Signs may be erected or maintained within Chesterfield Township
only as permitted by this chapter and subject to other restrictions
contained in this chapter. The sign regulations of this chapter are
intended to ensure that signs are located, designed, sized, constructed,
installed, and maintained in a way that protects and promotes safety,
health, aesthetics, and the public welfare while allowing adequate
visual communication.
The following municipal interests are considered by the Township
to be compelling government interests. Each interest is intended to
be achieved in a manner that represents the least restrictive means
of accomplishing the stated interest, and in all events intended to
promote an important government interest that would not be effectively
achieved absent the regulation. Regulating the size and location of
signage in the most narrowly tailored manner represents the least
restrictive means of addressing the targeted government interests
of avoiding nuisance-like conditions while maintaining and improving
pedestrian and vehicular safety and efficiency; character and quality
of life; economic development and property values; and property identification
for emergency response and wayfinding purposes.
(a) Pedestrian and vehicular safety.
(1) Maintaining pedestrian and vehicular safety are predominant and compelling
government interests throughout the Township, with a particular emphasis
on the safety of pedestrians. Sidewalks, paths, and crosswalks provide
facilities for pedestrians and bicyclists throughout the Township,
even in automobile-oriented commercial areas. The Township recognizes
that pedestrian traffic in the commercial areas serves a variety of
business, entertainment, government, and residential uses in the commercial
areas. In addition, the Township also accommodates automobile-oriented
businesses and other land uses that generate motor vehicle trips.
(2) Since most signage is intended and designed to attract the attention
of operators of motor vehicles, thereby creating distractions from
vigilance for traffic and pedestrian safety, this chapter is intended
to regulate signs such as to reduce such distractions and, in turn,
reduce the risk for crashes, property damage, injuries, and fatalities,
particularly considering the rate of speed at which the vehicles are
traveling in these districts which can lead to an increased rate of
pedestrian fatalities.
a. The Township encourages signage that will inform pedestrians regarding
their desired locations without conflicting with other structures
and improvements in these districts, while concurrently allowing effective
signage for motorists. These interests are legitimately supported
by limiting the maximum size (area and height) of signage, providing
setbacks where relevant, and specifying minimum-sized characters for
efficient perception by motorists and pedestrians, while minimizing
distractions that could put pedestrians at risk.
b. In some circumstances, adjusting the size, setback, and other regulations
applicable to signage may be important to avoid confusion and promote
clarity where vehicular speeds vary on commercial thoroughfares.
c. In multitenant buildings and strip centers, it is compelling and
important to provide distinct treatment with a gradation of regulation
for individual tenant identification depending on base sign size,
amount of road frontage, and the like, all intending to provide clarity
to alleviate directional confusion and thus additional traffic maneuvers,
provide a minimum size of characters to allow identification, and
maintain maximum-sized overall signage to prevent line-of-sight issues.
d. Maximum size and minimum setback of signage is compelling and important
to maintain clear views for both traffic and pedestrian purposes.
(b) Character and quality of life. Achieving and maintaining attractive,
orderly, and desirable places to conduct business, celebrate civic
events, entertain people, and provide for housing opportunities is
directly related to the stability of property values needed to provide
and finance quality public services and facilities within the Township.
This chapter intends to allow signs that are of sufficient, but not
excessive, size to perform their intended function as necessary to
provide and maintain the Township's desired character and support
neighborhood stability. Signs that promote the potential conflict
between vehicular and pedestrian targeted messages, hinder sight distance,
and distract from the pedestrian experience will be prohibited in
an effort to preserve the character and unique experience within the
Township. Also, the intent of this chapter is that signs will reflect
the character of unique districts as may be established by the Township's
Master Plan, other adopted plans, or the Zoning Ordinance.
(c) Economic development and property values. It is found and determined
that there is a clear relationship between the promotion of a set
of specifications and restrictions for signage and the promotion of
economic development, recognizing that unregulated and haphazard determinations
concerning the size, location, and other characteristics of signs
has a realistic tendency to result in an unsightly appearance that
reduces economic development, and, in the long-term, property values.
In addition, the establishment of the restrictions in this chapter
has a direct relationship to creating stability and predictability,
allowing each private interest to secure reasonable exposure of signage,
and thus promote business success. The application of the restrictions
in this chapter allows businesses to reasonably command attention
to the unregulated content and substance of their messages while concurrently
allowing the promotion of other visuals, including types of business,
landscaping, and architecture, all promoting economic development
and property value enhancement.
(d) Avoidance of nuisance-like conditions. Due to the concentration of
people and activities, there is a potential for, and it is a compelling
interest to avoid, blight, physical clutter, and visual clutter in
the Township, recognizing that such conditions tend to create nuisance-like
conditions contrary to the public welfare. The result of these conditions
leads to diminished property values, reduced attractiveness of the
community, and reduced quality of life within the districts. Minimum
regulations that substantially relate to signage are compelling and
important, and are necessary for the maintenance and well-being of
positive conditions, good character, and quality of life in the Township.
Ultimately, these regulations are compelling and important for the
protection of all police power values.
(1) An excessive number of signs in one location creates visual blight
and clutter, as well as public confusion. Thus, limiting the number
of signs on properties, and establishing setbacks from property lines
is a compelling interest that can be directed with minimum regulation.
(2) Signs that are too large and not properly spaced can lead to confusion,
undermine the purposes of the signs, and ultimately lead to physical
and visual clutter. Establishing maximum sizes and locations can be
the subject of clear and effective regulations that address this compelling
and important interest.
(3) Requiring minimum construction and maintenance specifications for
signs can minimize the creation of blight and clutter due to the deterioration
of signs that are not durable or otherwise well-constructed. These
requirements can be enforced with efficient and low discretion application
and review.
(4) This chapter is designed to prevent blight and protect aesthetic
qualities by preventing visual clutter and protecting views. There
is a compelling governmental interest that signs avoid glare, light
trespass, safety, and skyglow. A framework that enables the selection
of proper fixture type(s) and location, use of supportive lighting
technology, and control of light levels in a reasonable fashion is
consistent with regulations that are narrowly tailored to achieve
the Township's interests.
(e) Property identification for emergency response and wayfinding purposes.
Locating a business or residence by emergency police, fire, and other
emergency responders can be a matter of life and death, and thus it
is a compelling interest to ensure that proper, understandable, unambiguous,
and coordinated signage be permitted and required, and specifications
for such purposes can be accomplished in a simple and narrow manner.
Wayfinding for vehicular and pedestrian purposes is also a compelling
interest to avoid confusion in public rights-of-way, and unnecessary
intrusions on private property, and sign specifications for such wayfinding
can be coordinated with property identification for emergency purposes.
(f) Protection of the right to receive and convey messages. The important
governmental interests contained herein are not intended to target
the content of messages to be displayed on signs, but instead seek
to achieve non-speech objectives. In no respect do the regulations
of signage prohibit a property owner or occupant from an effective
means of conveying a desired message. Nothing in this chapter is intended
to prohibit the right to convey and receive messages, specifically
noncommercial messages, such as religious, political, economic, social,
philosophical or other types of speech protected by the First Amendment
of the United States Constitution.
The following signs are prohibited:
(a) Any sign that is not specifically permitted by this chapter is prohibited.
(b) Any sign that gives the appearance of motion, including moving, scrolling,
animated, or flashing elements. This includes changes of illumination
levels and color, except as approved by special event permit. See
Section 52-5(b)(10) for standards relating to changing electronic
message signs.
(c) Exterior pennants, spinners, inflatables, feather signs, and streamers.
(d) Any sign which is structurally or electrically unsafe.
(e) Any sign erected on a tree, street furniture, wall surfaces (except
permitted wall signs or projecting signs) or utility pole.
(f) Rope light, string light, neon, or similar lighting attached to,
surrounding or otherwise drawing attention to a sign unless expressly
permitted in limited applications within this chapter.
(g) Any sign erected on or projecting into the public right-of-way, except
signs expressly permitted in the right-of-way in this chapter.
(h) Signs that limitate a traffic control device.
(j) Changeable copy signs, except as part of a permanent sign as provided
in this chapter.
(k) Signs mounted on, painted on, projecting from, or otherwise located
on the roof of a building.
(l) Signs that are created as a result of an illuminated projection.
All signs regulated by this chapter, except temporary signs
in residential districts, window signs, and freestanding temporary
signs in nonresidential districts, that are erected, altered, relocated
or maintained are subject to a permit from the Township in accordance
with the following regulations:
(a) Application for sign permit. Application for sign permits shall be
made upon forms provided for by the Township and shall contain or
have attached thereto the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Location of building, structure, or lot to which the sign is
to be attached or erected.
(3)
Position of the sign in relation to nearby buildings, structures
and property lines.
(4)
Copies of the drawings of the plans and specifications and method
of construction and attachment to the building or in the ground.
(5)
Copy of stress sheets and calculations, if deemed necessary,
showing the structure as designed for dead load and wind pressure
in accordance with regulations adopted by the Township.
(6)
Name and address of the person, firm, corporation or association
erecting the structure.
(7)
Insurance policy or bond as required herein.
(8)
Such other information as the Township may require showing full
compliance with this and all other applicable laws of Chesterfield
Township and the State of Michigan.
(9)
When public safety requires it, the application containing the
aforesaid material shall, in addition, bear the certificate or seal
of registered architect or engineer as a condition to the issuance
of a permit as determined by Planning and Zoning and Building Department
requirements.
(10)
Permit applications for illuminated electronic signs shall include
a copy of the manufacturer's specifications for luminance.
(11)
The number of plans to be submitted shall be established by
resolution of the Township Board.
(12)
The Planning and Zoning Administrator or his/her designee shall
be the approving body for all signs except outdoor advertising signs,
which are subject to Planning Commission approval. Additionally, following
approval the Planning and Zoning Administrator, Building Department
approval is required for all signs as required by the Township to
satisfy building, electrical, fire and other related construction
codes.
(b) Permit fee. The fees for sign permits shall be established by resolution
of the Township Board.
(c) No permit shall be required for ordinary servicing, repainting of
existing sign message or cleaning of a sign. No permit is required
for change of message of a sign designed for periodic message change
without change of structure, including a bulletin board or billboard.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
A permanent structure for human occupation.
BUSINESS
Any legal use of a building, other than for a home occupation,
or residence by a person, firm or corporation. Although contained
in the same building as another business and owned by the same person,
an activity may be treated as a separate business if it is physically
separated from, uses different personnel than, and provides different
products or services than such other related business.
CANOPY
A roof structure, free of enclosing walls, that is freestanding
or extends from a building for the purpose of providing shelter over
an entryway.
CHANGEABLE COPY
That portion of a sign that is designed or used to display
characters, letters, words, or illustrations that can be readily changed
or rearranged by manual, mechanical, or electronic means without altering
the face of the sign.
ELECTRONIC MESSAGE SIGN
A sign with a fixed or changeable display or message composed
of a series of lights that may be changed through electronic means.
FIXTURE
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
FREESTANDING SIGN
Any and every sign erected on or affixed to the land and
any and every exterior sign that is not attached to a building.
FRONTAGE, BUILDING
The portion of a building facing a street that is occupied
by a single business, measured in linear distance.
FRONTAGE, STREET
The portion of a lot abutting a street, measured in linear
distance
FULL CUTOFF
A fixture that meets the standards of the Illuminating Engineering
Society of North America (IESNA), which means that the luminous intensity
(in candelas) at or above an angle of 90° above nadir is zero,
and the luminous intensity (in candelas) at or above a vertical angle
of 80° above nadir does not numerically exceed 10% of the luminous
flux (in lumens) of the lamp or lamps in the luminaire.
GLARE
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see and, in extreme cases, causing
momentary blindness.
HANGING SIGN
A sign that hangs perpendicular to a building wall and is
supported by or attached to the underside of a structure canopy, structure
arcade, covered entrance, awning or marquee.
LAMP
The component of a luminaire that produces light.
LIGHT TRESPASS
Light falling over property lines that illuminates adjacent
grounds or buildings.
LOT, ZONING
A single tract of land, located within a single block, which
at the time of filing for a sign permit is designated by its owner
or developer as a tract to be used, developed or built upon as a unit,
under single ownership or control.
LUMINAIRE
A complete lighting system, which includes a lamp or lamps
and a fixture.
MARQUEE
Any permanent roof-like structure projecting above the entrance
to a place of assembly, attached to and supported by the building
and projecting beyond the wall of the building.
MAXIMUM HEIGHT
The distance from grade to the highest edge of the sign surface
or its projecting structure.
MINIMUM HEIGHT
The distance from grade to the lowest edge of the sign surface
or its projecting structure.
NIT
A measure of luminance equal to one candela per square meter
NONCONFORMING SIGN
A sign that was lawfully permitted at the time it was erected
but is not permitted under current law. This does not include any
temporary sign, banner, or placard, including signs affixed to the
interior or exterior of windows.
ON-PREMISES SIGN
A sign which advertises only goods, services, facilities,
events, or attractions on the premises where located.
PREMISES
The contiguous land in the same ownership or control which
is not divided by a public street.
PROJECTING SIGN
A sign other than a wall sign, which is perpendicularly attached
to, and projects from a structure or building wall not specifically
designed to support the sign.
ROOF SIGN
Any sign erected, constructed, and maintained upon or over
the roof of any building and projecting above the roofline.
SIGN
Any display or object which is primarily used to identify
or display information about or direct or attract attention to a person,
institution, organization, business, product, event, location or otherwise,
or any religious, political, social, ideological or other message,
by any means, which is visible from any public street, sidewalk, alley,
park, or public property and is otherwise located or set upon or in
a building, structure or piece of land. The definition does not include
goods displayed in a window.
SKYGLOW
Light from a luminaire that is emitted above the horizontal
plane that passes through the lowest part of the luminaire.
TEMPORARY SIGN
A display sign, banner or other advertising device constructed
of cloth, canvas, fabric, plastic or other light temporary material,
with or without a structural frame, or any other sign intended for
a limited period of display that is not permanently anchored to the
ground or building.
WALL PLATE
A structural element, usually horizontal, situated along
the top of a wall at the level of the eaves for bearing the ends of
joists of a ceiling or rafters or trusses of a roof. "Plate height"
is the distance, measured vertically plumb, between the highest point
on the top of the uppermost wall plate of the exterior wall that bears
the building's highest roof structure and the existing grade
directly below that point.
WALL SIGN
A display which is painted on or attached directly to the
building wall or door.
WINDOW SIGN
A sign that is applied, painted, posted, displayed, or etched
onto a glazed surface, regardless of opacity or perforation, including
those placed or posted inside and located within 20 feet of the window
that are visible and legible from the exterior as determined by the
Planning Director or authorized designee.