Standards for Murals. (
§ 7.6: Murals.)
A. Permission of Owner. If the owner of the building or structure on which the mural is placed is not the occupant of such building or structure, the person who leases or otherwise has the right to occupy such building or structure shall obtain the prior written permission of the owner to place the mural on the building or structure. Such lessee or other person with the right of occupancy shall provide a copy of the letter to the City Planner if requested.
B. Permit Required. A mural that is produced off-site and affixed in a structurally sound and workmanlike manner on the exterior wall and that is larger than 200 square feet shall require a permit under the provisions of
§ A-8.3I, Sign Permit.
C. Windows, Doors and Other Architectural Features. No mural shall obstruct any window, door or architectural feature of the exterior wall on which the mural is placed.
D. Additional Standards. Murals more than 1,000 square feet shall also comply with these additional standards:
(1) The person who commissioned or who has a proprietary interest in a mural that is produced off-site and affixed in a structurally sound and workmanlike manner and the owner, lessee or person having the right to occupy the building or structure on which such mural is placed shall maintain public liability insurance of not less than $1,000,000 and list the City, its employees, Commissioners and officials as additional insureds. A certificate of such insurance shall be provided with the application for a permit and annually thereafter. Failure to maintain such insurance shall result in a revocation of the permit to allow such mural and shall further require the prompt removal of the mural. If not removed within 30 days, the City shall have the right to remove the mural and place a lien against the real property (enforced in the same manner as delinquent property taxes) for the cost incurred in removing the mural if such costs are not paid prior to when delinquent taxes are turned into the County of Kalamazoo.
Variations to On-Premises Signs in Nonresidential Districts (
§ A-7.3B.4).
In the case of proposed development in the P, IC, or PUD-O zone districts, the decisionmaking body responsible for approval of the site plan, Institutional Master Plan, or PUD Plan, as applicable, may approve modifications to the standards in
§ A-7.3B.3 (Table 7.3-2), provided that (a) no such modification has the effect of increasing the number of signs, the total sign area, or the height of any sign by more than 25%, and (b) any such modification shall meet the same standards for approval applicable to the proposed development as a whole.
Encroachment Permits for Marquee, Canopy or Awning Signs. (
§ A-7.2F)
An encroachment permit is required for all marquee, canopy, or awnings extending over a public right-of-way. Marquee, canopy or awning signs may be located on a building marquee, canopy or awning that is located over a sidewalk located in the public ROW, provided the marquee, canopy or awning does not extend more than eight feet over the ROW, is closer than three feet to the curbline, and is not less than eight feet, at its lowest point, above sidewalk level. In no event shall a marquee sign extend above the peak of the roof of the building to which it is affixed.
Change to the Face of Nonconforming Sign (
§ A-9.5C)
The owner of a nonconforming sign may change the face of a nonconforming sign if the owner enters into an agreement with the City that complies with the following requirements. For the purposes of this subsection, the "face of a nonconforming sign" is defined as the area of the sign that displays the name, identification, description, illustration, business or solicitation (it does not include any portion of the structural support of the sign or changeable copy area):
1. Removal of sign within five years. That states that in exchange for the opportunity to change the face of the sign, the entire nonconforming sign, which includes the face and structure, shall be removed within five years of entering into the agreement.
2. Owner(s) pay for removal. The owner of the sign and/or the owner of the land on which the sign is located will pay for removal of the sign.
3. No variance. The owner of the sign and the owner of the land on which the sign is located waives the right to request a variance from the Zoning Board of Appeals so that the sign can remain after five years.
4. Agreement runs with land. The agreement shall run with the land and become binding on any subsequent owners of the sign or owners of the land on which the sign is located.
5. Future sign comply with this Ordinance Any future sign constructed to replace the sign (if it is appropriate), shall comply with the requirements of
Chapter 7: Signs.
6. Recording. The agreement shall be recorded with the Register of Deeds by the owner of the sign within 30 days of the execution of the agreement, or the agreement shall be null and void.
7. Lien. A lien in the amount of 150% of the estimated cost of removing the sign shall be placed against the land on which the sign is located and any structure on the land on which the sign is located five years from the date of the execution of the agreement, and shall remain effective until the sign is removed.