§ 46-664. Signs.

Latest version.

(a)

Findings. The city council finds that signs and other visual outdoor advertising are necessary to the commerce, health, safety and general welfare of the residents of the city. Further, it finds that failure to regulate their size, location and construction may lead to poor identification of individual businesses, deterioration of the business and residential areas of the city, intensification of the conflicts between different types of land use, reduction in the effectiveness of traffic control devices, and safety hazards to pedestrians and motorists. Further, it finds that the city's economic base is dependent on preserving property values and a healthy business climate.

(b)

Purpose. The purpose of this section is to regulate signs and outdoor advertising in a manner which will minimize the harmful effects while permitting latitude for creative and effective advertising and identification. To achieve this purpose, this section has the following objectives:

(1)

To prevent the placement of signs in a manner that will conceal or obscure signs or adjacent businesses.

(2)

To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products.

(3)

To keep signs within a reasonable scale with respect to the buildings to which they relate.

(4)

To prevent off-premises signs from conflicting with business, residential and public land uses.

(5)

To keep an area adjacent to streets clear of signs which might obstruct or distract the view of motorists.

(6)

To reduce the visual and physical obstructions to motorists entering or leaving streets.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Awning sign means any sign when located as an integral part of a canopy or awning. If located on a maximum 12-inch wide valance, the sign shall be considered a marquee sign with no maximum square footage. If located on other than a 12-inch or less valance, the sign shall be considered a wall sign for determining maximum square footage. Approval of awning signs shall be by a staff committee composed of the downtown development director, zoning administrator, and city engineer. In the event two or more designated members of the staff committee are unavailable or have a conflict of interest, approval shall revert to the full planning commission. Determination of approval, whether by the staff committee or planning commission, shall be based on awning sign standards approved by the planning commission. Decisions of the staff committee or planning commission may be appealed to the zoning board of appeals.

Billboard. See Off-premises advertising sign.

Business sign means any sign erected for the purpose of advertising a business, product or subject related to the premises on which said sign is located.

Commercial or professional center sign means any sign which gives directions and/or identification to a group of two or more contiguous stores or business spaces whether or not under single management.

Display surface means the entire area within a common geometric figure enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two faces are placed back to back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

Encroaching sign means a sign which projects beyond the private property line into and over public property, or any privately owned sign wholly or partially on public property.

Front means and shall be the side of the property facing the thoroughfare that carries the greatest amount of traffic.

Hanging sign. See Marquee sign.

Home occupation sign means any sign used for the purpose of advertising services in conjunction with a lawful home occupation.

Identification sign means a sign that identifies the name of the property, owner, resident or business on said property, with or without the street address.

Institutional sign means a sign containing a surface area upon which is displayed the name of a church, school, library, museum, day care center, cemetery, community center, and similar institutions and the announcement of its services or activities.

Interior signs means those signs located inside of a building. When located in a residential zone district and visible from a street they are to be considered a wall sign.

Marquee sign or hanging sign means a sign which is attached to the underside of a soffit or underside of a marquee, or other covered building structure, projecting from and supported by the building, and not more than 12 feet nor less than seven feet above the adjacent sidewalk or driveway, nor projecting beyond the perimeter of the marquee or soffit.

Monument sign means a freestanding yard sign, considered a pole sign and sometimes referred to as a ground mounted sign.

Nonconforming sign means any sign, which does not conform to the requirements of this section.

Off-premises advertising sign or billboard means any sign erected for the purpose of advertising a business, product, event, person or subject, not relating to the premises on which the sign is located. It has been determined by the city council that a maximum of three such signs could be supported within the city limits. The intent is to allow one sign near each end of Mitchell Street and one in the Cadillac West area in accordance with the following regulations:

(1)

No sign shall have a total area of all faces in excess of 700 square feet or 350 square feet per sign face;

(2)

Maximum height of 25 feet;

(3)

Not closer than one mile to any other off-premises advertising sign;

(4)

Minimum setback from any street right-of-way of 25 feet.

Pole sign means a freestanding sign which is supported by one or more uprights. Pole signs shall be set back from property lines a minimum of one-half the required yard setback in that particular district, or set back a minimum of 50 feet from the traveled paved portion of the abutting street, whichever is less; and in no case closer than the height of the sign to the traveled portion of a public street. This distance shall be measured from the outer-most edge of the sign. Pole signs are prohibited in B-1 and B-2 districts, except when approved by the planning commission as a decorative monument sign which blends with the district.

Portable or temporary sign means any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other nonmotorized mobile structure; a portable sign which has its wheels removed shall still be considered a portable sign hereunder. For the purpose of this section, trailer signs and signs on benches are portable/temporary signs.

Projecting sign means a sign projecting from and supported by the wall of a building with the exposed faces of the sign not in a plane parallel to the building wall.

Public sign means a sign intended for the community and its people rather than a private commercial concern.

Required setback means the minimum setback as measured from the street right-of-way to the nearest portion of the sign or its supporting structure.

Roof sign means a sign which is erected, constructed and maintained upon or above the roof of a building, marquee or parapet wall and which is wholly or partially supported by the building, but not projecting more than five feet above a flat roof or above the highest portion of a sloped roof. Roof signs are prohibited in the B-1 and B-2 zoning districts.

Signs means and include every individual announcement, declaration, illustration, insignia, surface or space when erected or maintained in view of the general public on a public way for identification, advertisement or promotion of the interest of any person. This definition does not include small goods or products when displayed indoors, or when approved by the planning commission for outdoor display, or when displayed within three feet of the front of the building (see section 36-41, pertaining to merchandise display), or when displayed in a nonrequired yard.

Trailer sign means a sign supported on a mobile or portable chassis, including a motor vehicle, and is to be considered a temporary sign and installed for a 30-day or less period. Trailer signs shall have the owner's name and address clearly imprinted for identification purposes and must be unilluminated.

Wall sign means a sign which is attached directly to or painted lettering on a wall or mansard roof of a building with the exposed face of the sign in a plane parallel to the building wall, and which projects not more than 18 inches from the building or structure wall and which does not extend above the parapet, eaves or building facade of the building on which it is located. Wall signs located in the central business district, B-2 zoning, must be lower than the second floor window sills or 15 feet, whichever is lower.

Yard sign. See Pole sign.

Note— Definition illustrations. For purposes of clarity, certain definitions found in this subsection are supplemented through illustration. In the event of discrepancies between the sign illustrations and sign text, the sign text shall prevail.

(d)

General provisions.

(1)

Prohibited signs.

Encroaching signs, as defined in subsection (c) of this section, are prohibited, except for signs located in the B-2 zoning district as authorized by this chapter and signs approved by the city council as authorized by this chapter.

Any sign, which is by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or detriment to traffic safety by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any traffic control device on public streets and roads. Illumination of signs must be directed away or shielded from the roadway (indirect or internally illuminated), and must not be blue, red or amber colored.

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

Signs and sign structures that are no longer in use as originally intended or have been abandoned; or are structurally unsafe, constitute a hazard to safety and health, or those not kept in good repair.

Any sign which obstructs free ingress to or ingress from a required door, window, fire escape or other required exit way.

Any sign or other advertising structure containing any obscene, indecent or immoral matter.

Any sign, from the effective date of the ordinance from which this section is derived (November 5, 1986), unlawfully installed, erected or maintained.

Signs having flashing, blinking or running type lights that are visible from the roadway are prohibited unless such flashing, blinking or running-type lighting is used solely for the purpose of electrically changing the copy of the sign, for example, time and temperature signs.

Any sign installed prior to this section without a sign permit, when in fact the prior ordinance required a sign permit.

Signs located on vacant zoning lots, except real estate for sale, rent or lease sign, pertaining to the property on which the sign is located, see subsection (f) of this section, pertaining to temporary use signs.

Signs that obstruct visual clearance by exceeding 30 inches in height or signs not raised above a height of at least ten feet, with no more than one pole not exceeding 12 inches in diameter, shall not be permitted within the triangular area formed at the intersection of the traveled portion of any street, driveway or alley by a straight line drawn between them at a distance 25 feet from their point of intersection.

All signs shall be designed and constructed in conformance with the materials, loads, stresses and fire safety requirements as outlined by the state construction code requirements. Signs not so designed and constructed shall be prohibited.

(2)

Exempted signs. The following signs are exempt from the restrictions of this section:

Reserved.

Interior and exterior window signs on buildings located in nonresidential districts, and interior window signs located in residential districts for purposes of child safety; provided, however, window signs in the B-2 zone district shall comply with the design standards detailed in Schedule B set forth in this section.

Nameplates less than one square foot in area and located on a building.

Memorial signs or tablets with the building name and date, when cut into the masonry or made of bronze or similar material and located on a building.

Private directional, instructional or other noncommercial signs, such as entry, parking, restroom location, and similar functional signs, when horizontally painted on pavement and not to exceed four square feet in area when constructed and erected as pole signs and not to exceed four feet in height. When the height exceeds three feet, the sign must be set back a minimum of 20 feet from the traveled portion of a street, alley or sidewalk. A business identification sign or emblem, not exceeding 50 percent of the sign area, may be incorporated within the permitted private directional sign. Wall signs, not to exceed two square feet in area and not located more than eight feet above grade may also be placed for directional or instructional purposes.

A maximum of two on-premises institutional signs setting forth the name or any simple announcement for public, charitable, educational or religious purposes, not to exceed 18 square feet in area per sign. If ground mounted, the top of the sign shall not be more than six feet above grade level.

"No Trespassing," "No Hunting" and signs of a similar nature.

Address numbers with a numeral height not to exceed 12 inches when located on a building.

Flags bearing the official designation of a noncommercial organization and up to one free waving commercial flag, with a maximum area of 20 square feet, when displayed with an American flag.

Permanent signs affixed to equipment pertaining directly to the equipment or contents therein, i.e., gas pumps, vending machines.

Signs carried by an individual.

Credit card signs shall not exceed 18 inches by 18 inches when added to a conforming sign.

(3)

Nonconforming signs.

Signs installed without a sign permit shall be considered illegal and nonconforming and shall be either removed or made to conform to this section and a legal permit be obtained.

Nonconforming signs shall not be changed, altered or enlarged unless such change, alteration, or enlargement is made to conform to this section. See note at the end of this subsection (d).

Nothing in this section shall prohibit the change of the business or product copy or message thereon.

Any lawful nonconforming sign damaged, worn or destroyed may not be repaired, rebuilt, restored or reinstalled, except in conformance with this Code.

Exceptions: electrical, painting, tuck-pointing, sealing or other incidental repair or maintenance.

Signs for nonconforming uses of land and/or buildings must have approval from the city's zoning board of appeals.

No nonconforming signs shall be reestablished, maintained or resurfaced after the activity, business or usage to which it relates has been discontinued for 30 days or longer. Nonconforming signs of a discontinued activity, business or usage shall be considered a blighting nuisance and must be removed within 40 days of said discontinuation.

If the owner of a sign or the premises on which a sign is located changes the location of a building, property line or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform with this Code.

Note: Change in copy or sign facing shall not be considered a structural change and shall not require a permit provided that no enlargement is made.

(e)

Permitted signs by zoning districts. Sign regulations by their zoning districts are as follows:

(1)

Residential districts. In all residential districts, the requirements of Schedule A shall govern sign use, area, type, height, and numbers, in addition to requirements elsewhere in this section.

(2)

Commercial and office districts. In all commercial and office zoning districts, the requirements of Schedule B shall govern sign use, area, type, height and numbers, in addition to requirements elsewhere in this section. Pursuant to Schedule B, the sign standards for the B-2 zone district follow the Schedule B, groups 1 through 6, table of sign regulations.

(3)

Industrial districts. In all industrial zoning districts, the requirement of Schedule C shall govern sign use, area, type, height and numbers, in addition to requirements elsewhere in this section, and any protective covenants for the specific industrial parks.

(f)

Temporary use signs. Signs intended for use over a temporary period of time may be permitted. Temporary signs shall comply with all the requirements of this section and Schedule D. All temporary signs not listed in Schedule D are prohibited unless otherwise provided for in this chapter.

Schedule A - Residential Districts

	Use	Sign Type
		Pole	Marquee	Wall	Projecting Sign
Group 1 - Religious Day Care, Human Care, Cemeteries, Parks (public), Public Buildings and School
>	Maximum display area	6 square feet	6 square feet	6 square feet	6 square feet
	Maximum height	8 feet	See sign type definition	Not above wall line	Not above wall line
	Sign purpose	Identification	Identification	Identification	Identification
	Maximum number of signs	1 pole sign or 1 projecting sign	1 per entrance	1 per wall	1 projecting sign or 1 pole sign
Group 2 - Housing Developments, including Mobile Home Parks, Apartments, Subdivisions, Condominiums and Other Multi-Family Developments
	> Maximum display area	6 square feet plus a maximum increase of 50% for signs required by the government
	Maximum height	8 feet
	Sign purpose	Identification
	Maximum number of signs	1 per street entrance
Group 3 - Home Occupation, Name and/or Address of Occupant
	> Maximum display area	2 square feet		2 square feet	2 square feet
	Maximum height	4 feet		Not above wall line	4 feet
	Sign purpose	Identification		Identification	Identification
	Maximum number of signs	1 pole sign or 1 wall sign or 1 projecting sign per dwelling
Group 4 - Off-Premises Signs
	> Maximum Display area	***********************Prohibited**********************
	Maximum Height
	Sign purpose
	Maximum Number of Signs

Schedule B - Commercial and Office Districts

	Use	Sign Type
		Pole ^1,2,3	Marquee	Wall	Projecting Sign	Roof or Awning
Group 1 - Individual Establishment (not located within a multiestablishment center)
	Maximum display area	32 square feet - OS zone	6 square feet	An aggregate sign area of 15% area of wall being served	32 square feet - B-1, OS zone	See sign type definition
		48 square feet - B-3 zone			48 square feet - B-3 zone
		64 square feet - TS zone			64 square feet - TS zone
	Maximum height	Not higher than the maximum height limitation of the use district in which located	See definition	Not above wall line	Not higher than building	See sign type definition
	Sign purpose	Business or identification	Business or identification	Business or identification	Business or identification	Business or identification
	Maximum number of signs	1 pole sign or 1 projecting sign or 1 roof sign; plus awning, marquee and wall signs	1 per entrance	2 signs per wall, provided a wall with a projecting sign or roof sign shall not also contain wall signs plus one pole sign	1 projecting sign or 1 pole sign or 1 roof or awning sign, or 2 wall signs	1 roof or awning sign or 1 pole sign or 1 projecting sign
Group 2 - Individual establishments located within a multiestablishment
	Maximum display area	Individual pole signs are prohibited except that individual business tenants which are anchor stores with more than 25% of the total square footage in the multiestablishment (i.e., mall) may have 1 pole sign (complying with Group 1 of this schedule) in addition to the center sign. (See Group 3 of this schedule.)	6 square feet	15% area of wall to be served	18 square feet	See sign type definition
	Maximum height		See sign type definition	Not above roof line	Not above wall line	See sign type definition
	Sign purpose		Business or identification	Business or identification	Business or identification	Business or identification
	Maximum number of signs		1 per entrance	1 per wall provided a wall with a projecting or roof sign shall not also contain a wall sign.	1 projecting sign or 1 roof or awning sign or 1 pole sign (if permitted - see pole sign requirements).	1 roof or awning sign or 1 projecting sign or 1 pole sign (if permitted - see pole sign requirements).
Group 3 - Multiestablishment and/or professional center. (This regulation does not apply to individual establishments in a development such as a shopping center. See Group 2 of this schedule for these requirements.)
	Maximum display area	32 square feet - OS, zone		15% area of wall of establishment that sign is to be installed.
		48 square feet - B-3 zone
		64 square feet - TS zone
		Allowable increase of 15 square feet in B-3 zone and 20 square feet in TS zones for each individual business (lease/deed) in the multiestablishment, up to a maximum of 144 square feet in B-3 zone and 192 square feet in TS zones.
	Maximum height	Not higher than the maximum height limitation of the use district in which located.		Not above front wall
	Sign purpose	Identification of shopping center and/or identification of individual businesses in shopping center.		Identification of shopping center
	Maximum number of signs	1 pole sign per center		1 per wall
Group 4 - Auto service station
	Maximum display area	32 square feet - B-3 zone		15% area of wall of establishment that is to receive sign.	32 square feet - B-3 zone	See sign type definition.
		64 square feet - TS zone			64 square feet - TS zone
	Maximum height	30 feet		Not above wall line.	Not above wall line.	See sign type definition.
	Sign purpose	Business or identification		Business or identification	Business or identification	Business or identification
	Maximum number of signs	Corner lot - Total of 2 pole signs or 2 projecting signs or combination of each.		1 per wall, provided a wall having a roof sign shall not also contain a wall sign.	Corner lot - Total of 2 projecting signs or 2 pole signs or combination of each.	1 per establishment
		Inside lot - 1 pole sign or 1 projecting sign.			Inside lot - 1 projecting sign or 1 pole sign.
Group 5 - Permanent off-premises signs.
	Organization or Agency Requesting Sign		Sign Type/Purpose/Standards/Approval
	City, Michigan Department of Transportation and United States Federal Highway Administration		Traffic Control Signs - Traffic control signs of the city, Michigan Department of Transportation and United States Federal Highway Administration are exempt from the provisions of the ordinance and may be designed and erected in accordance with applicable local, state, and federal guidelines.
	Public agencies and organizations including schools, public libraries, City of Cadillac, Wexford County Board of Commissioners, Cadillac-Wexford Transit Authority, Cadillac-Wexford Airport Authority, and other local, state and federal public agencies and organizations.		Directional Signs - Off-premises encroaching signs are subject to review and approval by the city council based upon a demonstration of compliance with the following standards: 1. Signs shall be for directional purposes only providing the name and location of the agency or organization they are intended to serve. 2. Signs shall not conflict with traffic control signs and devices or pre-existing signs nor impact the safe and efficient circulation of pedestrians and motorists. 3. Signs shall not impact the ability of people to safely and efficiently exit and enter parked vehicles. 4. Signs shall not be internally or externally lighted. 5. Signs shall be designed and located such that they are harmonious with the character of the surrounding area. 6. Signs shall not result in the rerouting of vehicular traffic such that residential areas traversed by the sign's directional message experience significant increases in vehicular traffic levels, unless the city council determines said rerouting to be in the public interest. In approving these signs, city council has authority to regulate the design, number and location of the signs.
	Maximum display area	48 square feet		15% of area of wall served
	Maximum height	30 feet		30 feet
>	Sign purpose	Name or location with directions to a business or activity.		Name or location with directions to a business or activity.
	Maximum number of signs	Only as approved by city council.		Only as approved by city council.
Group 6 - Off-premises advertising (see definition)
	Maximum display area	350 square feet face or 700 square feet total		350 square feet face or 700 square feet total
	Maximum height	25 feet		25 feet
	Sign purpose	Advertising a business or service identification		Advertising a business or service identification
	Maximum number of signs	3 pole signs or 3 wall signs or any combination of each. (See the zoning administrator.)		3 wall signs or 3 pole signs or any combination of each. (See the zoning administrator.)

Prohibited in B-1 and B-2 zones (except when approved by the planning board). In a TS-2 zone, when located within 25 feet of the abutting street right-of-way, the bottom of the sign must be raised, on poles, and at least seven feet above the ground.

In addition to the main sign face of a conforming pole sign, an additional sign face may be added to the pole as a secondary sign. The secondary sign must:

Be located below the main sign face;

Not exceed 18 square feet in display area;

Not be larger in display area than the main sign face; and

The area of a pole sign may be increased one square foot per each additional one foot the sign is set back from the front property setback line.

Each individual business must be separated with walls constructed in conformance with the building code.

B-2 Central Business District Zone District

Wall Signs — B-2 Zone District
	Location	May be placed on any building elevation (wall) capable of being viewed from a public right-of-way such as a street, alley, sidewalk, or public parking lot.
	Number	One sign per building elevation, provided, however, a building elevation with a canopy sign or awning sign may not also erect a wall sign on said elevation. (See also Notes 1 and 2.)
	Maximum Area Per Sign	Fifteen percent of the gross area (in square feet) of the exterior building elevation (wall) on which the sign is to be placed.
	Projection from Wall	No portion of a wall sign shall project more than 18 inches from the wall to which the sign is attached.
	Height	Building Walls Adjacent To And Facing Mitchell Street (131BR) — Signs must be lower than the second floor windowsills or 15 feet, whichever is lower. Building Walls Adjacent To Other Streets And Alleys - No portion of a wall sign shall project above the wall to which the sign is attached.
	Illumination	Wall signs may be externally or internally illuminated.
	Notes	1) A sign may include the names of multiple building tenants and businesses provided the sign is designed, constructed, and installed as a single, cohesive, unit.2) Any business having an exterior wall possessing a doorway allowing direct access to the outside may install a wall sign on the exterior wall. Other businesses (i.e. those in multi-tenant buildings) must share the space on a wall sign as provided for under Note 1). A business with an exterior (outside) wall shall be considered a building elevation for sign purposes provided:a) the exterior wall possesses a doorway leading directly to the outside; and,b) said doorway is for the exclusive use of the business and business patrons for which direct outside access is provided.For determining allowable sign size, the area of the building elevation as stated above shall be based on the area of that portion of the exterior wall which, if extended internally, would be coincident with the interior space of the business served by said wall.
Projecting Signs(1) — B-2 Zone District
	Location	May be attached to any building elevation (wall) fronting a street, alley, sidewalk, or public parking area.
	Number	One permanent sign per building elevation (wall) and one temporary sign per building elevation (wall) in which their exists a public entry point. A building elevation with a permanent projecting sign may not also erect a hanging sign on said elevation.
	Maximum Area Per Sign	Signs Projecting Into A Public Right-of-Way (2) - A projecting sign, with any portion of said sign extending into a public right-of-way, shall not exceed six square feet. Projecting Signs Outside Of A Public Right-of-Waya) Permanent - Shall not exceed 24 square feet.b) Temporary — Shall not exceed six square feet.
	Projection from Wall	No portion of a projecting sign shall extend more than 42 inches from the wall to which the sign is attached.
	Minimum Height	Permanent Projecting Signs - No portion of a permanent projecting sign shall be less than seven feet from the underlying ground surface. Temporary Projecting Sign a) The wall-mounting bracket for the sign pole shall be not less than five feet six inches from the underlying ground surface. b) No portion of a projecting sign face shall be less than six feet from the underlying ground surface if located within 36 inches of the wall to which the sign is attached. If located beyond 36 inches, no portion of a projecting sign face shall be less than seven feet from the underlying ground surface.
	Maximum Height	No portion of a projecting sign shall be higher than 15 feet from the underlying ground surface, provided, however, in no case shall any portion of the sign extend above the wall to which the sign is attached.
	Illumination	Projecting signs extending over a public right-of-way shall not be illuminated. Other projecting signs may be externally or internally illuminated.
	Notes	(1) Projecting Signs: a) Permanent Projecting Signs - Signs classified as permanent refer to those in which a sign is permanently affixed to a building and with the sign support and face constructed of rigid materials such as wood, firm plastic or vinyl, and metal. b) Temporary Projecting Signs - Signs classified as temporary refer to those in which the components of the sign (pole and sign face) are commonly placed and removed on a daily basis. The sign face is constructed of non-rigid material such as cloth, canvas, or flexible plastic and vinyl. Temporary signs commonly include "Open for Business" banners placed by merchants during the hours of business operation.(2) No portion of a projecting sign extending over a public right-of-way shall interfere with the safe movement of pedestrians.
> Hanging (Suspended) Signs (Including Marquee Signs) — B-2 Zone District
	Location	Hanging signs shall be located beneath, and suspended from, a canopy, marquee, soffit, or similar building feature.
	Number	One sign per building elevation (wall). A building elevation with a hanging sign may not also erect a permanent projecting sign on said elevation.
	Maximum Area Per Sign	Four square feet.
	Projection from Wall	No portion of a hanging sign shall extend beyond the perimeter of the building feature to which the sign is attached.
	Minimum Height	No portion of a hanging sign shall be less than seven feet from the underlying ground surface.
	Maximum Height	No portion of a hanging sign shall be higher than 15 feet from the underlying ground surface.
	Illumination	None.
> Pole Signs (1) — B-2 Zone District
	Location	No portion of the sign, including the sign pole (support members) or sign face, may be located in or over a public right-of-way.
	Maximum Sign Area	Thirty-two square feet.
	Number	One (1) sign per parcel.
	Minimum Height	Except for the pole upon which the sign is mounted, no portion of the sign shall be less than seven feet from the underlying ground surface.
	Maximum Height	No portion of the sign shall be higher than 40 feet from the underlying ground surface.
	Illumination	Signs may be externally or internally illuminated.
	Notes	1) Pole signs are subject to review and approval by the City Planning Board as a Special Land Use.
> Ground Mounted (Monument) Signs — B-2 Zone District
	Location	The sign shall be located not less than ten feet from any property line. In no case shall a sign be located in a clear vision area.
	Maximum Sign Area	Twenty-four square feet.
	Number	One sign per parcel.
	Maximum Height	No portion of the sign shall be greater than four feet in height as measured from the underlying ground surface.
	Illumination	May be externally or internally illuminated.
> Portable A-Frame (Sandwich Board) Signs on a Public Sidewalk — B-2 Zone District
	Location	The sign may be placed on the public sidewalk located adjacent to, and extending between, the front building elevation (i.e. building wall) and street curb line, provided, however, signs may not be placed in or on: a) decorative brick pavers; b) clear vision areas; c) locations that interfere with normal pedestrian movement and/or safety; d) curbside locations interfering with vehicular movement and passenger loading and unloading; or, e) any location representing a potential safety hazard. (See Note 1.)
	Maximum Sign Area	Six square feet per side with a maximum of two sides.
	Number	One sign per building entry commonly used by business patrons (See Note 2.)
	Maximum Height	Not to exceed 42 inches, as measured from the sidewalk to the uppermost part of the sign when fully opened for display purposes.
	Illumination	None.
	Placement Hours	Coincident with the hours of the business operation to which the sign relates. At all other times the sign shall be placed in-doors.
	Notes	1) In no case shall the standards of this chapter regarding the location of portable a-frame signs in a public right-of-way override or preclude compliance with any standards, regulations, and/or permit requirements imposed by the Michigan Department of Transportation (MDOT) pursuant to the use and occupancy of right-of-way under MDOT ownership and/or control.2) Only one sign is permitted per building entry regardless of the number of tenants or businesses that use said entry. The sign may include copy referencing multiple tenants or businesses.
> Canopy and Awning Signs — B-2 Zone District
	Location	As an integral part (design) of a canopy or awning.
	Maximum Sign Area	A canopy or awning sign shall not exceed 15 percent of the gross area (in square feet) of the exterior building elevation (wall) on which the canopy or awning is to be placed.
	Number	One sign per canopy or awning, provided, however, a building elevation (wall) with a wall sign may not also erect a canopy or awning sign on said elevation.
	Projection from Canopy or Awning	No portion of a canopy or awning sign shall extend more than three inches beyond the underlying surface of the canopy or awning to which the sign is attached.
	Minimum Height	No portion of a canopy or awning sign shall extend below the canopy or awning.
	Maximum Height	No portion of a canopy or awning sign shall extend above the canopy or awning.
	Illumination	Canopy or awning signs may be illuminated internally.
> Window Signs — B-2 Zone District
	Location	The exterior or interior of a window.
	Maximum Sign Area	Signs shall be placed such that a clear vision area of not less than 50 percent of the window surface, as measured by the exterior window surface, shall be maintained. Clear vision area refers to that portion of a window not blocked by any sign treatment thereby allowing views through the window.
	Number	Not applicable.
	Projection from Window	No portion of a window sign shall extend more than one-half inch from an underlying exterior window surface. Not applicable to interior window surfaces.
	Minimum Height	Not applicable.
	Maximum Height	Not applicable.
	Illumination	Not applicable.

Schedule C - Industrial

Use		Sign Type
		Pole	Marquee	Wall	Projecting Sign
> Group 1 - Individual Establishments (see footnote 1)
	> Maximum display area	32 square feet	6 square feet	15% of area of wall served.
	Maximum height	Not higher than the maximum height limitation of the use district in which located.	Affixed to the underside of the building overhang.	Not above front wall
	Sign purpose	Identification or business
	Maximum number of signs	1, provided that a wall sign shall not also be erected on the wall adjacent to a pole sign.	1 per entrance	1 per wall, provided that a wall sign shall not also be erected on a wall adjacent to a pole sign
Group 2 - Individual park entrances (see protective covenants for specific park restrictions).
	> Maximum display area	32 square feet
	Maximum height	Not higher than the maximum height limitations of the use district in which located.
	Sign purpose	Industrial Park Identification
	Maximum number of signs	1 sign per drive
Group 3 - Off-Premises Signs
	Maximum display area	*****************Prohibited********************
	Maximum height
	Sign purpose
	Maximum number of signs

Individual establishments within the city's industrial parks are covered by protective covenants. Pole signs are not permitted. Refer to covenants for requirements and standards.

Schedule D - Temporary Use Signs

Sign Type	Maximum Size Per Face	Maximum Height	Maximum Duration
Real estate: sale, rent, or lease and construction signs in residential zones. (No permit required.)	4 sq. ft. (single-family) 10 sq. ft. (multiple-family).	6 feet	5 days after purpose of sign fulfilled.
Above signs, all other districts. (No permit required.)	32 sq. ft.	6 feet	10 days after purpose of sign fulfilled.
Political signs. Must be located on private property with permission of owner or agent. (No permit required.)	4 sq. ft. (residential districts) 32 sq. ft. - (other districts)	6 feet	Must be removed within 10 days following election. Must be self-supporting.
Trailer/Mobile sign in Commercial and Industrial Districts. (Permit required.)	32 sq. ft.	6 feet	30 days during any calendar year and no more than 1 every 6 months.
Interior signs (visible from the street). (No permit required.)	No maximum	Not applicable	Not applicable.
Off-premises encroaching signs of non-profit agencies and organizations registered with the Internal Revenue Service as such and other charitable agencies and organizations exempt from paying income and property taxes that are centered on religious, educational or other public interest activities that are philanthropic in nature. City council approval required for signs. Refer to footnote 3.	6 sq. ft. per side with a maximum of two sides. (Permitted in all districts)	Subject to council approval.	Subject to council approval.

Notes:

For single-family subdivisions under development, sign(s) shall be removed within the year after sale of 90 percent of all lots.

Trailer signs shall have owner's name and address clearly imprinted for identification purposes. See definition (x).

Off-premises encroaching signs are subject to review and approval based on compliance with the following:

Signs shall not conflict with traffic control signs and devices or pre-existing signs nor impact the safe and efficient circulation of pedestrians and motorists. Signs shall not be placed in clear vision zones as required by the city or Michigan Department of Transportation.

Signs shall not impact the ability of people to safely and efficiently exit and enter parked vehicles.

Except as noted, signs shall not be placed in a public right-of-way, such as a public sidewalk, on which that portion of public right-of-way has been authorized by the ordinance for the placement of an off-premises sign by a business located in a building abutting said right-of-way. Exception: an above business may permit the placement of an approved temporary sign associated with a governmental, non-profit or charitable agency or organization activity or event. In doing so, said business shall refrain from also exhibiting their business sign during the period at which the sign of the governmental, non-profit or charitable agency or organization is displayed.

Signs shall be designed and located such that they are harmonious with the character of the surrounding area.

Signs shall not result in the rerouting of vehicular traffic such that residential areas traversed by the sign's directional message experience significant increases in vehicular traffic levels, unless the city council determines said rerouting to be in the public interest.

Signs shall be placed no earlier than 7:00 a.m. and removed by 9:00 p.m. each day, unless different times for said placement have been approved by the city council.

In approving these signs, city council has authority to regulate the design, number and location of the signs.

(g)

Special land uses. All signs connected with a special land use or planned unit development as outlined in the zoning ordinance must be reviewed and approved by the planning commission. The board must use the requirements of the underlying zoning district as a guide.

(h)

Administrative and enforcement.

(1)

Administrative. The provisions of this section shall be administered by the zoning administrator or his or her designee, who shall have the authority to issue sign permits. It shall be unlawful to erect or replace any sign, whether freestanding, mounted on, applied to or painted on a building or other structure, without first obtaining a permit, except temporary signs. Painting, repainting, repairing, servicing or cleaning of a sign or the changing of the business or product copy of a message thereon shall not be considered an erection or alteration which requires a sign permit, unless a structural change is made.

(2)

Enforcement. If the zoning administrator or his or her designee shall find any of the provisions of this section are being violated, he shall notify, in writing, the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. If compliance is not accomplished within a prescribed 30 days, the city attorney shall be contacted for appropriate enforcement action.

(3)

Penalties. Any violation of the provisions of this section is punishable as a municipal civil infraction. Each day of violation shall constitute a separate offense.

(i)

Sign permits.

(1)

Application for a permit to erect or replace a sign shall be made to the zoning administrator or his or her designee, by submission of the required forms, fees, exhibits and information by the owner of the property on which the sign is to be located, or by his or her agent, or lessee. The applications shall contain the following information:

The property owner's name and address in full.

Applicant's name and address.

Address of property on which sign is to be situated.

Business to which sign belongs or relates.

Total display area in square feet.

Proposed setback from the right-of-way.

Sign type.

Sign purpose.

Sign height.

Height and width of building to be served, if applicable.

Drawing of proposed sign indicating proposed copy.

(2)

Sign permits issued on the basis of plans and applications authorize only the design and construction set forth in such approved plans and applications, and no other design.

(3)

No sign permit for any sign which does not conform to the provisions of this section shall be issued.

(4)

The zoning administrator or his or her designee may require the Wexford County building inspector to certify that all expected loadings are anticipated. If the zoning administrator determines that an electrical permit or building permit may be required, the zoning administrator shall direct the applicant to contact the Wexford County building inspector, and the applicant shall be required to obtain all required permits.

(5)

The city shall maintain a record of all sign permits issued, and the record shall be open for public inspection.

(6)

Permit fees shall be as currently established or as hereafter adopted by ordinance from time to time.

(7)

Illegal signs. For all signs hereafter erected without issuance of a required sign permit, the zoning administrator or his or her designee shall inform, by certified mail, the property owner upon whose property the sign is situated of the alleged violation of this section. Seventy-two hours shall be allowed for compliance with this section, with the permit fee charged at five times the standard permit fee.

If compliance is not accomplished in the prescribed 30-day period, the city attorney shall be contacted for appropriate enforcement action.

(j)

Appeals and variances.

(1)

Appeals. Any person allegedly aggrieved by a decision of a city official relative to the placement, area, height or construction of a sign may appeal such decision to the city zoning board of appeals. Such appeal shall be taken as a normal appeal through the zoning administrator.

(2)

Variances. Whenever the strict application of the requirements of this section may pose demonstrable hardship or practical difficulty with regard to placement, area, height and construction of a sign, a request for variance from such requirements may be filed with the zoning administrator on a form provided for such purpose.

(3)

Standards. The standards for granting variances shall be that all of the following conditions must be met:

Variances may be granted only when it can be clearly demonstrated that hardship or practical difficulty will in fact exist if the variance is not granted.

The mere fact that other larger signs constructed under prior sign ordinances do exist in the area shall not be sufficient reason to declare hardship nor practical difficulty.

In no case shall a variance be granted if it is determined by the board of appeals that the appellant has created the hardship or practical difficulty.

Before a variance is granted, it must be shown that the alleged hardships or particular peculiar difficulties of the person requesting the variance result from conditions which do not exist generally throughout the city.

The applicant for a variance shall be prepared to furnish a site drawing, photographs, and/or any other means of proof to the board of appeals to so indicate that hardship or practical difficulty does in fact exist.

The term "hardship" shall not be deemed financial hardship relating to the cost of the sign or the size of the sign or to the fact that the sign has already been constructed, or the fact that the sign is only available in standardized sizes and/or materials.

Example: franchised business signs.

The alleged hardships and practical difficulties, or both, which will result from a failure to grant the variance must include substantially more than mere inconvenience, or mere inability to attain a higher financial return.

It must be shown that allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this section, the individual hardships that will be suffered by a failure of the board to grant a variance, and especially the rights of others whose property would be affected by the allowance of the variance.

The above findings of fact shall be made by the board of appeals, which is not empowered to grant a variance without finding of fact in each of the categories above. Every finding of fact shall be supported in the record of the proceedings of the board.

Nothing contained herein shall be construed to empower the board of appeals to change the terms of this section or to add to the types of signs permitted on any premises.

(4)

Fees. Any person filing for a variance or taking an appeal with the zoning board of appeals shall fill out the necessary appeal variance form provided by the zoning administrator and shall pay a filing fee at the time of filing as currently established or as hereafter adopted by ordinance from time to time. The city clerk shall then place the matter on a regular meeting agenda of the board of appeals within 30 days of filing. Within 90 days of receipt, the board of appeals shall render a final decision in accordance with the provisions of this section.

(Prior Code, § 5.191; Ord. No. 86-16, 10-6-1986; Ord. No. 88-18, 10-17-1988; Ord. No. 91-14, 10-21-1991; Ord. No. 92-16, 10-5-1992; Ord. No. 95-14, 7-17-1995; Ord. No. 95-21, 8-7-1995; Ord. No. 97-12, 8-4-1997; Ord. No. 2007-05, § 1, 6-4-2007; Ord. No. 2009-04 § 1, 5-4-2009; Ord. No. 2010-10, § 18, 8-2-2010; Ord. No. 2013-05, § 2, 6-17-2013)

State law reference

Highway advertising act, MCL 252.301 et seq.

                    
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