(A) Permits.
(1) No sign, name plate, marquee, or other advertising structure shall be erected, replaced, structurally altered, enlarged, illuminated, changed in purpose, or relocated without first obtaining a sign permit pursuant to this subchapter, except those signs specifically exempted by division (D) of this section.
(2) An application for a sign permit shall be made to the Village Clerk, by the owner of the property on which the sign is proposed to be located or by his or her agent, or lessee.
(3) The Zoning Administrator shall review all properly filed applications for sign permits and issue permits only for those applicants fully meeting the criteria established in this chapter and the Village Building Code. The Zoning Administrator shall approve or reject the application within a reasonable time period of receipt of a completed application submittal.
(4) A schedule of permit fees shall be established and may be amended from time to time by resolution of the Village Council.
(B) Determination of display area and height.
(1) Except as noted in divisions (B)(3) and (B)(4) of this section, the display area permitted for any sign shall be determined as the entire area within a square, rectangle, circle, triangle or parallelogram enclosing the extreme limits or writing, lighting, representation, emblem or any figure of similar character, together with any frame or other material 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.
(2) Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; except that where two such faces are placed back to back 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.
(3) The display area of signs painted directly on building wall surfaces shall be limited to that area within a circle, square, rectangle, triangle, or parallelogram enclosing the extreme limits of writing, letters or numbers.
(4) Time and temperature displays including clock facings shall not herein be counted toward the allowable sign display area.
(5) The height of a sign shall be measured to the maximum vertical distance from the uppermost extremity of a sign or sign support to the average ground level at the base of the sign. Berms or other supporting measures for any sign shall be included in the computation for height.
(6) Buildings with multiple tenants.
(a) The sign areas for wall signs, marquee signs, projecting signs, and awning signs shall be determined by taking that portion of the front wall of the building, applicable to each tenant space, and computing sign requirements for that portion of the total wall.
(b) In the case of a corner lot, the wall area adjacent to the tenant space on the second street frontage shall be used to calculate the sign area for a second wall sign, awning sign, or projecting sign.
(c) Each sign shall be attached to the same wall which is used to determine its size.
(C) Prohibited signs.
(1) Any sign not expressly permitted is prohibited, including all signs noted in this division.
(2) Roof signs. For the purpose of this subchapter, a sign that is mounted on a mansard roof, roof overhang, parapet wall, above a marquee, or on a wall with a roof below, shall not be considered as a roof sign, but shall instead be considered as a wall sign for that side of the building, provided that no part of such sign extends above the uppermost building line not including chimneys, flag poles, electrical, mechanical equipment, TV antennas and other similar equipment and extensions.
(3) No sign shall employ any flashing, moving, oscillating, blinking, or variable intensity light or intermittent lights resembling the flashing lights customarily used in traffic signals, or police, fire, ambulance, or rescue vehicles, or lights so bright as to be blinding or distracting to a vehicle driver. However, variable time-temperature signs and intermittent electronic message boards may be permitted, provided each message shall not change more often than once every three seconds.
(4) No sign shall contain any moving or animated parts nor have the appearance of having any moving or animated parts.
(5) No sign shall use the words, "Stop," "Danger," or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse a vehicle driver.
(6) Billboards either as on or off-premise signs.
(7) Any sign which obstructs the ingress or egress from a required door, window, or other required exit.
(8) Signs located in the right-of-way of public streets or highways, except as may otherwise be permitted by the agency or governmental jurisdiction having jurisdiction over such right-of-way which includes review and approval by the Village of Fowler, or as otherwise may be permitted by this subchapter.
(Amended 10/10/11)
(D) Exempt signs. The following signs are permitted on premise with permission of the landowner without a written sign permit.
(1) Real estate signs on premise for property to be sold or leased.
(2) Building construction signs.
(3) Political signs.
(4) Placards and directional signs, not exceeding six square feet in display area on each side.
(5) Signs identifying a builder's address and/or the names of the occupants, but not advertising an occupation or business and not exceeding two square feet in display area on each side.
(6) Historic markers, signs identifying the name of a building or date of erection of a structure and official notices of any court or public agency not exceeding six square feet in display area on each side.
(7) Incidental signs located on the premises of a customary agricultural operation as defined in this chapter which identify and advertise, name of a farm, the operator's name, seed, fertilizer, herbicide, pesticide, feed, feed supplements, livestock, test plots, farm organizations, awards, and similar agricultural activities, including seed, feed, fertilizer, herbicide, and pesticide dealers, but excluding equipment and implement dealers and related repair facilities. Such signs shall not exceed 32 square feet in total display area including all such signs.
(8) Signs identifying the owner, operator, or name of a customary agricultural operation when located on agricultural buildings without display area limitations.
(9) Traffic control, directional, warning, or informational signs when authorized by a public agency having appropriate jurisdiction which conforms to the requirements of the Michigan Manual of Uniform Traffic Control Devices.
(10) Flags, pennants, or banners bearing the official insignia of a nation, state, county, municipality, or educational institution not to exceed 50 square feet in display area on each side and not used for the purposes of advertisement.
(E) Residential subdivisions. Provided below is a list of additional regulations applicable to ground signs and decorative walls for residential subdivisions (see also § 152.269).
(1) Subject to the provisions of this subchapter, a sign identifying entrances to a residential subdivision within the village may be permitted. Such signs shall be permitted as noted in § 152.269, provided that they will not, by reason of their size, location, construction, or manner of display, endanger persons or property, cause a traffic hazard, be incompatible with adjoining property use, and shall harmonize with aesthetic considerations of the subdivision.
(2) The location of subdivision identification signs may be within the public street right-of-way, but not in the traveled portion thereof for vehicular traffic. Written approvals of proposed sign placement and location shall first be obtained from appropriate village or county officials.
(3) All such signs shall be maintained in good condition and be visually attractive. The immediate area surrounding the sign shall be landscaped.
(4) Maintenance of all signs shall be at the expense of the owner, or owners, of the signs, which may be the subdivision property owners association, proprietor of the plat or other responsible person or entity.
(5) The owner(s) of such signs shall obtain liability insurance coverage for injury to persons and damage to property, arising out of their ownership, use or maintenance, in limits suitable to the village. Such insurance shall be primary to all other insurance coverage, shall include the village as a named insured, and shall be maintained at all times while the sign is located within the public street right-of-way. Proof of insurance shall be furnished to the village.
(6) As a condition of approval of the placement of subdivision signs in the public street right-of-way the owner(s) of the sign shall enter into an agreement with the Village of Fowler in which the owner(s) covenants to hold the village harmless from any injury to persons and/or property damage arising out of the ownership, use and maintenance of the signs, and to indemnify the village for any injury and/or damage it may sustain by reason of such ownership, use or maintenance, including costs and attorney's fees.
(7) Removal and replacement of such signs shall be by application to the Zoning Administrator. Approval shall be granted by the Zoning Administrator unless safety conditions, sign modifications, utility placement or relocation, street widening or relocation, need of other municipal improvements, or other such changing conditions occur which may for reasons of public health, safety, and welfare make replacement impractical. The village may require removal of such signs in the public right-of-way, at the owner's expense in any such cases where the public health, safety, or welfare is adversely affected by the continued existence of the sign in its location.