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Township of Three Oaks, MI
Berrien County
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It is the intent of this article to regulate signs in Three Oaks Township so as to protect public health and safety and to promote the public welfare. This is accomplished by regulating the size, placements, relationship, construction, illumination, and other aspects of signs in Three Oaks Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of these regulations is to:
A. 
Protect the public health, safety and welfare of residents and visitors and to protect the natural beauty and distinctive character of Three Oaks Township.
B. 
Protect all zoning districts from visual clutter.
C. 
Eliminate distractions hazardous to vehicular traffic.[1]
[1]
Editor's Note: Original Subsection 4 of Sec. 14.02, regarding protection from too many and too-large signs, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Provide ability for the public to identify premises and establishments.
E. 
Encourage creativity of sign design.
F. 
Enhance the aesthetics of the community.
G. 
Prevent signs which are potentially dangerous to the public due to structural deficiencies or disrepair.
A. 
All signs, in addition to the requirements of this chapter, must comply with the adopted building and electrical codes of Three Oaks Township.[1]
[1]
Editor's Note: See Ch. 135, Construction Standards and Enforcement, Arts. I and II.
B. 
Sign area. The area of a sign shall be measured within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message, together with any frame or other material or color forming an integral part of the display, message, drawing, or similar device, or used to differentiate same from the background against which it is placed, excluding the necessary supports, braces and uprights of the sign.
C. 
Sign setbacks. Signs in any residential district shall be set back a minimum of 1/2 the minimum required front yard setback. All signs in the Commercial or Industrial Districts shall be set back a minimum of two feet from the property line or right-of-way line, whichever is greater; provided, however, no sign shall be located where, in the opinion of the Zoning Administrator, it will obstruct clear visibility.
D. 
Height. The height of the uppermost portions of ground-mounted signs shall not exceed eight feet in height in all districts except the AG-RR, R-1, R-2, R-3 and R-4 Districts, where the uppermost portions of such signs shall not exceed six feet.
E. 
Illumination. Internally lit and externally lit signs shall comply with the following requirements:
(1) 
Illumination shall not be flashing, blinking, intermittent or an on-and-off type of lighting.
(2) 
Externally provided illumination shall be arranged so that light is deflected away from adjacent properties so that no direct sources of light shall be visible to any motorist or pedestrian located in a public right-of-way, road or street easement or from any land in a residential district or used for residential purposes.
(3) 
External lighting of signs shall be downward facing or directed at the sign face.
(4) 
Signs in the AG-RR, R-1, R-2, R-3, and R-4 Districts shall not be illuminated, except for signs allowed for places of public assembly, educational facilities, public and semipublic uses, and governmental offices.
(5) 
Maintenance. All signs shall be maintained in a safe condition with proper bracing, anchorage and foundation and are subject to inspection by the Zoning Administrator or designated representative. A sign which no longer serves the purpose for which it is intended, is abandoned, or is not maintained in accordance with applicable regulations of Three Oaks Township shall be removed by the owner, or by the Township at the expense of such owner, upon notice by Three Oaks Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6) 
Any double-sided sign in which the parallel faces are more than 24 inches apart will be considered individual signs, and the square footage of each face will be considered for the total sign area.
(7) 
Wall signs. A wall sign shall not extend beyond 10 inches from the surface of the wall to which it is affixed. Sign elements shall not project above the roofline.
(8) 
Changeable copy signs. All ground-mounted signs may include attached changeable copy signs, which shall be included in the area calculations of permitted sign area.
(9) 
Electronic message boards. Electronic message boards are permitted in only the C-1 District when part of a ground-mounted sign only. The area of an electronic message board shall be included in the area calculations of permitted sign area; provided, however, that the area of any electronic message board shall not exceed 30 square feet.
(10) 
Covering. Covering around a pole of an existing pole sign shall be permitted and limited in width to a width of not more than 30% of the total width of the sign. Signage or copy shall not be permitted on pole coverings.
(11) 
Billboards. Billboards, as defined in the Highway Advertising Act of 1972 (1972 PA 106)[2] and located within the C-1 and I Districts bordering interstate highways, freeways or primary highways as defined in said Act, shall be regulated and controlled by the provisions of such statute, notwithstanding any contrary provisions of this chapter.
[2]
Editor's Note: See MCLA § 252.301 et seq.
A. 
Materials. Ground-mounted signs shall be constructed of wood, brick, concrete, stone (or equivalent imitation stone), corrosion- and rust-resistant metal or other similar material as approved by the Zoning Administrator or Planning Commission.
B. 
Landscaping. A landscape area around the base of a ground-mounted sign shall be provided and shall not obscure visibility of the sign itself, nor encroach into the clear sight area.
A. 
Display of any temporary sign shall be limited to 30 days in advance and the day of the event up to four times during any twelve-month period; provided, however, that temporary signage located on property containing an agricultural roadside stand and/or sale of product grown on site may continue through the growing season, provided it meets the other provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Temporary signs shall be secured at every corner.
C. 
Temporary signs and any sign supports shall be removed upon expiration of a temporary sign permit.
D. 
There shall be not more than one temporary sign displayed at any time upon any parcel of property in Three Oaks Township.
E. 
Temporary signs shall be displayed in a manner so as to not cover nor obscure address markers or other signage upon the building.
F. 
Temporary signs shall not obscure the clear sight area.
G. 
Every temporary sign displayed shall be dated with an indelible marker, indicating the first day of display in the current usage period. No temporary sign shall be displayed longer than 30 days in a usage period.
H. 
Prior to the display of any temporary sign, a permit shall be issued by the Zoning Administrator.
I. 
Temporary or portable signs that are torn or otherwise in disrepair shall be prohibited.
A. 
In the AG-RR, R-1, R-2, R-3 and R-4 Districts, the following signs are authorized upon application for, and issuance of, a sign permit:
(1) 
Signs located on parcels containing places of public assembly, education facilities, nursing homes, governmental buildings, cemeteries, veterinary clinics, and bed-and-breakfast establishments may include one ground-mounted sign and one wall sign, one of which may be externally illuminated. The aggregate area of all signage shall not exceed 48 square feet; however, no single sign may exceed 32 square feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Signs located on parcels containing open space activities, such as parks, golf courses, stables, nurseries and similar open space activities, may include:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
One wall sign not exceeding a sign area of 32 square feet;
(b) 
One ground-mounted sign not exceeding a sign area of 32 square feet; and
(c) 
Two directional signs located on the proprietor's property not to exceed three square feet or three feet in height.
(3) 
A subdivision or other form of concentrated residential development may have two ground-mounted signs per entrance, not to exceed a sign area of 32 square feet per sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
In the AG-RR District, a farm stand may display two ground-mounted signs not more than 24 square feet in area per sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
One temporary sign, with a minimum sign area of 24 square feet, but not to exceed 32 square feet, shall be permitted for any use.
B. 
In the C-1 and I Districts, the following signs are authorized upon application for, and issuance of, a sign permit:
(1) 
One wall sign per building wall frontage facing a public or private street. The maximum sign area permitted per building wall frontage shall be expressed in square feet and shall be not more than 12% of the width times the height of the building wall facing the public or private street to which the sign is attached. No wall sign shall exceed 100 square feet.
(2) 
Two directional signs with each such sign not to exceed three square feet in area or three feet in height.
(3) 
One ground-mounted sign with an area not to exceed 40 square feet may be permitted.
(4) 
For mixed-use or multitenant commercial establishments, one ground-mounted sign with an area not to exceed 40 square feet may be permitted per tenant. Five additional square feet of sign area may be added to the sign area of the sign for each business within the mixed-use or multitenant commercial establishment, not to exceed 72 square feet in total sign area. Each tenant may be permitted a wall sign per Subsection B(1), above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
One temporary sign not to exceed 32 square feet shall be permitted.
The following signs are allowed in all zoning districts without a sign permit, provided all other applicable requirements are met:
A. 
Dwellings. One nameplate not exceeding two square feet in area. Such sign may be ground-mounted.
B. 
Building numbers, including residential buildings, not to exceed two square feet in area.
C. 
Minor home occupations and home-based business. One wall sign not exceeding two square feet, provided that the sign complies with the other requirements of this chapter as appropriate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
In the AG-RR District, one sign not more than eight square feet in area. Such sign may be a wall sign or a ground-mounted sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Signs located on private property that is currently being offered for sale or lease. Such signs shall further be exempt from district setback requirements and shall not be limited as to duration, provided they meet the following standards for sign area and height:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Residence or residential lot. One sign not exceeding eight square feet in area or six feet in height.
(2) 
Property other than residential. One sign per frontage not exceeding 32 square feet in area.
F. 
Signs, not exceeding nine square feet, placed by an individual on his or her residence or place of business, the display of which coincides with a political candidate, issue, or ballot measure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Signs placed by a governmental agency, including, but not limited to:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Emergency and warning signs necessary for public safety and welfare.
(2) 
Traffic signs erected and maintained by an authorized public agency.
(3) 
Legal notices, licenses, permits and other signs required to be displayed by law.
H. 
Miscellaneous.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Public signs erected by an authorized public agency.
(2) 
Plaques erected or maintained by nonprofit organizations, memorials, building cornerstones, and erection-date stones erected by an authorized public agency.
(3) 
Signage for MEAP-verified farms.
I. 
Signs located such that they are for viewing exclusively within the premises of the user and not visible otherwise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Signs authorized by a valid permit and/or variance that complied with all applicable requirements prior to adoption of this chapter shall be permitted to remain and shall be regulated as a legal nonconforming condition, unless a determination is made by the Township Zoning Administrator that the sign is improperly maintained, abandoned, and/or presents threat to public health, safety or welfare.
B. 
Legal nonconforming status shall be lost if:
(1) 
The sign is relocated or replaced.
(2) 
The structure or size of the sign is altered except toward compliance with this chapter. This does not refer to change of copy or normal maintenance.
(3) 
The sign suffers more than 60% damage or deterioration; it must be removed or brought in to compliance with this chapter.
(4) 
The sign is discontinued for 90 days or longer.
(5) 
The sign is structurally altered so as to change the shape, size, type, or design of the sign.
(6) 
The sign is abandoned.
Prohibited signs include, but are not limited to, the following:
A. 
A sign located on public land, in a public right-of-way, or in a private road easement, unless it is part of the traffic control information for that road, except that signs located on property being offered for sale or lease displayed in front of the property and temporary signs coinciding with a political candidate, issue, or ballot measure are allowed if not obstructing pedestrian or vehicular traffic, are not less than 15 feet from the driving surface of the street or road and are at least 150 feet from the intersection of another street or road.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Abandoned signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Signs imitating or resembling official traffic or governmental signs or signals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Flashing or intermittently illuminated signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Moving signs, including, but not limited to, forced-air actuated or air-supported signs, wind-actuated sign elements, motorized sign elements, and similar devices.
F. 
Trailers, vehicles, or other mobile objects that are clearly used for advertising purposes.
G. 
Portable signs, including, but not limited to, trailer-mounted signs, whether illuminated or not, sandwich boards and similar devices.
H. 
Billboards and off-premises signs, except as regulated by the Highway Advertising Act.[1]
[1]
Editor's Note: See MCLA § 252.301 et seq.
I. 
Pole signs, other than directional signs.
A. 
Each person or entity desiring to erect or maintain a sign 24 square feet and greater in area shall make written application to the Zoning Administrator, accompanied by the applicable fees, as adopted by the Township Board, which shall include the following:
(1) 
A sketch plan with sign plans drawn to scale, showing proposed location and type of the sign.
(2) 
Sufficient other details to demonstrate that the proposed sign, including structural and electrical components, shall comply with the provisions of this chapter.
(3) 
All applications shall be accompanied by the written consent of the owner of record of the property on which the signs are proposed to be erected.
(4) 
No sign requiring a sign permit shall be erected or installed until an application is approved.
(5) 
The permit review may be consolidated with site plan review if the required information is provided to the Planning Commission as part of a site plan review, in which case the Planning Commission shall recommend approval, approval with conditions or denial of the request.
B. 
Expiration. Approval of a sign permit shall expire one year from its effective date if not constructed within one year, unless an extension not to exceed one year has been granted by the Zoning Administrator. The Zoning Administrator may deny extension of time for the approved sign if substantial changes in circumstances are found.
C. 
Removal of signs. A sign shall be removed by the owner upon receipt of notice from the Township stating that the sign is unsafe or not properly maintained or otherwise does not comply with the requirements of this chapter by reason of its size, height, design, condition or location. The notice shall state that if the owner does not remove the sign, or correct the unsafe or improper condition, within a specified time period, the sign may be removed by the Township. Upon failure to remove or correct the unsafe or improper condition, the Township may take whatever action is necessary to have the sign removed or to otherwise abate the unsafe or improper condition, and in addition to other available remedies, the Township shall have the right to recover from the owner of the sign the full costs of removing and disposing of the sign or abating the unsafe or improper condition.
D. 
Review criteria. In considering a sign permit request, the Zoning Administrator or the Planning Commission shall base action on the following criteria in addition to any other criteria elsewhere specified:
(1) 
The purpose of this article and this chapter in general.
(2) 
The standards and criteria as set forth in this section, including design standards.
(3) 
Each sign shall be of a shape, material, style, letter types and color appropriate for the use, enhancing to the premises and harmonious with the neighborhood.