Public Notice: Independence Township Ordinance No. 2021-50-001

NOTICE IS HEREBY GIVEN that at its regular meeting on March 16, 2021, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI 48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of an Amendment to the Township’s Code of Ordinances, Chapter 50, “Article 2, “Definitions,” Section 2.02, “Definitions,” and to replace Article 12, “Signs”, in its entirety.
The following is a summary as prepared by Daniel J. Kelly, Charter Township of Independence Attorney of Ordinance No. 2021-50-001 as adopted on March 16, 2021. It is the purpose of this Ordinance to address within the Township, pursuant to the Township’s police power to protect the health, safety, and general welfare of the citizens of the Township.
A true copy of the Ordinance is on file and available for viewing between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE NO. 2021-50-001
ORDINANCE AMENDING ZONING ORDINANCE
(Text Amendments to Zoning Ordinance)
Section 1 of Ordinance
ARTICLE II. – DEFINITIONS
Sec. 2.02 – Definitions.
Definitions- provides the meaning of integral words and phrases in the ordinance.
Section 2 of Ordinance
ARTICLE XII. – SIGNS
Sec. 12.01-12.02 – General Provisions
Sec. 12.01-12.02 states the general purpose and intent of the ordinance, including: municipal interest in regulating signs; applicability; measurement of surface area of sign; safety issues; types of signs prohibited in all districts; signs permitted in all districts without a permit.
Sec. 12.03 – SD Sign Overlay Districts
Sec. 12.03 establishes certain sign overlay districts for the sole purpose of regulating signage. Such standards and requirements are in addition to and supplement all other regulations under Article 12.
Sec. 12.04-12.06 – Permitted Ground Signs, Permitted Wall Signs, Permitted Misc. Signs
Sec. 12.04-12.06 states general requirements for permitted Ground Signs; General requirements for permitted wall signs; and permitted miscellaneous signs including permitted interior window signs, permitted projecting signs, business, office, and industrial park signs, manual changeable copy signs, and electronic messaging signs, motor vehicle service station signs, billboards, and drive through accessory signs.
Sec. 12.07 – Permitted Temporary Signs
Sec. 12.07 states the permits required for temporary signs; addresses allowable height and setback for temporary ground signs and temporary wall signs; and sets forth standards for all temporary signs.
Sec. 12.08 – Sign Illumination
Sec. 12.08 addresses general standards for sign illumination and electronic messaging sign measurement criteria.
Sec. 12.09 – Administration
Sec. 12.09 addresses final site plan review, including the requirement for a final sit plan review to include a comprehensive site plan; requirement that a person or developer granted approval for a PUD only erect signs consistent with the approved PUD Agreement; and Permitting procedure for signs.
Sec. 12.10 – Non-conforming and Abandoned Signs
Sec. 12.10-12.11 addresses regulation of non-conforming signs and abandoned signs within the Township; Effect of passage of Ordinance.
Sec. 12.11 –Effect
A. Repealer.
All ordinances or parts of ordinances or sections of the Charter Township of Independence Code of Ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect.
B. Severability.
If any section, subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.
C. Savings.
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 in force when they were commenced.
D. Effective date.
The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.
E. Enactment.
This ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on March 16, 2021 and ordered to be given publication in the manner prescribed by law.
Ayes: Brown, Nallamothu, Ritchie, Kittle, Neubeck, Loughrin, Aliaga
Nays: None
Abstentions: None
Absent: None
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the sixteenth day of March 2021, the original of which is on file in my office.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Cari J Neubeck, Clerk
Introduced: May 19, 2020; June 2, 2020;
February 2, 2021
Published: June 10, 2020-Clarkston News
Published: February 10, 2021-Clarkston News
Adopted: March 16, 2021
Fees Adopted: March 16, 2021
Published: March 24, 2021-Clarkston News
Effective: April 1, 2021

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