(a) The sign regulations of this article are set forth in lieu of those regulations contained in Appendix H of the 2015 Michigan Building Code, under authority of Section H101.1.1.
(b) The sign regulations of this article are intended to balance public and private interests. The purpose of this article is to provide for a safe, well-maintained, vibrant, and attractive City, while accommodating the protected rights of individuals and entities to inform, direct, identify, advertise, advocate, promote, endorse, and otherwise communicate information through signs, among multiple alternative channels for communication. The regulations contained in this article are narrowly tailored to serve multiple significant governmental interests, including those listed in this section. In furtherance of these significant governmental interests, this article regulates various structural and dimensional standards of signs, including their construction, material, area, height, projection, illumination, location, and spacing, as well as their use and operation in specified locations, but does not regulate the message, content, or communicative aspect of signs, or distinguish between commercial and noncommercial speech.
(1) General protection of public welfare: To ensure that signs are located, designed, constructed, installed, maintained, and operated so as to protect and preserve the public peace, health, safety, and welfare of the people of the City;
(2) Public safety: To protect public health and safety by prohibiting signs that are structurally unsafe or poorly maintained, or that cause unsafe traffic conditions for nearby pedestrians, motorists, and properties. Signs that are poorly maintained or are otherwise structurally unsound pose physical dangers to the surrounding area and its occupants. Signs, through excessive number, size, illumination, or dynamic operation can create unsafe distractions. Signs can be confused with traffic signals, create unwarranted distractions, impede clear roadway sightlines, or otherwise create unsafe conditions for motorists, bicyclists, pedestrians, and others traveling along the public right-of-way. Signs that overly impact or encroach into public spaces through inappropriate sizing, projection, elevation, or illumination, among other aspects of their construction or operation, can impede the safe circulation of pedestrians, including their safe ingress and egress from buildings and other structures;
(3) Neighborhood aesthetics and environment: To protect aesthetic values of the City’s neighborhoods and natural environments. The City’s neighborhoods are characterized by their unique residential, commercial, and industrial uses, their architectural themes, and their historic legacies. Signs that do not comport with such unique characteristics can significantly impair the surrounding neighborhood’s aesthetic value. Moreover, many of the City’s neighborhoods contain outdoor public recreational spaces and natural environments. Signs that overly encroach upon such spaces through their construction or operation can significantly impede access to public outdoor recreation opportunities and undermine protection of the natural environment;
(4) Facilitation of protected, speech: To facilitate the conveyance of constitutionally protected speech through the use of signs as a means of communication;
(5) Reduction of conflict: To reduce the potential for conflict among signs, buildings, and other structures that seek to occupy, utilize, or access limited light, air, and open space resources. Signs that are excessive in size, scale, or intensity can interfere with other signs, thereby impairing their communicative value. Such signs can also interfere with neighboring buildings’ access to air and natural light, and can interfere with their safe operation and the activities of their occupants; and
(6) Business identification and promotion of local commerce: To facilitate the identification of businesses and to promote local commerce at such places of business. Signs that effectively identify the presence of local businesses and that generally promote the products and services provided by such businesses can facilitate commercial activity and stimulate economic development. Additionally, wayfinding and other directional signage can facilitate the efficient flow of vehicular, bicycle, and pedestrian traffic. Conversely, signs that are excessive in size, scale, or intensity, or that conflict with each other or their surroundings, can impede such business identification and hinder local economic activity.
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 accordance with Section 41(4) of the Michigan Home Rule City Act, being MCL 117.41(4), and Sections 1-1-9(a)(3) and 3-2-1 of this Code, a violation of this article is deemed to be a blight violation.
(b) Any person who violates any section of this article may be issued a blight violation notice pursuant to Chapter 3 of this Code, Administrative Hearings and Enforcement, and Administrative Appeals, for each day that the violation continues.
(c) In accordance with Chapter 3 of this Code, Administrative Hearings and Enforcement and Administrative Appeals, any person who admits responsibility or is found to be responsible, through a blight violation determination, for a violation of this article shall be subject to a civil fine.
(d) Civil fines for any violation of this article shall be as follows:
(1) Business signs:
a. For any first offense: $400
b. For any second offense: $800
c. For any offense subsequent to a second offense: $2000
(2) Advertising signs:
a. For any first offense: $600
b. For any second offense: $1200
c. For any offense subsequent to a second offense: $3000
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 Buildings, Safety Engineering, and Environmental 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).
In order to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message, any sign that is allowed under this Article may contain, in lieu of any other message, any otherwise lawful noncommercial message that does not contain a commercial message and that does not direct attention to a business, profession, commodity, service, or entertainment.
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) The area of a sign is computed as follows:
(1) In general, the area of a sign is the entire area of a square, rectangle, or other regular geometric figure that reasonably contains the entire sign face and all of the sign’s copy. Blank spaces between individual figures, letters, words, graphics, and other elements of a sign’s copy are included in the computation of the sign’s area. If a sign is enclosed in a frame or case, the area of the sign includes the area of the frame or case.
(2) The area of a double-face sign is the area of the largest of the sign’s two faces.
(3) The area of a multiple-face sign is the sum of the areas of each sign face of the sign.
(4) The area of a painted sign includes the area of any background colors that are different from the color of the façade on which the sign is painted, if any.
(b) The height of a sign is computed as the difference in vertical elevation between the highest point of the sign, including its frame and support structure, and the established grade of the sign.
(c) The clearance of a sign is computed as follows:
(1) In general, the clearance of a sign is computed as the difference in vertical elevation between the lowest point of the sign, including its frame and support structure, if any, and the established grade of the sign.
(2) The clearance of a ground sign is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame, but excluding its pole, monument, or other support structure, and the established grade of the sign.
(3) The clearance of a sign under which vehicular or pedestrian passage is possible, such as arcade signs and projecting signs, is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame and support structure, if any, under which clear passage is possible, and the established grade underneath the sign.
(4) The clearance of a sign that is affixed to and supported by a building or other structure, such as wall signs and projecting signs, is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame and support structure, if any, but excluding the building or structure to which the sign is affixed and supported, and the established grade of the sign.
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).
Unless expressly specified otherwise, for the purposes of this article, spacing is computed either radially or linearly.
(1) Radial spacing between two points is computed as the length of the shortest straight line connecting the perimeters of the premises at which each point is respectively located, drawn without regard to any property lines, rights-of-way, or other features, whether natural or constructed, that such line may cross.
(2) Linear spacing between two points is computed as the length of the shortest line connecting the perimeters of each premises at which each point is respectively located, following the centerline of the right-of-way connecting each premises, without regard, unless expressly stated, to the side of the right-of-way on which each such premises may be located.
(3) Notwithstanding Subsection (2) of this section, linear spacing between two advertising signs that are both (i) located within 3,000 feet of any point along the edge of the right-of-way of a freeway, and (ii) oriented towards and visible from the traveled roadway of such freeway is computed as the length of the shortest line connecting the perimeters of the premises at which each sign is respectively located, as such premises are projected perpendicularly on the edge of the right-of-way of the freeway, following the centerline of the right-of-way of the freeway, without regard to the side of the freeway on which each such premises may be located.
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) The following signs are prohibited City-wide, unless expressly allowed in this chapter:
(1) Signs that substantially cover or conceal any architectural feature of a building;
(2) Wrapped signs operated as advertising signs;
(3) Signs that are illuminated by or otherwise equipped with a strobe or flashing light, whether internal or external to the sign;
(4) Signs that are affixed to, painted on, or otherwise supported by any rock, tree, or other natural feature;
(5) Signs that are affixed to, painted on, or otherwise supported by a fence or screening wall;
(6) Any dynamic sign that is located on or otherwise affixed to a currently registered motor vehicle: or
(7) Signs that produce sound; that cause interference with radio, telephone, television, or other communication transmissions; that produce or reflect motion pictures, except where authorized as animated signs; or that emit visible smoke, vapors, particles, or odors.
(b) The prohibitions set forth in subsection (a) of this Section are subject to waiver under Section 4-4-22 of 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).
Notwithstanding the permit for installation required pursuant to Section 8-2-5 of this Code, the following are not subject to the requirements of this article:
(1) Any display that is painted on or otherwise affixed to a currently registered motor vehicle that is used for transportation purposes in the normal course of operation of a business or other establishment;
(2) Window displays of actual merchandise for sale;
(3) Displays that are carried on or by a person;
(4) Any notice alerting the public of the presence of an alarm, security, or surveillance system;
(5) Any notice warning against trespassing, soliciting, or other interference with the property owner’s enjoyment of such owner’s property;
(6) Alerts, announcements, warning, or other notices as may be required by applicable federal, state or local law for protection of the public peace, health, safety, and welfare;
(7) Building numbers that are not more than 12 inches in height and are displayed in accordance with Section 43-2-12 of this Code;
(8) Public service announcements promoting the protection of the public peace, health, safety, and welfare;
(9) Displays of official governmental, court, or public agency orders or notices;
(10) Displays of the flags, emblems, or official insignia of a national, state, or local political unit or any of its departments or agencies;
(11) Art murals;
(12) Heritage signs;
(13) Architectural and other lighting that is operated in accordance with the lighting standards set forth in this Code; and
(14) Any sign erected by a federal, state, or local governmental agency or authority.
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).
All signs must be maintained in good repair and clear of debris. Any sign that is not maintained in good repair shall be adequately repaired, replaced, or removed, along with its frame and supporting structure. A sign shall be considered to be not in good repair if the sign is:
(1) Weathered or faded;
(2) Ripped, torn, cut, cracked, tattered, or similarly damaged;
(3) Defaced or otherwise marked with graffiti;
(4) Insecurely or inadequately affixed or anchored to the wall, parapet, roof, marquee, awning, or ground to which it is attached or placed;
(5) Supported by one or more poles, pylons, bracings, rods, supporting frameworks, foundations, anchorages, or other supports, that are broken, damaged, or otherwise unsound or of inadequate capacity;
(6) Cracked or peeled, if painted; or
(7) Inoperative, broken, or otherwise damaged, if illuminated, dynamic, mechanical, or otherwise electrified.
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 sign that constitutes an obsolete sign for at least 30 consecutive days, or any temporary sign that constitutes an obsolete sign for at least seven consecutive days, may be presumed by the City to have been abandoned, and shall, along with its framework and supporting structure, be removed by the owner of the premises on which the sign is located, or its agent, upon issuance by the Department of a correction notice to remove such sign. The presumption of abandonment may be overcome upon showing that the sign does not in fact constitute an obsolete sign and proof that the owner of the premises does not intend for the sign to constitute an obsolete sign.
(b) An obsolete painted sign may be considered to be removed if it is removed so as to expose the underlying unpainted surface or is completely painted over.
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 sign, along with its frame and supporting structure, located on a premises that contains a building or structure that constitutes a vacant building, as defined in Section 8-15-9 of this Code, shall be removed by the owner of the premises on which the sign is located, or its agent, within 30 days upon issuance by the Department of a correction notice to remove such sign. Enforcement of this section shall be in accordance with the authority granted under Section 8-15-45 of this Code.
(b) The Department shall issue a blight violation under any of the following circumstances:
(1) If the owner fails to cure the violation within the applicable cure period after service of a correction notice; or
(2) When the owner disputes a violation identified on a correction notice; and
(3) When, in the Department’s exercise of judgment and discretion pursuant to rules adopted by the Department, the violation is of such a nature as to be substantially serious, chronic, or willful.
(c) To the extent that a building, structure, or tenant space within a building or structure that is unoccupied, secured, legally permitted, and actively being marketed for occupancy does not constitute a vacant building and is not subject to Subsection (a) of this section.
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) All poles, pylons, bracing, rods, supporting frameworks, foundations, anchorages, or other supports, including all associated electrical wiring, that does not actually support a legal sign face, shall be removed by the owner of the premises, or its agent, within 30 days of issuance by the Department of a correction notice to remove such supports.
(b) The Department shall issue a blight violation under the following circumstances:
(1) If the owner fails to cure the violation within the applicable cure period after service of a correction notice; or
(2) When the owner disputes a violation identified on a correction notice; and
(3) When, in the Department’s exercise of judgment and discretion pursuant to rules adopted by the Department, the violation is of such a nature as to be substantially serious, chronic, or willful.
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) If the owner has not cured the violations within the cure period stated in a correction notice, then, in addition to powers granted elsewhere in this Code, including but not limited to Sections 8-15- 40 and 8-15-42, the City may, through its authorized employees, agents, or contracted parties, enter upon the premises and abate the nuisance by means determined by the City, unless the owner or operator has disputed the correction notice.
(1) A recipient of a correction notice may dispute such notice by contacting the Department in the manner specified in the correction notice, which shall be established by rule adopted by the Department. If notice of a dispute is allowed by telephone, the department shall establish a method to verify and track receipt of telephoned dispute notices.
(2) If a correction notice is disputed, the City’s right of entry under this section shall be suspended until a blight violation proceeding has determined that a blight violation exists or a court has determined that a violation exists.
(3) If the recipient of the correction notice does not dispute it within the cure period, the opportunity to object to the City's entry to cure the violation and abate the nuisance is deemed waived.
(b) Upon a blight violation determination that the owner is responsible for a blight violation, the City, through its authorized employees, agents, or contracted parties, may enter upon the premises and abate the nuisance by means determined by the City.
(c) The authorized officers and agents of the City shall be granted free access to and from the property for the work necessary to accomplish the abatement of any violation of this article found to exist. No person shall obstruct or prevent such work.
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).
The full cost of abatement actions taken or caused to be taken pursuant to this article shall be paid by the owner. The City’s costs, including administrative fees, labor, and materials, to secure compliance with a blight violation order or to abate a public nuisance under this article may be included in a blight violation determination. In accordance with Section 8-15-12 of this Code, the City may use all available remedies to secure compliance and payment, except where limited or prohibited by law.
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).
If, in addition to the jurisdiction of the Department, a sign is subject to the jurisdiction of any other federal, state, or local governmental agency or authority, the applicant for erection of the sign shall, as part of the application, provide copies of all other governmental approvals that may be required. If such other approvals are subject to any conditions of approval, or other standards, then such standards shall be incorporated by reference into the permit. Those standards that are comparable and more restrictive than the standards set forth in this chapter shall supersede and shall be considered controlling under the permit. No standards imposed by other governmental agencies that are less restrictive than the standards set forth in this chapter may relieve any obligation to adhere to the standards set forth herein. Other governmental agencies with jurisdiction over signs include, without limitation:
(1) Signs located within a historic district as identified in Chapter 21, of this Code, History, are subject to approval by the Historic District Commission and subject to its existing procedures as set forth therein.
(2) Signs located in any freeway-adjacent area adjacent to a freeway within the jurisdiction of the State of Michigan are subject to approval by the Michigan Department of Transportation.
(3) Signs located within a City-controlled public right-of-way are subject to approval by the City’s Department of Public Works.
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) Approval by the Department of Public Works Traffic Engineering Division shall be required for the following:
(1) Any sign that is located within 125 feet of the edge of the traveled roadway of any freeway, or interchange ramps between freeways, used by traffic facing the display side of such sign or structure; and
(2) Any sign that is located within 25 feet of the right-of-way line of any freeway and is oriented toward and is visible from vehicles traveling on the freeway or interchange ramp.
(b) For each such sign, the Department of Public Works Traffic Engineering Division shall not approve the sign if it determines that the sign would create a visual distraction or other hazard to vehicular traffic traveling on the freeway or interchange ramp.
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 to post, construct, erect, or otherwise display a sign without having first been issued a permit for such sign.
(b) It shall be unlawful to perform any sign alteration without having first been issued a permit for such sign. Any sign alteration of an existing permitted sign shall require a new permit.
(c) A permit may be applied for under this section by submission of a form acceptable to the Department in accordance with Section 4-4-17 of this Code.
(d) It shall be unlawful to operate or maintain a sign without having first been issued a license for such operation. The term of any such license shall not exceed two years. The Department may require that a sign shall be subject to inspection as a precondition to issuance of any such license. A license may be applied for under this section by submission of a form acceptable to the Department.
(e) Notwithstanding Subsections (a) through (d) of this section, the following signs, if in compliance with applicable dimensional and operations standards of this article, are not subject to the requirements of this section:
(1) Portable temporary signs that are erected and displayed in accordance with Section 4-4-183(a)(3) of this Code; and
(2) Window signage on any premises that has cumulative window signage totaling less than ten square feet.
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).
In accordance with Section 6-503(13) of the Charter, the Department shall establish fees, subject to approval by the City Council by adoption of a resolution, and collect such fees based upon the cost of issuance and administration of considering applications for permits to erect or alter an existing sign or for licenses to operate or maintain a sign. A fee shall be charged for each sign for which an application for permit or license is requested. Such fee shall be non-refundable. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in this subsection shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Department and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Department at least once every two years.
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 application for the erection or alteration of any sign on a premises for which a permit is required by Section 4-4-17 of this Code shall be made on a form that is provided by the Department. Permit request for each sign shall require a separate application. The Department may accept an application only if it is complete, unless otherwise specified in this Chapter. The Department shall consider an application to be complete only upon the applicant’s payment of the required permit fee and submission of an application which provides all of the following information:
(1) The name and contact information of the applicant;
(2) The name and contact information of the owner of the premises, if different from the applicant;
(3) Written authorization by the owner for the applicant, if different from the owner, to submit the application on the owner’s behalf;
(4) The name and contact information of the sign erection contractor that will erect the proposed sign for which the permit is sought;
(5) The number of the sign erection contractor’s valid license, as issued by the Buildings, Safety Engineering, and Environmental Department’s Business License Center;
(6) The address and parcel number(s) of the premises;
(7) The zoning district and sign district of premises;
(8) Proof of current ownership of the premises, as may be provided in the form of a deed, land contract or other valid and duly recorded instrument;
(9) A site plan to scale showing the existing conditions of the premises, including:
a. North arrow, legend, if applicable, with graphic and written scale;
b. Location map, showing the location of the premises;
c. Locations and names of all public rights-of-way, private roads, and railroads, as well as all existing pedestrian pathways and driveways, whether adjacent or interior to the premises;
d. Locations and outer perimeter dimensions of all existing buildings and other structures on the premises;
e. Locations of all existing signs; and
f. Location of proposed sign;
(10) The elevations of all buildings and other structures, including signs, on the premises, including:
a. Identification of the location and general orientation of the elevation;
b. A general depiction of the façade of each existing building and any other structure;
c. A general depiction of all existing signs, including applicable dimensions of height, clearance, and area;
d. A general design concept for the sign, including applicable dimensions of height clearance, and area; and
e. Total length in linear feet of the elevation(s) of each building or structure fronting a street.
(11) A summary of all existing and proposed signs, including for each such sign:
a. A description of the location of the sign, corresponding to the site plan identified in Subsection (4) of this section, including the setback from the closest right-of-way;
b. The purpose of the sign, such as for advertising or business signage purposes;
c. An indication of whether the sign is a new sign or an alteration of an existing sign;
d. The height, clearance, and area of the sign;
e. The type of construction of the sign;
f. The illumination of the sign, if any, including whether the illumination is internal or external and the type of illumination technology utilized;
g. The dynamic and animated operation of the sign, if any;
h. All applicable sign specifications and calculations as provided in an engineer’s report where applicable; and
i. Description or identification of the current land use designation of the premises.
(12) 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, approvals by the Michigan Department of Transportation, the Planning and Development Department, the Detroit City Planning Commission, the Detroit Historic District Commission, or the Detroit Department of Public Works.
(13) If the application is for a business sign subject to Division 3 of this Article:
a. Whether the sign constitutes any type of sign identified in Section 4-4-63 of this Code, such as a high-rise identification sign, a painted side-wall sign, a sponsorship sign associated with public art or a directional sign; and
b. Whether the premises is located in the Entertainment District, and if so, identification of the applicable zone thereof;
(14) If the application is for an advertising sign located outside the Central Business District subject to Division 4 of this article.
a. The name and contact information of the advertising partner of the applicant, if any; and
b. An affidavit, signed by a registered surveyor licensed in the State of Michigan, declaring whether or not any of the features listed in Section 4-4-103 of this Code are located within any of the associated distances set forth therein, and if so, the exact distance of each such feature from the premises.
(15) If the application is for an advertising sign located in the Central Business District subject to Division 5 of this Article:
a. The name and contact information of the advertising partner of the applicant, if any;
b. Identification of the category of advertising sign, as described in Section 4-4-128 of this Code, for which the permit is being sought; and
c. Identification of the orientation of the façade of the building or structure to which the advertising sign is proposed to be erected.
(16) If the application is for a sign located in the right-of-way subject to Division 6 of this Article:
a. The name of right-of-way in which the sign is to be located;
b. The address of the premises adjacent to the point where the sign is to be located;
c. If the sign is to operate as a business sign, the name and address of the business;
d. If the sign is to operate as an advertising sign, a description and rendering of the freestanding structure of which the sign is to be a component; and
e. If the sign is to operate as an advertising sign, an affidavit signed by a registered surveyor licensed in the State of Michigan, declaring whether or not an advertising sign is located within 250 feet in the same right-of-way as the sign and oriented in the same direction as the sign, and if so, the exact distance of such sign from the sign.
(17) If the application is for a temporary sign subject to Division 7 of this Article:
a. The number, date of issuance, and date of expiration of every temporary sign permit that has been issued in association with the premises, whether or not also associated with the applicant;
b. The date of the conclusion of the occasion to which the temporary sign is intended to direct attention;
c. If the temporary sign is to be associated with a premises that is listed as being for sale or lease, a copy of such listing; and
d. If the temporary sign is to be associated with a premises associated with an open building or construction permit, the number, issuance date, and expiration date of such permit.
(b) Submission of the name, address, and contact information for any person as may be required under Subsection (a) of this section, shall be provided in accordance with the following:
(1) Where the person is an individual:
a. The person’s full legal name, and any other name used by the person during the preceding five years;
b. The person’s current mailing address, telephone number, and e-mail address; and
c. Written proof of age in the form of a driver’s license, a picture identification document that is issued by a governmental agency and contains the person’s date of birth, or a copy of a birth certificate accompanied by a picture identification document that is issued by a governmental agency.
(2) Where the entity is a partnership:
a. The legal name, and any other name, used by the partners during the preceding five year; and
b. The current mailing address, telephone number, and e-mail address for the entity.
(3) Where the entity conducts business under a trade or assumed name:
a. The complete and full trade or assumed name;
b. The county where, and date that, the trade or assumed name was filed;
c. The name of the person or persons doing business under such trade or assumed name, the manager, and other person or persons who are in charge; and
d. The current mailing address, telephone number, and e-mail address for the entity.
(4) Where the entity is a corporation:
a. The full and accurate corporate name;
b. The state and date of incorporation;
c. The full names and addresses of officers, directors, managers, and other persons with authority to bind the corporation; and
d. The current mailing address, telephone number, and e-mail address for the entity.
(5) The name, business address, and telephone number of the business.
(6) The name and business address of the statutory agent or other agent, who is authorized to receive service of process.
(c) Any information provided by the applicant in accordance with this section shall be supplemented in a form acceptable to the Department within ten business days of a chance of circumstances that would render false or incomplete the information that was previously submitted. The requirement to provide supplemental information shall be ongoing during the pendency of the application and the term of the permit, if 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).
(a) In the event that the regulations set forth in this chapter are in conflict with, or otherwise differ from, comparable regulations set forth in any other chapter of this Code, the provisions of this chapter shall control, with the exception of regulations set forth in Chapter 50 of this Code. Zoning pertaining to the dimensional standards and other substantive requirements for signs located in a Planned Development (PD) District, Special Development District, Casinos (SD5) or in a Traditional Main Street Overlay (TMSO) area, in which case the more restrictive provision shall control.
(b) Nothing in this chapter shall exempt any sign from Special District Review, or any other procedural review requirements and associated design standards, set forth in Chapter 50 of this Code, Zoning, as may be applicable to signs located in a Planned Development (PD) Public Center (PC) District, Public Center Adjacent (PCA) District, Parks and Recreation (PR) District, Special Development District, Technology and Research (SD3), Special Development District, Riverfront Mixed Use (SD4), or Special Development District, Casinos (SD5).
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 sign for which a permit, grant or other approval has been issued prior to the effective date of this ordinance, that is in compliance with all terms and conditions of such approval, but that does not conform to the provisions and standards of Chapter 4, Article 4, Divisions 2 through 7, shall not be subject to the dimensional standards and other substantive requirements of this Article until January 1, 2030. Upon such date, each such sign shall be subject to all applicable requirements set forth in this chapter, notwithstanding any permit grant, or other approval that has been issued under the authority of Chapter 50 of this Code, Zoning, or any provision allowing the persistence of any nonconforming use set forth in this Code.
(b) Any sign for which a permit, grant, or other approval has been issued under the authority of this chapter, that is in compliance with all terms and conditions of such approval, and that is rendered in violation of this chapter solely as a result of an amendment hereof, shall not be subject to the dimensional standards and other substantive requirements of this Article for a period of 10 years, commencing upon the effective date of such amendment. Upon the completion of such period, each such sign shall be subject to all applicable requirements set forth in this chapter, notwithstanding any permit, grant, or other approval that authorizes anything to the contrary.
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 dimensional or operational standard or requirement set forth in this article may be subject to waiver or adjustment in accordance with the provisions of this section, except as expressly limited or prohibited. The Director of the Planning and Development Department or the Director’s Designee, is authorized to serve as the administrator for waivers and adjustments.
(b) In accordance with Section 2-111 of the Charter, the Director of the Planning and Development Department or the Director's Designee, is authorized to promulgate rules for the administration of waivers and adjustments under this section.
(c) The owner of any premises may, upon petition to the Director of the Planning and Development Department or the Director’s Designee, request the waiver or adjustment of any dimensional or operational standard or requirement set forth in this article, except as expressly limited or prohibited, with which the proposed signage for such premises may not strictly comply. Such petition shall consist of a completed application in a form acceptable to the Director of the Planning and Development Department, or the Director’s Designee, an application for the erection or alteration of the proposed signage in accordance with Section 4-4-19 of this Code, and an application fee. Every petition shall be subject to a public hearing in accordance with the procedures and standards of this section.
(d) The Director of the Planning and Development Department, or the Director’s Designee, shall charge a fee for the processing of any petition for waiver and adjustment under this Section. In accordance with Section 9-507 of the Charter, the Director of the Planning and Development Department or the Director’s Designee, shall establish a fee, subject to approval by the City Council by adoption of a resolution, and collect such fee based upon the cost of issuance and administration of considering petitions for waivers and adjustments. A non-refundable fee shall be charged for each premises for which a petition for waiver or adjustment of certain standards is requested, regardless of the number of specific standards or requirements for which a waiver or adjustment may be requested. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in this subsection shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Planning and Development Department and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Planning and Development Department at least once every two years.
(e) Not more than five business days following the date of the submission of a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall evaluate the petition, determine if it is complete or deficient, and inform the petitioner as to its status. If the petition is incomplete or otherwise deficient in any way, the Director of the Planning and Development Department or the Director’s Designee, shall inform the petitioner of such deficiency and allow the petitioner to correct the deficiency within a specified period of time not to exceed 30 days. The Director of the Planning and Development Department, or the Director’s Designee, shall dismiss any deficient petition that is not timely corrected. If the petition is complete and not deficient in any way, the Director of the Planning and Development Department, or the Director’s Designee, shall assign a unique case number to the petition, and inform the petitioner of such case number and the date of the public hearing regarding the petition. The Director of the Planning and Development Department, or the Directors Designee, shall schedule each petition for the next available public hearing date, unless a later date is requested in writing by the petitioner, and shall schedule petitions for public hearing in the order in which they are deemed to be complete.
(f) Not less than 15 calendar days prior to the date of the public hearing for a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall issue public advisement of such hearing containing the following:
(1) Name of the petitioner;
(2) Address of the subject premises;
(3) Summary of the proposed signage at the subject premises for which a waiver or adjustment is sought, including a general description of the construction, area, height and illumination of each such proposed sign;
(4) Citation to the specific provisions of this article for which a waiver or adjustment is petitioned and the strict standards and requirements set forth in such provisions as applicable to the proposed signage;
(5) Summary of the extent to which each proposed sign does not comply with the strict standards and requirements set forth in this article;
(6) The criteria by which a waiver or adjustment may be approved, as set forth in Subsection (i) of this section;
(7) The date, time, and location of the public hearing for the petition; and
(8) Advisement of the opportunity to attend the public hearing and to submit written comment regarding the petition, the name and contact information to which such comments can be submitted, and the date by which such comments must be received, including the location, mailing address, and email address to which such comments can be submitted.
(g) The Director of the Planning and Development Department or the Director’s Designee, shall distribute any advisement required pursuant to Subsection (f) of this section by each of the following means:
(1) Publication in a newspaper of general circulation within the City;
(2) Publication on a page of the City’s website associated with the Planning and Development Department for a period to conclude no sooner than the date of the public hearing;
(3) Mail or by personal service with proof of delivery to the owners and occupants of all buildings or structures of which any portion is located within 300 feet, measured radially, of the premises that is the subject of the petition. If a single building or structure within that area contains four or more dwelling units or tenant spaces, then notice may be sent to the owner of the building or structure with a request that such notice be distributed to all occupants;
(4) Mail, email, or personal service to the Buildings, Safety Engineering, and Environmental Department, the Department of Public Works, the City Planning Commission, and any other City department or agency that has made such request; and
(5) Causing the applicant to erect a posting at the premises that is the subject of the petition, at a location along the frontage of such premises, in a manner that is clearly visible from the adjacent street and in a form that is acceptable to the Director of the Planning and Development Department, or the Director’s Designee, for a period to conclude no sooner than the date of the public hearing.
(h) The Director of the Planning and Development Department, or the Director’s Designee, shall accept any written comment document, report, and other written information that pertains to the petition and is timely submitted to the Director of the Planning and Development Department, or the Director’s Designee, prior to the conclusion of the public hearing from the City Planning Commission, any other City department or agency, or any other source, and shall make all timely submitted writings a part of the record regarding the petition.
(i) The Director of the Planning and Development Department, or the Director’s Designee, shall conduct each public hearing regarding a petition for a waiver or adjustment at a public meeting in accordance with the Michigan Open Meetings Act 1976 PA 267, being MCL 15.261, et seq., as amended, as well as with its general rules and procedures.
(j) The Director of the Planning and Development Department, or the Director’s Designee, may approve a petition for a waiver or adjustment only upon finding that such waiver or adjustment satisfies all of the following:
(1) That, without the requested waiver or adjustment, the sign would be subject to one or more practical difficulties that would substantially hinder the communicative potential of the sign;
(2) That the requested waiver or adjustment is necessary to address all practical difficulties referenced in Subsection (j)(1) of this section, as no form of alternative signage in accordance with this chapter could effectively eliminate all such practical difficulties;
(3) That the requested waiver or adjustment would be sufficient to effectively eliminate all practical difficulties referenced in Subsection (j)(1) of this section;
(4) That the requested waiver or adjustment will not have a detrimental effect on the privacy, light, or air of the premises or neighboring premises;
(5) That the requested waiver or adjustment will not substantially affect the use or development of the subject premises or neighboring premises;
(6) That the requested waiver or adjustment will not substantially impair, detract from, or otherwise affect the aesthetic value of the subject premises or neighboring premises;
(7) That the requested adjustment will not in any way increase the potential for distraction to, obstruct the flow of, or otherwise harm pedestrians or motor vehicles passing within view of the sign; and
(8) The proposed signage for the subject premises, submitted as part of the application for the waiver or adjustment, is in general accord with the spirit and intent of the regulations set forth in this chapter.
The Director of the Planning and Development Department, or the Director’s Designee, may approve a petition with conditions if it determines that satisfaction of such conditions are necessary to enable it to make all of the above-listed findings. All such conditions must be reasonably related to the scope of the petition and in proportion to the magnitude of the requested waiver or adjustment.
(k) Not more than 15 business days following the public hearing for a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall issue its written decision regarding such petition. Such written decision constitutes the final administrative decision of the Director of the Planning and Development Department, or the Director’s Designee, on behalf of the Planning and Development Department regarding the petition. Each such written decision shall contain the following:
(1) All required contents of the public notice for the petition, as set forth in Subsection (f) of this section, except for the contents required under paragraph (f)(8).
(2) Summary of the record of the public hearing, including summaries of the testimony, written materials, and other information provided by the petitioner, summaries of the public comments, whether submitted in writing or in person, and other information pertinent to the administrative decision regarding the petition.
(3) The decision of the Director of the Planning and Development Department, or the Director’s Designee, to approve, approve with conditions, or deny the petition.
(4) For any petition that is approved with conditions, all such conditions.
(5) Explanation of the basis for approval, approval with conditions, or denial, including discussion of the petition’s satisfaction or failure to satisfy each of the specific findings listed in Subsection (j) of this section.
(6) For any petition that is approved, approved with conditions, or denied, notice of the opportunity to appeal the decision of the Director of the Planning and Development Department, or the Director’s Designee, as authorized by Section 4-4-23 of this Code, and the deadline by which such appeal must be made, as well as a certificate of the right to appeal in a form acceptable to the Department of Appeals and Hearings.
(l) Upon issuance of its decision regarding a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall distribute such decision to each of the following:
(1) By mail, email, or personal service with proof of delivery to the petitioner, and any other attendee at the public hearing that has so requested.
(2) By publication on a page of the website of the City associated with the Planning and Development Department.
(3) By any other means that the Director of the Planning and Development Department, or the Director’s Designee, may determine to be feasible and effective.
(m) The Director of the Planning and Development Department or the Director’s Designee, shall cause a record of each petition to be kept in accordance with its general rules and procedures that shall include:
(1) The petition;
(2) Any public advisements issued regarding the public hearing for the petition;
(3) Any written comment, document, report, and other written information that is timely submitted prior to the public hearing regarding the petition;
(4) A transcript or other written or audio recording of the public hearing;
(5) The written decision of the Director of the Planning and Development Department, or the Director’s Designee, regarding the appeal; and
(6) Any documents, materials, and other information regarding the petition that may have informed the decision of the Director of the Planning and Development Department, or the Director’s Designee, regarding the petition.
(n) The specific terms and conditions of any waiver or adjustment granted under this section shall be incorporated into the terms and conditions of the permit for the sign. Such waiver or adjustment shall be valid only as applied to the permitted sign, and shall be subject to suspension, revocation, or denial of renewal under the same circumstances as the permit itself.
(o) Not later than January 31st of each year, the Director of the Planning and Development Department, or the Director’s Designee, shall prepare and present to the City Council a report of the petitions submitted during the prior year. Each such report must identify the number of petitions submitted, the number of petitions that were approved, approved with conditions, and denied, and the locations of the premises for which petitions were submitted, summarize the provisions of this article for which waivers or adjustments were requested, and make recommendations for amendment of this Article, as well as provide any other information that may reasonably be requested by the City Council.
(p) Nothing in this section shall grant any individual a right to receive advisement of a petition for waiver or adjustment to submit a comment regarding such petition, or to have any such comment admitted in the record for such petition. The failure or refusal of the Planning and Development Department to issue any advisement in any particular form, collect any comment, admit any comment in the record of an appeal, or take other action in strict accordance with Subsections (f) through (h) of this section shall not constitute deprivation of any right or duty owed.
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 accordance with Chapter 3, of this Code, Administrative Hearings and Enforcement, and Administrative Appeals, Division IV, Administrative Appeals, as well as the rules of procedure promulgated thereunder, any appeal of an administrative decision made pursuant to Section 4-4-22 of this Code shall be made to the Department of Appeals and Hearings.
(b) Only the individual or entity that is subject to an administrative decision made pursuant to Section 4-4-22 of this Code, or any Individual or entity with a property interest within 300 radial feet of the property subject to the administrative decision made pursuant to Section 4-4-22 of this Code has the right to appeal such administrative decision. Such individual or entity may, by a writing in a form satisfactory to the Department of Appeals and Hearings, appoint an agent to serve as its authorized representative at its appeal.
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).
Not later than the effective date of this ordinance, the Department shall prepare a sign guidebook containing pictures, graphics, workflows, sample applications and forms, and other information that may be convenient for the understanding, implementation, and enforcement of this ordinance. The Department may revise the guidebook as necessary. The Department may consult with the Planning and Development Department, the City Planning Commission, the Law Department, and any other City department for the purpose of creating the sign guidebook or any revision thereto. The Department shall make the current version of the Sign Guidebook available for public inspection, both through the City’s website and at its principal offices without charge.
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).