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Signs

Ordinance No. 14 of 1997

AN ORDINANCE TO REPEAL ORDINANCE NO. 12 OF 1988, AS AMENDED, TO REGULATE THE TYPE, NUMBER, PLACEMENT, MANNER AND PHYSICAL DIMENSIONS OF SIGNS IN CASCADE CHARTER TOWNSHIP.

The Cascade Charter Township Board Ordains:

CHAPTER 1. TITLE.

This Ordinance shall be known and may be cited as the "Cascade Charter Township Sign Ordinance."

CHAPTER 2. PURPOSE.

The intent of this Ordinance is to regulate the type, number, physical dimensions, erection, placement and maintenance of signs in Cascade Charter Township. The purpose of the limitations, regulations, and standards established herein is to:

1. Promote the public peace, health, and safety of residents and visitors;

2. Protect the natural beauty and distinctive character of Cascade Charter Township;

3. Protect commercial districts from visual chaos and clutter;

4. Provide an environment which fosters growth and development of business;

5. Protect property values;

6. Eliminate distractions which are hazardous to motorists and pedestrians;

7. Protect the public's ability to identify establishments and premises; and

8. Protect the public's interest in public buildings, public streets, roads and highways and open spaces.

9. Balancing the individual rights of property owners to communicate their message with the public's right to be free of unreasonable distractions and aesthetic intrusions.

CHAPTER 3. SCOPE.

Except as otherwise expressly provided herein, this Ordinance shall not relate building design. Nor shall the Ordinance regulate official traffic or government signs; the content of signs; signs not intended visible from public roads or off of the property where the sign is located; scoreboards at athletic fields; gravestones; barber poles under three (3) feet in height; religious symbols; commemorative plaques; the display of street numbers or names; or any display structure or construction not defined herein as a sign.

CHAPTER 4. DEFINITIONS.

For the purpose of this Ordinance the following words or phrases are defined as follows:

Abandoned Sign - A sign which no longer identifies or advertises a currently operating business, lessee, service, owner, product, or activity, and/or for which no legal owner can be found.

Administrator - The Planning Director, or his assigns, for Cascade Charter Township.

Advertising Display Area - The advertising display surface area (copy area) encompassed within any regular geometric figure which would enclose all or part of the sign. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the advertising area.

Air-filled or Gas-filled Balloon Sign - A sign which is made of a nonporous bag of tough light material filled with heated air or a gas lighter than air used to convey advertising copy or announce a special event on a temporary basis.

Airport Entry Sign – A sign identifying or recognizing an entry point into the airport, air cargo facility or airport viewing area.

Animated Sign - A sign which uses movement or change of lighting to depict action or to create a special effect or scene. (Compare with "Flashing Sign").

Awning - A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (Compare with "Marquee").

Awning/Canopy Sign - Letters, numerals or other drawings painted on, printed on, or attached flat against the surface of an awning/canopy.

Banner Sign - A sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or business and seasonal decorations that do not contain any advertising copy placed on light or utility poles shall not be considered banners for the purpose of this Ordinance.

Beacon - Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

Bench Sign - A sign located on any part of the surface of a bench or seat placed on or adjacent to a right-of-way.

Billboard - A sign which advertises an establishment, service, merchandise, use, entertainment, activity, produce or message which is not conducted, sold, produced, manufactured or furnished upon the parcel or lot where the sign is located.

Changeable Copy Sign - A sign upon which a display or message can be changed once a day by physical replacement of the display or message or electronic change of the message not more than once per 24 hours.

Clearance (of a Sign) - The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Commercial Establishment - A separate business or commercial operation. Examples of a "commercial establishment" in various contexts would include, without limiting, the following:

A business operating independent of any other business located in a free-standing building, in a strip mall, a business completely separated from other businesses by walls from the ground up and with a door which may regularly be used by the public for exclusive ingress and egress to that business; and in an enclosed structure with a shared climate controlled area, a business completely separated from other businesses by walls from the ground up and with a door or entrance which may regularly be used by the public for exclusive ingress and egress to that business and which may be closed to the public even while the common area is open to the public; and, in an office building, a business holding itself out to the public as a single entity, independent of other businesses or persons.

Commercial Message - Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Construction Sign - A sign which displays the name or names of principal contractors, architects and lending institutions and/or others responsible for the construction on the site where the sign is placed.

Copy - The wording on a sign surface in either permanent or removable letter form.

Development/Building Identification Sign - A sign which identifies a development or building by its recognized name, not including a product or service.

Directional Sign - A sign providing directions for vehicular or pedestrian circulation into or out of a development. A directional sign shall not contain advertising display copy and shall be located on the property where the sign is located.

Directory Sign - A sign which displays the names and locations of occupants or the use of a building.

Facade - The entire building front including the parapet.

Face of Sign - The area of a sign on which the copy or display is placed.

Festoons - A string of ribbons, tinsel, flags, pennants or pinwheels.

Flag - Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government or political subdivision.

Flashing Sign - A sign which contains an intermittent or sequential flashing light source used to attract attention. This does not include changeable copy signs, animated signs, as defined in this Ordinance, or signs which through reflection or other means, create an illusion of flashing of intermittent light. (Compare with "Animated Sign" and "Changeable Copy Sign").

Freestanding Sign - A sign structurally separated from a building.

Government Sign - A sign erected and maintained by Cascade Charter Township, the county, state, or federal government.

Height (of a Sign) - The vertical distance measured from the highest point of the sign, including any decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever ground elevation is less (Compare with "Clearance").

Illegal Sign - A sign which does not meet the requirements of this Ordinance and which has not received legal nonconforming status.

Illuminated Sign - A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Incidental Sign - A sign, emblem, or decal informing the public of the goods, facilities, or services available on the premises, whose purpose is secondary to the use of the zone lot. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Lot - A plot or parcel of land having frontage and access upon a public street or approved private street whether or not the plot or parcel is part of a recorded plat.

Maintenance - The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Mansard - A sloped roof or roof-like facade architecturally comparable to a building wall.

Marquee - A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (Compare with "Awning").

Marquee Sign - A sign attached to or supported by a marquee structure.

Municipal Sign – A permanent sign erected and maintained by Cascade Charter Township identifying entrances into the community or a defined district. (Amended by Ord. No. 13 of 2000)

Nameplate - A nonelectric on-premise sign giving only the name, address, and/or occupation of an occupant or group of occupants.

Nonconforming Sign - A sign which was legally erected prior to this Ordinance but which does not conform to this Ordinance.

Occupancy - The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.

Off-Premise Sign - Another word for a billboard.

On-Premise Sign - A sign which pertains to the use of the premises on which it is located.

Painted Wall Sign - A sign which is applied with paint or similar substance on the face of a wall.

Parapet - The extension of a false front or wall above a roofline.

Pennant - Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permanent Sign - A sign which is permanently affixed into the ground or a building and meets the requirements of a structure under the BOCA Building Code or its successor code.

Person - An individual, corporation, association, firm, partnership, company or organization, singular or plural, of any kind.

Point-of-Sale Sign - A sign which carries only the name of the firm, major enterprise, or products offered for sale on the premises.

Pole Cover - A material which encloses or decorates a pole or other structural support of a sign.

Portable Sign - A reusable and movable sign not permanently affixed in the ground, a structure or building.

Projecting Sign - A sign which is attached to and projects from a wall or other structure not specifically designed to support the sign.

Real Estate Sign - A sign advertising the real estate upon which the sign is located for the purpose of offering the property for sale, lease or rent.

Roofline - The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Roof Sign - A sign erected or constructed wholly upon or over the roof of a building and supported on the roof structure.

Rotating Sign - A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.

Setback - The distance from the property line or right-of-way line, whichever is more restrictive, to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line or right-of-way line.

Sexually Graphic Sign - Any sign containing any photograph, silhouette, drawing, or pictorial representation or description of any specified anatomical area or specified sexual activities as those terms are defined in the Township Zoning Ordinance.

(This definition added by Ord. #4 of 2001)

Sign - A device, structure, painting, fixture, or placard using color, graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any event, establishment, product, good, service or displaying or depicting other information.

Sign Area - The area shall be measured within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message, together with any frame or other material or color forming an integral part of the display, message, drawing or similar device, or used to differentiate same from the background against which it is placed, excluding the necessary supports, braces or uprights of the sign.

Sign Owner - A person who owns a sign is the sign owner. The owner of the premises upon which a sign is located is presumed to be the owner of the sign, unless facts showing that someone else is the owner are submitted to the Administrator.

Snipe Sign - A sign that is attached to a utility pole, tree, fence, or any object located or situated on public or private property.

Street Banner Sign - A sign which is stretched across and hung over a right-of-way.

Street Frontage - The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distance lot line intersecting the same street.

Subdivision Identification Sign - A sign identifying or recognizing a platted subdivision, condominium complex, industrial or residential development.

Temporary Sign - Any sign that is used only temporarily and is not permanently mounted which is to be in place for a period of time not to exceed one year.

Under-Canopy Sign - A sign suspended beneath a canopy, ceiling, roof, or marquee.

Use - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Vehicle Sign - A sign painted on, incorporated in, or attached directly to any mode of transportation, including but not limited to automobiles, trucks, boats or airplanes.

Wall Sign - A sign including painted, individual letter, and cabinet signs, and signs on a mansard which are attached parallel to and extending not more than fifteen (15) inches from the wall of a building.

Window Sign - A sign placed inside or upon a window facing the outside which is intended to be seen from the right-of- way or the outdoors.

Zone lot - A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations of the Cascade Charter Township Zoning Ordinance, as amended.

It shall be unlawful for any person to erect, place, or maintain a sign in Cascade Charter Township except in accordance with the provisions of this Ordinance.

Section 5.01 - Signs Prohibited.

The following types of signs are prohibited in all zoning districts:

1. Abandoned signs.

2. Air-filled or gas-filled balloon signs.

3. Animated signs.

4. Banner signs, except as expressly permitted by this Ordinance.

5. Bench signs.

6. Festoons

7. Pennants

8. Portable signs.

9. Rotating signs.

10. Signs imitating or resembling official traffic or government signs or signals.

11. Snipe signs.

12. Vehicles signs not used during the normal course of business which are parked or located for the primary purpose of displaying the advertising copy.

13. Roof Signs

14. Temporary signs

15. Sexually Graphic signs

Section 5.02 - Permits Required

Unless otherwise provided by this Ordinance, all signs shall require permits and payment of fees as described in Chapter 9 of this Ordinance. No sign shall be installed or utilized until and unless a permit has been issued by the Township. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.

Section 5.03 - Signs Not Requiring Permits

(Amended by Ord. No. 13 of 2000)

The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this Ordinance:

1. Construction signs of five (5) square feet or less.

2. On-premise directional signs of two (2) square feet or less.

3. Holiday decorations.

4. Non-commercial signs

Section 5.04 - Maintenance

All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective or damaged parts shall be replaced. The Building Inspector shall have the right under Section 9.09, as amended, to order the repair or removal of any sign which is unsafe, as defined by the BOCA Building Code or its successor code.

Section 5.05 - Lighting

Unless otherwise specified by this Ordinance, all signs may be illuminated. Unless a different light source is permitted by the Township Planning Director, low pressure sodium lighting may be used as a light source to minimize light emission. No sign regulated by this Ordinance may utilize:

(* For the purpose of this Ordinance, quartz lamps shall not be considered an incandescent light source.)

Metal halide lighting, fluorescent lighting and quartz lighting may be used for outdoor advertising signs but shall be installed in enclosed luminaries.

Glass tubes filled with Neon, Argon or Krypton may be used provided they do not flash intermittently or create a visual effect of movement.

Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure whenever practical or mounted so that no light rays are emitted by the installed fixture at angles above the sign's highest horizontal plane.

The operating of lighting fixtures on or in signs from midnight to sunrise is prohibited unless the premises is open for business.

No sign may be illuminated by flashing, oscillating or intermittent lighting.

Section 5.06. Required Sign Setbacks for all Zoning Districts

a. No sign shall be placed in a location where it causes a hazard to vehicular or pedestrian traffic by depriving the driver or pedestrian of a clear and unobstructed view of approaching, intersecting or merging traffic.

b. Municipal Signs may be allowed in the public right-of-way with the approval from the appropriate governmental agency or on private property with the approval from the property owner. (Amended by Ord. No. 13 of 2000)

c. Development/Building Identification signs and Subdivision Identification signs may be placed in boulevard median strips if approved by the Kent County Road Commission and Cascade Charter Township as part of a Planned Unit Development.

d. All permanent signs shall be setback a minimum of twenty-five (25) feet from any lot line, with the following exceptions:

1) Directional signs may be located adjacent to a lot line.

2) Subdivision Identification signs may be located a minimum of 25 feet from the pavement of the adjacent roadway(s) and in any event, no closer than five (5) feet to any lot line(s).

3) Ground mounted signs in the B1 zoning district shall be setback in accordance with Section 6.03 and Table 6.03(a) of this ordinance.

e. Subdivision Identification signs, Development/ Building Identification signs and Municipal signs shall be ground mounted and shall not exceed five (5) feet in height. (Amended by Ord. No. 13 of 2000)

Section 5.07 Sign height and overhang

1. A wall sign shall not project beyond the ends of the wall to which it is attached;

2. A wall sign shall not extend beyond the window sills of the floor above, the top of the wall to which it is attached, or twenty (20) feet above the finished grade at the building wall, whichever is lowest;

3. A sign shall not project into the public right-of-way of any adjacent street.

4. A freestanding sign, shall not exceed the sign height restriction allowed in the applicable zoning district, as found in this Ordinance. No sign shall create an obstructed view of approaching traffic;

Section 5.08 - Landscaping

The base treatment for a freestanding sign shall be landscaped with low maintenance plants. Such landscaping may be placed in stone, masonry or treated wood bases or containers to achieve a pleasant aesthetic arrangement.

Section 5.09. Sign Contractor's Registration

No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without being a registered contractor with Cascade Charter Township.

Section 6.01. Signs Permitted in All Zoning Districts

Section 6.02. Signs Permitted In The "ARC", "R-1" and "R-2" Zoning Districts.

Section 6.03 - Signs Permitted In The "B-1" and "O" Zoning Districts

The following signs are allowed in the "B-1" and "O" zoning districts.

1. All signs permitted in Section 6.01 of this Ordinance.

2 . One (1) freestanding permanent sign per zone lot. Regardless of the number of businesses, commercial establishments, buildings or tenants per lot, only one (1) such sign shall be permitted per lot and such sign shall not exceed a total sign area of 24 square feet unless it is in compliance with Table 6.03A below.

TABLE 6.03A

Setback (feet) Sign Area (square feet) Height (feet)   5 24 4     10 30 5     15 40 5.5     20 50 6     25+ 60 7

Note: F OR SETBACKS DIFFERENT THAN THOSE LISTED ABOVE, SELECT THE SIGN AREA AND HEIGHT THAT CORRESPONDS TO THE NEXT LOWER SETBACK.

3. One of the following wall signs are permitted:

a. One (1) wall sign or marquee per building not to exceed fifty (50) square feet in total sign area; or

b. One (1) awning/canopy sign per building, not to exceed thirty-two (32) square feet in total sign area; or

c. In the event the building has multiple commercial establishments, each commercial establishment's space will be permitted a sign area equal to one square foot for each lineal foot of building frontage (i.e., building frontage on the ground for the front of the building) that each respective commercial establishment occupies, not to exceed a sign length of more than two-thirds of the subject frontage.

4. Window signs or displays, provided permanent window sign(s) shall not cover more than twenty-five (25) percent of the total window surface and temporary window signs shall not cover more than fifteen (15) percent of the total window surface.

5. One (1) directory wall sign per building, not to exceed twenty (20) square feet in total sign area.

6. Banners, seasonal and decorative in nature and theme that do not advertise a product, service or business and which pertain to holidays and/or community-wide or governmental events. Banner must be attached to light or utility poles.

7. Directional signs up to two (2) square feet in sign area. Each zone lot or development shall not have more than two (2) directional signs.

8. Flags of any nation, state, or entity provided they do not exceed thirty-two (32) square feet in area. A zone lot will be limited to three (3) Flags. Flag pole height may not exceed the height restrictions for the zoning district as found in the Zoning Ordinance.

Section 6.04. Signs Permitted In The "B-2" and "ES" Zoning Districts.

Section 6.05. Signs Permitted In The "I" Zoning District.

Section 6.06. Signs Permitted In The "AC" Zoning District.

CHAPTER 7. NONCONFORMING SIGNS

Section 7.01. Determination of Legal Nonconformity

Section 7.02. Loss of Legal Nonconforming Status

If a sign loses its legal non-conforming designation or status, the sign (and all portions thereof) shall be removed immediately and shall not be repaired, replaced or rebuilt unless it fully complies with all requirements of this ordinance and the Cascade Township Zoning Ordinance, as amended. A legal non-conforming sign shall lose its lawful non-conforming designation and status if the Zoning Administrator determines that any of the following is applicable:

If a sign is destroyed, Section 7.03 hereof (which applies only to repairs and maintenance) shall not be applicable.

Section 7.03. Maintenance and Repair of Legal Non-Conforming Signs

This section shall not apply if a legal non-conforming sign has been destroyed, since a destroyed sign automatically loses its legal non-conforming designation and status. If a legal non-conforming sign suffers 50% or more damage or deterioration, it must be brought into full compliance with this Ordinance or be removed. In order to determine whether or not a sign has been damaged or has deteriorated by 50% or more, the costs of physically repairing the sign shall be compared to the costs of physically replacing the sign. If less than 50% damage or deterioration has occurred pursuant to such comparison, the sign may be repaired to its exact original state.

Section 8.01. Compliance with Building and Electrical Codes

All signs shall be constructed in accordance with the requirements of the BOCA Building Code and the National Electrical Code, as amended from time to time.

Section 8.02. Anchoring

Section 8.03. Wind Loads

Section 8.04. Additional Construction Specifications

Section 9.01. Sign Ordinance Administrator

The Administrator shall be appointed by the Township Board and is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this Ordinance, both in letter and in spirit.

The Building Inspector is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the Township for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.

Section 9.02 - Application for Permits

Application for a permit for the erection, alteration, or relocation of a sign shall be made to the Administrator upon a form provided by the Administrator and shall include the following information:

Section 9.03 - Permit Fees

An application for a permit filed with the Administrator shall be accompanied by the payment of a fee, which shall be in accordance with the fee schedule adopted from time to time by resolution of the Township Board.

Section 9.04 - Issuance and Denial

The Administrator shall issue a permit for the erection, alteration, or relocation of a sign within thirty (30) days of receipt of a valid and complete application and permit fee, provided that the sign complies with all applicable laws and regulations of the Township. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

When a permit is denied by the Administrator, he/she shall give a written notice within seven (7) days to the applicant along with a brief statement of the reasons for denial. The Administrator may suspend or revoke an issued permit for a false statement or misrepresentation of fact in the application.

Section 9.05 -Permit Conditions, Refunds, and Penalties

If a permit is denied, the permit fee (less administrative expenses) will be refunded to the applicant within seven (7) days of the denial.

If no inspections have been made and no work authorized by the permit has been performed, one-half (1/2) of the permit fee may be refunded to the applicant upon request upon return of the permit to the Administrator within 30 days of issuance.

A permit issued by the Administrator becomes null and void if work is not commenced within 120 days of issuance. If work authorized by the permit is suspended or abandoned for 120 days, the permit must be renewed with an additional payment of one-half of the original fee.

If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this Ordinance.

Section 9.06 - Inspection Upon Completion

Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Building Inspector upon completion of the work. The Building Inspector may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs.

The Administrator, or Building Inspector, may require in writing upon issuance of a permit that he/she be notified for inspection prior to the installation of certain signs.

Section 9.07 - Variances

In obtaining a permit, the applicant may apply to the Administrator for a variance from certain requirements of this Ordinance. A variance may be granted by the Zoning Board of Appeals where the literal application of the Ordinance would create a GENUINE hardship for the sign user and the following criteria are met:

In granting a variance, the Zoning Board of Appeals may attach additional requirements necessary to carry out the spirit and purpose of this Ordinance in the public interest.

A decision rendered by the Zoning Board of Appeals with respect to any sign variance request may be appealed to the Township Board by any person or persons aggrieved by such decision within ten (10) calendar days of the date on which the contested decision was rendered. Such appeal shall be made in writing to the Planning Director, who shall, upon receipt of the appeal, provide notice of a second public hearing pursuant to the procedures outlined in this Ordinance except that such notice shall specify that the hearing is to be held before the Township Board. A decision rendered by the Township Board shall be final unless such decision is reversed or modified by a court of competent jurisdiction.

Section 9.08 - Re-submission of Application for a variance request

No application for a Sign Ordinance variance shall be submitted to the Township or be formally considered by a Township board or any official (i.e. Zoning Board of Appeals or Planning Director) where such application has been previously denied or turned down by the Township unless the Township determines that either one (1) year has passed since the prior application was denied or the new application or project is substantially changed from the prior one. With regard to whether or not substantial changes have occurred since the prior application was denied, the Planning Director shall make the determination in the first instance. If the applicant disagrees with the Planning Director's determination, the applicant shall have thirty (30) days to appeal the Planning Director's determination to the zoning board of appeals. In determining whether substantial changes have occurred, the Planning Director (or on appeal, the Zoning Board of Appeals) shall consider:

a. Whether the application has been substantially modified from the earlier one;

b. Whether external conditions or circumstances have changed significantly so as to warrant a reconsideration of the application; or

c. Whether new and material evidence has been discovered which would justify a reconsideration of the application or project and the failure to present such evidence at the first consideration was not the fault of the applicant.

Section 9.09 - Removal of Signs by the Administrator

If, upon inspection, the Administrator or Building Inspector finds that a sign is abandoned or structurally, materially or electrically defective, violates this Ordinance or in any way endangers the public, the Administrator or Building Inspector shall issue a written request to the sign owner and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within 30 days of the date of the request. The request shall specify those sections of the Ordinance in violation and shall state that the alleged violation must be corrected or the decision must be appealed to the Zoning Board of Appeals.

The Administrator or Building Inspector may cause the removal of an illegal sign in cases of emergency, or for failure to comply with a written request for removal or repair. In cases of emergency, the Administrator or Building Inspector may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as provided in the BOCA Building Code.

After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Administrator together with an additional twenty (20) percent for inspection and incidental costs.

If the amount specified in the notice is not paid within ninety (90) days of the notice, it shall become a lien against the property of the sign owner (unless the sign owner does not own the premises upon which the sign is located), and will be certified as an assessment against the property.

For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.

Section 9.10: Enforcement Procedures and Penalties

Section 10.01 - Severability

The provisions of this Ordinance are severable and it is the intention of the Cascade Charter Township Board to confer the whole or any part of the powers herein provided. If any of the provisions of this Ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent of the Township Board that this Ordinance would have been adopted had such unconstitutional provisions not be included therein.

Section 10.02 - Conflict with Other Ordinances

Section 10.03 - Codification

CHAPTER 12. EFFECTIVE DATE

This Ordinance shall become effective upon publication of this ordinance or a summary thereof which first appears in the newspaper after the date of adoption.

The foregoing Ordinance was offered by Member Goodyke, supported by Member Johnson, the vote being as follows:

YEAS: Carpenter, Goodyke, Johnson, Julien, Kleinheksel, Timmons

NAYS: None

ABSENT: Van Strien

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