For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Advertising sign means a sign containing a commercial message that is intended to direct attention to a business, profession, commodity, service, or entertainment, that is conducted, sold, or offered elsewhere than on the premises where the sign is located or that is only incidentally conducted, sold, or offered on the premises where the sign is located.
Advertisement-sensitive property means a premises that is occupied by or used as any of the following:
(1) A child-care home and center, which has the meaning as likewise defined in Section 50-16-152 of this Code;
(2) A child-caring institution, which has the meaning as likewise defined in Section 50-16-152 of this Code;
(3) A juvenile detention or correctional facility, which means a county facility or institution operated as an agency of the county or the juvenile division of the probate court, or a state institution or agency described in the Michigan Youth Rehabilitation Services Act, being MCL 803.301 et seq., to which a minor has been committed or in which a minor is detained;
(4) A library, which means any designated public depository of books, periodicals, public and/or historical records, or other reference materials within the City that is created pursuant to Article VIII, Section 9, of the 1963 Michigan Constitution, and is operated pursuant to Section 12 of the Michigan District Library establishment Act, being MCL 397.182;
(5) A park, which means land that is improved or intended to be improved for active or passive recreational uses, or is preserved as open space, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;
(6) A playfield, which means land that is designed for major field sports, such as baseball, football, soccer, tennis, or softball, and which requires more area than is available on a playground, is so designated, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;
(7) A playground, which means land that is designed and maintained primarily for the recreational use of children aged up to 14 years, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;
(8) A playlot, which means land that is designed and maintained primarily for the recreational use of small children aged up to eight years and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;
(9) A recreation center, which means a facility that is created primarily to benefit minors through the use of organized educational, social, or recreational activities and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;
(10) A school, which means the buildings, grounds, and other facilities of any public, charter, parochial, or private educational institution that has as its primary purpose the education and instruction of children at the elementary, middle, junior, and senior high school levels; and
(11) A youth activity center, which has the meaning as likewise defined in Section 50-16-462 of this Code.
Alcoholic liquor means any spirituous, vinous, malt, or fermented liquor, liquids, or compounds, whether or not medicated, proprietary, patented, or any other designation, that contain one-half of one percent or more of alcohol by volume, are fit for use as a beverage, and are defined and classified by the Michigan Liquor Control Commission according to alcoholic content as being beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink, or mixed spirit drink.
Animated sign means a type of dynamic sign in which the copy of the sign depicts motion or automatically changes copy more frequently than once every eight seconds.
Arcade sign means a sign that is suspended underneath an awning, canopy, marquee, overhang, or other element of a building or structure that forms a covered passageway for vehicles or pedestrians.
Architectural feature means a part, portion, or projection, other than a sign, of a building or structure that contributes to its beauty, elegance, or architectural style, including, but not limited to: arches, architectural grillwork, balconies, brackets, columns, corbels, cornices, dentils, doors, iambs, lintels, masonry relief, medallions, moldings, pediments, pilasters, quoins, sills, window rails, and windows, including glazings and surrounds, but does not include open spaces or other voids in any façade of a multi-level parking structure.
Art mural means any image that is painted, projected, drawn, tiled, or similarly applied to a building exterior, or to a material that will be mounted to the building exterior, for artistic purposes, and does not contain any other type of commercial message. An art mural does not constitute either an advertising sign or a business sign.
Awning sign means a sign that is affixed to an awning or canopy. For purposes of this definition, an awning or canopy is a structure consisting of cloth, plastic, sheet metal or similar lightweight covering over a structural framework that is affixed to a building and projects therefrom, whether cantilevered from such building or supported by columns at additional points, but is not a marquee.
Building frontage means the portion of the building’s façade that is visible as perpendicularly projected along any public street or private street that is publicly accessible.
Business sign means a sign containing a commercial message that is intended to direct attention to a principal business or principal commodity, service, or entertainment that is conducted, sold, or offered on the premises on which the sign is located, or if the sign is located in the right-of-way then on the premises adjacent to the location of the sign, at a scale and intensity that is reasonably proportional to the degree of physical presence or economic activity of the business, commodity, service, or entertainment at such premises. Identification signs and sponsorship signs are types of business signs.
Central Business District means the portion of the City within the area bounded by the Detroit River, and the center lines of Brooklyn Avenue (extended), West Jefferson Avenue, Eighth Street, West Fort Street, Brooklyn Avenue, Porter Street, John C. Lodge Freeway (M-10), Fisher Freeway (1-75), Third Street, West Grand River, Temple Avenue, Fourth Street, Charlotte Street, Woodward Avenue, Fisher Freeway (1-75), Chrysler Freeway (1-375), East Jefferson Avenue, Rivard Street, Atwater Street, and Riopelle Street extended to the Detroit River.
Copy means the graphic or textual content or message displayed by a sign.
Commercial message means speech that, wholly or in part, is intended to propose a commercial transaction regarding a business, profession, commodity, service, or entertainment that is conducted, sold, or offered in any location, whether on the same premises as where the message is offered or elsewhere.
Department means the Buildings, Safety Engineering, and Environmental Department of the City of Detroit, unless otherwise expressly stated in this chapter.
Directional sign means a sign that is intended to identify points of ingress or egress on the premises, orient pedestrians and vehicles within the premises, direct the flow of pedestrian or vehicular traffic throughout and around the premises, or identify particular neighborhoods, communities, or other identifiable areas of the City, and is not an advertising or a business sign.
Double-face sign means a sign with two sign faces, both of which are used as signs, for which the least angle of intersection between the sign faces does not exceed 45 degrees.
Dynamic sign means any sign that features the ability, whether through digital or other technological means, to automatically change the sign copy, at any frequency, without the need to manually remove and replace the sign face or its copy. An animated sign is a type of dynamic sign.
Established grade of a sign means the elevation of the grade of the premises, measured underneath, at the base of, or in the immediate vicinity of, the sign, as established by the City.
Externally illuminated sign means a type of illuminated sign that is illuminated by reflection from a source of artificial light that is not contained within the sign itself.
Freeway means as defined in Section 2 of the Michigan Highway Advertising Act of 1972, being MCL 252.302(n).
Freeway-adjacent area means the area measured from the edge of the right-ofway of a freeway and extending 3,000 feet perpendicularly and then along a line parallel to the right-of-way line.
Freeway advertising sign means an advertising sign located in a freeway adjacent area, the sign face of which is oriented toward and visible from the freeway.
Graffiti means unauthorized drawings, lettering, illustrations, or other graphic markings on the exterior of a building, premises, or structure that are intended to deface or mark the appearance of the building, premises, or structure.
Ground sign means a sign that is freestanding and is supported by one or more structural uprights, poles, braces, frames, or solid foundations that rest in or upon the ground. Monument signs and pole signs are types of ground signs.
Heritage sign means an unilluminated painted sign that is either an advertising sign or business sign, has been obsolete for a period of at least 50 years, and is registered with the Department as such.
High-density commercial/industrial sign district means the portions of the City that are designated in the Master Plan of Policies as major commercial (CM), special commercial (CS), light industrial (IL), general industrial (IG), distribution/port industrial (IDP), or airport (AP) as well as the entire portion of the City located within the Central Business District regardless of Master Plan of Policies designation therein.
High-density residential/mixed use sign district means the portions of the City that are located outside of the Central Business District, and are designated in the Master Plan of Policies as medium-density residential (RM), high-density residential (RH), neighborhood commercial (CN), or mixed residential-commercial (MRC).
Hospital means a facility primarily engaged in providing, by or under the supervision of physicians, medical services that includes inpatient acute care services, to injured, disabled, or sick persons.
Identification sign means a type of business sign that is intended solely to identify either a principal business or profession that is conducted on and physically occupies the premises where the sign is located, or the name and street number of a building or structure on the premises.
Illuminated sign means a sign for which an artificial source of light is used in order to make readable the sign’s copy. Illuminated signs are either internally illuminated or externally illuminated.
Internally illuminated sign means a type of illuminated sign that is illuminated by direct emission from a source of artificial light that is contained within the sign itself, including signs that emit light through a transparent or translucent material component of the sign or any sign for which the sign face is substantially composed of luminescent material.
Low-density commercial/institutional sign district means the portions of the City that are located outside the Central Business District and are designated in the Master Plan of Policies as mixed-town centers (MTC), institutional (INST), thoroughfare commercial (CT), retail centers (CRC), or mixed residential-industrial (MRI).
Low-density residential sign district means the portions of the City that are located outside of the Central Business District and are designated in the Master Plan of Policies as low-density residential (RL) or low/medium-density residential (RLM).
Marquee sign means a sign that is affixed to and supported by a marquee. For the purposes of this definition, a marquee is a permanent roof-like shelter that is constructed of wood, steel, glass, or other durable materials, is supported by and extends from a building façade, and is cantilevered without support at additional points over a point of ingress and egress to the building. Marquee signs are distinct from awning signs, projecting signs, and wall signs.
Master Plan of Policies means the current version of the Master Plan of Policies for the City as adopted under authority of the Michigan Planning Enabling Act. MCL 125.3801 et seq. and Section 8-101 of the Charter.
Mechanical sign means a sign that features automated mechanical rotation, revolution, waving, flapping, or other physical movement of the sign or any of its components without causing a change to the sign’s copy.
Minor means an individual under 18 years of age.
Monument sign means a type of ground sign that is supported primarily by an internal structural framework concealed in an opaque covering or solid structural foundation, with no air space between the ground and the sign face.
Motion means the depiction of movement or change of position of copy and includes, but is not limited to, dissolving or fading text or images; travelling or running text or images; sequential text; graphic bursts; lighting that resembles zooming, twinkling or sparkling; changes in light or color; transitory bursts of light intensity; moving patterns or bands of light; expanding or contracting shapes; or any similar visual effects.
Multi-building campus means a premises that contains multiple buildings, structures, or other facilities that are interconnected by a series of private roads, pathways, open spaces, or other internal networks, all of which are utilized for a single common purpose, such as multi-building universities, hospitals, or cultural institutions.
Multiple-face sign means a sign with three or more sign faces.
Obsolete sign means a sign that is intended to direct attention to a business, profession, commodity, service, or entertainment that is no longer conducted, sold, offered, or otherwise available for purchase or patronage.
Orientation means, for any sign face, wall, façade, or other two-dimensional vertical surface, the direction of a horizontal projection of the line that is perpendicular to such surface.
Owner of the premises means with respect to a premises, building, or structure, any individual or entity that has legal or equitable title or other interest, whether in whole or in part, to the premises, building, or structure, respectively, but does not include such individual’s or entities’ affiliates, subsidiaries, members, partners, or shareholders. Any premises, building, or structure can have one or multiple owners.
Painted sign means a sign that is painted upon a wall or other exterior surface of a building or structure and is not an art mural.
Permit means a permit issued by the Department for the construction or erection of a new sign, or the alteration of an existing sign, under the authority provided in Chapter 8 of this Code, Building Construction and Property Maintenance, unless otherwise expressly stated in this chapter.
Pole sign means a type of ground sign that is supported by one or more exposed uprights, poles, or braces that rest in or upon the ground, with air space between the ground and the sign face.
Portable sign means a sign that is designed to be moved easily and that rests upon, but is not permanently affixed to the ground.
Premises means a parcel, or collection of parcels, and adjoining property that are generally under common ownership, whether publicly or privately owned, constituting a single building, structure, or development, including private streets, pathways, and other open spaces, but excluding public rights-of-way. Premises frontage means the sum of the length of all lot lines of the premises abutting any public street or private street that is publicly accessible.
Projecting sign means a sign that is affixed to and supported by any exterior wall or parapet of a building or structure and projects outward from such wall or parapet with the orientation of the sign face or faces being in a direction that is approximately perpendicular to the orientation of the façade of the wall or parapet. Projecting signs are distinct from marquee signs.
Public art means an outdoor art mural, sculpture, or other permanent or semi-permanent installation that is constructed and maintained for artistic purposes and intended to be visible to or accessible by the general public, and does not contain any type of commercial message.
Raceway sign means a type of wall sign in which individual letters, graphics, and other copy elements are separate structural components that are connected by a common component, referred to as a raceway, that provides structural support for, and electrical or mechanical operation of the sign.
Recreation/open space sign district means the portions of the City that are located outside of the Central Business District and are designated in the Master Plan of Policies as regional parks (PR), recreation (PRC), private marinas (PMR), or cemetery (CEM).
Roof line means the uppermost line of the roof of a building or, in the case of an extended façade or parapet, the uppermost point of said façade or parapet.
Roof sign means a sign that is affixed to and supported by the roof of a building or structure, the height of which extends above the highest point of the roofline of the building or structure.
Sign means any structure containing a visual display, or painted or projected image, that is oriented toward and visible from any public or private right-of-way or public property and is intended to announce, identify, inform, or direct attention. A sign can be located on the exterior of a building or other structure, or in the interior of a building if within three feet of the building’s perimeter and visible from the building’s exterior.
Sign alteration means a change of the size, shape, area, height, location, illumination, dynamic operation, construction, fabrication, material, or any other operational, construction-related, or dimensional parameter of an existing sign. Neither the maintenance of a sign within its existing operational, construction related, and dimensional parameters, nor a change or replacement of the sign’s copy, without any other change to the sign, constitutes a sign alteration.
Sign area means the area of the sign face of a sign, expressed in terms of square feet.
Sign clearance means the elevation of the lowest point of the sign above the established grade of the sign.
Sign face means the surface of a sign upon which the copy of the sign is displayed.
Sign height means the elevation of the highest point of the sign, including its frame and support structure, above the established grade of the sign.
Sponsor means an individual or entity that has pledged its long-term support, whether financial or in-kind, in a written agreement for a term of not less than 24 consecutive months to:
(1) The premises on which the sign is located;
(2) A defined portion of the premises on which the sign is located; or
(3) A principal commodity, service, activity, or entertainment sold or offered at the premises on which the sign is located.
Whether or not such individual or entity conducts, sells, or offers its business, profession, commodity, service, or entertainment on the premises where the sign is located.
Sponsorship sign means a type of business sign that is intended to identify a sponsor of the premises, defined portion of the premises, or principal commodity, activity, or entertainment sold or offered at the premises, where the sign is located.
Temporary sign means a type of business sign that is intended to be displayed for a limited period of time.
Tobacco product means any cigarette, cigar, non-cigarette smoking tobacco, or smokeless tobacco as defined in Section 2 of the Michigan Tobacco Products Tax Acts, being MCL 205.422.
Wall sign means a sign that is affixed to and supported by, or painted or projected upon, the exterior wall or parapet of a building or structure, with the orientation of the sign face oriented in a direction that is approximately parallel to the orientation of the façade of the wall or parapet. Painted signs and raceway signs are types of wall signs. Wall signs are distinct from marquee signs.
Window sign means a sign that is:
(1) Affixed to, or painted on, the surface of an exterior window of a building or structure, and that does not completely cover or conceal the window: or
(2) Located in the interior of a building or structure within three feet of its perimeter, and is oriented toward, and is visible from, the exterior of the building or structure.
Wrapped sign means a sign containing a single sign face that covers portions of two or more adjacent façades of a building or structure by way of wrapping around the corners or edges along which such façades abut.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
(a) It shall be unlawful for any person to violate any provision of this article or to aid and abet another to violate such provision.
(b) Any person who violates this article, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this chapter, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
This article shall be enforced by the Police Department.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
It shall be unlawful for any person to affix, fasten, post, paint, or otherwise place any advertising sign, advertising material, or other commercial message of any kind upon any public or private property, or cause or authorize the same to be done, without the authorization of the owner thereof, or its agent, provided that this section shall not apply to a public officer or employee in the performance of a public duty or a private person giving a legal notice.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
It shall be unlawful for any person to carry or place on any freeway overpass any advertising sign, advertising material, or other commercial message that would be oriented toward and visible to the occupants of vehicles on such freeway.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
(a) It shall be unlawful for any person, with intent to solicit, promote, sell, lease, loan, or otherwise dispose of any event, commodity, service, security, real or personal property, or any other thing of value, to circulate, disseminate, publish, or broadcast, or otherwise place or distribute, or to cause the same, any advertising sign, advertising material, or other commercial message, whether printed or otherwise recorded, concerning such thing of value that contains any assertion, representation, claim, offer, or statement of fact that is knowingly false, deceptive, misleading, or otherwise calculated to cause injury or other disadvantage to its audience or any member thereof.
(b) Subsection (a) of this section does not apply to any owner, publisher, printer, agent, or employee of a newspaper, periodical, circular, radio or television station, or website who, in good faith and without knowledge of the false, deceptive, or misleading character thereof, publishes, causes to be published, or takes part in the publication of such advertising material.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
With respect to the placement or distribution of any advertising sign, advertising material, or other commercial message that violates any provision of this chapter, a rebuttable presumption exists that the placement or distribution of such material is made with the consent of the promoter of the business, profession, commodity, service, or event that is the subject of the promotion by the material, regardless of its form.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).