Zoning Board of Appeals

1 of 27 AGENDA ZONING BOARD OF APPEALS REGULAR MEETING Date: Tuesday, November 14, 2023 Time: 4:00 P.M. Where: City Hall, Room 301 1. Call to Order 2. Attendance 3. Additions or Deletions to the Agenda 4. Unfinished Business 5. New Business A. Z09-23 ZONING VARIANCE REQUEST: Petition from Burkett Signs on behalf of Trinity Neighborhood Center located at 10 W Bidwell St., Battle Creek, MI. Requesting a dimensional (non-use) variance allowing for a sign with dimensions in excess of the provisions stated in Section 1263.07 and Section 1263.08 of the Zoning Ordinance. Pursuant to Section 1280.03 for Parcel #4040-00-060-0. 6. Approval of Minutes: October 10, 2023 7. Comments by the Public 8. Comments by the Members 9. Adjournment 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  2 of 27 CITY OF BATTLE CREEK ZONING BOARD OF APPEALS 10 North Division, Battle Creek, MI 49014 MINUTES FOR MEETING OCTOBER 10, 2023 MEETING CALLED TO ORDER: By Chairperson Moreno at 4:00 p.m. BOARD MEMBERS PRESENT: Comm. James Moreno, present Comm. Michael Delaware, present Comm. Bill Hanner, present Comm. Noris Lindsey, present Comm. Chris Rogers, absent Comm. Janine Reed, absent Comm. Reagan Smith, present Alternate Comm. Jack McCulley, absent STAFF PRESENT: Melody Carlsen, Administrative Assistant, Travis Sullivan, Planning and Zoning Administrator, Darcy Schmitt, Planning Supervisor, Marcel Stoetzel, Deputy City Attorney. ATTENDANCE: Chair Moreno asked for attendance to be noted. ADDITIONS OR DELETIONS: Additions: Proposed 2024 Meeting Dates and Deadlines. UNFINISHED BUSINESS: None. NEW BUSINESS: A) Z08-23 ZONING VARIANCE REQUEST: Petition from Jim Fish for property located at 31 E Kingman Ave., Battle Creek, MI. Requesting a dimensional (non-use) variance allowing for the paving of more than 40% of the front yard area for the purpose of creating sufficient parking space for two vehicles on an improved driveway. Pursuant to Sections 1261.02 and 1280.03 for Parcel #6810-18-021-0. Staff Presentation: Travis Sullivan gave the staff report for 31 E Kingman Ave. The applicant, Jim Fish, is petitioning the Zoning Board of Appeals to keep the paved portion of the front yard of the subject property (31 E Kingman Ave., Parcel #6810-18-021-0) in excess of 40% as it currently exists. Planning staff has reviewed these conditions and believes that each condition can be justified in an affirmative manner. Rationale for each condition is provided below and planning staff recommends that the Zoning Board of Appeals approve the dimensional variance (Z-08-23) request allowing for a driveway covering in excess of 40% of the front yard area at 31 E Kingman Ave. to remain as is. Correspondence: Yes. Correspondence were submitted in favor of the request. 1  3 of 27 Applicant Presentation: Jim Fish was present to speak and answer questions from commissioners. Questions from Commission: James Moreno asked the applicant if he was aware of the limited parking area prior to the purchase of this property. Public Comment: None. Internal Board Discussion: None. MOTION MADE BY MICHAEL DELAWARE FOR THE APPROVAL OF APPEAL #Z08-23. SECONDED BY BILL HANNER. ROLL VOTE: Comm. James Moreno YES Comm. Michael Delaware YES Comm. Bill Hanner YES Comm. Noris Lindsey YES Comm. Reagan Smith YES ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. APPROVAL OF MEETING MINUTES: September 12, 2023. MOTION MADE BY BILL HANNER TO APPPROVE THE SEPTEMBER 12, 2023 MEETING MINUTES. SECONDED BY MICHAEL DELAWARE. All in favor signify by saying “eye”. ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. 2024 PROPOSED MEETING DATES AND DEADLINES Questions from Commission: None. MOTION MADE BY MICHAEL DELAWARE TO APPROVE THE 2024 MEETING DATES AND DEADLINES. SECONDED BY BILL HANNER. All in favor signify by saying “eye”. ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. 2  4 of 27 COMMENTS BY THE PUBLIC: None. COMMENTS BY STAFF AND COMMISSION MEMBERS: Commissioner James Moreno explained his concern about the applicant purchasing the house and knowing that parking would be limited. As well as safety concerns that could arise with having concrete so close the front door/step. Bill Hanner thanked staff for their work in helping residents with paving and driveway issues. Michael Delaware asked if there was a way we could educate the public more about when a permit is needed. James Moreno reminded the body about the training opportunity presented by staff. ADJOURNMENT: Chairperson Moreno adjourned the meeting at 4:27 p.m. Submitted by: Melody Carlsen, Administrative Assistant, Planning and Zoning 3  5 of 27 Battle Creek Zoning Board of Appeals Staff report for the November 14, 2023 Meeting To: Zoning Board of Appeals From: Travis Sullivan, Planning and Zoning Administrator Date: November 6, 2023 Subject: Variance Request: Z09-23 Petition from Burkett Signs, Inc. on behalf of Trinity Neighborhood Center located at 10 W Bidwell St., Battle Creek, MI. Requesting a dimensional (non-use) variance allowing for a sign with dimensions in excess of the provisions stated is Section 1263.07 and Section 1263.08 of the Zoning Ordinance. Pursuant to Section 1280.03 for Parcel #4040-00-060-0. Summary The applicant, Burkett Signs, Inc. on behalf of Trinity Neighborhood Center, is petitioning the Zoning Board of Appeals for a dimensional (non-use) variance to allow for a freestanding sign which exceeds the measurements prescribed for such signage in Chapter 1263 of the Zoning Ordinance. The proposed sign would be placed at 10 W Bidwell St. (Parcel #4040-00-060-0). The applicant is seeking relief to allow for a two-paneled freestanding sign, with each panel measuring 42 sq. ft. in area, with a maximum allowable height of 6’ within the R-1B Single-Family Residential District. The sign’s panels would form an “L” shaped design, allowing for the sign to be visible for those traveling (particularly) south along SW Capital Ave., while also providing visibility along W Bidwell St. near the corner W Bidwell St. and SW Capital Ave., given the unusual configuration of the subject parcel and the adjacent intersection. The proposed size of each panel (42 sq. ft.) would normally meet the provisions of Section 1263.08, given the 792 linear feet of street frontage that the subject parcel possesses. However, Section 1263.07(b) (Measurement of Sign Area) states that “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 two 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. Of critical importance to the applicant’s request, the sign’s two faces are separated by more than two feet at their furthest reach, requiring the faces to be calculated as two separate signs. The applicant is seeking a dimensional variance which would allow for the sign faces to be separated by more than 2’, allowing for the  6 of 27 Petition No. Z09-23 10 W Bidwell St., Parcel #4040-00-060-0 area of the sign as proposed to measured using only one face (and thus not exceeding the square footage allowable under Section 1263.08). Background Information The parcel which is the subject of this application is located at 10 W Bidwell St., with the property currently used as a church with associated accessory uses. The applicant is attempting to provide increased visibility of the proposed sign, given the unusual nature of the intersections of Meachem Ave. and SW Capital Ave., as well as W Bidwell St. and SW Capital Ave. adjacent to the east of the subject parcel. The intersection(s), as currently configured, create an unusual V-shaped gap between Trinity Neighborhood Center’s property and the street itself, at its greatest point exceeding 100 feet in length. This space, when combined with unusual angles from which the property can be seen from the adjacent streets, presents a unique hardship to the property in providing visibility of freestanding signage near the southeast corner of the parcel. The proposed new signage would replace the existing freestanding sign on the site, and would be placed in roughly the same location. The applicant is attempting to provide visibility along the nearest adjacent right-of-way (W Bidwell St.) while also maintaining visibility along SW Capital Ave., where the majority of folks looking to access the site will be traveling along. As was previously discussed, the parcel that is the subject of this petition is located along an unusual intersection, given the confluence of more than two streets and the especially large expanse of right-of-way between the Trinity Neighborhood Center’s property and the adjacent streets to the east (Meachem Ave and SW Capital Ave). Figure 1 below displays the subject parcel as currently configured, with a measurement provided (approximately 123 feet) at the furthest point between Trinity’s property and the edge of the street at the streets’ intersection. Figure 1: Aerial image of the subject property (10 W Bidwell St.). The property’s lot lines are indicated in yellow. The distance of the blue line measuring between the east edge of the property to the curb at the corner of Meachem Ave. and SW Capital Ave. is shown in the “Measurement Box.” A larger depiction of this image is available as an attachment to this report. 2  7 of 27 Petition No. Z09-23 10 W Bidwell St., Parcel #4040-00-060-0 The property which is the subject of this application is zoned R-1B Single-Family Residential. Figure 2 below provides further details regarding the zoning of the subject parcel and the surrounding properties. Figure 2: Zoning classification of the subject parcel and surrounding properties in the vicinity. Yellow star indicates the subject property at 10 W Bidwell St. Public Hearing and Notice Requirements An advertisement of this public hearing was published in the Battle Creek Shopper on Thursday, October 26, 2023, not less than 15 days prior to the hearing as required by State Law and local ordinance. Notices of the public hearing were also sent by regular mail to property owners and occupants located within 300’ of the subject parcel. As of the writing of this report, staff has not received any calls or correspondence commenting on this application. Variance Request and Analysis The applicant is seeking a dimensional (non-use) variance from the Zoning Board of Appeals to allow for the placement of an L-shaped sign with panels exceeding two feet of separation (and by 3  8 of 27 Petition No. Z09-23 10 W Bidwell St., Parcel #4040-00-060-0 extension, exceeding the square footage requirement prescribed in Section 1263.08 for Agricultural and Residential Zoning Districts). Section 1263.07 (Measurement of Sign Area) establishes that the area of a two-sided sign with equal sized faces may be calculated as the total of one sign face, provided the faces are placed back to back and not separated at any point by more than two feet. Section 1263.08 (Agricultural and Residential Zoning Districts) provides the dimensional requirements for signage in residential zoning districts. Square footage of a freestanding sign within a residential zoning district is limited to 24 sq. ft., with an additional bonus of 25% for each 150 linear feet of street frontage in excess of 300 feet (not to exceed a total of 48 sq. ft.). The property which is the subject of this application possesses a total of 792 linear feet of street frontage, allowing for a sign with an area of up to 42 sq. ft. The plans presented by the applicant display a sign measuring 60” tall by 96” wide (5’ x 8’), for a total of 40 sq. ft. While the measurement of a single sign face complies with the provisions of Section 1263.08, the L-shaped design of the sign results in a portion of the two faces being separated by more than two feet, causing the sign’s area to be computed as the aggregate of the two faces. With this measurement in mind (80 sq. ft.), the sign would exceed the area permitted within a residential zoning district. The applicant is seeking relief from Section 1263.07(b), which stipulates that the area of a two- sided sign be determined as the square footage of a single face, provided the faces are not separated by more than two feet. The applicant is seeking a dimensional variance from the Zoning Board of Appeals to allow for additional separation of the sign faces, given the hardship created by the unusual configuration of the parcel in relation to the intersection of Meachem Ave. and SW Capital Ave. to the east of the property. In the opinion of staff, the applicant faces a hardship with regard to the strict application of Section 1263.07(b) given the peculiar layout of the adjacent streets, the angle of the intersection, and the unusually large distance between the lot line of the subject parcel and the edge of the street. As a result of the hardship, staff recommends approval of the request for a dimensional (non-use) variance which would allow for the placement of the sign as described in the plans attached to this report (with the understanding that the total height of the sign is not exceed 6 feet). Applicable Zoning Ordinance Provisions Section 1230.06 (Definitions) provides the definition of the term “Front Yard” as it pertains to the Zoning Ordinance. Section 1261.02(d.3.B) stipulates the 40% maximum area of a front yard which may be consumed by a driveway and turnabout. Each relevant section of the ordinance has been included as an attachment to this staff report. Section 1280.03 “Zoning Board of Appeals”, subsection D. 2) states: 2) The Board shall have the authority to grant the following variations: 4  9 of 27 Petition No. Z09-23 10 W Bidwell St., Parcel #4040-00-060-0 a) Nonuse. If there are practical difficulties for nonuse variances relating to the construction, structural changes, or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance in the way of carrying out the strict letter of the zoning ordinance, then the Board may grant a variance so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice is done. The Board may impose conditions as otherwise allowed under the Michigan Zoning Enabling Act;…. 3) Variance Standards. In consideration of all appeals and proposed exceptions to or variations from this Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the applicant has met all of the following conditions as set out for the specific type of variance requested: a) Nonuse (dimensional) Variances: i) When it can be shown that a practical difficulty would, in fact, exist if the strict non- use requirements of this zoning ordinance (e.g., lot area, width, setbacks, building height, etc.) were applied to a specific building project, the Board may grant a variance from these requirements. The practical difficulty from a failure to grant the variance must include substantially more than a mere inconvenience or a mere inability to attain a higher financial return. ii) The practical difficulty must be exceptional and peculiar to the subject parcel of land which do not generally exist throughout the City and may not be self-imposed or the result of an earlier action by the applicant. If the parcel of land could be reasonably built upon in conformance with the requirements of this zoning ordinance by simply relocating or redesigning the structure(s), then a variance shall not be granted. iii) A variance shall not be granted when it will alter or conflict with the intent of this Ordinance considering the public benefits intended to be secured by this Zoning Code and the rights of others whose property would be affected by the allowance of the variance. iv) Any variance granted shall be the minimum necessary to provide relief for the practical difficulty of the applicant. Findings and Recommendation The Zoning Board of Appeals can approve, approve with conditions, or deny this request. The Zoning Board of Appeals can also table or postpone the request pending additional information. In consideration of all variations from the Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the conditions listed below are satisfied. Planning staff has reviewed these conditions and believes that each condition can be justified in an affirmative manner. Rationale for each condition is provided below and planning staff recommends that the Zoning Board of Appeals approve the dimensional variance (Z-09-23) request allowing for the placement of a two-side sign with panels that exceed the maximum separation of two feet without the need to consider BOTH sign faces in the calculation of the total area of the sign. 5  10 of 27 Petition No. Z09-23 10 W Bidwell St., Parcel #4040-00-060-0 A) Staff finds that a practical difficulty does in fact exist if the strict requirement of the ordinance is applied to this property and that the Board is authorized to approve the variance in this case. The subject property is located immediately adjacent to a very unusual intersection, which provides multiple challenges relating to the visibility of signage on the property. The conditions created by the intersection are unique to the property, and create difficulties with providing adequate signage for the identification of the establishment that other similarly situated properties with the R-1B zoning district would likely not face. B) Staff believes that the practical difficulty is exceptional and peculiar to the subject parcel and that the conditions associated with the property do not generally exist throughout the City. As was stated with regard to the previous standard, the intersection adjacent to the subject property is highly unusual, presenting a unique hardship to this specific property. C) Staff believes that if the variance is granted that the intent of the Ordinance will not be altered. The situation before the Board in this instance appears quite unique, with minimal practical consequences likely should the variance request be approved. D) Staff believe that the applicant’s request to place an L-shaped freestanding sign on the property with sign faces separated by more than two feet at their greatest point is the minimum necessary variance to provide relief for the practical difficulty of the applicant. Should the Zoning Board of Appeals approve the requested dimensional variance in this fashion, the applicant would not be seeking any increase in freestanding sign square footage beyond that which is already permitted by Section 1263.08. Given the information provided by the applicant and the above considerations, staff recommends approval of Z09-23, a petition from Burkett Signs, Inc. on behalf of Trinity Neighborhood Center located at 10 W Bidwell St., Battle Creek, MI, requesting a dimensional (non-use) variance allowing for a sign with dimensions in excess of the provisions stated is Section 1263.07 and Section 1263.08 of the Zoning Ordinance. Specfically, this dimensional variance would provide for relief from Section 1263.07, allowing for the two proposed sign faces to be separated by more than two feet while not requiring that the area of the sign be calculated as the aggregate area of each individual face. Attachments The following information is attached and made part of this Staff Report. 1. ZBA petition form (Petition #Z09-23) 2. Sign Plans 3. Supplemental Aerial Imagery 4. Zoning Ordinance Chapter 1263 6 11 of 27 12 of 27 13 of 27 14 of 27  ± 15 of 27 Every reasonable effort has been made to assure the accuracy of this map and associated data.The City of Battle Creek (hereinafter "City") makes no warranty, representation, or guarantee as to the content, ArcGIS Web Map sequence, accuracy, timeliness , or completeness of any data herein.The user of this map should not rely on the data provided herein for any reason.The City explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The City shall assume no liability for any decision made or actions taken or not taken Sources: Esri, A irbusAuthor: DS , USGCity S, NGof A, Battle NA SA, CGIAR, Creek N Robins on, NCEAS, NLS, OS, NMA, by the user of the map in reliance upon any information or data furnished hereunder. To be sure of the accuracy, please check with City staff for updated information. Geodatas tyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Date: 11/6/2023 Cit y of Batt le CreekCity of ent GI S Departm 1 inch = 94 feet 10 North Di vis ion S treet Battle Creek Batt le Creek, Mic higan 49014 269. 966. 3355 17 of 27 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 18 of 27 CHAPTER 1263 Signs 1263.01 Short title. 1263.02 Purpose statement. 1263.03 Permit required. 1263.04 Signs exempt from permits. 1263.05 Prohibited signs. 1263.06 General requirements for all signs. 1263.07 Measurement of sign area. 1263.08 Agricultural and residential zoning districts. 1263.09 Commercial and industrial districts. 1263.10 Billboards. 1263.11 Sign illumination. 1263.12 Maintenance. 1263.13 Mandatory sign removal. 1263.14 Abatement of nonconforming signs; notice. 1263.15 Penalty; equitable remedies. 1263.01 SHORT TITLE. This chapter shall be referred to as the “Sign Ordinance of the City” or just the “Sign Ordinance.” (Ord. 10-2020.Passed 11-24-20.) 1263.02 PURPOSE STATEMENT. The purpose of this chapter is to permit signs that will not, by way of their own reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety or otherwise endanger public health or safety, and to permit and regulate signs in such a way as to support and compliment land use objectives as set forth in this Zoning Code to support a more aesthetic environment within the City. (Ord. 10-2020.Passed 11-24-20.) 1263.03 PERMIT REQUIRED. No person shall erect or substantially alter a permanent sign without first acquiring a permit from the Community Services Department. Drawings showing to scale the dimensions, construction supports, sizes, electrical wiring, component materials of the sign, and method of attachment shall be submitted https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 1/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ with the permit application. This requirement shall not be construed to require a permit for 19 theof 27 replacement of a sign panel, or the change in copy on a changeable copy sign. (Ord. 10-2020.Passed 11-24-20.) 1263.04 SIGNS EXEMPT FROM PERMITS. (a) Temporary signs. (b) Building signs that are incorporated into the architecture of the building, including memorial tablets and historic markers attached to, embossed or engraved on the face of the building. (c) Signs painted on or permanently attached to motor vehicles which are legally licensed for and primarily used for transportation provided that no such vehicle is parked on a premise for the primary purpose of advertising. (d) Sidewalk signs for commercial buildings where the building is setback less than three feet from the public rights-of-way are permitted subject to the following requirements: (1) Only one sidewalk sign is permitted per building tenant frontage; (2) Permitted sidewalk signs are strictly limited to a maximum area of eight square feet per side, including any supporting structure or frame, and a maximum height of four feet, measured from the ground to the top of the supporting structure or frame; (3) Sidewalk signs shall not be illuminated; (4) Sidewalk signs shall be placed so as to maintain at least five continuous feet of clear sidewalk, as measured from the nearest edge of the sign or sign frame to the nearest curb or building wall for pedestrian passage; (5) Sidewalk signs must be securely anchored or weighted to prevent the sign from being blown so as to cause danger to the public or property, but may not be attached to a building, or secured to or placed in the ground, nor attached to any element including but not limited to trees, signs, light poles, planters, or similar objects; (6) A sidewalk sign shall not be placed so as to present an obstruction to visibility or movement of vehicular or pedestrian traffic at any driveway or street intersection; (7) No sidewalk sign shall be placed in a manner that obstructs or impedes sidewalk plowing or cleaning; (8) Sidewalk signs shall be constructed of wood, metal, or other similarly durable material; (9) All signs shall be maintained in a high-quality state; no peeling, broken, cracked or faded paint or vinyl; (10) Environmentally activated devices such as flags, festoons, balloons, ribbons or other attachments, including wheels or hitches for towing, are not permitted on a sidewalk sign; (11) All signs placed on a public sidewalk or within any portion of the public right-of-way must be well maintained to prevent any injury; (12) Sidewalk signs may only be displayed during the hours of operation of the business, and must be removed from the sidewalk at the close of business each day; and (13) The owner of the sign shall be strictly liable for and indemnify the City for any injury or damage to person or property caused by the size, placement or maintenance of a sidewalk sign, which occupies or extends over any portion of a public sidewalk or right-of-way. https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 2/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 20 of 27 (e) Directional sign means an on-premises sign containing noncommercial messages, including, but not limited to, designation of rest rooms, telephone locations, restrictions on smoking and door openings. "Directional sign" also means a sign containing noncommercial messages for, but not limited to, private traffic control and parking signs. (Ord. 10-2020. Passed 11-24-20; Ord. 12-2023. Passed 10-17-23.) 1263.05 PROHIBITED SIGNS. (a) Signs in the public right of way or other City property, except for signs erected by the City or with written approval by the City, or in the case of a permanent sign, an approved lease with the City, or sidewalk signs permitted pursuant to Section 1263.04(d). (b) Roof and portable signs. (c) Flashing signs and animated signs. (d) Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled right of way, which are of such intensity as to cause glare or impair the vision of pedestrians or the driver of any motor vehicle, or interfere with the operation of a motor vehicle are prohibited. (e) Abandoned signs, pursuant to Section 1263.11(b). (Ord. 10-2020. Passed 11-24-20.) 1263.06 GENERAL REQUIREMENTS FOR ALL SIGNS. The following conditions apply to all signs erected or located in any zoning district: (a) Sign Location. No sign shall be permitted at any location that creates any type of safety hazard or visual impediment to pedestrian or vehicular traffic. Any citation or notice of violation of this subsection shall cite any relevant building or electrical codes, provisions of this Zoning Code or other City ordinances. (b) Alterations. No sign will be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter. The refacing of signs is not an alteration within the meaning of this chapter. (c) Sign Attachment and Support. A sign must not be attached to or supported by a tree, utility pole, light pole, trash receptacle, bench, vending machine, public shelter, or be painted or drawn upon rocks or other natural features. (Ord. 10-2020.Passed 11-24-20.) 1263.07 MEASUREMENT OF SIGN AREA. (a) The area of a sign, expressed in square feet, shall mean the entire area within any circle, triangle or rectangle or square enclosing the extreme limits of writing, representation, emblem or any figure or 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. Refer to the figure. Figure 24. Area of a Sign https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 3/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 21 of 27 (b) 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 two 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. (c) Supporting framework or bracing that is clearly incidental to the display itself shall is not be computed as sign area unless it too contains advertising lettering, materials or symbols. (d) Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured as their maximum projection, upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. See figure 25. Figure 25. Sign Area, Three-Dimensional Objects (e) Regardless of their spacing, the letters forming a word or name shall are be considered a single sign. The area of such a sign shall be measured as provided in this chapter. (Ord. 10-2020. Passed 11-24-20; Ord. 03-2023. Passed 5- 2-2023.) https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 4/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 1263.08 AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS. 22 of 27 Agricultural and Residential Districts Sign Type Multi-family apartment complexes and permitted All Uses non-residential uses only Maximum Area: 6 square feet Maximum Height: 3 feet Temporary Signs Setbacks: Shall be located at least three feet away from the rights-of- ways and interior property lines Maximum Number: 1 per frontage along rights- Wall Sign Not Permitted of-way Maximum Area: 8 square feet Maximum Area: Shall Automatic not exceed 50% of Changeable Copy the total allowed sign Signs area for the premises. Maximum Number: 1 Maximum Area: 24 square feet. For properties having a street frontage of more than 300 feet, an additional 25% of sign area shall be allowed for each additional 150 feet of street frontage. However, the maximum size allowed for a sign shall not exceed 48 square feet. Freestanding Sign Not Permitted Setbacks: Shall not be closer than 5 feet from the street’s right-of-way line (but under no circumstance closer than 10 feet to edge of the road), or 10 feet from any interior property line. 25 feet from any street intersection, measured from the intersection of the street's right-of-way lines. Maximum Height: 6 feet (Ord. 10-2020. Passed 11-24-20; Ord. 04-2021. Passed 4-13-21; Ord. 12-2023. Passed 10-17-23.) 1263.09 COMMERCIAL AND INDUSTRIAL DISTRICTS. Commercial and Industrial Districts Sign Type Each parcel used in accordance with permitted uses or legal nonconforming non-residential uses Where a commercial parcel abuts a residential parcel, the setback All Signs distance of the sign shall be increased one foot for every square foot of signs Maximum Area: 24 square feet. No individual sign shall exceed 12 square feet. Parcels with greater than 300-foot of frontage are permitted an additional 12 square feet of temporary signage. Temporary Signs Maximum Height: 4 feet Setbacks: At least 3 feet from the rights-of-way and interior property lines https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 5/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 23 of 27 Each parcel used in accordance with permitted For properties having frontage on a Freestanding Sign uses or legal nonconforming limited access highway (I-94/M66) only non-residential uses Maximum Number: 1 per property. Where more than one tenant or buildings shares a single parking Maximum Number: 1 freestanding sign area, there shall be on their premises, specifically oriented to permitted only 1 traffic on the limited access highway freestanding sign. Properties Maximum Area: 150 square feet having frontage on more Maximum Height: 25 feet above the than one street rights-of-way grade level of the limited access highway are allowed a freestanding (I-94) at its nearest point to the sign sign on each, however each secondary sign shall not exceed 50% the size of the primary sign. Maximum Area: The allowable area is no greater than 1.2 times the parcel frontage, not exceeding 100 Setbacks: The sign may not be less than square feet 25 feet nor more than 50 feet from the Maximum Height: 25 feet highway right-of-way line and may not be Setbacks: At least 5 feet less than 100 feet from any other from any street right-of-way freestanding sign. (but under no circumstance closer than 10 feet to the edge of the road) These signs are permitted to be on any side of the building facing a parking lot or street so long as they do not project away from the buildings surface further than the thickness of the sign and they are not facing any residential district or use. Wall Signs Maximum Area: Shall not exceed the 1.2 times building frontage. Cannot exceed 10% of the walls total area. Maximum Height: In T-4 and T-5 zoning districts, the maximum height of a wall sign shall be the lowest point of the second-floor windows, or if there are no windows, 2 feet below the roof line or cornice. Window Signs Maximum Area: Shall not exceed 30% of each window area One sign shall be permitted for each side of the building fronting on a street or alley in a commercial district. Maximum Area: 8 square feet each side on a street and 6 square feet Blade Sign each side on an alley The sign shall project no more than 4 feet from the building and the bottom of the sign shall be a minimum of 8 feet above grade. Signs shall not be directly or indirectly illuminated. Maximum Area: Shall not exceed 1.2 times the canopy frontage in Canopy Sign square footage in total this can be used in combination with other specified signs. Drive-up/drive-thru Maximum Number: 1 sign per drive up lane in the side or rear yard. businesses Each additional service window is allowed 1 sign not to exceed 24 https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 6/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ square feet. 24 of 27 Maximum Area: 32 square feet. Maximum Height: 8 feet from grade Automatic Maximum Area: Shall not exceed 50% of the total allowed sign area for changeable copy the premises. signs (Ord. 10-2020. Passed 11-24-20; Ord. 03-2023. Passed 5-2-23; Ord. 12-2023. Passed 10-17-23.) 1263.10 BILLBOARDS. (a) Except as otherwise prohibited by this section, billboards are permitted in and limited to placement along in Agriculture, B-1, I-1 and I-2 zoning districts when placed along a limited access highway or state trunk line. A billboard is not permitted to be erected or placed on a premise which also contains a freestanding sign. (b) Billboards are subject to the following conditions: (1) Such signs shall be placed no closer than 1,500 feet from any other billboard sign on the same side of the right-of-way. (2) Such signs shall not exceed 672 square feet of area when located on or facing a limited access highway. When all other conditions are met for placement, the setback from a limited access highway or highway shall not exceed 300 square feet. When located on any primary highway as used in the subsection, terms limited access highway and primary highway shall have the same meaning as provided for as in the Highway Advertising Act Public Act of 1972, Public Act 106 of 1972, as amended, being MCL 252.301 et seq. (3) Such signs shall not exceed thirty-five feet in height. (4) Such signs shall not be closer than ten feet from any property line, twenty feet from any street right-of-way, and 100 feet from any residential, public or quasi-public structure. (5) Such signs shall be maintained free of peeling paint or paper, sun-fading, staining, rust or other conditions which impair the legibility, supporting structures, frames, braces, guys and anchors of such signs shall be maintained so as not to be unsafe or in a state of disrepair. (6) Such signs shall not be illuminated other than by approved electrical devices in accordance with Chapter 1422 “Electrical Code.” Underground wiring shall be required for any illuminated sign permitted under this section. Such signs shall not employ flashing, blinking or oscillating lights. Any lighting shall be directed away from adjacent properties, passing motorists and pedestrians. (c) No billboard shall be erected at any time when there are seventy-five or more billboard faces in the City. With Administrator approval, a sign owner choosing to remove a legally nonconforming billboard may transfer the billboard's square footage to a new billboard in another location in accordance with this section. (d) The City reserves all rights it is granted or permitted to regulate signs pursuant to the Highway Advertising Act of 1972, Public Act 106 of 1972, as amended, being MCL 252.301 et seq., and nothing in this subsection shall be interpreted or construed to in any way limit the ability of the City to regulate, restrict or limit the number and locations of billboards within the City pursuant to the Home Rule City Act, Public Act 279 of 1909, as amended, being MCL 117.1 et seq., and the Michigan Zoning Enabling Act (MZEA), Public Act 110 of 2006, as amended, being MCL 125.3101 et seq. (Ord. 10-2020. Passed 11-24-20; Ord. 03-2023. Passed 5-2-23.) 1263.11 SIGN ILLUMINATION. https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 7/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 25 of 27 Internally lit signs are not to exceed 100 watts or 1,600 lumens. This is to be measured from one foot away of the sign’s face, and at midpoint of the sign face. External lights shall have the source so obscure and shielded that no direct rays from it are visible from a public right-of-way or from an abutting property. (Ord. 10-2020.Passed 11-24-20.) 1263.12 MAINTENANCE. (a) Signs and sign structures must be well maintained with no signs of damage or wear. The sign structure and related pertinence need to be safe. If there are any defective parts, they need to be repaired or replaced, so the structure is not considered dangerous to public health. (b) Any sign structure left open with no sign or blank panel for over ninety days shall be considered abandoned. If the sign or blank panel is removed and the existing structure meets the current zoning regulations, it shall be replaced by another sign or blank panel within those ninety days, or it shall be considered abandoned pursuant to Section 1263.04(e). Any nonconforming sign that is abandoned is the responsibility of the owner and shall be removed by such owner. If the owner fails to comply, after receiving due notice, the Administrator may direct the sign to be removed and assess the costs of removal against the property owner as a special assessment for legally rendered City services, in accordance with Section 216.13 of the Administration Code. (c) Any billboard that is a nonconforming sign may be maintained and repaired so as to continue the useful life of the sign. However, under no circumstances may nonconforming billboards be expanded, enlarged or extended. Any nonconforming sign or sign structures substantially destroyed by fire, wind or other casualty shall not be restored or rebuilt. (Ord. 10-2020. Passed 11-24-20; Ord. 02-2022. Passed 2-15-22.) 1263.13 MANDATORY SIGN REMOVAL. (a) Emergency Conditions. Should the Administrator determine that a sign is so dangerous that it requires immediate removal, he or she shall attempt to provide the sign owner or property owner with a notice of the danger and the need for immediate abatement. Due to the emergency nature of the danger, if such notice is not possible due to the lack of knowledge as to the whereabouts of the sign owner or property owner, or should the sign or property owner not be available or refuse to immediately abate the nuisance, the Administrator shall abate such nuisance. The cost of the abatement, including a service fee of ten percent of the actual costs of such correction, shall become a lien against the property in accordance with Section 216.13 of the Administration Code. (b) Nuisance Abatement. Any other sign regulated by this charter that fails to comply with the provisions of this chapter but which does not require emergency action, shall also constitute a nuisance. The owner of such sign and the real estate upon which it is located shall be given written notice of thirty days by regular mail for the abatement thereof. If such abatement is not accomplished within the 30-day period, the Administrator shall abate the nuisance. The cost of such abatement, including a service fee of 10% of the actual cost of such abatement, shall become a lien against the property in accordance with Section 216.13 of the Administration Code. (c) Remedies Cumulative. The action of the Administrator to abate a nuisance under this section shall be in addition to the penalties described elsewhere in this Zoning Code. (d) Removal by Administrator. Notwithstanding any other provision in this Zoning Code, signs which are affixed in any manner to walls, fences, trees, posts, bridges, utility poles, street signs or traffic signs, or otherwise located in the public right of way may be removed by the Administrator and/or their assigns and may be destroyed without notice to the violator. 1263.14 ABATEMENT OF NONCONFORMING SIGNS; NOTICE. https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 8/9 11/7/23, 2:01 PM export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ The intent of this chapter is to abate nonconforming signs, except as otherwise specifically26 ofset 27 forth in this chapter, as rapidly as the police power of the City permits. After the enactment of this chapter, the Administrator or their designated agent shall, as soon as is practical, survey the City for signs which do not conform to the requirements of this chapter. Upon determining that a sign is nonconforming, the Administrator shall use reasonable efforts to notify the owner of the sign, in writing, by regular U.S. mail. (Ord. 10-2020.Passed 11-24-20.) 1263.15 PENALTY; EQUITABLE REMEDIES. (a) Unless otherwise specified, a person who violates or fails to comply with any of the provisions of this Zoning Code is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98. (b) A person who violates any of the provisions of this Zoning Code that causes an imminent threat to the public health or safety shall be subject to an Order to Correct setting forth a deadline to abate the violation. A person who fails, after receiving notice, to timely correct a condition that causes an imminent threat to the public health or safety is guilty of a misdemeanor and shall be subject to the penalty provided in Section 202.99. (c) A sign which is not erected or maintained in accordance with this chapter is deemed to be unlawful and a nuisance. Nothing in this section shall preclude or abrogate the availability to the City of any other remedy available at law or in equity to prevent or remedy a violation of any of the provisions of this Zoning Code. (Ord. 10-2020.Passed 11-24-20.) https://export.amlegal.com/api/export-requests/71cff10e-37a6-49f4-9e15-72715989302c/download/ 9/9