Vicksburg, MI Zoning Ordinance

§ 475-9.01 Purpose.

The intent of this article is to encourage the effective use of signs as a means of communication in the Village, to maintain the aesthetic environment, and to promote the Village's ability to attract sources of economic development and growth. The placement and design of signs should further the land use planning objectives of the Village and minimize the possible adverse effect of signs on nearby public and private property. Signs should be compatible with neighborhood character and protect the value of surrounding properties. The regulations contained in this article are based on a determination that an excessive amount and improper placement of signs results in reduced ability of motorists to see and clearly interpret signs and to safely and efficiently maneuver to their desired destination, as well as degradation of the aesthetic environment of the Village, which is important to economic prosperity and property values. These regulations also are based on the recognition that businesses and other land uses in the Village require an amount of signage sufficient to provide awareness to passing motorists of the location and nature of the business.

§ 475-9.02 Scope of requirements.

It shall be unlawful for any person, firm, or corporation to erect, construct, or alter any sign in the Village except in conformance with the provisions of this article, subject to issuance of a permit, except as otherwise provided herein.

§ 475-9.03 Administration and enforcement.

Plans, specifications, and permits.

(1)

Permits. Any person or entity desiring to construct, reconstruct, replace, modify, or alter any permitted signage on the property shall first obtain a permit authorizing such signage. Written application for a sign permit, shall be submitted to the Village for review consideration. A permit shall require payment of a fee, which shall be established by the Village Council in the form of an adopted resolution or other means to regulate fees. The Village Council and/or Village Manager, having authority, may waive any fee at its discretion.

(2)

Applications. Application for a sign permit shall be made upon forms provided by the Village. Where several signs are proposed for the same use, all such signs may be included in a single permit application. The following information shall be required:

(a)

Name, address, and telephone number of the applicant.

(b)

Location of the building, structure, or lot on which the sign is to be attached or erected.

(c)

Position of the sign in relation to nearby buildings, structures, property lines, and right-of-way lines.

(d)

A permit fee, when applicable, in an amount established from time to time by resolution of the Village Council.

(e)

Plans of the sign drawn to scale, accurately depicting its dimensions, height and location in relation to surrounding lot lines and public rights-of-way.

(f)

Identification of means of illumination of the sign, if any.

(g)

Copies of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure.

(h)

Name and address of the person, firm, or corporation owning, erecting, and maintaining the sign.

(i)

Information concerning required electrical connections.

(j)

Insurance policy or bond, as required in this article.

(k)

Written consent of the record owner of the property upon which the sign is proposed to be located, or by other evidence that the applicant is entitled to erect and maintain the sign as proposed.

(l)

Other information required by the reviewing body to make the determination that the sign is in compliance with all applicable laws and regulations.

(3)

Review of application.

(a)

Zoning Administrator review. The Zoning Administrator or Village designee shall review the sign permit application for any sign proposed on a site or existing building.

(b)

Approval of application. An application for a sign permit shall be approved if the application, plans and other supporting information are in conformance with the provisions of this article.

(c)

Issuance of permit. The Zoning Administrator or designated designee, shall have the authority to issue a sign permit.

(4)

Exceptions. A sign shall not be enlarged or relocated except in conformity with the provisions set forth herein for new signs, nor until a proper permit has been secured. However, a new permit shall not be required for ordinary servicing or repainting of an existing sign message, cleaning of a sign, or changing of the message on the sign where the sign is designed for such changes (such as, but not limited to, changeable copy on a marquee or monument sign). Furthermore, a permit shall not be required for certain exempt signs listed in this chapter.

(5)

Removal agreement or bond. The Zoning Administrator may require a performance guarantee to guarantee the future removal of a sign. All signs erected by a business must be removed within 30 days if that business closes. Freestanding sign structures may remain in place, but must be fitted with a blank face.

(6)

Removal of unsafe or unlawful signs. Signs which are unlawful or deemed to be unsafe by the Zoning Administrator, or Village Designee, shall be removed or made safe in conformity with the provisions of this article.

Nonconforming signs. All signs erected or constructed after the effective date of this chapter shall conform to the requirements set forth herein and any amendments hereof. Any sign or billboard erected or constructed after the effective date of this chapter that does not conform to the requirements of this chapter shall be deemed an unlawful structure.

A sign in existence on the effective date of this chapter which was constructed in conformity with the ordinances and other applicable laws in effect on the date of its construction, but which, by reason of its size, height, location, design, or construction, is not in conformance with the requirements of this chapter, shall be a lawful nonconforming sign, and shall conform to the following regulations.

(1)

No increase in nonconformity. A lawful nonconforming sign may be continued and shall be permitted to remain in place, provided that no action is taken which increases the degree or extent of the nonconformity. Any sign that has been destroyed by fire, storm, or other unintentional act, or any sign that has been intentionally demolished, shall be either replaced by a conforming sign, or replaced in such a manner that does not increase its degree or extent of the nonconformity.

(2)

Repairs and maintenance. Normal maintenance shall be permitted; normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices.

(3)

Nonconforming changeable copy signs. The message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed provided that the change does not create any greater nonconformity.

(4)

Substitution. No nonconforming sign shall be replaced with another nonconforming sign.

(5)

Modifications to the principal building. Whenever the principal building on a site on which a nonconforming sign is located is modified to the extent that site plan review and approval is required, all nonconforming signs shall be removed, unless otherwise permitted to remain by approval of the Planning Commission during site plan review.

Removal. The Village of Vicksburg, or their designee, may remove or cause to be removed any permanent sign that did not receive a permit prior to installation or any temporary sign that violates any provision of this chapter. The sign owner will be invoiced for removal costs at a rate to be determined by the Village Council.

§ 475-9.04 Exempt and prohibited signs.

Exempt signs. A sign permit shall not be required for the following signs, provided all applicable requirements and standards as specified are met, and which shall be permitted subject to applicable provisions herein.

(1)

All signs of two square feet or less in area.

(2)

Signs on a bus, truck, trailer, or other vehicle while operated and used for transport in the normal course of a business, provided that the vehicle shall be operable and licensed at all times.

(3)

Public signs, including the authorized signs of a government body or public utility such as traffic control signs and devices, emergency and warning signs, legal notices, warnings of a hazard, and similar signs.

(4)

Any sign required to be displayed by law or necessary for the public safety or civil defense.

(5)

Public and private traffic control signs which conform to the requirements of the Michigan Manual of Uniform Traffic Control Devices.

(6)

Interior signs.

(7)

Historical plaques erected and maintained by non-profit or governmental organizations, memorial signs, tablets, building cornerstones and erection date stones.

(8)

Signs intended to safely and efficiently direct vehicular or pedestrian traffic to parking areas, loading areas, or to certain buildings or locations on the site. Such signs shall not exceed four square feet in area, or four feet in height, and must be outside the existing or planned right-of-way line.

(9)

One sign, not exceeding 32 square feet, on a site with a building that is actively under construction.

(10)

Integral decorative or architectural features of buildings or artwork, including murals, so long as such features or works do not contain an explicit message, words in any language, moving parts, or illumination. All murals must be painted with the permission of the property owner.

(11)

All signage within the Downtown Development Authority (DDA) Boundary, as adopted by the Village Council, shall be regulated by this chapter. The Downtown Development Authority shall have the ability to set additional regulations for design criteria for any permanent sign erected within its boundary.

Prohibited signs. The following signs are prohibited in all districts.

(1)

Signs where illumination can shine directly into the eyes of any occupant of any vehicle traveling upon a road, driveway, or parking area, or into any window of any residence, or where the illumination interferes with the visibility or readability of any traffic sign or device.

(2)

Moving signs, including any sign which has any visible moving parts, visible revolving parts, visible mechanical movement, or any other visible movement achieved by electrical, electronic, or mechanical means, including intermittent electric pulsations or movement caused by normal wind current or multi-vision signs, as defined herein. Flag and banner signs shall be exempt from this regulation.

(3)

Any sign or sign structure which:

(a)

Is structurally or electrically unsafe;

(b)

Constitutes a hazard by reason of inadequate maintenance, dilapidation, or abandonment;

(c)

Has deteriorated to the point where it has become a blight on surrounding properties; or

(d)

Is not kept in good repair, such that it has broken parts, non-operational lights, or similar issues.

(4)

Signs affixed to a parked and unregistered vehicle without a valid license plate.

(5)

Any sign obstructing free access to or egress from a required door, window, fire escape, or other required exit.

(6)

Any sign projecting into the public right-of-way.

(7)

Any sign erected on any property, public or private, without the consent of the property owner.

(8)

Any sign located within the public right-of-way, except those placed by authorized public entities.

(9)

Inflatable and balloon signs.

(10)

Billboards, except when permitted by State of Michigan regulations that supersede this chapter.

(11)

Signs using electronic display, video display, or projected images.

The Village of Vicksburg shall have the authority to immediately remove or cause to be removed any sign which has been placed or located within the public right-of-way contrary to the provisions of the Ordinance or not authorized by other applicable agencies.

§ 475-9.05 Sign design standards.

Construction standards. All signs placed upon any building, structure, lot or parcel shall comply with the following standards.

(1)

General requirements. All signs shall be designed and constructed in a safe and stable manner in accordance with the Village's adopted building code and electrical code. All electrical wiring associated with a freestanding sign shall be installed underground.

(2)

Building code. In addition to complying with the requirements of this article, the design and construction of all signs shall comply with the most current version of the Michigan Building Code, as adopted and amended by the Village.

(3)

Sign maintenance. Every sign in the Village, including those signs for which permits are required or exempt signs for which no permits are required, shall be maintained in good structural condition at all times. All signs, including exempt signs, shall be kept neatly painted, including all metal parts and supports. The Village shall have the authority to order the painting, repair, alteration or removal of signs which become dilapidated or are abandoned, or which constitute a hazard to public safety.

Illumination.

(1)

General requirements. Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it. Signs may be internally or externally illuminated, except where prohibited in this article. Uplighting of signage shall be prohibited.

(2)

Non-glare, shielded lighting. Use of glaring, unshielded, undiffused lights or bulbs shall be prohibited. The source of illumination shall not be visible, shall be fully shielded, and shall cause no glare hazardous to pedestrians, motorists or adjacent residential uses or districts. Light sources for externally-illuminated signs shall be arranged so that light is deflected away from adjoining properties and so that it does not cast glare onto a public right-of-way.

(3)

Light trespass. All illuminated signs shall be placed so as to prevent their rays and illumination from being cast upon neighboring residences. The light cast from any sign illumination must reach below 0.5-foot candles at all lot lines.

(4)

Bare bulb illumination. Illumination by unshielded bare bulbs or flames is prohibited.

(5)

Flashing signs. There shall be no flashing or intermittent illuminations causing interference with clear driver vision along any highway, street or road or at any intersection of two or more streets.

(6)

Animation. Signs that include electronic message displays shall not change their display less than every four seconds. Animated signs shall provide a static image between the hours of 11:00 p.m. and 6:00 a.m.

(7)

Intensity. Electronic message displays shall be equipped with an ambient light meter in order to moderate brightness. Between the hours of 11:00 p.m. and 6:00 a.m., such brightness shall not exceed 10% of the signs maximum illumination level.

Measurement.

(1)

Sign area. Sign area shall be computed as follows:

(a)

General requirements. Where a sign consists of a generally flat surface or sign face on which lettering and other information is affixed, the sign area shall be computed by measuring the entire face of the sign.

(b)

Individual letters, logos, or irregular shapes. Where a sign consists of individual letters, logos, or other messages affixed directly to a building, the area of the sign shall be computed by measuring the area of the envelope required to enclose the lettering, logo, or other message. For irregularly shaped signs, the area shall be computed as including the entire area as measured by enclosing the most protruding points or edges of a sign within the area of the smallest rectangle comprising all of the display area of the sign and including all of the elements of the matter displayed (see illustration below).

(c)

Freestanding sign. The area of a double-faced freestanding sign shall be computed using only one face of the sign provided that: 1) the outline and dimensions of both faces are identical, and 2) the faces are back-to-back so that only one face is visible at any given time.

(2)

Sign height measurement. The height of a sign shall be measured from the lowest grade directly below the sign. The maximum sign height shall be measured to the top of the sign.

§ 475-9.06 Permanent sign standards.

Type of Sign	Districts Permitted²	Maximum Size	Maximum Height	Maximum Number	Setback Required
Wall¹	C-1, C-2, I-1	100 sq. ft. (total for all signs on lot)	None	None	N/A
Freestanding¹	C-1, C-2, I-1	64 sq. ft.	15 feet²	1 per road frontage	12 feet from all lot lines
	PR, R-1, R-2, R-3, MH1⁴	48 sq. ft.	6 feet	1 per road frontage	12 feet from all lot lines
Awning¹/Canopy¹	C-1, C-2	50% of canopy	No Max	None	None
Window¹	C-1, C-2, I-1	40% of window	No Max	None	None
Projecting¹	C-1, C-2, I-1	24 sq. ft.	³	1 per entrance	None

NOTES:
¹	See "sign" for definition.[1]
²	Signs may exceed 15 feet in height; for signs that are greater than 15 feet in height, a detailed footing and foundation plan, stamped/certified by a licensed professional, shall be submitted for review by the Village.
³	Projecting signs shall have a minimum ground clearance of 10 feet, as measured from the established grade to the bottom (base) of the sign.
⁴	Single-unit and two-unit residential lots (uses) are excluded from this provision.

[1]

Editor's Note: See § 145-15.01, Definitions.

§ 475-9.07 Temporary sign standards.

Temporary signs. Temporary signs shall be permitted in all zoning districts, subject to the following provisions:

(1)

Each sign shall be placed in a manner which provides five feet of free passage for pedestrians, and does not interfere with normal pedestrian or vehicle traffic.

(2)

All sign frames shall be constructed of weatherproof material and shall be kept in good repair.

(3)

Any temporary sign in place for more than 90 consecutive days shall be considered a permanent sign and be subject to all relevant provisions of this chapter for permanent signage.

(4)

Temporary signs shall be placed a minimum of 12 feet from all property lines.

(5)

Temporary signs shall not exceed a total of 16 square feet, collectively.

(6)

No more than four temporary signs may be placed on a parcel.

§ 475-9.08 Village Core signage standards.

Types of signs allowed in the Village Core as defined by the Downtown Development Authority Boundary.

(1)

Sandwich board signs.

(2)

Awning and canopies.

(3)

Projecting signs.

(4)

Freestanding signs.

(5)

Wall signs.

All signs located in the public right of way require review and a permit. If the Zoning Administrator deems it appropriate the sign may need to be reviewed by the Department of Public Works.

Sandwich board signs.

(1)

Not to be larger than 24" x 36".

(2)

Not allowed to be mounted to the sidewalk.

(3)

Must be removed from the sidewalk at the close of business every day.

(4)

Shall not interfere with the safe passage of all pedestrians.

Awnings and canopies.

(1)

Not to be larger that the storefront.

(2)

Shall be mounted to the building, a building permit is required.

(3)

Shall not be internally lit, can be down lit by shielded lights.

Projecting signs.

(1)

Not to be larger than 20" x 30".

(2)

Shall be mounted to the building, a building permit is required.

(3)

Shall be mounted at least 10 feet high above the sidewalk.

(4)

Can be internally lit.

Freestanding signs.

(1)

Can be internally lit, or downlit by shielded lights.

Wall signs.

(1)

Can be painted on the side of a building.

(2)

Murals are exempt from this chapter.

(3)

Can be downlit by shielded lights.

Vicksburg City Zoning Code

ARTICLE IX