The Central Business District is characterized by a degree of density, height, scale, and diversity in the built environment, a concentration of historic and otherwise architecturally significant buildings and structures, and an intensity of vehicular and pedestrian traffic and activity that is unique within the City. The Central Business District also features continuous and extensive evolution in its built environment, through the development and redevelopment of new and existing buildings, structures, open spaces, and rights-of-way, such that the potential suitability of particular spaces for advertising signage over time is necessarily limited. As a result, in furtherance of the significant governmental interests set forth in Section 4-4-1 of this Code, the regulation of advertising signs in the Central Business District merits heightened standards and stricter requirements, as well as the ability to revise the implementation of such standards and requirements on a periodic basis, than might be necessary in other areas of the City. The purpose of this division is to set forth such standards and requirements for advertising in the Central Business District.
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 construct, erect, attach, affix, post, place, display, maintain, or alter any advertising sign located on a premises within the Central Business District without having first obtained an advertising permit from the Department, and maintaining such permit in good standing.
(b) During the amortization period set forth in Section 4-4-21 of this Code. Subsection (a) of this section shall not apply to any advertising sign located on a premises within the Central Business District that has, prior to the effective date of this ordinance, been issued a permit for such sign under Chapter 50, Zoning, of this Code, has not been abandoned or otherwise lost its nonconforming status, and is in full compliance with such permit.
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) An advertising permit issued under this division is valid for a term not to exceed ten years, commencing on the date of issuance of the first advertising permit issued under Subsection 4-4- 122(a) of this Code. Upon the conclusion of its term, an advertising permit shall automatically expire and become invalid, and the permittee or its agent shall immediately remove the advertising sign that is permissible under such permit, unless the permittee secures a new permit for the same sign for an immediately subsequent term or renewal of the permit as provided for in Subsection (b) of this Section.
(b) If, as of a date not less than 30 days following the application date established in Section 4-4-125(c) of this Code, the sum of (i) the number of all new applications for an advertising permit and (ii) the number of all existing valid advertising permits, is cumulatively less than the maximum number of permissible advertising permits as set forth in Sect. 4-4-125(d) of this Code, then an existing advertising permit issued under this division may be renewed. Renewal of an existing valid advertising permit shall be made by application in the form and in accordance with the procedures for an application of a new advertising permit set forth in this Code. Otherwise, no existing advertising permit may be renewed. Such determination shall be made separately for advertising permits for local and super advertising signs. However, even if an existing advertising permit is not renewable, nothing in this section shall prevent the advertising permittee for such permitted advertising sign to apply for a new advertising permit for the same type of advertising sign at the same location under the procedures set forth in this Code.
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) No permit may be issued by the Department for the construction and erection of a new advertising sign, or for the alteration of an existing advertising sign without satisfaction of each of the following findings:
(1) Finding by the Department of Public Works Traffic Engineering Division that the placement of the advertising sign on the premises will not impair the traffic safety of motorists and pedestrians;
(2) Finding by the Chief Financial Officer, based on an investigation to be completed in accordance with Section 2-113 of the Charter, that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is in arrears to the City for any unpaid, outstanding, or delinquent property tax, income tax, personal tax, or special assessments;
(3) Finding by the Department that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is the subject of any outstanding violations of this Code, including, but not limited to, violations of:
(i) Any provision of Chapter 8, Building Construction and Property Maintenance, including verification of a valid final certificate of occupancy and current certificate of compliance, and is not the subject of any outstanding fines or violations;
(ii) Any provision of Chapter 50, Zoning, of this Code, including verification that the specific land use for its intended location has been established by the City in the respective zoning district and, where the premises is governed by a zoning grant, has obtained a valid annual certification of maintenance of zoning grant conditions;
(4) Finding by the Department that the sign, as proposed, will be in compliance with all spacing, setback, height clearance, size, and other dimensional and operational standards set forth in this division:
(5) Finding by the Fire Marshall that the premises, including all buildings and structures thereon, are not in violation of any applicable provision of Article I of Chapter 18. Detroit Fire Prevention and Protection Code, and that the placement of the advertising sign on the premises will not cause any such violation; and
(6) Submission of copies of all permits and other approvals by any other federal, state, or local governmental agency that may be necessary for construction, erection, or operation of the sign, including, but not limited to, approval by the Michigan Department of Transportation or the Detroit Historic District Commission.
(b) If any department identified in Subsection (a) of this Section determines that an inspection of the premises is reasonably necessary in order to make the requisite findings, it shall cause an inspection to be made of the premises and shall document such inspection as part of its findings.
(c) Each department identified in Subsection (a) of this Section shall submit its findings in writing to the Department without undue delay.
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) Not more than 60 days after the effective date of this ordinance, the Director of the Department shall establish a transition period, the duration of which must not exceed two weeks, to enable and facilitate the efficient and effective transition to the regulations contained in this chapter. During this transition period, the owner of any premises located in the Central Business District to which a permit has been validly issued under Chapter 50, Zoning, of this Code to display advertising on the premises may, in its sole discretion, voluntarily and intentionally abandon such permit, and, upon submission of a complete application as set forth in Section 4-4-19 of this Code, shall be issued an advertising permit for such premises.
(b) Not more than 60 days after the effective date of this ordinance, the Director of the Department shall establish a date, to occur not less than two weeks following the conclusion of the transition period established under Subsection (a) of this section, on which the Department will commence accepting applications for advertising permits.
(1) The Department shall review and decide upon such applications in the order that they are received, until the applicable advertising permit cap identified in Subsection (d) of this section is satisfied.
(2) If an application is incomplete or otherwise deficient in any way, other than for a failure to provide copies of all permits and other approvals in accordance with Section 4-4-19(a)(12) of this Code, the Department shall notify the applicant of such deficiency and allow the applicant to correct such deficiency within a specified period of time, not to exceed 15 days. The Department shall deny any deficient petition that is not timely corrected.
(3) If an application is incomplete solely due to its failure to provide copies of all permits and other approvals in accordance with Section 4-4-19(a)(12) of this Code, the Department may conditionally approve the application, subject to the requirement that copies of all such approvals be submitted to the Department within 30 days following the date of such conditional approval. Upon the applicant’s satisfaction of such requirement, the Department may approve the application and issue an advertising permit. Upon the applicant’s failure of such requirement, the Department shall consider its conditional approval to have lapsed and shall deny such application. Nothing in this subsection shall be construed as obligating the Department to conditionally approve an application that it determines should otherwise be denied.
(4) The Department shall not approve any application that is submitted subsequent to the final application that, upon its approval, is permissible under the applicable advertising permit cap identified in Subsection (d) of this section. The Director of the Department may maintain a waitlist of such applications, and may consider such applications, in the order submitted, as additional advertising permits become available under the applicable cap for the remainder of the current term, as set forth in Section 4-4-123 of this Code. All applications placed on the waiting list shall be denied upon expiration of the current advertising permit term.
(c) Not more than nine years following the date established by the Director of the Department under Subsection (b) of this section, the Director shall establish a new application date for any subsequent advertising permit terms, and shall accept and review applications and issue permits for such term in the same manner as set forth in Subsection (b) of this section.
(d) The Department shall not allow more than 25 advertising permits for local advertising signs in compliance with Section 4-4-128(b) of this Code, and not more than 45 advertising permits for super advertising signs in compliance with Section 4-4-128(c) of this Code, as each category of advertising signs is described in Section 4-4-128 of this Code, to have been issued and remain valid at any one time.
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).
Any advertising permit issued under this division may be transferable to a new owner of the premises or advertising partner, but shall not be transferable to another premises, or to another location on the same premises.
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) No sign that is permitted under this division may be altered in any way. Any advertising permit for an advertising sign that has been altered is subject to immediate revocation by the Department.
(b) Subsection (a) of this section does not prohibit the periodic changing of the copy of a permitted sign from time to time.
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) Any advertising sign located on a premises in the Central Business District must comply with all applicable standards for either local advertising signs or super advertising signs, as set forth in this section, and shall be categorized as such.
(b) The standards applicable to any local advertising sign are as follows:
(1) Construction: Any local advertising sign must be constructed as either a wall sign or a painted sign.
(2) Number: Any premises may display not more than one local advertising sign, except for premises that display a super advertising sign, which may not display any local advertising sign.
(3) Area: The area of any local advertising sign must not exceed 80% of the area of the façade to which it is affixed, but in no case greater than 700 square feet if the sign is constructed as a wall sign, or 875 square feet if the sign is constructed as a painted sign.
(4) Height: Notwithstanding the limitations found in Section 4-4-45(d) of this Code, the height of any local advertising sign must not exceed 60 feet.
(5) Clearance: No local advertising sign is subject to any minimum clearance standard.
(6) Illumination: Any local advertising sign may be externally illuminated, but must not be internally illuminated, with the exception of advertising signs located in the Entertainment District, which may be illuminated in accordance with the standards set forth in Division 3, Subdivision B of this article.
(7) Dynamic operation: No local advertising sign may be dynamic, with the exception of advertising signs located in the Entertainment District, which may be dynamic in accordance with the standards set forth in Division 3, Subdivision B of this article.
(8) Location: No local advertising sign may be located within 200 feet, measured radially from any point of the sign, of any point of the shoreline of the Detroit River.
(c) The standards applicable to any super advertising sign are as follows:
(1) Construction: Any super advertising sign must be constructed as either a wall sign or a painted sign.
(2) Number: Any premises may display not more than one super advertising sign, except for premises that display a local advertising sign, which may not display any super advertising sign.
(3) Area: The area of any super advertising sign must be greater than 700 square feet and must not exceed 80% of the area of the façade to which it is affixed, but in no case more than 5,000 square feet if the sign is constructed as a wall sign or 6,250 square feet if the sign is constructed as a painted sign.
(4) Height: The height of any super advertising sign must not exceed the height of the roof line or parapet of the façade to which it is affixed.
(5) Clearance: The clearance of any super advertising sign must be no less than ten feet.
(6) Illumination: Any super advertising sign may be externally illuminated, but must not be internally illuminated, with the exception of advertising signs located in the Entertainment District, which may be illuminated in accordance with the standards set forth in Division 3, Subdivision B of this article.
(7) Dynamic operation: No super advertising sign may be dynamic, with the exception of advertising signs located in the Entertainment District, which may be dynamic in accordance with the standards set forth in Division 3, Subdivision B of this article.
(8) Location: No super advertising sign may be located within 200 feet, measured radially from any point of the sign, of any point of the shoreline of the Detroit River.
(d) Any sign that is in compliance with all applicable standards set forth in Subsection (b) of this section for either local advertising signs or super advertising signs shall be categorized as such. Any sign that is not in compliance with all applicable standards for either local or super advertising signs is impermissible.
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) In acknowledgment that:
(1) The City has a significant governmental interest in protecting its aesthetic values and in mitigating instances of visual blight;
(2) Signs, by their very nature, wherever located and however constructed, can be perceived as an aesthetic harm through their imposition of negative visual aesthetics;
(3) Because of the Central Business District’s role as the City’s primary hub of activity, the aesthetic harm created by signs in the Central Business District is imposed on all businesses and individuals who may live, work, do business, recreate, or visit therein, or travel through the Central Business District, and compromises their overall aesthetic experience of the City on a citywide basis;
(4) The magnitude of any given sign’s negative visual aesthetics can depend on various dimensional and operational parameters, such as its area, construction, illumination, and dynamic operation, that serve to increase its visibility;
(5) The magnitude of a sign’s negative visual aesthetics can also depend on its location proximate to certain properties, such as schools, outdoor recreation facilities, historic districts, freeways, and residential properties, that are particularly sensitive to such negative visual aesthetics;
(6) The negative visual aesthetics of a sign can, based on such dimensional and operational parameters, become so great as to outweigh any positive consequences that the sign might provide, including the facilitation of protected speech and the promotion of local commerce; and
(7) The City may, through the exercise of its legitimate police powers in furtherance of its significant governmental interests, mitigate the particularly negative visual aesthetics of the most visually impactful signs without compromising the positive consequences of such signs by promotion, construction, and maintenance of elements that serve to improve visual aesthetics to a proportionate degree, including the public display of art murals and other forms of public art;
(b) The Department is authorized to evaluate each application for a permit for a super advertising sign and determine whether such proposed sign will, based on the following criteria, impose negative visual aesthetics of such magnitude that mitigation through the display of one or more art murals and other public art may reasonably be necessary. The Department shall make any such determination based on its evaluation of each of the following criteria:
(1) The construction of a sign, whereby a wall sign is deemed to have negative visual aesthetics of greater magnitude than a painted sign;
(2) The area of the sign, whereby a larger sign is deemed to have negative visual aesthetics of greater magnitude than a smaller sign;
(3) The height of the sign, whereby a taller sign is deemed to have negative visual aesthetics of greater magnitude than a shorter sign;
(4) The illumination of the sign, whereby an internally illuminated sign is deemed to have negative visual aesthetics of greater magnitude than an externally illuminated sign;
(5) The dynamic operation of the sign, whereby a dynamic sign is deemed to have negative visual aesthetics of a greater magnitude than a static sign;
(6) The proximity of the sign to a property containing a school, educational institution, or park, playground, or other outdoor recreation facility, whereby a sign that is located adjacent to and oriented towards any such property is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;
(7) The proximity of the sign to a historic district identified in Chapter 21, History, of this Code, whereby a sign located in a historic district or adjacent to and oriented towards a historic district is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;
(8) The proximity of the sign to a freeway or interchange ramp between freeways, whereby a sign located adjacent to and oriented towards a freeway or interchange ramp is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;
(9) The proximity of the sign to a property containing one or more residential dwelling units, whereby a sign located adjacent to and oriented towards any such property is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not; and
(10) Any other dimensional, operational, or locational characteristic of the sign, other than the possible copy of such sign, that could foreseeably impact the magnitude of the sign’s negative visual aesthetics.
For every application for a permit for a super advertising sign, the Department shall document in writing its evaluation of each of the criteria listed in this Subsection and its determination as to the need for mitigation of the sign’s negative visual aesthetics, if any. The Department shall make such documentation available to the applicant upon request.
(c) Upon its determination that mitigation of the negative visual aesthetics imposed by a proposed super advertising sign for which a permit is applied will be necessary, the Department may request payment of a monetary contribution by the applicant, in an amount to be determined by the Department in accordance with the limitations set forth in this section, as a prerequisite to issuance of a permit for such sign. Such contribution need not be submitted prior to the Department’s evaluation of the application for a super advertising sign permit, but must be submitted prior to the Department’s issuance of such permit.
(d) The Department may make any determination pursuant to its authority established in Subsections (a) and (b) of this section in consultation with the City’s Director of Arts and Culture, and the director of any department or agency that it may desire, or any such director’s designee.
(e) To ensure a reasonable nexus between the proposed super advertising sign’s negative visual aesthetics and the City’s mitigation thereof, the Office of the Chief Financial Officer shall establish a special purpose account, to be known as the “Detroit Public Art Fund”, for contributions made pursuant to Subsection (b) of this section. The Department shall deposit all such funds directly into such account promptly upon receipt. The City’s Office of Arts and Culture shall have authority to make any disbursements from such account and all such disbursements shall be solely for purposes of the commission, construction, siting, display, and maintenance of art murals and other public art that is fairly anticipated to improve overall visual aesthetics in the City, and no funds in any amount may be disbursed from such account for any other purpose, including any expenses of the City in administering such account or other general operations, except if reimbursement of such funds shall be made in accordance with Subsection (g) of this section.
(f) To ensure rough proportionality between the proposed super advertising sign’s negative visual aesthetics and the City's mitigation thereof, the contribution associated with any sign shall not exceed an amount equal to the greater of:
(1) An amount, equal to two dollars if the super advertising sign is proposed to be internally illuminated, one dollar if the super advertising sign is proposed to be a wall sign, and 80 cents if the super advertising sign is proposed to be a painted sign, for each square foot of the proposed super advertising sign, for each year of the term of the permit for which application is made; or
(2) An amount equal to the expected cost, as the Department may reasonably determine, for the commission and installation of an art mural of an area equal to (i) 200% of the area of the proposed super advertising sign if such sign is proposed to be internally illuminated, (ii) the area of the proposed super advertising sign if such sign is proposed to be constructed as a wall sign, or (iii) 80% of the area of the proposed super advertising sign if such sign is proposed to be constructed as a painted sign, as well as the cost of the maintenance thereof for a period equal to the term of the super advertising permit for which application is made.
(g) The Department shall cause all contributions made pursuant to this section for the purpose of mitigating the aesthetic harm of any super advertising sign to be disbursed for a purpose allowed by this section no later than the termination date of the permit for such sign.
(h) If the Department denies an application for a super advertising sign permit for which a contribution has been made, the Department shall refund such contribution to the applicant. If a permit for a super advertising sign has been issued and a contribution for such sign has been made, and such permit has been revoked in accordance with Section 4-4-127 of this Code prior to the completion of its term, no refund of such contribution may be made.
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).
Adjustment or waiver under Section 4-4-22 of this Code of the dimensional standards set forth in this division is prohibited.
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).