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SIGNS
The regulations contained in this subchapter intend to provide for the establishment of signs, lighting, and displays that will promote viable commercial and industrial activity, 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. Furthermore, it is the intent of these regulations to preserve and improve the appearance of the city by preventing placement of oversized signs that are out-of-scale with surrounding buildings and structures, and an excessive accumulation of signs that would cause visual clutter. These regulations are further intended to regulate permitted signs in such a way as to create land use patterns compatible with other major land use objectives and to prevent such signs from causing annoyance or disturbance to the citizens and residents of the city.
(Ord. 792, passed 12-3-01)
(A) It shall be unlawful for any person, firm, or corporation to erect, construct or alter any sign in the city without complying with the provisions of this chapter. Applicable penalties for any violation of this chapter are established through City Council resolution and may be amended from time to time.
(B) Any sign already established on the effective date of this chapter, and which is rendered nonconforming by the provisions herein and any sign which is rendered nonconforming as a result of subsequent amendments hereto, shall be subject to the regulations concerning nonconforming structures and uses set forth in subchapter.
(Ord. 792, passed 12-3-01)
For the purpose of this chapter, the following definitions shall govern the meaning of the terms used:
BUILDING LINE. The minimum distance required between the right of way and the nearest supporting member of a building, structure, or sign, as specified in the building code.
FACE. The area or display surface used for the message.
LOT. Part of a subdivision, the plat of which has been recorded in the office of the Wayne County Register of Deeds; or a plot of land, the deed of which has been recorded in the office of the Wayne County Register of Deeds.
MARQUEE. A roof like structure or awning projecting over an entrance, as to a theater.
PARCEL. One or more lots under single ownership and control, which are used, developed, or built upon as a unit. Such lots may be in one or more subdivisions, and in one or more municipalities.
SIGN. Any use of words, numbers, figures, devices, designs, logos or trademarks visible to the general public and designed to inform or attract the attention of persons not on the premises on which the SIGN is located, including the structure upon which such words, numbers, figures, devices, designs, logos or trademarks are or may be written, printed or affixed unless said structure is a building as defined in applicable city codes. A SIGN shall include a device commonly known as a “search lights” or mechanism which emits beam(s) of light into the air as well as “floating” displays such as balloons or stuffed or inflated figures.
(1) ANIMATED SIGN. A sign which uses lights, moving parts, or other means to depict a creature or being as living or having life.
(2) AWNING SIGN. A sign which is printed on or affixed to an awning or canopy.
(3) BANNER SIGN. Signs produced on cloth, paper, fabric or other combustible material of any kind, either with or without frames.
(4) BILLBOARD. A freestanding or ground sign with an area in excess of 200 square feet.
(5) FESTOON SIGN. A sign consisting of a wreath or garland of flowers, leaves, paper or other material hanging in a loop or curve.
(6) FREESTANDING OR GROUND SIGN. A sign which is erected upon or supported by the ground, including signs on poles or pylons that are anchored in the ground.
(7) MONOLITH SIGN. A three-dimensional, self-supporting, base-mounted, freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted. A MONOLITH SIGN may also consist of a base-mounted cylindrical structure upon which a message is painted or posted.
(8) NONCONFORMING SIGNS. Signs which are prohibited under the terms of this chapter but were in use and lawful at the date of enactment of this chapter, shall be deemed nonconforming.
(9) OBSOLETE SIGNS. Signs that advertise a product that is no longer made or that advertise a business that has closed.
(10) OUTLINE TUBING SIGN. A sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it.
(11) PENNANT SIGN. Signs or displays consisting of long, narrow, usually triangular flags.
(12) PORTABLE SIGN. Signs which are not permanently affixed to a building face or to a pole, pylon, or other support that is permanently anchored in the ground. PORTABLE SIGNS are capable of being readily moved from one location to another.
(13) PROJECTING SIGN. A sign so constructed and erected as to be attached at one end to a building, metal pole or other structure and projecting out therefrom.
(14) REAL ESTATE SIGN. A sign used to indicate that a parcel of property or building is for sale, lease or rent.
(15) ROOF SIGN. A sign erected upon and structurally supported by the roof of a building.
(16) SANDWICH SIGN. A sign consisting of two advertising boards laid back-to-back and at least partially supported by each other.
(17) SPINNERS. A sign or display consisting of paper, plastic, or other types of parts that spin.
(18) EMPORARY SIGN. A sign which is intended to be erected only a few days or weeks including portable signs, trailer signs, banners, pennants or any other sign which is not permanently affixed to a building face or to a pole, pylon or other support that is permanently anchored on the ground.
(19) TRAILER SIGNS. A sign that is mounted on a frame with wheels, and is capable of being pulled by a vehicle or by hand. For the purposes of this chapter, TRAILER SIGNS shall be considered portable signs.
(20) WALL SIGN. A sign which is attached to, affixed to, placed upon, or painted upon any exterior wall or surface of any building, building structure, or part thereof, provided that no part of any such sign extends more than 12 inches from the face of the exterior wall. For the purposes of this chapter, signs attached to the face of a mansard roof shall be considered WALL SIGNS.
(21) WINDOW SIGN. Any sign located in or on a window and visible to the general public on the exterior.
VARIANCE. A modification of the literal provisions of this chapter, granted when strict enforcement would cause undue hardship due to circumstances unique to the individual parcel on which the VARIANCE is granted.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
(A) Plans, specification and permits.
(1) Permits. No new sign shall be erected, constructed, affixed, or painted, unless a sign permit therefor shall have first been approved and issued in accordance with the provisions set forth herein.
(2) Permit fee. A permit fee, as established by resolution of City Council and may be amended from time to time, shall be paid to the City Treasurer prior to the issuance of a sign permit in order to cover the costs of examination of sign plans and specifications. Said permit fee shall be credited to the general revenue fund of the city.
(3) Bond fee. A bond fee, as established through resolution of City Council and may be amended from time to time, is required to be submitted at the time the permit is issued. Said bond shall be per property, in cash or check form and refundable upon final inspection of sign and electrical work where applicable.
(4) Application for permanent signs. Although only one permit per sign may be required, the sign erector, contractor or builder and the owner or lessee of the premises upon which the sign is to be erected shall be jointly and severally responsible for applying for and securing a permit and complying with this chapter. Application for sign permits shall be made upon forms provided for this purpose by the Building Department and shall include:
(a) Plans and specifications showing the dimensions, materials and required details of construction, including loads, stresses, and anchorage.
(b) Plans indicating the location of the building structure, or parcel of land upon which the sign is to be placed.
(c) Written consent of the owner or lessee of the premises upon which the sign is to be erected whenever the application is submitted by a person, firm or corporation other than the owner or lessee.
(d) The name of the person, firm, or corporation owning, erecting, maintaining, or operating such sign.
(e) All other information required on the application form.
(5) Review of application for permanent signs. The application for sign permit and all supporting plans and specifications shall be reviewed as follows:
(a) Sign permit applications submitted in conjunction with the proposed construction of a new building shall be reviewed by the Planning Commission as part of the required site plan review. The Planning Commission shall also review sign permit applications for nonconforming signs. Planning Commission review shall be in accordance with the site plan review procedures set forth in § 155.286 of this chapter.
(b) The Building Official or other official responsible for code enforcement shall review sign permit applications for conforming signs to be erected on a site or existing building where no other new construction is proposed. The Building Official or other official responsible for code enforcement shall also review sign permit applications submitted in conjunction with the proposed construction of a new building and for nonconforming signs, following the review by the Planning Commission.
(c) The Building Official or other official responsible for code enforcement shall have the authority to issue a sign permit, provided that the application meets the approval of all reviewing authorities, as outlined above.
(6) Alteration. A sign shall not be enlarged or relocated except in conformity with the provisions set forth herein for new signs, nor until a proper permit has been secured. The changing or movable parts of an approved sign that is designed for such changes (such as lettering on a marquee sign or numbers on a gasoline price sign) or the repainting or reposting of display matter, shall not be deemed an alteration and shall not require a new permit, provided the conditions of the original approval and the requirements of this article are not violated.
(7) Permit not required. A permit shall not be required for the following signs:
(a) Any sign listed as an exception under § 155.241of this chapter.
(b) Street address signs.
(c) Nameplate and identification signs in residential districts.
(d) Signs accessory to parking areas.
(e) Temporary signs permitted without permit.
(f) Temporary window signs.
(8) Temporary sings permitted without permit. Temporary signs are subject to the following:
(a) Temporary signs shall only be ground or wall signs. The total area of temporary signs on any single lot shall not exceed 16 square feet in all residential districts and 32 square feet in any other zoning district.
(b) The maximum sign height of each temporary sign shall be four feet in all residential districts and six feet in any other zoning district.
(c) The maximum size of any single temporary sign shall be eight square feet.
(d) Temporary signs shall be located solely on private property outside of any street right-of-way or corner clearance area, with written permission from the property owner.
(9) Permitted temporary signs. An application for a permitted temporary sign permit shall be submitted to the Building Department upon forms provided by the city. Such forms shall contain all information specified in § 155.234(A) for application for a permanent sign permit. An application and permit shall be required for each such sign.
(b) The Building Official or other official responsible for code enforcement shall have the authority to approve a temporary sign application and issue a permit to be valid for up to 30 days in length or the duration of the event to which the sign applies, whichever is shorter.
(c) The following size limitations shall apply for all temporary signs:
1. In residentially zoned areas: 16 square feet total for all faces of the sign combined.
2. In commercially zoned areas: 32 square feet total for all faces of the sign combined.
3. In industrially zoned areas: 32 square feet total for all faces of the sign combined.
4. A sign with more than one face shall have its faces back-to-back or arranged so that any two faces which form a “V” in plan shall not have any angle greater than 15 degrees.
(d) The sign shall contain no visible, revolving or mechanical parts or movement, or other apparent visible movement achieved by electrical, electronic or mechanical means, including intermittent electrical pulsations or blinking lights, or by action of normal wind current.
(e) The location, design, structure, materials and support shall not constitute a hazard to safety, health or welfare of the general public during its period of erection.
(f) The sign shall not be attached to a tree, fence, utility pole, standpipe, gutter, drain or fire escape or impair access to a roof or ingress or egress of any structure.
(g) The sign shall not be located on any public property, right-of-way or sidewalk or on any property designated or required for parking.
(h) The applicant shall submit the permit for a temporary sign which shall be established by resolution of City Council except as follows:
1. City organizations, city-sponsored organizations or quasi-city organizations and functions will not be required to pay a temporary sign permit fee.
2. Whether such organizations are city-sponsored or quasi-city associations or functions shall be within the sole discretion of the Building Department or City Council, when applicable.
(i) No person, firm or organization shall be entitled to more than two temporary sign permits per year. This regulation shall not be circumvented by a business, firm or organization’s having a permit issued on its behalf to different applicants. In all cases where a person applies on behalf of any other person, firm, business or organization, such applicant shall divulge on the application form the name of the entity which is intended to benefit by issuance of the temporary sign permit.
(j) Prior to issuance of a temporary sign permit to a nonprofit organization, such organization shall provide to the Building Department a permission form signed by the owner of the property where the sign is to be located. Such form, which shall be provided by the Building Department, shall specifically indicate that such organization has permission to erect a sign upon the owner’s premises. A temporary sign for any organization which is not nonprofit shall only be erected on the organization’s own property.
(B) Inspection and maintenance.
(1) Inspection of new signs. All signs for which a permit has been issued shall be inspected by the Building Official or other official responsible for code enforcement when erected, and if found to have been constructed, supported, braced and painted in accordance with the approved plans submitted to the Building Official or other official responsible for code enforcement and in accordance with the provisions of this chapter, then a certificate of inspection shall be issued, upon request and without charge to the owner or erector. In cases where fastenings, anchorages, etc., are to be installed and bricked in or enclosed in such a manner that the inspector would not be able to inspect the anchorages or fastenings used, the sign erector shall advise the Building Official or other official responsible for code enforcement in writing when such anchorages and fastenings are to be installed so that inspection may be completed before enclosure; otherwise the Building Official or other official responsible for code enforcement shall be empowered to stop further construction or erection of said sign until any such concealed anchorages or fastenings are inspected and approved by the Building Official or other official responsible for code enforcement.
(2) Inspection of existing signs. All signs shall be inspected by the Building Official or other official responsible for code enforcement or electrical inspector once a year. If found to be adequately supported, painted to prevent corrosion, and so secured to the building as to safely support the weight of the sign as well as resist wind pressure in accordance with the general structural requirements for new signs, a certificate of inspection shall be issued, upon request. Upon receipt of the inspector’s written report, an annual inspection fee, as established by resolution of City Council and may be amended from time to time, shall be paid by the owner or applicant to the city.
(3) Correction of defects; new signs. Should any new sign erection of any kind be found unsafe, insecure, improperly constructed, or not in accordance with the approved plans or the requirements of this chapter, the sign erector, owner of the sign, or owner of the land shall make such erection safe, secure, and according to the requirements of this chapter, or entirely remove the sign in accordance with the following timetable:
(a) If the Building Official or other official responsible for code enforcement determines that the sign is an immediate threat to the safety of persons nearby, all required action to correct the defect shall be taken within 48 working hours (two working days) from time of notification in writing from the Building Official or other official responsible for code enforcement, provided the sign can be cordoned off or adequately secured during the intervening time so as to remove any immediate threat to safety. If said sign cannot be cordoned off or secured so as to eliminate any immediate threat to safety, then all required action to correct the defects shall be made without delay.
(b) If the Building Official or other official responsible for code enforcement determines that the sign is not an immediate threat to the safety of persons nearby, all required action to correct the defect shall be taken within seven working days after notification in writing from the Building Official or other official responsible for code enforcement.
(c) If defects are not corrected within the specified time limits, the Building Official or other official responsible for code enforcement may remove such sign at the expense of the sign owner or lessee.
(4) Correction of defects; existing signs. If, upon inspection, an existing sign is found to be unsafe, insecure, corroded, or subject to corrosion or otherwise poorly maintained so that the sign may become unsafe or insecure before the next annual inspection, then the owner shall make the sign safe and secure by completing any necessary reconstruction, repairs, painting, or other improvements, in accordance with the following timetable:
(a) If the Building Official or other official responsible for code enforcement determines that the sign is an immediate threat to the safety of persons nearby, all required action to correct the defect shall be taken within 48 hours (two working days) from the time of notification in writing from the Building Official or other official responsible for code enforcement, provided the sign can be cordoned off or adequately secured during the intervening time so as to remove any immediate threat to safety. If said sign cannot be cordoned off or secured so as to eliminate any immediate threat to safety, then all required action to correct the defects shall be made without delay.
(b) If the Building Official or other official responsible for code enforcement determines that the sign is not an immediate threat to the safety of persons nearby, all required action to correct the defect shall be taken within 30 days after notification in writing from the Building Official or other official responsible for code enforcement. The Building Official or other official responsible for code enforcement may extend the 30 day timetable if temperatures below 25 º Fahrenheit prevent painting, or if the defects involved are minor, not generally noticeable to the public, and not a hazard to public safety (such as replacement of burned out bulbs).
(c) If defects are not corrected within the specified time limits, the Building Official or other official responsible for code enforcement may remove such sign at the expense of the sign owner or lessee.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
Obsolete signs, which include all signs that advertise a product that is no longer made or that advertise a business that has closed, shall be removed by the owner, agent, or person having beneficial use of the building or structure upon which such sign is located, within 30 days after written notification from the Building Official or other official responsible for code enforcement. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for the removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by the current occupant or business in leased or rented buildings, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided that the sign structure and frame are maintained in accordance with the standards of this chapter and the city’s adopted building code.
(Ord. 792, passed 12-3-01)
No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provisions of § 155.237 of this chapter, except that nonconforming signs shall comply with the following regulations:
(A) Repairs and maintenance. Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent of more than 50% of its replacement cost, exclusive of the foundation shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; repair or replacement of electrical wiring or electrical devices; or changing of movable parts of a sign that is designed for such changes, as specified in this section.
(B) Change of occupancy, tenancy or ownership. All nonconforming signs shall be removed upon change of the business which occupies the premises or building upon which or for which said signs have been posted, including a change in tenancy or ownership of the premises to which the nonconforming signs apply. However, where a change in ownership occurs, which does not result in a simultaneous change of tenancy, then the nonconforming signs, which belong or apply to the tenant need not be removed during such tenancy provided they meet with all other applicable code requirements.
(C) Removal. Whenever a building upon which a nonconforming sign has been posted or which a sign is physically attached is structurally extended or enlarged such that the building’s size is increased by 25% or more, or whenever such a building has 25% or more of the area of its interior or exterior remodeled or altered, then all such posted or attached nonconforming signs shall be removed by completion of the structural extension, enlarged, remodeling or alteration.
(Ord. 792, passed 12-3-01)
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