without a permit by the Michigan Department of Transportation.
J.
Directional signs. Directional signs such as entrance and exit signs not exceeding four square feet in area per sign are permitted in R-4, B-OS, B-C, B-H, M, and P districts exclusive of the maximum sign area requirement for the district in which they are located.
K.
Prohibited sign types. Sign types not specifically permitted in any zoning district shall be interpreted to be prohibited from such district.
L.
Tourist oriented directional signs. Tourist oriented directional signs, as defined in Michigan Public Act 299 of 1996 are permitted if approved by the Michigan Department of Transportation pursuant to the PA 299 of 1996 and by a vote of the Sturgis City Commission.
M.
Electronic message display signs. Electronic message display signs shall be subject to the following requirements:
1.
Only allowed on permitted, non-residential uses in all zoning districts.
2.
Electronic message display signs are subject to the following additional restrictions based on their zoning district:
a.
Only one sign incorporating an electronic message display is permitted in residential zones: R-1, R-2, R-3, R-4, and R-5.
b.
Electronic message display signs in the BC district must be recommended by the design review committee, as per article XIII of the zoning ordinance, prior to an application for approval being considered by the planning commission.
c.
Areas located in the central business district as defined in section 1.1006 but not located in the B-C—central business zoning district shall follow the requirements for electronic message display signs of the zoning district in which they are located.
3.
Must be part of a ground or pylon sign. The electronic message display shall be a part of the primary ground or pylon sign and shall not exist as a standalone sign.
4.
Flashing, rotating, strobing, audio or noise, pyrotechnic simulation or creating a distraction shall be prohibited.
5.
Length of time a message must be displayed before changing and message display mode is determined by district as outlined in Table 1.1001A.
TABLE 1.1001A
6.
Modes: The following modes of operation are described for electronic message signs:
a.
Static. Messages which include no animation or effects simulating animation.
b.
Traveling text. For electronic message display signs displaying a single line of text, the text message may continuously travel. Message cannot include images, animation, or effects simulating animation.
c.
Animation. Messages which include motion graphics and video are displayed.
7.
Transitions: Electronic message display signs shall be operated in one of the permitted modes except for transitions between messages.
a.
Permitted transition types for static messages include:
i.
Instantaneous. Change between messages without noticeable transition.
ii.
Fade. Messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases in intensity to the point of legibility.
iii.
Traveling. Signs where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message.
iv.
Scrolling. Signs where the message is changed by the apparent vertical movement of the letters or graphic elements of the message.
b.
The transition time between messages and/or message frames is limited to three seconds and these transitions may employ fade, dissolve, and/or other transition effects.
8.
Electronic message displays must have an automatic sensor that adjusts their brightness and intensity during operational hours. The overall brightness and intensity shall only be enough to make the sign legible and shall not create a nuisance or a traffic hazard. Luminance shall not exceed 0.3 foot-candles above the ambient (i.e., naturally illuminated environment) light measurement when measured at the recommended distance, based on the electronic message display size.
9.
If a property has an electronic message display sign that is in a residential district or the electronic message display is within 150 feet of a residential district, it must be turned off from dusk until dawn. If the sign is not equipped with this option the sign must be turned off between 7:00 p.m. and 7:00 a.m.
10.
All electronic message display signs permitted before the effective date of this section that can be altered to comply with it must be so altered.
In the event of a malfunction, an electronic message display message sign shall turn to a dark screen. The dark screen shall remain until the malfunction is corrected.
N.
Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, military, and any of their flags adopted or sanctioned by an elected legislative body of competent jurisdiction are not considered signs.
(Ord. of 3-13-2013; Ord. of 4-23-2014; Ord. of 5-9-2018(2); Ord. of 10-10-2018(1); Ord. of 8-28-2019(2) Ord. of 3-9-2022(1) )
(A)
In the R residential districts the following accessory signs only shall be permitted:
(1)
One nonilluminated professional or nameplate sign not more than 144 square inches in area, and attached to the principal building.
(2)
One nonilluminated temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding eight square feet per sign face.
(3)
Signs which are deemed necessary to the public welfare by the governing body.
(4)
A sign or signs nonilluminated aggregating not more than 12 square feet in area advertising the name, activities, or condition of use of a permitted nonresidential use, farm, or parking lot.
(5)
Temporary signs subject to section 1.1012.
(6)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(B)
None of the signs permitted in divisions [subsections] (A)(1), (A)(2), or (A)(4) [of this section] above shall be erected nearer any street than half the required setback, provided that a nonilluminated nameplate sign not more than 72 square inches in area may be placed anywhere within the front yard.
(Ord. of 10-10-2018(1))
(A)
Sign(s) may be erected in residential districts for permitted non-residential uses. Such signs shall meet all the requirements as stated under this zoning ordinance including the following:
(1)
No establishment shall have a total of more than two signs facing upon any one street or parking area.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall exceed 32 square feet.
(b)
Where a sign extends more than three inches from the face of the building, the sign shall be no closer than eight feet to the ground.
(c)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
There shall be no more than one ground sign per public road frontage.
(a)
No part of the sign shall be closer than five feet to any property line or sidewalk.
(b)
No sign shall exceed 32 square feet in area for a single face and 64 square feet in area if a two-sided sign. If a parcel has multiple road frontage access, then an additional ground sign is allowed up to a maximum of 50 square feet of total signage, counting a single face of each sign. Sign(s) shall not exceed six feet in height.
(4)
Temporary signs subject to section 1.1012.
(5)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 9-11-2017(1); Ord. of 10-10-2018(1); Ord. of 8-14-2019(2) )
(A)
In the R-4 apartment district the provisions of section 1.1002 shall apply, except that the professional or nameplate sign as regulated in that section may be increased to a total area of four square feet. A group of apartment buildings may display one identification sign of not more than 24 square feet in area per sign face.
(A)
In B-OS business, office, service districts, no sign shall be permitted which is not accessory to the business conducted on the property and shall meet all requirements of this [zoning] ordinance including the following:
(1)
No establishment shall have a total of more than two signs facing upon any one street or parking area, provided the total sign area for all signs permitted shall not exceed 30 percent of the area of the front face of the building.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall extend further than 24 inches over a street or public property. Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
A ground sign is permitted, computed as part of the maximum total area permitted in [subsection (A)(1) [of this section] above. The sign shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(4)
Temporary signs subject to section 1.1012.
(5)
For rent, lease or property for sale signs no larger than 25 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 10-10-2018(1))
In the central business district, the boundaries of which are defined in the Sturgis master plan, no sign shall be permitted which is not accessory to the business conducted on the property. Accessory signs may only be erected, painted or placed in accordance with the following requirements. Areas located in the central business district as defined in this paragraph but not located in the B-C - Central Business zoning district shall follow the requirements for temporary signs of the zoning district in which they are located.
A.
Signage size, location and number.
(1)
The total area for all permitted signs shall not exceed ten percent of the first floor front face area of a tenant.
(2)
Additional signage allowed. The following signs are allowed and are not counted as part of the total sign area calculation in subsection A. (1) of this section.
i.
An additional sign for each first floor tenant space may be placed on the rear of a building, if that tenant space has an entrance at the rear of the building used by the public. This sign cannot exceed 50 percent of the allowable signage.
ii.
Window signage equal to not more than ten percent of each individual window and up to a total of 25 square feet per tenant is allowed.
iii.
An additional sign relating to business open and hours may be provided for each first floor tenant space of a building. These signs must be window signs subject to the regulations of section 1.1006.
iv.
An additional sign may be placed on the first floor of the building listing all businesses operating on a floor other than the first floor. The total area of this sign may be 25 percent of the primary exterior entry way leading to the non-first floor tenant space(s) as determined by the zoning administrator. The sign may not exceed five square feet.
v.
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property.
(3)
If a first floor tenant space has no access from the front of the building and its main store front is on the side or rear of the building, the total area for all permitted signs of that tenant space shall not exceed ten percent of the first floor tenant space of the main store front.
i.
The location of the main store front will be determined by the zoning administrator.
ii.
The tenant space will be allowed an additional signage as per subsection A. (2) of this section, with the exception of A. (2) i.
(4)
No tenant space shall have a total of more than two signs facing upon any one street or parking area, not including signs under subsection A. (2) of this section.
(5)
No sign shall be placed above the first floor or above the bottom window ledge of the second-floor windows. If the entire wall area of a face of the building has no windows a sign may be placed anywhere on the wall face.
(6)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(7)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
B.
Sign area computation shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
C.
Signage types.
(1)
Ground sign. A freestanding ground sign is permitted, computed as part of the maximum total area permitted in subsection A. of this section. The sign shall not exceed 32 square feet in display area. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107.
(2)
A building with at least three or more distinct business or office uses shall be permitted to have a sign identifying each business or office as a combined ground sign. The area of a ground sign shall not exceed 60 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however no one business shall exceed 50 percent of maximum area allowed.
(3)
Canopy sign. Where a building has a canopy constructed as an integral part of the building, signs may be placed upon the canopy if parallel to the building face.
i.
The permitted area of awning and canopy signs shall be determined as part of the total area for signs as provided in subsection A. of this section.
ii.
Awning and canopy signs can be internally lighted provided that only the letters and/or logo of the sign are illuminated and are designed with a translucent and not transparent material. Any other part of the awning must be made of an opaque material.
(4)
Window sign. Window signage should be applied to the window or mounted on the interior of the building using high quality materials and application methods such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs, or neon surrounding an entire window is prohibited.
D.
Nonconforming signs shall be permitted to continue provided no business name change is made nor any alteration other than ordinary maintenance is performed. Should a business move or vacate a premises all nonconforming signs shall be removed and building walls shall be left in good repair and properly maintained pursuant to chapter 31 of the basic building codes as adopted by the city within 60 days. Buildings that have been vacant for more than one year prior to the effective date of this zoning ordinance, shall immediately have all signs removed and building walls left in good repair. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
E.
Sign materials and lighting shall be harmonious with the historic character of the buildings in the district and shall utilize materials as may be appropriate such as wood, brass, vintage painting, etc. in conformity with design guidelines established by the downtown development authority, a copy of which is incorporated herein by reference and which is available in the office of the city clerk. The building department shall be responsible for determining if the sign design is in conformity with those design guidelines, subject to review by the planning board or its designated design review committee.
F.
Internal and external illumination on signage in the central business district (B-C) is allowed as regulated in this zoning ordinance.
(1)
Provided lighting must be steady and stationary in source and intensity. Acceptable sources include incandescent, halogen, neon, LED, and metal halide lighting.
(2)
For internally lighted signs and awnings, only letters, numerals, and logos may be illuminated.
(3)
Acceptable forms of internally lighted signs include:
i.
Backlit (halo) signs.
ii.
Individual internally-illuminated letters (channel or dimensional lettering).
iii.
Box-type signs with three-dimensional push-through or inset graphics.
iv.
Awning or canopy signs where letters and logos are translucent.
(4)
All proposed internally illuminated signage will be sent to the design review committee for recommendation before an application is considered by the planning commission.
G.
Internally illuminated box signs shall only be permitted with metal or completely opaque material backgrounds. Letters and logos must be stencil cut through the surface and filled with three-dimensional push-through or inset graphics that are of a translucent and not transparent material.
H.
Internally lit, channel letter/logo signs may be lit using either exposed neon tubing within the letter/logo channel or another light source behind a translucent, not transparent material. For non-neon signs, letter forms must contain soft, diffused light sources inside each letter or logo. Regulations for distance of the letters from the building will be as follows:
(1)
Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.
(2)
Channel letters with remote transformers shall not extend more than 12 inches from the building wall.
(3)
Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.
I.
No flashing sign, rotating or moving sign, animated sign or sign with moving lights or creating the illusion of movement shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every 15 seconds.
J.
The building department may request a review by the planning board design review committee where a question may exist as to the application of this section.
A design review committee shall be appointed by the planning board for the purpose of assisting the planning board to preserve, protect and enhance the aesthetic appeal of the central business district as it relates to signage and to protect property values through the application of good design principles; and promote the general health, safety and welfare of the central business district and the community. The design review committee shall consist of not less than three regular members and shall include one member of the planning board, one member of the downtown development authority and one member at large. The review committee, as it determines necessary or appropriate, shall utilize the assistance of planning, architectural and other consultants. The review committee shall seek the assistance of relevant experts in an effort to achieve accord in those instances in which the applicant objects to the decision of the review committee.
K.
Temporary signs subject to section 1.1012.
(Ord. of 4-23-2014; Ord. of 6-23-2015; Ord of. 5-9-2018(1); Ord. of 10-10-2018(1))
(A)
In the B-H 1 business highway district no sign[s] shall be permitted which is [that are] not accessory to the business conducted on the property, except a billboard as a special use subject to the following requirements are met.
(1)
No establishment shall have a total of more than three sign types facing upon any one street or parking area.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
Wall signs are permitted and the combined area per street frontage shall not exceed 15 percent of the total area of the wall to which the signs are attached. In addition, the total area shall not exceed 100 square feet per street frontage. The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(c)
For wall frontage on a public or private street that exceeds 200 lineal feet of frontage and with a setback greater than 300 feet from a public or private street and having a usable floor area of 50,000 square feet or more, the following maximum allowable sign areas may be used in place of subsection 1.1007(A)(2)(b):
(3)
All pylon or ground signs must meet the following requirements:
(a)
A pylon sign is permitted and shall not exceed 60 square feet in area per sign face. A pylon sign shall be no higher than 30 feet or closer to the ground than eight feet. No part of the sign shall be closer than five feet to a property line. In no case shall there be more than one pylon sign with the same business name or logo facing upon any one street.
(b)
A ground sign is permitted and shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(c)
There shall only be one ground sign or pylon sign facing upon any one street; however, a second sign shall be allowed for a development having more than one entranceway onto a road right-of-way, and where those entrance ways are at least 250 lineal feet apart. In these cases, signs must be placed no closer than 150 lineal feet apart and the second sign shall be a ground sign.
(d)
A shopping center, business or office complex with at least three or more distinct business or office uses shall be permitted to have a sign identifying each business or office as a combined pylon or ground sign. The area of a pylon sign shall not exceed 120 square feet per sign face and the area of a ground sign shall not exceed 60 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however no one business shall exceed 50 percent of maximum area allowed. In cases where a gasoline service station is considered part of a shopping center, business or office complex under this section, [subsection] 1.1007(A)(7)(d) shall not apply.
(4)
Lots with dual frontages may not combine permissible signs for one frontage with another frontage for the purpose of placing a combined area of sign area on one frontage.
(5)
No sign shall be lighted by means of flashing or intermittent illumination. All light sources used for the illumination of signs or buildings or areas surrounding them, or for the illumination of display merchandise or products shall be completely shielded from the view of vehicular traffic.
(6)
Gasoline service stations, vehicle sales areas, and vehicle repair shops may display, in addition to the foregoing, the following signs which are deemed customary and necessary to their respective uses.
(a)
Two temporary signs located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each sign does not exceed nine square feet in area.
(b)
Customary directional signs or lettering displayed over entrance doors or bays.
(c)
Customary lettering or other insignia which are a structural part of a gasoline pumping island, including credit card or seasonal temporary signs.
(d)
An electronic message display sign is permitted only to be located as an addition to a pylon sign or ground sign and shall be allowed up to an additional 60 square feet per sign face on a pylon sign and 30 square feet per sign face on a ground sign.
(7)
Temporary signs subject to section 1.1012.
(8)
Nonconforming signs shall be permitted to continue, provided should a business move or vacate a premises all non-conforming signs shall be removed or made to comply with zoning ordinance requirements. Building walls shall be left in good repair and properly maintained within 60 days pursuant to applicable sections of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(9)
For rent, lease or property for sale signs no larger than 36 square feet in area per sign face advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 6-24-2014; Ord. of 5-9-2018(2); Ord. of 10-10-2018(1))
(A)
In the B-H 2 business highway 2 and M manufacturing districts sign[s] shall be permitted which is [that are] not accessory to the business conducted on the property, except a billboard[,] as a special use subject to the following requirements are met.
(1)
No establishment shall have a total of more than three signs facing upon any one street or parking area, provided the total sign area for all signs permitted shall not exceed 30 percent of the area of the front face of the building up to a maximum of 150 square feet.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall extend further than 15 inches over a street or public property, or required side yard. Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
A pylon sign is permitted, computed as part of the maximum total area permitted in [subsection (A)](1) [of this section] above. The sign shall not exceed 60 square feet in area. A pylon sign shall be no higher than 30 feet or closer to the ground than eight feet. No part of the sign shall be closer than five feet to a property line.
(4)
A ground sign is permitted, computed as part of the maximum total area permitted in [subsection (A)](1) [of this section] above. The sign shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(5)
A shopping center, business or office complex with a group of business or office use shall be permitted to have a sign identifying each business or office as a pylon or ground sign. The area of such sign shall be governed by the sign area allowed for all signs as required in [section 1.1008(A)(1) above. The sign area allowed for each business or office shall be prorated based on the sign area allowed for each business or office unless otherwise agreed to by the shopping center, business or office complex but in no instance shall the total area of all signs exceed the requirements of section 1.008(A)(1).
(6)
No sign shall be lighted by means of flashing or intermittent illumination. All light sources used for the illumination of signs or buildings or areas surrounding them, or for the illumination of display merchandise or products shall be completely shielded from the view of vehicular traffic.
(7)
Billboards may be permitted in M manufacturing districts in accord with provisions of article VI, special land uses and structures, section 1.0603(FF).
(8)
Gasoline service stations, vehicle sales areas, and vehicle repair shops may display, in addition to the foregoing, the following signs which are deemed customary and necessary to their respective uses.
(a)
Two temporary signs located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each sign does not exceed nine square feet in area.
(b)
Customary directional signs or lettering displayed over entrance doors or bays.
(c)
Customary lettering or other insignia which are a structural part of a gasoline pumping island, including credit card or seasonal temporary signs.
(9)
Temporary signs subject to section 1.1012.
(10)
Nonconforming signs shall be permitted to continue[,] provided should a business move or vacate a premises all non-conforming signs shall be removed or made to comply with zoning ordinance requirements building (sic). Walls shall be left in good repair and properly maintained within 60 days pursuant to chapter 31 of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(11)
For rent, lease or property for sale signs no larger than 36 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 6-24-2014; Ord. of 10-10-2018(1))
(1)
Signs shall be designed as an integral part of the storefront design concept and shall complement the existing context of other buildings and signs in the PDD-2 district.
(2)
Primary sign area is limited to 1.5 square feet per linear foot of frontage, up to the maximum size indicated in the chart below. (Frontage is measured parallel to street right-of-way.)
(3)
Secondary sign area is limited to .75 square feet per linear foot of frontage, up to the maximum size indicated below.
(4)
Graphic symbols and corporate logos, when used with primary signs (sign types A, B, and C) shall not exceed eight feet in any one direction or 64 sq. ft. in aggregate area. Such square footage shall be computed as part of the maximum sign area permitted.
(5)
All primary signs must be three-dimensional, with maximum letter return of six inches and a minimum panel thickness of one inch.
(6)
Tenants in corner locations or with frontage on two principal streets may be permitted to use two or more primary signs for identification. If in a corner location, one of the signs must be a feature/marquee type sign.
(7)
Sign area is defined as the area within regular geometric shapes enclosing the limits of lettering, emblems, or other figures on a sign, together with any material or color forming an integral part of the display or used to differentiate the sign from the background on which it is placed. Structural members bearing no sign copy shall not be included in its surface area.
(8)
Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any of their flag adopted or sanctioned by an elected legislative body of competent jurisdiction are not considered signs.
(9)
Temporary signs subject to section 1.1012.
(10)
Signs are not permitted on rooftops.
(11)
For rent, lease or property for sale signs no larger than 32 square feet in area advertising the property on which they are located are permitted provided that no building larger than 1,000 square feet is currently located on the property and such signs are promptly removed upon a building of larger than 1,000 square feet being constructed. For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted on properties containing a building of greater than 1,000 square feet provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required. Properties with frontage on two or more principle streets may be permitted to use one sign meeting the requirements of this section facing each [principal] street.
(Ord. of 11-13-2013; Ord. of 5-13-2015; Ord. of 11-08-2017(1); Ord. of 10-10-2018(1))
In all zoning districts temporary promotional materials shall be displayed and removed with strict adherence to the following guidelines:
(a)
First story windows only.
(b)
Coverage 30 percent of total square feet of all display windows, not to exceed 50 percent coverage of any single pane/panel or contiguous series of panes/panels.
(c)
Time limitations: All temporary promotional materials must be removed within 60 days of installation. Temporary promotional materials may be displayed year round however each special promotion i.e., Christmas holidays, new product line, sale, etc. may only be advertised in this fashion for a maximum of 60 days.
(d)
Installation and removal: Any adhesive applied to glass must be transparent. All materials used for installation tape etc. must be completely removed when promotion posters are removed.
Temporary Promotion Material
(Ord. of 6-24-2015)
Editor's note— An ordinance adopted June 24, 2015, renumbered § 1.1008 as 1.1009. In order to maintain the current numbering system and addition of new sections, at the instruction of the city, these provisions have been renumbered as § 1.1010 to read as set out herein.
(A)
Sign(s) may be erected in any district for public parks and public facilities. Such signs shall meet all requirements as stated under this zoning ordinance including the following:
(1)
Such signs may be placed on the property line if all corner clearances are maintained at all driveways, buildings and parking areas.
(2)
All signs are subject to final approval from the planning commission and the following standards should be used for establishing size, setback and placement of signs:
(a)
Visibility of vehicular and pedestrian traffic off site and at the site, visibility and legibility of signs for drivers and/or pedestrians and the impact upon the visibility of traffic signals or regulatory devices in the public street right-of-way.
(b)
Negative impact of proposed signs upon adjacent properties and their signage and the impact of lighting and appearance of signs upon residential zoned property.
(c)
Particular site characteristics such as yard areas, landscaping, topography, location of buildings, site use and number of street frontages.
(3)
Emergency, directional, parking, address, temporary event or activity and promotional signs shall not require a permit if it does not exceed 32 square feet.
(4)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 9-11-2017(1))
(A)
Temporary signs in commercial districts. B-H 1, B-H 2, and B-OS are permitted subject to the following conditions:
(1)
A temporary sign shall only be displayed upon receipt of an issued permit.
(2)
Temporary signs must be accessory to a business on the parcel.
a)
Permission must be granted by all tenants and the owner of the parcel to display non accessory sign for up to five business days.
(3)
Upon expiration of the permit, the sign shall be removed by the permit holder.
(4)
No part of a temporary sign shall be closer than five feet to any property line.
(5)
Temporary signs may not be placed in any parking area.
(6)
All temporary signs must be maintained in good condition.
(7)
Corner clearance requirements must be maintained as per section 1.1107.
(8)
Temporary sign types allowed as a periodic permit: banner, portable, rigid frame yard sign, feather, wire frame yard sign and flag signs.
a)
No temporary banner, portable, wire frame or rigid frame yard sign shall be displayed for more than 30 calendar days for any one permit and no more than two permits shall be issued for any tenant space during any calendar year. Each sign requires a permit.
b)
No temporary feather or flag sign shall be permitted for more than two consecutive weeks and no more than four permits shall be issued for any tenant space during any calendar year. Each sign requires a permit.
c)
Signs under this subsection must be placed at least 50 feet from another temporary sign on the same parcel and not create a vision hazard.
d)
No more than two signs under this subsection may be displayed at any one time by the same tenant.
(9)
Temporary sign types allowed as a permanent permit: Feather, flag, wire frame yard sign and sandwich board signs.
a)
These types of signs may be placed on private sidewalks or walking areas that are immediately adjacent to the building entrance for which it is advertising.
b)
They must allow for a minimum 60 inches of unobstructed pedestrian walkway and shall not obstruct access to parking or create a vision hazard.
c)
Only one temporary sign as a permanent permit may be displayed at any one time in addition to any temporary sign(s) as a periodic permit.
d)
They may only be displayed during business hours and must be removed at the close of business hours.
e)
A permit must be issued for each temporary sign as a permanent permit.
(10)
Maximum height and square feet for these signs are listed in table 1.1012 A1.
TABLE 1.1012 A1
(11)
Flag signs may not be placed where the lowest edge of the flag is less than seven feet to the ground level when attached to a building. If placed in a pedestal or into the ground it may not exceed eight feet in height.
(12)
Air-blown devices and inflatable signs are allowed two times per year. A permit is required each time an air blown device will be displayed.
a)
These types of signs shall be secured directly to, and not suspended from, the ground. They may not be placed on a roof or suspended from a building.
b)
Inflatable signs shall not exceed 30 percent of the total area of the wall of the tenant space or 60 sq. ft., whichever is larger. Inflatable signs shall not exceed 30 ft. in height when fully inflated.
c)
Air blown devices and inflatable signs must be set back the maximum height of the sign from the property line but in no instance shall this be less than five feet.
d)
They shall not be located in required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign or its securing device encroach into the right-of-way.
e)
Each permit allows for display up to ten consecutive days.
(13)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(B)
Temporary signs in M - Manufacturing district are permitted subject to the following conditions:
(1)
Temporary signs shall be allowed in manufacturing districts and no permit is required as long as the requirements of this section are met.
(2)
Temporary signs shall not exceed six feet in height or 32 square feet in area.
(3)
No temporary sign shall be displayed for more than 30 consecutive days.
(4)
No temporary sign shall be closer than five feet to any property line.
(5)
Corner clearance requirements must be maintained as per section 1.1107.
(6)
All temporary signs must be maintained in good condition.
(7)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(C)
Temporary signs in residential districts.
(1)
Temporary signs shall be allowed in residential districts and no permit is required as long as the requirements of this section are met.
(2)
Temporary signs shall not exceed three feet in height or six square feet in area.
(3)
No temporary sign shall be displayed for more than 30 consecutive days.
(4)
No temporary sign shall be closer than five feet to any property line.
(5)
No temporary sign shall be placed in the right-of-way.
(6)
Corner clearance requirements must be maintained as per section 1.1107.
(7)
All temporary signs must be maintained in good condition.
(8)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(D)
Temporary signs in the B-C - Central business, B-N - Business neighborhood, and PDD-2 zoning districts are permitted subject to the following conditions:
(1)
A temporary sign shall only be displayed upon receipt of an issued permit.
(2)
Temporary sign types allowed as a permanent permit: Feather, flag and sandwich board signs.
a)
Two temporary signs may be placed at the same time, but they each must be a different, permitted sign type.
b)
Feather and sandwich board signs may be placed on sidewalks or walking areas that are directly in front of tenant space for which it is advertising.
c)
They must allow for a minimum 60 inches of unobstructed pedestrian walkway and shall not obstruct access to parking or create a vision hazard.
d)
Feather flags may be displayed using any of the following methods:
i.
Attached to a pedestal style base not affixed to the ground.
ii.
Placed in the existing flag holes constructed by the city. These holes may only be utilized when not otherwise used for display of the American flag by the city or other group authorized by the city. If a feather flag is displayed at the time an authorized group wishes to display the American flag, the feather flag must be immediately removed.
e)
Flags may be displayed using one of the following methods:
i.
Attached to the building wall of the tenant space for which it is advertising where the lowest edge of the flag must be seven feet or more and not extend above the first floor tenant space.
ii.
Placed in the existing flag holes constructed by the city. These holes may only be utilized when not otherwise used for display of the American flag by the city or other group authorized by the city. If a flag sign is displayed at the time an authorized group wishes to display the American flag, the flag sign must be immediately removed.
f)
They may only be displayed during business hours and must be removed at the close of business hours.
g)
A permit must be issued for each sign.
(3)
Maximum height and square feet for these signs are listed in table 1.1012 D1.
Table 1.1012 D1
(4)
Banner signs shall only be allowed for up to 30 days within 90 days of a new business opening. The sign shall not exceed 32 square feet in area and four feet in height. The banner sign must be placed on the building where the new tenant is located.
(5)
Tenant spaces other than on the first floor may be permitted a sandwich board sign in front of first floor tenant space.
(E)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(Ord. of 10-10-2018(1) Ord. of 3-9-2022(1) )
Editor's note— Ord. of 10-10-2018(1) set out provisions to be included as § 1.1011. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 1.1012, at the discretion of the editor.
(A)
Signage size, location and number. Buildings in PDD-3 are allowed signage for the primary occupant, secondary tenant spaces, and one building ground sign.
(1)
Primary occupant signage. The total area for all permitted signs for the primary occupant shall not exceed ten percent of the first floor main face area of the building.
i.
The primary occupant is defined as the business or entity that occupies more than 50 percent of the floor area of building.
ii.
The main face of the building will be determined by the zoning administrator.
iii.
The primary occupant shall have a total of no more than two signs attached to the building, not including signs under subsection (A)(4) of this section.
(2)
Secondary tenant space signage. The total area for all permitted signs for a secondary tenant shall not exceed ten percent of the first floor front face area of the tenant space.
i.
A secondary tenant is defined as any business that occupies less than 50 percent of the floor area of the building and has a tenant space with a public, exterior access.
ii.
A secondary tenant space shall have a total of no more than two signs facing upon any one street or parking area, not including signs under subsection (A)(4) of this section.
iii.
No sign for a secondary tenant space shall be placed above the first floor.
(3)
Building ground sign. Each parcel is permitted one freestanding ground sign. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107.
i.
If promoting only the primary occupant, the sign shall not exceed 32 square feet in display area per sign face.
ii.
If promoting the primary occupant and at least one secondary tenant, the total area of the sign shall not exceed 60 square feet per sign face. The sign area allowed for the primary occupant shall not exceed 32 square feet per sign face and the sign area for any secondary tenant cannot exceed one half the sign area per sign face of the primary occupant.
iii.
Sign area within the ground sign is not counted as part of the total sign area calculation for the primary occupant or secondary tenant spaces.
(4)
Additional signage allowed. The following signs are allowed and are not counted as part of the total sign area calculation in subsection (A)(1) of this section.
i.
An additional sign for each first floor tenant space may be placed on the rear of a building, if that tenant space has an entrance at the rear of the building used by the public. This sign cannot exceed 50 percent of the allowable signage.
ii.
Window signage equal to not more than ten percent of each individual window and up to a total of 25 square feet per tenant is allowed.
iii.
An additional sign relating to business open and hours may be provided for each first floor tenant space of a building. These signs must be window signs subject to the regulations of section 1.1006.
iv.
For rent, lease or property for sale signs no larger than sixteen (16) square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property.
(5)
[Location.] Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(6)
[Maximum width.] The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(B)
Sign area computation shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
(C)
Signage types.
(1)
Awning or canopy sign. Where a building or tenant space has a canopy constructed as an integral part of the building, signs may be placed upon the canopy if parallel to the building face.
i.
Awning and canopy signs can be internally lighted provided that only the letters and/or logo of the sign are illuminated and are designed with a translucent and not transparent material. Any other part of the awning must be made of an opaque material.
(2)
Grand projecting sign. Tall, large, vertically oriented signs which project from the building perpendicular to the façade and which are structurally integrated into the building.
i.
Only allowed as a sign for the primary occupant.
ii.
Grand projecting signs shall be no taller than 30 feet from the bottom-most part of the sign to the tallest part of the sign. Shall project no more than six feet from the façade of the building. Shall be no less than 12 feet from the bottom-most part of the sign to the ground. No portion of the sign shall extend above the roofline.
iii.
No portion of the sign shall be located within four feet of any window of a residential unit or hotel room.
iv.
Grand projecting signs shall be illuminated only by steady, shielded light sources directed solely at the sign or at the sign or internal to it. Use of glaring undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or thoroughfares.
v.
No portion of a grand projecting sign shall be placed above the third floor of a building.
(3)
Projecting sign. Signs which are affixed to the building and oriented perpendicularly to the building façade.
i.
No projecting sign shall exceed 16 square feet in size.
ii.
Projecting signs shall project no more than four feet from the façade of the building.
iii.
No portion of the sign shall be located within four feet of any window of a residential unit or hotel room.
iv.
No projecting sign shall be placed above the first floor.
(4)
Wall sign. Signs located on and parallel to a building wall.
(5)
Window sign. Window signage should be applied to the window or mounted on the interior of the building using high quality materials and application methods such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs, or neon surrounding an entire window is prohibited.
(D)
If the building or any tenant space of the building has been vacant for more than one year the vacant space shall immediately have all signs removed and building walls and/or grounds left in good repair. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(E)
Sign materials and lighting shall be harmonious with the buildings in the district and in conformity with design guidelines established by the downtown development authority, a copy of which is incorporated herein by reference and which is available in the office of the city clerk. The building department shall be responsible for determining if the sign design is in conformity with those design guidelines, subject to review by the planning board or its designated design review committee.
(F)
No flashing sign, rotating or moving sign, animated sign or sign with moving lights or creating the illusion of movement shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every 15 seconds.
(G)
Internal and external illumination on signage in PDD-3 is allowed as regulated for signs in the B-C central business district, section 1.1006 of this zoning ordinance.
(H)
Temporary signs in PDD-3 are allowed as regulated in the B-C central business district subject to section 1.1012 of this zoning ordinance.
The building department may request a review by the planning board design review committee where a question may exist as to the application of this section.
(A)
In the B-N business neighborhood district no sign shall be permitted which is [that are] not accessory to the business conducted on the property. Residential uses that are not part of an apartment building or mixed-use development shall follow section 1.1002 of this zoning ordinance.
(B)
Signage size, location, and number.
(1)
The combined permitted signage area shall not exceed 30 percent of the total area of the building face parallel to the site's frontage. In addition, the total area shall not exceed 100 square feet. In the case of corner lots, the zoning administrator shall determine the street that constitutes the site's frontage.
(2)
No commercial establishment shall have a total of more than three signs facing upon any one street or parking area.
(3)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(4)
There shall be no more than one ground sign per public road frontage.
(C)
Sign area computation. Calculation of the signage area shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs, where the lettering or designs are affixed to the wall of a building and the wall constitutes the background.
(D)
Signage types.
(1)
Wall signs. The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(2)
Awning or canopy signs. The maximum area of an awning or canopy sign is ten square feet.
(3)
Projecting signs. The maximum area of a projecting sign is ten square feet.
(4)
Ground sign. A freestanding ground sign is permitted, computed as part of the maximum total area permitted in subsection (C) of this section. The sign shall not exceed 32 square feet in display area. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107; corner clearance requirements may be reviewed by the zoning board of appeals.
(5)
Multi-tenant ground sign. A building with three or more distinct business or office uses shall be permitted to have a combined ground sign identifying each business or office. The area of such combined ground sign shall not exceed 64 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however, no one business shall exceed 50 percent of maximum area allowed.
(4)
Window signage. Window signage equal to not more than ten percent of each individual window, and up to a total of 25 square feet per tenant, is allowed. This area shall not be counted as part of the total sign area calculation in subsection (C). Window signage shall be applied to the window or mounted on the interior of the building using materials such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs and neon surrounding an entire window are prohibited.
(5)
[Temporary signs.] Temporary signs subject to section 1.1012.
(E)
Nonconforming signs.
(1)
Continuation and conditions for removal. Nonconforming signs shall be permitted to continue, provided all non-conforming signs shall be removed or made to comply with zoning ordinance requirements when the business moves or vacates a premises. Building walls shall be left in good repair and properly maintained within 60 days pursuant to applicable sections of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons; the cost thereof shall be charged against the owner of the real estate upon which the building is located, and any such cost shall be a lien upon such real estate.
(2)
Existing pylon signs. Class A nonconforming structure status as provided in sections 1.0802 and 1.0803 of this zoning ordinance is hereby granted without further action to any pylon signs located in the B-N business neighborhood district effective to the date of this ordinance amendment and as referenced in section 1.0711.
(F)
Internal and external illumination. Internal and external illumination on signage is allowed as regulated in this section.
(1)
Lighting must be steady and stationary in source and intensity. Acceptable sources include incandescent, halogen, LED, and metal halide lighting.
(2)
For internally lighted signs and awnings, only numbers, numerals, and logos may be illuminated.
(3)
Acceptable forms of internally lighted signs included:
i.
Backlit (halo) signs.
ii.
Individually internally-illuminated letters (channel or dimensional lettering).
iii.
Box-type signs with three-dimensional push-through or inset graphics.
iv.
Awning or canopy signs where letters and logos are translucent.
(4)
Internally illuminated box signs shall only be permitted with metal or completely opaque material backgrounds. Letters and logos must be stencil-cut through the surface and filled with three-dimensional push-through or inset graphics that are of a translucent and not transparent material.
(5)
Internally lit, channel letter/logo signs may be lit using either exposed neon tubing within the letter/logo channel or another light source behind a translucent, not transparent material. For non-neon signs, letter forms must contain soft, diffused light sources inside each letter or logo. Regulations for distance of the letters from the building will be as follows:
i.
Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.
ii.
Channel letters with remote transformers shall not extend more than 12 inches from the building wall.
iii.
Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.
(6)
No flashing sign, rotating or moving sign, animated sign, sign with moving lights, or sign creating the illusion of movement shall be permitted.
(7)
If the building official cannot determine whether the project meets the standards, the building official shall refer the project to the design review committee for its determination and recommendation to the planning board for approval.
- SIGNS
Following are the general requirements for all signs:
A.
Wind pressure and dead load requirements. Ground, projecting, wall and marquee signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area and shall be constructed to receive dead loads as required elsewhere in the city code.
B.
Permit number to be on sign. Signs shall have placed in a conspicuous place thereon, in letters not less than one-half inch in height the permit number.
C.
Illumination. Internally and externally lighted, reflectorized, glowing, and other forms of illumination shall be permitted on all signs except as regulated elsewhere in this zoning ordinance. All illuminated signs shall meet the following provisions:
1.
All illumination shall be concentrated on the area of the sign or landscape feature so as to prevent glare upon the street or adjacent property.
2.
No sign shall be illuminated by other than electric means or devices, and wiring shall be installed in accordance with the National Electrical Code.
3.
All electrical transformer boxes, raceways, and conduits shall be concealed from view. Any concealment or other visible part of these elements should be painted to match the building area to which they are attached, or otherwise painted to be harmonious with the building.
D.
Obstruction to doors, windows and fire escapes. No sign shall be erected or maintained so as to prevent free ingress and egress from any door, window or fire escape.
E.
Signs not to construct a traffic hazard. No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or which makes use of the word, "Stop, "Look," "Danger," or any word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic. At street intersections, no signs other than municipal traffic control signs shalt be located within eight feet of the ground surface in the triangle formed by the property lines paralleling the streets and extending for a distance of 25 feet each way from the intersection of the right-of-way lines at the corner lot.
F.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bonafide business conducted, or a product, or entertainment, service, or commodity offered or sold on the lot, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which said signs shall be found 60 days after written notice from the city.
G.
Sign area. The area of all signs shall be computed as follows:
1.
The total area of the lettering and display background where the sign background is separated from the principal building.
2.
The total area of the lettering and display background where the background is illuminated from within, whether attached to or separate from the principal building.
3.
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
H.
Permits. No sign shall be erected, constructed, repaired, or relocated without a building permit or a temporary permit. This is meant to include those commercial signs of a temporary nature advertising special events. The relettering, repainting, or changing of lighting elements of a sign shall not require a building permit. A permit for political signs shall not be required.
I.
Signs on Michigan Department of Transportation routes. No sign shall be installed on the Michigan Department of Transportation controlled routes, commonly known as M-66 and US-12, without a permit by the Michigan Department of Transportation.
J.
Directional signs. Directional signs such as entrance and exit signs not exceeding four square feet in area per sign are permitted in R-4, B-OS, B-C, B-H, M, and P districts exclusive of the maximum sign area requirement for the district in which they are located.
K.
Prohibited sign types. Sign types not specifically permitted in any zoning district shall be interpreted to be prohibited from such district.
L.
Tourist oriented directional signs. Tourist oriented directional signs, as defined in Michigan Public Act 299 of 1996 are permitted if approved by the Michigan Department of Transportation pursuant to the PA 299 of 1996 and by a vote of the Sturgis City Commission.
M.
Electronic message display signs. Electronic message display signs shall be subject to the following requirements:
1.
Only allowed on permitted, non-residential uses in all zoning districts.
2.
Electronic message display signs are subject to the following additional restrictions based on their zoning district:
a.
Only one sign incorporating an electronic message display is permitted in residential zones: R-1, R-2, R-3, R-4, and R-5.
b.
Electronic message display signs in the BC district must be recommended by the design review committee, as per article XIII of the zoning ordinance, prior to an application for approval being considered by the planning commission.
c.
Areas located in the central business district as defined in section 1.1006 but not located in the B-C—central business zoning district shall follow the requirements for electronic message display signs of the zoning district in which they are located.
3.
Must be part of a ground or pylon sign. The electronic message display shall be a part of the primary ground or pylon sign and shall not exist as a standalone sign.
4.
Flashing, rotating, strobing, audio or noise, pyrotechnic simulation or creating a distraction shall be prohibited.
5.
Length of time a message must be displayed before changing and message display mode is determined by district as outlined in Table 1.1001A.
TABLE 1.1001A
6.
Modes: The following modes of operation are described for electronic message signs:
a.
Static. Messages which include no animation or effects simulating animation.
b.
Traveling text. For electronic message display signs displaying a single line of text, the text message may continuously travel. Message cannot include images, animation, or effects simulating animation.
c.
Animation. Messages which include motion graphics and video are displayed.
7.
Transitions: Electronic message display signs shall be operated in one of the permitted modes except for transitions between messages.
a.
Permitted transition types for static messages include:
i.
Instantaneous. Change between messages without noticeable transition.
ii.
Fade. Messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases in intensity to the point of legibility.
iii.
Traveling. Signs where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message.
iv.
Scrolling. Signs where the message is changed by the apparent vertical movement of the letters or graphic elements of the message.
b.
The transition time between messages and/or message frames is limited to three seconds and these transitions may employ fade, dissolve, and/or other transition effects.
8.
Electronic message displays must have an automatic sensor that adjusts their brightness and intensity during operational hours. The overall brightness and intensity shall only be enough to make the sign legible and shall not create a nuisance or a traffic hazard. Luminance shall not exceed 0.3 foot-candles above the ambient (i.e., naturally illuminated environment) light measurement when measured at the recommended distance, based on the electronic message display size.
9.
If a property has an electronic message display sign that is in a residential district or the electronic message display is within 150 feet of a residential district, it must be turned off from dusk until dawn. If the sign is not equipped with this option the sign must be turned off between 7:00 p.m. and 7:00 a.m.
10.
All electronic message display signs permitted before the effective date of this section that can be altered to comply with it must be so altered.
In the event of a malfunction, an electronic message display message sign shall turn to a dark screen. The dark screen shall remain until the malfunction is corrected.
N.
Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, military, and any of their flags adopted or sanctioned by an elected legislative body of competent jurisdiction are not considered signs.
(Ord. of 3-13-2013; Ord. of 4-23-2014; Ord. of 5-9-2018(2); Ord. of 10-10-2018(1); Ord. of 8-28-2019(2) Ord. of 3-9-2022(1) )
(A)
In the R residential districts the following accessory signs only shall be permitted:
(1)
One nonilluminated professional or nameplate sign not more than 144 square inches in area, and attached to the principal building.
(2)
One nonilluminated temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding eight square feet per sign face.
(3)
Signs which are deemed necessary to the public welfare by the governing body.
(4)
A sign or signs nonilluminated aggregating not more than 12 square feet in area advertising the name, activities, or condition of use of a permitted nonresidential use, farm, or parking lot.
(5)
Temporary signs subject to section 1.1012.
(6)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(B)
None of the signs permitted in divisions [subsections] (A)(1), (A)(2), or (A)(4) [of this section] above shall be erected nearer any street than half the required setback, provided that a nonilluminated nameplate sign not more than 72 square inches in area may be placed anywhere within the front yard.
(Ord. of 10-10-2018(1))
(A)
Sign(s) may be erected in residential districts for permitted non-residential uses. Such signs shall meet all the requirements as stated under this zoning ordinance including the following:
(1)
No establishment shall have a total of more than two signs facing upon any one street or parking area.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall exceed 32 square feet.
(b)
Where a sign extends more than three inches from the face of the building, the sign shall be no closer than eight feet to the ground.
(c)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
There shall be no more than one ground sign per public road frontage.
(a)
No part of the sign shall be closer than five feet to any property line or sidewalk.
(b)
No sign shall exceed 32 square feet in area for a single face and 64 square feet in area if a two-sided sign. If a parcel has multiple road frontage access, then an additional ground sign is allowed up to a maximum of 50 square feet of total signage, counting a single face of each sign. Sign(s) shall not exceed six feet in height.
(4)
Temporary signs subject to section 1.1012.
(5)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 9-11-2017(1); Ord. of 10-10-2018(1); Ord. of 8-14-2019(2) )
(A)
In the R-4 apartment district the provisions of section 1.1002 shall apply, except that the professional or nameplate sign as regulated in that section may be increased to a total area of four square feet. A group of apartment buildings may display one identification sign of not more than 24 square feet in area per sign face.
(A)
In B-OS business, office, service districts, no sign shall be permitted which is not accessory to the business conducted on the property and shall meet all requirements of this [zoning] ordinance including the following:
(1)
No establishment shall have a total of more than two signs facing upon any one street or parking area, provided the total sign area for all signs permitted shall not exceed 30 percent of the area of the front face of the building.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall extend further than 24 inches over a street or public property. Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
A ground sign is permitted, computed as part of the maximum total area permitted in [subsection (A)(1) [of this section] above. The sign shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(4)
Temporary signs subject to section 1.1012.
(5)
For rent, lease or property for sale signs no larger than 25 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 10-10-2018(1))
In the central business district, the boundaries of which are defined in the Sturgis master plan, no sign shall be permitted which is not accessory to the business conducted on the property. Accessory signs may only be erected, painted or placed in accordance with the following requirements. Areas located in the central business district as defined in this paragraph but not located in the B-C - Central Business zoning district shall follow the requirements for temporary signs of the zoning district in which they are located.
A.
Signage size, location and number.
(1)
The total area for all permitted signs shall not exceed ten percent of the first floor front face area of a tenant.
(2)
Additional signage allowed. The following signs are allowed and are not counted as part of the total sign area calculation in subsection A. (1) of this section.
i.
An additional sign for each first floor tenant space may be placed on the rear of a building, if that tenant space has an entrance at the rear of the building used by the public. This sign cannot exceed 50 percent of the allowable signage.
ii.
Window signage equal to not more than ten percent of each individual window and up to a total of 25 square feet per tenant is allowed.
iii.
An additional sign relating to business open and hours may be provided for each first floor tenant space of a building. These signs must be window signs subject to the regulations of section 1.1006.
iv.
An additional sign may be placed on the first floor of the building listing all businesses operating on a floor other than the first floor. The total area of this sign may be 25 percent of the primary exterior entry way leading to the non-first floor tenant space(s) as determined by the zoning administrator. The sign may not exceed five square feet.
v.
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property.
(3)
If a first floor tenant space has no access from the front of the building and its main store front is on the side or rear of the building, the total area for all permitted signs of that tenant space shall not exceed ten percent of the first floor tenant space of the main store front.
i.
The location of the main store front will be determined by the zoning administrator.
ii.
The tenant space will be allowed an additional signage as per subsection A. (2) of this section, with the exception of A. (2) i.
(4)
No tenant space shall have a total of more than two signs facing upon any one street or parking area, not including signs under subsection A. (2) of this section.
(5)
No sign shall be placed above the first floor or above the bottom window ledge of the second-floor windows. If the entire wall area of a face of the building has no windows a sign may be placed anywhere on the wall face.
(6)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(7)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
B.
Sign area computation shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
C.
Signage types.
(1)
Ground sign. A freestanding ground sign is permitted, computed as part of the maximum total area permitted in subsection A. of this section. The sign shall not exceed 32 square feet in display area. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107.
(2)
A building with at least three or more distinct business or office uses shall be permitted to have a sign identifying each business or office as a combined ground sign. The area of a ground sign shall not exceed 60 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however no one business shall exceed 50 percent of maximum area allowed.
(3)
Canopy sign. Where a building has a canopy constructed as an integral part of the building, signs may be placed upon the canopy if parallel to the building face.
i.
The permitted area of awning and canopy signs shall be determined as part of the total area for signs as provided in subsection A. of this section.
ii.
Awning and canopy signs can be internally lighted provided that only the letters and/or logo of the sign are illuminated and are designed with a translucent and not transparent material. Any other part of the awning must be made of an opaque material.
(4)
Window sign. Window signage should be applied to the window or mounted on the interior of the building using high quality materials and application methods such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs, or neon surrounding an entire window is prohibited.
D.
Nonconforming signs shall be permitted to continue provided no business name change is made nor any alteration other than ordinary maintenance is performed. Should a business move or vacate a premises all nonconforming signs shall be removed and building walls shall be left in good repair and properly maintained pursuant to chapter 31 of the basic building codes as adopted by the city within 60 days. Buildings that have been vacant for more than one year prior to the effective date of this zoning ordinance, shall immediately have all signs removed and building walls left in good repair. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
E.
Sign materials and lighting shall be harmonious with the historic character of the buildings in the district and shall utilize materials as may be appropriate such as wood, brass, vintage painting, etc. in conformity with design guidelines established by the downtown development authority, a copy of which is incorporated herein by reference and which is available in the office of the city clerk. The building department shall be responsible for determining if the sign design is in conformity with those design guidelines, subject to review by the planning board or its designated design review committee.
F.
Internal and external illumination on signage in the central business district (B-C) is allowed as regulated in this zoning ordinance.
(1)
Provided lighting must be steady and stationary in source and intensity. Acceptable sources include incandescent, halogen, neon, LED, and metal halide lighting.
(2)
For internally lighted signs and awnings, only letters, numerals, and logos may be illuminated.
(3)
Acceptable forms of internally lighted signs include:
i.
Backlit (halo) signs.
ii.
Individual internally-illuminated letters (channel or dimensional lettering).
iii.
Box-type signs with three-dimensional push-through or inset graphics.
iv.
Awning or canopy signs where letters and logos are translucent.
(4)
All proposed internally illuminated signage will be sent to the design review committee for recommendation before an application is considered by the planning commission.
G.
Internally illuminated box signs shall only be permitted with metal or completely opaque material backgrounds. Letters and logos must be stencil cut through the surface and filled with three-dimensional push-through or inset graphics that are of a translucent and not transparent material.
H.
Internally lit, channel letter/logo signs may be lit using either exposed neon tubing within the letter/logo channel or another light source behind a translucent, not transparent material. For non-neon signs, letter forms must contain soft, diffused light sources inside each letter or logo. Regulations for distance of the letters from the building will be as follows:
(1)
Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.
(2)
Channel letters with remote transformers shall not extend more than 12 inches from the building wall.
(3)
Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.
I.
No flashing sign, rotating or moving sign, animated sign or sign with moving lights or creating the illusion of movement shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every 15 seconds.
J.
The building department may request a review by the planning board design review committee where a question may exist as to the application of this section.
A design review committee shall be appointed by the planning board for the purpose of assisting the planning board to preserve, protect and enhance the aesthetic appeal of the central business district as it relates to signage and to protect property values through the application of good design principles; and promote the general health, safety and welfare of the central business district and the community. The design review committee shall consist of not less than three regular members and shall include one member of the planning board, one member of the downtown development authority and one member at large. The review committee, as it determines necessary or appropriate, shall utilize the assistance of planning, architectural and other consultants. The review committee shall seek the assistance of relevant experts in an effort to achieve accord in those instances in which the applicant objects to the decision of the review committee.
K.
Temporary signs subject to section 1.1012.
(Ord. of 4-23-2014; Ord. of 6-23-2015; Ord of. 5-9-2018(1); Ord. of 10-10-2018(1))
(A)
In the B-H 1 business highway district no sign[s] shall be permitted which is [that are] not accessory to the business conducted on the property, except a billboard as a special use subject to the following requirements are met.
(1)
No establishment shall have a total of more than three sign types facing upon any one street or parking area.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
Wall signs are permitted and the combined area per street frontage shall not exceed 15 percent of the total area of the wall to which the signs are attached. In addition, the total area shall not exceed 100 square feet per street frontage. The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(c)
For wall frontage on a public or private street that exceeds 200 lineal feet of frontage and with a setback greater than 300 feet from a public or private street and having a usable floor area of 50,000 square feet or more, the following maximum allowable sign areas may be used in place of subsection 1.1007(A)(2)(b):
(3)
All pylon or ground signs must meet the following requirements:
(a)
A pylon sign is permitted and shall not exceed 60 square feet in area per sign face. A pylon sign shall be no higher than 30 feet or closer to the ground than eight feet. No part of the sign shall be closer than five feet to a property line. In no case shall there be more than one pylon sign with the same business name or logo facing upon any one street.
(b)
A ground sign is permitted and shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(c)
There shall only be one ground sign or pylon sign facing upon any one street; however, a second sign shall be allowed for a development having more than one entranceway onto a road right-of-way, and where those entrance ways are at least 250 lineal feet apart. In these cases, signs must be placed no closer than 150 lineal feet apart and the second sign shall be a ground sign.
(d)
A shopping center, business or office complex with at least three or more distinct business or office uses shall be permitted to have a sign identifying each business or office as a combined pylon or ground sign. The area of a pylon sign shall not exceed 120 square feet per sign face and the area of a ground sign shall not exceed 60 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however no one business shall exceed 50 percent of maximum area allowed. In cases where a gasoline service station is considered part of a shopping center, business or office complex under this section, [subsection] 1.1007(A)(7)(d) shall not apply.
(4)
Lots with dual frontages may not combine permissible signs for one frontage with another frontage for the purpose of placing a combined area of sign area on one frontage.
(5)
No sign shall be lighted by means of flashing or intermittent illumination. All light sources used for the illumination of signs or buildings or areas surrounding them, or for the illumination of display merchandise or products shall be completely shielded from the view of vehicular traffic.
(6)
Gasoline service stations, vehicle sales areas, and vehicle repair shops may display, in addition to the foregoing, the following signs which are deemed customary and necessary to their respective uses.
(a)
Two temporary signs located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each sign does not exceed nine square feet in area.
(b)
Customary directional signs or lettering displayed over entrance doors or bays.
(c)
Customary lettering or other insignia which are a structural part of a gasoline pumping island, including credit card or seasonal temporary signs.
(d)
An electronic message display sign is permitted only to be located as an addition to a pylon sign or ground sign and shall be allowed up to an additional 60 square feet per sign face on a pylon sign and 30 square feet per sign face on a ground sign.
(7)
Temporary signs subject to section 1.1012.
(8)
Nonconforming signs shall be permitted to continue, provided should a business move or vacate a premises all non-conforming signs shall be removed or made to comply with zoning ordinance requirements. Building walls shall be left in good repair and properly maintained within 60 days pursuant to applicable sections of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(9)
For rent, lease or property for sale signs no larger than 36 square feet in area per sign face advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 6-24-2014; Ord. of 5-9-2018(2); Ord. of 10-10-2018(1))
(A)
In the B-H 2 business highway 2 and M manufacturing districts sign[s] shall be permitted which is [that are] not accessory to the business conducted on the property, except a billboard[,] as a special use subject to the following requirements are met.
(1)
No establishment shall have a total of more than three signs facing upon any one street or parking area, provided the total sign area for all signs permitted shall not exceed 30 percent of the area of the front face of the building up to a maximum of 150 square feet.
(2)
All signs attached to a building shall comply with the following requirements:
(a)
No sign shall extend further than 15 inches over a street or public property, or required side yard. Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(b)
The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(3)
A pylon sign is permitted, computed as part of the maximum total area permitted in [subsection (A)](1) [of this section] above. The sign shall not exceed 60 square feet in area. A pylon sign shall be no higher than 30 feet or closer to the ground than eight feet. No part of the sign shall be closer than five feet to a property line.
(4)
A ground sign is permitted, computed as part of the maximum total area permitted in [subsection (A)](1) [of this section] above. The sign shall not exceed 30 square feet in area per sign face and shall not exceed six feet in height. No part of the sign shall be closer than five feet to the property line.
(5)
A shopping center, business or office complex with a group of business or office use shall be permitted to have a sign identifying each business or office as a pylon or ground sign. The area of such sign shall be governed by the sign area allowed for all signs as required in [section 1.1008(A)(1) above. The sign area allowed for each business or office shall be prorated based on the sign area allowed for each business or office unless otherwise agreed to by the shopping center, business or office complex but in no instance shall the total area of all signs exceed the requirements of section 1.008(A)(1).
(6)
No sign shall be lighted by means of flashing or intermittent illumination. All light sources used for the illumination of signs or buildings or areas surrounding them, or for the illumination of display merchandise or products shall be completely shielded from the view of vehicular traffic.
(7)
Billboards may be permitted in M manufacturing districts in accord with provisions of article VI, special land uses and structures, section 1.0603(FF).
(8)
Gasoline service stations, vehicle sales areas, and vehicle repair shops may display, in addition to the foregoing, the following signs which are deemed customary and necessary to their respective uses.
(a)
Two temporary signs located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each sign does not exceed nine square feet in area.
(b)
Customary directional signs or lettering displayed over entrance doors or bays.
(c)
Customary lettering or other insignia which are a structural part of a gasoline pumping island, including credit card or seasonal temporary signs.
(9)
Temporary signs subject to section 1.1012.
(10)
Nonconforming signs shall be permitted to continue[,] provided should a business move or vacate a premises all non-conforming signs shall be removed or made to comply with zoning ordinance requirements building (sic). Walls shall be left in good repair and properly maintained within 60 days pursuant to chapter 31 of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(11)
For rent, lease or property for sale signs no larger than 36 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 6-24-2014; Ord. of 10-10-2018(1))
(1)
Signs shall be designed as an integral part of the storefront design concept and shall complement the existing context of other buildings and signs in the PDD-2 district.
(2)
Primary sign area is limited to 1.5 square feet per linear foot of frontage, up to the maximum size indicated in the chart below. (Frontage is measured parallel to street right-of-way.)
(3)
Secondary sign area is limited to .75 square feet per linear foot of frontage, up to the maximum size indicated below.
(4)
Graphic symbols and corporate logos, when used with primary signs (sign types A, B, and C) shall not exceed eight feet in any one direction or 64 sq. ft. in aggregate area. Such square footage shall be computed as part of the maximum sign area permitted.
(5)
All primary signs must be three-dimensional, with maximum letter return of six inches and a minimum panel thickness of one inch.
(6)
Tenants in corner locations or with frontage on two principal streets may be permitted to use two or more primary signs for identification. If in a corner location, one of the signs must be a feature/marquee type sign.
(7)
Sign area is defined as the area within regular geometric shapes enclosing the limits of lettering, emblems, or other figures on a sign, together with any material or color forming an integral part of the display or used to differentiate the sign from the background on which it is placed. Structural members bearing no sign copy shall not be included in its surface area.
(8)
Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any of their flag adopted or sanctioned by an elected legislative body of competent jurisdiction are not considered signs.
(9)
Temporary signs subject to section 1.1012.
(10)
Signs are not permitted on rooftops.
(11)
For rent, lease or property for sale signs no larger than 32 square feet in area advertising the property on which they are located are permitted provided that no building larger than 1,000 square feet is currently located on the property and such signs are promptly removed upon a building of larger than 1,000 square feet being constructed. For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted on properties containing a building of greater than 1,000 square feet provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required. Properties with frontage on two or more principle streets may be permitted to use one sign meeting the requirements of this section facing each [principal] street.
(Ord. of 11-13-2013; Ord. of 5-13-2015; Ord. of 11-08-2017(1); Ord. of 10-10-2018(1))
In all zoning districts temporary promotional materials shall be displayed and removed with strict adherence to the following guidelines:
(a)
First story windows only.
(b)
Coverage 30 percent of total square feet of all display windows, not to exceed 50 percent coverage of any single pane/panel or contiguous series of panes/panels.
(c)
Time limitations: All temporary promotional materials must be removed within 60 days of installation. Temporary promotional materials may be displayed year round however each special promotion i.e., Christmas holidays, new product line, sale, etc. may only be advertised in this fashion for a maximum of 60 days.
(d)
Installation and removal: Any adhesive applied to glass must be transparent. All materials used for installation tape etc. must be completely removed when promotion posters are removed.
Temporary Promotion Material
(Ord. of 6-24-2015)
Editor's note— An ordinance adopted June 24, 2015, renumbered § 1.1008 as 1.1009. In order to maintain the current numbering system and addition of new sections, at the instruction of the city, these provisions have been renumbered as § 1.1010 to read as set out herein.
(A)
Sign(s) may be erected in any district for public parks and public facilities. Such signs shall meet all requirements as stated under this zoning ordinance including the following:
(1)
Such signs may be placed on the property line if all corner clearances are maintained at all driveways, buildings and parking areas.
(2)
All signs are subject to final approval from the planning commission and the following standards should be used for establishing size, setback and placement of signs:
(a)
Visibility of vehicular and pedestrian traffic off site and at the site, visibility and legibility of signs for drivers and/or pedestrians and the impact upon the visibility of traffic signals or regulatory devices in the public street right-of-way.
(b)
Negative impact of proposed signs upon adjacent properties and their signage and the impact of lighting and appearance of signs upon residential zoned property.
(c)
Particular site characteristics such as yard areas, landscaping, topography, location of buildings, site use and number of street frontages.
(3)
Emergency, directional, parking, address, temporary event or activity and promotional signs shall not require a permit if it does not exceed 32 square feet.
(4)
For rent, lease or property for sale signs no larger than 16 square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property. A permit for such sign shall not be required.
(Ord. of 9-11-2017(1))
(A)
Temporary signs in commercial districts. B-H 1, B-H 2, and B-OS are permitted subject to the following conditions:
(1)
A temporary sign shall only be displayed upon receipt of an issued permit.
(2)
Temporary signs must be accessory to a business on the parcel.
a)
Permission must be granted by all tenants and the owner of the parcel to display non accessory sign for up to five business days.
(3)
Upon expiration of the permit, the sign shall be removed by the permit holder.
(4)
No part of a temporary sign shall be closer than five feet to any property line.
(5)
Temporary signs may not be placed in any parking area.
(6)
All temporary signs must be maintained in good condition.
(7)
Corner clearance requirements must be maintained as per section 1.1107.
(8)
Temporary sign types allowed as a periodic permit: banner, portable, rigid frame yard sign, feather, wire frame yard sign and flag signs.
a)
No temporary banner, portable, wire frame or rigid frame yard sign shall be displayed for more than 30 calendar days for any one permit and no more than two permits shall be issued for any tenant space during any calendar year. Each sign requires a permit.
b)
No temporary feather or flag sign shall be permitted for more than two consecutive weeks and no more than four permits shall be issued for any tenant space during any calendar year. Each sign requires a permit.
c)
Signs under this subsection must be placed at least 50 feet from another temporary sign on the same parcel and not create a vision hazard.
d)
No more than two signs under this subsection may be displayed at any one time by the same tenant.
(9)
Temporary sign types allowed as a permanent permit: Feather, flag, wire frame yard sign and sandwich board signs.
a)
These types of signs may be placed on private sidewalks or walking areas that are immediately adjacent to the building entrance for which it is advertising.
b)
They must allow for a minimum 60 inches of unobstructed pedestrian walkway and shall not obstruct access to parking or create a vision hazard.
c)
Only one temporary sign as a permanent permit may be displayed at any one time in addition to any temporary sign(s) as a periodic permit.
d)
They may only be displayed during business hours and must be removed at the close of business hours.
e)
A permit must be issued for each temporary sign as a permanent permit.
(10)
Maximum height and square feet for these signs are listed in table 1.1012 A1.
TABLE 1.1012 A1
(11)
Flag signs may not be placed where the lowest edge of the flag is less than seven feet to the ground level when attached to a building. If placed in a pedestal or into the ground it may not exceed eight feet in height.
(12)
Air-blown devices and inflatable signs are allowed two times per year. A permit is required each time an air blown device will be displayed.
a)
These types of signs shall be secured directly to, and not suspended from, the ground. They may not be placed on a roof or suspended from a building.
b)
Inflatable signs shall not exceed 30 percent of the total area of the wall of the tenant space or 60 sq. ft., whichever is larger. Inflatable signs shall not exceed 30 ft. in height when fully inflated.
c)
Air blown devices and inflatable signs must be set back the maximum height of the sign from the property line but in no instance shall this be less than five feet.
d)
They shall not be located in required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign or its securing device encroach into the right-of-way.
e)
Each permit allows for display up to ten consecutive days.
(13)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(B)
Temporary signs in M - Manufacturing district are permitted subject to the following conditions:
(1)
Temporary signs shall be allowed in manufacturing districts and no permit is required as long as the requirements of this section are met.
(2)
Temporary signs shall not exceed six feet in height or 32 square feet in area.
(3)
No temporary sign shall be displayed for more than 30 consecutive days.
(4)
No temporary sign shall be closer than five feet to any property line.
(5)
Corner clearance requirements must be maintained as per section 1.1107.
(6)
All temporary signs must be maintained in good condition.
(7)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(C)
Temporary signs in residential districts.
(1)
Temporary signs shall be allowed in residential districts and no permit is required as long as the requirements of this section are met.
(2)
Temporary signs shall not exceed three feet in height or six square feet in area.
(3)
No temporary sign shall be displayed for more than 30 consecutive days.
(4)
No temporary sign shall be closer than five feet to any property line.
(5)
No temporary sign shall be placed in the right-of-way.
(6)
Corner clearance requirements must be maintained as per section 1.1107.
(7)
All temporary signs must be maintained in good condition.
(8)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(D)
Temporary signs in the B-C - Central business, B-N - Business neighborhood, and PDD-2 zoning districts are permitted subject to the following conditions:
(1)
A temporary sign shall only be displayed upon receipt of an issued permit.
(2)
Temporary sign types allowed as a permanent permit: Feather, flag and sandwich board signs.
a)
Two temporary signs may be placed at the same time, but they each must be a different, permitted sign type.
b)
Feather and sandwich board signs may be placed on sidewalks or walking areas that are directly in front of tenant space for which it is advertising.
c)
They must allow for a minimum 60 inches of unobstructed pedestrian walkway and shall not obstruct access to parking or create a vision hazard.
d)
Feather flags may be displayed using any of the following methods:
i.
Attached to a pedestal style base not affixed to the ground.
ii.
Placed in the existing flag holes constructed by the city. These holes may only be utilized when not otherwise used for display of the American flag by the city or other group authorized by the city. If a feather flag is displayed at the time an authorized group wishes to display the American flag, the feather flag must be immediately removed.
e)
Flags may be displayed using one of the following methods:
i.
Attached to the building wall of the tenant space for which it is advertising where the lowest edge of the flag must be seven feet or more and not extend above the first floor tenant space.
ii.
Placed in the existing flag holes constructed by the city. These holes may only be utilized when not otherwise used for display of the American flag by the city or other group authorized by the city. If a flag sign is displayed at the time an authorized group wishes to display the American flag, the flag sign must be immediately removed.
f)
They may only be displayed during business hours and must be removed at the close of business hours.
g)
A permit must be issued for each sign.
(3)
Maximum height and square feet for these signs are listed in table 1.1012 D1.
Table 1.1012 D1
(4)
Banner signs shall only be allowed for up to 30 days within 90 days of a new business opening. The sign shall not exceed 32 square feet in area and four feet in height. The banner sign must be placed on the building where the new tenant is located.
(5)
Tenant spaces other than on the first floor may be permitted a sandwich board sign in front of first floor tenant space.
(E)
Enforcement. Upon failure of any person to comply with the provisions of the sign ordinance, the city may effectuate compliance by first notifying the owner of the sign in violation by mail, phone, or in person that they have 24 hours to come into compliance. If the sign is not removed or brought into compliance, a citation may be issued as per appendix B Fine Schedule in the City Code of Ordinances. A citation may be issued for each day the violation remains.
(Ord. of 10-10-2018(1) Ord. of 3-9-2022(1) )
Editor's note— Ord. of 10-10-2018(1) set out provisions to be included as § 1.1011. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 1.1012, at the discretion of the editor.
(A)
Signage size, location and number. Buildings in PDD-3 are allowed signage for the primary occupant, secondary tenant spaces, and one building ground sign.
(1)
Primary occupant signage. The total area for all permitted signs for the primary occupant shall not exceed ten percent of the first floor main face area of the building.
i.
The primary occupant is defined as the business or entity that occupies more than 50 percent of the floor area of building.
ii.
The main face of the building will be determined by the zoning administrator.
iii.
The primary occupant shall have a total of no more than two signs attached to the building, not including signs under subsection (A)(4) of this section.
(2)
Secondary tenant space signage. The total area for all permitted signs for a secondary tenant shall not exceed ten percent of the first floor front face area of the tenant space.
i.
A secondary tenant is defined as any business that occupies less than 50 percent of the floor area of the building and has a tenant space with a public, exterior access.
ii.
A secondary tenant space shall have a total of no more than two signs facing upon any one street or parking area, not including signs under subsection (A)(4) of this section.
iii.
No sign for a secondary tenant space shall be placed above the first floor.
(3)
Building ground sign. Each parcel is permitted one freestanding ground sign. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107.
i.
If promoting only the primary occupant, the sign shall not exceed 32 square feet in display area per sign face.
ii.
If promoting the primary occupant and at least one secondary tenant, the total area of the sign shall not exceed 60 square feet per sign face. The sign area allowed for the primary occupant shall not exceed 32 square feet per sign face and the sign area for any secondary tenant cannot exceed one half the sign area per sign face of the primary occupant.
iii.
Sign area within the ground sign is not counted as part of the total sign area calculation for the primary occupant or secondary tenant spaces.
(4)
Additional signage allowed. The following signs are allowed and are not counted as part of the total sign area calculation in subsection (A)(1) of this section.
i.
An additional sign for each first floor tenant space may be placed on the rear of a building, if that tenant space has an entrance at the rear of the building used by the public. This sign cannot exceed 50 percent of the allowable signage.
ii.
Window signage equal to not more than ten percent of each individual window and up to a total of 25 square feet per tenant is allowed.
iii.
An additional sign relating to business open and hours may be provided for each first floor tenant space of a building. These signs must be window signs subject to the regulations of section 1.1006.
iv.
For rent, lease or property for sale signs no larger than sixteen (16) square feet in area advertising the property on which they are located are permitted provided such signs are promptly removed upon rent, lease or sale of such property.
(5)
[Location.] Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(6)
[Maximum width.] The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(B)
Sign area computation shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs where the lettering or signs are affixed to the wall of a building and the wall constitutes the background.
(C)
Signage types.
(1)
Awning or canopy sign. Where a building or tenant space has a canopy constructed as an integral part of the building, signs may be placed upon the canopy if parallel to the building face.
i.
Awning and canopy signs can be internally lighted provided that only the letters and/or logo of the sign are illuminated and are designed with a translucent and not transparent material. Any other part of the awning must be made of an opaque material.
(2)
Grand projecting sign. Tall, large, vertically oriented signs which project from the building perpendicular to the façade and which are structurally integrated into the building.
i.
Only allowed as a sign for the primary occupant.
ii.
Grand projecting signs shall be no taller than 30 feet from the bottom-most part of the sign to the tallest part of the sign. Shall project no more than six feet from the façade of the building. Shall be no less than 12 feet from the bottom-most part of the sign to the ground. No portion of the sign shall extend above the roofline.
iii.
No portion of the sign shall be located within four feet of any window of a residential unit or hotel room.
iv.
Grand projecting signs shall be illuminated only by steady, shielded light sources directed solely at the sign or at the sign or internal to it. Use of glaring undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or thoroughfares.
v.
No portion of a grand projecting sign shall be placed above the third floor of a building.
(3)
Projecting sign. Signs which are affixed to the building and oriented perpendicularly to the building façade.
i.
No projecting sign shall exceed 16 square feet in size.
ii.
Projecting signs shall project no more than four feet from the façade of the building.
iii.
No portion of the sign shall be located within four feet of any window of a residential unit or hotel room.
iv.
No projecting sign shall be placed above the first floor.
(4)
Wall sign. Signs located on and parallel to a building wall.
(5)
Window sign. Window signage should be applied to the window or mounted on the interior of the building using high quality materials and application methods such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs, or neon surrounding an entire window is prohibited.
(D)
If the building or any tenant space of the building has been vacant for more than one year the vacant space shall immediately have all signs removed and building walls and/or grounds left in good repair. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner of the real estate upon which the building is located and any such cost shall be a lien upon such real estate.
(E)
Sign materials and lighting shall be harmonious with the buildings in the district and in conformity with design guidelines established by the downtown development authority, a copy of which is incorporated herein by reference and which is available in the office of the city clerk. The building department shall be responsible for determining if the sign design is in conformity with those design guidelines, subject to review by the planning board or its designated design review committee.
(F)
No flashing sign, rotating or moving sign, animated sign or sign with moving lights or creating the illusion of movement shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every 15 seconds.
(G)
Internal and external illumination on signage in PDD-3 is allowed as regulated for signs in the B-C central business district, section 1.1006 of this zoning ordinance.
(H)
Temporary signs in PDD-3 are allowed as regulated in the B-C central business district subject to section 1.1012 of this zoning ordinance.
The building department may request a review by the planning board design review committee where a question may exist as to the application of this section.
(A)
In the B-N business neighborhood district no sign shall be permitted which is [that are] not accessory to the business conducted on the property. Residential uses that are not part of an apartment building or mixed-use development shall follow section 1.1002 of this zoning ordinance.
(B)
Signage size, location, and number.
(1)
The combined permitted signage area shall not exceed 30 percent of the total area of the building face parallel to the site's frontage. In addition, the total area shall not exceed 100 square feet. In the case of corner lots, the zoning administrator shall determine the street that constitutes the site's frontage.
(2)
No commercial establishment shall have a total of more than three signs facing upon any one street or parking area.
(3)
Where a sign extends more than three inches from the face of the building, the sign shall not be closer than eight feet to the ground.
(4)
There shall be no more than one ground sign per public road frontage.
(C)
Sign area computation. Calculation of the signage area shall include:
(1)
The total area of the lettering and display background where the sign background is separated from the building.
(2)
The total area encompassed by an imaginary line which can be drawn around all the lettering or designs, where the lettering or designs are affixed to the wall of a building and the wall constitutes the background.
(D)
Signage types.
(1)
Wall signs. The maximum width of any sign attached parallel to a wall shall not exceed 60 percent of the width of the wall.
(2)
Awning or canopy signs. The maximum area of an awning or canopy sign is ten square feet.
(3)
Projecting signs. The maximum area of a projecting sign is ten square feet.
(4)
Ground sign. A freestanding ground sign is permitted, computed as part of the maximum total area permitted in subsection (C) of this section. The sign shall not exceed 32 square feet in display area. The freestanding ground sign shall not exceed six feet in height and must be set back five feet from all property lines. Corner clearances must be maintained as per section 1.1107; corner clearance requirements may be reviewed by the zoning board of appeals.
(5)
Multi-tenant ground sign. A building with three or more distinct business or office uses shall be permitted to have a combined ground sign identifying each business or office. The area of such combined ground sign shall not exceed 64 square feet per sign face. The sign area allowed for each business or office shall be prorated by the shopping center, business or office complex; however, no one business shall exceed 50 percent of maximum area allowed.
(4)
Window signage. Window signage equal to not more than ten percent of each individual window, and up to a total of 25 square feet per tenant, is allowed. This area shall not be counted as part of the total sign area calculation in subsection (C). Window signage shall be applied to the window or mounted on the interior of the building using materials such as paint or vinyl film, wood or metal panels with applied lettering, or neon signs conforming to the other provisions of this zoning code. Illuminated tube band signs and neon surrounding an entire window are prohibited.
(5)
[Temporary signs.] Temporary signs subject to section 1.1012.
(E)
Nonconforming signs.
(1)
Continuation and conditions for removal. Nonconforming signs shall be permitted to continue, provided all non-conforming signs shall be removed or made to comply with zoning ordinance requirements when the business moves or vacates a premises. Building walls shall be left in good repair and properly maintained within 60 days pursuant to applicable sections of the basic building codes as adopted by the city. Upon failure of any person to comply with the provisions of this section, the city may effectuate compliance through any available public agency or by contract or arrangement by private persons; the cost thereof shall be charged against the owner of the real estate upon which the building is located, and any such cost shall be a lien upon such real estate.
(2)
Existing pylon signs. Class A nonconforming structure status as provided in sections 1.0802 and 1.0803 of this zoning ordinance is hereby granted without further action to any pylon signs located in the B-N business neighborhood district effective to the date of this ordinance amendment and as referenced in section 1.0711.
(F)
Internal and external illumination. Internal and external illumination on signage is allowed as regulated in this section.
(1)
Lighting must be steady and stationary in source and intensity. Acceptable sources include incandescent, halogen, LED, and metal halide lighting.
(2)
For internally lighted signs and awnings, only numbers, numerals, and logos may be illuminated.
(3)
Acceptable forms of internally lighted signs included:
i.
Backlit (halo) signs.
ii.
Individually internally-illuminated letters (channel or dimensional lettering).
iii.
Box-type signs with three-dimensional push-through or inset graphics.
iv.
Awning or canopy signs where letters and logos are translucent.
(4)
Internally illuminated box signs shall only be permitted with metal or completely opaque material backgrounds. Letters and logos must be stencil-cut through the surface and filled with three-dimensional push-through or inset graphics that are of a translucent and not transparent material.
(5)
Internally lit, channel letter/logo signs may be lit using either exposed neon tubing within the letter/logo channel or another light source behind a translucent, not transparent material. For non-neon signs, letter forms must contain soft, diffused light sources inside each letter or logo. Regulations for distance of the letters from the building will be as follows:
i.
Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.
ii.
Channel letters with remote transformers shall not extend more than 12 inches from the building wall.
iii.
Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.
(6)
No flashing sign, rotating or moving sign, animated sign, sign with moving lights, or sign creating the illusion of movement shall be permitted.
(7)
If the building official cannot determine whether the project meets the standards, the building official shall refer the project to the design review committee for its determination and recommendation to the planning board for approval.