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CURRENT LANGUAGE PROPOSED LANGUAGE SECTION 21.38 SIGNS AND BILLBOARDS Amended 3.29.2018 INTENT The sign standards contained in this Ordinance are declared to be necessary to protect the general health, safety, and welfare of the citizens of Otsego County. It is the intent of this regulation to insure a degree of standardization in signage throughout the county, to insure the safety of pedestrians and motorists who must drive or otherwise negotiate installed signage and motorists who depend on the visibility of a sign’s message to safely arrive at an intended destination. Standardization will preserve the aesthetics, appearance and functionality of all installed signage. Any publicly displayed sign, symbol or notice on premises to indicate the name of the occupant, to advertise the business there transacted, or directing to some other locale, shall be regulated as follows, and shall require permits in accordance with the terms of the County Building Code: Sign plans shall be reviewed for approval, conditional approval or rejection by the Zoning Administrator. For disagreements with the rulings of the Zoning Administrator, the applicant may appeal to the Zoning Board of Appeals, who in such instances has final authority on the sign plan. The standards in this Article are determined to be the minimum necessary to achieve the above stated purposes. Compliance with this Section does not relieve the applicant from the responsibility of compliance with other local, state or federal sign regulations, nor does the issuance of a Sign Permit grant permission to the applicant to place signs on any property, including road rights-of-way, other than property owned or otherwise legally under the control of the applicant. The issuance of a Sign Permit only assures the applicant that the sign meets the requirements of the County Zoning Ordinance. 21.38.1 Signs Authorized and Requiring a Permit All applications for a Sign Permit shall first be submitted to the Zoning Administrator. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Zoning Administrator showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed by a registered design professional. The Zoning Administrator may issue such permits when all applicable provisions of this Ordinance have been met. 21.38.1.1Accessory Signs 21.38.1.1.1 Districts: R1, R2, R3, RR Number Allowed: One Maximum Height: Eight feet Measured: From the average grade at the base of the sign to the top of the sign support. Maximum Size: 15 sq. ft. 21.38.1.1.2 Districts: AR, FR Number Allowed: One Maximum Height: Eight feet Measured: From the average grade at the base of the sign to the top of the sign support. Maximum Size: 32 sq. ft. 21.38.1.1.3 Districts: B1, B2, B3, HX, I Number Allowed: Two with the following four regulations: Regulation 1: One sign shall be affixed to or be within two feet of and be parallel with the wall of the main building. Maximum Size: Signs mounted on and parallel with the wall of the main building shall not exceed a total surface area of fifteen percent (15%) of the mounting wall. If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage. ---PAGE BREAK--- Regulation 2: One Sign may be a freestanding sign. Maximum Height: Twelve feet (12’) Maximum Size: 56 sq. ft. and length shall not be longer than three times its width. Regulation 3: One Sign may be a pylon sign. Maximum Height: Thirty-five feet (35’) Maximum Size: Sign Specifications must be prepared by a design professional and must comply with any Airport Zoning Ordinance and the Tall Structures Act. Pylon Signs approved and installed before the date of this ordinance change shall be allowed provided they exhibit structural integrity, are safe and well maintained. Regulation 4: All businesses may display window signs in ground level windows in addition to any wall signs. Window signs shall not cover more than twenty percent (20%) of the total window area. Where multiple windows are installed, signage may not be aggregated to cover any window one hundred percent (100%) restricting all visibility from the interior and exterior. Signage may cover no more than fifty percent (50%) of the window on the horizontal and vertical dimension. Total coverage for multiple window panels will not change. 21.38.1.1.4 Signs for shopping centers or other commercial developments with two or more units developed as offices, office service units, research facilities, manufacturing facilities, retail spaces with multiple stores, commercial PUD’s, large retail stores with a building area over 100,000 sq. ft. or other commercial developments requiring Special Use Approval and which have a common off street parking and a common entrance or entrances may install accessory signs in accordance with the following six regulations: Regulation 1: Signs which direct traffic movement within a property and which do not exceed 4 sq. ft. in area for each sign are permitted. Regulation 2: One free-standing identification sign for each street that the development faces. a. The freestanding sign shall state only the name of the shopping center or multiple use development and tenants located therein. b. No freestanding sign face shall exceed an area of 100 sq. ft. c. Freestanding signs shall not exceed a height of thirty feet (30’) measured from the average grade at the base of the sign to the top of the horizontal sign frame supporting the sign face. d. Tenants of the shopping center or the owner of outlets included with the development plan or PUD shall not be permitted individual freestanding signs, except gas stations as noted below: Regulation 3: Businesses within the development or PUD shall be permitted exterior wall signs; the total area of the exterior wall signs shall not exceed twenty percent (20%) of the area of the signage wall. Regulation 4: All businesses may display window signs in ground level windows in addition to any wall signs. Window signs shall not cover more than twenty percent (20%) of the total window area. Where multiple windows are installed, signage may not be aggregated to cover any window one hundred percent (100%) restricting all visibility rom the interior and exterior. Signage may cover no more than fifty percent (50%) of the window on the horizontal or vertical dimension. Regulation 5: An automobile service station located on an outlet or an individual lot within the development or PUD may have one freestanding sign in addition to the freestanding sign utilized for the development. The freestanding sign shall be for the purpose of advertising gasoline prices and other services provided on the premises. The service station sign shall comply with the regulations for a single business on its own lot as noted in Section 21.38.1.1.3 above. Regulation 6: Signs proposed for installation along MDOT regulated highways designed to advertise a specific business location must be permitted in accordance with current MDOT Regulation 225. A specific time requirement for the developed site is required and is usually two years. A business sign is a sign designed to advertise a particular business location rather than being used for general outdoor advertising not necessarily specific to a particular business. Billboards or signage also referred to as outdoor advertising or outdoor highway advertising are permitted and controlled by MDOT under sections of MDOT Regulation 225. A valid permit and sign approval are required prior to construction of a billboard designed for general outdoor advertising 21.38.2 Non-Accessory Signs and Billboards 21.38.2.1 Billboards, poster boards and non-accessory signs may be permitted in B2, B3 and I Districts provided the area ---PAGE BREAK--- of the sign does not exceed an area of 200 sq. ft. in B2 and B3 Districts and 300 sq. ft. in I Districts. A non- accessory sign or billboard shall not measure longer than three times its width. Signs that come under the jurisdiction of P.A. 106 of 1972 are under the jurisdiction of the Township, if the Township has adopted a sign ordinance. 21.38.3 Sign Lighting (Also See Section 21.19 LIGHTING OUTDOOR) 21.38.3.1 Signs internally illuminated or with a light emanating surface are allowed only in the RR, FR, AR, B1, B2, B3, I, HX, MUZ-Main Street and MUZ-Town Center Districts provided they meet the other requirements of this ordinance and are set back a minimum of ten feet (10’) from all road right-of-way and seventy-five feet (75’) from any other property line. Signs internally illuminated or if sign has a light emanating surface. All light sources and reflecting surfaces immediately adjacent to the light source shall be shielded from view. Sign luminance level, beginning one hour after sunrise and continuing until one hour before sunset, shall not exceed (10278 Lumens) (685W Incandescent light bulb) (114W Florescent/LED) per square meter, or does not exceed (342 Lumens) (25W Incandescent light bulb) (6.23W Florescent/LED) per square meter at all other times. Signs that are externally illuminated shall have the light mounted on top of the sign, shall be directed downward onto the sign and shall be shielded so as to prevent rays of light from being directed such that reflected luminance does not exceed (342 Lumens) (25W Incandescent light bulb) (6.23W Florescent/LED) per square meter. 21.38.4 Signs Prohibited 21.38.4.1 No sign or sign structure, shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color may interfere with, or obstruct the view of, or be confused with any authorized traffic sign, signal, or device. 21.38.4.2 No signs shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way. 21.38.4.3 No signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance. 21.38.4.4 No signs containing flashing, intermittent or moving lights. (A sign with messages or images accomplished by instantaneous re-pixilation not more often than one time in sixty (60) eight seconds shall not be considered flashing, intermittent or moving and shall be allowed.) 21.38.4.5 No signs with moving or revolving parts. 21.38.4.6 No signs attached to, or placed on a vehicle or trailer parked on public or private property, except for signs meeting the following three Regulations: Regulation 1: The primary purpose of such a vehicle or trailer is not the display of signs. Regulation 2: The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and does not break the silhouette of the vehicle. Regulation 3: The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets where applicable, and actively used or available for use in the daily function of the business to which such signs relate. 21.38.4.7 Vehicles and trailers are not to be used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general-public. 21.38.4.8 A sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign covered or removed within fourteen (14) days after written notification from the Zoning Administrator. 21.38.5 Signs Authorized and Not Requiring a Permit 21.38.5.1 Official notices, authorized by a court, public body or public safety official 21.38.5.2 Directional, warning or information signs authorized by federal, state or municipal governments 21.38.5.3 Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry surface or where made of noncombustible material and made an integral part of the building or structure. 21.38.5.4 The flag of a government or noncommercial institution, such as a school. 21.38.5.5 Religious symbols and seasonal decorations within the appropriate public holiday season 21.38.5.6 Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain ---PAGE BREAK--- 21.38.5.7 Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed 6 sq. ft. in area 21.38.5.8 The changing or maintenance or components of an approved existing sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration. 21.38.5.9 Bulletin Boards that do not exceed 15 sq. ft. for churches, public and semi-public institutions and/or school 21.38.5.10 Temporary signs not exceeding 10 sq. ft. advertising a premise being for rent, for lease and/or for sale in any district - All such signs shall be removed within fourteen (14) days of the consummated lease or sale of the premises. 21.38.5.11 Accessory directional signs affixed to the building and not exceeding 2 sq. ft., such as but not necessarily limited to: Boiler Room, Entrance, Exit, Garage, Loading Dock, Low Clearance, Office, Service, Warehouse and the like. 21.38.5.12 Maximum of two accessory properties directional signs each not to exceed 2 sq. ft. identifying or directing to the following: Entrance, Exit, No Parking, Visitors Parking, Other Traffic Flow Directions, and similar Functional Signs 21.38.5.13 Temporary advertising banners that are flexible (made of canvas, plastic composite etc.) meant to be attached to a fixed commercial building structure which is currently occupied. All banners may not exceed 32 sq. ft. and must be maintained in good condition while displayed. 21.38.5.14 Political signs shall be permitted in all zoning districts with the following three Regulations: Regulation 1: Such signs shall follow the Accessory Signs restrictions as it relates to each individual Zoning District. Regulation 2: Such signs for election candidate or ballot propositions shall be displayed only for a period of sixty (60) days preceding the election and shall be removed within ten (10) days after the election, provided that signs promoting successful candidates or ballot propositions in a primary election may remain displayed until not more than ten (10) days after the general election. Regulation 3: Such signs shall not be placed in any public right-of-way or obstruct traffic visibility. 21.38.6 Placement of Signs and Setbacks 21.38.6.1 Signs in rights-of-way No sign other than an official traffic sign shall be erected within any public right-of-way unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the code official. 21.38.6.2 Sign and Setbacks Signs in any zoning district must be placed at least two feet back from any right of way and any lot line. 21.38.7 Off-Premises Directory Sign – Private 21.38.7.1 Where a business use or tourist service facility is not located directly on a major tourist route but is dependent upon passerby traffic for support, one off-premises directory sign located on a county-maintained road may be permitted in business or non-business districts, on each road or link or segment of road that affords access to the use but entails a major change in the direction of travel. Off-premises Directory signs shall not exceed an area of 15 sq. ft. Community directional signs serving more than one use may be permitted to a maximum size of 32 sq. ft. 21.38.8 Approval Authority 21.38.8.1 The Zoning Administrator shall review and act upon site plans except where a Special Use Permit is required. Site Plans for a Special Use Permit shall be forwarded by the Zoning Administrator to the Planning Commission for review and action. In addition, at the request of the Zoning Administrator or Planning Commission, a site plan for a Principal Permitted Use may be submitted for Planning Commission review before final action by the Zoning Administrator. The Zoning Administrator and Planning Commission have the authority to approve, deny or grant conditional approval for any site plan submitted under the provisions of this ordinance. The Zoning Administrator may hold or the Planning Commission may table a site plan, pending further information or addition, reasonably needed to complete a site plan or comply with requirements of this Ordinance.