Signage
Saugatuck Township Signs and Billboards Ordinance
(a) No Signs shall be erected in the Street right-of-way or at any location where they might interfere with, obstruct the view of, or be confused with an authorized traffic Sign, signal, or device. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any Sign.
(b) Banners, pendants, balloons, light strings, flashing or blinking lights, and other similar devices used to attract the attention of the public are prohibited. However, this shall not prohibit the display of governmental or organizational flags in the manner prescribed by law for such display.
(c) Signs are predicated on a current or viable Use. The party responsible for the placement or maintenance or both of a Sign and the owner or lessee of the land upon which a Sign is located shall be jointly and severally responsible for the change or removal of any Sign not serving a current or viable Use. Signs or remnants of Signs that are not maintained to correspond to a current or viable Use, or to display a legal message, will be classified as nonconforming. Signs or remnants of Signs that do not conform to this requirement may be ordered by the Zoning Administrator to be removed if not eligible for continuation under the standards in section 40-634(k).
(d) All Signs may be illuminated if the source of light is not visible, except Signs in any residential zoned district may not be illuminated. Signs may only be illuminated in a front-lit manner and not in a back-lit manner.
(e) Flashing-type Signs of any kind are prohibited. In no event shall a Sign have flashing or intermittent lights, nor shall the lights be permitted to rotate, oscillate, move, or cause the visual effect of motion. Any Sign which uses digital display technology such as liquid crystal displays (“LCDs”), plasma, or light emitting diodes (“LEDs”) is prohibited. LCDs and LEDs may be used by public safety entities within the Township provided that the message board has a static display.
(f) Billboards may only be located on lands abutting I-196, Blue Star Highway, or M-89 and shall further be limited to such lands within the A-1, A-2, C-1, C-2, C-3, and I-1 zoning districts or when specifically authorized within approved Commercial or Industrial Planned Unit Developments. A Billboard will not be permitted on a Lot on which a Business Sign is already located.
(1) In locations not abutting I-196, Billboards shall be limited to 32 square feet in area and ten feet in height from ground level. Approval by the Planning Commission as a Special Approval Use shall be required if a Billboard will cause the total square footage of all Signs on an individual Lot or Parcel to exceed 150 square feet. If within a Planned Unit Development, each Billboard must be specifically approved as part of the original Planned Unit Development or by a subsequent amendment thereto.
(2) In locations abutting I-196, Billboards shall be regulated and controlled by the provisions of the Highway Advertising Act of 1972, Public Act 106 of 1972, and by the provisions of this section. These Billboards shall be limited to 300 square feet in area.
(3) In addition, all Billboards shall further comply with the following provisions:
a. Not more than three Billboards may be located per linear mile of Street regardless of the fact that such Billboards may be located on different sides of the subject Street. The linear-mile measurement will be limited to the boundaries of this township. Double-faced Sign Structures (i.e., Structures having back-to-back Sign Faces) and V-type Sign Structures (i.e., Structures having only one Sign Face visible to traffic proceeding from any given direction on a Street) shall be considered as one Billboard. Nonetheless, a double-faced or V-type Sign Structure may have 32 square feet on each Sign Face. Additionally, Sign Structures having tandem Sign Faces (i.e., two parallel Sign Faces facing the same direction and side-by-side to one another) or stacked Sign Faces (i.e., two parallel Sign Faces facing the same direction with one Sign Face being directly above the other) shall be considered as one Billboard. Sign Structures having tandem Sign Faces or stacked Sign Faces may have a total of 32 square feet for all Sign Faces combined. Otherwise, Sign Structures having more than one Sign Face shall be considered as two Billboards and shall be prohibited in accordance with the minimum spacing requirement set forth below.
b. No Billboard shall be located within 1,000 feet of another Billboard abutting either side of the same Street.
c. No Billboard shall be located within 200 feet of a residential zone and/or existing residence. If the Billboard is illuminated, this required distance shall instead be 300 feet.
d. No Billboard shall be located in the Street right-of-way or less than 75 feet from any adjoining property line.
e. Billboards cannot be Temporary or Portable Signs.
(g) All Signs must be maintained in good condition and repair. A Sign must be constructed in such a fashion that it will withstand all wind and vibration forces which can normally be expected to occur in the vicinity. A Sign must be maintained so as to assure proper alignment, continued structural soundness, and continued readability of message.
(h) The following Signs are exempt from the sections of this chapter with respect to permits, heights, area, and location unless otherwise specified:
(1) Highway Signs erected by the federal government, the state, the county, or the township.
(2) Governmental Use Signs erected by government agencies to designate hours of activity or conditions of Use for parks, Parking Lots, recreational areas, governmental Buildings, and other similar public areas.
(3) Directional Signs erected in conjunction with private off-Street Parking Areas, provided such Signs do not exceed four square feet in area and are limited to traffic-control functions only.
(4) Historic Signs designating sites recognized by the appropriate state agency as centennial farms or historic landmarks.
(5) Placards posted to control or prohibit hunting within the township.
(6) Subdivision Signs not exceeding 32 square feet in area; provided, however, that such Signs shall be removed when 50 percent or more of the Lots in a subdivision, or Building Sites in a Site Condominium Project under section 40-937, are sold or after five years, whichever shall first occur. The purpose of subdivision Signs is considered to be the marketing of lots in a subdivision, or Building Sites in a Site Condominium Project, so therefore, no subdivision Signs may be erected to sell an entire subdivision or Site Condominium Project as a whole, but only to sell individual Lots within a subdivision or Building Sites within a Site Condominium Project.
(7) One construction Sign per project of no more than 16 square feet in area denoting architects, engineers, or contractors directly associated with the construction activity.
(8) Essential Service Signs denoting utility lines, hazards, and precautions.
(9) Memorial Signs or tablets which are either cut into the face of a masonry or stone surface or constructed of bronze or other incombustible material.
(10) Special decorative Signs used for holidays, public demonstrations, or promotion of civic events for welfare, religious, or charitable purposes, but only as authorized by the Zoning Administrator. In considering such authorization, the Zoning Administrator shall consider the following:
a. The size, character, and nature of the Sign.
b. The duration of time period during which the Sign will be utilized.
c. The purpose for which the Sign is to be erected.
d. The arrangements made for the removal of the Sign after the termination of its purpose.
e. The effect of the proposed Sign on light and air circulation for Lots which are both adjoining and in the surrounding neighborhood of the proposed Sign.
f. Whether or not the Sign will constitute a traffic hazard.
g. Any other adverse effect of the Sign on the surrounding neighborhood.
(i) A permit from the Zoning Administrator shall be required prior to the erection of any Signs, except for the following:
(1) Nameplates or Signs delineating Home Occupations which are affixed to a Principal or Accessory Building.
(2) Real Estate Signs.
(3) Signs described in subsection (h) of this section, unless otherwise provided therein.
(j) Sign Height and other requirements applicable to individual zoned districts.
(1) Unless authorized by the Planning Commission as a Special Approval Use or as part of the approval for a Planned Unit Development, no freestanding Sign (a Sign not affixed to a Building) located in the A-1, A-2, R-1, R-2, R-3 or R-3B Zoned District may exceed five feet in height from ground level. In the C-1, C-2, C-3, or I-I Zoned District, no freestanding Sign may exceed ten feet in height from ground level. For purposes of this section, ground level means the Average Grade within six feet of the base of the vertical support(s) of the Sign.
(2) Additional particular requirements as to Signs in each zoned district are set forth in sections of this chapter relating to those zoned districts.
(k) Nonconforming Signs.
(1) Existing Signs which do not conform to the specific provisions of this chapter may be eligible for continuation per section 40-1011 provided that:
a. The Zoning Administrator determines that such Signs are properly maintained and do not in any way endanger the public;
b. The Signs were authorized by valid permits or variances or complied with all applicable laws when they were erected; and
c. The Signs advertise currently operating businesses or Uses, or the Signs can be used as Billboards which comply with the requirements of subsection (f) above.
(2) Loss of Legal Nonconforming Status. If a Sign loses its right of continuation under section 40-1011, the Sign (and all portions thereof) shall be removed immediately and shall not be repaired, replaced, or rebuilt unless it fully complies with all requirements of this chapter as amended. A nonconforming Sign shall lose its right of continuation if the Zoning Administrator determines that any of the following is applicable:
a.The Sign is relocated, moved, rebuilt, or replaced.
b. The Sign is destroyed. A Sign shall be deemed destroyed if any of the following occurs:
1. The Sign Face is removed, torn down, or demolished.
2. The Sign is wrecked or ruined.
3. Such damage has been done to the Sign that it cannot be returned to its prior state by routine repair, but only by replacement or material rebuilding.
4. More than 50 percent of the Sign Face has been shattered, or a portion of the Sign Face touches the ground.
c. The Sign or its size is altered in any material way other than a change of copy or normal maintenance which does not physically alter the Sign.
d. There is a material change in the Use of the Lot where the Sign is located.
e. A Building Permit is issued for any construction on the Lot where the Sign is located which increases the total Building square footage by more than five percent or 5,000 square feet, whichever is less.
(3) Maintenance and Repair of Legal Nonconforming Signs. This subsection shall not apply if a legal nonconforming Sign has been destroyed, since a destroyed Sign automatically loses its right of continuation under section 40-1011. If a legal nonconforming Sign suffers 50 percent or more damage or deterioration, it must be brought into full compliance with this chapter or be removed. In order to determine whether or not a Sign has been damaged or has deteriorated by 50 percent or more, the costs of physically repairing the Sign shall be compared to the costs of physically replacing the Sign. If less than 50 percent damage or deterioration has occurred pursuant to such comparison, the Sign may be repaired to its exact original state.
(Ord. No. 39, § 3.22, 5-20-1987; Ord. No. 2006-02, § 12, 5-3-2006; Ord. of 11-26-2013(2), § 2; Ord. No. 2015-01, § 1, 3-4-2015; Ord. No. 2017-11, § 1, 8-2-2017)
Editor’s note— Ord. of 11-26-2013(2), § 2, changed the title of § 40-634 from “Signs, Billboards and visual attraction devices” to read as herein set out.
SIGNS- TEMPORARY AND SEASONAL USES ORDINANCES
Sec. 39-1. – Purpose.
The purpose of this chapter is to provide for temporary uses within the township through an administrative process.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-2. – Definitions.
Seasonal use. As used in this chapter, a seasonal use is a temporary use associated with a particular time of the year. This would include, but not be limited to, Christmas tree sales, roadside sales of farm produce, fireworks sales, and similar activities.
Temporary use. As used in this chapter, a temporary use is a land use with a defined limited duration of time.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-3. – Temporary uses.
(a) Upon application, the township zoning administrator may issue a temporary use permit for a temporary office building, for a temporary storage building or area for construction materials or equipment, or for the temporary occupancy of a recreational vehicle at a construction site, when incidental to and necessary for construction at the site where located. Each temporary use permit shall be valid for a period of not more than six calendar months and may be renewed by the township zoning administrator for one additional period six months or less at the same location if still incidental to and necessary for construction at the site where located.
(b) Upon application, the township zoning administrator may issue a permit for a temporary sales office or model home which is both incidental to and necessary for the sale or rental of real property in a new development. Each temporary use permit shall specify the location of the office and area. It shall be valid for a period of not more than six calendar months and may be renewed by the township zoning administrator for two additional successive periods of six months or less each at the same location if still incidental to and necessary for the sale or rental of real property in a new development.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-4. – Seasonal uses.
(a) Upon application, the township zoning administrator may issue a temporary use permit for a seasonal use.
(b) In considering a request for a temporary use permit for a seasonal use, the township zoning administrator must determine that the use is seasonal in nature and will not be a permanent use. Not more than two seasonal uses are allowed on an individual parcel at the same time.
(c) A temporary use permit for a seasonal use shall be valid for a period of not more than two calendar months. The permit may be renewed by the township zoning administrator for up to two additional successive periods of up to two calendar months each, provided the season or event to which the use relates is continued.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-5. – Exemptions.
Garage sales, yard sales, or similar events are exempt from this chapter if held for a duration of less than two weeks. Also exempt from this chapter is the sale of produce and other commodities grown or raised on the premises on which they are sold, together with incidental products not produced on the premises if the incidental products do not constitute a substantial inventory of total items for sale.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-6. – Signs and setbacks.
(a) The following signs for temporary uses are allowed in addition to the signs allowed in chapter 40 of this Code, subject to the requirements in this section:
(1) Two back-to-back signs not to exceed 16 square feet in area are allowed for each temporary use on the parcel. A separate sign permit must be secured for each sign.
(2) Signs for temporary uses must comply with chapter 40 of this Code, except as stated in this section, and they shall not be permanently mounted in the ground.
(b) Setbacks for temporary uses from the lot lines and the road rights-of-way may be modified from the requirements of chapter 40 of this Code, but they shall not be less than 40 feet from any road right-of-way or front lot line, not less than 30 feet from the rear lot line, and not less than 15 feet from any side lot line.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-7. – Standards, conditions and hearings for temporary uses:
(a) In considering authorization for a temporary use permit, the township zoning administrator shall consider the following standards:
(1) The proposed temporary use must not have an unreasonable detrimental effect upon adjacent properties or the general area.
(2) The proposed temporary use must not create an unreasonable traffic hazard.
(3) Adequate off-street parking must be available to accommodate the proposed temporary use.
(4) No parking space minimally required for any other on-going use may be occupied by the proposed temporary use.
(5) Any other permits or approvals necessary from other governmental agencies for a particular proposed temporary use must be submitted at the time of the application for the proposed temporary use (e.g., approval from the fire safety officer for temporary sales of fireworks).
(b) The township zoning administrator may impose reasonable conditions upon an approved temporary use permit.
(c) If the township zoning administrator denies a temporary use permit, the applicant may request a hearing before the township board to review the denial. The township zoning administrator may also exercise discretion to request that the township board review and decide an application.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-8. – Application materials.
The following items shall be submitted to the township zoning administrator for review before a temporary use permit application may be considered:
(1) A completed permit application shall be submitted.
(2) A narrative shall be submitted, describing the type of any items to be sold, and the duration of the temporary use. The narrative shall also state any special or unusual circumstances regarding any structures or the products stored on site (e.g., fireworks), where toilet facilities are located, hours of operation, number of employees on site, and arrangements for trash collection.
(3) Any required approvals from other governmental agencies shall be submitted.
(4) Written authorization from the owner for the use of the property on the days requested shall be included.
(5) A site plan with dimensions shall be submitted, showing the locations of all structures, tents, signs, traffic ingress and egress, parking areas, and any other information reasonably requested by the township zoning administrator to make a competent decision regarding the application.
(6) If tents are being used, the number and size proposed shall be included, along with flame spread certificates for each.
(7) Payment of any fees required by the township shall be submitted.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-9. – Revocation of permit.
(a) Any changes in the application, site plan, narrative or the temporary use itself must be submitted in writing to the township zoning administrator for additional review and approval. Absent that review and approval, the changes may invalidate the temporary use approved by the township.
(b) If any conditions placed upon of the temporary use permit or any requirements of this code are violated, the permit may be revoked by the township.
(c) The holder of a temporary use permit shall be given advance written notice before the township zoning administrator considers the revocation of that temporary use permit.
(d) If the township zoning administrator revokes a temporary use permit, the revocation may be appealed to the township board. The township zoning administrator may request that the township board consider and decide any possible revocation of a temporary use permit.
(Ord. No. 2008-01, § 1, 5-7-2008)