[HISTORY: Adopted by the Common Council of the City of Jefferson 5-20-2008 by Ord. No. 6-08. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 294.
Zoning — See Ch. 300.
It is declared that the regulation of signs within the City is necessary and in the public interest to:
A. 
Protect property values within the City;
B. 
Preserve the beauty and the unique character of the City by aesthetically complementing the development which a sign identifies;
C. 
Promote a healthy and properly designed business environment;
D. 
Safeguard the general public from damage and injury which may be caused by the faulty and uncontrolled construction of signs within the City;
E. 
Protect against hazards to vehicular traffic movement through improper placement of signs; and
F. 
Promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the City.
A. 
It shall be illegal for a sign to be erected, constructed, repaired, altered, located, maintained, or in any manner the message thereon changed, in the City except as provided in this chapter.
B. 
All new signs constructed or maintained contrary to the provisions of this chapter are declared to be illegal.
C. 
Any person or entity violating any provisions of this chapter or failing to comply with any orders or regulations made hereunder shall be subject to the penalties hereof and those otherwise provided by law.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED SIGN
A sign located on a property which becomes vacant and is unoccupied for a period of 60 days or more; any sign which pertains to a time, event or purpose which no longer applies; or a sign which no longer directs attention to a business, activity or service offered or product sold on the premises.
AREA OF SIGN
That area enclosed by one continuous line, connecting the extreme limits or edges of writing, representation or similar figures or characters, together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed on a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any point. This area does not include the main supporting sign structure, but other ornamental attachments are to be included in determining area of sign.
AWNING SIGN
A fireproof space frame structure with translucent, flexible, reinforced vinyl or similar covering designed in awning form, but whose principal purpose and use is signage. Such signs may be internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes.
BANNER SIGN
Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic, fabric or similar flexible material of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be regulated as banner signs for the purpose of this chapter.
BUILDING FRONT FOOT
The maximum building width measured at grade on a straight line parallel to the street on which the building is addressed.
BUSINESS FRONT FOOT
The lineal distance of the building space occupied by the particular business measured on a straight line parallel to the street. Where a business does not parallel a street, the front foot shall be measured along the exterior of the building space occupied by the particular business.
CHANGEABLE COPY SIGN
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
COMMISSION
The Plan Commission of the City of Jefferson.
CONTRACTOR SIGN
Any sign giving the name or names of principal contractors, subcontractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other pertinent information included thereon. (See § 292-11E.)
DEVELOPMENT SIGN
Any sign used to identify future residential or nonresidential development or such a development under construction. (See § 292-11).
ELECTRONIC MESSAGE BOARD
A type of changeable copy sign whose message or display is presented with patterns of lights or other means that may be changed at intermittent intervals by an electronic process.
FASCIA
A parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building.
FLAG
"Banner sign," as defined above.
FREESTANDING SIGN
Any sign which is supported by structures or supports in or upon the ground and independent from any building.
GRAND OPENING SIGN
A sign which calls attention to a new business or the announcement of a change in ownership of a business.
HEIGHT OF SIGN
The overall height of a sign and/or the supporting structure of a sign, where applicable, measured from the nearest adjacent road grade at the edge of the pavement to the highest point of the sign and/or supporting structure of the sign.
HOLDERS OF PERMIT
Collectively, the owner(s) of the premises on which a sign is located and the lessee(s) of the premises to which such sign pertains, all of whom must sign the application for a sign permit. (See § 292-7B.).
ILLEGAL SIGN
A. 
Any sign except the following:
(1) 
A sign allowed by this chapter and not requiring a permit.
(2) 
A sign allowed by this chapter carrying a valid permit.
(3) 
A sign not allowed by this chapter but which has been legalized by waiver and proper permit granted.
B. 
A sign not allowed by this chapter, and not legalized by waiver, is not rendered legal by the issuance of a permit, whether by mistake or otherwise.
LEGAL NONCONFORMING SIGN
A sign that met code regulations when it was originally erected, either by adherence to a previous sign ordinance or by a waiver granted to that ordinance, and which met code regulations or was legal nonconforming immediately prior to the adoption of this chapter, but which does not comply with all the present regulations of this chapter.
MAINTENANCE
The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of said copy.
MASTER IDENTIFICATION SIGN
A freestanding sign which identifies a multiple tenant commercial building or center. (See § 292-9.)
MASTER SIGN PROGRAM
The establishment of an identification program for any multitenant operation within the City, including but not limited to office parks, industrial parks and multitenant office and retail buildings. The intent of a master sign program is to give a uniform theme of size, color and style to signs in such a development. Each sign covered by a master sign program must be permitted separately. (See § 292-7B.)
MEANINGFUL OPEN SPACE
The area around the base of a sign, determined to be necessary for aesthetics and safety by the Commission. Meaningful open space shall be no less than 250 square feet and shall be landscaped with plantings and grass or ground cover as per site development standards.
MULTIPLE TENANT COMMERCIAL BUILDING (MTCB)
A commercial development in which there exists a number of separate commercial activities, in which there are appurtenant facilities (such as parking or pedestrian mall) and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a MTCB may, but need not, include common ownership of the real property upon which the center is located, common wall construction, a multiple-occupant commercial use of a single structure. For the purpose of this chapter, MTCB shall also include separate parcels sharing common walls and facilities but not necessarily common owners. MTCB can be office, retail or mixed use in character.
OFF-PREMISES SIGN
A sign which is not appurtenant to the use of the property or to a product sold or a service offered upon the property where the sign is located and which does not identify the property where the sign is located as a purveyor or source of the merchandise or services advertised upon the sign.
PARAPET WALL
A wall extending above the plate line of the building.
PENNANT
A tapered or dove-tailed banner, sign, streamer or flag, with or without any representation or writing thereon.
PERMANENT SIGN
Any sign which is intended to be and is so constructed as to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear) and position and in some permanent manner affixed to the ground, wall or building.
PLANNED DEVELOPMENT
A collection of like-use buildings, residential, office or industrial in nature, designed and constructed contemporaneously and in close proximity to each other as part of a single integrated project, including but not limited to residential subdivisions and office or industrial parks.
PLATE LINE
The point at which any part of the main roof structure first touches or bears upon an external wall.
POLITICAL SIGN
A temporary sign supporting a candidacy for office or urging action on any other matter on the ballot of a primary, general or special election or urging that a candidacy for office or any other matter be placed on a ballot of a primary, general or special election.
PORTABLE SIGN
Any sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building, including but not limited to trailorized signs and vehicles.
PROJECTING SIGN
Any sign other than a wall sign affixed to any structure, building or wall whose leading edge extends beyond such structure, building or wall.
RESIDENTIAL CORRIDOR
A geographic area which predominantly features homes, and includes but is not limited to areas which transition from commercial to residential. [See § 292-9D(3)(j).]
ROOFLINE
The highest point of the main roof structure or highest point on a parapet, but shall not include cupolas, pylons, projections or minor raised portions of the roof.
ROOF SIGN
A sign that extends above the roofline.
SALE, LEASE AND RENT SIGN
A temporary sign which indicates that some premises or vacant land are for sale, lease or rent.
SANDWICH BOARD
A two-sided portable sign constructed of wood, cardboard or similar rigid material generally displayed outside of a commercial establishment to identify a product or service.
SEASONAL SIGN
A sign for seasonal commercial establishments, including but not limited to garden centers, Christmas tree lots and fruit and vegetable stands.
SHINGLE SIGN
A sign used to identify a business whose front is under a roof overhang, covered walkway, covered porch or open lattice walkway.
SIGN
Any device for visual communications and the structure which supports it which is used or is intended to attract the attention of the public when the display of this device is visible beyond the boundaries of the property upon which the display is made. The term "sign" shall not include any flag, badge or insignia of the United States, State of Wisconsin, Jefferson County, City of Jefferson or foreign countries or official historic plaques.
STREAMER
"Pennant," as defined above.
TEMPORARY SIGN
Any sign constructed of cloth, canvas, wood, light fabric, cardboard, wallboard, plastic or other like materials, with or without frames, and any type of sign not permanently attached to the ground, wall or building which is permitted for display for a limited period of time only. (See § 292-11.)
TENANT DIRECTORY BOARD
Any sign on which the names of occupants or the uses of a building is given, including but not limited to those utilized at office buildings, retail centers and other MTCBs.
TRAFFIC DIRECTIONAL SIGN
A sign designed and located solely for the purpose of relieving traffic congestion and directing and promoting the safe flow of traffic.
WALL SIGN
Any sign painted on, or attached to and erected parallel to the face of, or erected and confined within the limits of, the exterior wall of any building or structure and supported by such wall, building or structure and which displays only one advertising surface. This definition includes signs composed of individual letters or symbols.
WINDOW SIGN
Any sign placed inside or upon a window facing the outside of a building and which is usually intended to be seen from the exterior of the building. Signs displayed on glass panels which are integral to doors visible from the exterior of the building will be considered to be window signs for purposes of this chapter.
A. 
Reasonable repairs and alterations may be made to legal nonconforming signs, provided that they may not be relocated, expanded, enlarged, repositioned or raised in height. However, in the event any such sign and/or its supporting structure is hereafter damaged or altered to an extent exceeding 50% of the reproduction value according to appraisal thereof by competent appraisers, or is removed by any means whatsoever, including an act of God, such sign must be restored, reconstructed, altered or repaired to conform with the provisions of this chapter or permanently removed.
B. 
Any change in ownership or tenancy of premises which is accompanied by any change in the signs for the premises shall necessitate that the signs for the premises be brought into compliance with the provisions of this chapter.
A. 
The Building Inspector shall have the authority to revoke any sign permit determined to be constructed or that is being maintained in violation of the permit or the provisions of this chapter.
B. 
Notice of the Building Inspector's decision to revoke a sign permit and the reason(s) therefor shall be served upon the holders of the permit with notice of right to appeal:
(1) 
By delivering personally copies of the notice to the holders of the permit or to one of their officers; or
(2) 
In the event that no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of copies of the notice to the post office addresses of the holders of the permit specified in the application for the permit.
C. 
The holders of the permit may appeal to the Commission the decision of the Building Inspector to revoke the permit. This appeal must be filed within 15 days from the date when the notice was served. The Commission shall consider this appeal at its next regularly scheduled meeting subject to established agenda length limits. The decision of the Commission shall be final.
D. 
If no appeal has been taken by the end of the fifteen-day appeal period, or if the Commission has upheld the decision of the Building Inspector on appeal, the permit is deemed revoked and the sign is illegal. The Building Inspector then shall initiate the procedure for the removal of the illegal sign.
A. 
The Building Inspector is hereby authorized to remove any illegal sign as defined by this chapter.
B. 
Before taking action to require removal of any illegal sign, the Building Inspector shall give a written compliance notice to the holders of the permit for the sign or, if no permit has been issued, to the owner(s) of the premises on which such sign is located and to the lessee(s) of the premises to which such sign pertains. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign with reasonable definiteness, and the violations charged, if any. Such notice shall specify what repairs, if any, will make the sign conform to the requirements of this chapter and specify that the sign must be removed or made to conform with the provisions of this chapter within the compliance period provided below. Service of notice shall be made on the parties specified above by delivering personally copies of the notice to said parties or, in the event that no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of copies of the notice to the post office addresses of the holders of the permit as specified in the application for the permit, if any, or to the last known post office addresses of the parties specified above.
C. 
Compliance period.
(1) 
The compliance period for permanent signs shall be 10 days.
(2) 
The compliance period for temporary signs shall be 48 hours.
D. 
Re-erection of any sign or any substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuance of the original violation.
E. 
If the holders of the permit or the owner(s) and lessee(s) of the premises upon which the sign is located have not demonstrated to the satisfaction of the Building Inspector that the sign has been removed or brought into compliance with the provisions of this chapter by the end of the compliance period, the Building Inspector shall certify the violations to the City attorney for prosecution.
F. 
Removal. The Building Inspector is authorized to cause the removal of any sign adjudged to be illegal by a court of competent jurisdiction if the court so orders. The actual cost and expense of any such removal by the Building Inspector shall be borne by the holders of the permit or, if no permit had been issued, by the owner(s) of the premises on which the sign is located and the lessee(s) of the premises to which such sign pertains. All such parties shall be jointly and severally liable for such cost and expense and subject to the penalties provided by the provisions of this chapter.
G. 
In addition to any remedies and penalties noted above, any person who fails to remove a sign after being notified to remove the sign by the Building Inspector shall be subject to penalties as provided in § 292-14 of this chapter.
A. 
Requirement of permit.
(1) 
A sign permit shall be required before the erection, re-erection, construction, alteration, placement, maintenance or location of all signs except as otherwise provided in this chapter. Where signs are illuminated electrically, a separate electrical permit shall be obtained.
(2) 
A permit shall not be required for the following signs or activities; provided, however, that such signs or activities shall be subject to any and all applicable provisions of this chapter:
(a) 
Nameplate signs for single-family residences, as allowed under § 292-8.
(b) 
Any sign four square feet or less in area unless otherwise prohibited by this chapter.
(c) 
Repainting of signs without changing wording, composition or colors or minor nonstructural repairs of signs (except electrical repair).
(d) 
Relocation of signs if required by the City.
(e) 
Political signs, as permitted under § 292-11D.
(f) 
Certain window signs, only as permitted under §§ 292-9H and 292-11H.
(g) 
Residential sale and lease signs six square feet or less in area.
(h) 
Address markers/signs.
(i) 
Flags, as allowed under § 292-3.
(j) 
Signs located in the interior of any building or structure.
(k) 
Certain seasonal signs, only as permitted under § 292-11.
(l) 
Temporary signs, as permitted under § 292-11.
(3) 
Nothing contained herein shall prevent the erection, construction, alteration, placement, maintenance or location of official traffic, fire and police signs, signals, devices and markings of the State of Wisconsin and the City or other public authorities or the posting of notices required by law.
B. 
Permit application and expiration.
(1) 
All applications to obtain a sign permit shall be made on a form furnished by the Building Inspector. All such applications shall be signed by the owner(s) of the premises on which the sign is to be located and the lessee(s) of the premises to which the sign pertains, or their respective authorized agents, which signatures shall indicate agreement to be bound by the terms of this chapter. Throughout this chapter, these owner(s) and lessee(s) may be referred to collectively as holders of the permit, as defined herein. No permit under this chapter shall be issued to any person or entity other than the owner and/or lessee of a premises as provided herein, it being intended that no sublessee (or equivalent) of a premises shall be entitled to obtain a permit hereunder.
(2) 
Requirement of plans. Two copies of specifications, plans, renderings or other pictorializations of nonresidential signs shall be submitted with the application for each sign in excess of four square feet in area. One copy shall be returned to the applicant(s) at the time the permit is granted. Such submissions shall detail the size of the sign, the method of attachment or support, the location of the proposed sign, the location of any building(s) on the premises and any other signs located or proposed to be located on the premises or within 150 feet of the proposed sign, the materials to be used, the color(s) of the sign and the name, address and profession of the person designing plans and specifications for such sign. Plans for supports for any sign subject to excessive stress as determined by the Building Inspector shall be accompanied by structural computations. Sufficient data shall be submitted to show that the supporting surface and other members of an existing building to which the sign is to be attached are in good condition and are adequate to support the load, including the proposed sign.
(3) 
Permit fees.
(a) 
In conjunction with the filing of an application for a sign permit, the applicants must tender a fee as set by separate resolution of the City Council.
(b) 
The owner of a legal nonconforming sign which has been removed or brought into conformance with the terms of this chapter shall not be required to pay a fee in order to obtain the initial permit for the replacement or conforming sign.
(c) 
Where work for which a permit is required by this chapter is begun before a permit has been obtained, the fees specified shall be quadrupled, but the payment of such quadrupled fee shall not relieve any persons from complying fully with the requirements of this chapter in the execution of the work or from any penalties prescribed herein.
(4) 
Procedure.
(a) 
All applications for sign permits shall be reviewed initially by the Building Inspector, who may issue signs which, pursuant to this chapter, can be issued without review by the Commission. The Building Inspector shall have the authority to deny such permits if the proposed signs do not comport (conform) with the requirements of this chapter.
(b) 
Should the Building Inspector conclude, in his discretion, that the Commission should review an application for a sign permit, or should this chapter require such review for a particular sign, the application will be forwarded to the Commission for review at its next regularly scheduled meeting subject to established agenda length limits. The Commission may vote to recommend approval or disapproval of the application based on the following factors:
[1] 
The exterior architectural presentation and functional plan of the proposed sign will not be so at variance with or so similar to the exterior architectural presentation and functional plan of signs already constructed or in the course of construction in the area or so out of harmony with the area as to potentially contribute to substantial depreciation in the property values of said area.
[2] 
The proposed sign conforms to the location, size and style requirements set forth in this chapter.
[3] 
The proposed sign conforms to the City's long-range planning for the area as set forth in the City's Comprehensive Master Plan, as that term is defined in § 62.23(3), Wis. Stats., or relevant portions thereof.
[4] 
The proposed sign shares similar architectural or building material features of the principal building and the color will be appropriate for the location.
[5] 
The application and proposed sign satisfy the plan review procedures and guidelines applicable to signs described in this subsection of this Municipal Code.
(c) 
The Commission may establish guidelines, with the confirmation of the City Council, which further define and interpret this chapter. Those guidelines, if any, shall be made available to all sign applicants.
(d) 
Upon ratification or disapproval by the Commission, the application shall be returned to the Building Inspector, who shall issue approved permits or notify applicants of disapproval of their application and the reasons therefor.
C. 
Construction requirements.
(1) 
Wind pressure and dead load requirements. All signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square feet of area and shall be constructed to receive dead loads as required in the Building Code[1] or other ordinances of the City.
[1]
Editor's Note: See Ch. 120, Building Construction.
(2) 
Lighting. Illumination shall be so installed to avoid any glare or reflection into any adjacent property or onto a street or alley to create a traffic hazard as determined by the Building Inspector. Signs in residential corridors shall not be illuminated between 10:00 p.m. and sunrise the following morning.
D. 
Prohibited lighting, movement, and signs.
[Amended 4-20-2010 by Ord. No. 5-10; 5-17-2011 by Ord. No. 5-11; 9-20-2011 by Ord. No. 10-11]
(1) 
Lighting. Bare light bulbs shall not be permitted. No flashing, blinking, or rotating lights shall be permitted for either permanent or temporary signs, other than for time and temperature signs if so permitted by the Commission. See § 292(9)(I). Flashing and blinking shall be defined as those that change their appearance no more than once every five seconds.
[Amended 11-3-2016 by Ord. No. 13-15]
(2) 
Action signs. No sign shall be permitted which moves by any means, except flags as permitted in § 292-3 and time and temperature signs as permitted by the Commission pursuant to § 292-9I or electronic message boards that change their appearances no more than once every 15 seconds
(3) 
Prohibited signs. It shall be unlawful to erect or maintain the following signs:
(a) 
Portable signs (unless temporary).
(b) 
Projecting signs (unless allowed by waiver under § 292-13).
(c) 
Off-premised signs.
(d) 
Roof signs.
(e) 
Pennants or streamers (except as regulated in § 292-11J).
(f) 
Abandoned signs.
E. 
Required signs. Every building or group of buildings must be identified by a street number.
F. 
Location requirements.
(1) 
Obstruction of exits. No sign shall be constructed or maintained so as to obstruct any door, window, stairway or fire escape of any building.
(2) 
Signs prohibited within or in proximity to limits of any street or highway (exempting the Central Business District addressed in § 292-9L below).
(a) 
No sign shall be erected, placed, located or maintained within the limits of any street or highway. Street or highway limits include all the dedicated right-of-way, encompassing the traveled portion of the highway, the shoulders, ditches and adjacent dedicated areas. This prohibition applies to freestanding signs and those placed on trees, utility poles, fence post stakes and all other structures within the highway limits.
(b) 
Failure to comply with the provisions of this section shall be a violation of § 86.19, Wis. Stats., as well as this chapter.
(c) 
Any sign in violation of this section shall be removed without notice by the Highway Department or the Police Department.
(d) 
This prohibition shall not apply to signs placed within the limits of streets or highways by duly constituted municipal, county or state authorities for the guidance or warning of traffic, as provided in § 86.19(1) and (4) Wis. Stats., or to mail boxes and paper boxes.
(e) 
No sign shall be erected, placed, located or maintained at or near the intersection of any streets so as to obstruct free and clear vision; or at any location where, by reason of position, shape and color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "Stop," "look," "danger" or other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
(f) 
The City of Jefferson Regulatory Committee may allow a special exception to this section in unique circumstances when they make the following findings:
[1] 
Not contrary to public interest;
[2] 
Where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship;
[3] 
The spirit and purpose of the Code shall be observed; and
[4] 
The public safety, welfare and justice are secured.
(3) 
Construction over public property. No person or entity shall erect or cause to be erected any sign which projects over any public sidewalk, street, alley or public place unless allowed per § 292-7F(2)(f) above.
G. 
Inspections. Unless waived by the Building Inspector, all signs for which a permit is required shall be subject to the following inspections:
(1) 
Electrical inspection on all illuminated signs.
(2) 
Site inspection to ensure that the sign has been constructed according to an approved application and a valid sign permit.
(3) 
Total area.
[Amended 6-7-2016 by Ord. No. 7-16]
(a) 
The area of a permitted wall sign shall be computed as 0.65 square foot X the lineal front foot of the lot line or 1.0 square foot X the building front foot, whichever is greater, to a maximum of 120 square feet of signage, including wall and freestanding.
(b) 
The maximum allowable area of wall signs for retail centers shall be computed as 1.2 square feet per lineal foot of business frontage.
(c) 
Individual wall signs submitted to the Commission in conjunction with a master sign program shall be permitted a minimum area of 24 square feet to a maximum area of 120 square feet, subject to Commission approval. (See § 292-10.)
(d) 
Total permitted sign area allowed for a building or center may be apportioned between wall signs and/or a freestanding sign if permitted pursuant to § 292-9D. Where a changeable copy sign is permitted pursuant to § 292-9B, the area of the changeable copy sign must be included in the total computation of allowable signage.
(e) 
The total area specifications outlined above apply to each side of a building located within the central business district, which sides are accessible to the public via alleyway or through street.
H. 
Maintenance. Each sign, including those specifically exempt from the permit requirements of this Code, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant material. The Building Inspector shall have the authority at any time to inspect and order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or change in local conditions. The Building Inspector shall follow the procedure of notification concerning such maintenance or removal as outlined in § 292-6.
A. 
Single-family residence. A single-family residence is allowed a name plate sign not to exceed three square feet in area.
B. 
Public uses, institutional uses, schools and churches.
(1) 
The total permanent sign area allowed for public uses, institutional uses, schools and churches shall be determined by the Commission.
(2) 
One-half of the freestanding sign area allowed by the Commission may be a changeable copy sign. (See § 292-3).
(3) 
Traffic directional signs are allowed if deemed appropriate by the Commission.
C. 
Residential subdivisions, condominiums and apartment complexes are allowed entryway signs or markers if approved by the Commission. Proponents of such developments shall follow the application procedures outlined in § 292-7B, and, if such entryway signs or markers are requested in that application, the Building Inspector must forward the application to the Commission in accordance with the procedures therein.
D. 
Multiple-tenant commercial building (MTCB). All applicants for a single sign for an MTCB must file an application for such sign with the Building Inspector, which application must be forwarded to the Commission for consideration pursuant to the procedures outlined in § 292-7B.
E. 
Planned developments. All applicants for an entryway sign or marker or any other single sign for a planned development must file an application for such sign with the Building Inspector, which application must be forwarded to the Commission for consideration pursuant to the procedures outlined in § 292-7B.
F. 
Theatre and motel/hotel freestanding signs may include a changeable copy sign component if approved by the Commission after receipt of an application therefor from the Building Inspector pursuant to § 292-7.
G. 
All other establishments or locations where signs may be utilized which are not covered specifically by this section are governed by § 292-7A.
A. 
Master identification signs.
(1) 
Master identification signs shall not contain the names of tenants or occupants of the center unless the identification of the center is or includes the name of a principal tenant.
(2) 
The purpose of the master identification sign is to advertise a center. Therefore, a minimum of 50% of the sign must be devoted to center identification, rather than individual tenants for multitenant commercial buildings.
(3) 
Application for a master identification sign must be made to the Building Inspector, who shall forward to the Commission for consideration pursuant to the procedure outlined in § 292-7. The following entities may make such application:
(a) 
Retail MTCB or centers of six or more individual tenants or at least 50,000 square feet of building area.
(b) 
Office MTCB or centers of six or more tenants having exterior entrances.
(c) 
Office parks and industrial parks. (See § 292-10).
(d) 
Developments that have multiple entry points (e.g., churches, schools), where multiple buildings are used, along with multiple uses, and a need to direct traffic within the campus exists.
(4) 
MTCBs or centers of five or fewer tenants may not make application for a master identification sign except as provided in Subsection A(3)(a), above.
(5) 
Architecture of master identification signs.
(a) 
Master identification signs must be architecturally integrated with the principal building on the property. The following considerations must be made when designing a master identification sign:
[1] 
The base of the sign must be constructed of masonry or aluminum products. The tone and texture of the base shall reflect the principal building construction as close as possible. The base of the sign must be equal or larger in width to the face of the sign.
[2] 
The color scheme of the sign shall follow the color scheme of the principal building.
[3] 
Architectural features (such as sills, piers, reveals, capstones, medallions, etc.) which are part of the architectural makeup of the building shall be incorporated into the sign.
[4] 
The sign face shall be constructed of aluminum, masonry or similar products. Polycarbonate backgrounds shall be prohibited, unless this cannot be achieved (i.e., changeable copy), in which case it shall be subject to Commission review and approval.
(b) 
The Commission may approve, deny or request changes to a sign based on the architecture of the sign.
(6) 
Area of master identification signs.
(a) 
MTCBs or centers under 100,000 square feet of building area may be permitted one freestanding sign of no more than 120 square feet in area for retail and 80 square feet in area for office, subject to Commission approval.
(b) 
MTCBs or centers between 100,000 square feet and 500,000 square feet of building area may be permitted one freestanding sign per arterial street of 120 square feet in area each or one sign per building or center of 180 square feet in area, 120 X 1.5 = 180, subject to Commission approval.
(c) 
Determination of signage area for MTCBs or centers over 500,000 square feet of building area shall be determined by the Commission.
(7) 
Master identification signs shall meet meaningful open space requirements.
(8) 
The Commission shall not approve any master identification sign greater than 16 feet in height for retail or 12 feet in height for office except for centers over 500,000 square feet in building area, which height shall be subject to Commission discretion, considering the factors set forth in § 292-9A(6).
(9) 
No freestanding signs other than the master identification signs(s) allowed pursuant to this section will be permitted for any MTCB or center; provided, however, that any tenant (but not more than two tenants per MTCB or center) occupying 1/3 or more of the building area of an office MTCB or center may be identified on such master identification sign, such identification to be subject to all terms, conditions, restrictions and other requirements of this chapter which apply to such sign. If a tenant's name is part of the MTCB or center name, the tenant's name shall not be repeated elsewhere on the sign.
B. 
Changeable copy signs.
(1) 
The computation of sign area for changeable copy signs shall be included in the total permitted sign area allowed for the building or development, where changeable copy signs are permitted by this chapter and/or by the Commission.
(2) 
Changeable copy signs must be integrated into the freestanding or wall sign for such building or development.
(3) 
In addition to the uses specifically enumerated elsewhere in this chapter, changeable copy signs may be permitted for businesses of a seasonal nature, public uses, institutional uses, schools, churches, motels/hotels and theatres, if approved by the Commission to be justified at such location and for such use. Unless in the discretion of the Commission, such use is justified, changeable copy signs shall not be permitted for retail use.
(4) 
Where changeable copy signs are allowed, the following restrictions apply in all cases, subject to further restriction as may be imposed by the Commission to particular applications:
(a) 
There shall be only one changeable copy sign on each lot or parcel of land.
(b) 
If freestanding, the sign may be double-faced.
(c) 
Each sign shall be permanently installed or located.
(d) 
Each sign shall be placed in such a manner so as to not interfere with, confuse or present any hazard to traffic.
(e) 
The changeable copy portion of the sign must be no greater than 50% of the total sign face area and must occupy a secondary position to the name of tenant.
C. 
Tenant directory boards. Exterior tenant directory boards for the purpose of guiding pedestrians to individual businesses within a MTCB or center are allowed, subject to the provisions hereof. Letters on a tenant directory board identifying occupants may not exceed three inches in height. Reorganization of a tenant directory board may be done for purposes of appearance or clarity. Changes in the structure, style or design of a tenant directory board or to add or delete the name of an occupant shall be allowed unless such tenant directory board is a legal nonconforming sign, in which case such tenant directory board must first be brought into compliance with all of the provisions of this chapter. Tenant directory boards must be attached to the building.
D. 
Freestanding signs.
(1) 
All applications for freestanding signs shall be filed with the Building Inspector and forwarded to the Commission for consideration pursuant to the procedure outlined in § 292-7. A freestanding sign may be permitted by the Commission for the following uses:
(a) 
One sign per building site for public uses, institutional uses, schools and churches.
(b) 
Commercial establishments, as restricted below.
(2) 
Architecture of freestanding signs.
(a) 
Freestanding signs must be architecturally integrated with the principal building on the property. The following considerations must be made when designing a freestanding sign:
[1] 
The base of the sign must be constructed of masonry or aluminum products. The tone and texture of the base shall reflect the principal building construction as close as possible.
[2] 
The color scheme of the sign shall follow the color scheme of the principal building.
[3] 
Architectural features (such as sills, piers, reveals, capstones, medallions, etc.) which are part of the architectural makeup of the building shall be incorporated into the sign.
[4] 
The sign face shall be constructed of aluminum, masonry or similar products. Polycarbonate backgrounds shall be prohibited, unless this cannot be achieved (i.e., changeable copy), in which case it shall be subject to Commission review and approval.
(b) 
The Commission may approve, deny or request changes to a sign, based on the architecture of the sign.
(3) 
Placement and construction requirements.
[Amended 6-7-2016 by Ord. No. 7-16]
(a) 
No more than one freestanding sign shall be permitted on a lot. A freestanding sign shall be permanent in construction and subject to the requirements of the Building Code of the City as determined, imposed and inspected by the Building Inspector.
(b) 
The sign may be double-faced.
(c) 
The minimum sign setback for any freestanding sign shall be five feet. The height of a freestanding sign shall not exceed the setback of the sign from any property line, up to a maximum of 12 feet. *Note: All state highways may have a larger setback established by Wisconsin DOT. § 86.191, Wis. Stats., as may be amended. See also § 292-7(F) of this Code.
(d) 
The area of a freestanding sign shall be regulated and approved by the Commission in consideration of the factors enumerated in Subsection D(3)(c) above and shall be computed as either 0.65 square feet X the linear front foot of the lot line or one square foot X the building front foot, whichever is greater, to a maximum of 120 square feet, as allowed by the Commission. Should the Commission approve both a freestanding sign and a wall sign for a given building or center, the area allowed must be apportioned between these signs.
(e) 
A freestanding sign must identify the individual business, building or building complex only by name, or by name and principal service offered, where the name does not identify the principal service offered. The sign may identify up to two businesses that occupy the same building and may identify the availability of an automatic teller machine on the site.
(f) 
The sign shall be located in an area of meaningful open space, which shall be appropriately landscaped.
(g) 
The sign structure or post of a freestanding sign must be wrapped in or constructed of a material compatible with the materials utilized in the construction of the building to which the sign refers. The sign must also be architecturally compatible with the building to which it refers.
(h) 
Freestanding signs which are located in residential corridors shall be constructed of materials which are complementary to the style and appearance of surrounding development.
(i) 
These areas shall use earthen tones and understated signs.
(j) 
Any property within 2,500 feet of the Highway 26 bypass may request a waiver of the total size requirement pursuant to § 292-13 of this code to allow for an additional free standing sign or wall sign. The maximum allowable square footage sign area under this waiver shall not exceed 500 square feet for an additional free standing sign or wall sign.
E. 
Shingle signs.
(1) 
Shingle signs shall be allowed without the necessity of obtaining a permit, provided that any such sign is a part of a master sign program, and provided further that such sign is in compliance with all other applicable provisions of this chapter.
(2) 
One shingle sign may be allowed for each business front and shall be adjacent to the business which it identifies.
(3) 
The shingle sign shall be suspended from a roof overhang, covered walkway, covered porch or open lattice walkway. No part of a shingle sign shall extend beyond the edge of the overhang. Signs placed parallel to the street may be attached to the fascia. A minimum clearance of six feet eight inches must be maintained between the bottom of the sign and the nearest grade or sidewalk. The size of a shingle sign may not exceed one square foot in area.
(4) 
The shingle sign must display only the name of the individual business, building or building complex which it identifies.
F. 
Traffic directional signs.
(1) 
All permits for traffic directional signs shall be issued by the Building Inspector upon approval of a proper application therefor.
(2) 
No more than one single-faced, double-faced or four-sided freestanding sign shall be permitted for each driveway. No traffic directional sign shall be affixed to a pole or structure greater than five feet in height.
(3) 
The area of each side of a traffic directional sign shall not exceed six square feet. If a driveway is shared by two or more businesses or premises, and each such business or premise would be permitted one traffic directional sign pursuant to this chapter, such signs may be incorporated into one eight-square-foot traffic directional sign affixed to a pole or structure no greater than five feet in height.
(4) 
Twenty-five percent of the area of each side of a traffic directional sign may be used for the business name or logo.
G. 
Wall signs.
(1) 
All applications for wall signs shall be processed in accordance with § 292-7.
(2) 
A wall sign may identify the individual business, building or building complex only by name, or by name and principal service offered where the name does not identify the principal service offered.
(3) 
Total area.
(a) 
The area of a permitted wall sign shall be computed as 0.5 square foot X the lineal front foot of the lot line or 0.65 square foot X the building front foot, whichever is greater, to a maximum of 120 square feet for retail or 80 square feet for office or mixed use.
(b) 
The maximum allowable area of wall signs for retail centers shall be computed as 1.2 square feet per lineal foot of business frontage.
(c) 
Individual wall signs submitted to the Commission in conjunction with a master sign program shall be permitted a minimum area of 24 square feet to a maximum area of 120 square feet, subject to Commission approval. (See § 292-10.)
(d) 
Total permitted sign area allowed for a building or center may be apportioned between wall signs and/or a freestanding sign if permitted pursuant to § 292-9D. Where a changeable copy sign is permitted pursuant to § 292-9B, the area of the changeable copy sign must be included in the total computation of allowable signage.
(e) 
The total area specifications outlined above apply to each side of a building located within the central business district, which sides are accessible to the public via alleyway or through street.
(4) 
Placement.
(a) 
A wall sign may not project more than 12 inches from the wall surface.
(b) 
A wall sign must be placed on an exterior wall of the business which the sign identifies.
(c) 
No part of a wall sign shall extend more than four feet above the plate line, nor shall a wall sign extend above a roofline except when it is erected on a parapet wall or fascia which extends above the roofline of a flat roof on at least three sides of a building.
(d) 
A wall sign may be allowed on a roof surface only if the roof surface is within 25° of vertical (such as a mansard roof) and only if the Building Inspector deems that such use is acceptable.
H. 
Window signs. Permanent window signs do not need a permit if less than 10% of the window is covered by all of the window signs. If greater than 10% of the window is covered, a sign permit must be obtained pursuant to the procedures outlined in § 292-7. In no instance may more than 25% of the window space be covered by window signs. All window signs which are to be illuminated must be inspected and approved by the Building Inspector.
I. 
Time and temperature signs. Application for time and temperature signs shall be made to the Building Inspector, who shall forward it to the Commission pursuant to the procedures outlined in § 292-7.
J. 
Informational signs. Signage developed for purely informational reasons (except menu boards as more fully described below) shall be allowed without the necessity of obtaining a permit so long as such signs comply with all other applicable provisions of this chapter. Such signs must be no greater than four square feet in area. Examples of information signs are signs indicating separate buildings or services on a premises (e.g., body shop, car wash, drive-up window). Informational signs consisting of menu boards may exceed four square feet in area; provided, however, that no menu board, regardless of size, may be erected unless a permit is first obtained pursuant to § 292-7 above.
K. 
Signs on vehicles.
(1) 
Signs placed on or affixed to vehicles and/or trailers, which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way, for longer than two consecutive hours, where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property are prohibited. This provision shall not prohibit signs placed on or affixed to vehicles and/or trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer for the business and moved on a daily basis.
(2) 
No permit shall be required for signs placed on or affixed to vehicles and/or trailers.
(3) 
Persons aggrieved by the provisions of this section may apply for a waiver by complying with the waiver procedures set forth in § 292-13. The Commission shall review such requests for waiver based upon the criteria and procedures set forth in § 292-13 along with the following criteria:
(a) 
Hardship created because of the lack of alternative parking;
(b) 
A waiver would not be adverse to the public health, safety and welfare; and
(c) 
The waiver would not be detrimental to the community, particularly the surrounding neighborhood.
L. 
Central Business District (CBD).
(1) 
Shingle signs shall be allowed in the CBD, provided they recognize the historic significance and conform to Jefferson's Downtown Redevelopment Plan as determined by the Planning Commission.
(2) 
All CBD shingle sign permit applications shall be submitted for consideration by the City Planning Commission. Under no circumstances will a permit be granted if the sign will impair any traffic vision triangle or otherwise jeopardize the public safety, health or welfare. All CBD shingle signs must reflect uniformity and enhance the historical significance of the building and CBD.
(3) 
In approved cases due to the unique nature of the building or location, a building may have multiple facades and therefore the ability to obtain multiple signs (shingle or otherwise allowed through other applicable provisions of this chapter) through application to the City Planning Commission process as each facade may be considered to each sign approved.
(4) 
Any signals on a facade other than the storefront shall be limited to 1/2 the allowable square footage for a sign as allowed under this chapter. (See § 292-9.)
A. 
All MTCBs and planned developments, including but not limited to office parks, industrial parks, office centers, retail centers and office and limited business structures, and churches and schools that have a campuses, must have a master sign program if more than one sign will be erected in conjunction with such building, development or center as defined herein.
B. 
An application for a master sign program must first be filed with the Building Inspector, who shall forward it to the Commission for consideration pursuant to the procedures outlined in § 292-7.
C. 
Each individual sign proposed in accordance with an approved master sign program must be applied for and permitted separately in accordance with this chapter and in no event shall any recommendation or approval of a master sign program be deemed an approval of or permission to construct any particular sign under that program. All applications for permits for such individual signs must be filed with the Building Inspector for approval under the terms and conditions of the previously approved master sign program.
D. 
A master sign program, as presented to the Building Inspector and the Commission, must include the following components:
(1) 
An aesthetically developed theme on color, size and style. Ordinarily, no more than three colors shall be used.
(2) 
A proposed location of all signs for the building, development or center.
(3) 
The proposed size of individual signs, which may be expressed in maximums and minimums for purposes of the proposed master sign program, but which must be proposed in exact terms when application is made for such individual signs after approval of the program.
(4) 
Categories of signs proposed, which may include some or all of the following:
(a) 
Master identification sign. (See §§ 292-9 and 292-10.)
(b) 
Tenant identification signs.
[1] 
Tenant identification signs at individual tenant entrances in an office center may not exceed four square feet in area if permitted.
[2] 
Retail tenants occupying not less than 20% of an office and limited business structure with individual entrances to the exterior may be allowed tenant identification similar to tenants in retail centers. In both instances, the area of such signage shall not exceed 1.2 X the lineal front foot of the space occupied.
(c) 
Tenant/directory board for an office center or office and limited business structure. (See § 292-9C.)
(d) 
Entrance markers.
(e) 
Traffic directional signs. (See § 292-9F.)
(f) 
Wall signs for retail centers. (See § 292-9G.)
(g) 
Such other signs as requested by the applicant.
(5) 
Type of signage proposed (i.e., individual letters, box, etc.).
(6) 
Blueprints, drawings and written policies governing the color, size, style, location and other features of the proposed signs.
E. 
The Commission, in its discretion, will consider the type and location of the building site, the proposed tenant mix, the size of the development and such other factors as it deems appropriate in evaluating a master sign program.
A. 
Temporary signs do not require a permit from the Building Inspector, provided the sign is specifically allowed by this chapter. Temporary signs shall be permitted in all zones, unless otherwise specified, and may not be illuminated. Unless otherwise specified in this chapter, a temporary sign may not be erected more than 60 days in a twelve-month period. Any temporary sign erected longer than 14 consecutive days may be removed by the Building Inspector pursuant to the procedure outlined in § 292-6.
B. 
Development signs.
(1) 
A development may have one development sign on each street which the development abuts. Each sign must be placed on the property being developed.
(2) 
Each development sign may not exceed 32 square feet in area. This sign may be single- or double-faced and may be perpendicular or parallel to the street.
(3) 
Each sign may not exceed eight feet in height.
(4) 
All development signs shall be removed within 10 days after the completion of a nonresidential development or, in the case of a residential development, after 90% of the units are sold or rented. The Building Inspector shall have the authority to cause such sign(s) to be removed if, in his discretion, a nonresidential development has been completed or, upon information and belief, 90% of the units of a residential development have been sold or rented. In effecting such removal the Building Inspector shall follow the notice procedures outlined in § 292-6.
C. 
Sale, lease and rent signs.
(1) 
Premises or vacant land for sale, lease or rent may be allowed one temporary sign on each street which the premises or land abuts. Each sign must be placed on the property being sold, leased or rented. The sign(s) may be single- or double-faced.
(2) 
Nonresidential signs will be originally allowed for 180 days or until the premises is at least 90% occupied or vacant space of 2,000 square feet or less remains to be sold, leased or rented. Upon occupancy of 90% or less than 2,000 square feet of vacant space remaining, the sign must be removed within seven days. The Building Inspector shall have the authority to cause such sign(s) to be removed if, in his discretion or upon information and belief, the premises is at least 90% occupied or less than 2,000 square feet of vacant space remains to be sold, leased or rented. In effectuating such removal the Building Inspector shall follow the procedures outlined in § 292-6.
(3) 
Permitted sign area for nonresidential sale, lease or rent signs is as follows:
(a) 
Parcels containing less than 10 acres are allowed sign(s) not exceeding 12 square feet in area each.
(b) 
Parcels containing 10 acres or more are allowed sign(s) not exceeding 16 square feet in area each.
(c) 
The height of each nonresidential sale, lease or rent sign may not exceed five feet.
(4) 
Residential sale, lease or rent signs may be no larger than six square feet in area and five feet in height and need not obtain a permit. (See § 292-7).
D. 
Political signs.
(1) 
The display of any political signs shall be limited to a period of 60 days immediately preceding the primary, general or special election to which they refer.
(2) 
The sign area of a political campaign sign displayed in other than residential or agricultural zoning districts shall not exceed 32 square feet. The sign area of such signs displayed in residential or agricultural zoning districts shall not exceed six square feet. In any zoning district, such signs may be freestanding and shall not exceed six feet in height.
(3) 
Political campaign signs shall not be displayed on any building or grounds that are owned, operated or maintained by any public agency or on any City-owned post or traffic control device or on any pole, post or appurtenance owned or operated by a utility. Such signs shall be located only on private property with the owner's consent. Where the land is vacant, such consent shall be indicated by the owner's signature on the sign. No more than one sign per candidate or matter shall be allowed on any individual property.
(4) 
The candidate or entity responsible for the erection or distribution of any such signs shall be jointly and severally liable for the removal of them within 10 days after the primary, general or special election to which they refer. Noncompliance will subject such responsible candidate or entity to a forfeiture of $25. If such signs are not removed within the prescribed period, the Building Inspector may remove them pursuant to the procedures outlined in § 292-6.
(5) 
No permit shall be required for political campaign signs. (See § 292-7.)
E. 
Contractor signs.
(1) 
Contractor signs shall be not more than four square feet in area per contractor, subcontractor, architect or lending institution and may be freestanding. Such signs may be single- or double-faced. Pursuant to § 292-7, no permit is required for such a sign.
(2) 
Contractor signs may not exceed six feet in height.
(3) 
All contractor signs may be consolidated on one sign, the area of which consolidated sign is to be calculated at four square feet per contractor, subcontractor, architect or lending institution listed, to a maximum area of 24 square feet. All contractor signs may also be incorporated within the development sign and subject to the restrictions set forth in § 292-9D. In the event such consolidation or incorporation occurs, a sign permit must be obtained through the procedures outlined in § 292-7.
(4) 
Contractor signs must be removed within seven days from the first occupancy of the premises. The Building Inspector shall have the authority to cause such signs to be removed if, in his or her discretion or upon information and belief, the first occupancy of the premises has occurred or the work done by the contractor, subcontractor or architect, or financed by the lending institution, has been completed. In effectuating such removal, the Building Inspector shall follow the procedures outlined in § 292-6.
F. 
Grand opening signs.
(1) 
Grand opening signs shall not be displayed more than 10 days and may be removed by the Building Inspector after the expiration of such time period, pursuant to the procedure outlined in § 292-6.
(2) 
Only one grand opening sign shall be allowed per business.
G. 
Banners.
(1) 
Banners may not exceed 30 square feet in area.
(2) 
No business shall be issued sign permits for more than four banners in any year.
(3) 
There shall be no more than two banners erected, per site, at one time.
(4) 
Banners erected at multitenant commercial business common areas shall be limited to advertisement of common events at the MTCB and not advertisement of single-store events.
H. 
Temporary window signs.
(1) 
Temporary window signs are allowed for all commercial uses and do not require a permit.
(2) 
In no instance may more than 25% of the total glass area of window space be covered by temporary window signs. The area of such signs shall not be deducted from the total area of signs allowed for a particular premise or business, but the total area of all window signs at such premise or business shall not exceed the total sign area allowed for such use.
(3) 
Temporary window signs must be placed behind a glass surface and may not be placed in unglazed openings. Temporary window signs shall not contain internal lighting.
I. 
Seasonal signs. Signs for seasonal commercial establishments shall be permitted if so approved by the Building Inspector upon application therefor. The area of such signs shall not exceed 32 square feet. In the discretion of the Building Inspector, the temporary permit for a seasonal sign shall be granted for the term of the season instead of the regular fourteen-day period. A permit is not required for seasonal signs used solely by the owner or tenant of a farm to advertise the sale of farm products raised on said farm in an agricultural district.
J. 
Decorative seasonal/holiday banners. Banners which do not advertise specific events at a property, but are used for decorative display may be permitted for a period of 90 days if approved by the Commission.
Any sign authorized or otherwise permitted under this chapter shall be allowed to contain noncommercial copy in lieu of any other copy.
A. 
Purpose. Sign ordinance waivers are intended to allow flexibility in sign regulation while fulfilling the purpose of this chapter. Nothing in this chapter, however, is intended to permit the erection or maintenance of signs which create the potential of public harm or for which there is no public benefit or which are in conflict with the City's master plan or relevant portions thereof.
B. 
Procedure.
(1) 
Any applicant who desires a waiver from any provision or requirement of this chapter may request an oral hearing before the City Plan Commission by submitting a written request and application therefor to the City Clerk not less than 10 days before the next regularly scheduled meeting of the Commission. A fee in an amount established by resolution of the City Council from time to time shall be required of the applicant at the time that a request for a hearing before the Commission is made. In addition to the fee paid, all professional fees incurred by the City in relation to the request shall be reimbursed by the applicant.
(2) 
The Plan Commission shall review such requests for waivers using the following criteria:
(a) 
Area enhancements.
[1] 
The sign as proposed will not result in an undue concentration of signage which renders it difficult or confusing to read existing signs;
[2] 
The proposed sign is unique and of exceptional design or style, so as to enhance the area.
[3] 
When, in the exercise of discretion, the Planning Commission recognizes that a sign contributes significantly to the historical Downtown District, it may be allowed, provided that said projecting signage meets all remaining requirements of the Code.
[Added 4-20-2010 by Ord. No. 5-10]
[4] 
Any projecting sign allowed under this section shall not be larger than eight square feet and be installed to ensure 10 feet of clearance above the sidewalk.
[Added 4-20-2010 by Ord. No. 5-10]
[5] 
Off-premised signs are prohibited under this chapter unless, in the exercise of its discretion, the Plan Commission determines that the applicant’s overall square footage of the legal nonconforming existing uses are reduced by the approval of the permit. Any waiver granted must meet all other provisions of this chapter and reduce the overall square footage of the total off-premised signs of the applicant.
[Added 5-17-2011 by Ord. No. 5-11]
[6] 
Height exemptions for nonresidential properties located within 1,500 feet of the Highway 26 bypass corridor. Applicants in this area may request a waiver to the required sign height. The request may not exceed 100 feet above the adjacent road grade. An applicant receiving a waiver pursuant to this provision must comply with all other provisions of this chapter.
[Added 4-4-2018 by Ord. No. 3-18]
(b) 
Site difficulties. Unusual site factors preclude the construction of a sign in accordance with this chapter which would be visible to the roadway adjacent to the site frontage.
(3) 
Should the Commission find that a waiver should be granted, the application will be forwarded to the Building Inspector with directions to issue a permit in accordance with its decision. If the Commission finds that a waiver should not be granted, it shall inform the applicant of the reasons for such decision, in writing, within 10 days of the date of such decision. The decision of the Commission shall be final unless the Commission requests review of same by the City Council.
Penalties for a violation of this chapter shall be as described in Chapter 1, Article I, of this Code.