A.
Administration. The Zoning Administrator or designated
authorized agent shall be responsible for administering and enforcing
the provisions of this Title. The Zoning Administrator or designated
authorized agent shall examine all sign permit applications, issue
permits and denials, authorize the continued use of signs that conform
with the requirements of this Title, record and file all applications
for permits with any accompanying plans and documents, and inspect
signs in the City of Onalaska. A sign shall also meet all other structural
requirements of other applicable codes and ordinances of the City
of Onalaska.
B.
Permits required. It shall be unlawful for any person to locate, erect, move, reconstruct, extend, enlarge, convert or structurally alter a sign, canopy, awning, or billboard without a sign permit and without being in conformity with the provisions of this Title or cause the same to be done in the City of Onalaska without first obtaining a sign permit for each such sign from the Planning Department, except those specified in Section 14.01.32 or as otherwise noted. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance. Any sign permit granted hereunder may not be assigned or transferred to any other sign or sign structure. Each individual sign shall require an individual sign permit.
C.
Required information. Application for a sign permit
shall be made in writing upon forms furnished by the Planning Department
which contain the following information about the sign: dimensions,
including display surface; materials; illumination; wiring; height
above grade; distance from parcel lines; and the person, firm or corporation
erecting or altering the sign.
D.
Granting and issuance. The Zoning Administrator or designated authorized agent shall review the application to ensure it is complete per the requirements of Subsection A above. The Zoning Administrator or designated authorized agent shall have a maximum of 30 days to approve or deny a sign permit or recommend the applicant apply for a special exception permit.
1.
Basis for granting a sign permit. In deciding whether to grant a
sign permit, the Zoning Administrator or designated authorized agent
shall determine whether the proposed sign(s) is in compliance with
the provisions of this Title. In such review, the Zoning Administrator
or designated authorized agent may also consider the following factors:
a.
Whether the sign is designed, constructed, installed or maintained
in such a manner that is does not endanger public safety or traffic
safety.
b.
Whether the sign is in compliance will all provisions of the
City of Onalaska Code of Ordinances, including those related to traffic
safety, traffic visibility, sign setbacks, and structural integrity.
E.
Enforcement and revocation of a sign permit.
1.
A sign permit may be revoked if the applicant has failed to comply
with the provisions of this Title or any conditions that may have
accompanied the permit at the time of issuance. Revocation requires
written notice by either the Zoning Administrator or designated authorized
agent for zoning ordinance violations.
2.
In the event that construction, installation, or manufacture of a
sign for which a permit has been issued has not commenced within 180
days or six months from the date of the issuance of such permit, said
permit shall be null and void and automatically revoked. If work authorized
by such permit is suspended or abandoned for a period of 90 days any
time after the work is commenced, the original permit shall become
null and void. In such cases, a new permit shall be obtained to complete
the work and a new permit fee shall be required.
3.
Any sign subject to a revoked permit shall be removed by the licensee,
sign owner, or property owner within 45 days of such revocation. Revocation
shall not result in reimbursement of permit fees paid.
G.
Insurance. Any person, firm or corporation engaged in
the business of erecting, repairing, maintaining or relocating any
sign shall maintain in effect at all times a policy of liability insurance
with limits of $300,000 for bodily injury and $1,000,000 aggregate
and $100,000 property damage. Proof of insurance shall be presented
to the Planning/Inspection Department before the sign permit is granted.
H.
Sign permit appeal. Any person, firm or corporation
aggrieved by any sign permit denial or decision by the Planning Department
relative to the provisions of this Title may appeal and seek review
of such decision to the Plan Commission.
I.
Alterations. For signs erected before the adoption of
this Title, said signs shall be rebuilt or relocated to conform to
this Title if the cost of reconstruction or relocation is 50% or more
of its replacement value.
J.
Violations of this Title. Any person, firm or corporation
who begins, erects or completes the erection or construction of any
sign controlled by this Title prior to the granting of a sign permit
shall pay a penalty of $50 for the first offense, with the penalty
for each subsequent offense increasing by $50. Any person, firm or
corporation who violates any provision of this Title shall be subject
to the penalties prescribed in this Title, and each day, or portion
thereof, that such violation continues is hereby deemed to constitute
a separate offense.
K.
Removal of signs in violation of this Title.
1.
If the Zoning Administrator or designated authorized agent determines
that any sign exists in violation of this Title are hereby declared
public nuisances within the meaning of this Code of Ordinances, the
Zoning Administrator or designated authorized agent shall notify the
sign permit holder or the owner of the property on which the sign
is located. Said notification shall indicate that such violation shall
be corrected within 60 days of receipt of said notice on penalty of
automatic revocation of any sign permit and that removal of the sign
by the City may occur at the expense of the owner of the property
in the manner set forth in the Wisconsin Statutes.
2.
If notification is sent and the violation is not corrected within
60 days, the Zoning Administrator or designated authorized agent shall
revoke the associated sign permit that is in violation of this Title.
It shall be the duty of the Zoning Administrator or designated authorized
agent to cause removal of such signs.
3.
The expense of removing such sign and all sign support structures
shall be charged to the owner of the property on which the sign is
located. If the owner fails to pay such expense within 30 days of
being billed therefor, or has not made arrangements for payment satisfactory
to the Finance Director, then such expense shall become a lien on
the property and shall be placed upon the tax roll in addition to
a $100 administrative fee charged for processing payments/invoicing.
4.
Any sign illegally placed in a public right-of-way shall be subject
to immediate removal and confiscation without notice by the Zoning
Administrator or designated authorized agent.
A.
The following is a list of signs that do not require an issued sign
permit. If a sign similar in nature to those listed below is proposed,
the Zoning Administrator or designated authorized agent shall determine
if the proposed sign requires a permit.
1.
Banners on utility poles (including privately owned utility poles
and City banners on City-owned utility poles) under 10 square feet
per side.
2.
On-site directional signs on private property that includes a directional
arrow or symbol that directs people to a specific destination within
a development or site. Institutional signs erected to display facility/campus
locations, building identification, transportation routes, or similar
signs that are not visible or intended to be visible from public street
rights-of-way or nonadjacent parcels. Directional signs shall not
exceed 15 square feet per sign face with a maximum height of six feet
and a maximum of two sign faces per sign.
3.
On-site directional signs as mandated by a government entity.
4.
Building management identification sign which indicates the name
and/or address of the property owner, tenant, and/or manager of a
property, not to exceed 32 square feet.
5.
On-Site warning sign that indicates a warning from the property owner
related to conditions on site and/or that cites a City, state, or
federal law, order rule or regulation. Such signs shall contain no
commercial message. Examples include signs listing parking hours,
"No Trespassing," "No Loitering," "Customer Parking Only," "Handicap
Parking," or signs indicating danger or aids to service or safety.
6.
Traffic control signs/devices erected for control of traffic and
other regulatory purposes, direction signs, railroad crossing signs.
7.
Memorial signs, plaques, tablets, names of buildings, dates of erection,
etc., that are cut into a masonry surface or inlaid so as to be a
part of the building or when constructed of bronze or other noncombustible
material not more than 24 square feet of area shall be allowed without
a sign permit.
8.
Public notices posted by authorized designated agents of the City
or other official governmental agencies.
9.
Signs on trucks, buses, trailers or other vehicles while operating
in the course of normal business, which is not primarily the display
of signs.
10.
Signs may be installed no earlier than 60 days prior to an election
and shall be removed within 10 days following said election. Signs
shall be placed on private property and with the consent of the property
owner. Each sign shall not exceed four square feet on residential
properties or 32 square feet on nonresidential properties. No more
than five such signs may be allowed at a single time on a single property
to allow for pedestrian and vehicular safety.
A.
Prohibited sign area. No signage shall be permitted
on the west side of Second Avenue North (State Highway 35) from John
Street to Sunset Vista Road.
B.
Signs with flashing, blinking, or traveling lights. No
signs, billboards or other advertising media which creates a hazard
or dangerous distraction to vehicular traffic or a nuisance to an
adjoining residential property shall be permitted in any district.
C.
Signs on public rights-of-way. Signs shall not be permitted
on public rights-of-way, except for municipal traffic control devices
and as otherwise specified in this Title.
D.
Signs at intersections. Signs at intersections shall
comply with traffic visibility standards in the Unified Development
Code.
E.
Traffic interference. Signs shall not resemble, imitate
or approximate the shape, size, form or color of railroad or traffic
signs or devices. Signs, canopies and awnings shall not obstruct or
interfere with the effectiveness of railroad or traffic signs, signals
or devices or the safe flow of traffic. No sign shall be erected,
relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign, awning or canopy shall
be placed so as to obstruct or interfere with traffic visibility.
F.
Blanketing. Blanketing of signs shall not be allowed.
G.
Signs on City property/rights-of-way. No person shall
paste, tape, staple, or otherwise affix/fasten any paper or similar
material to, nor paint, stencil or otherwise write or color any object,
vegetation or pavement located within any street right-of-way or on
City property, including but not limited to trees, lampposts, utility
poles, fire hydrants, or similar features, nor shall any of such object,
vegetation or pavement be defaced in any manner.
H.
Human signs. Human signs that a) are located in or within
10 feet of the public right-of-way; b) carry or operate flashing or
illuminated objects; or c) operate after daytime.
I.
Vehicular signs. Signs placed on semitrailers, pull-behind
trailers, vehicles, shipping containers or portable storage units,
unless: a) the trailers, containers or portable storage units are
functional, used for their primary storage propose, and, if subject
to registration, have current registration and tags; b) the signs
are subordinate to the use for temporary storage, pickup, or delivery;
and (c) the semitrailer is parked in a designated loading area or
on a construction site at which is being used for deliveries or storage.
J.
Any sign not expressly permitted. Any sign not expressly permitted
by this Title and constructed pursuant to the standards set forth
in this Title shall be prohibited.
A.
Compatibility. To the maximum extent practical, signs
shall be compatible and complimentary to their surroundings in terms
of size, shape, color, texture and lighting. Buildings and sites shall
be designed so that the signs are an integral part of the building
and/or site. Signs shall not visually detract from other conforming
signs.
B.
Protection of First Amendment rights. Any sign under
this Title may contain, in lieu of any other copy, any otherwise lawful
noncommercial message that does not direct attention to a business,
activity conducted, or product sold or offered at a location.
C.
Sign measurements. Sign area and sign height measurements
shall be calculated as follows:
1.
Signable area for projecting signs, awnings, roof signs, and
wall signs. The sign copy and graphic area shall be calculated
by means of the smallest four-sided figure (such as a rectangle) that
encompasses the extreme limits of characters, writing, representation,
emblem, ornamentation, illustrations or other display, together with
any material or color forming an integral part of the background of
the display or used to differentiate the sign and copy graphic area
from the structure.
2.
Sign structure area. Where a maximum allowable sign
structure is specified in this Title, the sign structure area shall
include the sign copy and graphic area.
3.
Sign structure height. The height of a ground/freestanding
sign shall be measured from the average grade of the adjacent street
to the top of the sign structure.
D.
Buildings with a secondary public entrance at the rear or side
of the building. In addition to the allowable signage with
a use in a particular district, commercial, public and institutional
uses that have a secondary entrance for the public that does not front
a public right-of-way may have, at the secondary entrance, one sign
not to exceed 32 square feet.
E.
Placement of ground/freestanding signs. The placement
of such signs shall comply with the following standards:
1.
Minimum required distance from parcel lines. All ground/freestanding
signs shall be placed a minimum of five feet from all parcel boundaries.
2.
Outside the required vision triangle. No sign shall obstruct the
required vision triangle as specified in the Unified Development Code.
3.
Outside drainage and utility easements. No sign shall be placed in
a drainage, utility or other easement without first obtaining all
applicable authorizations and a copy of said authorizations provided
to the City.
4.
The distance between ground/freestanding signs shall be a minimum
of 200 feet throughout the street frontage in order to prevent congestion
and maintain traffic visibility. Ground/freestanding signs may be
placed at less than 200 feet where the street frontage of the parcel
and adjacent parcels is less than 200 feet and does not permit the
minimum spacing. Where this condition exists, the maximum spacing
available must be maintained and such ground/freestanding signs shall
be monument style only and not exceed 15 feet in height and 60 square
feet per side in area. Notwithstanding any other provision of this
Title, in no case may a ground/freestanding sign be placed at less
than 100 feet from another ground/freestanding sign on the same street
frontage.
a.
Distance between ground/freestanding signs and approved on-site
directional signs to be a minimum of 20 feet.
F.
Allowable number of signs. No more than two signs of
any type are allowed on a single parcel, unless the parcel has multiple
street frontages which shall allow two sign types for each street
frontage, excluding canopies and/or awnings and additional signage
may be allowed as otherwise noted in specific zoning district regulations
or through an approved Design Overlay District (Planned Unit Development,
Downtown Planned Unit Development, Planned Commercial Industrial District,
or Medical Campus District).
1.
Any signs exempt from sign permits are not considered in determining
the allowable number of signs and shall be in addition to the allowable
number of signs under this Title.
G.
Design and construction standards. All signs shall comply
with the following construction standards:
1.
All signs shall be constructed in a safe structural manner in accordance
with the National Building Code and National Electrical Code with
fireproof and fire-resistant materials and the Wisconsin State Codes,
if more restrictive. All signs shall be fastened, supported and maintained
so as to withstand a wind load pressure of 30 psf per American Society
of Engineering.
2.
All signs shall be constructed of durable, weather-resistant materials.
3.
Electrical service to signs shall comply with applicable electrical
codes. No sign shall have exposed electrical wires, and electrical
service to signs shall be concealed wherever possible to preserve
aesthetic values. Contractors to apply for electrical permits when
installing new electric services to signs or modifying services (new
technology, etc.) to signs.
4.
The use of unshielded lighting, including exposed light bulbs hung
or strung on poles, wires or other support intended to illuminate
a sign or other advertising device is prohibited. All sign lighting
shall be so designed, located, shielded, or hooded to prevent the
casting of glare or direct illumination upon adjacent roadways, surrounding
properties or into the sky.
5.
All signs in newly annexed areas shall comply with this Title within
five years of annexation.
H.
Installation and maintenance. All signs shall be installed
and maintained as follows:
1.
Safety. All signs shall be installed and maintained
in a workmanlike manner using equipment that is adequate and safe
for the task.
2.
Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining
signs that involves in whole or in part the erection, alteration,
relocation, or maintenance of a sign or other sign work in, over,
or immediately adjacent to a public right-of-way or public property
that is used or encroached upon by the sign contractor shall hold
the City of Onalaska harmless and indemnify the City of Onalaska,
its officers, agents and employees from any and all claims for bodily
injury or property damage resulting from the erection, alteration,
relocation, or maintenance of a sign or any sign work.
3.
All signs shall be properly secured, supported and braced and shall
be kept in reasonable structural condition at all times. Bolts or
screws shall not be fastened to window frames. Every sign and its
framework, braces, anchors and other supports shall be constructed
of such material and with such workmanship as to be safe and satisfactory
to the Inspection Department.
4.
All signs, including supports and attachments, shall be properly
maintained in good repair in accordance with all applicable building
codes, be kept clean and protected from the elements to prevent decay
and rust by the periodic application of weather-coating material.
The immediate surrounding premises of signs shall be maintained in
a clean, sanitary and inoffensive condition and kept free and clear
of all obnoxious substances, rubbish and weeds.
I.
Illumination of signs. The following illumination requirements
apply to all signs for which illumination is allowed including, but
not limited to, freestanding signs and other similar signs.
1.
Compliance with the electrical code.
2.
Hazards. Artificial light used in conjunction with the
lighting of any sign shall not be directed or reflected onto any structure
or constitute a hazard to the safe and efficient operation of vehicles
upon a street or highway.
3.
Shield the light source. The light source, whether internal
or external, shall be shielded from view or directed so that the light
intensity or brightness is directed away from the public right-of-way
or boundary of any residential zoning district or residentially used
property. Ground-mounted external flood lighting shall be shielded
and properly placed and directed to avoid direct visibility of the
directed light to passing motorists.
4.
Light trespass. No sign or associated luminaire shall
create light spillover of more than 0.1 footcandles at any property
line within or bounding a residential use or district.
5.
Use of a projected light source. Illumination by a projected
light shall be an indirect spotlight or gooseneck downlight. External
lighting fixtures shall not cast light or glare in any direction other
than on the elements of the sign. Such lighting shall be placed so
as to provide even illumination to the signage and to avoid hot spots
or dark areas on the signage.
6.
Prohibited illumination. A sign shall not:
a.
Be illuminated by flashing, intermittent or moving lights;
b.
Contain or display animated, moving video or scrolling advertising;
c.
Display messages for a period of less than eight seconds and
use transitions or frame effects with an interval of more than two
seconds;
d.
Include audio, pyrotechnic, or bluecasting (Bluetooth advertising)
components;
e.
Consist of a static image projected upon a stationary object;
or
f.
Be a mobile sign located on or attached to a truck or trailer.
7.
Luminosity.
a.
Daytime. During the daytime, based on normal daytime
illumination, a maximum limit of 5,000 nits is permitted to keep luminous
signage balanced with the surrounding landscape.
b.
During nighttime hours, a maximum luminosity is limited to 350
nits.
c.
If the nighttime luminance setting and limit is based on the
sign in question being set to display full white, full brightness
field, a limit as high as 400 nits for this method of calibration
and testing is suitable.
d.
Incremental luminance limits between the nighttime limit and
the full sunlight shall require automatic luminance controls for overcast
or foggy days and for dawn and dusk hours by means of automatically
controlling sign luminance based on the ambient lighting conditions,
to restrict luminance between the sunny day and night maximum luminosity
range.
e.
Surface luminosity measurements should be made directly with
a calibrated luminosity meter, following the instruments manufacturer's
instructions. Readings should be taken from the area where the sign
in question will be visible from and which is closest to being directly
in front of the sign (where the luminosity outpost is most focused).
8.
Safety. Electronic message centers and digital billboards
shall:
a.
Include systems and monitoring to either turn the display off
or show "full black" on the display and contain a default mechanism
that freezes the sign in one position at the maximum illumination
in the event of malfunction; and
b.
Be designed so if a catastrophic power surge occurs, the sign
will go dark or it will have maximum brightness limitations in place;
and
c.
Automatically adjust the intensity of its display according
to natural ambient light conditions.
A.
Landscape features such as plant materials, berms, boulders, fencing,
masonry columns and similar design elements unincorporated or in conjunction
with the freestanding signs are encouraged.
A.
Special exceptions to this Title may be granted by the Plan Commission,
with appeals of a Plan Commission determination made to the Common
Council.
A.
Signs eligible for characterization as legal nonconforming. Any permanent existing sign located within the City of Onalaska
of the date of adoption of this Title hereafter which does not conform
with the provisions of this Title is eligible for characterization
as a legal nonconforming sign and is permitted, providing it meets
the following requirements:
1.
The sign was covered by a proper sign permit prior to the date of
adoption of this Title; and
2.
If no permit was required under the applicable law for the sign in
question and the sign was, in all respects, in compliance with applicable
law on the date of adoption of this Title.
a.
Continuation of legal nonconforming signs.
i.
Nonconforming signs shall be maintained and repaired in a manner
so as to comply with safety standards within this Title.
ii.
Nonconforming signs shall not be altered or moved to a new location
without being brought into compliance with the requirements of this
Title. See Subsection A.2.b., below, for what would constitute an
alteration of a sign.
b.
Alteration of nonconforming signs.
i.
For the purpose of this Title, alteration of a sign is considered
to be any change to the sign's frame, supporting structure, lighting,
material, height, location, or any other alterations as determined
by the Zoning Administrator or designated authorized agent.
ii.
Altering a sign does not include maintaining the existing appearance
of the sign face, replacing the sign face or the supporting structure
with identical materials, colors, and messages, or changing the sign
face.
c.
Loss of legal nonconforming status. A sign loses
its nonconforming status if one or more of the following occurs:
i.
If said sign is damaged by fire, flood, explosion, earthquake,
war, riot or act of God, or structurally altered as noted in Subsection
A.2.b.i. above, except for activities noted in Subsection A.2.b.ii.
above. The sign may be reconstructed and used as before if it is reconstructed
within three months after such calamity, unless the damage to the
sign is 50% or more of its replacement value, in which case the sign
shall be brought into compliance with the requirements of this Title.
If the sign is not reconstructed within three months, the sign shall
be removed.
ii.
The sign is relocated so as to be a minimum of five feet from
a parcel line (off the right-of-way) and is outside the required vision
triangle as specified in the Unified Development Code.
iii.
The sign fails to conform to the City requirements
regarding maintenance and repair, abandonment or dangerous or defective
signs.
iv.
On the date of occurrence of any of the above activities, the
sign(s) shall be immediately brought into compliance with this Title
with a new sign permit secured therefor or shall be removed.
A.
Vacation of a building, portion of a building, structure or site
shall have the following effect:
1.
At 90 days, nonconforming signs shall lose their legal nonconforming
status.
2.
At 90 days, the owner of the property shall take action regarding
any signage/signage structures associated with the vacancy and either
removal all such signage and structures associated with the vacancy
or replace the face of such signage with a blank sign face (no sign
permit required).
3.
Sign structures that have been left without modifying the sign face
for a continuous period of 90 days shall be deemed abandoned and shall
be removed by the owner of the sign structure in accordance with the
standards set forth in Section 14.01.31.K, Removal of signs.
