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:
AWNING
A retractable or fixed shelter constructed of non-rigid materials
on a supporting framework that projects from the exterior wall of
a building.
BALLOON SIGN
A sign composed of a non-porous bag of material filled with
air.
BANNER SIGN
A fabric, plastic, or other sign made of non-rigid material
without an enclosing structural framework.
BILLBOARD
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.
BUSINESS CENTER
Any two or more businesses (other than within the CBD District)
which:
A.
Are located on a single parcel of property; or
B.
Are connected by common walls, partitions, canopies, or other
structural members to form a continuous building or group of buildings;
or
C.
Share a common parking area; or
D.
Otherwise present the appearance of a single, contiguous business
area.
BUSINESS CENTER SIGN
A freestanding sign identifying the name of a business center
and/or one or more individual businesses within the center.
CONSTRUCTION SIGN
A temporary sign which identifies the owners, financiers,
contractors, architects, and engineers of a project under construction.
DIRECTIONAL SIGN
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.
FREESTANDING SIGN
A sign, not attached to a building or wall, supported on
poles or supports with a minimum ground clearance of eight feet.
GOVERNMENT SIGN
A temporary or permanent sign erected by the City of New
Buffalo.
GROUND SIGN
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.
HIGHWAY SIGN
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.
INSTITUTIONAL BULLETIN BOARD
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.
MARQUEE
A permanent structure constructed of rigid materials that
projects from the exterior wall of a building.
MARQUEE SIGN
A sign affixed flat against the surface of a marquee.
MEMORIAL SIGN
A non-illuminated sign, tablet, or plaque commemorating a
person, event, structure, or site.
MURAL
A design or representation painted or drawn on a wall which
does not advertise an establishment, product, service, or activity.
OFF-PREMISES SIGN
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).
PLACARD
A sign not exceeding two square feet which provides notices
of a public nature, such as "No Trespassing," "No Hunting," "Closed,"
or "Open" signs.
POLITICAL SIGN
A temporary sign used in connection with an official local
government, school district, county, state, or federal election or
referendum.
PROJECTING SIGN
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.
READER BOARD
A portion of a sign on which copy is changed manually.
REAL ESTATE SIGN
A nonilluminated, temporary sign pertaining to the sale,
rent, or lease of the property upon which the sign is located.
RESIDENTIAL SUBDIVISION SIGN
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.
ROOF LINE
The top edge of a roof or parapet wall, whichever is higher,
but excluding any cupolas, chimneys, or other minor projections.
ROOF SIGN
A sign erected above the roof line of a building.
SIGN
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 SIGN
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.
UTILITY POLE SIGN
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.
WALL SIGN
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.
WINDOW SIGN
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:
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.
G. Memorial signs or tablets.
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.
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).
D. Off-premises signs (except for non-commercial signs, special event
signs, and billboards).
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.