The purpose of the regulations in this article are to protect the public health, safety, and general welfare; to promote harmonious and orderly development; and to foster civic beauty by improving the appearance, character, and economic value of civic, commercial, and industrial development.
A.
General standards.
(1)
Reduction of parking. Off-street parking existing at the effective date of this chapter, or amendment thereto, in connection with the operation of an existing building or use, shall not be reduced to an amount less than required for a similar new building or new use, unless otherwise provided in this chapter.
(2)
Prohibition of motor vehicle sale and repair. The storage of motor vehicles displayed for sale and the repair of vehicles are prohibited in any off-street parking lot except for establishments approved for such uses.
(3)
Parking of semi-trucks in residential districts. Parking of semi-trucks, including semi-truck trailers, shall be prohibited in any mixed-use or residential district or on any residential property.
(4)
Provision of curb and vehicle stops. All off-street parking areas shall include curbs or vehicle stops to prevent vehicles from overhanging into or over public rights-of-way, sidewalks, or landscape areas.
(5)
Defined areas. Off-street parking areas and loading zones shall include painted lines, vehicle stops, or other delineating features to clearly define parking and loading spaces.
(6)
Location. All off-street parking areas shall be on the same lot as the use they serve or shall be within 500 feet, measured from the closest point of the building to the nearest point of the off-street parking area.
B.
Required parking.
(1)
Parking spaces required.
(a)
Usable floor area. Parking measurements based on building square footage shall be calculated by usable floor area as defined in this chapter.
(b)
Fractional spaces. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 shall require one additional parking space.
(c)
Use determinations. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with the use which the Zoning Administrator considers to be similar in type.
(d)
Bicycle parking substitution. In off-street parking areas with greater than 25 automobile parking spaces, bicycle parking spaces may be substituted for automobile parking spaces at the rate of 10 bicycle spaces per one off-street parking space, up to four 4% of the total number of required automobile parking spaces with a maximum of 10 automobile spaces replaced with bicycle parking.
(e)
ADA-compliant spaces. Off-street parking facilities shall provide spaces for the handicapped in accord with the provisions of Michigan Public Act 230 of 1972, as amended.
Total Number of Parking Spaces Provided in Lot | Minimum Number of Barrier-Free Spaces Required | Number of Van-Accessible Barrier-Free Spaces Required |
|---|---|---|
Up to 25 | 1 | 1 |
26 to 50 | 2 | 1 |
51 to 75 | 3 | 1 |
76 to 100 | 4 | 1 |
101 to 150 | 5 | 1 |
151 to 200 | 6 | 1 |
201 to 300 | 7 | 1 |
301 and Over | 8 | 1 |
(f)
Number of employees. The number of employees shall be based on the maximum number needed or the largest shift.
(g)
Number of spaces required. The minimum number of off-street parking spaces shall be determined in accordance with the following table:
Minimum Number of Parking Spaces | |
|---|---|
Land Use | Number of Spaces |
RESIDENTIAL | |
Accessory dwelling unit | 1 per dwelling unit |
Day care home | 1 per employee at largest shift, plus 1 per 5 clients |
Dwelling, one-family | 2 per dwelling unit |
Dwelling, two-family | 1.75 per dwelling unit |
Dwelling, three-family | 1.25 per dwelling unit |
Dwelling, four-family or greater | 1 per dwelling unit |
Dwelling, unit in mixed-use building | 1 per dwelling unit |
Elderly housing/assisted living | 1 per employee at largest shift, plus 0.25 per dwelling unit |
Group home | 1 per employee at largest shift, plus 0.5 per dwelling unit |
Live/work dwelling unit | 1 per unit |
Manufactured housing, mobile structure | 2 per dwelling unit |
Manufactured housing, permanent structure | 2 per dwelling unit |
INSTITUTIONAL | |
Community center | 3 spaces per 1,000 square feet of floor area |
Education (elementary/middle) | 1 per classroom, plus 2 per 5 seating in largest assembly area |
Education (secondary and institutions of higher learning) | 1 per 8 students, plus 3 per 5 seating in largest assembly area |
Government/municipal building | 1 per 300 square feet floor area |
Marina | 3 per 4 boat slips |
Private club, fraternal organization, or lodge hall | 1 per 400 square feet floor area |
Religious institution | 1 per 5 seats |
Theaters, assembly areas | 1 per 5 seats |
LODGING | |
Bed-and-breakfast | 2 per permanent resident family, plus 1 space per guest room |
Hotel | 1.3 per rentable room |
Inn/motel | 1 per rentable room |
SERVICE AND RETAIL | |
Automobile service establishment | 1 per 600 square feet gross space |
Bakery | 1 per 800 square feet floor area |
Bar, tavern, or alcohol service establishment | 1 per 150 square feet floor area |
Bowling alley | 1 per alley, plus 1 per 2 employees |
Cafe | 1 per 200 square feet floor area |
Drive-through establishment | Stacking for 3 vehicle spaces at each bay, ordering station, or machine in addition to use requirement. |
Farm stand | 3 per stand |
Funeral homes and mortuary establishments | 1 per 250 square feet floor area |
Golf courses | 1 per 3 golf holes plus 1 per 2 employees |
Greenhouse/nursery | 1 per 400 square feet sales area |
Kennels, veterinary hospitals | 1 per 300 square feet floor area |
Open air business | 1 per 200 square feet indoor floor area, plus 1 for each 1,000 square feet outdoor display area |
Personal service establishment | 1 per 400 square feet floor area |
Restaurant | 1 per 200 square feet floor area |
Retail, apparel | 1 per 350 square feet floor area |
Retail, art gallery | 1 per 300 square feet floor area |
Retail, furniture store | 1 per 1,000 square feet floor area |
Retail, grocery store | 1 per 300 square feet floor area |
Retail, unless otherwise specified | 1 per 250 square feet floor area |
Shooting range | 1.2 per shooting bay |
OFFICE | |
Clinic | 1 per 250 square feet of floor area |
Financial institution | 1 per 400 square feet floor area |
Offices, unless otherwise specified | 1 per 300 square feet floor area |
INDUSTRIAL | |
Manufacturing, assembling, processing | 1 per 400 square feet floor area |
Warehousing and distribution | 1 per 1,000 square feet floor area |
Wholesale activities | 1 per 1,000 square feet floor area |
(h)
Bicycle parking.
[1]
Compliance required. Whenever full off-street parking compliance is required in a C-1 or C-2 property, bicycle parking shall be established and shall be located within 50 feet of the main entrance of a building or inside a building in a location that is easily accessible by bicyclists.
[2]
Bicycle parking required. Bicycle parking shall be established for developments at the following rates:
[a]
Multiple-family dwelling units with five or more units or dwelling units in the C-2 and C-1 Districts shall provide one bicycle parking space per unit.
[b]
Commercial or mixed-use developments in the C-2 and C-1 Districts shall provide two bicycle parking spaces per lot, plus one bicycle parking space for every 10 vehicle parking spaces.
(i)
Snow storage. Off-street parking areas larger than 2,700 square feet shall be provided with on-site snow storage areas in addition to the required off-street parking area. Snow storage areas shall be provided on the ratio of 15 square feet per 100 square feet of off-street parking area. Snow storage areas shall be located in such a manner that when utilized does not interfere with clear visibility of traffic or adjacent streets and highways and so that the landscaping required in § 455-4.3 is protected from damage.
(2)
Parking reduction or deferral.
(a)
Collective parking. Joint use of the required parking areas may be permitted for two or more uses located on the same, adjacent parcels, or those located within 500 feet of one another. Reductions in the required number of off-street parking spaces are permitted in these instances. Each land use shall be categorized within the functions listed in the "shared parking" table, as determined by the Zoning Administrator. To calculate the required number of shared parking spaces to serve two functions, the requirements for each individual use shall be determined and then summed. This sum is then divided by the number found at the nexus of the two functions in the chart below to produce the effective parking needed:
Example: | Use 1 is residential and requires 12 spaces. |
Use 2 is retail and requires 32 spaces. | |
The sum of both requirements is 44 spaces. | |
The number at the nexus of the residential and retail uses is 1.2. | |
Dividing 44 by 1.2 yields 36.6 required spaces. | |
Fraction is rounded to produce the shared parking requirement: 37. |
Function | |||||
|---|---|---|---|---|---|
Function | Residential | Institutional | Lodging | Office | Service and Retail |
Residential | 1.0 | 1.5 | 1.1 | 1.4 | 1.2 |
Institutional | 1.5 | 1.0 | 1.5 | 1.3 | 1.3 |
Lodging | 1.1 | 1.5 | 1.0 | 1.7 | 1.3 |
Office | 1.4 | 1.3 | 1.7 | 1.0 | 1.2 |
Service and retail | 1.2 | 1.3 | 1.3 | 1.2 | 1.0 |
(3)
Deferred parking. For development in any zoning district, the Planning Commission may defer construction of the required number of parking spaces if the following conditions are met:
(a)
Evidence shall be presented by the applicant in support of a lower requirement.
(b)
Areas proposed for deferred parking shall be shown on the site plan and shall be sufficient for construction of the required number of parking spaces in accordance with the standards of this chapter for parking area design and other site development requirements.
(c)
Deferred parking areas shall be reserved to accommodate additional parking to meet the otherwise applicable minimum requirements. In the event that the Planning Commission determines that additional parking is required, a site plan shall be submitted to staff for approval. The additional parking shall be constructed within four months thereafter.
(d)
Other alterations to the deferred parking area may be initiated by the owner or required by the Zoning Administrator and shall require the approval of an amended site plan, submitted by the applicant accompanied by evidence documenting the justification for the alteration.
C.
Additional requirements for parking in Residential and Agricultural-Residential Zones.
(1)
Facilities required. The off-street parking facilities required for residential dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve and shall consist of a parking strip, parking apron, driveway, carport, garage, and/or some combination thereof.
(2)
Lot occupation. Parking areas shall be accommodated in paved or six inches of compacted stabilized aggregate (concrete, asphalt, brick, gravel and other similar materials) driveways but may not occupy more than 50% of any yard. Such parking area shall provide two parking spaces per dwelling unit where no garage is provided.
D.
Additional requirements for parking in mixed-use, commercial, and industrial zones.
(1)
Compliance required. Off-street parking and loading provisions of this section shall apply to the following:
(a)
New construction. For all buildings and structures erected and all uses of land established after the effective date of this chapter.
(b)
Enlargement. Whenever a building is expanded to increase its usable floor area by more than 25%.
(c)
Change in use. Whenever the use of a building or portion of a building is changed to accommodate a use requiring more parking than the former use.
(d)
Parking area construction and expansion. Pulverizing an existing asphalt, concrete, or other paved parking surface; the outright removal or substantial modification of the paved surface in preparation for paving; and demolition by neglect which serves to return a parking area substantially to gravel or other aggregate surface shall, for the purposes of this chapter, be considered a new parking area. Routine grading and maintenance will not be considered a new parking area.
(2)
Excessive parking. Parking in excess of 130% of the required number of parking spaces (rounded down to the nearest whole number) shall constitute excessive parking and shall not be permitted. Parking of more than 130% of the requirement will require a variance from the Board of Zoning Appeals. Each 10% increase above the required number of parking spaces shall require an additional 1% increase in the interior parking lot landscaping provisions provided in this section of the Zoning Ordinance.
(3)
Ingress and egress.
(a)
Driveway spacing. A maximum of one driveway for each 66 feet of lot width shall be allowed in mixed-use, commercial, and industrial zones: C-2, C-1, and I. Modification of this standard shall only be allowed where the plan for such access can be demonstrated to the satisfaction of the Planning Commission that traffic movement and traffic safety can better be served by such modification.
(b)
Vehicle stacking. Entrances shall be designed to allow vehicles entering the site to be stacked to prevent backup on the adjacent street. Parking lot entrances and exits shall be consolidated when possible to limit the number of access points to the site. In instances where parking areas are 100 feet or more wide, the parking lot entrance shall be a minimum of 50 feet from the nearest existing access drive.
(c)
Location relative to street intersections. Driveways shall be located as far away from street intersections as possible to prevent impeding the flow of traffic in the parking lot and prevent hazards in the street. Each driveway from any off-street parking lot located in an area zoned for other than single-family and two-family residential use shall be at least 25 feet distant from adjacent property located in any single-family residential district and shall be located at least 25 feet distant from any corner.
(d)
Shared driveways. Shared driveways are encouraged between adjacent properties in mixed-use, commercial, and industrial zoning districts, and for condominium units, whenever feasible.
[2]
A shared driveway easement agreement legally describing the driveway and providing for shared use of the driveway shall be entered into.
[3]
A shared driveway maintenance agreement between the owners of the parcels served by the shared driveway shall be entered into. Such agreement shall further address arrangements for standing, loading, and unloading in order to avoid undue interference with the shared use of any shared driveway.
[4]
The joint agreements entered into pursuant to Subsection D(3)(d)[2] and [3] above shall be recorded with the Berrien County Register of Deeds as a general deed restriction and shall bind the owners, including their successors and assigns, of all lots, parcels, and condominium units with access to the shared driveway. A copy of the recorded easement agreement and maintenance agreement shall be submitted to the Township prior to the issuance of a land use permit.
[5]
In the event a shared driveway is constructed over a shared property line, setback requirements shall be measured from the limits of the shared driveway easement.
(e)
Existing driveways. Except for shared driveways, existing driveways that do not comply with the requirements of this section shall be closed when an application for a change of use requiring a land use permit or a site plan requiring approval under this chapter is submitted and once approval of a new means of access under this section is granted. A closed driveway shall be graded and landscaped to conform to adjacent land and any curb cut shall be filled in with curb and gutter per the standards of the applicable road authority.
E.
Parking lot design.
(1)
Stormwater and drainage. Except for one- and two-family dwellings, off-street parking areas shall be drained with internal site drainage to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings unless otherwise approved by the Berrien County Drain Commission.
(2)
Materials and surfacing.
(a)
When the access road is paved: An entire parking area, including parking spaces, maneuvering lanes, and ingress and egress driveways, shall be covered with asphalt, concrete, brick, or other similar hard surface which meets drainage requirements in accordance with specifications approved by the Township.
(b)
When the access road is unpaved: A minimum requirement is six inches of compacted stabilized aggregate which meets drainage requirements in accordance with specifications approved by the Township. The parking area shall be surfaced prior to the issuance of a permanent certificate of occupancy. In instances where a parking area is nonconforming, the expansion or significant improvement of the use of the land or structure shall require the paving of such parking area to conform with this section. This surface shall be striped and maintained in good condition and free of weeds, dirt, trash, and debris.
(3)
Parking space design. Off-street parking areas shall be designed to the following minimum standards:
Maneuvering Lane | Parking Space | |||
|---|---|---|---|---|
Parking Pattern | Width (feet) | Width (feet) | Length (feet) | Total Width of 2 Parking Stalls Plus Maneuvering Aisle (feet) |
0° (parallel) | 12 | 8 | 22 | 28 |
30° to 44° | 12 | 9 | 18 | 48 |
45° to 59° | 14 | 9 | 18 | 52 |
60° to 89° | 18 | 9 | 18 | 58 |
90° | 22 | 10 | 19 | 60 |
(4)
Circulation.
(a)
All parking areas shall be provided with circulation aisles of adequate dimension to ensure efficient internal circulation.
(b)
Parking lots with 300 or more spaces shall include perimeter drives and a central access drive leading to the main building.
(c)
All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. All maneuvering lane widths shall permit one-way traffic movement, except that the 90° pattern may permit two-way movement.
(d)
Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.
(e)
Ingress and egress to a parking lot lying in an area zoned for other than single-family or two-family residential use shall not be across land zoned for single-family or two-family residential use.
(5)
Pedestrian circulation. All off-street parking areas except those in the Industrial (I) Zone, those intended for one- or two-family dwellings, or for farm operations in the AG-R District shall provide safe, efficient pedestrian circulation that meets the following requirements:
(6)
Bicycle parking construction standards.
(7)
Screening and landscaping.
(a)
Off-street parking areas and loading zones for uses other than one-, two-, three- or four-family residential dwellings that are adjacent to, or across the alley from, a residential use or zoning district shall be screened from the street.
(8)
Tree islands. All off-street parking areas with 20 or more parking spaces shall provide tree islands in the parking lot design satisfying the following standards:
(a)
Single-loaded aisles shall have one tree island containing one canopy tree at both ends of each row. The minimum dimensions for each island shall be nine feet by 18 feet.
(b)
Double-loaded aisles shall have one tree island containing two canopy trees at both ends of each row. The minimum dimensions for each island shall be 12 feet by 36 feet.
(c)
In addition to the above required tree islands, additional tree islands shall be provided at a ratio of one tree island per 10 parking spots and shall be evenly distributed throughout the off-street parking area. The tree islands shall contain one canopy tree each and shall have the minimum dimensions of nine feet by 18 feet.
(d)
Tree islands shall be surrounded by a concrete curb at a height of six inches. In addition to the required canopy tree(s), the interior of the islands shall be vegetated with turf and may be used for stormwater management; however, snow storage is prohibited. Any tree island used for stormwater must have appropriate curb cuts in order to allow the flow of stormwater into the island from parking areas.
(9)
Lighting. All parking areas, driveways, and walkways shall be illuminated to ensure the security of property and the safety of persons using such areas, in accordance with the requirements in § 455-4.6. The lighting may be shielded, pedestrian-level lighting rather than overhead light poles. Parking lot entrances shall be illuminated.
F.
Off-street loading requirements.
(1)
Compliance required. On the same premises with every building or structure involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading. This space shall be placed to avoid undue interference with public use of dedicated rights-of-way and parking areas.
(2)
Location and lot occupation. In the C-2 and C-1 Districts, all loading spaces shall be in the rear or side yard. Up to five of the off-street vehicle parking spaces required may be designated to be used as the loading zone. If required parking spaces are to be used as the loading zone, the applicant must supply adequate signage to show its use as such and to discourage parking during normal loading and unloading times.
(3)
Size. Unless otherwise specified, each required loading space shall be a minimum of 10 feet in width and 50 feet in length, with a vertical clearance of 15 feet.
(4)
Pavement types. All dedicated loading spaces shall be provided with a pavement having an asphalt or Portland cement binder to provide a permanent, durable, and dustless service.
(5)
Nonresidential uses in residential districts. For nonresidential uses in residential districts, all loading space sizes and locations shall be determined by the Planning Commission.
(6)
Loading space requirements. The minimum number of loading zone spaces shall be provided as described below.
Loading Zone Spaces Required | ||
|---|---|---|
Use Type | Size | Loading Space(s) |
Residential | 0 to 24 dwelling units 25 to 74 dwelling units 75 or more dwelling units 0 to 4,999 square feet gross floor area | None 1 2 Adequate off-street loading space as determined by the Planning Commission that is accessible by motor vehicle but does not interfere with pedestrian or vehicular traffic. The size of any loading space shall be based on the types of delivery vehicles the establishment uses. |
Nonresidential | 5,000 to 19,999 square feet gross floor area 20,000 to 75,000 square feet gross floor area | 1 1 plus 1 for each additional square feet |
(7)
Shared loading. Shared loading facilities may be substituted for individual loading spaces serving establishments on separate lots provided that all of the following conditions are fulfilled:
(a)
Each business served shall have adequate access to the shared loading area as determined by the Planning Commission.
(b)
Total loading space provided shall meet the minimum requirements specified in this section with respect to the total floor area of all businesses served by the shared loading space, unless otherwise determined by the Planning Commission.
(c)
No building served by the shared loading area shall be located more than 300 feet from it, unless otherwise determined by the Planning Commission.
A.
Intent and purpose. The intent of this section is to protect and manage vegetation to:
(1)
Safeguard and enhance private and public property values and encourage continued investment in the community.
(2)
Enhance community appearance and appeal, identify unique natural beauty, and promote quality development at a suitable scale.
(3)
Preserve the ecosystem benefits delivered by vegetation, including stormwater management, soil stabilization, temperature modulation, and improved air and water quality.
(4)
Provide visual screens between land uses of differing character and use intensities.
(5)
Promote the use of native plant materials while discouraging the use of invasive plant materials.
B.
General standards.
(1)
Planting materials. Plant material shall be healthy and free of insects, diseases, and physical damage.
(2)
Species.
(a)
Native plant species are recommended. Native plant species can be verified with the Berrien County Conservation District.
(b)
Invasive plant species shall be prohibited. The State of Michigan maintains a list of prohibited and restricted species established by the Michigan Natural Resources and Environmental Protection Act (Michigan Public Act 451 of 1994), regularly amended by Invasive Species Orders. The Berrien County Conservation District also maintains information about invasive species specific to southwest Michigan.
(3)
Visibility. Landscaping and screening materials shall be laid out in conformance with the requirements for clear vision areas and shall not obstruct the visibility of motorists or pedestrians. In any instances where the requirements of this section would result in reduced clear vision areas established in § 455-1.22, the Planning Commission may waive the requirement.
(4)
Utilities. Where overhead and underground utilities are present, consideration shall be given to the location and mature height of species. Adjustments to the location of required planting areas may be approved by the Planning Commission to avoid conflict with such utilities provided the intent of the planting or screening requirements are maintained.
(5)
Maintenance. All required landscaped areas shall be maintained in a healthy condition and kept orderly in appearance.
C.
Existing vegetation.
(1)
Preservation. Existing deciduous trees, evergreens, flowering trees, and shrubs shall be protected and incorporated into the site plan wherever feasible.
D.
Site requirements.
(1)
Ground cover. All areas in C-1, C-2, and I Districts not covered by buildings, parking areas, driveways, walkways, pedestrian amenities, or other impervious surfaces shall be replanted with ground cover, at a minimum. Ground cover may include:
(2)
Screening of equipment. Mechanical equipment, such as air compressors, pool pumps, transformers, sprinkler pumps, and similar equipment shall be screened on at least three sides. Insofar as practical, said screening shall exceed the vertical height of the equipment being screened by at least six inches within two years of planting.
E.
Landscape buffers and screening.
(1)
Screening between incompatible land uses. Effective screening shall be provided as required between incompatible land uses. The Planning Commission shall make the final determination on the required screening method based on site conditions and the specific land use. Screening materials may include the following, separately or in combination:
[Amended 9-16-2024 by Ord. No. 20240916; 5-23-2025 by Ord. No. 20250523A]
A.
Intent and purpose. The intent of this section is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, welfare, and traffic safety. While this section recognizes that signs and outdoor advertising are necessary to promote commerce and public information, it also recognizes that the failure to regulate them may lead to poor identification of individual business, deterioration and blight of the business and residential areas of the Township, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists. To achieve its intended purpose, this section has the following objectives:
(1)
To prevent the placement of signs in a manner that will conceal or obscure adjacent businesses or the signs of adjacent businesses.
(2)
To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products.
(3)
To keep signs within a reasonable scale with respect to the buildings they identify.
(4)
To reduce visual distractions and obstructions to motorists traveling along, entering, or leaving streets.
(5)
To promote a quality manner of display which enhances the character of the Township.
(6)
To prevent the proliferation of temporary signs which might promote visual blight.
(7)
Promote economic development by allowing a fair opportunity for each property owner to attractively display their message in a clean and clear way.
B.
General standards.
(1)
Permit required. Prior to the erection or structural alteration of a sign, a land use permit shall be secured from the Zoning Administrator. Where several signs are proposed for the same use, all such signs may be included in a single permit application.
(2)
Permit exceptions. Exceptions to the permit requirements of this subsection shall include the following:
(a)
Address signs bearing only the property numbers, post box numbers, name of occupants, or other identification of the premises, limited to one per building entrance and two square feet of area.
(b)
Historical signs designated by the state or federal government, limited to 10 square feet per parcel.
(c)
Government signs erected on behalf or pursuant to the authorization of a government body, including street signs, legal notices, informational signs, and regulatory signs.
(3)
Design and condition. All signs and sign structures shall be properly maintained and kept in a good state of repair.
(4)
Right-of-way. No sign shall be placed in the right-of-way except permitted awning, canopy, marquee, and temporary signs with approval by the agency managing the right-of-way. Temporary signs must allow four feet of unobstructed sidewalk clearance.
(5)
Clear vision area. No sign above three feet in height shall be placed in any required clear vision area.
(6)
Traffic interference. No sign shall be erected or maintained which simulates or imitates in size, color, lettering, or design any traffic sign or signal or other word phrase, symbol, or character in such a manner as to interfere with, mislead, confuse, or create a visual impediment or safety hazard to pedestrian or vehicular traffic.
(7)
General requirements exceptions. The standards of this section shall not be applicable to any sign not visible from a public right-of-way.
C.
Submittal requirements. Application for a land use permit to erect, alter, or move a sign shall include the following information, at a minimum:
(1)
Name, address, and telephone number of the applicant.
(2)
Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(3)
If proposed to be attached to a building, its proposed location on the building.
(4)
A plot plan with dimensions of the sign, location on the lot, illumination source, method of construction, and attachment to the building or placement in the ground.
(5)
Name of person, firm, or corporation erecting the sign.
(6)
Written consent of the owner of the building, structure, or lot to which or upon which the sign is to be erected.
(7)
Other information as the Zoning Administrator shall require to establish compliance with this section.
(8)
For temporary signs, the specific dates that the sign is to be displayed.
D.
Sign measurements.
(1)
Surface area.
(a)
Signs shall not exceed the maximum allowable area permitted in this section for sign type and district or use. When not limited to one sign of a specific type, the maximum area shall be determined by the cumulative total of all the signs of a specific type.
(b)
The area of a sign shall mean the area of all lettering, wording, and accompanying designs, logos, and symbols. The area of a sign shall not include any supporting framework, bracing, or trim which is incidental to the display, provided that it does not contain any lettering, wording, or symbols.
(c)
Where the sign consists of individual letters, designs, or symbols attached to a building, awning, wall, or window, the area shall be that of the smallest rectangle which encompasses all the letters, designs, and symbols.
(d)
Only one face of a double-sided sign will be used to determine the area of the sign.
(e)
For V-shaped signs, either horizontally or vertically oriented, with interior angles greater than 90°, the sign area is the sum of both sign faces; otherwise, the area is the same as for double-sided signs.
(2)
Height.
(a)
Sign height shall be measured as the distance from the highest portion of the sign to the mean finished grade at the base of the sign.
(b)
Clearance for projecting, awning, and canopy/marquee signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other structural elements.
(c)
The permitted maximum height for all signs is determined by the sign type and the zoning district or use in which the sign is located.
E.
Illumination. Internal and external illumination shall be permitted for all signs except where limited or prohibited in this section, subject to the following:
(1)
The maximum luminescence level of any sign shall be 0.3 footcandle (3.22 lux) over ambient light levels at any time, measured at a distance of 100 feet.
(2)
All illumination shall be concentrated on the area of the sign or landscape feature and directed or shielded to not interfere with the vision of persons on the adjacent streets or adjacent property.
(3)
No sign shall be illuminated by other than electrical means or devices, and wiring shall be installed underground in accordance with the National Electrical Code.
(4)
All illumination shall emit light measuring 4,000 K or warmer (between 0 K and 4,000 K) on the Kelvin scale and shall not exceed 800 lumens.
(5)
Internally illuminated signs shall have a dark background and light lettering.
(6)
No sign shall include reflective materials.
F.
Freestanding/monument sign.
(1)
Definition. A sign supported by structures or supports that are placed on, or anchored in, the ground and that is independent and detached from any building or other structure.
(2)
Regulations and standards.
(a)
Freestanding ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(b)
No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, sidewalk right-of-way, or other areas required to remain unobstructed.
Freestanding Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R | Illuminated: 32 Unilluminated: 40 | 12 | 1 per parcel | • External illumination only • 10 feet setback from ROW | Yes |
R-1 | 2 | 4 | 1 per parcel | • Illumination prohibited • Min 10 feet setback from ROW | Yes |
R-1; Institutional Uses | Illuminated: 24 Unilluminated: 30 | 6 | 1 per parcel | • External illumination only • Min 10 feet setback from ROW | Yes |
R-2 | Illuminated: 20 Unilluminated: 30 | 6 | 1 per parcel | • Min. 10 feet setback from ROW | Yes |
MR | Developments: Illuminated: 24 Unilluminated: 30 | 6 | 1 per entrance | • External illumination only • Min. 5 feet setback from ROW | Yes |
Individual Lots | 4 | 1 per parcel | • Illumination prohibited • Min 10 feet setback from ROW | Yes | |
C-1, C-2 | Illuminated: 32 Unilluminated: 40 | 6 | 1 per parcel | • Min. 5 feet setback from ROW | Yes |
UPV, UPC | Illuminated: 32 Unilluminated: 40 | 5 | 1 per parcel | • Min. 5 feet setback from ROW | Yes |
I | Illuminated: 32 Unilluminated 30 | 6 | 1 per parcel | • Min. 10 feet setback from ROW | Yes |
M | Illuminated: 32 Unilluminated 40 | 6 | 1 per parcel | • Min. 5 feet setback from ROW Must be turned off outside of business hours | Yes |
G.
Wall signs.
(1)
Definition. A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. Also known as a fascia sign, parallel wall sign, or band sign.
(2)
Regulations and standards.
(a)
No portion of a wall sign shall extend out more than 12 inches from the building wall on which it is affixed.
Wall Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet or type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R | 20% of facade, not to exceed 100 square feet | 12 | N/A | • External illumination only | Yes |
R-1 | 4 | 6 | N/A | • Illumination prohibited | Yes |
R-1: Institutional Uses | 20% of facade, not to exceed 50 square feet | 14 | N/A | • Illumination prohibited | Yes |
R-2 | 20% of facade, not to exceed 50 square feet | 14 | N/A | • External illumination only | Yes |
MR | Developments: 20% of facade, not to exceed 50 square feet | 14 | N/A | • External illumination only | Yes |
Individual Lots - 4 | 14 | N/A | • Illumination prohibited | Yes | |
C-1, C-2, I | 20% of facade, not to exceed 100 square feet | 14 | N/A | • External illumination only | Yes |
UPV, UPC | 20% of facade, not to exceed 50 square feet | 14 | 1 per parcel | • Illumination prohibited | Yes |
M | 20% of facade, not to exceed 100 square feet | 14 | 1 per parcel | • External illumination only Must be turned off outside of business hours | Yes |
H.
Awning signs.
(1)
Definition. A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
(2)
Regulations and standards.
(a)
Awning signs shall only be allowed on the first floor.
(b)
Awning signs must be centered within or over architectural elements such as windows or doors.
(c)
Letters or numerals shall be located only on the front and side vertical faces of the awning.
(d)
Logos or emblems are permitted on the top or angled portion of the awning up to a maximum of three square feet. No more than one emblem or logo is permitted on any one awning.
(e)
First-floor awning signs shall be a minimum of eight feet above the finished grade.
(f)
Any ground-floor awning projecting into a street right-of-way must be retractable and shall not extend closer from the curbline than six feet.
(g)
Awnings above the ground floor may be fixed, provided they do not project more than four feet from the face of the building.
Awning Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R developments in MR | 50% of awning area | 14 | N/A | • Limited to first floor • Illumination prohibited • Shall be min. 8 feet above grade • Shall not project more than 4 feet • Allowed to encroach ROW with road agency approval | Yes |
UPV, UPC | 25% of awning canopy | 14 | N/A | • Limited to first floor • Illumination prohibited • Shall be min. 8 feet above grade • Shall not project more than 4 feet • Allowed to encroach ROW with road agency approval | Yes |
I.
Canopy/marquee signs.
(1)
Definition. A sign on a structure other than an awning made of fabric, metal, or other material that is either supported by columns or posts affixed to the ground and may also be connected to a building, or supported by and projecting from a building, and providing protection from the elements.
(2)
Regulations and standards.
(a)
Signage shall only be allowed on the valance area of a canopy or marquee.
(b)
Shall not extend closer than six feet from the curbline. Any canopy or marquee sign projecting into the street right-of-way shall receive approval from the governing right-of-way agency prior to being issued a zoning permit.
(c)
Shall be a minimum of eight feet above the finished grade.
Canopy/Marquee Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
All Districts except R-1 | 90% of valance area | N/A | 1 per building | • Limited to first floor • Shall be a min. 8 feet above grade • Shall not project more than 4 feet • Allowed to encroach ROW with road agency approval | Yes |
J.
Projecting signs.
(1)
Definition. A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee.
(2)
Regulations and standards.
(a)
No portion of a projecting signs shall project more than four feet from the face of the building.
(b)
Projecting signs shall be a minimum of eight feet above the finished grade.
(c)
Illumination is prohibited.
(d)
Projecting signs under an arcade, canopy, or covered porch outside of the right-of-way shall not count towards the maximum square footage allowed.
Projecting Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
C-1 and C-2 | 8 | 14 | 1 per business | • Maximum square footage is per sign, not cumulative total • Limited to first floor • External illumination only • Shall be a min. 8 feet above grade • Shall not project more than 4 feet • Allowed to encroach ROW with road agency approval | Yes |
UPC, UPV | 8 | 10 | 1 per business | • Maximum square footage is per sign, not cumulative total • Limited to first floor • External illumination only • Shall be a min. 8 feet above grade • Shall not project more than 4 feet • Allowed to encroach ROW with road agency approval | Yes |
K.
Window signs.
(1)
Definition. Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material behind a store window are not considered signs.
(2)
Regulations and standards.
(a)
Illumination shall be prohibited except for neon signs in nonresidential zoning districts.
(b)
Translucent or semitransparent window signs shall be counted toward the total area limits.
Window Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
All districts and uses | 25% of each window | N/A | N/A | • Illumination prohibited • Translucent or semitransparent portions of window signs shall be counted toward percent of window occupied | No |
L.
Electronic display signs. Electronic display signs are subject to the following regulations in addition to all other requirements established in this section.
(1)
Definition. A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video.
(2)
Regulations and standards.
(a)
Sign type. Electronic display signs are permitted in the form of freestanding and wall signs.
(b)
Height. Electronic display signs shall have the same height limits as freestanding or wall signs for a given district or use.
(c)
Area. Electronic display signs shall not exceed 30% of the total sign area of a freestanding or wall sign for a given district or use.
(d)
Maximum number. The maximum number of electronic display signs per parcel shall be limited to one.
(e)
Maximum luminescence. The sign shall possess automatic dimming capabilities so that the maximum luminescence level is not more than 0.3 footcandle (3.22 lux) over ambient light levels at any time, measured at a distance of 100 feet.
(f)
Display.
[1]
The sign display shall not flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.
[2]
The display shall transition by changing instantly, with no transition graphics, such as fading in or out.
[3]
Each display shall be of the same light intensity.
[4]
All display shall have a dark background with light content.
[5]
The display shall not change at an interval less than five seconds.
[6]
Electronic display signs shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.
(g)
The addition of an electronic display sign into an existing conforming sign shall require a zoning permit. The addition of an electronic display sign into an existing nonconforming sign shall be prohibited.
Electronic Display Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
Institutional Uses in Residential Districts, C-1, C-2, I Districts | 16 | 6 | 1 per parcel | Shall only be installed as a freestanding sign and shall count toward the maximum area of allowable freestanding signage | Yes |
M.
Environmentally activated signs.
(1)
Definition. Signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, feather flag signs, and/or other devices or displays that respond to naturally occurring external motivation.
(2)
Regulations and standards.
Environmentally Activated Signs Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R, C-1, C-2, UPC, UPV, M | 20% of facade, not to exceed 100 square feet | 14 | 1 per parcel | • Illumination prohibited • May be displayed only during hours when the business is open and must be placed five outside of the public right-of-way | No |
N.
Small temporary signs.
(1)
Definition. A type of nonpermanent sign that is located on private property that can be displayed for a limited duration of time and is not intended to be a permanent display.
(2)
Regulations and standards. Small temporary signs may be permitted in the right-of-way in the Highway Commercial (C-2) or General Commercial (C-1) Districts subject to all applicable standards of this chapter but shall be removed at the close of business each day.
Small Temporary Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R, C-1, C-2 | 12 | ||||
MR | Developments: 12 | 6 | N/A | Illumination prohibited | No |
Individual lots: 8 | |||||
O.
Large temporary signs.
(1)
Definition. A type of nonpermanent sign, permitted to be larger than a small temporary sign, that is located on private property that can be displayed for a limited duration of time and is not intended to be a permanent display.
(2)
Regulations and standards.
(a)
Shall be located no closer to the side property line than the principal building.
(b)
Large temporary signs may be displayed up to a maximum of 90 consecutive days, two times per year.
Large Temporary Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
AG-R, C-1, C-2 | 16 | 6 | N/A | Illumination prohibited | Yes |
MR | Developments: 24 | ||||
P.
Temporary signs in Union Pier Districts. The following regulations for temporary signs shall apply in the Union Pier Districts; Union Pier Village (UPV) and Union Pier Corridor (UPC) due to the greater variety of temporary signs that are possible in the district and the greater degree of control the Township shall need to exercise to maintain walkable and orderly development in the district.
Temporary Signs in Union Pier Districts Sign Regulations and Standards | ||||||
|---|---|---|---|---|---|---|
Type | Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
Off-premises commercial advertising | UPV, UPC | 16 | 6 | 1 | • Illumination prohibited • Must be located outside the ROW • Permitted duration is 90 consecutive days | No |
Off-premises commercial advertising | UPV, UPC | 3 | 3 | 1 | • Must be located outside the ROW • Permitted duration is 90 days throughout 1 calendar year | Yes |
Banner | UPV, UPC | 32 | 16 | 1 | • On a corner lot in a commercial or mixed-use district, 2 signs, 1 facing each street shall be permitted | No |
Sandwich board | UPV, UPC | 6 per side | 4 | 1 | • 3 feet clear of sidewalk • 30 consecutive days twice per year | Yes |
Small flagpoles | UPV, UPC | 10 | 8 | 1 | Yes | |
Feather flag sign | UPV, UPC | 32 | 12 | 3 | • Illumination prohibited • May be displayed only during hours when the business is open | No |
Q.
Billboards.
(1)
Definition. An outdoor sign erected for the purpose of advertising a product, event, person, business or subject not related to the premises on which the sign is located. Permitted off-premises directional signs shall not be considered billboards for the purpose of this article.
(2)
Findings. The Township has made the following determinations regarding billboards:
(a)
The placement of signs on lots or structures in the Township that exceed the maximum permitted standards of this section for freestanding signs would result in visual pollution and obstructions of light and air for adjoining lots and uses.
(b)
Billboard signs are not appropriate in areas zoned for residential uses because the intense nature of the display activity would be harmful to residential property values and incompatible with residential neighborhood quality of life.
(c)
Billboard signs are not appropriate in the Township's commercial and mixed-use districts because such signs would be out-of-scale with the structures and limited commercial character of the districts, incompatible with abutting residential uses, and harmful to the promotion of commerce in the districts.
(d)
Unrestricted display of billboard signs along the arterial streets and thoroughfares in the Township would create visual clutter.
(3)
Regulations and standards.
(b)
Spacing and setbacks. All billboards shall meet the following spacing and setback requirements:
[1]
Set back at least 100 feet from any existing freestanding sign.
[2]
Set back a minimum of 50 feet from any property line.
[3]
Set back at least 500 feet from any residential zoning district.
[4]
Set back at least 500 feet from any school, religious institution, hospital, cemetery or government building.
[5]
Minimum spacing between billboards on the same side of the right-of-way shall be 1,000 feet.
(c)
Illumination. All illuminated billboards shall meet the following standards:
[1]
Except billboards containing electronic display signs as regulated below, all billboards shall be externally illuminated with downward facing, shielded light fixtures.
[2]
Billboard illumination shall be limited to a maximum of 4.52 lux per meter squared beginning one hour after sunrise and continuing until one hour before sunset, and not greater than 0.21 lux per meter squared all other times.
[3]
Electronic display signs shall be permitted to occupy the entire allowable area of the billboard but shall meet all the message display standards in § 455-4.4L. Electronic display signs shall be prohibited from being incorporated into any nonconforming billboard.
Billboard Sign Regulations and Standards | |||||
|---|---|---|---|---|---|
Allowable Districts or Use | Max. Area (total square feet for type) | Max. Height (feet) | Max. Quantity | Limitations | Permit Required |
I | 200 | 30 | 1 per parcel | • Electronic message signs prohibited | Yes |
R.
Business center signs. A sign located on a parcel of land that is developed to advertise a group of businesses, planned complex, or multi-tenant building on contiguous parcels within the same area no more than 1,500 feet from the proposed signage.
S.
Prohibited signs. The following signs shall be prohibited in the Township:
(1)
No sign or banner shall be placed across any public right-of-way except by permission of the Township and the applicable road agency.
(2)
Signs incorporating any manner of flashing, strobe, or moving lights, except for approved electronic display signs.
(3)
Animated signs. A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
(a)
Mechanically activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means, including inflatable signs.
(b)
Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds one hour. This prohibition shall not apply to permitted electronic message signs.
(4)
Signs affixed to benches, trees, or utility poles.
(5)
Abandoned signs.
(7)
Roof signs.
(8)
Pole- or pylon-mounted signs, except associated with the installation of an approved billboard sign.
(9)
Portable and vehicle signs parked primarily for the purpose of attracting attention to the message contained within.
(10)
No murals shall be allowed.
T.
Nonconforming signs. A legal nonconforming sign may be continued and shall be maintained in good condition, including replacement faces. The nonconforming sign will be allowed to continue, except in the following circumstances:
(1)
Increase in nonconformity. A nonconforming sign shall not be expanded or altered so as to increase the degree of nonconformity of the sign, including a change from a manual changeable letter sign to electronic changeable copy sign.
(2)
Structural deterioration. A nonconforming sign structure shall not continue in instances where the sign structure in question has fallen into a physical state of disrepair.
(3)
Reestablished after change in use. A nonconforming sign shall not be reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50% of the appraised replacement cost, as determined by the Building Official.
(4)
Substitution. No nonconforming sign structure shall be replaced with another nonconforming sign structure.
U.
Removal of unsafe, unlawful, or abandoned signs.
(1)
Unsafe or unlawful signs. Upon written notice by Zoning Administrator, the owner, person, or firm maintaining a sign shall remove the sign when it becomes unsafe; is in danger of falling; becomes so deteriorated that it no longer serves a useful purpose of communication; is determined by the Zoning Administrator to be a nuisance; is deemed unsafe by Zoning Administrator; or is unlawfully erected in violation of any of the provisions of this chapter. The Township may remove or cause to be removed the sign at the expense of the owner and/or lessee in the event of the owner of the person or firm maintaining the sign has not complied with the terms of the notice within 30 days of the date of the notice. In the event of immediate danger, the Township may remove the sign immediately upon the issuance of notice to the owner, person, or firm maintaining the sign.
(2)
Abandoned signs.
(a)
It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 180 days of the sign becoming abandoned as defined in this chapter. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure, and structural trim.
(b)
Where the owner of the property on which an abandoned sign is located fails to remove such sign in 180 days, the Township may remove such sign. Any expense directly incurred in the removal of such sign shall be charged to the owner of the property. Where the owner fails to pay, the Township may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.
A.
Intent and purpose. The purpose of this section is to provide adequate measures for the retention, detention, and distribution of stormwater in a manner that minimizes adverse impacts on water quality and quantity during development.
B.
Applicability. This section applies to any application for development approval required by this chapter.
C.
Berrien County Drain Commission specifications. No development, other than one- and two-family residential structures, shall take place except in conformity with the stormwater detention requirements specified by the Berrien County Drain Commission.
D.
Additional provisions.
(1)
Low-impact development. Low-impact development (LID) stormwater management techniques are a set of small-scale stormwater management practices which mimic and work with nature to reduce water runoff and pollutants and provide a natural open space. By incorporating LID practices, the amount of site development area necessary to be dedicated to a traditional stormwater basin can often be decreased substantially. For example, required landscaping areas may also function as bioswales or retention basins. The use of low-impact stormwater management design techniques may be required, especially in areas adjacent to environmentally sensitive areas or in circumstances where water is proposed to be redirected into environmentally sensitive areas.
(2)
Multiuse facilities. The use of multiuse detention facilities to alleviate existing flooding problems, preserve species habitat, maintain the visual qualities of the community's natural landscapes, or enhance nearby recreational facilities may be required. Multiuse facilities are stormwater management facilities that provide stormwater management functions and other benefits, such as water quality improvement, water recharge, open space, recreation, or habitat. Such facilities shall not increase the rate or volume of erosion resulting from the use of a facility without multiple uses.
(3)
Pretreatment facilities. Where stormwater will be directed to municipal storm sewer systems, the use of pretreatment structures such as oil-water separators may be required.
A.
Intent and purpose. The provisions of this section are intended to control the use of outdoor, artificial illuminating devices emitting rays into the sky by:
B.
Standards.
(1)
Height. The maximum pole height for exterior lighting shall not exceed 14 feet in residential zones and 25 feet in mixed-use zones.
(2)
Location. Lighting poles shall be located in landscaped areas where possible.
(3)
Wall pack. Wall pack lighting shall be limited to above points of ingress and egress on side and rear facades for security purposes.
(4)
Prohibitions. The following light sources and fixtures shall be prohibited:
C.
Exemptions. The following uses and activities shall be exempt from the standards of this section, provided they do not create glare perceptible to persons operating motor vehicles in the public right-of-way:
(1)
New technology. The Zoning Administrator may grant exceptions to the material, light source, or method of installation standards in this section in consideration of any new state-of-the-art technology, so long as the exception still meets all other applicable standards of this section.
(2)
Residential lighting. Low-intensity residential decorative lighting, such as porch lights or low-level facade and landscape lighting, provided any such lights are directed toward the residential building or land.
(3)
Holiday decorations. Provided the decorative exterior lighting shall not include searchlights, floodlights, or stroboscopic lights.
(4)
Neon lights. Displayed in windows or part of an approved sign.
(5)
Flag lighting. Luminaires used for the illumination of the flag of the United States of America.
(6)
Temporary lighting. Associated with an approved temporary event permitted by this chapter.
(7)
Statutory authority. Circumstances where federal or state laws, rules, or regulations take precedence over the provisions of this section, or where fire, police, emergency, or repair personnel need light for temporary or emergency situations, or lighting that is only activated at the time of power outages.
D.
Illumination.
(1)
Intensity. The maximum intensity of light within any site shall not exceed the following standards:
Illumination Intensity | |
|---|---|
Lighting Location | Maximum Intensity Allowable [footcandles (fc) at grade] |
At any point within the site | 10.0 |
Average for the overall site | 5.0 |
At any lot boundary or road right-of-way | 0.5 |
(2)
Exceptions. Outdoor vehicle dealerships may permit a maximum lighting intensity of 20 footcandles for paved display areas. Fuel station canopy lights may permit a maximum lighting intensity of 20 footcandles under the canopy, provided that all light fixtures shall be recessed into the structure. All other site lighting shall follow this chapter.
(3)
Color temperature. All exterior lighting shall emit light measuring 4,000 K or warmer (between 0 K and 4,000 K) on the Kelvin scale.
(4)
Brightness. All exterior lighting sources shall be limited to a maximum brightness of 800 lumens.
E.
Shielding and filtration.











