CITY OF EAST LANSING, MICHIGAN NOTICE OF ADOPTION ORDINANCE 1530 AN ORDINANCE TO AMEND EAST LANSING CITY CODE THE CITY OF EAST LANSING ORDAINS:

City of East Lansing City Code will be amended as follows:

Chapter 32 – SIGNS

Sec. 32-6. - Signs not requiring a permit.

The following signs shall be excluded from the requirements of this chapter and shall not require annual licenses or permits for construction. Signs regulated under this section shall not be counted towards the total sign area permitted on any premises.

• Any sign, traffic signal, or warning device erected or displayed by any public
• Vehicle-mounted signs which are either painted or permanently attached to a vehicle, provided the vehicle is capable of being legally driven on public streets and may be parked in any one location for no more than ten hours.
• Signs or tablets when cut into a masonry surface or when constructed of bronze or other incombustible material and made an integral part of the building.
• Seasonal decorations and signs placed in the public right-of-way, provided the dates and locations of placement shall be approved by the city manager.
• Signs within parking and access facilities having a surface display area not more than three square feet and not exceeding five feet in height.
• Signs not exceeding one square foot in surface display area and not exceeding three feet in height in the front of and facing parking spaces.
• One double-faced freestanding or wall sign located within a construction zone, with a maximum limit of two signs per premises, subject to the following restrictions:
  1. Signs shall be no more than five feet in
  2. Signs shall not exceed 50 square feet in surface display area and shall be set back at least one foot from the nearest property line.
  3. No sign shall be permitted in any district for more than 30 days after issuance of certificate of occupancy.

• Yard signs not exceeding three and one-half feet in height or 24 square feet in surface display area per sign or72 square feet aggregate surface display area for all such signs in residential areas.
• One freestanding yard sign in a commercial zoning districts that does not exceed 15 square feet in surfacedisplay area per face, nor exceed 14 feet in height, and is set back at least 25 feet from the nearest existing orfuture curbline, or in the absence of the curbs, 25 feet from the nearest edge of the pavement. There shall be a limit of one, double-faced sign per property.
• Signs maintained, established, or required by any federal, state or local agency, by a political subdivisionof the State of Michigan, or by any state or local building
• A single, portable, non-illuminated A-frame sign, displayed by a business only during the hours in which the business is open to the public and located with the sign facing the dominant pedestrian travel patterns; and which is no taller than four feet in height, no more than six square feet in each surface display area; and that does not decrease the width of the walkway to less than five feet unobstructed pathway. Any business located along a state highway must comply with state right-of-way restrictions.
• A wall sign, not to exceed one square foot in size and not directly or indirectly illuminated in a single-family residential neighborhood.
• On a property designated as a local, State, or National historic landmark, there may be up to one double-faced ground sign or one single-faced wall sign on the building, produced specifically for the purpose of recognizing the historic nature of the building or property. Such sign shall be positioned so as not to impact visibility of the structure or any architectural features, shall not be illuminated, and shall be subject to the review and approval of the Historic District Commission. Ground signs shall be set back at least 15 feet from the nearest curbline or edge of roadway, shall comply with clear vision requirements of Section 50-147(2) of City Code, and shall not exceed 16 square feet in size. Wall signs may be placed on the ground floor street-facing facade of the structure and shall not exceed 6 sq. ft. in size.
• Tourist-oriented directional signs provided such signs are otherwise permitted by the Michigan Department of Transportation pursuant to PA 299 of 1996, as amended.
• Temporary window signs located within a construction Surface display area shall not be limited for temporary window signs. There shall be no limit to the number of temporary window signs displayed. No temporary window sign shall be permitted for more than 30 days after issuance of certificate of occupancy.
• Temporary window signs for vacant commercial premises, vacant office and professional premises, or vacant premises located within the D.D.A. district. One or more temporary window sign shall be Temporarywindows signs shall be permitted to cover all available window area during periods of tenant space vacancy. Temporary window signs shall be removed upon occupancy.

ARTICLE III. - SPECIFICATIONS FOR REGULATED SIGNS

Sec. 32-105. - Signs permitted for commercial premises, office and professional premises, or located within the D.D.A. district.

• On all premises used or occupied for commercial purposes there shall be permitted the following signs:

….

• Electronic display Commercial properties shall be allowed one electronic display sign on the premises, subject to the following requirements:
  1. The illumination of the sign shall be limited to a brightness level no greater than the manufacturer's recommended levels and not to exceed 3,000 nits during daylight hours, and shall not exceed 0.3 footcandles over ambient lighting conditions from a half hour before sunset to a half hour after sunriseas measured from the recommended distance.
  2. Measurements shall be done using an illuminance meter at the recommended distance, which varies by sign. The formula to find the measuring distance, in feet, is the square root of the sign area in square feet x 100. Measuring for enforcement purposes shall be performed by an approved third partyfollowing the recommended procedures of ASHRAE 9.4.3. Functional Testing.
  3. The display shall not, or shall not appear to flash, pulse, or portray explosions, fireworks, or flashes of light. The display shall not appear to move toward or away from the viewer, expand or contract, spin, rotate, or twist. The message on the display shall remain in a fixed, static position for a minimum ofeight seconds and shall change by means of a dissolve effect.
  4. All electronic display signs must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient lightconditions to comply with the 3- footcandle requirement.
  5. All electronic display signs in any residentially zoned district or within 150 feet of a residentially zoned district that are directly visible from residential uses shall discontinue the display between the hours of 11:00 p.m. and 6:00 a.m.

Chapter 50 – ZONING ARTICLE I. - IN GENERAL

Sec. 50-5. - Definitions, A through C. 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building height means the vertical distance from the average elevation of the street curb paralleling the front, or if on a street corner, the front and exposed side of the building, to the highest point of the building's roof surface if the roof isflat; to the deck line, if the roof is of the mansard type; or to the average height between the eaves and the ridge if the roof is gable, hip, or gambrel type.

For buildings set back from the street line, this vertical distance shall be taken above the average elevation of the finished grade along the facade of the building which faces the nearest public street, provided the building's distance from the street line is more than the average height of such finished grade above the established curb elevation.

Building height shall not include mechanical equipment, antennas, chimneys or similar devices which are placed on or extend above the roof, nor elevator shaft enclosures, nor solid screen walls or enclosed penthouses constructed on the roof to contain and enclose mechanical equipment or rooftop gardens and recreational facilities provided for residentsor employees of the building which are designed and sufficiently set back from the outer edge of the roof to be inconspicuous.

Building-Mounted Solar Energy Systems is a solar energy system that is attached to a building on a parcel as the principal method of physical support.

Building-Integrated Solar Energy Systems is a solar energy system that is an integral part of a building or structure(rather than a separate device), replacing or substituting for an architectural or structural component of the building orstructure. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

Carport energy system means a solar array that covers a required parking area.

Sec. 50-7. - Definitions, G through M.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ground coverage means that part or percent of lot area included within the outside boundary lines of all buildings and structures located on the lot, including porches, decks, patios, breezeways, balconies, bay windows, paved drives and walks, and other area covered with impervious materials.

Ground-Mounted Solar Energy Systems is a freestanding solar energy system that is not attached, and is separate from, any building on the parcel of land.

Habitable room means a room designed for living and/or sleeping, excluding bathrooms, kitchens, dining areas, closets, hallways, and service areas.

Sec. 50-8. - Definitions, N through R.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Restaurant means all public places where food is cooked, prepared, provided, or served for human consumption.

Roof-Mounted Solar Energy Systems is a solar energy system mounted on racking that is attached to or ballasted on the roof of a building or structure.

Roomer means any person who engages a sleeping room in a roominghouse or other dwelling for which a consideration is given.

Sec. 50-9. - Definitions, S through Z.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Solar energy systems means any equipment or structure used to harness radiant heat and/or light from the sun forheating, cooling, conversion to electricity, or other similar purposes.

• Personal Scale Solar Energy Systems means any equipment or structure used to harness radiant heat and/or light from the sun for heating, cooling, conversion to electricity, or other similar purposes and which the system is anaccessory use to the principal use of the site and where the sale and distribution of excess available energy is incidental to the primary use of the system.
• Utility Scale Solar Energy Systems means a solar energy system or systems installed with its primary purpose beingthe sale of generated energy or excess energy for commercial sale, or its primary end user being a utility company.

State licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and provides residential services for six or fewer persons under 24-hour supervision or care.

ARTICLE II. - ADMINISTRATION AND ENFORCEMENT DIVISION 1. – GENERALLY

Sec. 50-35. - Building permits.

• Before proceeding with the erection, alteration, repair, moving, or removing of any building, or part thereof, an owner or his/her or its authorized agent shall obtain a permit from the building The applicant for a permitmust file with his/her or its request a set of plans and written specifications sufficient to indicate clearly and fully the nature of the

contemplated work and the kind and quality of materials to be used therein, together with an estimate of the cost. Drawings shall be made to scale not less than one-eighth inch equal to one foot, and shall indicate clearly the size of structural members, walls, and openings, the position of the building on the site with reference to property and street lines and adjacent buildings, and such other information as may be necessary to provide for the enforcementof these regulations. It shall be the duty of all lot owners to have located accurately all corners and boundaries of their properties prior to building thereon.

• Permits for or including Solar Energy systems must also include the property’s energy usage over the last 12months, the projected energy output of the installed energy system over a 12-month period, and all other information necessary for the building official to ensure that building, electrical, and safety codes are met.

ARTICLE III. - GENERAL DISTRICT REGULATIONS

Sec. 50-155. - Exterior lighting.

1. Purpose. The purpose of this Section is to provide reasonable regulations to direct the location, design, illumination level and use of outdoor lighting, and interior lighting directed towards the exterior, to minimize its undesirable effects. Specifically, this Section is intended to promote the public health, safety and general welfare of the City of East Lansing by:

1. Maintaining safe night-time driver performance on public streets by minimizing both brightly lit surfaces and lighting glare;
2. Promoting lighting that provides security but protects the privacy of adjacent properties;
3. Allowing lighting that is not unduly intrusive or a nuisance to nearby residents, property occupants, and drivers; and
4. Eliminating intrusive artificial light and lighting that unnecessarily contributes to sky glow and energy consumption.

Exterior lighting in all zoning districts shall be subject to the following requirements:

• Maximum fixture
  1. When adjacent to non-residentially used or zoned properties, exterior light fixtures shall not be mounted higher than 25 feet above grade.
  2. When adjacent to residentially used or zoned properties, exterior light fixtures shall not be mounted higher than 15 feet above grade.
• Cutoff angle of light
  1. All exterior light fixtures, including freestanding, canopy, pole, and building-mounted fixtures, as well as those used for single-family residential homes, shall be fully shielded and directed downward to prevent off-site glareand No portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield, with the exception of pedestrian lighting. Interior light fixtures directed to the exterior of the building shall be subject to this requirement.

1. Canopy mounted light fixtures shall be recessed into the canopy so as to limit visibility from surrounding properties or the public right-of-way.
2. No lenses, lamps, or light sources shall be visible at the property
3. The planning and zoning administrator may approve decorative light fixtures as an alternative to shielded fixtures when it can be demonstrated that there shall be no off- site glare or illumination and the proposed fixtures will improve the appearance of the

• Lighting intended to illuminate building facades shall be directed entirely at the building, with the cutoff angle designed to prevent light from spilling directly into the sky.
• The intensity of light within a site shall not exceed ten (10) footcandles within any part of the site and one (1) footcandle at any lot line, except where it abuts or faces a Residential Zone District or residential use, a maximum of 0.5 footcandles is permitted. For vehicle fuel stations or outdoor vehicle sales areas, a maximum of twenty (20) footcandles may be approved on the site, subject to the requirements of Section 50-155(2)c. of this chapter.
• To maintain uniformity in light levels across a development and prevent or minimize dark areas, the ratio of maximum to minimum lighting levels on a given lot is measured in footcandles at ground level, and shall not exceed a ratio of fifteen-to-one (15:1). Parking lots shall maintain the same uniformity ratios as the main building or principal use served.

Sec. 50-156. - Alternative energy generation systems.

• Solar energy systems (SES).
  1. Personal-scale solar energy systems shall be permitted in all zoning districts, subject to approval in section 50-35 of this chapter and the standards of the zoning district where they are being installed.
  2. All solar panels shall be constructed of non-reflective
  3. Ground-mounted solar energy systems shall be permitted subject to approval under section 50-35 of this chapter and the following requirements:
     1. No part of the system shall exceed fifteen feet at the highest point, measured from the ground to the top of the system when oriented at maximum tilt.
     2. Systems in the rear and side yards shall be set back half the distance of the accessory building setback for the zoning district in which the system is located.

• No installation shall occur in the front yard of any lot unless approved as a special use in accordance with the procedures and requirements of Sections 50-93 and 50-94 of this chapter.

1. If the area under the system is planted with native grasses or ground cover, a pollinator garden, rain garden,or other landscape materials approved by the planning and zoning administrator, the system shall not count against ground coverage requirements. Gravel or stone shall not be permitted.
2. Ground-mounted SES shall be screened from adjacent residential properties by landscaping, vegetation, fencing, or any combination thereof.

1. Roof-mounted solar energy systems shall be permitted subject to approval under section 50-35 of this chapter and the following requirement:
   1. Roof-mounted solar energy systems may not exceed the allowable height limit of the zone district by more than eighteen (18) inches.

1. Wall-mounted solar energy systems shall be permitted subject to approval under section 50-35 of this chapter and the following requirement:
   1. The system may project into a required rear or side yard up to half of the distance of the required setback. Systems proposed for front façade walls are prohibited unless approved as a special use in accordance with the procedures and requirements of Sections 50-93 and 50-94 of this chapter.
2. Building-integrated solar energy systems shall be permitted subject to approval under section 50-35 of this chapter.

• Utility-scale solar
  36. Utility-scale solar systems shall be permitted in the RA, Residential Agricultural district or C, CommunityFacilities district only, subject to approval of a site plan under section 50-36.
  37. A minimum of three acres shall be required for any utility-scale solar system
  38. All systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. Landscape screening shall be provided at the edge ofthe property, as necessary, to further prevent glare that cannot be eliminated through design and location.
  39. If the area under any ground mounted system is planted with grasses or other landscape materials, the system shall not count against ground coverage requirements. Gravel or stone shall not be permitted.
  40. No part of the system shall exceed 20 feet in height at the highest
  41. All roads and access facilities shall be paved in accordance with the standards in section 50-816.

• Energy storage systems of any size shall be subject to local building and fire code

Marie Wicks

East Lansing City Clerk

CP#24-529