[HISTORY: Adopted by the Board of Trustees
of the Charter Township of Northville 5-21-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 58.
Numbering of buildings — See Ch. 60.
Design and construction standards — See Ch. 72.
Zoning — See Ch. 170.
[1]
This ordinance superseded former Ch. 145, Signs, adopted 7-20-2006.
This chapter shall apply to all persons, firms, partnerships,
associations and corporations owning, occupying or having control
or management of any premises located within the Charter Township
of Northville.
The intent of this chapter is to regulate outdoor advertising
and all signs within the Township. These regulations are intended
to enhance the physical appearance of the Township, to preserve scenic
and natural beauty, and to create an attractive economic and business
climate. The following objectives are accomplished by establishing
the minimum amount of regulation necessary regarding the size, placement,
construction, illumination and other sign aspects in order to:
A.Â
Recognize the proliferation of signs is unduly distracting to motorists
and nonmotorized travelers, reduces the effectiveness of signs directing
and warning the public, causes confusion, reduces desired uniform
traffic flow and creates potential for accidents.
B.Â
Eliminate potential conflicts between business signs and traffic
control signs, which could create confusion and hazardous consequences.
C.Â
Recognize the principal intent of commercial signs is for identification
of an establishment on the premises, not for advertising special events,
brand names or off-premises activities.
D.Â
Enable the public to locate goods, services and facilities without
excessive confusion by restricting the number and placement of signs.
E.Â
Prevent placement of signs which will conceal or obscure signs of
adjacent uses.
F.Â
Protect the public right to receive messages, especially noncommercial
messages such as religious, political, economic, social, philosophical
and other types of information protected by the First Amendment of
the U.S. Constitution.
G.Â
Prevent off-premises signs from conflicting with land uses.
H.Â
Maintain and improve the image of the Township by encouraging signs
of consistent size which are complementary to related buildings and
uses and are harmonious with their surroundings.
I.Â
Prevent signs that are potentially dangerous to the public due to
structural deficiencies or disrepair.
J.Â
Prohibit certain types of signs due to the negative impact on traffic
safety and aesthetics.
For the purpose of this chapter, the following definitions shall
apply:
An obsolete sign that exists for a period of 180 consecutive
days.
A nonrigid fabric, Plexiglas or similar material attached
to a building by a supporting framework, and includes a business identification
message, symbol and/or logo.
A piece of cloth, canvas, plastic or other nonrigid material
used to display any words, numerals, figures, devices, designs, artwork,
graphics or trademarks used to convey a message or attract attention
to an individual firm, profession, business, product or message and
is visible to the general public.
An internally illuminated sign enclosed within a cabinet
or cover encompassing the sign.
When used to determine the permitted area of a sign, the
length of the building on which the sign will be located, or amount
of the facade occupied by a tenant, as measured parallel to the ground.
Recessed or projecting building elements shall not constitute the
building frontage.
A temporary ground or wall sign listing the name of the project,
developer, contractors, engineer or architects and located on a site
being developed.
The exterior walls of a building exposed to public view.
A sign where incandescent light bulbs, banners, pennants
or other such features are hung overhead and are not an integral,
physical part of the building or structure they are intended to serve.
A sign that intermittently reflects lights from an artificial
source, or the sun; a sign which has movement of any illumination
such as intermittent, flashing, scintillating or varying intensity;
a sign that has any visible motion caused by either artificial or
natural sources.
A freestanding sign, not attached to any building, supported
by more than one brace or a single base.
A sign used to advertise an occupation customarily conducted
in a dwelling unit that is clearly an incidental and secondary use
of a residential dwelling.
A sign illuminated by a direct or indirect source of light.
A sign that is expanded to its full dimension or supported
by gases contained within the sign or sign parts, at a pressure greater
than the atmospheric pressure.
A sign which is attached to or hung from a rooflike structure
and projects over a building entrance. A canopy or awning sign shall
not be considered a marquee sign.
For the purpose of this chapter, substances determined to
be natural materials include, but are not limited to, wood, stone
and brick. Plywood, pressed board, drywall, concrete block, poured
concrete, wood or metal paneling, steel, aluminum or alloys thereof,
sheet metal, or similar substances synthetically created in a manufacturing
process are generally excluded by this definition, although consideration
will be given to synthetic materials which simulate the appearance
of natural materials through the manufacturing process and meet the
intent of this chapter.
Any advertising structure or sign which was lawfully erected
and maintained prior to the effective date of this chapter, and any
amendments thereto, and fails to conform to all applicable regulations
and restrictions of this chapter.
A sign which does not meet the provisions of this chapter
or does not identify or advertise a bona fide business, tenant, owner,
activity conducted or product available on the premises where the
sign is displayed.
A sign which is not accessory to the principal use of the
premises.
A sign which pertains to the principal use of the premises.
A sign, containing any words, numeral, figures, devices,
designs, artwork, graphics or trademarks, painted directly on any
outside wall, roof or glass surface of any building.
A sign located in the ground and having at least 10 feet
between the bottom of the sign face and the established grade.
Any sign which is not permanently affixed to a building,
structure or the ground, including, but not limited to, sandwich board
signs, A-frame signs, inverted "T" signs and signs attached to a mobile
vehicle or person. This does not include temporary, real estate, construction,
and similar signs defined herein.
A sign attached to a building or other structure and extending
more than 12 inches beyond the building line or extending into the
right-of-way.
A temporary sign placed on the premises of a residential
or nonresidential development to indicate a proposed project or information
relative to availability.
A temporary sign placed upon a property and advertising it
for sale, rent or lease.
A sign that complies with the Michigan Manual of Uniform
Traffic Control Devices to direct traffic flow, regulate traffic operations
and provide information.
A sign located on a major thoroughfare and serving as the
entrance marker to a residential development.
Any words, numerals, figures, devices, designs, artwork,
graphics or trademarks used to convey a message or attract attention
to an individual firm, profession, business, product or message and
is visible to the general public.
Measured as the total area of a sign included within the
rectangle caused by encompassing the outermost edges of letters or
symbols and including the area within any illuminated border.
A sign with advertising that is not applicable to the present
use of the premises upon which the sign is located, such as a sign
tacked, nailed, posted, pasted, glued or otherwise attached to the
ground, trees, poles, stakes, or fences or to other objects.
A sign that is not rigidly attached to an arm, mast, spar
or building overhang.
A sign with or without letters or numerals such as marketing
signs, construction signs, signs related to an election or to identify
seasonal events, public and semipublic functions.
A sign used to display the current time and outdoor temperature.
A sign that is painted or attached to a vehicle, trailer
or other similar device and parked or placed primarily for advertising
purposes.
A sign erected or fastened to the wall of a building and
having the exposed face of the sign parallel to the plane of the wall;
not extending more than 12 inches beyond the surface of the portion
of the building wall on which it is erected or fastened.
Any sign or display that is visible from the exterior of
any building window.
Any sign which is not permanently applied, affixed or attached
to the interior or exterior of any building window and is constructed
of lightweight cardboard, cloth, plastic or paper materials and intended
to be displayed for special events, sales and notices.
A.Â
No signs shall constitute a traffic hazard or interfere with the
visibility of any traffic control device due to its size, location,
context, color or manner of illumination.
B.Â
No sign shall have any visible moving parts, visible mechanical movement
or any other apparent visible movement achieved by electrical, electronic,
or kinetic means, intermittent electrical pulsations or wind currents.
C.Â
A sign that does not meet the provisions of this chapter or does
not identify or advertise a bona fide business, tenant, owner, activity
conducted or product available on the premises where the sign is displayed
shall be considered an obsolete sign. When such a sign exists for
a period of 180 consecutive days, it shall conclusively be presumed
to be abandoned and shall be removed.
D.Â
No sign shall be placed so as to obstruct any fire escape, required
exit, window or door opening used as a means of passage from one part
of a roof to another or as access for fire-fighting purposes.
E.Â
The following signs shall not be permitted and are subject to removal.
(1)Â
Festoon signs.
(2)Â
Flashing, animated or moving signs.
(3)Â
Inflatable signs.
(4)Â
Portable signs.
(5)Â
Projecting signs.
(6)Â
Snipe signs.
(7)Â
Pole/pylon signs.
(8)Â
Off-premises signs.
(9)Â
Temporary window signs.
(10)Â
Marquee signs.
(11)Â
Obsolete and abandoned signs.
(12)Â
Banners.
(13)Â
Sandwich board signs.
(14)Â
Internally illuminated awnings or canopies.
(15)Â
Internally illuminated panel and box signs with light reflective
backgrounds.
(16)Â
Home occupation signs.
(17)Â
Vehicle signs.
(18)Â
Awning/canopy signs.
(19)Â
Swinging signs.
(20)Â
Painted wall signs.
(21)Â
Signs on gas station canopies.
(22)Â
Billboards.
(23)Â
Time-temperature signs.
(24)Â
Any other sign not specifically permitted.
The following nonilluminated signs shall be permitted in all
sign districts without obtaining a permit prior to installation:
A.Â
Regulatory and street signs.
B.Â
Decorative displays for holidays, public demonstrations, promotions,
civic welfare or charitable purposes when authorized by the Township
Board, provided that the display does not contain any advertising
material.
C.Â
Name plates or directory signs, defined as a sign located at the
pedestrian entry of a building listing occupants and tenants inside
a building or the address, provided that:
(1)Â
Signs are limited to one per building unless the building has more
than one entrance or direct frontage on more than one public thoroughfare,
in which case two signs are permitted.
(2)Â
Signs shall not be larger than two square feet in area.
(3)Â
For developments with multiple buildings, the style of the name plate
or directory sign shall be consistent.
D.Â
Municipal signs installed or approved by the Township Board. This
may include legal notices, emergency signs, special events or other
signs sanctioned by the Township.
E.Â
Flags bearing the official design of the United States, State of
Michigan, a public educational institution, or official design of
a corporation or award flags provided:
(1)Â
No more than three different flags are permitted on any single lot
of record.
(2)Â
In Sign Districts C, E and all other areas not identified below,
flags are limited to a maximum size of 40 square feet and flagpoles
are limited to 30 feet tall.
(3)Â
In Sign Districts A, B and D, flags are limited to a maximum size
of 60 square feet, and flagpoles are limited to 35 feet tall.
F.Â
Flags to market new developments, or homes within residential districts,
shall not contain any advertisement, names of individual firms, builders,
etc., but may state "open," "model" or other similar message. Such
flags shall be limited to two per driveway or development entrance
and may only be displayed during business hours.
G.Â
Memorial signs or tablets, names of buildings and date of erection
when signs are cut into a masonry surface or constructed of bronze
or other noncombustible material.
H.Â
Institutional bulletin boards used to display the name and announcements
of a religious institution, school, library, community center or similar
institutions, provided that:
I.Â
Real estate signs advertising the sale, rental or lease of the property
in residential districts provided that:
(1)Â
The sign is located on the lot or in front of the unit for sale.
(2)Â
One sign is permitted.
(3)Â
The sign shall not exceed six square feet in area.
(4)Â
The sign shall be placed at least 10 feet from the edge of the road
right-of-way or easement.
(5)Â
Signs shall be removed within seven days after the property has been
sold, rented or leased.
(6)Â
For signs advertising the general availability of units for sale,
rent or lease within multiple-family development projects, signs advertising
such may be added to the approved ground/entrance sign as a changeable
message, provided that the following standards are met:
(a)Â
The changeable message component of the sign must be complementary,
in terms of materials and color, to the ground sign upon which it
is attached.
(b)Â
The sign may not be internally illuminated.
(c)Â
The sign shall not occupy more than 10% of the permanent sign
area.
(d)Â
The area devoted to the changeable message component may be
in addition to the allowable sign area.
(7)Â
Temporary signs for the purpose of advertising residential open houses,
provided that the following standards are met:
J.Â
Informational signs, attached to a building and of a size and scale
intended to be viewed by pedestrians, such as but not limited to menus,
hours of operation, etc., provided that:
K.Â
Garage sale signs in residential districts, provided that:
L.Â
Temporary now-hiring signs for new businesses, provided that:
M.Â
Temporary signs related to an election, to identify seasonal events
or civic functions, provided that:
(1)Â
Signs shall not be placed more than 60 days before the event or cause
it advertises or supports and must be removed seven days after the
event advertised or supported has occurred.
(2)Â
Signs shall not be located within a public right-of-way.
(3)Â
In Sign Zones A, B, C, D and E, the sign shall not exceed 16 square
feet in area or four feet in height.
(4)Â
In all other sign zones, the sign shall not exceed six square feet
in area or 2Â 1/2 feet in height.
A.Â
No signs, except those established by Northville Township, Wayne
County, state or federal governments, shall be located in, project
into, or overhang a public right-of-way or dedicated public easement.
B.Â
Sign area.
(1)Â
Sign area for wall and window signs shall be measured as the total
area of a sign included within the rectangle created by encompassing
the outermost edges of letters or symbols and including the area within
any illuminated border. An area so created shall include all solid
surfaces as well as openings.
(2)Â
The sign area for ground signs shall include the entire face upon
which copy can be located. Uprights or supports shall not be included
in the area calculation.
(3)Â
Sign area is the total permitted, not per side of the sign, unless
otherwise noted.
C.Â
Panel or box signs must have dark backgrounds with light reflecting
letters.
D.Â
No more than four colors shall be used for letters and logos. Graduated
color changes within a single color range, black and white are not
considered additional colors.
E.Â
Illumination.
(1)Â
Unless otherwise noted herein, signs may be lighted. Lighting shall comply with the lighting standards contained in Chapter 170, Zoning.
(2)Â
Signs may be either internally illuminated or indirectly illuminated,
not both.
(3)Â
Illumination levels of externally illuminated signs shall not exceed
30 footcandles as measured at the sign.
(4)Â
Illumination levels of internally illuminated signs shall not exceed
20 footcandles as measured five feet from the face of the sign.
(5)Â
Lights shall be stationary and of reasonable intensity, shielded
and directed solely to illuminate the sign.
(6)Â
Light sources shall be shielded from all adjacent residential districts,
buildings and streets and shall not be of such brightness as to cause
glare that is hazardous to pedestrians or vehicles or create a nuisance.
(7)Â
Ground-mounted luminaries, when used for externally illuminated signs,
shall have internal or external light control louvers. Louvers shall
be designed and installed to confine 90% of the light to the sign.
Additional external louvers or barn-door-style louvers shall be specified,
if required to control light spill.
(8)Â
Luminaries shall be located so they do not block the sign.
(9)Â
Metal halide, fluorescent, compact fluorescent or LED light sources
shall be used for sign lighting. Incandescent or halogen lamps are
not permitted.
(10)Â
Exposed, uncovered neon tubing, an open spark or flame are not permitted.
F.Â
Ground signs.
(1)Â
Signs shall be located at least 10 feet from the road right-of-way
or easement.
(2)Â
Signs must be at least 50 feet from an adjacent residential zoning
district.
(3)Â
Signs must maintain a clear vision triangle measured 25 feet from
the intersection of the right-of-way or easement. Ground signs shall
not inhibit the vision of motorists and pedestrians. In the case of
an internal access drive or private road, the twenty-five-foot clear
vision triangle shall be measured from the edge of the pavement.
(4)Â
The sign area shall include the entire face upon which copy can be
located and including the area within any illuminated border. Uprights
or supports shall not be included in the area calculation.
(5)Â
Internally illuminated signs must contain individual letters, except
panel or box signs may be permitted for multiple tenant signs which
include signs for three or more businesses or tenants.
(6)Â
Indirect illumination is preferred by means of backlighting or provided
from the side or top of the sign. If ground lights are used, the height
shall not exceed 12 inches and not interfere with the content of the
sign. Ground-mounted lights must be screened from view by vegetation
or other means.
(7)Â
The material used for the sign base, and/or supports, must match
or be complementary to the building materials used on the site. The
base or supports must comprise at least 75% of the sign width.
(8)Â
The base of all ground signs must be planted with a combination of
low shrubs and flowers.
(9)Â
The height of a ground sign is measured from the level of the ground
at the nearest property line to the highest point of the sign structure,
including any supportive or decorative appendages. Signs shall not
be located on top of a berm or other elevations to artificially increase
the height.
(10)Â
For multiple tenant developments within Sign Districts A, B, C and
D, the ground sign may contain the name of the development and individual
tenants, provided that:
(a)Â
The sign area complies with the sign area permitted for the
sign district.
(b)Â
Signs shall consist of individual letters, except signs advertising
three or more businesses or tenants may utilize panel- or box-style
signs.
(c)Â
Panel- or box-style signs shall be the same color and style
and have dark backgrounds with light-colored letters.
(11)Â
For multiple-tenant developments within District E, the area of the
ground sign shall not exceed 48 square feet and may contain the name
of the development and individual tenants, provided that:
(12)Â
Additional ground signs may be permitted in accordance with the following
standards:
(a)Â
A corner lot may have two ground signs, provided that the total
lineal frontage of the lot is at least 300 feet.
(b)Â
An additional sign shall be allowed for each 300 lineal feet
of frontage, after the first 300 feet, along a major public thoroughfare.
(c)Â
If more than one sign is used, each sign shall be no greater
than 80% of the size permitted for one sign. For example, if 90 square
feet is permitted for one sign, the size for multiple signs shall
not exceed 72 square feet per sign.
(13)Â
Building addresses must be provided on each nonresidential ground
sign. The portion of the sign allocated for the address shall not
be counted against the allowable sign area.
G.Â
Wall signs.
(1)Â
Signs must be installed at least eight feet above the ground level
or sidewalk, whichever is higher.
(2)Â
Signs shall not extend more than 12 inches beyond the surface of
the portion of the wall on which it is erected or fastened.
(3)Â
Signs shall not extend higher than the roofline. If a sign is proposed
to be mounted to a mansard roof, the center line of the wall sign
shall correspond with the center line of the mansard roof.
(4)Â
Signs mounted on a building shall not project above the highest point
used to measure the height of the building.
(5)Â
Signs shall be located within the building's architectural elements,
such as a gabled roof.
(6)Â
Signs shall be located on the front of the building and used only
to display the name of the firm, the address or a symbol or type of
business.
(7)Â
Signs shall utilize individual internally illuminated letters. Box
or panel signs are not permitted, except a box or panel "capsule"
may be permitted, provided that the size does not exceed 15% of the
allowable sign area and is included in the total allowable sign area
calculation.
(8)Â
If the sign letters are attached to an exposed electrical raceway,
the raceway must match the color of the wall to which it is fastened.
(9)Â
For the purpose of measuring sign area, the frontage shall be defined
as the plane of the building, or tenant space, in which the sign will
be located. Recessed or projecting building elements shall not constitute
the building frontage.
(10)Â
One wall sign is permitted per zoning lot or per tenant of a multiple-tenant
building. An additional wall sign may be permitted at the discretion
of the Planning Commission, for the following circumstances:
(a)Â
Where a nonresidential building is oriented such that more than
one side of the building can be seen from a road, provided that the
sign is less than 60% of the maximum sign area allowed or each sign
is no greater than 80% of the size permitted for the sign district
in which it is located.
(b)Â
Where a nonresidential property abuts the I-275 right-of-way,
provided that the sign does not exceed the maximum area permitted
for the sign on the front of the building. Perspective or section
drawings may be required to demonstrate visibility.
(11)Â
The maximum allowable wall sign area may be increased in accordance
with the table below. The distance is calculated based on the closest
point of any portion of the building, or tenant space, to the right-of-way.
The maximum increase using this provision shall be 250 square feet.
|
Distance From the Future ROW
(feet)
|
Allowable Increase
| |
|---|---|---|
|
200 to 300
|
25%
| |
|
301 to 400
|
30%
| |
|
401 to 500
|
35%
| |
|
Greater than 501 feet
|
40%
|
H.Â
Window signs (permanent).
(1)Â
Permanent window signs are permitted in addition to allowed wall
or ground signs.
(2)Â
Except as noted below, window signs shall not be illuminated.
(3)Â
Interior window signs designating a business establishment as "open"
and having exposed neon, or the appearance of exposed neon, shall
be permitted as part of the allowable window sign area. The size of
the "open" sign shall not exceed three square feet.
I.Â
Directional signs, used to direct vehicular and pedestrian traffic
within the interior of a site, provided that:
(1)Â
The number of signs shall be limited to two per lot, unless otherwise
granted as determined by the traffic engineer.
(2)Â
Signs shall be planned, coordinated and approved for an entire site,
not at the requests of individual tenants.
(3)Â
The sign is placed behind the front yard parking setback.
(4)Â
Signs are not used as driveway identification markers, except in
the case of a one-way drive as determined by the traffic engineer.
(5)Â
The sign is less than four feet tall.
(6)Â
The sign does not exceed three square feet per side.
(7)Â
Signs are not used solely for advertising.
(8)Â
Signs are not illuminated.
J.Â
Menu and/or order boards intended to serve patrons using drive-through
facilities, provided that:
(1)Â
Signs shall be located on the interior of the lot and shall not be
legible from the exterior of the site.
(2)Â
Signs shall be intended only to service the public utilizing the
drive-through facility.
(3)Â
The placement, size, color or illumination shall not constitute a
traffic or pedestrian hazard or impair vehicular or pedestrian traffic.
K.Â
Residential entrance signs shall not exceed a total of 60 square
feet and must be illuminated by indirect illumination.
L.Â
Real estate/marketing signs for nonresidential properties and signs
identifying new development or construction, provided that:
(1)Â
Sign shall be limited to one sign per entrance or street frontage
for ground signs.
(2)Â
Ground signs shall not exceed 32 square feet per side.
(3)Â
Ground signs shall not exceed eight feet in height.
(4)Â
Ground signs shall be set back at least 10 feet from the road right-of-way
or easement.
(5)Â
For window signs, the sign area shall comply with the sign area permitted
for the sign district.
(6)Â
Signs advertising the sale, rent or lease of nonresidential buildings
shall be permitted for a maximum of 60 days and must be removed within
seven days after the property has been sold, rented or leased. Signs
removed then reinstalled or signs that become used as permanent signs
shall not be permitted and will be required to be removed.
The Schedule of Sign Regulations is included at the end of this chapter.
NOTE: The standards for signs in any district are located in § 145-6.
If, at the effective date of adoption or amendment of this chapter,
a lawful sign exists that is made no longer permissible under the
terms of this chapter as enacted or amended, such signs may be retained
in use, so long as it remains otherwise lawful. Nothing in this chapter
shall be deemed to prevent the normal maintenance or repair of a nonconforming
sign. A nonconforming sign:
A.Â
Shall not be changed to another type of sign which is not in compliance
with this chapter.
B.Â
Shall not be structurally altered in any way so as to prolong the
life of the sign or to change the shape, size, type, face or design
of the sign.
C.Â
Shall not be reestablished after the sign becomes an abandoned sign.
D.Â
Shall not be reestablished after damage or destruction if the estimated
expense of reconstruction exceeds 50% of the appraised replacement
cost, as determined by the Chief Building Official.
A.Â
No person shall alter, relocate, erect, or construct a sign without
a permit issued by the Township Building Department pursuant to the
following procedures. Signs that are exempt from the regulations of
this chapter do not require permits.
B.Â
Application for permit.
(1)Â
Copies of the application, plans and supplemental information shall
be filed with the Township Building Department, together with the
permit and inspection fees as established by resolution of the Township
Board.
(2)Â
Applications shall include following requirements:
(a)Â
A site plan drawn to a scale not greater than one inch equals
fifty feet.
(b)Â
The location of existing and proposed sign(s) and all existing
and proposed structures within 200 feet of the sign(s).
(c)Â
Dimensions, including the lettering, spaces and overall height,
width and area of the sign surface.
(d)Â
A color representation of the sign.
(e)Â
Method and color of illumination, if any.
(f)Â
A photometric plan to illustrate light levels on, and around,
the sign.
(g)Â
The total building wall and dimension, for wall signs.
(h)Â
The total window dimensions for window signs.
(i)Â
A landscape plan that identifies shrubs and flowers around the
base of the sign.
(j)Â
Additional information the Planning Department, Planning Commission
or Chief Building Official deems necessary and/or pertinent to the
application.
C.Â
Upon receipt of all necessary submissions, the Planning Department
shall review the application for conformity with the requirements
of this chapter. A permit shall be issued by the Building Department
for a sign that meets the requirements set forth in this chapter.
Approval may be conditioned upon compliance with reasonable regulations
or limitations having regard to the character of the sign, the surroundings
in which it is to be displayed, and the purposes of this chapter.
A permit shall not be assigned or transferred in any manner, whatsoever,
if the sign or signs covered by the permit are to be altered.
D.Â
Any permit may be suspended by the Chief Building Official or the
Director of Community Development for the following reasons:
A.Â
The Zoning Board of Appeals shall have power to hear and decide appeals
resulting from the enforcement of this chapter where it is alleged
by the appellant that there is error in any order, requirement, decision
or determination made by the Chief Building Official or any other
administrative official. The Zoning Board of Appeals shall take action
after a public hearing. A written notice of the time and place of
such public hearing shall be mailed to the owners of all lots or parcels
of land, or portion thereof, lying within 300 feet of the property
in question. Such notice shall be served by regular mail, at least
seven days prior to the date of the hearing.
B.Â
A variance may be granted by the Zoning Board of Appeals only in
cases involving practical difficulties or unnecessary hardships when
the evidence supports all the following affirmative findings:
(1)Â
The alleged hardships or practical difficulties, or both, are exceptional
and peculiar to the property of the person requesting the variance
and result from conditions which do not exist generally throughout
the township.
(2)Â
The alleged hardships and practical difficulties, or both, which
will result from a failure to grant the variance, include substantially
more than mere inconvenience or mere inability to attain a higher
financial return.
(3)Â
Allowing the variance will result in substantial justice being done,
considering the public benefits intended to be secured by this chapter,
the individual hardships that will be suffered by a failure of the
ZBA to grant a variance, and the rights of others whose property would
be affected by the allowance of the variance, and will not be contrary
to the public purpose and general intent and purpose of this chapter.
A.Â
When, in the opinion of the Chief Building Official, Director of
Community Development or the ordinance officer, a violation of this
chapter exists, the township shall issue a written order to the alleged
violator. The order shall specify those sections of this chapter which
the individual has violated. If the violator desires to appeal the
decision, a request for a hearing from the Zoning Board of Appeals
shall be made within 30 days. If the board of appeals upholds the
determination of the Chief Building Official, Director of Community
Development or the Ordinance Officer, the individual must correct
the violation within 30 days of the decision by the ZBA.
B.Â
If the Chief Building Official finds that a sign is abandoned or
structurally, materially or electrically defective, or in any way
endangers the public, the Chief Building Official shall issue a written
order to the sign owner and occupant of the premises stating the nature
of the violation and requiring the sign to be repaired or removed
within 30 days of the date of the order.
C.Â
In cases of emergency, the Chief Building Official may cause the
immediate removal of a dangerous or defective sign without notice.
Signs removed in this manner must present a hazard to the public safety
as provided in the Township's Building Code.[1]
D.Â
Any person who violates a provision of this chapter or who fails
to comply with any of the requirements thereof or who shall erect,
construct, alter or repair a sign in violation of this chapter shall
be responsible for a municipal civil infraction. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense subject to the following penalties:
(1)Â
The following civil fines shall apply in the event of a determination
of responsibility for a municipal civil infraction, unless a different
fine is specified in connection with a particular section:
(a)Â
First offense. The civil fine for a first offense violation
shall be in the amount of not less than $150, plus costs and other
sanctions, for each offense.
(b)Â
Repeat offense. The fine for any offense which is a repeat offense
shall be in an amount of not less than $300, plus costs and other
sanctions of each offense.
(2)Â
In addition to ordering the defendant determined to be responsible
for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue
any judgment, writ or order necessary to enforce or enjoin violation
of this chapter.
(3)Â
Each act of violation, and on each day upon which any such violation
shall occur, shall constitute a separate offense.
(4)Â
In addition to any remedies provided for by the Code of Ordinances,
any equitable or other remedies available may be sought.
