[Amended 10-14-2008 by Ord. No. 178]
The sign regulations of this article are intended to protect
and further the health, safety, and welfare of the residents of the
City of New Buffalo; to maintain and improve the appearance of the
City; to preserve community character; to prevent traffic hazards;
to provide safer conditions for pedestrians; and to promote economic
development by regulating the construction, alteration, repair, maintenance,
size, location, and number of signs. It is further determined that
to allow signs of excessive number and size in the City would unduly
distract pedestrians and motorists, create a traffic hazard, and reduce
the effectiveness of signs needed to direct the public. The regulations
of this article are intended to provide reasonable identification
for businesses and other uses within the community, but are not intended
to serve as a means of advertising.
[Amended 11-21-2012 by Ord. No. 196]
As used in this article, the following terms shall have the
meanings indicated:
A retractable or fixed shelter constructed of non-rigid materials
on a supporting framework that projects from the exterior wall of
a building.
A sign composed of a non-porous bag of material filled with
air.
A fabric, plastic, or other sign made of non-rigid material
without an enclosing structural framework.
Any structure, including the wall of any building, on which
lettered, figured or pictorial matter is displayed for advertising
a business, service, or entertainment which is not conducted on the
land upon which the structure is located or products not primarily
sold, manufactured, processed or fabricated on such land.
Any two or more businesses (other than within the CBD District)
which:
A freestanding sign identifying the name of a business center
and/or one or more individual businesses within the center.
A temporary sign which identifies the owners, financiers,
contractors, architects, and engineers of a project under construction.
A sign which gives directions, instructions, or facility
information for the use on the lot on which the sign is located, such
as parking or exit and entrance signs.
A sign, not attached to a building or wall, supported on
poles or supports with a minimum ground clearance of eight feet.
A temporary or permanent sign erected by the City of New
Buffalo.
A sign, the bottom of which is no more than 24 inches from
the ground, which rests directly on the ground or is supported by
short poles or a base, and is not attached to a building or wall.
A temporary or permanent sign erected within or adjacent
to the road right-of-way by the City of New Buffalo, Berrien County,
the State of Michigan, or federal government for the purpose of directing
or controlling traffic on a public street, road, or highway.
A ground sign upon which is displayed the name of a church,
school, library, community center or similar public or quasi-public
institution located on the property and which may contain a space
for a reader board to announce its services, events, or activities.
A permanent structure constructed of rigid materials that
projects from the exterior wall of a building.
A sign affixed flat against the surface of a marquee.
A non-illuminated sign, tablet, or plaque commemorating a
person, event, structure, or site.
A design or representation painted or drawn on a wall which
does not advertise an establishment, product, service, or activity.
A sign which relates to or advertises an establishment, product,
merchandise, good, service or entertainment which is not located,
sold, offered, produced, manufactured or furnished at the property
on which the sign is located (including, but not limited to, billboards).
A sign not exceeding two square feet which provides notices
of a public nature, such as "No Trespassing," "No Hunting," "Closed,"
or "Open" signs.
A temporary sign used in connection with an official local
government, school district, county, state, or federal election or
referendum.
A double-faced sign attached to a building or wall that extends
more than 12 inches but not more than 48 inches from the face of the
building or wall.
A portion of a sign on which copy is changed manually.
A nonilluminated, temporary sign pertaining to the sale,
rent, or lease of the property upon which the sign is located.
A permanent ground sign identifying a recognized platted
subdivision, site condominium project, multifamily development, or
other residential development, which has been approved by the City.
The top edge of a roof or parapet wall, whichever is higher,
but excluding any cupolas, chimneys, or other minor projections.
A sign erected above the roof line of a building.
Any display, figure, painting, drawing, placard, poster or
other device visible from the public way which is designed, intended
or used to convey a message, advertise, inform or direct attention
to a person, institution, organization, activity, place, object or
product. It may be a structure or part thereof painted on or attached
directly or indirectly to a structure.
Temporary signs containing public messages concerning special
events sponsored by governmental agencies or nonprofit organizations.
A display, informational sign, special event banner or other
advertising device with or without a structural frame and intended
for a limited period of display, including seasonal produce sales,
and decorative displays for holidays, or public demonstrations.
Any sign attached to a utility pole located within a public
right-of-way or on City property, for which the primary purpose of
such pole is to either hold a street or parking lot light and/or hold
overhead utility lines, such as electrical lines and/or telecommunications
lines.
A sign painted or attached directly to and parallel to the
exterior wall of a building extending no greater than 12 inches from
the exterior face of the wall to which it is attached.
A sign installed inside a window and intended to be viewed
from the outside.
[Amended 11-21-2012 by Ord. No. 196]
A.
No sign shall be placed in, upon or over any public right-of-way,
alley, or other City property, except for: (1) highway signs, (2)
government signs, (3) and projecting signs which otherwise conform
to this ordinance; any other signs placed in, upon or over any public
right-of-way, alley, or other public place, shall be removed by the
City at the sign owner's expense.
B.
No utility pole sign shall be placed on a utility pole located within
a public right-of-way or on City property unless such sign is specifically
designed for such purpose and such sign is authorized by the City
Manager. Such signs shall only be installed or removed by persons
authorized by the City Manager, in a manner prescribed by the City
Manager.
C.
No sign shall be erected in any place where it may, by reason of
its position, shape, color, or other characteristic, interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal, or device, or constitute a nuisance per se.
D.
No commercial vehicle, which in the opinion of the Zoning Administrator
has the intended function of acting as a sign, shall be parked in
any area abutting the street, unless no other parking area is available.
E.
No sign shall contain any moving or animated parts, nor have the
appearance of having any moving or animated parts.
F.
All ground, freestanding, and wall signs may contain reader boards
within the maximum size limits permitted for the sign.
G.
No wall sign shall extend beyond the edge of the wall to which it
is affixed, and no wall sign shall extend above the roof line of a
building.
H.
All signs shall pertain only to the business or activity conducted
on the premises, with the exception of billboards located adjacent
to state or interstate highways, political signs, and special event
signs.
I.
Real estate signs, non-illuminated, are permitted in any zoning district,
but shall be removed within 30 days after completion of the sale or
lease of the property.
J.
Construction signs are permitted within any district, subject to
the following regulations:
1.
Such signs shall be no larger than 32 square feet and shall be located
not closer than 10 feet to the street right-of-way line and shall
not be higher than 10 feet.
2.
In residential developments, any construction sign shall be removed
at such time as a permanent subdivision sign is erected, final plat
approval is obtained, or a certificate of occupancy is issued for
any dwelling in the development; whichever comes first.
3.
In nonresidential developments, any construction sign shall be removed
upon issuance of a certificate of occupancy for the building.
K.
Special event signs are permitted in any zoning district, subject
to the following restrictions:
1.
Such sign may be located either on or off the lot on which the special
event is held.
2.
The display of the signs shall be limited to the 10 days immediately
preceding the special event which is being advertised.
3.
The signs shall have a maximum size of 32 square feet in area, and
a maximum height above ground level of six feet and shall be set back
from any side or rear property line a minimum of 15 feet. The front
setback shall be as required for signs in the zoning district in which
the sign is to be located.
4.
The signs shall be removed within 48 hours of the conclusion of the
special event which is being advertised.
L.
Directional signs are permitted in any zoning district subject to
the following restrictions:
1.
Such sign shall not exceed two square feet in area or three feet
in height, and shall be set back at least five feet from any lot line
and edge of any driving lane.
2.
A directional sign may contain a commercial logo or trademark, not
exceeding 1/3 of the sign size, but not a business name or commercial
message.
M.
Freestanding signs shall have a clear space of at least eight feet
between the grade and the bottom of the sign to permit an unobstructed
view for motorists and pedestrians.
N.
Temporary signs are permitted in any district subject to the following
restrictions:
1.
A temporary sign shall only be displayed upon receipt of a permit
issued by the Zoning Administrator.
2.
No temporary sign shall be displayed on any one lot or parcel for
more than 30 consecutive days for any one permit period and no more
than two non-consecutive permits shall be issued for any lot or parcel
during any calendar year.
3.
Upon expiration of the permit, the sign shall be removed by the permit
holder.
4.
No temporary sign shall exceed 32 square feet.
5.
Only one temporary sign shall be permitted on a lot or parcel.
6.
No temporary sign shall be closer than five feet from any property
line fronting on a public street.
7.
All temporary signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of area.
O.
All lighted signs shall be inspected by the Electrical Inspector
for proper and adequate electrical connections. If deemed necessary
by the Zoning Administrator, an electrical code permit will be required.
[Amended 11-21-2012 by Ord. No. 196]
The following signs shall not require a building permit, but
shall be subject to all other applicable general requirements of this
article:
A.
Government signs.
B.
Placards.
C.
Temporary signs of six square feet in size or less.
D.
Window signs, provided the total area of all signs within one foot
of the window shall not obscure more than 50% of the window area.
E.
Political signs.
F.
Historical markers.
G.
Memorial signs or tablets.
H.
Murals.
I.
Signs not visible from any street.
J.
Signs for essential services.
K.
Signs with address, owner, or occupant name, of up to one square
foot in area attached to a mailbox, light fixture or exterior wall.
L.
Flags or insignia of any nation, state, local government, community
organization, or educational institution; and flags used to notify
the public that an establishment is open.
M.
Special event banners.
N.
Utility pole signs.
All signs not specifically allowed under this article (unless
exempted from regulation herein) are prohibited in the City of New
Buffalo. Further, the following types of signs are expressly prohibited:
A.
Balloons, balloon signs, strings of light bulbs, pennants, streamers,
non-special event banners, or flags, except for those flags of a non-commercial
nature not used for the purpose of commercial advertisement and specifically
exempted.
B.
Any sign, including window signs, which have flashing, moving, or
oscillating lights (excluding time and temperature signs, which are
permitted).
C.
Roof signs.
D.
Off-premises signs (except for non-commercial signs, special event
signs, and billboards).
A.
The area of a sign shall be measured as the area within a single,
continuous perimeter composed of any straight line geometric figure
which encloses the extreme limits of writing, representation, emblem,
logo, or any other figure of similar character, together with any
frame or other material or color forming an integral part of the display
or used to differentiate the sign from the background against which
it is placed, excluding only the structure necessary to support the
sign.
B.
The area of a freestanding, ground, or projecting sign that has two
or more faces shall be measured by including the area of all sign
faces, except if two such faces are placed back-to-back, are of equal
size, and are no more than two feet apart at any point, the area of
the two back-to-back faces shall be counted as one face. If the two
back-to-back faces are of unequal size, the larger of the two sign
faces shall be counted as the one face.
C.
The height of a sign shall be measured as the vertical distance from
the highest point of the sign to the finished grade of the ground
immediately beneath the sign, excluding any artificially constructed
earthen berms.
D.
For buildings with multiple tenants, the sign areas for wall signs,
projecting signs and awning signs shall be determined by taking that
portion of the front wall of the building applicable to each tenant
and computing sign requirements for that portion of the total wall.
A.
In the Central Business District when signs are illuminated they
shall only be illuminated externally, and the source of the light
shall be directed to prevent light from shining directly onto traffic
or neighboring property.
B.
In the General Commercial District signs may be illuminated internally
or externally. When illuminated externally the source of the light
shall be enclosed and directed to prevent light from shining directly
onto traffic or neighboring property.
C.
No sign shall employ any flashing, moving, oscillating, blinking,
or variable intensity light, provided variable time-temperature signs
may be permitted.
A.
The following signs are permitted in combination (unless otherwise
noted) in each district, subject to the requirements described in
the tables and all other applicable regulations of this article.
B.
In addition to the number of wall signs permitted, the surface area
which contains any information on awnings shall contribute to the
calculation of the total permitted size for wall signs.
|
R-1, R-2, R-3, R-4 and Residential PUD Districts
| ||
|---|---|---|
|
RESIDENTIAL SUBDIVISION SIGNS
| ||
|
Number
|
1 per entrance road to the development, not exceeding 2 such
signs per development
| |
|
Size
|
No greater than 40 square feet
| |
|
Location
|
Minimum 10 feet from the street right-of-way line
| |
|
Height
|
Not more than 8 feet above grade
| |
|
INSTITUTIONAL BULLETIN BOARD
| ||
|
Number
|
1 per lot or parcel
| |
|
Size
|
No greater than 32 square feet
| |
|
Location
|
Minimum 15 feet from the street right-of-way line
| |
|
Height
|
Not more than 6 feet above grade
| |
|
SIGNS FOR HOME OCCUPATIONS
| ||
|
Number
|
1 per lot or parcel
| |
|
Size
|
No greater than 6 square feet and no higher than 6 feet if freestanding
| |
|
Location
|
Mounted flat against the wall and non-illuminated or freestanding
in front yard
| |
|
WALL SIGNS FOR NONRESIDENTIAL USES
| ||
|
Number
|
1 per street frontage
| |
|
Size
|
For public and quasi-public facilities (such as schools, churches,
and similar institutional uses) no sign shall be greater than 5% of
the wall area to which it is affixed, not to exceed 50 square feet.
For private offices no such sign shall be greater than 6 square feet.
| |
|
Location
|
Mounted flat against the wall facing the street.
| |
|
CBD, Central Business District
| ||
|
WALL SIGN
| ||
|
Number
|
1 per business; provided that any business which has frontage
on more than 1 street shall be permitted to have 1 wall sign per street
frontage, subject to the following size restrictions.
| |
|
Size
|
No greater than 15% of the ground floor wall area to which it
is affixed on the front and no greater than 10% of the ground floor
wall area on any side or rear face which abuts a street, not to exceed
50 square feet per sign. Where 2 or more businesses occupy a single
building, the ground floor wall area shall be limited to that portion
of the building occupied by the respective business.
| |
|
Location
|
Mounted flat against the wall facing the street
| |
|
GROUND SIGN
| ||
|
Number
|
1 per lot or parcel.
| |
|
Size
|
No greater than 48 square feet
| |
|
Location
|
Minimum 10 feet from the street right-of-way line
| |
|
Height
|
Not more than 4 feet above grade
| |
|
Illumination
|
Shall not be illuminated if property is adjacent to a residential
district
| |
|
PROJECTING SIGN, AWNING SIGN, OR MARQUEE SIGN
| ||
|
Number
|
1 per street frontage
| |
|
Size
|
No greater than 10 square feet
| |
|
Location
|
Projecting out from the building wall not more than 4 feet and
having a clearance of at least 8 feet between the sidewalk and the
bottom of the sign.
| |
|
GCD, WM and Commercial PUD Districts
| ||
|
GROUND SIGN OR FREESTANDING SIGN
| ||
|
Number
|
1 per street frontage but not more than 2 signs, provided that
lots with 2 street frontages shall have a minimum width at each right-of-way
line of at least 50 feet in order to have a second sign. No freestanding
sign shall be permitted for individual businesses within any business
center.
| |
|
Size
|
No greater than 48 square feet for ground signs or 60 square
feet for freestanding signs; provided that in the GCD District the
area of a freestanding sign may be increased to 80 square feet
| |
|
Location
|
Minimum 10 feet from the street right-of-way line
| |
|
Height
|
Not more than 4 feet above grade for ground signs or 25 feet
for freestanding signs
| |
|
WALL SIGN
| ||
|
Number
|
1 per business; provided that any business which has frontage
on more than 1 street shall be permitted to have 1 wall sign per street
frontage, subject to the following size restrictions
| |
|
Size
|
No greater than 10% of the wall area to which it is affixed
and which is occupied by the respective business, not to exceed 100
square feet
| |
|
Location
|
Mounted flat against wall facing the street
| |
|
BUSINESS CENTER SIGN
| ||
|
Number
|
1 per street frontage but not more than 2 signs, provided that
lots with 2 street frontages shall have a minimum width at each right-of-way
line of at least 50 feet in order to have a second sign. No freestanding
signs shall be permitted for individual businesses within any business
center.
| |
|
Size
|
No greater than 80 square feet.
| |
|
Location
|
Minimum 10 feet from the street right-of-way line
| |
|
Height
|
Not more than 25 feet
| |
|
BILLBOARD (within the C-4 District only, as a special exception
use)
| ||
|
No billboards shall be permitted, except in conformance with
the Highway Advertising Act
| ||
|
I-1 and Industrial PUD Districts
| ||
|
GROUND SIGN (no freestanding signs are permitted)
| ||
|
Number
|
1 per lot or parcel
| |
|
Size
|
No greater than 48 square feet
| |
|
Location
|
Minimum 10 feet from the street right-of-way line
| |
|
Height
|
Not more than 4 feet above grade
| |
|
WALL SIGN
| ||
|
Number
|
1 per street frontage
| |
|
Size
|
No greater than 5% of the wall area to which the sign is affixed,
not to exceed 100 square feet
| |
|
Location
|
Mounted flat on wall facing street
| |
|
BILLBOARD (if approved as a special exception use)
| ||
|
No billboards shall be permitted, except in conformance with
the Highway Advertising Act.
| ||
A.
Every permanent sign which was erected legally and which lawfully
exists at the time of the enactment of this article, but which does
not conform to the height, size, area, or location requirements of
this article as of the date of the adoption of these regulations,
is hereby deemed to be nonconforming. This status shall not be granted
to any temporary sign, banner, placard, or other non-permanent sign.
B.
Nonconforming signs may not be altered, expanded, enlarged, or extended;
however, nonconforming signs may be maintained and repaired so as
to continue the useful life of the sign.
C.
For the purposes of this article, a nonconforming sign may be diminished
in size or dimension without jeopardizing the privilege of nonconforming
use. The copy of the sign may not be amended or changed, unless specifically
designed to be changed periodically as in Reader Board, without bringing
such sign into compliance with the requirements of this article.
D.
Any nonconforming sign destroyed by fire or other casualty loss shall
not be restored or rebuilt if reconstruction will constitute more
than 50% of the value of the sign on the date of loss.
E.
Any sign which for a period of one year or more no longer advertises
a bona fide business conducted or product sold shall be removed by
the owner of the building, structure, or property upon which such
sign is located, within 30 days of receipt of written notice by the
Zoning Administrator.
F.
A sign accessory to a nonconforming use may be erected in the City
in accordance with the sign regulations for the district in which
the property is located.
No person shall erect, alter, place or permit to be placed,
or replace any sign without first obtaining a building permit, unless
such sign is specifically exempted as provided in this article.
