Welcome to the Thomas Township Web Site

The Township of Thomas, Saginaw County, Michigan, ordains:

SIGN REGULATIONS

    Section 1. That title 13, "Sign Regulations" of ordinance No. 98-G-05, "Code of Thomas Township" is hereby amended to read as follows:

13-1-1: INTENT, PURPOSE AND OBJECTIVES:

The sign regulations as herein set forth are intended to protect and further the health, safety and welfare of the residents of the township; and to further the intent of the township's zoning ordinance and its zoning districts; to prevent traffic hazards; to provide safer conditions for pedestrians; to improve community appearance; and to promote economic development by regulating the construction, alteration, repair, maintenance, size, location, and number of signs.

Thomas Township has a substantial governmental interest in achieving the following objectives and has narrowly drawn these regulations to be the least extensive means to achieve them:

A. Types Of Restrictions: This ordinance regulates such things as sign size, height, placement, illumination and structural components.

B. Public Safety: The regulations are intended to improve public safety by minimizing the visual obstructions, distractions and traffic hazards caused by signs.

C. Aesthetics: The regulations address the aesthetic purpose of avoiding visual clutter, thus furthering the objective of protecting property values and improving public safety.

D. Balance: The regulations attempt to balance the public's need to identify locations of public and private facilities with:

1. The needs of businesses to attract customers and create awareness of products.

2. The limitations of human ability to deal with information especially while driving a motor vehicle.

3. The constitutional objective to preserve freedom of speech. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-2: GENERAL:

A. Scope: The following sign regulations by zone are intended to include every zone in the community. The zones are as defined by the zoning ordinance and official zoning map. Only signs as described in this ordinance shall be permitted in each particular zone.

B. Discontinued Or New Zoning Districts: If any zone is discontinued from the zoning ordinance or if a new zone is created after the enactment of this ordinance, no signs shall be permitted herein until the zoning ordinance and this ordinance are amended to include such zone and all permitted signs are specified therein. Such amendments shall be enacted within ninety (90) days.

C. Applicability; Conduct, Premises And Persons Regulated: This ordinance shall apply to all persons, firms, partnerships, associations, and corporations owning, occupying or having control or management of any exterior premises located within Thomas Township, Saginaw County, Michigan. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

D. Nonconforming Signs: All nonconforming signs located within the B, business districts, or M, manufacturing district, must be brought into compliance by October 4, 2009, except for any nonconforming billboard sign. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

13-1-3: ZONING DISTRICTS:

A. Business Districts And Limited Manufacturing District:

1. General: This subsection shall apply to all zones designated by the zoning ordinance as B, business districts and M-1 limited manufacturing district.

2. Sign Area: The total square feet of permanent signs allowed per parcel is as follows:

a. Pole Or Ground Signs: The amount of signage allowed shall be determined by multiplying each lineal foot of building frontage by three-fourths (3/4). The maximum square footage shall not exceed fifty (50) square feet on any pole or ground sign. At the owner's option, a canopy's lineal frontage may be used to determine sign square footage in lieu of using a building's lineal frontage.

b. Wall Signs: A total sign area of one square foot for each lineal foot of a building store frontage of primary use or uses, but the maximum for any one business shall be fifty (50) square feet.

c. Electronic Message Boards: Provided the square footage of said sign is to be included in determining the maximum square feet for pole, ground, or wall signs.

3. Allocation Of Sign Area:

a. Wall Signs: Each business allowed on a parcel shall display its own calculated wall signage.

b. Pole Or Ground Signs: When only one business is located on a parcel, it shall be allocated all of the available signage for that parcel not to exceed fifty (50) square feet.

If more than one business is located on a parcel, the percentage of total signage allowed shall be determined by calculating the building frontage for the business in question and dividing that by the total amount of building frontage of all businesses on said parcel. The percentage obtained will be the percentage of allowable signage that the business in question will be allowed to display on the pole or ground sign, not exceeding fifty (50) square feet total.

In lieu of the foregoing, on a parcel where three (3) or more businesses are located, a pole or ground sign may be used having a maximum of thirty five (35) square feet in order to identify the general location of the businesses. Each business on the parcel shall be allowed a one foot by five foot (1' x 5') sign. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

4. Number Of Signs:

a. Wall Signs: A business may use no more than two (2) wall signs per road frontage and may not exceed the allowable total calculated signage of fifty (50) square feet when all signage is combined.

b. Pole Or Ground Signs: A parcel may have a maximum of one pole or ground sign.

Exception: If a parcel of land has more than three hundred feet (300') of frontage on a road or highway, district, one additional duplicate pole or ground sign may be erected. In addition, for every additional one hundred fifty (150) lineal feet of frontage, an additional pole or ground sign may be erected. The amount of sign area per pole or ground sign shall be equal to the first pole or ground sign calculated pursuant to subsection A2a hereof; provided, however, not more than fifty percent (50%) of the sign area permitted on any additional duplicate pole or ground sign may be added to the sign area calculated pursuant to subsection A2a hereof but not exceed a maximum sign area of one hundred twenty five (125) square feet in lieu of erecting any such signs. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

5. Location: A pole or ground sign must be located at least ten feet (10') from a side property line and ten feet (10') from a road or highway right of way.

6. Height:

a. Pole or ground signs may be constructed up to a height of twelve feet (12') above the average grade level under the sign.

b. Wall signs may be on the horizontal faces of a canopy structure projecting from and attached to a building, but may not project above the roofline and may not project below the lower edge of the canopy.

B. Residential Districts:

1. General: This subsection shall apply to all zones designated by the zoning ordinance as R, residential districts.

2. Size And Number:

a. Single- Or Two-Family Dwelling: One sign not exceeding one and one-half (1 1/2) square feet in area attached to the building or placed in the yard shall be permitted per dwelling unit provided said sign does not advertise a business.

b. Subdivision Signs: For groups of multiple dwellings or subdivisions, two (2) ground signs totaling twenty four (24) square feet in area shall be permitted. The height of this ground sign cannot exceed eight feet (8') from the ground. The two (2) signs must be of the same size and construction and be used to mark the location of a group of homes or areas in which homes are located.

3. Location: The setback from the road right of way and property line shall be at least ten feet (10').

C. Environmental And Agricultural Districts:

1. General: This subsection shall apply to all zones designated by the zoning ordinance as E-1 environmental as well as A-1 and A-2 districts.

2. Size: The allowed area per primary use in the zoning district shall be limited to one-half (1/2) square foot for each lineal foot of lot frontage not to exceed a maximum of thirty two (32) square feet.

3. Location: Permitted ground or pole signs shall be no closer to any lot line or right of way than ten feet (10').

4. Height: The height of any pole or ground sign shall not exceed a maximum of twelve feet (12') from the average grade level to the top of the sign. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-4: BILLBOARD SIGNS:

Such signs may be permitted in the B-3 and B-4 business districts and in the M-1 manufacturing district subject to the following conditions:

A. General: This section is adopted for the following general purposes:

1. To promote traffic safety in Thomas Township.

2. To protect public and private investment and property values in buildings, land development, and open land in Thomas Township.

3. To prevent obstruction of light and sunshine.

4. To limit the adverse impact that would be caused by a proliferation of billboards and off premises advertising signs and resulting visual pollution contrary to the master plan adopted by the township board to protect the public health, safety and general welfare of residents as well as visitors.

B. Size: Such signs shall not exceed two hundred (200) square feet in area, shall not be placed closer than three hundred feet (300') to any residential structure, and shall be set back at least three hundred feet (300') from any road or highway right of way.

C. Height: No billboard shall exceed a height of thirty feet (30') measured from the grade under the sign. A minimum of twelve feet (12') from the lowest point of the sign's supporting structure is required from the average grade level. A sign permit is required prior to construction.

D. Location: No billboard may be established within three thousand feet (3,000') of any other billboard sign on the same side of the road or highway, and may not be established within one thousand feet (1,000') of any other billboard sign on the other side of the road or highway.

E. Illumination: Billboard signs may be either nonilluminated or illuminated, but must be nonflashing, nonmoving and nonblinking, provided the direct source of light is shielded in such a manner so as to prevent beams or rays of light from being directed onto adjoining residential structures or at any portion of the traveled ways, and are of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-5: TEMPORARY SIGNS:

The following temporary signs shall be permitted anywhere within the township and shall conform with front and side yard setbacks of five feet (5') when applicable:

A. Construction Sign: Construction signs shall be allowed during the time of construction having a maximum area of twenty (20) square feet. The signs shall be confined to the site of the construction and shall be limited to two (2) years from issuance of permit.

B. Temporary Directional Sign: A sign not exceeding four (4) square feet in area and four (4) in number are allowed. Signs shall not exceed three feet (3') in height and shall be allowed for four (4) days.

C. Real Estate Sign: One temporary real estate sign may be displayed for each side of a parcel having road frontage and shall not exceed four (4) square feet in area for each sign. Such signs must be removed within twenty (20) days after the sale of the property.

D. Political Campaign Sign: Political campaign signs shall be removed within five (5) days after the day of election to which the campaign relates.

E. Street Banners: Street banners may be allowed for twenty one (21) days if approved by all state and local authorities.

F. Temporary Portable Sign:

1. General Requirements: Temporary portable signs may not exceed a total height of six feet (6') and a total sign area of thirty two (32) square feet, and may not be displayed for more than a total of forty five (45) days in any calendar year. Front and side yard setbacks shall conform to five feet (5') from property lines or road rights of way.

2. Permit Required: Such signs shall be displayed only after a temporary sign permit has been obtained from the township. Seasonal businesses shall be able to keep a temporary portable sign for the duration of the season, not to exceed one hundred twenty (120) days.

G. Signs On Parked Vehicles: Signs on parked vehicles of any kind are allowed provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body of the vehicle. A vehicle intended for displaying a message temporarily may do so provided a temporary sign permit is obtained and it is displayed for a maximum of forty five (45) days per year. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-6: EXCEPTIONS:

A. Permit Fee Not Required: The following signs are not required to pay a fee for a permit issued, but must obtain a permit prior to use, and must comply with all other requirements set forth in this ordinance:

1. Public Signs: Signs of a governmental nature or of a noncommercial nature and in the public interest erected by or on the order of a public officer in the performance of a public duty. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

2. Property Number Address: All improved properties shall have a legible number address displayed with numbers at least three inches (3") in height. Number addresses must be placed on the front of the principal structure if located at or near the minimum front yard setback. Where the principal structure's number address cannot be viewed from the road or is more than ninety feet (90') away from the road, the number address shall be displayed within ten feet (10') of the driveway and not more than twenty feet (20') from the road. The foregoing requirements shall not be satisfied by displaying the home number on a mailbox when two (2) or more mailboxes are grouped. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

B. Home Occupation Sign: Home occupations may display one sign one foot by one foot (1' x 1') attached to the wall of the house.

C. Institutional Sign: One noncommercial permanent sign located within an R, A or E district for use by organizations such as a public, charitable, educational, or religious institution, up to twenty five (25) square feet in area. If a pole or ground sign is used, the maximum height shall be twelve feet (12') above average grade.

D. Accessory On Site Signage: Signs which are accessory to primary use on a parcel must meet the following:

1. Not be directly visible from a road or highway.

2. Have a maximum height of not more than eight feet (8') from the ground.

3. Have a maximum combined size of not more than sixty four (64) square feet. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

E. Vacant Parcel Signage: An owner of a parcel which has no building structure may display up to a twenty five (25) square foot sign with a maximum height of twelve feet (12') above average grade, having a setback from any property line and any road right of way of ten feet (10') so long as the sign contains no commercial advertising.

F. Directional Signs: Directional signs shall have a sign area of not more than two (2) square feet, shall be located not closer than one foot (1') from the road right of way, and shall not exceed a maximum height of four feet six inches (4'6") and are permitted in all zoning districts. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

13-1-7: PROHIBITED SIGNS:

A. General Prohibitions: All violations pertaining to this section must be corrected within twenty four (24) hours of receiving a written notice from the township building inspector or code enforcement officer notifying the property owner or the business owner or occupant of said violation before an appearance citation can be issued.

B. Standards:

1. Moving Parts: A sign shall not move in any manner or have moving parts. No sign shall consist of banners, posters, ribbons, streamers, strings of light bulbs, spinners, or other similar moving devices. These devices are prohibited, unless they are permitted specifically in this ordinance. (Ord. 02-G-04, 9-3-2002, 10-11-2002)

13-1-8: STRUCTURAL REQUIREMENTS AND STANDARDS:

A. Signs And Sign Structures: All signs and sign structures shall be designed and constructed to meet the requirements of this ordinance as well as provisions found in the building and electrical codes. The following standards shall be followed:

1. All signs shall be constructed to withstand all normal weather conditions for this area. Where the back is visible, it must be suitably painted or otherwise covered to present a neat and clean appearance. All signs require a sign permit issued by the building inspector before they are erected.

2. No sign shall have any face more than two feet (2') from the other when used back to back.

3. All electrical wires must be placed underground when running to any pole or ground sign.

4. All signs must comply with the pertinent requirements of the building code and all other applicable ordinances. Engineering requirements shall be required for billboard supporting structures, or when the building inspector feels an engineering report is necessary to inspect any regulated sign within this ordinance.

5. All signs must be attached to the main body of the principal sign on the pole or ground. In no case shall signs protrude from the side of a pole or hang below another sign. All signs must be uniformly spaced in relation to its frame.

6. In no case shall a sign that was designed for or used as a temporary type sign be converted for use as a permanent wall, pole or ground sign. Only those signs designed to use changeable copy and designed as a permanently mounted outdoor sign shall be allowed to be incorporated as part of a permanent wall, pole or ground sign. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-9: PERMIT:

A. Application And Permit Required: An application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located or by his or her authorized agent or by a sign contractor. Such application shall be made in writing on forms furnished by the township and shall be signed by the applicant. Within seven (7) working days after the date of receipt of the application, the Thomas Township building inspector shall either approve or deny the application or refer the application back to the applicant where insufficient information has been furnished. If the application is denied, the building inspector shall state the reason(s) for denial. The applicant shall have the right to appeal to the sign board of appeals as specified in this ordinance.

B. Permit: Prior to construction, establishment, or replacement of a sign having a computed cost of more than fifty percent (50%) of the current value of the sign as determined by the township assessor using the latest depreciation schedule for signs, a permit shall be required from the township building inspector. When a sign permit is issued for a pole or ground sign, all pole or ground signs on the parcel must be brought into compliance with all provisions of this ordinance.

1. At the time a sign permit is issued for a sign located on a parcel, that parcel shall no longer be considered legal nonconforming in terms of the number, height, location or size of a sign as it relates to pole or ground signs that were considered previously legal nonconforming prior to the issuance of a sign permit. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

2. If construction, establishment, or replacement is commenced on a regulated sign, and no sign permit was obtained from the Thomas Township building inspector, any legal nonconforming signs on the parcel shall no longer be considered legal nonconforming signs and must be brought into compliance with all provisions of this ordinance. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

C. Plans Required: A set of plans for any sign that is to be installed, changed, or replaced must accompany the application and shall include the following:

1. A drawing having a scale of (1/4 inch to 1 foot) or greater showing the front profile of the sign from grade to the top of the sign excluding text.

2. A plot plan of the site showing the location and dimensions of the sign in relation to property lines, right of way lines, parking spaces, and building, as well as any existing signs on the parcel including billboards. All sign sizes shall be indicated on the plot plan as well as each business' building frontage.

3. A lighting diagram shall be provided with the application.

4. A footing plan showing the footing depth and size meeting the standards found in the Michigan building code which is incorporated herein by reference.

5. A structural plan showing structural members and fasteners meeting the standards found in the Michigan building code which is incorporated herein by reference.

D. Appearance Standards: The following standards shall be required for all pole, wall or ground signs:

1. No pole, wall or ground sign may be established using the structure or face of any sign that was designed for use as a temporary sign.

2. Any pole, wall or ground sign face to be installed must be clean and neat.

3. No seasonal exceptions shall be given to these standards. All signs must be completely finished and in display condition meeting all standards and able to withstand wind, rain and all normal weather conditions when installed.

E. Fee: Sign permit fees for either permanent or temporary signs are to be established by board resolution. All permit fees shall be doubled if a permit is not obtained prior to the construction, setup, or erection of any sign.

F. Expiration Of Permit: All permits issued for permanent signage shall expire according to the provisions found in the Michigan building code which is incorporated herein by reference.

G. Exemptions From Permit: The following operations shall not be considered as creating a sign by the permit holder and therefore shall not require a sign permit.

1. Replacing Copy: The changing of the advertising copy or message.

2. Maintenance: Cleaning and other normal maintenance and repair as defined in section 13-1-13 hereof. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-10: ILLUMINATION:

A. Compliance With Electrical Code: Any electrical illumination of a sign must fully comply with the national electrical code as amended by Thomas Township. All electrical wiring must be protected with conduit or similar metallic covering.

B. Shading Requirements: The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

C. Blinking, Moving Lights: No sign shall have blinking, flashing or fluttering lights or other illuminating devices such as a changing light intensity, brightness, or color. No sign shall utilize moving patterns of light so as to convey an illusion of motion or animation. The foregoing provisions of this subsection shall not apply to electronic message boards. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

D. Traffic Hazard: Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

E. Exposed Light Source: No sign shall use exposed reflective type bulbs or strobe lights. In addition no sign shall use incandescent lamps over 15 watts that are exposed directly to any public street or adjacent property.

F. Parking Lot Lighting: Only planning commission approved parking lot lights may be attached to a sign or sign pole, and said light must comply with all parking lot lighting standards found within the township's zoning ordinance. In no case shall any part of a light or light structure that is attached to a sign, extend over the height of the sign or sign pole. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-11: NONCONFORMITIES:

A. All signs not in conformance with the sign regulations contained in this ordinance on the date this ordinance is effective, shall be listed as nonconforming signs in township records.

B. Nonconforming signs may continue to exist as they are at the time this ordinance is effective provided there is no change to the sign's structure, location, size, or lighting, excluding normal maintenance and repairs at a cost of less than fifty percent (50%) of the then current value of the sign as determined by the township assessor using the latest depreciation schedule for signs and the value as reported on the sign owner's personal property statement.

C. At the time any structural, location, size or lighting change excluding normal maintenance and repairs at a cost of less than fifty percent (50%) of the then current value of the sign as determined by the township assessor using the latest depreciation schedule for signs and the value as reported on the sign owner's personal property statement is made to any nonconforming sign on a parcel, all nonconforming aspects of the sign including any other nonconforming sign located on that parcel must be brought into conformance as follows:

1. When a parcel having one entity displaying signs changes a sign located on a building, all signs on all buildings on that parcel must be brought into compliance with this ordinance. If the sign being changed is a ground or pole sign, all ground or pole signs on the parcel must be brought into compliance with this ordinance.

2. When a parcel contains multiple entities sharing a wall, pole or ground sign, only that entity proposing a change to the size of a sign shall be required to meet the size standards in this ordinance. New height and location standards for the wall, pole or ground sign shall not be applicable. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

D. All nonconforming signs located within the B-1, B-2, B-3, B-4, B-5, business districts or M-1, limited manufacturing district must be brought into compliance by October 4, 2009, except for the nonconforming billboard signs. Nonconforming aspects of the signs are on file with the community development department of Thomas Township. The elimination of these specific nonconforming signs shall be considered essential to protect and further the health, safety, and welfare of the residents of the township, to prevent traffic hazards within Thomas Township, to provide safer conditions for pedestrians within the business districts, and to protect business patrons while shopping within Thomas Township. A significant hazard exists by having confusing and cluttered signage, and as stated in section 13-1-1 hereof, Thomas Township intends to protect the public from such potential hazards. (Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

13-1-12: INSPECTION, REMOVAL, SAFETY:

A. Inspection: Any sign may be inspected periodically by the building inspector to assure the sign is kept in good repair and condition to assure the safety of the public and for compliance with this ordinance and any other applicable ordinances or laws.

B. Notice To Comply: All signs and components thereof shall be maintained in good repair and sound structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports. The building inspector shall inspect and shall order compliance with the requirements within this ordinance. The written notice to comply shall allow the sign owner ten (10) days to bring the sign into compliance with this ordinance or such greater time as may be agreed upon by the building inspector and sign owner. The written notice to comply shall be personally served upon the sign owner or served by first class mail addressed to the sign owner, if known, and the owner of the real property where the sign is located as reflected in the township assessing real property tax records.

C. Removal Of Dangerous Sign: The building inspector may order the immediate removal of any sign which is determined to present a clear and existing danger to public safety.

D. Discontinued Business Signs: Within thirty (30) days after a business goes out of business that business shall remove all of its sign faces on the property or, in lieu of removal of sign faces, shall not display on any sign any commercial advertising of that business or any of its products, goods, or services.

E. Two Zoning Districts: When a parcel of land is subject to two (2) types of zoning districts sharing the same road frontage, the total allowable signage for the property is determined by using the district which would allow the most amount of signage. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-13: DEFINITIONS:

AREA, SIGN: That area per face enclosed by one outline, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display.

AUTHORIZED REPRESENTATIVE: A person designated by the zoning administrator to enforce the sign ordinance.

BILLBOARD SIGN: A freestanding outdoor sign, up to two hundred (200) square feet in area, which advertises something not located on the immediate parcel.

CANOPY SIGN: A sign that is painted or affixed to a canopy.

DIRECTIONAL SIGN: A sign identifying the exit(s) and entrance(s) of premises which may contain the name or logo of the premises or information directions.

ELECTRONIC MESSAGE BOARD: Changeable copy wall, pole or ground signs in which the copy consists of an array of lights.

GRADE LEVEL, AVERAGE: The elevation to be used for computing the height of signs. Defined as the average ground elevation under and around the base of the sign that was not artificially raised.

GROUND SIGN: A sign that is designed to begin advertisement or display at ground level.

ILLUMINATED SIGN: A sign that provides artificial light directly or through any transparent or translucent material.

INSTITUTIONAL SIGN: A structure containing a surface area upon which is displayed the name of a religious institution, school, library, community center, or similar institution.

LOCATION: A lot, premises, building, wall or any place whatsoever upon which a sign is located.

MAINTENANCE: Painting chipped or faded areas of a sign without changing the message or location of any letters, logos, or previously painted areas on the sign. Changing light bulbs or repairing electrical wiring is also included. Repairs at a cost of less than fifty percent (50%) of the then current value of the sign as determined by the township assessor using the latest depreciation schedule for signs and the value as reported on the sign owner's personal property statement.

PERMIT: Shall mean written approval from the jurisdiction requiring the permit.

POLE SIGN: A sign that is freestanding above grade level.

PUBLIC SIGNS: Signs of a governmental nature and in the public interest, erected by, or on the order of, a public officer in the performance of his or her public duty.

ROOFLINE: The high point of the roof or the top of the parapet, whichever forms the top line of the building silhouette and where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

SEASONAL BUSINESS: A business that sells items which are only available during the Michigan growing season for a limited period of time.

SETBACK: A distance measured from the outer boundary of a parcel in which erection of a sign is not permitted. A front setback is measured from the edge of the right of way of any abutting roadway. A rear setback is measured from the property line opposite the roadway. A side setback is measured from any other abutting property line. Corner lots shall require two (2) front setbacks, but only one rear setback.

SIGN: A "sign" is any outdoor device, structure, fixture, using graphics, symbols or written copy which is affixed to or represented directly or indirectly upon a building, structure or piece of land and which is intended to direct attention to, advertise or identify an object, product, place, goods, services, activity, person, institution, organization or business. A pole, frame or structure used to hold a sign, is to be considered part of that sign.

SIZE: The area of a sign face (including the sign area of a wall sign or other sign with only 1 face) shall be computed by taking the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

STREET BANNERS: Fabric signs, suspended across public streets advertising a public entertainment or event.

TEMPORARY PORTABLE SIGN: A sign that is portable and temporary in nature.

TEMPORARY SIGN: A sign that is temporary in nature.

WALL SIGN: A sign that is attached parallel to a wall on a building. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002; amd. Ord. 03-G-02, 10-6-2003, eff. 11-14-2003)

13-1-14: SANCTIONS:

Any person or other entity who violates any of the provisions of this ordinance is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than five hundred dollars ($500.00), plus costs, which may include all direct or indirect expenses, to which the township has been put in connection with the violation. In no case, however, shall costs of less than nine dollars ($9.00) be ordered. A violator of this ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this ordinance continues to exist constitutes a separate violation.

Any person or entity who violates any of the provisions of this ordinance and who has been issued a "municipal civil infraction violation notice" as defined by section 1-3-2 hereof and who admits responsibility therefor within the time specified thereon shall pay a civil fine and costs at the Thomas Township municipal ordinance violations bureau in accordance with the schedule of civil fines and costs in section 1-3-9 hereof which is herein incorporated by reference. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)

13-1-15: APPLICATIONS FOR APPEALS AND VARIANCES:

A. Sign Board Of Appeals: The Thomas Township planning commission shall constitute the sign board of appeals for the purposes of this ordinance and a quorum shall consist of four (4) members thereof.

B. Hearings: Any person aggrieved by a notice or order of the building official or code enforcement officer issued in connection with any alleged violation of the provisions of this ordinance, may file with the sign board of appeals a petition setting forth their reasons for contesting the notice or order.

C. Petition Filing: A petition shall be filed with the township clerk within twenty (20) days after mailing the notice or order or within twenty (20) days after personal service. The petition shall be accompanied by a fee as set by township board resolution.

D. Time Of Hearing, Notice: A valid petition shall be filed a minimum of thirty (30) days prior to a regularly scheduled sign board of appeals meeting. The township clerk shall set the time and place for a hearing on the petition for a regular meeting date and time of the sign board of appeals meeting. At least ten (10) days prior to the hearing date the clerk shall serve the petitioner with notice thereof by regular mail.

E. Action Of Sign Board Of Appeals:

1. The sign board of appeals shall have the power to modify or reverse, wholly or partly, the notice or order, and may grant an extension of time for the performance of any act required of not more than three (3) additional months, where the sign board of appeals finds that there is practical difficulty or undue hardship resulting from the application of the provisions of this ordinance and that such extension is in harmony with the general purpose of this ordinance to secure the public health, safety, and welfare.

2. The sign board of appeals shall return a decision upon each petition within forty five (45) days after a request or appeal has been filed, unless a longer time is agreed upon by the parties concerned; provided, however, the sign board of appeals may not order action on a petition until its next regularly scheduled meeting.

3. The concurring vote of a majority of the members present of the sign board of appeals shall be necessary to reverse, wholly or partly, or modify any order, requirement, decision, or determination of the building official or code enforcement officer; or to decide in favor of the applicant any matter upon which the sign board of appeals is required to consider or to effect any variation of the provisions of this ordinance.

4. After a variance has been denied in whole or in part by the sign board of appeals, then such petition shall not be resubmitted for a period of one year from the date of the last denial, provided however, that a denied variance may be reconsidered by the sign board of appeals within said one year period when, in the opinion of the building official, or code enforcement officer or the sign board of appeals, newly discovered evidence or changed conditions warrant such reconsideration.

F. Scope Of Hearing: At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.

G. Stay: An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the sign board of appeals, that by reason of facts stated in the certificate, imminent harm to persons or property exists, in which case the proceedings shall not be stayed, except by an order of a court of competent jurisdiction.

H. Variances:

1. A variance may be allowed by the sign board of appeals only in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports all the following affirmative findings:

a. That 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;

b. That the alleged hardships or 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;

c. That allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this ordinance, the individual hardships that will be suffered by a failure 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 ordinance.

The above findings of fact shall be made by the sign board of appeals, which is not empowered to grant a variance without an affirmative finding of fact in each of the categories above. Every finding of fact shall be supported in the record of the proceedings of the board.

2. The following criteria shall be used by the sign board of appeals when determining any request before them related to this ordinance:

a. Has the appellant shown that a variance will not adversely affect the intent and purpose of the ordinance?

b. Has the appellant shown that a variance will not cause a substantially adverse effect on the adjacent properties?

c. Has the appellant shown that a variance will not produce a nuisance condition to occupants on nearby premises?

d. Is the hardship unique and not shared by other properties in the same zoning district?

e. Has the appellant shown that a variance will relate only to the property under control of the applicant?

f. Has the appellant shown that a variance will not otherwise impair public health, safety, comfort, or general welfare?

Nothing contained herein shall be construed to empower the sign board of appeals to change the terms of this ordinance, or to add to the types of signs permitted on any premises.

I. Appeal Procedure:

1. The board of appeals shall give due notice of all hearings to all owners of record of real property within three hundred feet (300') of the premises in question; such notice shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll.

2. All persons shall be required to appear in person or to be represented by a duly authorized agent.

3. The clerk or his designee shall prepare an official record for each appeal. The sign board of appeals shall base their decision on this record. The official record shall include:

a. The relevant administrative records and administrative orders issued herein relating to the appeal.

b. A notice of appeal.

c. Such documents, exhibits, photographs, or written reports as may be submitted to the sign board of appeals for its consideration.

4. The requisite written findings of fact, the conditions attached, the decisions and orders by the sign board of appeals in disposing of the appeal shall be signed by the secretary of the board. (Ord. 02-G-04, 9-3-2002, eff. 10-11-2002)