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Springfield Township


AMENDMENTS TO ZONING ORDINANCE NO. 26



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December 21, 2011 - NOTICE OF SECOND READING

AMENDMENTS TO ZONING ORDINANCE NO. 26

NOTICE IS HEREBY GIVEN, that the Township Board of the Charter Township of Springfield will hold a SECOND READING at its Regular Meeting on Thursday, January 12, 2012, beginning at 7:30 p.m. at the Springfield Township Civic Center, 12000 Davisburg Rd., Davisburg, MI 48350 to consider the following proposed amendments to Springfield Township Zoning Ordinance No. 26.

CHARTER TOWNSHIP OF SPRINGFIELD

AN ORDINANCE TO AMEND ORDINANCE NO. 26, ZONING ORDINANCE

THE CHARTER TOWNSHIP OF SPRINGFIELD, OAKLAND COUNTY, MICHIGAN, ORDAINS:

Ordinance No. 26, the Zoning Ordinance of the Charter Township of Springfield is hereby amended as follows:

SECTION 1. Amendments

ARTICLE XVI –GENERAL PROVISIONS, Section 16.24 - Transient and Seasonal Display of Products or Materials Intended for Sale is hereby amended as follows:

1. Permit Requirements.

a. The outside sale of seasonal items which may include, but not be limited to, Christmas Trees, flowers and plants, pumpkins and other such seasonal items, and the temporary sale of any other merchandise and special events shall require a permit from the Township, unless such outside sales have received site plan approval. Special Events may include, but are not limited to, promotional sales, community events, or ceremonies.

b. Applications for seasonal or temporary sales or events shall be accompanied by a scaled drawing depicting the location of the proposed use, parking, drives, and signage.

c. Applications shall be filed with the Township a minimum of ten (10) days prior to the intended commencement of the sale or the event

d. Permits may be approved by the Township for a period not to exceed thirty (30) days.

e. Outside sales shall be confined to the area designated on an approved site plan and/or through the issuance of a permit as set forth in this Section.

f. Provided all other provisions in this Section are met, an organization or business that holds a number of events throughout the calendar year, which term "events" shall not be interpreted to mean a "sale", may apply for an annual permit in accordance with the following additional provisions:

(1) Upon application to the Township for an annual permit, such organization shall provide a list and the date(s) of each event. An applicant who has been approved for an annual permit shall notify the Township not later than fourteen (14) days prior to an event which was not listed on the annual permit application. Exceptions to the fourteen (14) day requirement may be granted by the Township for fundraising events for disasters or emergencies.

(2) Provided such organization has been in compliance with the provisions of this Ordinance, it shall be allowed to apply for a renewal of its permit on an annual basis by application to the Township in accordance with the requirements of this section.

2. Sales Permitted in All Districts Without Permit.

a. Retail sale of products grown on the premises, provided that such retail sales are operated by the occupants of the premises.

3. Standards and Conditions.

a. Seasonal or temporary sales and events at the discretion of the Township may be located no closer to a public road right-of-way than the required front setback or existing building, whichever is less.

b. Seasonal or temporary sales and events shall not occupy or obstruct the use of any fire lane or more than ten (10) percent of the required off-street parking, provided use of such area does not materially affect the functioning of the site.

c. Ingress and egress shall be provided in a manner so as not to create a traffic hazard or a nuisance.

d. The Township will determine whether adequate access, circulation and off-street parking is available on the site to accommodate both the principal use and seasonal and temporary sales.

e. Signage for seasonal or temporary sales operations and events shall comply with the standards for temporary signs in Section 16.07.8 c. Pennants, streamers, and other prohibited signs are listed in Section 16.07.2.d.

f. Temporary tents and other temporary items used in conjunction with outdoor sales or events shall be approved by the Township. Upon discontinuance of the event or seasonal use, any temporary items shall be removed.

ARTICLE XVI –GENERAL PROVISIONS, Section 16.07 - Signs is hereby amended as follows:

Amend Subsection 16.07.2 General Conditions as follows:

2. General Conditions:

a. Location – All signs must direct attention to a business or profession conducted on the premise or to a commodity, service or entertainment primarily sold, offered, manufactured, processed, or fabricated thereon.

b. Illumination –

(1) No sign shall be illuminated by other than electrical means.

(2) The light from illuminated signs shall be directed in a manner that will not interfere with vehicular traffic or with the enjoyment or use of adjacent properties, nor directly shine onto adjacent or abutting properties.

c. Safety –

(1) All permanent signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the Township. In the event of conflict between this Ordinance and other laws, the most restrictive shall govern.

(2) All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or, pedestrian movement on any public sidewalk or safety path.

(3) No sign shall be erected, relocated or maintained so as to obstruct fire fighting or prevent free access to any door, window or fire escape.

d. Signs Prohibited Under this Ordinance. All signs not expressly permitted under this Ordinance are prohibited in the township. Such prohibited signs include, but are not limited to, the following:

(1) Beacons;

(2) Pennants and/or streamers;

(3) Portable Signs, except those permitted in Section 16.07(8)(c) Temporary Signs;

(4) Roof Signs;

(5) Flags, except those representing the insignia of any nation, state, college or university, or other government organization.

(6) Inflatable signs and tethered balloons;

(7) Animated signs including: signs containing flashing, intermittent or moving lights or with moving or revolving parts. This provision is not intended to exclude those signs which give the time or temperature, provided no other animated messages are displayed.

(8) Signs affixed to utility poles or to trees, rocks, shrubs or natural features, provided signs on a rock denoting a site of historical significance or a person being honored may also be allowed.

(9) Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices or signs which make use of words such as "Stop", "Look", "Danger", or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.

(10) Permanent signs (other than those erected by a public agency) which are located within or overhang the public right-of-way or on public property.

(11) Any strobe, flashing, or oscillating lights either from the interior or exterior of a building.

e. Signs Permitted in All Districts Without a Permit.

(1) Incidental signs which are intended to direct the flow of pedestrian and vehicular traffic on private property. Incidental signs shall not exceed two (2) square feet in area and four (4) feet in height, shall contain no advertising and may be illuminated.

(2) Signs erected for traffic safety purposes by public road agencies.

(3) Federal, State, County or Local required signs on private property not to exceed six (6) square feet.

(4) Real estate and political signs subject to provisions of paragraph eight.

(5) Signs with no commercial message intended to display garage sales, family reunions, and other similar activities in the Township. These types of signs are allowed to be posted for a maximum of three (3) consecutive days and must be removed at the end of that time period.

Amend Subsection 16.07.4 Building Signs as follows:

4. Building Signs

a. General Requirements

(1) Within all non-residential zoning districts, a combination of building signs, not including window signs, are not to exceed the maximum sign area per table 4(b) for each zoning lot. Signage for multiple tenant shopping centers shall not exceed the total maximum square footage allowed for building signs in that district per zoning lot. If the maximum building sign size for a zoning lot on which a multiple tenant shopping center is located creates a condition where individual tenants within a shopping center have a maximum building sign size less than that enjoyed by a similar business on a separate zoning lot, the maximum building signage may be increased by the Township during site plan review. However, in such cases where the Township allows an increase of the maximum building signage for a multiple tenant shopping center, the maximum sign area (square feet) per tenant shall not exceed one (1) square foot of sign area per one (1) lineal foot of building frontage.

(2) Within all PUD Districts, the number and size of all signs shall be determined by the intended use of the premises, subject to the review and approval of the Township, during PUD plan review.

b. Maximum area requirements for building signs shall be applied within each Zoning District according to the following schedule:

Area (sq. ft.) Per One (1) Maximum Area

District Foot of Building Frontage in Sq. Ft.

OS 1 100

C-1 1 100

C-2 1 100

M-1 1 100

M-2 1 100

RC .5 50

c. Window Signs. Window signs are not counted towards total building signage and shall be permitted on the inside in commercial and office districts provided that the total combined area of such signs shall not exceed one-quarter (1/4) or twenty-five percent (25%) of the total window area.

Amend Subsection 16.07.6 Administration as follows:

6. Administration

a. Site Plan Review – For new development subject to site plan review under the provisions of Section 18.07, the final site plan shall include a comprehensive sign plan including ground, building and directional sign locations and details. Any sign, other than directional signs and temporary signs, not included in the comprehensive sign plan at the time of final site plan approval shall be subject to Planning Commission approval.

b. Permits Required

(1) It shall be unlawful to display, erect, relocate, or make structural or dimensional alterations to any sign without obtaining a sign permit.

(2) A permit shall be issued by the Township only if the proposed sign meets all the requirements of the Ordinance.

(3) If a proposed alteration is limited to the information to be communicated on the sign, and structural modification shall not be required, no permit shall be required.

(4) Each application for a sign permit shall be accompanied by fees, established by the Township Board.

(5) The 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 his authorized agent, or a sign contractor. Such applications shall be made in writing on forms furnished by the Township and shall be signed by the applicant and owner.

Amend Subsection 16.07.8 Other Permitted Signs as follows:

8. Other Permitted Signs. The following temporary signs shall be permitted in accordance with the regulations herein.

a. Permitted Real Estate

(1) One (1) non-illuminated sign of six (6) square feet or less shall be allowed without permit for advertising land or buildings for rent, lease, or sale, provided such signs are located on the property intended to be rented, leased, or sold.

(2) One (1) non-illuminated sign in excess of six (6) square feet used for advertising land or buildings for rent, lease or sale may be permitted by the Township in any district provided such signs are located on the property intended to be rented, leased, or sold. Such signs shall not exceed an area of sixteen (16) square feet and height of four (4) feet in all single family residential districts, an area of thirty-two (32) square feet and height of six (6) feet in all other districts, and be removed upon the completion of sale or full rental or leasing of the property. Signs of this type require a sign permit and review by the Township, taking into consideration the general conditions described in subsection (2); the size of such sign to be that as reasonably determined by the Township to allow the sign to be visible to traffic, taking into consideration traffic speed, roadway width, zoning district, and any other relevant factors.

(3) One (1) non-illuminated free standing sign listing persons or firms connected with construction work being performed may be permitted upon application to the Township provided such signs are located on the property under construction. Such signs shall not exceed thirty two (32) square feet in area, a height of six (6) feet, and will be removed upon the completion of construction or after one (1) year whichever comes first.

b. Political Signs

(1) Political signs shall be allowed without permit provided such signs are located on property whose owner(s) have granted permission and that the signs do not violate subsections 16.07.2.d(1), 16.07.2.d(2), 16.07.2.d(7), 16.07.2.d(8), 16.07.2.d(9), 16.07.2.d(10) or 16.07.9.

(2) Political signs placed within the township in advance of an election where the candidates or issue will be on the ballot must be removed within fifteen (15) days after the election.

c. Temporary Signs. A temporary sign permit can be issued by the Township if all of the following criteria have been met.

(1) A temporary sign shall have a maximum height of four (4) feet in residential areas, or six (6) feet in commercial areas, from the natural grade to the top of the sign.

(2) Only one (1) temporary sign per business is allowed at one time. Temporary signs from different businesses on the same property may be located on the same parcel at the same time, provided they must be at least fifty (50) feet apart. Each temporary sign must be setback at least fifteen (15) feet from the road right-of-way.

(3) Temporary signs shall not exceed four (4) square feet per side in residential areas, or sixteen (16) square feet per side in commercial areas, with a maximum of two (2) sides per sign.

(4) Except as otherwise provided in Section 16.24, each temporary sign shall remain in place no longer than fourteen (14) consecutive days and the posting of any temporary sign on the property shall not cumulatively exceed sixty (60) days within a calendar year.

(5) Sandwich or A-frame signs are permitted, if they meet the criteria for temporary signs outlined herein. Additionally, sandwich or A-frame signs can only be placed during business hours and must be removed each day upon closing. All sandwich and A-frame signs cannot block or impede pedestrian traffic.

(6) "Help Wanted" signs not exceeding six (6) square feet in area and four (4) feet in height, which may be displayed on private property for a period for up to four (4) weeks at a time, and not more than four (4) times within such a calendar year.

(7) Temporary signs placed upon property in the Township in violation of this Ordinance may be removed by the Township, the owner of the sign, or the owner of the property where a sign has been placed, or their designees. A temporary sign that has been removed by the Township will be kept for five (5) days, at which time the sign may be destroyed or disposed of by the Township.

(8) All temporary signs must be maintained in a condition similar to that which existed at the time of their erection.

SECTION 2. Balance of Ordinance Remains in Effect

The balance of Ordinance No. 26 shall remain in full force and effect, except as specifically modified herein.

SECTION 3. Repealer

All ordinances and portions of ordinances inconsistent with this Ordinance are hereby repealed.

SECTION 4. Savings Clause

Nothing in this ordinance shall be construed to affect any suit or proceeding pending in any court or any rights acquired or any liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

SECTION 5. Severability

Should any provision or part of this Ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this Ordinance, which shall remain in full force and effect.

SECTION 6. Effective Date

This Ordinance shall take effect following publication in the manner prescribed by law. This Ordinance shall be published in the manner provided by law.

NOTICE IS FURTHER GIVEN, that the complete text of Zoning Ordinance No. 26 and documents related to the proposed amendments may be examined at the Springfield Township Clerk's Office, 12000 Davisburg Rd., Davisburg, MI 48350 during regular office hours. Written comments may be submitted to the Springfield Township Clerk up until the time of the Second Reading. Those persons needing a special accommodation should contact the Clerk's Office at least two (2) business days in advance. 248-846-6510.

LAURA MOREAU, Clerk

Charter Township of Springfield

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