[HISTORY: Adopted by the City Council of
the City of Roseville 12-27-1994 by Ord. No. 1064 (Ch. 264 of the 1984
Code); amended in entirety 8-25-2020 by Ord. No. 1318. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Sign Ordinance."
The purpose of this chapter is to protect the health, safety
and welfare of the citizens of the City of Roseville, including but
not limited to defining and regulating signs in order to promote aesthetics,
to avoid danger from sign collapse and to regulate sign materials,
avoid traffic hazards from sign locations and size, avoid visual blight
and provide for the reasonable and orderly use of signs.
As used in this chapter, the following terms have the meanings
set forth in this section:
An A-frame or sandwich board is a freestanding temporary
sign, with no moving parts or lights, no larger than six square feet
total sign size, displayed outside a business, and is only allowed
to be displayed during hours of operation and is capable of being
moved by one person.
A sign with action or motion, flashing or color changes requiring
electrical energy, electronic or manufactured sources of power supply.
This definition does not include revolving signs or time-and-temperature
displays.
The area within a continuous perimeter enclosing the limits
of writing, representation, emblem or any figure of similar character,
together with any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed, and excluding the necessary supports or
uprights on which such sign is placed; provided, however, that any
open space contained within the outer limits of the display face of
a sign or between any component, panel, strip or figure of any kind
composing the display face shall be included in the computation of
the area of the sign, whether such open space is enclosed or not by
a frame or border. Where a sign consists solely of lettering or other
sign elements mounted on a wall of a building without any distinguishing
border, panel or background, only the area of a tightly drawn imaginary
rectangle enclosing each such letter and other sign elements shall
be treated as a single sign for the purposes of area computation.
For double-faced signs, only one display face shall be measured or
counted in computing sign area or items of information where the sign
faces are parallel or where the interior angle formed by the faces
is 60° or less; if the two faces of a double-faced sign are of
unequal area, the area of the sign shall be taken as the area of the
larger face.
A sign which is used in conjunction with a drive-through
business, the area of which shall not exceed 50 square feet or a height
of 10 feet.
A sign painted on, printed on or attached flat against the
surface of an awning.
A sign made of fabric or any nonrigid material with no enclosing
framework.
A sign painted on, printed on or attached to a structure
designed for or suitable for seating.
The department head of the Department of Buildings and Inspection
or a designee of such department head.
That portion of the front elevation of a building, extending
from grade to the top of the parapet wall or eaves, which fronts on
any street or public right-of-way.
A sign panel which is characterized by changeable copy, regardless
of the method of attachment.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or surface
of the sign, either manually or electronically.
A zoning or land use district specified in the City of Roseville
Zoning Ordinance.[1]
The Director of Buildings and Inspection or designated alternate.
A sign completely or principally supported by one or more
columns, uprights or braces placed in the ground.
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 and reflectorized,
glowing and radiating signs.
INSTALLED THROUGH THE USE OF OR SECURED WITH FOUNDATIONS OR FOOTINGSA foundation or footing complying with the design requirements of the Michigan Building Code, 2000 Edition, and its amendments.
PERMANENTLY ATTACHED TO THE BUILDINGSecured to the building in compliance with the design requirements of the Michigan Building Code, 2000 Edition, and its amendments.
A permanent roofed structure attached to a building and projecting
over public property.
A sign attached to or constructed on the face of a marquee.
A unit of visible-light intensity, commonly used to specify
the brightness of a cathode ray tube or liquid crystal display computer
display. One nit is equivalent to one candela per square meter.
An individual person, association of persons, firm, company,
corporation, partnership or organization of any kind.
Letters or numbers which set forth the house or building
address.
A feather flag, pennant, or banner (including retractable
custom banners) that is used to promote a special occasion or special
sales event that is offered for a limited time only.
A freestanding sign not permanently anchored or secured to
either a building or the ground, such as, but not limited to, an A-frame,
T-shaped or an inverted T-shaped sign.
Signs directing traffic movement onto a premises or within
a premises, when such signs are located on the premises, do not exceed
five square feet in area for each sign and, if freestanding, do not
exceed five 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 on and flush
with paved areas are exempt from these standards.
A sign which projects from and is supported by a building
wall, any part extending more than 18 inches beyond the building wall.
A sign which revolves 360° but does not exceed eight
revolutions per minute.
A sign erected upon or above a roof or parapet wall of a
building and which is wholly or partially supported by said building.
A sign which identifies a group of three or more contiguous
stores, offices or shops, whether or not under single management,
served by a common off-street parking lot located on private property.
Any structure, material, display, sculpture, flag, string
of lights, image, object or device which advertises, publicizes or
calls attention to a business, goods, services, institution, person,
activity, location or idea, or is intended to do so, by a word, image,
color or shape or combination thereof and which is visible from any
public street, right-of-way, sidewalk, alley or other public property.
Any structure which supports or is capable of supporting
any sign. A sign structure may consist of one or more poles or columns
and may or may not be an integral part of a building.
A sign which is utilized for a short duration of time.
Standard types of warning signs marking the routes of underground
public utility pipes, conduits and cables.
A lighted or unlighted sign attached to the underside of
a marquee.
A sign attached parallel to and extending not more than 18
inches from the wall of a building or awning. This definition includes
painted signs, individual letters, cabinet signs and signs on a mansard.
A sign not expressly permitted is prohibited.
"Illuminated" or "illumination" refers to lighting of a sign
by any type of artificial light, whether by emission or reflection.
All sign illumination shall adhere to the following requirement and/or
the International Dark Sky Association standards (http://www.darksky.org/),
whichever is more restrictive in terms of standards/illumination:
A.
To prevent glare, illuminated signs shall not emit more than 5,000
nits in full daylight and 100 nits between dusk and dawn. All illuminated
electronic signs shall have functioning ambient light monitors and
automatic dimming equipment which shall at all times be set to automatically
reduce the brightness level of the sign proportionally to any reduction
in the ambient light. In order to verify compliance with the City
Code or other applicable law, the interface that programs an electronic
sign shall be made available to City staff for inspection upon request.
If the interface is not or cannot be made available upon the City's
request, the sign shall cease operation until the City has been provided
proof of compliance. Regardless of any other requirement, illuminated
signs shall not project light that exceeds 1/10 of a footcandle above
the ambient light at any property line bordering any R-1, R-1A, R-2,
RM-1, or RM-2 Zoning District, as defined in the Zoning Ordinance.
B.
Changeable-copy signs. The changeable-copy portion of a sign shall
not exceed 25% of the area of the sign and shall not exceed 30 square
feet per sign and 15 square feet per sign face.
D.
LED shall be no more than 25% of any sign.
The following types of signs (illuminated or nonilluminated)
are permitted in the following districts:
A.
Freestanding signs.
(1)
In Local Business, Community Business, and General Business Districts:
(a)
Each eligible advertiser is permitted one sign per 300 feet
of business frontage thereafter, except that no on-premises freestanding
sign is permitted if an on-premises projecting or roof sign exists
on the same frontage.
(b)
The maximum sign area shall be 100 square feet.
(c)
The maximum height of the sign, measured from ground level to
upward-most extremity, shall be 25 feet at minimum setback line, one
foot per two feet additional setback up to 45 feet maximum.
(d)
Signs shall not extend over the public right-of-way.
(2)
Light Industrial District:
(a)
The maximum number of signs permitted shall be one.
(b)
The maximum area of the sign shall be 150 square feet.
(c)
The maximum height of the sign, measured from ground level to
upward-most extremity, shall be 40 feet at minimum setback line, plus
one foot of height per two feet additional setback up to a maximum
height of 60 feet.
(d)
Signs shall not extend over the public right-of-way.
(3)
General Industrial District:
(a)
The maximum number of signs permitted shall be one.
(b)
The maximum area of the sign shall be 200 square feet.
(c)
The maximum height of the sign, measured from ground level to
upward-most extremity, shall be 40 feet at minimum setback line, plus
one foot of height per two feet additional setback up to a maximum
height of 60 feet.
(d)
Signs shall not extend over the public right-of-way.
(4)
Multiple-Family Residential (Low Rise) District:
(5)
Multiple-Family Residential (High Rise) District:
B.
Wall signs and wall-mounted signs. The maximum area of all wall signs,
regardless of location, may be based on the largest building elevation
but may not exceed 15% of any building facade.
(1)
Office Service District/Local Business District:
(a)
There shall be no limit on the number of signs permitted.
(b)
The maximum sign area shall be 15% of the building facade area,
not to exceed 150 square feet maximum.
(c)
Signs shall not stand beyond the top or ends of the wall surface
on which they are placed nor project more than 18 inches from the
building facade.
(2)
Community Business District/General Business District:
(a)
There shall be no limit on the number of signs permitted.
(b)
The maximum sign area shall be 15% of the building facade area,
not to exceed 150 square feet maximum. Buildings in excess of 100
feet from all rights-of-way may utilize 10% of their building facade
area with no maximum on the signage allowance.
(c)
Signs shall not stand beyond the top or ends of the wall surface
on which they are placed nor project more than 18 inches from the
building facade.
(3)
Industrial Districts:
(a)
There shall be no limit on the number of signs permitted.
(b)
The maximum sign area shall be 20% of the building facade area,
not to exceed 200 square feet maximum.
(c)
Signs shall not stand beyond the top or ends of the wall surface
on which they are placed nor project more than 18 inches from the
building facade.
C.
Projecting signs.
(1)
Office Service District:
(a)
The maximum number of signs permitted shall be one per eligible
advertiser, except that no projecting sign is permitted if a freestanding
or roof sign exists on the same frontage. Upper-level businesses are
not allowed projecting signs.
(b)
The maximum height and projection of the sign shall be nine
feet minimum clearance above the ground. No sign shall extend above
the portion of the roof immediately adjacent to the sign. No sign
shall project more than five feet from the face of the building to
which it is attached.
(c)
The maximum area of the sign shall be 15 square feet.
(d)
Signs shall not extend over any public right-of-way, except
that if a business is within a building, the face of which is less
than five feet from the property line, the projecting sign may extend
up to three feet over the public right-of-way.
(2)
Local Business, Community Business, and General Business Districts:
(a)
The maximum number of signs permitted shall be one per eligible
advertiser, except that no projecting sign is permitted if a freestanding
or roof sign exists on the same frontage. Upper-level projecting signs
are not allowed.
(b)
The maximum height and projection of the sign shall be nine
feet minimum clearance above the ground. No sign shall extend above
the portion of the roof immediately adjacent to the sign. No sign
shall project more than five feet from the face of the building to
which it is attached.
(c)
The maximum area of the sign shall be 20 square feet.
(d)
Signs shall not extend over any public right-of-way, except
that if a business is within a building, the face of which is less
than five feet from the property line, the projecting sign may extend
up to three feet over the public right-of-way.
(3)
Industrial districts:
(a)
The maximum number of signs permitted shall be one per eligible
advertiser, except that no projecting sign is permitted if a freestanding
or roof sign exists on the same frontage. Upper-level projecting signs
are not allowed.
(b)
The maximum height and projection of the sign shall be nine
feet minimum clearance above the ground. No sign shall extend above
the portion of the roof immediately adjacent to the sign. No sign
shall project more than five feet from the face of the building to
which it is attached.
(c)
The maximum area of the sign shall be 30 square feet.
(d)
Signs shall not extend over any public right-of-way, except
that if a business is within a building, the face of which is less
than five feet from the property line, the projecting sign may extend
up to three feet over the public right-of-way.
D.
Roof signs.
(1)
Local Business, Community Business, and General Business Districts:
(a)
The maximum number of signs permitted shall be one per eligible
advertiser, except that no on-premises roof sign is permitted if an
on-premises freestanding or projecting sign exists on the same premises.
(b)
The maximum height of the sign shall be 10 feet as measured
from that part of the roof immediately below the sign.
(c)
The maximum area of the sign shall be three square feet per
front-foot of business frontage up to a maximum of 200 square feet.
(d)
Signs must be located wholly within the roof area of the structure.
(2)
Industrial districts:
(a)
The maximum number of signs permitted shall be one per eligible
advertiser, except that no on-premises roof sign is permitted if an
on-premises freestanding or projecting sign exists on the same premises.
(b)
The maximum height of the sign shall be 10 feet as measured
from that part of the roof immediately below the sign.
(c)
The maximum area of the sign shall be three square feet per
front-foot of business frontage up to a maximum of 200 square feet.
(d)
Signs must be located wholly within the roof area of the structure.
E.
A-frame signs.
(1)
DDA District. The use of small pedestrian-oriented A-frame or sandwich
board signs is permitted in the DDA District, subject to the approval
of a sign permit and the following requirements:
(a)
Submittal requirements. A site plan showing the location of
the proposed A-frame sign, as well as colored elevations representing
size, dimensions and the graphic design of the sign, must be presented
along with the applicable permit fee. Permits shall be for one year
from the date of issue.
(b)
Maximum sign area. A-frame signs may have a maximum sign area
of six square feet.
(c)
Maximum sign height and width. The maximum height shall be four
feet and the maximum width shall be two feet.
(d)
Business hours. A-frame signs shall be utilized only during
regular business hours and shall be removed during nonbusiness hours.
(e)
One A-frame sign per business. No business shall be allowed
to have more than one A-frame sign.
(f)
More than one A-frame sign per property. When more than one
A-frame sign is requested on a property, the property owner shall
determine the locations where the signs may be placed. In any case,
an A-frame sign shall not be placed nearer than 10 feet, as measured
parallel to the street, to another A-frame sign.
(g)
Sign maintenance. A-frame signs are to be maintained in a neat,
orderly fashion so as not to constitute an unsightly appearance or
a public nuisance. Signs shall be constructed of durable, weather-resistant
materials and be professional in appearance in a manner meeting the
approval of the Building Director. If such signs are not maintained,
the property owner or business owner shall remove them immediately
upon notice by the Building Director.
(h)
Illumination not permitted. A-frame signs shall not be illuminated.
(i)
Location and accessibility. A-frame signs may be located on
private property or within the public right-of-way, as long as they
are on the sidewalk between the curb and the front of the building,
and provided they do not interfere with pedestrian movement or wheelchair
access. A-frame signs shall not cause a visual obstruction as determined
by the Building Director. A minimum access width of five feet shall
be maintained along all sidewalks and building entrances accessible
to the public.
(j)
Requirements for signs in the public right-of-way. A sign permit
application for an A-frame sign to be located on public property or
the public right-of-way shall be accompanied by a certificate of insurance
in the amount of $1,000,000. A valid certificate shall be submitted
annually to the Building Director for as long as the A-frame sign
is proposed to be displayed.
F.
Changeable LED message signs.
(1)
Allowed in all districts except the DDA District.
(a)
Changeable LED message signs shall only be permitted as no more
than 25% of the allowable sign area, regardless of the type of sign.
(b)
Except for time-and-temperature displays, an electronic LED
changeable message sign shall be limited to the electronic display
of a nonflashing or nonmoving message that shall remain unchanged
for at least 10 continuous seconds before it is replaced by another
message.
(c)
Government buildings and education facilities shall be exempt from the requirements of § 264-6F(1)(b).
G.
Promotional signs.
(1)
Allowed in all districts except residential (R-1, R-1A, R-2, RM-1,
RM-2 Districts).
(a)
Permits required. Except as otherwise provided in this chapter,
it shall be unlawful for any person to erect, display, show or exhibit
any promotional sign within the City of Roseville without first obtaining
a permit therefor from the Department of Buildings and Inspection
and making payment of any fee required by this chapter.
(b)
Each business is allowed to have no more than three promotional
events per year.
(c)
Each promotional event shall last more than five days.
(d)
Each promotional event shall have no more than three promotional
signs.
(e)
Promotional signs are not allowed on the roof of any building.
(f)
In addition to feather flags, pennants, and banners, signs determined
to be similar may be allowed by the Building Director.
(g)
No off-premises promotional signs are permitted.
Signs specified in this section are permitted in all use districts.
Permits are unnecessary unless required by the particular subsection.
A.
House or building address sign.
C.
Private traffic direction signs and related signs.
D.
Time-and-temperature display signs. No such sign shall exceed the
height of the building to which it is accessory nor an area of 20
square feet (permit required).
E.
Underground public utility warning signs.
F.
Marquee advertising, provided that said advertising is wholly contained
within the basic marquee face.
G.
Signs painted on or attached to any motor vehicle, trailer, wagon,
cart or other vehicles which are normally used upon the highways for
transportation of persons, goods or equipment, but no person shall
cause or allow any vehicle to be parked on a street or highway, public
thoroughfare or right-of-way or between said thoroughfare and the
existing building line for the principal purpose of advertising any
business or activity being conducted upon nearby private property
by means of a sign or signs painted upon, supported by or attached
to such vehicles.
H.
Specific districts.
(1)
One-Family Residential and Two-Family Residential Districts:
(a)
The maximum number of signs permitted shall be one sign per
street bordering or entering the subdivision.
(b)
The maximum area of the sign shall be 10 square feet.
(c)
The maximum height of the sign shall be five feet.
(d)
The location of the sign shall be within a ten-foot minimum
setback, but wholly upon the premises.
(3)
Office Service District:
(a)
The maximum number of signs permitted shall be one sign per
street bordering or entering the subdivision.
(b)
The maximum area of the sign shall be 50 square feet.
(c)
The maximum height of the sign shall be 10 feet.
(d)
Signs shall conform to the setback requirements for structures
in the applicable districts.
(4)
Local Business, Community Business, and General Business Districts:
(a)
The maximum number of signs permitted shall be one sign per
street bordering or entering the subdivision.
(b)
The maximum area of the sign shall be 75 square feet.
(c)
The maximum height of the sign shall be 15 feet.
(d)
Signs shall conform to the setback requirements for structures
in the applicable districts.
(5)
Light Industrial and General Industrial Districts:
(a)
The maximum number of signs permitted shall be one sign per
street bordering or entering the subdivision.
(b)
The maximum area of the sign shall be 100 square feet.
(c)
The maximum height of the sign shall be 20 feet.
(d)
Signs shall conform to the setback requirements for structures
in the applicable districts.
J.
Residential window signs. One sign may be displayed in the window
of a dwelling in a residentially zoned area, provided that it does
not exceed four square feet in size and does not advertise a home
occupation unless it has been approved pursuant to § 402-11
of the Zoning Ordinance.
Any parcel which is found to be over 20 acres may erect up to 50 square feet of signage. This is in addition to the maximum amount of signage they are allowed under § 264-6A of this chapter.
The following signs shall not be permitted, erected or maintained
in any district, notwithstanding any other provisions of this chapter:
A.
Signs which incorporate in any manner any flashing or moving lights.
C.
String lights used in connection with commercial premises for commercial
purposes, other than holiday decorations.
D.
Any sign which has any visible moving part, visible revolving parts
or visible mechanical movement of any description or other apparent
visible movement achieved by electrical, electronic or mechanical
means, including intermittent electrical pulsations or by action of
normal wind currents, but automatic change-of-message with cycle time
of not less than 30 seconds is permissible.
E.
Any sign or sign structure which is structurally unsafe or which
constitutes a hazard to safety or health by reason of inadequate maintenance,
dilapidation or abandonment or which is not kept in good repair or
which is capable of causing electrical shocks to persons likely to
come in contact with it.
F.
Any sign which, by reason of its size, location, content, coloring
or manner of illumination, constitutes a traffic hazard or 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 and roads.
G.
Any sign which obstructs free ingress or egress from a required door,
window, fire escape or other required exitway.
H.
Signs which make use of words such as "Stop," "Look" or "Danger"
or any characters or shapes generally used as public safety symbols
or other words, phrases, symbols or characters in such a manner as
to interfere with, mislead or confuse traffic.
I.
Any sign or other advertising structure containing any obscene, indecent
or immoral matter.
J.
Any sign unlawfully installed, erected or maintained.
K.
Any sign now or hereafter existing which no longer advertises a bona
fide business conducted or a product sold.
L.
Portable signs.
M.
Bench signs, whether such benches are permanent or portable, which
are prohibited where benches are located outside of a fully enclosed
structure.
A.
Permits required. Except as otherwise provided in this chapter, it
shall be unlawful for any person to erect, alter or repair any sign
message or to relocate or maintain, within the City of Roseville,
any sign as defined herein without first obtaining a permit therefor
from the Department of Buildings and Inspection and making payment
of any fee required by this chapter.
B.
Application. Application for sign erection permits shall be made
upon forms provided by the Department of Buildings and Inspection
and shall contain or have attached thereto the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or lot to or on which the
sign is to be attached or erected.
(3)
The position of the sign in relation to nearby buildings, structures
and property lines.
(4)
Two drawings of the plans and specifications and method of construction
and attachment to the building or in the ground.
(5)
A copy of stress sheets and calculations, if deemed necessary, showing
the structure as designed for dead load and wind pressure.
(6)
The name and address of the person, firm, corporation and association
erecting the structure.
(7)
Any electrical permit required and issued for said sign.
(8)
Such other information as the Building Director may require to show
full compliance with this chapter and all other applicable laws of
the City of Roseville and the State of Michigan.
C.
Permit fees. A fee shall be paid for the issuance of sign erection
permits in accordance with a schedule of fees which shall be adopted
and amended from time to time by the City Council. Such schedule of
fees shall be designed to reimburse the City for all of its direct
costs incurred in the inspection and regulation of signs and issuance
of permits.
D.
Servicing and maintenance. The provisions of this section shall not
apply to the changing of advertising on a sign specifically designed
for the periodic change of the message without change in the sign
structure, such as a bulletin board or similar type of sign.
The Building Director shall have the power to adopt and promulgate
rules and regulations to interpret and implement any provisions of
this chapter and to secure the intent thereof. Any such rules and
regulations shall not become effective until approved by resolution
of the City Council and, upon such approval, shall be as complete
and binding as if specifically set forth herein. A violation of any
such rule or regulation shall be deemed a violation of this chapter.
Copies of such rules and regulations shall be kept on file in the
office of the City Clerk and shall be distributed to the public upon
request.
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. No such license shall be issued until such license fee
as may be established by the City Council by resolution is paid. The
City Council shall establish such reasonable license fees as will
reimburse the City for its costs in processing and issuing such licenses.
B.
Bond. Permits may be issued to sign erectors only upon the following
conditions:
(1)
Insurance certificates. Before a permit is issued for the erection
of a sign, the installing company shall submit for filing with the
City Clerk a certificate of insurance for public liability in the
amount of $100,000 for injuries to one person and $300,000 for injury
to more than one person and property damage insurance in the amount
of $25,000 for damages to any property due to the actions of himself
or any of his or her agents or employees.
(2)
Lapsing of insurance. At any time the insurance of any sign erector
is permitted to lapse, his or her right to obtain permits shall automatically
be revoked.
(3)
Notification of change. A sign erector shall notify the Department
of Buildings and Inspection 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.
C.
Revocation of licenses. Such erectors' licenses may be revoked
by the City Council for cause, but only after the holding of a public
hearing concerning the proposed revocation of license, at which time
the licensee will be given an opportunity to present relevant evidence
and defend himself. "Cause," as used herein, means failure to construct
signs in accordance with this chapter and other relevant provisions
of City ordinance or state statute or failure to comply with lawful
directions given to the licensee by the Department of Buildings and
Inspection concerning the construction, reconstruction and removal
of signs.
Requirements concerning details of construction, materials,
loads and stresses are governed by the provisions of the City of Roseville
Official Building Code,[1] and every sign shall be erected in compliance with such
provisions.
A.
Combustible materials. Every sign for which any erection permit is
required shall be constructed of noncombustible 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.
Wind loads. 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.
A.
Intent. 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.
B.
Nonconforming signs. Any signs in existence prior to the adoption
of this chapter and which are now in conflict with any of its provisions
shall be considered nonconforming. These signs must be installed through
the use of a footing or a foundation or be permanently attached to
the building. Signs rendered nonconforming by the provisions of this
chapter shall be maintained in a condition of good repair pursuant
to the provisions of this chapter, but such nonconforming signs shall
not:
(1)
Be changed to another nonconforming sign.
(2)
Have any changes made in the words or symbols used or the message
displayed on the sign, unless the sign is a changeable-copy panel
sign, bulletin board sign or substantially similar type of sign specifically
designed for periodic change of the sign message.
(3)
Be structurally altered so as to prolong the life of the sign or
changed in shape, size, type or design.
(4)
Have the face or faces changed when it is of the type of construction
which permits a complete change of face.
(5)
Continue to be used or allowed to remain in place after the activity,
business or usage to which it relates has been discontinued for 90
days or longer.
(6)
Be reestablished after its removal or repaired or replaced after
damage or destruction if the expense of repair exceeds 50% of the
cost of repair or replacement.
(7)
Continue to be used or allowed to remain in place upon a change in
occupancy or tenancy where the sign has been nonconforming for three
years or more.
(8)
Continue to be used or allowed to remain in place upon a change in
ownership where the property is subsequently occupied by the owner
or an affiliated entity and where the sign has been nonconforming
for three years or more.
B.
Powers of the Board. The Board of Appeals shall have the power to
hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or determination
made by an administrative official in connection with the enforcement
of this chapter. The Board of Appeals shall also have the power to
authorize a variance from the strict application of this chapter where
such application will result in practical difficulty or unnecessary
hardship to the person owning or having the beneficial use of the
property or sign for which a variance is sought. Prior to the granting
of a variance by the Board of Appeals, the Building Director shall
be given a reasonable opportunity to study the appeal or request for
variance and make recommendations thereon to the Board. The concurring
vote of 2/3 of the appointed members of the Board shall be necessary
to reverse any order, requirement, decision or determination of an
administrative official or to grant any variance from the strict application
of this chapter.
C.
Variances.
(1)
A variance may be allowed by the Board of Appeals only in cases involving
practical difficulty or unnecessary hardship and only when the evidence
in the official record of the appeal supports all of the following
affirmative findings:
(a)
That the alleged practical difficulty or unnecessary hardship,
or both, is exceptional and peculiar to the property of the person
requesting the variance and results from conditions which do not exist
generally throughout the City.
(b)
That the alleged practical difficulty or unnecessary hardship,
or both, which will result from a failure to grant the variance includes
substantially more than mere inconvenience.
(c)
That, considering the public benefits intended to be secured
by this chapter, the individual hardship that will be suffered by
failure to grant the variance and the rights of others whose property
would be affected by the allowance of the variance, allowing the variance
will result in substantial justice being done.
(2)
The above findings of fact shall be made by the Board of Appeals,
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 proceedings of the Board. Nothing contained
herein shall be construed to empower the Board of Appeals to change
the terms of this chapter nor to add to the uses permitted in any
district.
(3)
If approved, the variance is only in effect as long as the petitioner
occupies the property.
D.
Appeals procedure.
(1)
Appeals shall be commenced by a person filing a notice of appeal
with the Department of Buildings and Inspection on a form to be supplied
by the Department of Buildings and Inspection. 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.
(2)
The Board of Appeals shall fix a reasonable time for the hearing
of appeals and shall give due notice thereof to all the owners of
property within 300 feet of the premises in question and to the occupants.
Such notice shall be delivered personally or by mail carrying the
address of the respective owners, tenants or occupants at the address
given on the last assessment roll.
(3)
Any person shall be accorded the right to appear in person or to
be represented by a duly authorized agent.
(4)
The Board of Appeals shall prepare an official record for each appeal
and shall base its decision on this record. The official record shall
include:
(5)
The requisite written findings of fact, the conditions attached and
the decisions and orders by the Board of Appeals in disposing of the
appeal shall be entered into the official record. This shall be done
only after they have been signed by the Chair or Mayor of the Board
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 Department of Buildings and Inspection and the City Clerk. The
Chair or Mayor shall, within 10 days after the date the Board has
reached its final decision on an appeal, sign the necessary orders
to effectuate the decision of the Board.
(6)
A copy of the official record of an appeal shall be made available
for the parties to the appeal upon request and after payment of such
fee therefor as may be provided by the rules and regulations of the
Board of Appeals.
A.
The Building Director is hereby authorized and directed to administer
and enforce all the provisions of this chapter. 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 Building Director or
duly authorized representative may enter, at reasonable times, any
premises when necessary to the performance of any duty imposed upon
him by this chapter.
B.
Except for signs not permitted to be placed in public rights-of-way
or signs constituting an immediate threat to the safety of the public,
whenever it shall appear to the Building Director or authorized representative
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 or lessee of the sign or the owner of the premises upon which
the sign is erected or maintained. Such notice shall inform such person
of the violation and shall direct him or her to make such alteration,
repair or removal as is necessary to secure compliance with this chapter,
within a reasonable time limit, which reasonable time limit shall
be considered as not less than 24 hours nor more than 15 days. Upon
failure of the sign owner to comply with the terms of the notice of
violation, the enforcement official shall immediately remove or cause
to be removed any sign not in compliance with this chapter or shall
immediately request the City Manager, in writing, to institute the
appropriate legal action. Except as otherwise provided, the enforcement
official may immediately remove without notice or cause to be immediately
removed without notice any sign not permitted to be placed in a public
right-of-way or any sign which, in his or her opinion, is in such
condition as to present an immediate threat to the safety of the public.
Any removed sign or signs shall be stored by the City of Roseville
for a period of not less than seven days. Removed signs will be released
to the owner only upon request by the owner. A sign owner who has
failed to retrieve the sign within the seven-day period has forfeited
his or her right to the same. Disposal of the signs will be at the
City of Roseville's discretion. The City Attorney shall institute
appropriate action against the owner of any sign or signs removed
for the recovery of costs incurred by the City of Roseville in the
removing of any sign or signs not in compliance with this chapter.
C.
A sign shall be removed by the owner or lessee of the premises upon
which the sign is located when the business which the sign advertises
no longer is conducted on the premises. If the owner or lessee fails
to remove the sign, the enforcement official shall notify the owner
or lessee in writing and shall allow 15 days for removal. Upon failure
of the owner or lessee to comply with the notice, the enforcement
official shall immediately request the City Manager, in writing, to
institute the appropriate legal action.
D.
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 a safe, sanitary condition.
It shall be unlawful for any person to erect, construct, maintain, enlarge, alter, move or convert any sign in the City of Roseville or cause or permit the same to be done contrary to or in violation of any of the provisions of this chapter. Any person violating any of the provisions of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I.
