[HISTORY: Adopted by the City Commission
of the City of Royal Oak 3-13-2017 by Ord. No. 2017-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction code enforcement — See Ch. 260.
Special events — See Ch. 312.
General licensing — See Ch. 425.
Property maintenance — See Ch. 556.
Zoning — See Ch. 770.
[1]
Editor's Note: This ordinance also superseded former Ch. 607,
Signs, comprised of Art. I, Political Signs, adopted 9-21-1998 by
Ord. No. 98-7, as amended, and Art. II, Sign Regulations, adopted
2-3-2003 by Ord. No. 2003-01, as amended.
A.
The purpose of this chapter is to permit and regulate signs and to
minimize outdoor advertising within the City so as to protect public
safety, health and welfare; to minimize the abundance, nature, type
and size of signs to reduce visual clutter, motorist distraction,
and loss of sight distance; to promote public convenience; to preserve
property values; to support and complement the land use objectives
set forth in the City's Master Plan and Zoning Ordinance;[1] and to enhance the aesthetic appearance and quality of
life within the City. The standards contained herein are intended
to be content-neutral.
B.
These objectives are accomplished by establishing the minimum amount
of regulations necessary concerning the size, placement, construction,
illumination, and other aspects of signs so as to:
(1)
Protect the public right to receive messages, including noncommercial
messages such as religious, political, economic, social, philosophical
and other types of information protected by the First Amendment to
the United States Constitution.
(2)
Recognize that the proliferation of signs is unduly distracting to
motorists and nonmotorized travelers, reduces the effectiveness of
signs directing and warning the public, causes confusion, reduces
desired uniform traffic flow, and creates the potential for accidents.
(3)
Prevent signs that are potentially dangerous to the public due to
structural deficiencies or disrepair.
(4)
Reduce visual pollution and physical obstructions caused by a proliferation
of signs or a magnitude of illumination which would diminish the City's
image, property values, or quality of life.
(5)
Recognize that the principal intent of commercial signs should be
for identification of an establishment on the premises, and not for
advertising special events, brand names, or off-premises activities;
alternative channels of advertising, communication and media are available
for advertising which do not create visual blight and compromise traffic
safety.
(6)
Enable the public to locate goods, services and facilities without
excessive difficulty and confusion by restricting the number and placement
of signs.
(7)
Prevent the placement of signs which will conceal or obscure signs
of adjacent uses.
(8)
Regulate the size, location, etc., of a sign rather than its content.
The regulations and standards of this chapter are considered the minimum
necessary to achieve the substantial governmental interests of public
safety, aesthetics, and protection of property values, and are intended
to be content-neutral.
(9)
Prevent off-premises signs from conflicting with other allowed land
uses.
(10)
Maintain and improve the City's image by encouraging signs of
consistent size which are compatible with and complementary to related
buildings and uses, and harmonious with their surroundings.
(11)
Prohibit portable commercial signs in recognition of their significant
negative impact on traffic safety and aesthetics.
(12)
Preserve and enhance the image of the City's Central Business
District.
This chapter shall be known and may be cited as the "Sign Ordinance,
Ordinance No. 2017-09, An Ordinance To Regulate the Construction,
Repair, Alteration and Maintenance of Signs Within the City of Royal
Oak."
Words and phrases used in this chapter shall have the meaning(s)
set forth in this section. Words and phrases not defined in this section
but defined in other City of Royal Oak ordinances shall be given the
meanings set forth in such ordinance(s). All other words and phrases
shall be given common, ordinary meaning, unless the context clearly
requires otherwise.
A sign with action, motion or the appearance of action or
motion, such as flashing lights, color changes, moving parts or reflective
materials. This definition does not include revolving signs.
An ornamental overhanging structure or frame covered with
cloth or metal or other material, designed to provide shelter from
sunlight or the elements, and which structure or frame is affixed
to an exterior wall of a building in such a manner that the structure
or frame may be raised or retracted to a position against the building
or retracted so as to be within a container or device for storage.
The area of a sign face upon which copy could be placed.
Any device capable of being inflated with air, helium, or
other gas and mounted, tied or tethered in such a manner as to hold
such balloon from being carried away by the wind.
A sign produced on lightweight flexible fabric, such as canvas,
cloth, paper or similar material. Flags should not be considered banners.
Any stationary or revolving light which flashes, projects
or directs one or more beams of single- or multiple-colored light,
in any manner which, intended or not, attracts or diverts attention.
That portion of the front, side or rear exterior wall(s),
or any portion thereof, of a building which is exposed to view, including
areas of fenestration.
Any sign cut into a masonry surface or made of bronze or
other permanent material, which is constructed, affixed or otherwise
made an integral part of the building.
A permanent ornamental overhanging structure or frame, covered
with canvas, cloth or other material, affixed to and extending from
the exterior wall of a building, designed to provide shelter from
sunlight or the elements.
A sign, or portion thereof, containing changeable copy, regardless
of method of attachment, without altering the face or the surface
of the sign. A sign on which the message changes more than five times
per day shall be considered an animated sign. An animated sign shall
not be considered a changeable-copy sign for purposes of this chapter.
The actual area occupied by a message, whether or not applied to any background. Copy area is computed by straight lines drawn closest to copy extremities by the appropriate method identified in § 607-4H herein.
Incidental on-premises sign, the sole purpose of which is
to guide pedestrians or vehicular traffic.
A sign that can be electronically changed by remote or automatic
means, or that appears to change or have movement caused by any method
other than manually removing and replacing the sign or its components,
whether the apparent movement or change is in the display, the sign's
structure, or any other component of the sign. This includes any video
display, revolving, flashing, or animated displays, and displays that
incorporate rotating or swinging panels, intermittent illumination
or the illusion of such illumination, light-emitting diodes (LEDs)
manipulated through digital input, "digital ink," or any other method
or technology that allows the sign face to present a series of images.
[Added 6-12-2017 by Ord.
No. 2017-11]
The City of Royal Oak Building Official or his or her designee.
Any sign which is legally displayed on or before the effective
date of this chapter.
Lightweight flexible fabric, such as canvas, cloth, or similar
material, that is mounted to a pole or a building at one or more edges,
which is more or less subject to movement by the wind.
An illuminated sign which does not have the source of light,
be it artificial or natural, maintained stationary or constant in
intensity and color at all times when in use.
A sign not attached to a building or other improvement but
instead permanently erected upon or standing in the ground and usually
supported from the ground by one or more poles, columns, uprights,
braces or cement anchors. Freestanding signs include monument signs
but do not include portable signs.
A sign in which an artificial source of light is employed
in order to light the sign or make the message readable. This definition
includes internally and externally lighted signs.
A sign, generally informational, that has a purpose secondary
to the transmission of a commercial message for the lot on which it
is located, such as "No Parking," "Entrance," "Loading Only," "Telephone,"
or other similar directives.
A temporary or permanent sign consisting of a nonporous bag,
balloon, or other object inflated by any means. Inflatable seasonal
display items sold retail to the general public and intended primarily
for private home display are not considered inflatable signs.
A parcel of land occupied or to be occupied by a building
or buildings and any accessory buildings or any other single activity,
and which is under single ownership. A lot may consist of a lot of
record, a portion of a lot of record, a combination of complete lots
of record, a combination of complete lots of record and portions of
lots of record, or a parcel described by metes and bounds.
Any street with an existing or proposed right-of-way greater
than 66 feet.
A permanent roof-like structure attached to a building and
projecting over an outer entrance door to a building, and which projects
over public property.
A sign attached to or constructed on the face of a marquee.
A master plan of signage used in a development indicating
the maximum square footage and locations of all signs of any type
on a lot.
A freestanding sign permanently supported from the ground
by one or more poles, columns, uprights, braces or cement anchors
or a freestanding sign permanently erected to rest on the ground level
or monument base designed as an architectural unit with the sign.
A design or representation painted, drawn or sculpted on
the exterior surface of a building or other structure.
Any sign existing after the effective date of this chapter
which does not comply with one or more of the provisions for signs
as contained in this chapter.
A sign produced on lightweight flexible fabric, such as canvas,
cloth or similar material that is mounted to a pole or a building
at one or more edges and which is more or less subject to movement
by the wind.
An individual person, association of persons, firm, company,
corporation, partnership or organization of any kind.
The Planning Commission, with the power, procedures, and duties as described in § 607-16 hereof.
Including, but not limited to, a sign relating to the election
of a person to public office, a political party, or an issue to be
voted on at an election called by a public body.
A sign not permanently mounted or affixed to the ground,
building or structure, which is designed to be transported or moved,
including, but not limited to, the following: signs attached to a
support structure with wheels; trailer signs; A-frame or T-frame signs;
signs mounted on a vehicle, parked and visible from a right-of-way,
except when the vehicle is being used in normal day-to-day operations;
menu and sandwich boards; beacon and searchlight stands; and balloons
or inflatable caricatures.
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but storage buildings, garages
and other clearly accessory uses or structures shall not be considered
principal buildings.
A sign which is supported by a building wall, and which has
its copy area oriented perpendicular to the building wall supporting
it; or secondly, a sign, any part of which extends more than 12 inches
from the building wall.
A sign or sign structure that rotates or gives the appearance
or optical effect of rotating.
A sign erected upon or above a roof or parapet wall of a
building and which is wholly or partially supported by said building.
The distance from a lot line to the nearest part of the applicable
building, structure or sign measured perpendicularly to the lot line.
A sign placed on the ground that is not permanently mounted
or affixed, which is not designed to be transported or moved while
on display.
A name, identification, description, display, or illustration
which is affixed to, painted, or represented directly or indirectly
upon a building or other outdoor surface which directs attention to,
or is designed or intended to direct attention to, the sign face or
to an object, product, place, activity, person, institution, organization,
or business. For purposes of this chapter, any work of art or creative
artistic expression designated by the City Commission as "public art"
based upon a recommendation from the Royal Oak Commission for the
Arts shall not be considered a sign.
[Amended 6-12-2017 by Ord. No. 2017-11]
The background and copy area of a sign which can be seen
when viewed from a direction perpendicular to the background and copy
area.
A structure used or intended to be used to support a sign,
with or without a sign thereon; provided, however, that this definition
shall not include a building facade or boundary fence or wall.
The entire width between lot lines of every way publicly
maintained when any part thereof is open, or may be opened, to the
use of the public for purposes of vehicular travel or as a principal
means of access to abutting property.
A sign which is not constructed or intended for long-term
use or permanently mounted or affixed to the ground, a building, or
a structure.
[Amended 6-12-2017 by Ord. No. 2017-11]
A sign with a copy area supported on a mobile chassis, other
than a motor vehicle.
A lighted or unlighted sign attached to the underside of
a marquee.
A sign which is affixed to a building facade and which does
not extend beyond any horizontal or vertical end of the wall surface
on which it is affixed, nor projects more than 12 inches from the
building facade, and which has its copy area located so as to be parallel
to the wall upon which it is affixed.
The actual total window square footage, calculated from the
summation of individual window panels, taken from all facades of any
building or other site improvement.
Any sign within a building placed within 12 inches of a window
or upon a window pane and that is visible from the exterior of the
building.
A.
A sign may be erected, placed, established, painted, created or maintained
in the City of Royal Oak only in conformance with the restrictions,
procedures, standards, exemptions and requirements of this chapter.
B.
All signs shall be so placed as to not interfere with the visibility
or effectiveness of any official traffic sign or signal, or with a
driver's vision of any access point to a street or street intersection,
or to otherwise constitute a visual obstruction to motorists traveling
along, entering or leaving streets.
C.
Freestanding and monument sign height shall be measured from the
existing grade level adjacent to a proposed sign to the upward-most
extremity of the sign.
D.
No sign shall be erected, relocated or maintained so as to hinder
ingress to or egress from any door, window or fire escape or prevent
ventilation.
E.
Wall signs shall not extend beyond the horizontal or vertical ends
of the wall surface on which they are affixed, nor project more than
12 inches from the building facade. No wall sign shall be attached
to a building facade at a height of less than eight feet above a public
sidewalk and at a height of less than 15 feet above public driveways,
alleys and streets.
F.
In no case shall any sign exceed a level of illumination of 0.08
footcandle and a luminance brightness of 2,400 Lambert, when measured
at the property line.
G.
Signs may be located upon awnings or canopies in lieu of either a
wall sign or a window sign, but not both, in those sign areas that
permit wall or window signs, under the same conditions and criteria
imposed upon the wall or window sign. Awnings or canopies with signs
located thereon may project further than 12 inches from the building
facade; however, no such sign shall project from the surface of the
awning or canopy, and must be an integral part of the awning or canopy;
nor shall any sign be located upon the end panels of any awning or
canopy. The area of an awning or canopy sign shall be determined using
the same method utilized for a sign without a defined background.
H.
The area of a sign is computed as follows:
(1)
For a sign having a defined background area, the size of the sign
shall be measured as the total area of the defined background. For
all shapes of defined background area other than square, rectangular,
oval or circular, the size of the sign shall be measured as the area
of the smallest square, rectangle, oval or circle which encloses the
entire defined background.
(2)
For a sign without a defined background area, such as individual
letters or symbols mounted directly on a building wall or applied
to an awning or canopy, the size of the sign shall be measured as
the area of the smallest square, rectangle, oval or circle which encloses
the entire undefined background; e.g., the individual letters or symbols.
(3)
Where the elements of a single sign are located on two or more canopies
or awnings, the size of the sign shall be the accumulative total of
the area of each awning or canopy measured as if they were individual
signs.
I.
Sign area map.
(1)
The sign areas as provided in §§ 607-5 through 607-7 of this chapter are bounded and defined as shown on the map entitled "Sign Area Map of the City of Royal Oak." The Sign Area Map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this chapter.
(2)
Regardless of the existence of purported copies of the Sign Area
Map which may be published, a true and current copy of the Sign Area
Map available for public inspection shall be located in and maintained
by the office of the City Clerk. The Clerk's copy shall be the final
authority as to the current status of any land in the City in regards
to its designated sign area.
(3)
Where uncertainty exists with respect to the boundaries of any of
the sign areas indicated on the Sign Area Map, the following rules
shall apply:
(a)
A boundary indicated as approximately following the center line
of a highway, alley, or easement shall be construed as following such
center line.
(b)
A boundary indicated approximately following a recorded lot
line or the line bounding a parcel shall be construed as following
such line.
(c)
A boundary indicated as approximately following a municipal
boundary line shall be construed as following such line.
(d)
A boundary indicated as following a railroad line shall be construed
as being located midway in the right-of-way.
(e)
A distance not specifically indicated on the official Sign Area
Map shall be determined by the scale of the map.
In Sign Area 1, the following signs are permitted:
B.
Monument signs, provided the following conditions are met:
(1)
Each lot is permitted one monument sign.
(2)
The maximum height of the monument sign shall be five feet, and the
maximum area of the sign shall be 30 square feet for a single-face
sign and 60 square feet for signs of two or more faces.
(3)
The monument sign shall be set back a minimum distance of 10 feet.
(4)
Where the lot frontage on a major street exceeds 300 feet, the number
of monument signs may be increased by one for each additional 300
feet of frontage or portion thereof.
(5)
The maximum height of a monument sign may be increased by one foot
and/or the maximum size by six square feet for a single-face sign
or 12 square feet for signs of two or more faces if both the following
conditions are met:
(a)
The sign is completely surrounded by a landscaped area, the
plans for which have been prepared and sealed by a registered landscape
architect, or architect.
(b)
The sign consists of individual characters mounted on, or carved
into, a background constructed of brick, stone, wood, or other natural
material as may be approved by the Planning Commission.
In Sign Area 2, the following signs are permitted:
B.
Freestanding or monument signs, provided the following conditions
are met:
(1)
Each lot is permitted one freestanding or monument sign.
(2)
The maximum height of the freestanding or monument sign shall be
16 feet, and the maximum area of the sign shall be 42 square feet
for a single-face sign and 84 square feet for signs of two or more
faces.
(3)
Where the lot frontage on a major street exceeds 300 feet, the number
of freestanding or monument signs may be increased by one for each
additional 300 feet of frontage or portion thereof; or the area of
a single freestanding sign may be increased up to 84 square feet for
a single-face sign and 168 square feet for signs of two or more faces,
and the height increased up to 24 feet.
(4)
Flashing or moving lights, moving parts, or animation may be incorporated
into a freestanding or monument sign when approved as part of a master
signage plan by the Planning Commission for sites with frontage along
Woodward Avenue, in recognition of Woodward Avenue's status as a Heritage
Route and a National Scenic Byway.
C.
Window signs, provided the number of window signs shall not exceed
one in each window, and the maximum area of each window sign shall
not exceed 15% of each window area.
D.
Electronic
message centers, provided the following conditions are met:
[Added 6-12-2017 by Ord.
No. 2017-11[1]]
(1)
An
electronic message center shall not contain any visible moving parts,
revolving parts, or mechanical movement of any description or other
apparent visible movement, including intermittent electrical pulsation
or by action of normal wind currents, except for electronic messages.
(2)
A single, continuous electronic message may be permitted on each
sign face. Electronic messages may occupy all of the actual copy and
graphic area of the electronic message center.
[Amended 2-12-2018 by Ord. No. 2018-01]
(3)
The
images and messages displayed must be static or still images. Animation,
video streaming, moving images, or other pictures and graphics displayed
in a progression of frames that give the illusion of motion or moving
objects shall be prohibited.
(4)
The
transition from one static image or message to another on an electronic
message shall be instantaneous without any delay or special effects
accomplished by varying the light intensity or pattern, where the
first message gradually reduces intensity or appears to dissipate
and lose legibility simultaneously with the gradual increase in intensity,
appearance and legibility of the second message, such as, but not
limited to, flashing, blinking, spinning, revolving, shaking, zooming,
fading, dissolving, scrolling, dropping, traveling, chasing, exploding,
or similar effects that have the appearance of movement, animation,
changing in size, or being revealed sequentially rather than all at
once.
(5)
An
electronic message shall have a minimum duration of 30 seconds, except
for changes that are necessary to correct time, date, and/or temperature
information. Time, date, and/or temperature information shall be considered
one electronic message and may not be included as a component of any
other electronic message.
(6)
Electronic
messages shall be designed and equipped to freeze the device in one
position if a malfunction occurs. The displays must also be equipped
with a means to immediately discontinue the display if it malfunctions,
and the sign owner must immediately stop the electronic message when
notified by the City that it is not complying with the standards of
this section.
(7)
Audio
speakers shall be prohibited in association with any electronic message.
(8)
An
electronic message center shall automatically dim.
(9)
An
electronic message center shall be a freestanding sign. The maximum
area of the sign shall be 50% of the maximum area of a freestanding
sign that is not an electronic message center, with an aspect ratio
of 16:9 or less.
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
In Sign Area 3, the following signs are permitted:
B.
Projecting signs, in recognition of the pedestrian-oriented nature
of the downtown, provided the following conditions are met:
(1)
Each projecting sign shall consist of a background area, which shall
be affixed to a separate support arm(s), which shall be affixed to
a building facade. The background area shall not be directly affixed
to the building facade, but shall be affixed only to the support arm(s).
(2)
The maximum background area of a projecting sign shall be four square
feet.
(3)
A projecting sign may have suspended therefrom a supplemental sign.
The supplemental sign shall not exceed 1/2 square foot in area.
(4)
The bottom of the projecting sign, including any supplemental sign
and support arm(s), shall be at least eight feet above the adjacent
public right-of-way, and the top of the sign, including support arm,
shall not be greater than 12 feet above the adjacent public right-of-way.
(5)
A projecting sign, including all support arms, may not extend from
a building facade more than 30 inches.
(6)
A projecting sign may not be internally illuminated.
(7)
A projecting sign and a sidewalk sign may not be displayed at the
same location.
C.
Window signs, provided the number of window signs shall not exceed
one in each window, and the maximum area of each window sign shall
not exceed 10% of each window area.
D.
Sidewalk signs, as follows:
(1)
On private property, subject to compliance with specifications for
sidewalk signs promulgated by the City.
(2)
On public property, pursuant to a license agreement with the City
(including compliance with specifications for sidewalk signs promulgated
by the City).
(3)
The City Manager or his designee is authorized to grant a variance
from specifications for sidewalk signs promulgated by the City where,
due to unique characteristics of the property, the strict application
of those specifications would result in practical difficulties to
the advertiser; provided, however, that such relief would do substantial
justice to all properties in the immediate area.
Signs specified in this section are permitted at all locations
throughout the City of Royal Oak, except as noted, but are subject
to the conditions and limitations set forth in this section. Permits
are not required unless otherwise indicated.
A.
Building or house address. Any sign which sets forth the house or
building address, provided such signs shall be displayed and clearly
visible from the street to which it has been assigned, and placed
in accordance with the City's Property Maintenance Code.[1]
B.
Building markers. A building marker shall not exceed an area of 30
square feet on each building facade.
C.
Flags. Flags, as defined herein, provided their size does not exceed
the wind load capacity of the pole or other anchoring structure to
which they are attached, as determined by the Building Official. Poles
or other anchoring structures shall be constructed in accordance with
the City's Building Code.
D.
Institutional uses.
(1)
Wall signs for uses such as churches, schools, community centers,
day care, health care and other permitted institutional uses shall
be permitted, provided the following conditions are met:
(a)
The area of all permitted signs shall not exceed 20 square feet
on each building facade fronting on a street.
(b)
Wall signs for nonresidential developments shall not be internally
illuminated unless the sign is located upon a building facade which
faces a major street.
(c)
A permit is required for a wall sign for an institutional use.
(2)
Monument signs for institutional uses, as defined above, shall be
permitted, provided the following conditions are met:
(a)
Each lot is permitted to have one sign, provided it has frontage
on a major street. Any monument sign so permitted shall be oriented
toward the major street.
(b)
The maximum height of the monument sign shall be five feet,
and the maximum area of the sign shall be 25 square feet for a single-face
sign and 50 square feet for signs of two or more faces.
(c)
The monument sign shall be set back a minimum distance of 10
feet.
(d)
Monument signs for nonresidential developments shall not be
internally illuminated unless the sign is adjacent to a major street.
(e)
A permit is required for a monument sign for an institutional
use.
E.
Multiple-family residential uses.
(1)
Wall signs for multiple-family residential developments shall be
permitted, provided the following conditions are met:
(a)
Each development with four or more dwelling units shall be permitted
one wall sign per frontage on a major street, which sign shall be
oriented toward the major street.
(b)
The area of each permitted sign shall not exceed two square
feet for each dwelling unit in the development to a maximum of 20
square feet.
(c)
Wall signs for residential developments shall not be internally
illuminated.
(d)
A permit is required for a wall sign for a multiple-family residential
use.
(2)
Monument signs for multiple-family residential developments shall
be permitted, provided the following conditions are met:
(a)
Each development with 12 or more dwelling units shall be permitted
one monument sign, provided it has frontage on a major street. Any
monument sign so permitted shall be oriented toward the major street.
(b)
The maximum height of a monument sign shall be five feet, and
the maximum area of the sign shall be 25 square feet for a single-face
sign and 50 square feet for signs of two or more faces.
(c)
The monument sign shall be set back a minimum distance of 10
feet.
(d)
Monument signs for residential developments shall not be internally
illuminated.
(e)
A permit is required for a monument sign for a multiple-family
residential use.
F.
Pennants, provided the following requirements are met:
(1)
Pennants must be securely affixed to a building facade. Pennants
placed directly into the ground or upon light poles, etc., are prohibited.
(2)
No part of a pennant shall be lower than a height of eight feet or
greater than a height of 15 feet above a public sidewalk. No pennant
shall project more than four feet into a public right-of-way used
for sidewalk purposes. No pennant shall project over any part of a
public right-of-way used for street or alley purposes.
(3)
No pennant shall exceed a maximum size of nine square feet.
(4)
For nonresidential uses of property, one pennant shall be permitted
for each 10 feet of building facade fronting a major street, up to
a maximum of six pennants per lot.
G.
Private traffic direction signs and other incidental signs. Signs
directing traffic movement onto a lot or within a lot, when such signs
are located on the lot, do not exceed five square feet in area for
each sign, and, if freestanding, do not exceed three feet in total
height. Such signs are considered to include parking directions, exit
or entrance signs, drive-up window signs, restroom signs, and the
like. Horizontal directional signs flush with paved areas are exempt
from these standards.
H.
Public signs. Signs of a public nature, to include safety signs,
danger signs, trespassing signs, traffic signs, signs indicating scenic
or historical points of interest, memorial plaques, and the like,
and all signs erected by or on order of a public officer in the performance
of a public duty.
I.
Temporary signs. Including, but not limited to, signs advertising
property currently for sale or lease, signs advertising an on-going
garage or estate sale, and political signs.
J.
Underground public utility warning signs. Standard types of warning
signs marking the routes of underground public utility pipes, conduits
and cables.
K.
Vehicle signs. Signs painted on or attached to vehicles which are
licensed and used upon public streets for transportation of persons,
goods or equipment are permitted.
In addition to other permitted signage, and in order to meet the special circumstances of some land uses, the following special provisions shall apply to each use as it is permitted and defined by Chapter 770, Zoning.
A.
Filling stations.
(1)
Structures customarily erected to provide light and shelter to gasoline
pump islands shall be permitted one wall sign, not exceeding eight
square feet in area, to be located upon each structure fascia; provided,
however, that the total accumulative area of all such signs shall
be included as part of the maximum wall sign area permitted on the
lot for the building facades fronting on a major street.
(2)
Product price signs may be provided under the following conditions:
(a)
Each lot is permitted one product price sign.
(b)
The maximum area of the product price sign shall not exceed
25 square feet per sign face. This is in addition to the maximum area
permitted for any other signage.
(c)
A product price sign must be an integral part of another monument
sign or be attached to a building facade.
(3)
Customary lettering and data required by law shall be permitted on
a gasoline pump.
B.
Drive-through restaurants (i.e., those where the ordering or pickup
of food products occurs out-of-doors or from an automobile):
C.
Time-and-temperature or stock market display signs.
(1)
No such sign shall exceed the height of the building to which it
is accessory, nor an area of 40 square feet per sign face. Such signs
shall be maintained in proper working order. Cycle time shall not
be less than 10 seconds.
D.
Theater-hotel marquee.
E.
Merchandise showcase signs.
(1)
Where outdoor showcase racks are permitted, such racks or showcases
shall be limited to one sign not exceeding 10% of the largest visible
face area and shall comply with the placement requirements set forth
for monument signs.
F.
Vending machines and structures used for storage and sale of ice
and/or beverages.
G.
Automobile sales agencies and showrooms. In addition to other permitted
signage, the following shall apply to automobile sales agencies:
(1)
Such agencies shall be permitted a maximum of two additional monument
signs to identify other services provided on the lot, such as used
car/truck sales. Each additional sign shall not exceed 25 square feet
in area and a height of five feet.
(2)
Where an agency sells the new products of more than one manufacturer,
one additional monument sign shall be permitted for each manufacturer.
Each additional sign shall not exceed 42 square feet per sign face,
and a height of six feet. One additional wall sign shall be permitted
on each building facade for each additional manufacturer; provided,
however, that the total maximum area for wall signs on each facade
does not exceed 5% of the building face or 100 square feet.
H.
Large single-use buildings. A building with a single occupant, which
has a gross floor area greater than 60,000 square feet, shall be permitted
to increase the wall sign maximum square footage listed for the particular
sign area in which it is located by a maximum of 50%.
I.
Shopping center sign. A freestanding sign is permitted in Sign Area
2, provided the following conditions are met:
(1)
Election to erect signs authorized under this section precludes the
erection of any other freestanding signs.
(2)
The maximum area of a shopping center sign is 42 square feet for
a single-face sign and 84 square feet for a sign of two or more faces.
(3)
The maximum height of any shopping center sign is 16 feet.
(4)
Where the lot frontage on a major street exceeds 300 feet, an additional
freestanding sign may be permitted for each additional 300 feet of
frontage or portion thereof; or the area of a single freestanding
sign may be increased up to 84 square feet for a single-face sign
and 168 square feet for signs of two or more faces, and the height
increased up to 24 feet.
(5)
One shopping center sign is permitted per frontage on a major street
that provides direct vehicular access to the shopping center.
K.
One-family
and two-family residential uses. Temporary signs with a maximum area
of six square feet are permitted on property lawfully used for one-
and two-family residential uses.
[Added 6-12-2017 by Ord.
No. 2017-11]
The following signs shall not be permitted, erected or maintained
at any location within the City, notwithstanding any other provision
of this chapter:
A.
A sign not expressly permitted is prohibited.
B.
Signs which incorporate, in any manner, flashing or moving lights,
except as otherwise permitted in this chapter.
C.
Banners, spinners, and streamers.
D.
String lights, but specifically excluding seasonal decorative displays.
E.
Any sign which has any visible moving part, visible revolving part,
or visible mechanical movement of any description, or other apparent
visible movement, including intermittent electrical pulsations, or
by action of normal wind currents. Automatic change-of-message with
cycle time of less than 30 seconds is expressly prohibited.
[Amended 6-12-2017 by Ord. No. 2017-11]
F.
Roof signs.
G.
Beacons, except as may be authorized by a special event permit.
H.
Signs projecting over or located in the public right-of-way, other
than as may be permitted in Sign Area 3.
I.
Portable signs, except as otherwise permitted in this chapter.
J.
Any sign or sign structure which:
K.
Any sign which, by reason of its size, location, color, or manner
of illumination, constitutes a traffic hazard or a detriment to traffic
safety by obstructing the vision of drivers, or by obstructing or
detracting from the visibility of any traffic sign or control device
on public streets.
L.
Any sign which obstructs free ingress to or egress from a door, window,
fire escape or other exitway.
M.
Any sign or other advertising structure containing any obscene message,
pursuant to state statute.
N.
Any sign unlawfully installed, erected or maintained.
O.
Any sign painted upon the wall of a building, fence or screening
wall.
P.
Any sign which is attached to a tree, utility pole or other structure
not intended to support a sign as defined in this chapter.
Q.
Inflatable signs and tethered balloons.
R.
Lighting
used as a permanent architectural detail or enhancement surrounding
windows and doors, including, but not limited to, unshielded luminous
tubes (i.e., neon or argon lights), fluorescent light fixtures, fiber-optic
lights, light-emitting diodes, or bare light bulbs, but specifically
excluding seasonal decorative displays.
[Added 7-24-2023 by Ord. No. 2023-05]
A.
Permits required.
(1)
Except as otherwise provided in this chapter, it shall be unlawful
for any person to erect, alter, or relocate within the City any sign
as defined herein without first obtaining a permit therefor from the
enforcement official, and making payment of any fee required. For
purposes of this section, "alter" shall include replacing a sign face
or a sign panel.
[Amended 6-12-2017 by Ord. No. 2017-11]
(2)
To erect, alter or relocate any sign requiring a permit, application
shall be made upon forms provided by the enforcement official, which
application shall contain the following information:
(a)
Name, address and telephone number of the applicant, property
owner and owner or person(s) entitled to possession of the sign.
(b)
Location of building, structure, or lot on which the sign(s)
are to be erected, altered or relocated.
(c)
Position of the sign in relation to nearby buildings, structures
and property lines.
(d)
Two drawings of the plans and specifications and method of construction
and attachment to the building or in the ground.
(e)
Copy of stress sheets and calculations, if deemed necessary,
showing the structure as designed for dead load and wind pressure.
(f)
Name and address of the person, firm, corporation or association
erecting the structure.
(g)
Any electrical permit required and issued for said sign.
(i)
Such other information as the enforcement official may require
to show full compliance with this and all other applicable laws of
the City of Royal Oak and State of Michigan.
B.
Permit fees. A fee shall be paid for the issuance of sign permits
in accordance with a schedule of fees, which shall be adopted and
amended from time to time by the City Commission. Such schedule of
fees shall be designed to reimburse the City for all of its direct
costs incurred in the inspection and regulations of signs and the
issuance of permits.
A.
A master signage plan shall be submitted to the Planning Department whenever a building or structure shall be erected, converted to other use or structurally altered so as to require site plan review pursuant to Chapter 770, Zoning. The master signage plan shall be subject to the review and approval of the Planning Commission in the course of its site plan review process.
B.
The master signage plan shall show the size and location of all signs
existing upon a lot at the time site plan review is requested, the
removal of all signs not in compliance with this chapter, and the
size and location of all new signs to be placed upon the lot. The
Planning Commission shall approve a master signage plan in conformance
with this chapter; however, in reviewing the master signage plan for
compliance with this chapter, the Planning Commission may further
restrict the location, number, or size of sign(s) if it finds such
action necessary to prevent the placement of signs in a manner which
will conceal or obscure other signs, directional and/or warning, or
signs of adjacent businesses.
No person shall engage in the business of erecting, repairing
or dismantling of signs for which sign erection permits are required
by this chapter without first being licensed as an authorized sign
erector.
A.
License fee. The City Commission shall by resolution from time to
time establish fees for examinations, licenses, registrations, permits
and inspections required by this chapter. Such fees shall not exceed
the cost of processing, inspection, supervision, and other related
costs of regulation. The fees shall be paid into the City Treasury.
B.
Insurance. Permits may be issued to sign erectors only under the
following conditions:
(1)
Insurance certificates. The company making application shall provide
the City with a certificate of liability insurance, with the form
and amount of coverage subject to the prior approval of the City.
(2)
Lapsing of insurance. If, at any time, the insurance of any sign
erector is permitted to lapse, the right to obtain permits shall automatically
be revoked.
(3)
Notification of change. A sign erector shall notify the enforcement
official of any change in address and, if a firm or corporation, any
change in ownership or management if other than that indicated on
the insurance certificates.
Requirements concerning details of construction, materials,
loads and stresses are governed by the provisions of the State of
Michigan Construction Code, as amended, and every sign shall be erected
and maintained in compliance with such provisions.
A.
Combustible materials. Any sign for which a permit is required shall
be constructed of approved fire-retardant material, except that combustible
structural trim may be used thereon.
B.
Fastenings. Signs attached to masonry, concrete or steel shall be
safely and securely fastened thereto by means of metal anchors, bolts,
or approved expansion screws of sufficient size and anchorage to support
safely the loads applied. All building fastenings must be of galvanized
noncorrosive materials.
C.
Windloads. For the purpose of design, wind pressure shall be taken
upon the gross area of the vertical projection of all signs and sign
structures at not less than 25 pounds per square foot for those structures
above ground. In calculating wind pressure on curved surfaces such
as cylindrical or spherical signs or sign structures, this pressure
shall be assumed to act on 6/10 of the projected area. In all open-frame
signs or sign structures, the area used in computing wind pressure
shall be 1/2 times the net area of the framing members exposed to
the wind.
It is the legislative intent to recognize that the eventual
elimination of existing signs that are not in conformity with the
provisions of this chapter is a valid objective of the police power,
but it is also the legislative intent that such elimination of nonconforming
signs shall be brought about over a period of time and in such manner
as to avoid the invasion of vested rights of owners of nonconforming
signs and the infliction of unnecessary hardship. The provisions of
this section shall be construed to that end.
A.
Maintenance of nonconforming signs. Signs rendered nonconforming
by the provisions of this chapter shall be maintained in a condition
of good repair until removed pursuant to the provisions of this chapter,
but no such nonconforming sign shall:
[Amended 6-12-2017 by Ord. No. 2017-11]
(1)
Be changed to another nonconforming sign. Replacing a sign face or
a sign panel shall be considered a change to another nonconforming
sign.
(2)
Be structurally altered or changed in shape, size, type or design.
(3)
Be repaired or replaced after damage or destruction if the expense
of repair exceeds 50% of the cost of replacing or duplicating the
existing sign.
(4)
Continue to be used or allowed to remain in place following any activity that requires site plan review by the Planning Commission, according to Chapter 770, Zoning.
(5)
Continue to be used or allowed to remain in place following the installation
of any additional signage on the same premises following the effective
date of this section.
B.
Due to their demonstrated historical significance and considering their integral nature to the building on which they are attached, the provisions of § 607-15A(3) through (5) shall not apply to any of the following signs which may have become nonconforming with the adoption of this chapter:
A.
Compliance. The Building Official or his or her designee may inspect
any sign to determine whether it conforms to the provisions of this
chapter. Any person who erects, constructs, builds or causes to be
erected, built, or constructed a sign or who owns or leases property
upon which a sign is located shall permit the Building Official or
his or her designee access to inspect said sign to determine whether
it complies with the provisions of this chapter.
B.
Violations. Failure to comply with any written notice from the Building
Official or his or her designee shall be deemed a violation of this
chapter.
C.
Appeals. Appeal from the decision of the Building Official shall
be permitted to the Planning Commission in a manner and in conformance
with the rules promulgated by the Planning Commission.
D.
Variances.
(1)
Upon an appeal, the Planning Commission is authorized to grant a
variance from the strict provisions of this chapter, whereby extraordinary
or exceptional conditions of such property, the strict application
of the regulations enacted would result in peculiar or exceptional
practical difficulties to or exceptional undue hardship upon the owner
of such property, provided such relief may be granted without substantial
detriment to the public good and without substantially impairing the
intent and purpose of this chapter.
(2)
In granting a variance, the Planning Commission may attach thereto
such conditions regarding the location, character and other features
of the proposed signs as it may deem reasonable in furtherance of
the purpose of this chapter. Further, in granting a variance, the
Planning Commission shall state the grounds upon which it justifies
the granting of a variance as outlined below. When granting any variance,
the Planning Commission must ensure that the spirit of this chapter
is observed, public safety secured, and natural resources protected.
The Planning Commission shall determine that the variance approval,
either as proposed by the applicant or as otherwise determined by
the Planning Commission based upon the record, is the minimum relief
necessary in order to achieve substantial justice.
(3)
The applicant must present evidence to show that, if this article
is applied strictly, unnecessary hardship and/or practical difficulties
to the applicant will result, based upon the following criteria:
[Amended 6-12-2017 by Ord. No. 2017-11]
(a)
That the property could not reasonably accommodate a sign permitted
at that specific location;
(b)
That the appeal results from exceptional and unique circumstances
peculiar to the property and not from general neighborhood or City-wide
conditions, including unique architectural character of the building
or innovative techniques that are determined not to be detrimental
to the building or the character of the area;
(c)
That the sign requested by the variance would not alter the
essential character of the area;
(d)
That the alleged hardships and practical difficulties, or both,
which will result from a failure to grant the variance include substantially
more than mere inconvenience or monetary concern;
(e)
That the alleged hardship has not been created by the petitioner
or any other person presently having an interest in the property;
(f)
That the variance would do substantial justice to the applicant
as well as to other property owners in the immediate vicinity that
would be affected by granting the variance, considering the public
benefits intended to be secured by this chapter, and the individual
hardship that will be suffered by a failure of the Planning Commission
to grant a variance; and
(g)
That a lesser relaxation than that requested would not give
substantial relief to the owner of the property or be more consistent
with justice to other property owners.
(4)
The above findings of fact shall be made by the Planning Commission,
which is not empowered to grant a variance without an affirmative
finding of fact on the categories above. Every finding of fact shall
be supported in the record of the proceedings of the Planning Commission.
Nothing contained herein shall be construed to empower the Planning
Commission to change the terms of this chapter or to add to the signs
permitted at any location.
(5)
Appeal procedure.
(a)
Appeals shall be commenced by a person filing a notice of appeal
with the Building Official, on a form to be supplied by the Building
Official. The notice of appeal shall specify the particular grounds
upon which the appeal is based and shall be signed. It shall also
specify the regulations from which a variance is sought and the nature
and extent of such variance.
(b)
The Planning Commission shall fix a reasonable time for hearing
of appeals and shall give due notice thereof to all owners of record
of real property adjacent to the premises in question, such notice
to be delivered personally or by mail addressed to the respective
owners at the address given in the last assessment roll.
(c)
Any person shall be accorded the right to appear in person or
be represented by a duly authorized agent.
(d)
The Planning Commission shall prepare an official record for
each appeal and shall base its decision on the record. The official
record shall include the following:
[1]
The relevant administrative records and the administrative orders
issued thereon relating to the appeal.
[2]
The notice of appeal.
[3]
Such documents, exhibits, photographs or written reports as
may be submitted to the Planning Commission for its consideration.
[4]
The requisite written findings of fact, the conditions attached,
and the decisions and orders by the Planning Commission in disposing
of the appeal shall be entered onto the official record after they
have been signed by the Building Official and after written notice
of the disposition of the appeal has been served, either in person
or by mail, upon the parties to the appeal, the Building Official
and the City Clerk. The Building Official shall, within 10 days after
the date the Planning Commission reached its final decision on an
appeal, sign the necessary order to effectuate the decision of the
Planning Commission.
[5]
A copy of the official record of an appeal shall be made available
for the parties to the appeal upon request and after the payment of
such fee therefor as may be provided by the rules and regulations
of the Planning Commission.
A.
The enforcement official is hereby authorized and directed to administer
and enforce all the provisions of this chapter and to establish rules
and regulations incidental thereto. Whenever necessary, the officials
of other departments of the City shall give such assistance as is
consistent with the usual duties of their respective departments.
Upon presentation of proper credentials, the enforcement official
or his duly authorized representative may enter at reasonable times
any premises when necessary to perform any duty imposed upon him by
this chapter.
B.
Notice.
(1)
Whenever it shall appear to the enforcement official that any sign
has been constructed or erected, or is being maintained in violation
of any of the terms of this chapter, or after a permit for a sign
has been revoked or become void, or that a sign is unsafe or in such
condition as to be a menace to the safety of the public, the enforcement
official shall issue a notice in writing to the owner, agent or lessee
registered with the City of the premises upon which the sign is erected
or maintained. If no owner, agent or lessee has been registered, then
the notice shall be directed to each owner of or party of interest
in the building in whose name the property appears on the latest tax
assessment records.
(2)
Such notice shall be in writing and shall be served upon the person
to whom it is directed personally, or in lieu of personal service
may be mailed by certified mail, return receipt requested, addressed
to such owner or party of interest at the address shown on the tax
records, at least 10 days before the date of the hearing described
in the notice. If any person to whom a notice is directed is not personally
served, in addition to mailing the notice, a copy thereof shall be
posted upon a conspicuous part of the building or sign.
(3)
Such notice shall inform such person of the violation and shall direct
him to make such alteration, repair, or removal as necessary to secure
compliance with this chapter, within a reasonable time limit which
shall not be less than 20 days nor more than 90 days.
(4)
Upon failure of the sign owner to comply with the terms of the notice
of violation, the enforcement official is authorized and empowered
to remove, alter, or repair the sign in question so as to make it
conform to this chapter, and the expenses for such work shall be assessed
against the premises in the manner provided in the City Charter.
(5)
Except as otherwise provided, the enforcement official may remove or cause to be removed a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. The City Commission finds that sidewalk signs in the public right-of-way that do not conform with the requirements of § 607-7D present an immediate threat to the safety of the public, and therefore may be removed without notice to the owner.
C.
Signs may be inspected periodically by the enforcement official for
compliance with this chapter and with other ordinances of the City.
All signs and their component parts are to be kept in good repair
and in safe, sanitary condition.
Notwithstanding any provision, standard, or regulation in this
chapter to the contrary, a noncommercial message may be substituted,
in whole or in part, for any commercial message on any sign permitted
pursuant to this chapter. If a noncommercial message is substituted,
the sign must still comply with the provisions, standards and regulations
of this chapter applicable to the original sign prior to any substitution.
The purpose of these provisions is to prevent any inadvertent favoring
of commercial speech or messages over noncommercial speech or messages.
It shall be unlawful for any person to erect, construct, maintain,
enlarge, alter, move or convert any sign in the City of Royal Oak,
or cause or permit the same to be done, contrary to or in violation
of any of the provisions of this chapter. Every day a violation exists
shall constitute a separate offense.
A.
A person violating this chapter for the first time is responsible
for civil infraction and is subject to a civil fine of not less than
$100, plus the cost of prosecution and any other costs permitted by
law.
B.
A person violating this chapter for the second time is responsible
for a civil infraction and is subject to a civil fine of not less
than $250, plus the cost of prosecution and any other costs permitted
by law.
C.
A person violating this chapter for the third time is responsible
for a civil infraction and is subject to a civil fine of not less
than $500, plus the cost of prosecution and any other costs permitted
by law.
D.
A person violating this chapter for the fourth or subsequent time
is guilty of a misdemeanor, punishable by a fine of not more than
$500 and imprisonment for not more than 90 days, plus the cost of
prosecution and any other costs permitted by law.
E.
In addition
to any penalties provided for herein, the court shall be authorized
to issue any judgment, writ or order necessary to enforce or enjoin
further violation of this chapter.
[Added 6-12-2017 by Ord.
No. 2017-11]
