Village of Beverly Hills, MI

SECTION 22.32  SIGNS.

22.32.010.  PURPOSE AND INTENT.  It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to promote traffic safety, safeguard public heath and welfare, and discourage visual competition among businesses.

In addition, it is the intent of this section to develop a total and cohesive community environment through the adoption of discretionary controls designed to create a more attractive business climate, character and unique sense of place within the Village.

The Village encourages signage that is unique and creative to help reinforce the business brand and identification without creating visual blight.

22.32.020.  DEFINITIONS.  The following words and phrases shall have the meanings set forth in this Section when they are used in this Section:

A-Frame or Sandwich Board Signs: An advertising or business sign constructed in such a manner as to form an “A” or a tent-like shape.  Such signs are movable and not secured or attached to the ground or surface upon which it is located.

Accessible Sign: A sign that designates a site, building, facility, parking space, or portion thereof as barrier-free, that can be approached, entered, and used by individuals with disabilities and complies with the Americans with Disabilities Act. Signs shall be marked with the International Symbol of Accessibility.

Airborne Devices: A sign supported by aerodynamic forces or propelled through the air by force, including but not limited to air filled balloons, signs animated by forced air, and lighter than air signs.

Back-lit Signage: Solid/opaque letters, numbers or symbols illuminated from behind.

Banner: A sign made of a non-ridged material not including pennants or flags.

Billboard Sign: An on site, free-standing sign upon which a display can be posted, painted or otherwise affixed in a manner that is readily changed.

Billboard-Road Advertising Sign: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Building Elevation: The perimeter vertical surface of a building set approximately parallel to a lot line.

Bulletin Board: A sign with temporary replaceable letters or characters, used to announce dates of functions or activities.

Business: Any legal use of a building, other than for religion, day care center, school, home occupation or residence, by a person, firm or corporation. Although contained in the same building as another business and may or may not be owned by the same person, an activity may be treated as a separate business only if the following exists:

1. The businesses are physically separated from each other in a manner that complies with the Village adopted building code for fire separation between business uses.
2. Each business provides distinctly different services.
3. Has a separate business address.

Building Frontage: The horizontal width of the building or tenant space on the side parallel to the street, or streets, if contiguous.

Canopy: A roof-like cover, often of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or the like.

Canopy Sign: A sign affixed, applied to or a part of a canopy.

Canopy Valance: That portion of a canopy consisting of short strips or bands of material hung at the lower edge of the canopy.

Changeable Message Sign: A sign or portion thereof designed to accommodate frequent message changes composed of characters, letters, or illustrations and that can be changed or rearranged, either manually or electronically, without altering the face or surface of such sign.

Construction Sign: An on-premises sign erected during a construction of a project which identifies the project, the owner or developer of the site, the architect, engineer, contractor and subcontractors working on the project, and any funding sources for the project, but which does not act to advertise a product of service.

Development Identification Sign: A sign which, by means of symbol or name, identifies a shopping center or other development that may contain a mixture of uses, but does not include the name of a tenant.

Directional Sign: An on-premise sign whose primary purpose of which is to expedite the flow of vehicular, bicycle or pedestrian traffic to, from and within the premise.

External Lighting: Illumination resulting from light emitted directly from a lamp or luminary and is not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

Flag: A sign made of non-rigid material having a distinctive size, color, and design used as a symbol or emblem.

Grade: The average elevations of an area within a radius of the sign base equal to two times the height of the sign.

Ground Sign: A sign suspended or supported by one or more uprights or braces anchored in the ground with no more than 24 inches clearance from the bottom of the sign to the grade below.

Indirect Lighting: Light that has been reflected or scattered off another surface to illuminate the sign surface.

Illuminated Sign: Any sign lighted by or exposed to artificial lighting either by light on or in the sign or directed toward the sign.

Institutional Ground Sign: A sign displaying the name of a religious institution, schools, government buildings, library, community center, or similar institution, and the announcement of its services or activities.

Internally illuminated Sign: A sign having an internal lighting source that allows light to be visible through the sign face.

Legal Nonconforming Sign: A pre-existing legal sign or portion thereof, which previously complied with the sign regulations in effect at the time the sign permit was issued, which was designed, erected, or structurally altered such that it does not conform to the current regulations of the zoning district in which it is located.

Mascot Sign – Any person dressed with a business logo or as a representation of a business logo/mascot for the purpose of drawing attention and advertising that business.

Menu Boards: A sign that displays the bill-of-fare for drive thru restaurant customers.

Moving Sign: A sign that has motion either constantly or at intervals or that gives the impression of movement through intermittent, flashing, scintillating or varying intensities of illumination.

Mural Sign: Artwork applied to the wall of a building that covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural or historic significance and not interpreted by the Village to be advertising.  Murals determined to be advertising shall be considered a sign and shall be included in the calculations of allowable sign area.

Off-Premise Sign: A sign which contains a message related to a business, profession, commodity, service or activity sold or offered for sale on property other than the premises where such sign is located.

Outline Tubing Signs: A sign arranged of exposed tubing that outlines and calls attention to certain features of an advertising device such as individual letters, figures, shapes or words.

Parasite Signs: A sign intended to draw attention to any one or more of various services, items for sale, contests, etc., and is attached as an appendage to a sign, sign support or any part of a principal building, accessory building or other structure located on the premises.

Parked Vehicle Signs: Any sign attached to or upon any vehicle where said vehicle is allowed to remain parked in the same location, or in the same vicinity, for frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product.

Pennant: A small, often triangular, flag used in multiples as a device to call attention to a land use or activity.

Pole Sign: A permanent sign that is mounted on a freestanding pole(s) or post(s) that is independent from any building or other structure.

Political Sign: A sign relating to the election of a person to public office or to a political party or the expression of a political opinion, or to an issue or matter to be voted upon.

Portable Sign: Any sign, which by its construction, is intended to be moved from one location to another.

Premises: Any contiguous real property under the same ownership or control that is not divided by a public street.

Principal Building Frontage: The width of the building on the side where the primary entrance to the business is located, which may or may not front a street. The Planning Commission may designate an alternative horizontal building width as the principal building frontage for signage purposes.

Projecting Sign: A sign erected and attached at one end to a building that extends beyond the attachment surface by more than 12 inches.

Real Estate Sign: A temporary sign that relates to the sale, lease, or rental of property or buildings, or to construction activities on a site.

Rear Entry Sign: A wall sign which is located near the rear entry door on a building.

Roof Sign: A sign, which is erected, constructed and maintained above any portion of the roof.

Sign: Any object, device, logo, display or structure, or part thereof, which is intended to advertise, identify, display, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means. Signs shall include banners, bulbs or other lighting devices, streamers, pennants, balloons, propellers, flags and any similar device of any type or kind whether bearing lettering or not.  The official flag of any nation, state or nonprofit organization or a flag with no commercial advertising on its face, is not considered to be a sign, provided it is not used to attract attention to an object, person, institution, organization, business, product, service, event or location.  This definition does not include goods displayed in a business window, nor does it include religious symbols.

Sign Base: A support directly below a sign.

Sign Erector: Any person engaged in the business of erecting, constructing, altering, or removing signs.

Sign Face: The surface intended for the display of information on the sign excluding its base, foundation and erection supports.

Sign Height: The vertical measurement from the grade to the highest point of the sign.

Special Event Sign: A sign announcing an occasion such as a birth, graduation, birthday, anniversary or holiday greeting.

Streamers: A long narrow wavy strip resembling or suggesting a banner floating in the wind.

Temporary Sign: An informational sign, banner, pennant, commercial flag, without a structural frame, intended for a limited period of display, such as for sales events, or special decorative displays for holidays or public demonstrations.

Time/Date/Temperature Sign: A sign that displays the current time and/or date and/or temperature that may include the name, and/or insignia of a business on the premises.

Trailer Sign: A sign, which is attached to, or sitting upon a trailer, either stationary or mobile.

Valet Sign: A portable sign that designates a parking service is available and does not advertise any establishment or business offering valet services.

Wall Sign: A sign which is attached directly to or painted on the exterior wall of which is essentially in a plane parallel to the building or wall structure.

Window Sign: A sign that is affixed onto a window pane or glass or the intent of the indoor signage is to be visible from the outdoors viewed through the window pane or glass. Window Signage shall not obstruct view into business from walkway or public thoroughfare.

22.32.030.  MEASUREMENT OF SIGN AREA.  The total sign area is to be expressed in square feet and shall be computed as herein set forth and permitted in Section 22.32.110 of this Ordinance.

1. Single-Face Sign total area shall be computed as the number of square feet within lines drawn at the outer perimeter forming any single and/or combination of geometric shapes, such as a square, rectangle, triangle or circle encompassing the extreme limits of an individual letter(s), word(s), message(s), representation, emblem or any similar figure, including open space(s), together with any frame or other material forming an integral part of the display used to differentiate such sign from the background against which it is placed.

2. Double-Face Signs having two faces of equal or similar size arranged and/or positioned back-to-back and parallel or with the faces at an included angle of not more than 30 degrees in the plan or vertical view; the area of the sign shall be computed as one-half the total area of the two faces.  When the faces of such a sign are not of equal area, then the area of the sign shall be computed as the total area of the largest face.

3. When two Single-Face Signs are arranged and/or positioned within 36 inches of each other, the area of the two signs shall be computed as one Single-Face Sign and total area shall include the open space between the two separate faces.

4. The base of a ground sign shall not be counted as sign area.

22.32.040  SIGN ERECTION PERMITS AND APPLICATIONS

1. Sign Erection Permit Required.  It shall be unlawful for any person to erect, re-erect, alter or relocate any sign unless a permit shall have been first obtained from the Village, except as provided in the EXEMPT SIGN Section 22.32.050.  The Planning Commission, except for temporary signs as stated in TEMPORARY SIGNS Section 22.32.100(4), shall review all signs for compliance with these regulations and according to the standards stated in APPROVAL STANDARDS Section 22.32.095.  A permit fee must be paid in accordance with the schedule adopted by resolution of the Village Council.  Any sign that makes use electricity shall, in addition to a sign permit, require an electrical permit, regardless of size.

2. Planning Commission Approval Required.  A type of sign not explicitly defined in DEFINITIONS of this Section must be approved by the Planning Commission before a permit shall be issued.

3. Sign Erection Permits.  Permits for the erection of signs shall only be issued to persons qualified to carry on such work under the provisions of this Section.

4. Sign Erection Permit Expiration.  A sign permit shall become null and void if the work for which the permit was issued is not completed within 90 days of the date of issue.

5. Sign Erection Permit Applications.  Applications for sign permits shall be made upon forms provided by the Village for this purpose and shall contain the following information:

a. Name, address and phone number of applicant.

b. Location of the building, structure, or lot on which the sign is to be attached or erected.

c. Position of the sign on the building, structure or lot on which the sign is to be attached or erected.

d. Position of the sign in relation to nearby buildings, structures, property lines, and rights-of-way, existing or proposed.

e.12 copies of the plans and specifications and method of construction and attachment to the building or in the ground.

f. Copy of calculations, if deemed necessary by the Village, showing the structure is designed for dead load and wind pressure in accordance with the regulations adopted by the Village.

g. Name and address of the sign erector.

h. Insurance policy and/or performance bond as required herein.

i. Such other information as the Village may require to show full compliance with this and all other applicable laws of the Village and the State of Michigan.

j. When public safety so requires, the application containing the aforesaid material shall, in addition, bear the certificate or seal of a registered structural or civil engineer as a condition for issuance of a permit.

k. Indicate the zoning district in which the sign is to be located.

6. Servicing.  No permit shall be required for ordinary servicing, repainting of existing sign message, or cleaning of a sign.  No permit is required for change of message of a sign designed for periodic message change without change of structure, including a bulletin board or billboard.

22.32.050 EXEMPT SIGNS.  No erection permit shall be required for signs enumerated below.  Such exemptions, however, shall not be construed to relieve the owner of the sign from responsibility for its proper location, erection and maintenance.  Sign areas provided below are in addition to the sign area limits per premises of this Section:

1. Accessible Signs:  Signs that designate a site, building, facility, or portion thereof as barrier-free.

2. Flags:  The flag bearing the official designation of the United States of America when displayed on a flagpole of a height not exceeding 30 feet, but not more than one such flagpole per premises.  No more than two additional flags which bear the symbol of a nation, state or other governmental entity, may be displayed on each premises on flagpole(s) of a height not exceeding 30 feet.  Any site containing multiple businesses or containing multi�€‘family dwelling units may display one United States flag for each separate business or dwelling unit, provided that the display of the flags is limited to areas directly leased or owned by the occupants of the individual structures or units.

3. Government Signs:  Signs erected on a Village, County, Township, State or Federal building or land which announce the name, occupancy, achievements, and information of the use or admission to the premises.

4. Gasoline Service Station Pump Island Signs .

5. Numerical Address Signs:  Letters and numbers shall not exceed 8 inches in height.

6. Political Signs:  Shall be solely for the purpose of providing information relating to the election of a person to public office, or to a political party, or the expression of a political opinion, or to any matter to be voted upon, and shall be permitted subject to the following conditions:

a. Maximum Area:  Individual signs shall not exceed six square feet in area.  Permission to locate subject signs shall be obtained from the owner or occupant of property on which the sign is located.  Failure to comply with this condition shall be cause for immediate removal of that sign.  Political signs shall not be attached to any utility pole, other sign, other sign parts or landscaping including trees.  Political signs shall be ground or wall signs.  No ground sign shall be higher than four feet above grade.

b. Political signs shall be removed within ten calendar days after the election or event to which they relate. 

c. Political signs shall not be erected in such a manner that they will or reasonably may be expected to interfere with, obstruct, confuse or mislead traffic.

7. Public or Private School Achievement Signs:  Signs erected by, or for, a public or private school announcing the achievements of the school or its students provided each such sign is no more than 18 square feet in area.

8. Real Estate:  Accessory signs advertising premises for sale, rent and/or lease, when not more than six square feet in area for a single dwelling or building or vacant land.

a. Open House Sign:  A non-accessory real estate sign not to exceed four square feet in area designed to give direction to a premises that is for sale, rent and/or lease may be located on private property.  The sign height shall not exceed three feet above grade. Permission to locate subject signs shall be obtained from the owner or occupant of property on which the sign is located.  Failure to comply with this condition shall be cause for immediate removal of that sign.

b. Removal:  All real estate signs shall be removed on or before ten (10) calendar days after the sale, lease, or rental of the premises or structure.

9. Small signs including "garage sale" signs:  Accessory signs, which are not more than two square feet in area, may be erected on a residential premises provided the total area of all such signs on one premises shall not exceed four square feet.  Garage sale signs shall be permitted to be displayed for periods of no more than four days in any 90 day period.

10. Stadium Signs:  Athletic scoreboards are exempt if all of the following conditions are met:

a. The total square footage for all athletic scoreboards within an individual athletic facility, such as a football or soccer stadium or a baseball or softball field, shall not exceed 200 square feet;

b. There is no commercial advertising;

c. An electronic changeable message sign shall not be included; and,

d. No smoke, fireworks or other special effects that have an off-site impact shall be produced.

e. In addition to any permitted scoreboard, one additional stadium sign is exempt if the following conditions are met:

i.  The total area of the additional stadium sign shall not exceed 100 square feet; and,

ii. The additional stadium sign is located no closer than 200 feet from the nearest right-of-way line. 

11. Street Signs:  Signs erected by the Village, County, State, or Federal government for street direction or traffic control and information.

12. Temporary Signs: Temporary signs, used for non-commercial messages such as for public demonstrations or promotions of civic welfare or charitable purposes on which there is no commercial advertising, provided the Village is held harmless and blameless for any damage or injury resulting therefrom.  These signs shall not exceed six square feet in area, and shall be displayed for a period not to exceed 30 cumulative days in any six month period unless approved, for other periods, by the Planning Commission.

13. General Expression Signs: Signs that are designed for the expression of religious, personal, or political messages may be erected on a residential premises provided not more than one sign per premises is permitted which does not exceed six square feet in area.

14. Construction Signs: One such sign may be allowed per development, provided it shall have a maximum height of 8 feet above grade and a maximum area of 32 square feet.

15. Indoor “Open” Signs: One such sign may be allowed per street frontage, with a maximum of two.  Such signs may be up to 4 square feet in area and shall be installed no less than 5 feet and no greater than 7 feet above the finished floor.

22.32.060  SIGN ERECTOR REQUIREMENTS.  Permits may be issued only to licensed persons in compliance with the following provisions:

1. License Application:  Any person before engaging or continuing in the business of erecting or repairing signs in the Village shall apply for an annual sign erector's license subject to the following conditions:

a. Insurance Certificates:  Before a license is issued, the installing company shall submit for filing with the Village Clerk a valid Certificate of Insurance, approved by the Village Attorney, for bodily injury liability in the amount of $250,000.00 for injuries to one person and $500,000.00 for injury to more than one person, and property damage liability in the amount of  $50,000.00 for damage to any property due to the actions of himself or any of his agents or employees.

Said certificate shall provide for notification of the Village ten days prior to the expiration of insurance.

b. Lapsing of Insurance:  If at any time, the insurance of any sign erector is permitted to lapse, his license and right to obtain permits shall automatically be revoked.

c. Notification of Change:  A sign erector shall notify the Village of any change in address, and if a firm or corporation, any change in ownership or management if other than that indicated on the Insurance Certificates.

2. Revocation:  The license may be suspended or revoked as otherwise provided for in this Section.

22.32.070  CONSTRUCTION AND MAINTENANCE REQUIREMENTS.

1. Materials and Design:  All signs shall be designed, constructed and maintained in conformity with the provisions for materials, loads, and stresses of the latest adopted edition of the Village Building Code and requirements of this Section.

2. Erector's Imprint:  Signs that require a permit under this Section, must carry the identification and address of the sign erector, electrical voltage, when applicable, and date of erection in clearly legible letters whether for the initial erection or rehanging of a sign.

3. Fastenings:  All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables, and other parts of such signs shall be kept painted and free from corrosion.  Any defect due to the fault of the erector shall be repaired by the erector.
  
4. Fire Escapes:  No signs of any kind shall be attached to or placed upon a building in such a manner as to obstruct any fire escape routes.

5. Support Location:  No pole, cable or support of any nature shall be placed on any publicly owned property, street right-of-way, or proposed street right-of-way.

6. Changeable Message Signs and Time/Date/Temperature Signs:  Although changeable message signs and time/date/temperature signs are prohibited signs in Section 22.32.091, the message change cycle of these types of signs which may be currently in existence shall not be not less than ten seconds per message, except on a combined time/date/temperature message, in which case the change cycle shall not be less than two (2) seconds.

7. Flashing Signs:  All flashing or intermittent illumination of signs shall be prohibited.

8. Proximity to Electrical Conductors:  No sign shall be erected so that any part including cables, guys, etc. will be within ten feet of any electrical conductor, electric light pole, street lamp, traffic light, or other public utility pole or standard.

9. Rehanging:  In case of rehanging or re-erection of any sign, the new erector must place his identification, address and the date on the sign.

10. Sanitation:  Property surrounding any ground sign shall be kept clean, sanitary and free from obnoxious and offensive substances, free from weeds, rubbish, and flammable material.

11. Maintenance:  All signs shall be maintained in a condition of good repair.  Peeling or missing paint, holes, broken, cracked, bent, warped, rotted, discolored, sagging, out�€‘of�€‘plumb, worn, torn, rusted or missing material parts shall be repaired within ten days of written notification of the Village.

12. Compliance with Code:  The construction and maintenance of signs shall be regulated by the current edition of the adopted Building Code for the Village unless the provisions of this Section are more stringent.

22.32.080  COMPLIANCE CERTIFICATE REQUIRED.

1. Compliance Certification:  All signs shall be inspected at original installation and if found to be in full compliance with the provisions of this Section, shall be issued a Certificate of Compliance.

2. Inspections:  The Village shall cause existing signs to be inspected if deemed necessary by him to determine continuation of compliance with the provisions of this Section.

3. Concealed Work: In cases where fastenings are to be installed and enclosed in such a manner that the Village cannot easily remove material to see the fastenings and material used, the Sign Erector must advise the Village so that the inspection may be made before concealment.

4. Removal of Signs:  Should any sign be found unsafe, insecure, improperly maintained or constructed or not in accordance with the requirements of this Section, the erector and/or owner shall be required to make any such sign safe, secure and otherwise in compliance with the requirements of this Section within seven calendar days of notice.  Failure to comply shall result in an order to remove the sign within 48 hours from the time of notification in writing to that effect from the Village.

5. Exception:  Existing signs determined to be unsafe and in immediate hazard to health or safety shall be removed or repaired within 12 hours of notification.

6. Exemptions:  Exempt signs as provided in Section 22.32.050 shall not be issued a Certificate of Compliance.

7. Responsibility of Compliance:  The owner of any property on which a sign is placed and the person maintaining the sign are declared to be equally responsible for the erection, safety and condition of the sign and the area in the vicinity thereof subject to the provisions of Section 22.32.070.

22.32.090  GENERAL PROVISIONS IN ALL ZONING DISTRICTS.  The following provisions shall apply to all signs erected or located in any Zoning District:

1. Sign Location:

a. No sign, except those established and maintained by the Village, County, Township, State, or Federal Governments, shall be located within, project into, or overhang a public right-of-way or dedicated public easement, unless otherwise authorized in this Section.

b. No sign above a height of 36 inches shall be located within, project into, or overhang the triangular area formed at the intersection of any two street right-of-way lines (existing or proposed) by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection, unless visual under clearance can be assured on the plans.

c. No wall sign shall project beyond or overhang the wall, or any permanent architectural feature, by more than 12 inches, and shall not project above the roof line or parapet.

d. Construction signs advertising buildings or projects under construction or repair may be erected and maintained for a period not to exceed the term of construction or repair, and such sign shall be erected on the site of construction.  Said sign shall advertise only the building or project under construction and information related thereto such as its developers, contractors, engineers, brokers and architects.

e. No sign shall be permitted at any location which, in the sole discretion of the Village, creates any type of safety hazard or visual impediment to pedestrian or vehicular traffic.

2. Sign Height:  No ground sign, except as otherwise provided herein, shall project above the maximum height limitation of 8 feet above grade.

3. Liability Insurance:  If the vertical distance of a sign above the street is greater than the horizontal distance from the sign to the street right-of-way line and is so located as to be able to fall or be pushed onto public property, then the owner of such sign shall keep enforce a bodily injury liability insurance policy in the amount of $250,000.00 for injury to one person and $500,000.00 for injury to more than one person and property damage liability in the amount of $50,000.00 for damage to property.  In lieu of an insurance policy as required herein, an owner may present proof satisfactory to the Village Attorney that said owner is financially capable of self-insurance in the above amounts.

22.32.091.  PROHIBITED SIGNS IN ALL ZONING DISTRICTS.  The following signs are prohibited in all Zoning Districts

1. Signs that are not clean, i.e. are covered with materials that obscure the message, in whole or in part. Signs that are not in good repair, i.e. having broken foundation, base, or support structures, lighting fixtures, etc. and/or having a faded appearance.

2. Signs that are not securely affixed to a substantial structure that will hold the sign in a fixed position under normal weather conditions or deemed to be unsafe by the Village.

3. Signs that are attached to any natural growth, such as trees, shrubs, rock or other foliage.

4. Signs, which by reason of their location, shape, size, or color appear to regulate, warn, or direct the movement of vehicular traffic on public thoroughfares or interfere with or resemble an official traffic sign or device.

5. Signs other than utility company signs affixed to power poles or other utility structures of fixtures.

6. Signs located so far as to interfere with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.

7. Signs in public rights-of way.

8. All types of flags, banners, pennants, streamers, and airborne devices attached to the ground or buildings (unless specifically authorized elsewhere in this Section).

9. All billboard and billboard-road advertising signs.

10. Internally illuminated signs except for those specifically allowed in 22.32.110.

11. Off premise signs.

12. Roof signs.

13. Pole signs.

14. Changeable electronic message signs.

15. Moving or revolving signs.

16. Time/Date/Temperature signs.

17. Trailer signs.

18. Parked vehicle signs.

19. Outlined tubing signs.

20. Parasite signs.

21. Mascot signs.

22. No red or green illumination within 200 feet of traffic signal.

23. Any sign that advertises, identifies, or pertains to a business no longer conducted, or product no longer sold, on a premise where such a sign is located. Such signs shall be removed within fifteen (15) days following cessation of the relevant activity.

24. No sign which advertises a business related transacted or goods sold or produced, shall be constructed or maintained that does not advertise a business related transaction or goods sold or produced on the premises on which the sign is located.

25. For Sale, For Lease, or For Rent signs posted on ground signs, signage bands, projecting signs or canopies are prohibited.

22.32.095.  STANDARDS FOR ALL SIGNS:

1. Number and square footage requirements

a. Each business shall be allowed a maximum of two (2) types of signs per any single building elevation that has public frontage. Types of signs are:

• Wall sign
• Ground sign
• Canopy sign

Individual businesses within a multi tenant building shall not have individual ground signs but can have (1) Development Identification Sign or a collective ground sign (subject to the provisions of Section 22.32.110) in addition to the (1) allowable sign listed above. Professional and medical offices in a multi tenant building shall have a Development Identification Sign only.

b. For the purpose of determining the number of signs, where graphic material is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign; a number of small signs randomly placed on a wall shall not be construed to be a single sign.

c. A two-sided or multi-sided sign shall be regarded as one sign so long as the interior angle of a “V” shaped sign does not exceed thirty (30) degrees and the two sides are at no point separated by a distance that exceeds five (5) feet; and the distance between the backs of each face of a double faced (back-to-back) sign does not exceed three feet.

d. Canopy signs can be up to 30% of the allowable wall sign square footage.

e. Window signs are allowed provided they do not exceed 25% of the total window pane area and does not exceed ten (10) square feet, whichever is less.

2. Height, setback, and projection requirements

a. When measuring sign height, the height of the entire structure, including decorative elements, shall be included.

i. For ground signs, height shall be calculated as the vertical distance measured from grade to the highest point of the sign.

ii. For signs attached to buildings, height shall be calculated as the vertical distance from the grade at the building to which a sign is attached to the building to the highest point of the sign.

b. No sign may extend above any parapet of a flat roof or above the eve line of a sloped roof.

c. No wall sign attached to a building may project more than twelve (12) inches from the building wall. In those instances, where a wall sign is affixed to the wall of a structure, which lies on a right-of-way line, the bottom of the wall sign may be no closer than eight (8) feet from the grade.

d. No part of a ground sign may be closer than four (4) feet to the right-of-way.

e. No part of a projecting sign  or sign bracket may extend more than five feet and six inches (5-6”) over private property or more than thirty six (36) inches beyond the property/R.O.W line

f. Except for awning signs hanging entirely over private property, no part of an canopy sign may be closer than eight (8) feet above grade level.

3. Signage Information

a. A development identification sign shall contain no other advertisement display, including the name of any individual tenant.

4. Illumination/lighting

a. All electrical wiring shall be concealed from view or placed underground.

b. Signs shall be lit indirectly or externally (see exception in 22.32.110). Lighting shall be directed either downward or upward onto the sign face and shielded so that it illuminates only the sign face and does not shine directly into a public right-of-way or residential premises.

Exceptions:

i. Wall or ground signs may be internally illuminated not exceeding 30% of the total signage area.

ii. Back lit wall or ground signage

c. No signage shall be illuminated by flashing or intermittent lights or lights changing degrees of intensity.

d. No receptacle or device housing a permitted light source for a sign shall protrude more than thirty six (36) inches from the face of the sign or building to which it is attached

e. All illuminated signs shall be equipped with a functional timer control.  No sign shall be illuminated after 11:00 PM or one-half hour following the close of the business day, whichever is later.  No sign shall be illuminated before 7:00 AM, or one-half hour prior to the beginning of the business day, whichever, is earlier.  These provisions do not apply to residential subdivision identification signs.

f. Any illuminated sign located on a lot abutting or across a street from, any residentially zoned or occupied property shall not be illuminated between the hours of 9:00 PM and 7:00 AM except that such sign may remain illuminated during such time as the activity to which the sign pertains is open for business.

5. Sign Materials

a. Sign and base materials shall be constructed of durable materials able to withstand Michigan’s four seasons.

b. E.I.F.S. is prohibited as a sign construction or base material.

c. It is recommended that the sign be constructed of materials compatible with the existing structure.

6. Sign Colors: No sign shall contain more than three (3) colors. Black and White shall be considered to be colors except when either is used only as the background of the sign.

Exception: Multiple color company logos may be permitted under the discretion of the Planning Commission.

7. Lettering Styles: A maximum of two differing type of styles shall be allowed on any single sign.

8. Obstruction of Accessways: No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window, or other required accessway.

9. Obstruction of window surface: No sign shall project over, occupy, or obstruct any window surface required for light or ventilation by any applicable provision of the adopted Village of Beverly Hills Building Code.

10. Sign spacing: No sign shall be nearer than twenty (20) feet to any other sign or structure other than a structure to which it is lawfully attached. The Planning Commission may reduce this spacing when existing conditions preclude an otherwise permissible sign.

11. General safety: Notwithstanding any other provision of this section, no sign shall be constructed or maintained in any area or in any manner so as to create a nuisance or a threat to the public safety or welfare.

12. Landscaping of ground signs: All ground signs shall be located within a landscaped area of not less than two hundred (200) square feet in area.  Ground signs shall be landscaped with grass, small shrubs, perennials and/or other live ground cover.

13. Standards for specific uses: All signs must comply with 22.32.110, unless otherwise provided.

a. Signs relating to automotive service stations, including any business selling automotive fuel.

i. In addition to the signs allowed in 22.32.110, automotive fuel service stations, including any business selling fuel, may display one other sign, with a sign face not exceeding eighteen square feet, for the purposes of advertising the price of gasoline or other accessory products sold on the premises, including information regarding accepted credit cards. For purposes of this subsection, the sign area advertising the price of gasoline or fuel may be electronic. Other areas of the signage must be illuminated by external means.

b. Development Identification Center Signs. Notwithstanding 22.32.110, in the case of a shopping center or other integrated group of stores or commercial buildings one freestanding center sign may be erected. The maximum area for such sign face shall be equal to one-half (0.5) square foot of sign face area for each foot of building frontage, or fifty (50) square feet, whichever is less. All multi-tenant, business center signs shall be located within a landscaped area of not less than two hundred (200) square feet in area.

22.32.110  DISTRICT REGULATIONS.

Permanent Business Sign Standards
Type of Sign	Permit Required	Maximum Area	Maximum Height	Illumination	Maximum Number
Canopy Sign	Yes	1 square foot for each linear foot of principal building frontage not to exceed 15 square feet	3 feet max. Canopies signs shall not be attached to the outer wall at a height of less than 8 feet above a public sidewalk and at a height of less than 15 feet above public driveways, roadways, alleys and thoroughfares.	External lighting with building compatible light fixture located above canopy. No internal illumination allowed.	1 canopy sign allowed per business. 2 identical principal canopy signs are allowed if business fronts 2 streets.
Canopy Valance Signs	Yes	No more than 33% of canopy valance area	Canopy valance shall not be more than 9 inches in height. Canopies may not extend from the wall at the height of less than 8 feet above walkway or public right-of-way	No illumination	1 per canopy allowed
Directional Signs	Yes	5 square feet	4 feet above grade	No illumination	No maximum; however, logo of business not permitted.

Development Identification sign	Yes	50 square feet	No more than 8 feet high (including base). If base is used, 1/3 base (max.) to 2/3 sign proportion allowed.	Back-lit, indirect or external lighting source. Sign may have internal illumination not to exceed 30% of total sign area. No illuminated wall signs on side or rear of building.	One per multi-tenant building or center. A second sign may be permitted where such a building has two or more street frontages with a minimum separation between signs of 300 feet.
Ground Sign	Yes	30 square feet	No more than 8 feet high (including base). If base is used, 1/3 base (max.) to 2/3 sign proportion allowed.	Back-lit, indirect or external lighting source. Sign may have internal illumination not to exceed 30% of total sign area. No illuminated wall signs on side or rear of building.	1 sign for single business use which abuts one street, 2 signs if business has 2 or more street frontages with a minimum separation between signs of 300 feet.
Menu Board	Yes	25 square feet (not counted toward sign area)	8 feet	Permitted during business hours. Internal or external illumination permitted.	1 sign per drive thru lane
Projecting Sign	Yes	10 square feet	No less than 8 feet above grade.	Permitted	1 projecting sign per business. Sign cannot be located within 20 feet of any other projecting sign; however, this provision shall not deny any place of business at least one projecting sign.
Rear Entry Signs	Yes	6 square feet (not counted towards total sign area)	N/A	Permitted	1 sign
Wall Sign	Yes	One square foot for each linear foot of principal building frontage not to exceed 30 square feet. A business with 15,000 square feet or more may have up to 60 square feet.	Wall signs shall not be attached to the outer wall at a height of less than 8 feet above a public sidewalk/grade and at a height of less than 15 feet above driveways, roadways, alleys and thoroughfares. Wall signs that project more than 3 inches from the building facade shall not be attached to the outer wall at a height of less than 8 feet above a public sidewalk or at a height of less than 15 feet above public driveways, and thoroughfares.	Back-lit, indirect or external lighting source. Sign may have internal illumination not to exceed 30% of total sign area. No illuminated wall signs on side or rear of building.	1 sign per business. 2 identical principal wall signs are allowed if businesses fronts 2 streets.
Window Signs	No	10 total square feet not to exceed 25% of total window area, whichever is less	N/A	Not permitted	Limited by window area.

Temporary Business Sign Standards
Type of Sign	Permit Required	Maximum Area	Maximum Height	Illumination	Maximum Number/Duration
Special Event Signs (grand opening)	Yes	30 square feet	8 feet above grade	Not Permitted	1 sign per new business. Display period not to exceed 30 cumulative days in any six month period.
"A" frame or sandwich boards	No	9 square feet	4 feet	Not permitted	1 sign. Locate directly in front of the primary building frontage, on property, only during business hours.
Valet Sign	No	9 square feet	4 feet	Not permitted	1 sign, in place for a duration not to exceed 12 hours a day.

Permanent Residential Sign Standards
Type of Sign	Permit Required	Maximum Area	Maximum Height	Illumination	Maximum Number
Institutional Ground Sign	Yes	30 square feet	No more than 8 feet high (including base). If base is used, 1/3  base (max.) to 2/3 sign proportion allowed.	Maximum distance from ground sign not to exceed 36 inches. Sign may have internal illumination not to exceed 30% of total sign area.	1 sign for single business use which abuts one street, 2 signs if business has 2 or more street frontages with a min. separation between signs exceeding 300 feet.

Institutional Wall Sign	Yes	1 square foot for each linear foot of principal building frontage not to exceed 30 square feet. If single business tenant building square footage is 15,000 square feet or more, signage may not exceed 60 square feet	3 feet max. Wall signs shall not be attached to the outer wall at a height of less than 8 feet above a public sidewalk/grade and at a height of less than 15 feet above public driveways, roadways, alleys and thoroughfares. Wall signs that project more than 3 inches from the building facade shall not be attached to the outer wall at a height of less than 8 feet above a public sidewalk or at a height of less than 15 feet above public driveways, alleys and thoroughfares.	Back-lit, indirect or external lighting source. Sign may have internal illumination not to exceed 30% of total sign area. No illuminated wall signs on side or rear of building.	1 sign per institution. (2) identical principal wall signs are allowed if institution fronts 2 streets.
Multiple-Family Residential Signs	Yes	30 square feet	No more than 8 feet high (including base). If base is used, 1/3  base (max.) to 2/3 sign proportion allowed.	Maximum distance from ground sign not to exceed 36 inches. Sign may have internal illumination not to exceed 30% of total sign area.	1 sign per development which abuts one street, 2 signs if development has 2 or more street frontages with a minimum separation between signs exceeding 300 feet.
Home Occupation Wall Signs	No	1 square foot	N/A	Not permitted	1
Ground Signs - subdivisions	Yes	65 square feet	8 feet above grade	External lighting only	1 sign per major entry to subdivision.

Temporary Residential Sign Standards
Type of Sign	Permit Required	Maximum Area	Maximum Height	Illumination	Maximum Number
Advertising Lots and/or Buildings in One Subdivision Sign	No	32 square feet	6 feet above grade	Not permitted	1 sign
Institutional Special Event	Yes	15 square feet	8 feet above grade	Not permitted	1 sign at a time, maximum f 6 per calendar year
Home Improvement or professional services Signs	No	4 square feet	4 feet above grade	Not permitted	1 sign.
Special Event Signs	No	N/A	10 feet above grade	Not permitted	1 sign

22.32.120  NONCONFORMING SIGNS.

1. Lawful Existing Signs:  Any sign lawfully existing at the time of adoption of this Section which does not fully comply with all provisions shall be considered a legal nonconforming sign and may be permitted to remain as long as the sign is properly maintained and not detrimental to the health, safety and welfare of the community except as hereafter provided.

2. Continuance:  A nonconforming sign shall not:

a. be expanded, change type, or change to another nonconforming sign;

b. be relocated or structurally altered so as to prolong the life of the sign, or so as to change the shape, size, type, placement, or design of the sign's structural parts;

c. be repaired after being damaged if the repair of the sign would cost more than 50 percent of the cost of an identical new sign, excluding the foundation;

d. be re-erected after being damaged if the sign has been removed from the property and if a sign permit application to re-erect/repair the sign has not been submitted to the Village within 30 days of the sign being damaged. {Ord. 386; 10-24-23}

3. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provision of this Section.  For the purpose of this Section only, the term "altered" or "reconstructed" shall not include normal maintenance; changing of surface sign space to a lesser or equal area, ornamental molding, frames, trellises, or ornamental features or landscaping below the base line; or the addition, construction, installation, or changing of electrical wiring or electrical devices, backgrounds, letters, figures, or characters, or other embellishments.  Nonconforming signs and sign structure shall be removed or made to conform within 90 days of the termination of the use to which they are accessory.

4. Intent:  It is the intent of this Section to encourage eventual elimination of signs that may, as a result of the adoption of this Section, become nonconforming over a period of time, and to administer this Section to realize the removal of such nonconforming signs and avoid any unreasonable invasion of established private property rights.  Therefore;

a. No person shall be required to remove a sign that was erected in compliance with previous regulations of this Section if said sign becomes nonconforming due to a change in regulations occurring upon adoption of this Section, or of the location of buildings, streets or other signs that change, is beyond the control of the owner of the sign and the premises on which it is located.

b. If the owner of a sign or the premises on which a sign is located structurally alters a building, changes the location of a property line, or sign or changes the use of a building, or otherwise alters site features, so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this Section.

c. All nonconforming signs shall be brought into compliance when an existing building is expanded by 25% or more, when a new building is constructed, or when development under the Village Center option is pursued (Section 22.23). {Ord. 354; 9-12-15}