Zoneomics Logo
search icon

Warren City Zoning Code

ARTICLE IV

A.- SIGNS5

Footnotes:
--- (5) ---

Cross reference— Sign erectors and sign permit fees, Ch. 31.


Section 4A.01 - Necessity.

It is hereby determined that the proliferation of signs in the City is unduly distracting to motorists and pedestrians, creates a traffic hazard and reduces the effectiveness of signs needed to direct and warn the public. It is also determined that the appearance of the City is marred by the proliferation of signs and that such proliferation restricts light and air, contributes to blighting, deteriorates the scenic and natural beauty of the community and negatively affects property values. It is necessary to regulate sign or advertising distractions and obstructions that may contribute to traffic accidents; regulate to avoid hazards that may be caused by signs overhanging or projecting over public rights-of-way; regulate/reduce the illegal use of and demand for tobacco products by underage persons through restrictions on billboard advertising of tobacco products; and regulate to provide more open space thereby preserving the scenic and natural beauty of designated areas.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 1, 6-9-98)

Section 4A.02 - Purpose.

The purpose of this ordinance is to provide for the establishment of signs that will promote viable commercial and industrial activity, will encourage community activity and events, will encourage political and other free expression of ideas and will disseminate messages regardless of content, but will not, by reason of their size, location, spacing, construction or manner of display, endanger life or limb, confuse or mislead traffic, obstruct vision necessary for traffic safety or otherwise endanger the public health or safety. Additionally, these regulations are designed to promote the welfare and temperance of minors exposed to tobacco billboards in order to reduce the demand for and use of tobacco products by underage persons. Furthermore it is the intent of this ordinance to preserve and improve the appearance of the City by preventing the placement of oversized signs that are out of scale with surrounding buildings and structures and by preventing an accumulation of signs that would cause visual clutter.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 1, 6-9-98)

Section 4A.03 - Scope.

The provisions of this ordinance shall govern the construction, alteration, repair and maintenance of all signs and outdoor display structures; the construction, alteration, repair and maintenance of appurtenant and auxiliary devices with respect to their structural and fire safety; and the licensing and regulation of sign and outdoor display companies.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.04 - Nonconforming signs.

Any permanent sign already established on the effective date of this ordinance which does not conform to the requirements of this ordinance is rendered nonconforming and shall be subject to the regulations contained in Division VII relating to nonconforming signs.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.05 - Substitution.

Wherever this article permits a commercial message, a noncommercial message is automatically permitted.

(Ord. No. 30-1029, § 1, 9-26-17)

Section 4A.06 - Severability.

If a court of competent jurisdiction holds a section, subsection, sentence, clause, or phrase of this Article to be invalid for any reason, the remaining portions of this article, not specifically held to be invalid, remain valid and enforceable.

(Ord. No. 30-1029, § 2, 9-26-17)

Section 4A.10 - General definitions.

For purposes of this ordinance, unless otherwise expressly stated, the following words and phrases shall be defined as follows:

1.

Alter. Any addition to or removal of any part of any sign or billboard, or any other alteration which may change the design or approved method of functioning.

1.1.

Ambient light level. The amount of illumination that is already present in the area before any additional light is added.

2.

Approved. Acceptable to the Building Official of the City of Warren, or in accordance with this ordinance.

3.

Approved combustible materials. Only those combustible materials which, when tested in accordance with the American Society for Testing Materials standard method of testing for flammability, burn at a rate of no faster than two and one-half inches per minute.

4.

Awning. A metal, wooden, fiberglass or other approved fire retardant material such as cloth, canvas, fabric, plastic or any light flexible material which extends over a porch, patio deck, balcony, window, door or open space. The construction and erection of an awning shall be regulated pursuant to the applicable BOCA codes.

5.

Balloon. Any air filled or gas filled object tethered to a fixed location.

6.

Building official. Shall include all representatives of the Buildings and Safety Engineering Division.

7.

Building line. The front line of the building or the minimum distance required between the property line and the nearest supporting member of a building, structure or sign as specified by the zoning ordinance.

8.

Canopy. A roof like structure which is either freestanding or is projecting from a building and is supported by structural members. A canopy may be constructed of metal, wood or any approved fire retardant material such as cloth, canvas, fabric, plastic or any light flexible material which is attached to the canopy. The construction and erection of an awning shall be regulated pursuant to the applicable BOCA codes.

9.

Clearance. The vertical distance between the surface grade beneath the sign and the lowest point of the sign, including framework and embellishments.

10.

Collector roads. Collector roads are roads that gather traffic from local residential streets and carry it to major thoroughfares; they normally have an 86′ right-of-way and are the half-mile roads.

10.1.

Digital display area. The area of an electronic message center that is made up of a digital screen.

11.

Erect. To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.

12.

Facade. The exterior wall of a building including window openings, door openings and the outside surface of a parapet wall.

13.

Festoons. A string of ribbons, tinsel, small flags or pinwheels.

13.1.

Foot-candle. A unit of illumination equal to that given by a source of one candela at a distance of one foot.

14.

Front or face of a building. The external surface of a building which is visible from any private or public street or highway.

15.

Height. The vertical distance measured from the highest point of the sign, including decorative embellishments, to the surface grade beneath the sign.

16.

Maintenance. The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the design or structure of the sign.

17.

Major thoroughfares. Major thoroughfares are those major roads that carry traffic through the city; they normally have 120′ rights-of-way and are located one mile apart.

18.

Marquee. A permanent roof like structure extending from part of the wall of a building, but not supported by the ground, and constructed of material such as metal, glass, wood or other construction material.

19.

Non-conforming sign. A sign which was erected legally, but which does not comply with subsequently enacted sign regulations; or a sign which does not conform to the sign regulations but for which a special permit has been issued.

20.

Parapet. The extension of a false front, wall or other surface above a roofline.

21.

Parcel. One (1) or more lots under single ownership and control which are used, developed or built upon as a unit.

21.1.

Public right-of-way. An area designated for public travel, owned by a government entity.

21.2.

Responsible party. The responsible party is the person or entity that is a legal or equitable owner, tenant, or lessee of the property where the sign is located, the owner or lessee of the sign, a person erecting the sign, or other person or entity with legal rights to the sign.

21.3.

School premises or school playground. Includes the buildings, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.

22.

Sign. Any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, lights, or letters to communicate a message or attract attention.

22.1.

Static electronic messaging. Graphics or lettering on an electronic message center that includes: (1) no animation effects and (2) changes from one message to the next through fade or dissolve transitions, not traveling or scrolling transitions.

22.2.

Tobacco advertisement. Any means of advertising used for the purpose or effect of promoting the use or sale of a tobacco product, a trademark of a tobacco product or a trade name.

22.3.

Tobacco products. Includes but is not limited to cigarettes, cigars, chewing tobacco or snuff. "Chewing tobacco" means loose tobacco or a flat, compressed cake of tobacco, which is inserted into the mouth to be chewed or sucked. "Tobacco snuff" means shredded, powdered, or pulverized tobacco, which may be inhaled through the nostrils, chewed, or placed against the gums.

23.

Use. The purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

24.

Zoning districts. Zoning district classification in this Article references Appendix A, Article III, Zoning Districts and Maps.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 2, 6-9-98; Ord. No. 30-1029, § 3, 9-26-17)

Section 4A.11 - Specific sign definitions.

For purpose of this ordinance, the following signs as listed shall be defined as follows:

1.

Abandoned sign. A sign that, by reason of neglect, damage, or deterioration, requires repair or refurbishment, and the owner or other responsible party either (1) fails, neglects, or refuses to initiate repair or refurbishment to the sign within ten days of the City sending written notice; or (2) fails, neglects, or refuses to complete repairs or refurbishment within 60 days of the City sending written notice.

2.

Animated sign. A sign or display manifesting either kinetic or illusionary motion by natural, mechanical or electrical means.

3.

Awning sign. A sign that is painted on, printed on or attached flat against the surface of the awning and shall be allowed in place of a wall sign as regulated in this ordinance.

4.

Balloon sign. A sign in which one (1) or more balloons are used as a temporary sign or as a means of directing attention to any business, profession, commodity, service, product or entertainment.

5.

Banner sign. A temporary sign made of fabric or other non-rigid material with no enclosing framework.

6.

Billboard. A sign structure advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located, also called "off-premise" or "outdoor advertising" signs.

7.

Canopy sign. A sign that is painted on, printed on or attached to a canopy which is affixed to a building wall or to the ground by columns or posts and shall be allowed in place of a wall sign as regulated in this ordinance.

8.

Changeable copy sign. A sign whose informational content can be changed or altered by manual, electric, electro-mechanical or electronic means.

9.

Construction sign. A temporary on-premise sign identifying an architect, contractor, subcontractor or material supplier participating in construction on the property.

10.

Double-faced sign. A sign with two faces, back-to-back.

11.

Election sign. A temporary sign used in connection with a local, state, or national election or referendum.

12.

Electrical sign. A sign or sign structure in which electrical wiring, connections or fixtures are used.

12.1.

Electronic message center. A sign that displays its message via a lighted digital face with the capability to change the sign's message or color by computer control.

13.

Feather flag sign. A sign consisting of a vertically elongated pennant attached on one of the sides to a single support post.

14.

Festoon sign. A sign consisting of ribbons, tinsel, small flags, pinwheels, garland or other material hanging or draped.

15.

Freestanding sign. A sign that is erected upon or supported by the ground and is affixed to the ground, but not attached to any building, including signs on poles or pylons that are anchored into the ground. Also called ground signs.

16.

Garage sale sign. A temporary on-premise sign advertising the sale of used household items.

17.

Government sign. Any temporary or permanent sign erected and maintained by the City, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, public service, public property, facility or function.

18.

Identification sign. A sign whose copy is limited to the name and address of a building, institution or person, activity or occupation being identified.

19.

Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

20.

Informational sign. An on-premise commercial sign two (2) square feet or less used for the limited purposes of identifying, directing or conveying a message.

21.

Marquee sign. A sign attached to or supported by a marquee structure and shall be considered a wall sign for the purpose of this ordinance.

22.

Monument sign. A sign mounted directly to the ground with a maximum height not to exceed five (5) feet.

23.

Multiple faced sign. A sign containing three (3) or more faces, not necessarily back-to-back.

24.

Mural. A picture painted directly on a wall and shall be considered a painted wall sign for the purpose of this ordinance.

25.

Nameplate. A non-electronic, on-premise identification sign attached to the building giving only the name, address and/or occupation of an occupant or group of occupants.

26.

Obsolete sign. An on-premise sign that advertises an establishment, merchandise, service or entertainment that is no longer sold, produced, manufactured, furnished on the premises or a business that has closed.

27.

Off-premise sign. A sign structure advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located, also called "billboards" or "outdoor advertising."

28.

On-premise sign. A sign which pertains to the use of the premises or property on which it is located.

29.

Opinion sign. A non-commercial sign, which expresses an opinion or other point of view, including but not limited to political and religious statements but which does not advertise any product, good, business or service.

30.

Painted wall sign. A sign which is applied with paint or similar substance on the surface of an exterior wall, fence, masonry, concrete or other building wall, including but not limited to murals. Painted wall signs shall be allowed in place of a wall sign as regulated in this ordinance. Prior to painting a sign on a wall in place of a wall sign, a permit must be obtained and the entire wall must be freshly painted with one continuous color.

31.

Portable sign. A temporary sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A portable sign is capable of being readily moved from one location to another.

32.

Projecting sign. A sign that is affixed to any building or part thereof, or to any structure and projects out by more than eighteen (18) inches.

33.

Public carrier sign. Any temporary or permanent sign erected to designate a public carrier location.

34.

Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for sale, rent or lease.

35.

Roof sign. Any sign erected over or on the roof of a building.

36.

Rope lighting sign. Lighting that has multiple interconnected lamps, including LEDs or light bulbs, connected to a single electrical source, or luminous tubing that contains a gas, such as neon, that glows when electric current is sent through it. Rope lighting includes strand lighting, lite ropes, flexible impact lighting, tubular lighting, string lighting, and other similar forms of illumination.

37.

Temporary lighting. Lighting displayed for a limited time period with no permanent electrical wiring.

38.

Temporary sign. A sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other light temporary material, with or without a structural frame, intended to be displayed for a limited time period, including but not limited to election signs, portable signs and political signs.

39.

Inflatable sign. A sign that is capable of being inflated with air, helium, or other gas.

40.

Wall sign. A sign attached parallel to and extending not more than eighteen (18) inches from the wall of a building with no copy on the sides or edges, including painted, individual letter, cabinet and signs on a mansard.

41.

Window sign. A sign installed on the inside, outside, or around the border of a window.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-1011, § 1, 5-26-15; Ord. No. 30-1029, § 4, 9-26-17)

Section 4A.12 - Permits required.

It shall be the duty of the licensed sign erector who erects, alters, changes or remodels any sign or sign structure, to first obtain the required permit and provide payment of fees as provided in Division VIII.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.13 - Signs not requiring a permit.

The following types of signs are exempt from the permit requirements but shall conform to all other applicable ordinance provisions.

a)

Construction signs. Construction signs of sixteen (16) square feet or less, including engineer, architect and similar signs used in connection with construction operations. All construction signs shall be removed within one (1) week after completion of construction.

b)

Government signs.

c)

Nameplates. Nameplate signs of two (2) square feet or less.

d)

Election signs. Temporary election signs may be erected on private property on the election filing deadline date for the elected office sought. For all elections or referendums without filing deadlines, temporary election signs may be erected 60 days prior to the earliest election date. All temporary election signs shall be removed in accordance with section 4A.26(c). Temporary election signs shall be allowed as follows:

Two (2) nonilluminated election signs per candidate and per issue is allowed for each lot frontage; those located along a major thoroughfare or collector road shall not exceed sixteen (16) square feet per sign; and if located along a local residential street shall not exceed six (6) square feet per sign.

e)

[Public carrier signs.] Public carrier signs of three (3) square feet or less.

f)

[Traffic control/directional signs.] Traffic control/directional signs located in parking districts smaller than two (2) square feet in size.

g)

Real estate signs. On-premises signs erected to announce the sale or rent of property provided such signs are not over five (5) feet in height and if located in a residential district are not more than eight (8) square feet in area, or if located in non-residential districts shall not be more than sixteen (16) square feet in area. All real estate signs must be removed within one (1) week following the closing of the sale, rental or lease of the property.

h)

Garage sale signs. One (1) garage sale sign per residence is allowed for the approved time period of the garage sale. The sign shall be located in the front yard set back at the site of the garage sale and shall be four (4) square feet or less.

i)

Opinion signs. Three (3) opinion signs per residence shall be allowed in residential areas, excluding election signs which are otherwise regulated in this ordinance. The signs shall be located in the front yard set back and shall not exceed four (4) square feet in sign area.

j)

Temporary community activity or event signs. A permit is not required, however, notification to the City Clerk's office is required pursuant to section 4A.44.

k)

Window signs not visible from the public right-of-way.

l)

Public art work commissioned by the City of Warren as part of its Placemaking with Art Initiative. A permit is not required, however, written notification to the City Building Division is required.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 1, 5-12-98; Ord. No. 30-1029, § 5, 9-26-17; Ord. No. 30-1083, § 1, 7-9-24)

Section 4A.14 - Prohibited signs.

The following types of signs are prohibited in all districts, unless it is a public art work commissioned by the City of Warren as part of its Placemaking with Art Initiative:

(a)

Any sign not expressly permitted by this article.

(b)

Unless permitted elsewhere in this article, signs that use flashing, blinking, intermittent, or moving lights; or exposed incandescent light bulbs.

(c)

Exterior rope lighting visible from the public right-of-way except temporary lighting and government signs.

(d)

Signs imitating or resembling official traffic or government signs or signals that are made of the same material, and are of similar size and shape and color.

(e)

Signs attached to trees, telephone poles, public benches, streetlights, or placed on any public property or public right-of-way, unless otherwise provided by ordinance.

(f)

Roof signs.

(g)

Abandoned signs.

(h)

Obsolete signs.

(i)

Signs in parking districts (P) greater than two (2) square feet in size.

(j)

Off-premises signs other than billboards, election and special events or activities signs as regulated in this ordinance.

(k)

Except as provided in this appendix, any billboard containing any tobacco advertisement in any publicly visible location on or within five hundred (500) feet of the perimeter of any school premises, playground, or playground area in a public park.

(l)

A sign advertising alcoholic liquor as prohibited in Warren Code of Ordinances, Chapter 4, Article II, Section 4-9A.

(m)

Inflatable signs, except as permitted in Warren Code of Ordinances, Appendix A, Article IV-A, Division V, Section 4A.42.

(n)

Feather flag signs.

(o)

An off-premises sign advertising a Marihuana Business or Caregiver Operation.

(p)

A sign, visible from a public right-of-way, advertising Caregiver Operations or Marihuana Businesses, except Retail Establishments and Provisioning Center Facilities.

(q)

A sign that contains any words or phrases listed in MCL 333.17711, including, but limited to: apothecary, dispensary, pharmacy, and drugstore.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 3, 6-9-98; Ord. No. 30-1001, § 5, 8-27-13; Ord. No. 30-1011, § 2, 5-26-15; Ord. No. 30-1020, § 3, 4-12-16; Ord. No. 30-1029, § 6, 9-26-17; Ord. No. 30-1064, § 2, 4-27-21; Ord. No. 30-1083, § 2, 7-9-24)

Section 4A.15 - Construction specifications.

All signs shall be constructed, installed and erected in compliance with the BOCA National Building, Fire and Electrical Codes as adopted by reference in the Code of Ordinances.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.16 - Measurement of sign area.

(a)

The surface area of a sign is the area which encloses the limits of individual letters, words, symbols, graphics, numbers, lights, or message of the sign together with any frame.

(b)

When a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except when two (2) such faces are placed back to back within two (2) feet from one another, if the two (2) faces are of equal area then the area of the sign shall be taken as the area of one (1) face, or if the two (2) faces are of unequal area then the area of the longer face shall be taken as the area of the sign.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-1029, § 7, 9-26-17)

Section 4A.17 - Setbacks.

The following setback regulations shall apply to signs located in all zoning districts:

a)

No sign shall project or overhang a public right-of-way or public easement.

b)

All freestanding or ground signs shall be set back from the right-of-way line a minimum distance equal to the height of the sign.

c)

Within any required front or corner side yard on any corner lot, no sign or other obstruction to visibility shall be permitted between the heights of two and one-half (2½) feet and ten (10) feet above the existing street grade within the triangular area formed by the street property lines and line connecting there at points twenty-five (25) feet from the intersection of the street lines or their extension.

d)

No sign shall be erected, constructed or placed in such a manner so as to obstruct the driver's view of traffic or pedestrians at intersecting streets, highways or driveways.

e)

No sign shall be erected so that any part of it, including cables, guys and other structural equipment is within four (4) feet of any electric light pole, street lamp or other public utility pole.

f)

No sign shall be erected, constructed or placed within six (6) feet of a public utility conductor.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.18 - Height.

The height of all signs, unless provided otherwise in this ordinance, shall comply with the following:

a)

Wall signs. Wall signs shall not extend beyond the top or ends of the wall to which the signs are attached.

b)

Freestanding signs. The height of all freestanding signs shall not exceed twenty (20) feet.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.19 - Clearance.

All freestanding, projecting, and marquee signs shall have a clearance of ten (10) feet beneath the sign structure, excluding monument signs.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.20 - Maintenance.

(a)

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. All supports, braces, guys and anchors shall also be kept in repair. Defective parts shall be replaced promptly.

(b)

The building official shall have the authority to order the repair of any sign in violation of this ordinance, or the removal of any sign which is defective, damaged, obsolete or substantially deteriorated to the extent that the public safety or welfare is endangered. The sign shall be repaired or removed within thirty (30) days of the notice of repair or removal. Notices shall be sent by certified mail.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.21 - Illumination.

Unless otherwise prohibited, all signs permitted by this ordinance may be illuminated. All illumination shall be in accordance with the requirements of the electrical code. In no case shall any open spark or flame be used for display purposes unless specifically approved by the building official.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.22 - Identification.

Every sign for which a permit has been issued and erected or constructed shall be plainly identified with the name of the person owning, erecting or operating such sign, and shall bear the original sign permit number.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.23 - Obstruction to exitways.

No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exitway, window or door opening used as a means of egress; or to prevent the free passage from one part of a roof to another part thereof, or to prevent access thereto for the firefighting personnel.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.24 - Owner permission.

No person shall erect, construct or place any sign, temporary or permanent, on the property of another without first obtaining permission of the property owner, agent or manager. For all signs over four (4) square feet in total area, written permission shall be filed with the Division of Buildings and Safety Engineering signed and dated by the owner, agent or manager granting permission and shall include the owner, agent or manager's address and telephone number.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.25 - Biennial sign inspections.

Every sign, whether erected prior to or after the effective date of this ordinance, shall be inspected biennially by the Division of Buildings and Safety Engineering. An inspection fee shall be required as prescribed in Chapter 31, section 31-13 of the Code of Ordinances.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.26 - Removal of signs.

(a)

Temporary signs. Temporary signs erected in violation of this ordinance, such as in a public easement, public right-of-way, or without a valid permit, or signs left remaining after the expiration of a permit, may be removed and disposed of as follows:

(1)

The sign may be removed by a building official without prior notice;

(2)

Signs removed shall be held by the city for a period of fifteen (15) days to allow the owner to reclaim the signs;

(3)

Before any sign is returned to the owner, the owner shall reimburse the City for the costs of removal and storage of the sign as provided in the sign permit fee schedule found in Chapter 31, section 31-14 of these ordinances;

(4)

If the owner of the sign does not reclaim it within fifteen (15) days of removal, the sign shall be deemed abandoned and the city may dispose of the sign.

(b)

Permanent signs. In cases of emergency, the building official may remove a permanent sign that is in violation of this ordinance as follows:

(1)

The sign may be removed by a building official without prior notice;

(2)

After removal of the sign, the building official shall mail a notice, certified mail, to the owner stating the action taken and the reasons for the action.

(3)

Any sign removed must be held by the city for a period of thirty days to allow the owner an opportunity to reclaim the sign;

(4)

Before any sign is returned to the owner, the owner shall reimburse the city for the actual costs of removal, storage and reclamation of the sign. If the owner of the sign does not reclaim it within thirty (30) days of notice, it shall be deemed abandoned and the City may dispose of the sign.

(c)

Election signs. All candidates for political office and property owners shall be responsible to remove their temporary election signs within seven (7) days after the primary, school or special election. If any candidate for an office is nominated in the primary election, the candidate shall be allowed to have his or her election signs remain through the general election, however, all such election signs shall be removed within seven (7) days after the general election. Further, the following provisions apply to the removal of temporary election signs:

(1)

Any sign erected in violation of this ordinance may be removed and disposed of pursuant to the provisions set forth in section 4A.26(a).

(2)

The city shall provide a written notice to any candidate who has any temporary election sign(s) remaining after the period for removal and shall include the address of the violation. If the offending sign(s) is not removed within seven (7) days of service of the notice, the city shall issue a civil infraction violation to the candidate.

(3)

The first violation of this section is a civil infraction which shall result in the assessment of a fine not to exceed $100.00. Any subsequent violation shall result in assessment of a fine of not less than $100.00 or not more than $1,000.00 per violation, plus costs and other sanctions for each infraction.

(d)

Non-conforming signs. All non-conforming signs shall be removed pursuant to Division VII.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 2, 5-12-98)

Section 4A.27 - Electronic message center.

In addition to other applicable zoning requirements, a responsible party shall comply with all of the following electronic message center requirements:

(a)

From one hour before dusk to one hour after dawn, the light emitted from the electronic message center does not exceed .3 foot-candles over the ambient light levels measured from anywhere on the public right-of-way or along the lot line;

(b)

Except a property where a business has a valid State of Michigan Motor Fuels Retail Outlet License, the digital display area of an electronic message center does not exceed 25% of the total permitted free standing sign area;

(c)

There is no more than one electronic message center;

(d)

The electronic message center is a freestanding sign;

(e)

An electronic message center uses only static electronic messaging; and

(f)

An electronic message center does not change its graphics or message more than once every 30 seconds.

(Ord. No. 30-1029, § 8, 9-26-17)

Section 4A.28 - Window signs.

In addition to other applicable Zoning requirements, a responsible party shall comply with all of the following requirements:

(a)

Total non-illuminated window signage shall not exceed 50% percent of the window where it is placed.

(b)

Total illuminated window signage, including rope lighting on the inside of a window, shall not exceed 25% percent of the window where it is placed.

(c)

Total window signage shall not exceed fifty (50) percent of the window where it is placed.

(Ord. No. 30-1029, § 9, 9-26-17)

Section 4A.31 - Signs permitted in residential zones (R-1-A, R-1-B, R-1-C, R-2, R-3, R-3-A, R-4, R-5).

The following signs are allowed in residential zones:

a)

All signs not requiring a permit.

b)

Subdivisions. One (1) subdivision identification sign per street frontage, neighborhood, subdivision or development. Signs not to exceed thirty-two (32) square feet in sign area for each location.

c)

Apartment, condominium or mobile home complex. One (1) identification sign per entrance to apartment or condominium complex. Signs not to exceed thirty-two (32) square feet in sign area.

d)

Permitted non-residential uses. One (1) freestanding and one (1) wall sign not to exceed thirty[-two] (32) square feet in sign area for each sign for permitted non-residential uses including churches, synagogues, schools, libraries and parks.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.32 - Residential height and setback regulations.

All freestanding signs located in residential districts shall have a maximum height of five (5) feet and shall be set back from the right-of-way line a minimum distance equal to the height of the sign.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.33 - Signs permitted in Professional Business and Special Service Districts (P.B., S.S.).

a)

All signs not requiring a permit.

b)

One on-premise sign or advertising display of a size not exceeding twelve (12) square feet in area for each business on the premises shall be allowed in professional business districts and special service districts.

c)

Any freestanding sign located in a professional business or special service district shall have a maximum height of fifteen (15) feet.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.34 - Signs permitted in Office Districts (O).

a)

All signs not requiring a permit.

b)

One freestanding on-premise sign or advertising display of a size not to exceed fifty (50) square feet shall be allowed in office districts.

c)

One (1) wall sign of a size not to exceed twenty (20) square feet shall be allowed for each business in office districts.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.35 - Signs permitted in Commercial Business and Industrial Districts (C-1, C-2, C-3, M-1 and M-2).

a)

All signs not requiring a permit.

b)

One freestanding on-premise sign or advertising display of a size not to exceed seventy-five (75) square feet shall be allowed in commercial business and industrial districts zoned C-1, C-2, C-3, M-1 and M-2.

c)

Total wall signage of a size not to exceed forty (40) square feet shall be allowed for each business in commercial business and industrial districts zoned C-1, C-2, C-3, M-1 and M-2.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.36 - On-premise signs permitted in Industrial Districts (M-3 and M-4).

a)

All signs not requiring a permit.

b)

One freestanding on-premise sign or advertising display of a size not to exceed one hundred and fifty (150) square feet shall be allowed in industrial districts zoned M-3 and M-4.

c)

Total wall signage of a size not to exceed one hundred and fifty (150) square feet shall be allowed for each building in industrial districts.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.37 - Shopping centers.

Regardless of the zoning district, shopping centers as defined in section 2.67 are permitted the following signage:

a)

All signs not requiring a permit.

b)

One freestanding on-premise identification sign of a size not to exceed one hundred and fifty (150) square feet in size and which shall not exceed twenty-five (25) feet in height shall be allowed for each shopping center.

c)

One (1) wall sign of a size not to exceed forty (40) square feet shall be allowed for each business located in the shopping center.

d)

One (1) informational sign, hung from a walkway canopy of a size not to exceed two (2) square feet, shall be allowed for each business located in the shopping center.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.38 - Street number required.

All buildings located in commercial and industrial districts shall have the assigned street number displayed in six (6) inch numbers on the exterior of the building in a location that is readable from the public right-of-way.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-891, § 3, 5-12-98)

Section 4A.41 - Temporary signs permitted.

In all districts, one (1) temporary sign may be approved for each parcel based on the permanent parcel identification number, two (2) times per calendar year for a temporary time period not to exceed thirty (30) consecutive days as follows:

a)

Signs located along major thoroughfares shall not exceed thirty-two (32) square feet in total area; shall have no more than two (2) faces and shall not project higher than six (6) feet above surface grade.

b)

Signs located along collector roads shall not exceed sixteen (16) square feet in total area; shall have no more than two (2) faces and shall not project higher than six (6) feet above surface grade.

c)

Signs located along local residential streets shall not exceed four (4) square feet in total area; shall have no more than two (2) faces and shall not project higher than three (3) feet above surface grade.

d)

A sign with more than one face shall have its faces back to back or arranged so that any two (2) faces form a "V" and shall not have any angle greater than fifteen (15) degrees.

e)

The sign shall contain no visible moving, revolving or mechanical parts or other apparent visible movement achieved by electrical, electronic or mechanical means, including intermittent electrical pulsations or wind current.

f)

All temporary signs shall be set back from the right-of-way line a minimum of ten (10) feet.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.42 - Temporary balloon signs.

In all commercial and industrial districts, except where expressly prohibited in this ordinance, one (1) balloon sign may be approved one (1) time per calendar year for a temporary time period not to exceed thirty (30) consecutive days per business or premise.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-1001, § 6, 8-27-13)

Section 4A.43 - Outdoor retail sales.

Pursuant to an approved outdoor retail sale permit, a temporary sign shall be allowed that complies with the following:

a)

The sign shall not exceed thirty-two (32) square feet in total area and shall not project higher than five (5) feet above grade.

b)

The sign shall be limited to a double faced or back to back sign. For double-faced or back to back signs, the allowable sign surface area shall be calculated by using the area of only one side of the sign provided that the front and back of the sign are separated by no more than three (3) feet.

c)

The sign shall be set back a minimum of ten (10) feet from the right-of way line.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.44 - Temporary community activity or event signs.

Community activity signs may be erected on private property advertising temporary community activities or events as follows:

1.

The non-profit organization sponsoring the community activity shall provide written notification to the City Clerk's office of the dates of the activity or event together with a list of the sign locations fourteen (14) days prior to the date when the signs will be erected.

2.

Signs may be erected ten (10) days prior to the date of the activity or event and shall be removed within four (4) days after the activity or event. All signs erected in violation of the this ordinance shall be removed pursuant to section 4A.26.

3.

No sign shall be erected greater than three (3) square feet in size. Community activity or event signs shall be limited to one sign per lot frontage and each non-profit organization shall be limited to erecting twenty-five (25) signs per activity or event.

4.

All signs shall be erected on private property only. No sign shall be erected on public property or road rights-of-way.

5.

Permission to erect temporary signs advertising community activities or events shall be limited to two (2) activities or events per calendar year for each non-profit organization.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.45 - Temporary sign locations prohibited.

(a)

No temporary sign shall be attached to a tree, fence, utility pole, drain or fire escape or impair the access to a roof or ingress or egress of any structure.

(b)

No temporary sign shall be located on any public right-of-way or any property required for parking.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.48 - Billboards.

a)

Except as regulated by the Highway Advertising Act, MCL 252.301 et seq., and this Appendix, billboards of a size not exceeding four hundred (400) square feet are allowed in M-3 and M-4 industrial zones, provided that the billboard is located no closer than five hundred (500) feet from any residential use.

b)

Except as regulated by the Highway Advertising Act, MCL 252.301 et seq., and this Appendix; effective March 1, 1999, it shall be unlawful for any person to place, cause to be placed, or to maintain a billboard containing any tobacco advertisement in any publicly visible location on or within 1000 feet of the perimeter of any school premises, playground, playground area in a public park, unless the billboard is designed for the purpose of communicating the hazards of tobacco products or encourage minors to refrain from using or purchasing tobacco products. However, the public service billboard shall not include any positive display of a recognized image, artwork, photograph, logo, or graphic used for marketing or promotion of tobacco products.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 4, 6-9-98)

Section 4A.49 - Billboard sign spacing.

No off-premise sign or billboard shall be located closer than five hundred (500) feet to another off-premise sign or billboard.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.50 - Billboard height.

Billboards shall not exceed fifty (50) feet in height as measured from the crown of the frontage road to the highest point of the sign.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.51 - Billboard set backs.

Off-premise signs and billboards shall be set back pursuant to the setback regulations of the zoning district where the sign is located.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.52 - Civil defense siren.

No off-premise sign or billboard shall be located closer than one thousand (1,000) feet to any civil defense siren.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.53 - Off-premise signs prohibited.

Off-premise signs and billboards shall be prohibited in the following districts:

a)

Residential districts;

b)

Parking districts;

c)

Professional business districts;

d)

Office districts;

e)

Special services districts;

f)

Commercial business districts;

g)

M-1 and M-2 industrial districts.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.56 - Determination of legal nonconformity.

Existing signs which do not conform to the specific provisions of this ordinance may be eligible for the designation "legal nonconforming sign" provided that the following are complied with:

a)

The building official determines that such sign is properly maintained and does not in any way endanger the health or safety of the public.

b)

The sign was installed in conformance with a valid permit and complied with all applicable laws in effect prior to the adoption of this ordinance.

c)

The sign is not a billboard containing tobacco advertisements regulated by section 4A.48 b) of this Appendix. Billboards regulated by section 4A.48 b) shall not be afforded legal nonconforming status and any individual in violation of section 4A.48 b) shall remove the tobacco advertising from the billboard immediately upon the effective date of section 4A.48 b).

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-893, § 5, 6-9-98)

Section 4A.57 - Maintenance and repair of legal nonconforming signs.

The legal nonconforming sign is subject to all requirements of this ordinance regarding safety, maintenance and repair. If a sign suffers more than fifty (50%) percent damage or deterioration, it must be brought into conformance with this ordinance or removed.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.58 - Loss of legal nonconforming sign status.

A legal nonconforming sign shall lose its designation and is required to be brought into conformity with this ordinance upon any of the following events occurring:

a)

The sign is relocated or replaced.

b)

The structure or size of the sign is altered in any way except toward compliance with this ordinance. This does not include change of copy or normal maintenance.

c)

The use of the parcel is changed.

d)

The activity, business or usage to which the sign relates has been discontinued for a period of ninety (90) days or longer.

e)

Repealed.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-965, § 1, 4-11-06)

Section 4A.61 - Application for permits.

Application for the erection, structural alteration or relocation of a sign shall be made to the Division of Buildings and Safety Engineering. The following information shall be provided:

(a)

Name, address and telephone number of the applicant.

(b)

Name and address of the owner of the sign.

(c)

Name and address of person erecting the sign.

(d)

Street address or location of the property on which the sign is to be located together with the name and address of the property owner.

(e)

The type of sign or sign structure as defined in this ordinance.

(f)

A site plan with measurements showing the proposed location of the sign together with the locations of all existing signs on the same premises.

(g)

Specifications and drawings showing the materials, design, exact wording, dimensions, structural supports and electrical components of the sign.

(h)

Copy of applicable stress sheets and calculations showing the structure as designed for dead load and wind pressure.

(i)

Any electrical permit required and issued for the sign.

(j)

Any other information that the building division finds necessary to ensure compliance under this ordinance and all other applicable laws of the city and the State of Michigan.

(Ord. No. 30-859, § 1, 3-26-96; Ord. No. 30-1011, § 3, 5-26-15)

Section 4A.62 - Permit fees.

All applications for permits filed with the Division of Buildings and Safety Engineering shall be accompanied by payment of a sign permit fee according to the schedule of fees set forth in the sign permit fees ordinance found in Chapter 31, section 31-2.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.63 - Permit issuance; denial; revocation.

a)

Approval. Approved permits shall be issued within ten (10) working days of receipt of a valid permit application, provided the proposed sign, alteration or relocation complies with all applicable codes and ordinances.

b)

Denial. When a permit is denied the applicant shall be notified, in writing, within ten (10) working days of the receipt of a permit application of the denial and the reasons for the denial.

c)

Revocation. The permit issued may be revoked by the Building Official, if upon inspection the workmanship or materials used do not conform to the plans and specifications approved or required upon issuance of the permit, or upon the violation of this ordinance.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.64 - Final inspection.

Upon the completion of the installation, structural alteration or the relocation of a sign, the permit holder shall notify the Division of Buildings and Safety Engineering. A final inspection may be required including an electrical inspection and footing inspection of freestanding signs.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.65 - Appeals.

Any appeals from the requirements of this ordinance shall be made to the Zoning Board of Appeals pursuant to Article XX of the Zoning Ordinance.

(Ord. No. 30-859, § 1, 3-26-96)

Section 4A.66 - Penalties.

The violation of any provision of this article by any person shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or both.

(Ord. No. 30-859, § 1, 3-26-96)