(a) Sign Code Administration. This chapter will be administered by the Building Official for the City of Lincoln Park.
(b) Conflict. In any case where a provision of this chapter is found to be in conflict with a provision of the City's Code of Ordinances or Zoning Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people prevails. In any case where a provision of the City's Code of Ordinances or Zoning Code is found to be in conflict with the provisions of this chapter and contains a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter prevail, and other standards are repealed to the extent that they may be found in conflict with this chapter.
(c) Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity does not affect the validity or enforceability of the remaining portions of the code.
(d) Permit Required. A sign permit must be obtained before erecting, relocating, or modifying any sign which is not otherwise exempted from the provisions of this chapter. In addition, the replacement of a sign head, addition of an electronic changeable copy display, or conversion to an electronic display for graphic or video or conversion to a multi-vision display on any existing sign is classified as a major alteration or modification which requires a sign permit as specified in this chapter and approval from the Building Official. An application for a permit must be filed upon forms provided by the Building Official and must contain the following information:
(1) The name, address, and telephone number of the applicant.
(2) The location of the principal building, structure, or lot to which the sign is to be attached or erected.
(3) The position of the sign in relation to nearby buildings, structures, and property and right-of-way lines.
(4) Side elevations of all sign faces.
(5) Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground showing the dimensions, materials and required details of construction, including loads, stresses, and anchorage. If, in the discretion of the Building Official, when the public safety requires, the plans and specifications required in this chapter must bear the certificate or seal and signature of a registered architect or engineer attesting to the correctness of the calculations and the structural integrity of the sign as a condition of permit issuance.
(6) A copy of the stress sheets and calculations, if deemed necessary by the Building Official, showing the structure as designed for dead load and wind pressure in accordance with regulations adopted by the Building Official.
(7) The name, address and telephone number of the person, firm, corporation or association erecting the sign.
(8) A copy of the liability insurance certificate.
(9) Written consent of the owner or lessee of the premises upon which the sign is to be erected.
(10) A sketch of the property showing the type and location of all signs on the premises.
(11) Such other information as the Building Official may deem necessary and require showing full compliance with this chapter and other applicable laws and ordinances of the City of Lincoln Park and the State of Michigan.
(e) Identification. Every sign, for which a permit has been issued and that has been erected, constructed or maintained, must be plainly marked with the name of the person owning, erecting, maintaining or operating such sign. The method and location of this identification must appear on the plans and within the specifications filed with the Building Official.
(f) Alterations. No person may alter, enlarge, relocate, re-erect or illuminate any sign, except in conformity with the provisions of this chapter for new signs, nor until after a proper permit has been secured. No permit is required for ordinary servicing, repainting of existing signs or cleaning of a sign, provided that conditions of the original approval and the requirements of this chapter are not violated. No permit is required for a change of the message of a sign designed for periodic message change without a change of structure, including a bulletin board or billboard, but not including a sign to which a new permanent face may be attached.
(g) Performance Guarantees.
(1) The City Council, the Sign Board of Appeals, or the Planning Commission may be delegated the function of establishing certain improvements as a contingency to granting site plan approval, special approval, variance, or amendment. In order to ensure strict compliance with any regulation contained or required as a condition of the issuance of a permit the Council, the Board, or the Commission may require the permittee to furnish a performance guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond. The performance guarantee must be deposited with the City Clerk, in an amount determined by Council, the Board, or the Commission, to be reasonably necessary to ensure compliance under this chapter and to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public.
(2) The applicant must submit an itemized estimate of the cost of the required improvements. The estimate must be one hundred percent (100%) of the cost of installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies. The Building Official will review this estimate before fixing the amount of the performance guarantee. However, in fixing the amount of such performance guarantee, the Building Official must take into account the size and scope of the proposed improvement project, the current prevailing cost of rehabilitating the premises upon default of the operator, the estimated expenses to compel the operator to comply by court decree, and such other factors and conditions that may be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application.
(3) The performance guarantee must be deposited at the time of the issuance of the permit authorizing the activity or project. The City may not require the deposit of the performance guarantee before the date on which the City is prepared to issue the permit. The City will establish procedures under which a rebate of any cash deposit, in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progresses. This section is not applicable to improvements for which a performance guarantee has been deposited in connection with Act 288 of the Public Acts of 1967, as amended (MCLA 560.101 et seq.).
(h) Sign Variances. A sign variance to the strict letter of the requirements of this chapter governing area, setbacks, frontage, height, bulk, and density may be allowed by the Sign Board of Appeals only in cases involving practical difficulties when the evidence in the official record of the appeal supports all the following affirmative findings:
(1) That the alleged practical difficulties are exceptional and peculiar to the property of the person requesting the sign variance, are not self-created, and result from conditions which do not exist generally throughout the City of Lincoln Park;
(2) That the alleged practical difficulties, which will result from a failure to grant the sign variance, include substantially more than mere inconvenience, or mere inability to attain a higher financial return, and would prevent the applicant from using property in question for a permitted purpose, or would render conformity with the strict letter of this chapter unnecessarily burdensome; and
(3) That allowing the sign variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the Sign Board of Appeals to grant a sign variance, and the rights of others whose property would be affected by the allowance of the sign variance, will ensure that the spirit of this chapter is observed, will not be contrary to the public purpose and general intent and purpose of this chapter, and will secure the public safety. The above findings of fact will be made by the Sign Board of Appeals, which is not empowered to grant a sign variance without an affirmative finding of fact in each of the categories above. Every finding of fact must be supported in the Board's record of proceedings. The applicant may be required to erect a three-dimensional mock-up model on site or submit such a model to the Building Official that depicts the variance requested. Nothing contained in this chapter will be construed to empower the Sign Board of Appeals to substantially change the terms of this chapter, or to significantly add to the types of signs permitted on any premises. Sign variances granted by the Sign Board of Appeals are for dimensional standards only, i.e., standards for the height, area, setback, and spacing of signs. The Board may not grant sign variances for the following: signs prohibited by this chapter; requirements for removing nonconforming signs; bonding and insurance standards; or the City's adopted building code.
(i) Sign Board of Appeals. The Zoning Board of Appeals for the City of Lincoln Park serves as the Sign Board of Appeals, consistent with the actions required by this chapter.
(1) Hearings. Any person aggrieved by a notice or order of the Building Official issued in connection with any alleged violation of the provisions of this chapter or any applicable rules and regulations consistent with this chapter, may file a petition with the Sign Board of Appeals setting forth their reasons for contesting the notice or order. Such petition must be filed ten (10) days after the notice or order is served on the petitioner.
(2) Time of Hearing and Notice. Within sixty (60) days after receipt of a valid petition, the Sign Board of Appeals must conduct a hearing at their next available regular meeting. The Sign Board of Appeals must set the time and place of the hearing, and serve the petitioner with notice of the hearing at least ten (10) days prior.
(3) Action of Sign Board of Appeals.
A. The Sign Board of Appeals has the power to modify or reverse, wholly or partly, the notice or order. The Board may grant an extension of time for the performance of any act required of not more than three (3) additional months, where the Board finds that there is practical difficulty connected with the performance of this chapter or by applicable rules or regulations issued consistent with this chapter, and that such extension is in harmony with the general purpose of this chapter to secure the public health, safety and welfare.
B. The Sign Board of Appeals must return a decision upon each case within sixty (60) days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Furthermore, the Board may, in appropriate cases, be permitted an extension of time after hearing the case, in which to make its decision provided such extension does not exceed thirty (30) days.
C. The concurring vote of four (4) members of the Sign Board of Appeals is necessary to reverse, wholly or partly, or modify any order, requirement, decision, or determination of the Building Official, or to decide in favor of the applicant for any matter upon which they are required to pass or to effect any variation in this chapter.
D. After a sign variance has been denied in whole or in part by the Sign Board of Appeals, then such application may not be resubmitted for a period of one (1) year from the date of the last denial. However, a denied variance may be reconsidered by the Board when, in the opinion of the Building Official or Board, newly discovered evidence or changed conditions warrant such reconsideration.
(4) Scope of Hearing. At the hearing, the petitioner will be given an opportunity to show cause as to why the notice or order should be modified or withdrawn, or why the time period permitted for compliance should be extended.
(5) Stay. An appeal will stay all proceedings pertaining to the appealed action unless the Building Official certifies to the Sign Board of Appeals, after the notice of appeal has been filed, that by reason of the facts stated in the certificate, an emergency exists. If an emergency exists, the proceedings will not be stayed, except by a restraining order or by a court of competent jurisdiction, following timely notice of application to the Building Official.
(6) Appeal Procedures.
A. Notice. The City must provide written notice of the hearing of an appeal, variance, or interpretation in accordance with the provisions in Section 1262.07(F) of the Zoning Ordinance.
B. Persons are required to appear in person or to be represented by a duly authorized agent.
C. The Sign Board of Appeals must prepare an official record for each appeal and will base its decision on this record. The official record must include:
i. The relevant administrative records and administrative orders issued in this chapter relating to the appeal.
ii. A notice of the appeal.
iii. All documents, exhibits, photographs, or written reports that may be submitted to the Sign Board of Appeals for its consideration.
(7) The requisite written findings of fact, the conditions attached, the decision, and orders by the Sign Board of Appeals in disposing of the appeal must be signed by the Secretary of the Board.
(8) An appeal of a Sign Board's decision must be filed within thirty (30) days after the Board certifies its decision in writing or approves the minutes of its decision, whichever comes first, and must be made in the manner provided by Section 606 of Public Act 110 of 2006, as amended.
(j) Appeals to Circuit Court.
(1) The decision of the Sign Board of Appeals is final. However, a person having an interest aggrieved by this Sign Code may appeal such decision to the Circuit Court. Upon appeal, the Court will review the record and decision of the Board to ensure that the decision:
A. Complies with the Constitution and laws of the State;
B. Is based upon proper procedure;
C. Is supported by competent, material and substantial evidence on the record; and
D. Represents the reasonable exercise of discretion granted by law to the Board.
(2) If the Court finds that the record of the Board is inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Board, the Court will order further proceedings before the Board on conditions which the Court considers proper. The Board may modify its findings and decision as a result of the new proceedings or may affirm its original decision. The supplementary record and decisions must be filed with the Court.
(3) As a result of the review required by this section, the Court may affirm, reverse or modify the decision of the Board.
(Res. 2020-059A. Passed 4-20-20.)