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Clarkston Village


ZONING ORDINANCE NO. 129 TO MODIFY THE DOWNTOWN SIGN DISTRICT AND THE NONRESIDENTIAL DISTRICT SIGNS SECTION TO ALLOW ILLUMINATED OPEN SIGNS



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December 19, 2012 - ORDINANCE NO. 129-4

AN ORDINANCE TO AMEND THE CITY OF THE VILLAGE OF CLARKSTON ZONING ORDINANCE NO. 129 TO MODIFY THE DOWNTOWN SIGN DISTRICT AND THE NONRESIDENTIAL DISTRICT SIGNS SECTION TO ALLOW ILLUMINATED OPEN SIGNS.

The City of the Village of Clarkston Ordains:

Section 1:01. That Article lI, Definitions, be amended to add the following definitions:

Illuminated "Open" Sign: Any internally illuminated sign displaying the word "OPEN" in the Village Commercial District intended to enable a passerby to discern whether an establishment is open for business.

Section 2:01. That Article XXIl, Signs, Section 22.03, Definitions, be amended to add the following as definition 24, and renumber definitions 24 through 59 to 25 through 60:

24. Illuminated "Open" Sign: Any internally illuminated sign displaying the word "OPEN" in the Village Commercial District intended to enable a passerby to discern whether an establishment is open for business.

Section 3:01. That Article XXII, Signs, Section 22.05.D, Downtown Sign District, be amended to add the following as paragraph 8, and renumber paragraphs 8 through 13 to 9 through 14:

8. Illuminated "Open" Signs: One (1) illuminated "open" sign per public entry may be provided at any business that is located within the Village Commercial District, subject to the conditions listed in Section 22.08.k.

Section 4:01. That Article XXII, Signs, Section 22.08, Nonresidential District Signs, be amended to add the following as paragraph K:

K. Illuminated "Open" Signs: One (1) illuminated "open" sign per public entry may be provided at any business located within the Village Commercial District, subject to the following conditions:

1. The sign is displayed in a window.

2. The dimensions of the sign shall not exceed 13.5 inches by six (6) inches.

3. The internally illuminated part of the sign shall only include the word "Open" in red letters that are no greater than five (5) inches tall. The background of the sign shall be black. The sign shall not contain any other words, symbols, logos, borders or other graphics or light features whatsoever.

4. Illuminated open signs that incorporate flashing, revolving, rotating, or moving lights or other parts are prohibited.

5. Signs shall be illuminated only during hours when the business is open.

Section 5:01. That Article XXII, Signs, Section 22.05.A, Permit Exempt Signs, be amended to add the following as paragraph 23:

23. Illuminated "Open" Signs

Section 6:01. That Article XXII, Signs, Section 22.06.B, Illumination, be amended as follows:

5. Interior Illuminated Signs. Illuminated wall signs using an interior light source are prohibited. Signs using visible bulbs, neon, fluorescent or similar lights are prohibited, except for illuminated "open" signs in the Village Commercial District that meet the requirements of Section 22.08.k.

Section 7:01. Savings Clause.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.

Section 8:01. Repealer Clause.

All ordinances or policies of the city in conflict with the provisions herewith are hereby repealed. This ordinance is intended to be both preventative and punitive, and is intended to be in furtherance of and an extension of, but not in conflict with, the provisions of the city charter of the City of the Village of Clarkston, and the laws of the State of Michigan.

Section 9:01. Severability Clause.

Should any section, subdivision, clause or phrase of this Ordinance be declared by the courts to be invalid, the validity of this Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 10:01. Effective Date.

Public Hearing having been held by the Planning Commission for the City of the Village of Clarkston on Sept 5 2012, the provisions of this Ordinance shall take effect 20 days after publication.

Made and passed by the City Council of the City of the Village of Clarkston this 10th day of Dec ., 2012.

Kelly Richter

Published: December 19, 2012 City Clerk

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