[HISTORY: Adopted by the Town Board of the
Town of Winneconne 7-21-2005. Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, safety and general welfare by:
A.
Promoting well-maintained and attractive signage within
the Town;
B.
Providing for adequate business identification, advertising,
and communication; and
C.
Protecting the safety and efficiency of the Town's
transportation network by reducing confusion or distractions to motorists
and enhancing motorists' ability to view pedestrians, obstacles, other
vehicles and official traffic signs, signals, or devices by minimizing
a proliferation of messages for the motorist.
All signs are prohibited in all residential,
agricultural, commercial, and industrial districts except as follows:
A.
Signs over show windows or doors of a business establishment
announcing without display or elaboration only the name and occupation
of the proprietor and not to exceed two feet in height and 10 feet
in length.
B.
Real estate signs which advertise the sale, rental
or lease of the premises, and political campaign signs when they are
temporarily located. The sign is not to exceed four square feet.
C.
Name, occupation and warning signs not to exceed two
square feet located on the premises.
D.
Bulletin boards and identification signs for public,
charitable or religious institutions, apartments, planned residential
developments and subdivisions and model homes, in residential districts,
provided they:
(1)
Are on premises.
(2)
Do not exceed 32 square feet in area except model
homes not to exceed 16 square feet in area.
(3)
Are located a minimum of 10 feet from the right-of-way.
(4)
Conform to the other yard requirements of the basic
district.
(5)
Do not exceed in height 10 feet above the crown of
the road.
(6)
Meet distance requirements of freestanding business
signs.
(7)
Are limited to the number of signs specified for on-premises
business signs.
E.
Memorial signs, tablets, names of buildings, or date
of erection when cut into masonry surface or when constructed affixed
flat against a structure shall not exceed four square feet.
F.
Official signs (municipal), such as traffic control,
parking restrictions, information and notices.
G.
Temporary signs or banners when authorized by the
Board of Appeals.
H.
Farm names and identification signs in all agricultural
districts not to exceed 32 square feet.
I.
Signs in existence before the adoption of this chapter.
K.
Temporary signs not to exceed four square feet advertising
yard sales or rummage sales.
A.
On-premises business signs are permitted in all commercial
and industrial districts.
B.
Temporary and mobile mounted signs are permitted in
commercial and all industrial districts.
C.
Business signs clearance standards:
(1)
Projecting signs shall not be less than 10 feet above
the grade nor 15 feet above a driveway or an alley.
(2)
Freestanding signs.
(a)
Located above a walkway or driving area: the
bottom of the sign shall not be less than 10 feet above a walkway
nor less than 15 feet above a driveway or an alley.
(b)
Located within 100 feet of the center line of
the intersection of two streets: the bottom of the sign shall not
be less than 10 feet above existing grade or grade of existing structure.
(c)
Located within 30 feet of a driveway center
line and road right-of-way: the bottom of the sign shall not be less
then 10 feet above existing grade or grade of existing structure.
D.
Business sign standards.
(1)
Street: Minimum ten-foot setback, unless otherwise
specified in conditional use approval.
(2)
Size. The area of all faces combined, per side, shall
not exceed 100 square feet. Signs designed to have more than two sides
shall reduce the overall area of all sides combined to not exceed
200 square feet total, with no one side exceeding 100 square feet,
all faces combined. Size may be increased to 150 square feet, per
side, all faces combined, for a corner lot if the owner agrees to
limit the number of signs to one.
(3)
Height, maximum: 35 feet above the crown of the road.
A.
Signs existing at the time of adoption of this chapter
which do not conform to the provisions of this chapter must conform
to the provisions of this chapter within 12 months of adoption of
this chapter. These signs shall adhere to the provisions of this chapter
and to the following:
B.
Two or more signs located closer than the distance
standards indicated in this chapter shall become nonconforming for
the purposes of this section, regardless of which sign was erected
first and regardless of whether the nearest sign measured from is
located outside of Town zoning jurisdiction.
Signs shall not resemble, imitate, or approximate
the shape, size, form or color of railroad or traffic signs, signals
or devices. Signs shall not obstruct or interfere with the effectiveness
of railroad or traffic signs, signals, or devices. No sign shall be
erected, relocated, or maintained so as to prevent free ingress to
or egress from any door, window, driveway, or fire escape; and no
sign shall be attached to a standpipe or fire escape. No sign shall
be placed so as to obstruct or interfere with traffic visibility.
External illuminated signs shall be lighted by white light only; no
sign shall flash, oscillate, or rotate, except public service time
and temperature signs. External illumination shall be shaded, shielded,
or directed from surrounding properties and vehicular traffic and
shall not illuminate upward beyond the face of the sign.
A.
Dilapidated and unmaintained signs. Signs allowed
by this chapter shall be maintained in a safe, presentable and good
structural condition at all times, including replacement of defective
parts, painting, repainting, cleaning and other acts required for
proper maintenance of the sign. Signs that are determined by the Town
to be dilapidated, unmaintained and/or unsafe shall be subject to
the razing provisions of § 66.05, Wis. Stats.
B.
Abandoned signs shall be removed by the owner or lessee
of the premises, when, for a business sign, the business it advertises
is no longer conducted, and for an advertising or directional sign,
when lease payment and rental income are no longer provided. If the
owner or lessee fails to remove the sign, the Town shall give the
owner 60 days' written notice to remove said sign. Upon failure to
comply with this notice, the Town may cause removal to be executed,
the expenses of which will be assessed to the tax roll of the property
on which the abandoned sign is located.
Business signs shall be allowed at a distance
of one business sign per lot of record; except, where the business
has frontage on multiple roadways, the frontage on each roadway shall
be allowed one business sign.
A.
The Town shall designate the Building Inspector to
administer and enforce the terms and conditions of this chapter and
all other provisions relating to signs.
B.
Town powers. The Town shall have the power and authority
to administer and enforce this chapter. Included among such powers
are the following specific powers:
(1)
Upon presentation of proper identification to the
sign owner or owner's agent, the Town may enter the sign area for
purposes of inspecting the sign, sign structure, and any fasteners
securing the sign to a building or support. In cases of emergency
where imminent hazards to persons or property are known to exist,
and where the sign owner or owner's agent is not readily available,
the Town may enter the sign area for purposes of inspection or remediation.
When on private property, the Town shall observe rules and regulation
concerning safety, internal security, and fire protection. If the
Town is denied admission to inspect any sign, inspection shall be
made only under authority of a warrant issued by a court of proper
jurisdiction, When applying for such warrant, the Town shall submit
an affidavit setting forth a belief that a violation of this chapter
exists with respect to a particular sign, and the reasons for forming
this belief. The affidavit shall designate the place and name of the
person believed to own or possess the sign. If the court finds probable
cause exists for the search of the sign, or supporting structures,
then a warrant authorizing the search shall be issued. The warrant
shall describe the property with sufficient certainty to identify
the same. This warrant shall constitute authority for the Town to
enter the sign area and to inspect the property.
(2)
Upon issuance of a stop order from the Town, work
on any sign that is being conducted in any manner contrary to this
chapter shall be immediately stopped. This notice and order shall
be in writing and shall be given to the owner of the parcel, the sign
owner, or to the person performing the work. The stop order shall
state the conditions under which work may be resumed. The Town police
shall have authority to enforce a stop order.
(3)
If the Town has determined that a violation has occurred,
the owner shall have 30 days to bring the sign into compliance or
remove the sign.
(4)
A sign installed after the effective date of this
chapter, and not conforming to this chapter, shall be removed by the
owner. The sign owner shall not be entitled to compensation for the
sign removal and shall reimburse the Town for any cost incurred in
connection with the removal.
(5)
Any person violating any provision of this chapter is punishable under § 1-4 of this Code and shall be issued a citation with a forfeiture of not less than $50 and not more than $500 for each violation. Each day, subsequent to the thirty-day period allowed for corrective action, shall constitute a separate violation. In addition, the Municipal Attorney is authorized to adjudicate the offense with a summons and complaint and to take any other action, legal, injunctive and equitable, to assure compliance with this chapter.
Appeals to the determination of the Town may
be made in writing directly to the Board of Appeals who shall hear
the appeal within 60 days. Variances may be granted if all of the
following criteria are fulfilled:
A.
The circumstance are not of the applicant's making.
B.
The applicant's request mitigates unusual site conditions.
C.
The applicant's request would not create a detriment
to the neighborhood or reduce property value.
D.
The applicant's request is consistent with the spirit
and intent of this chapter.
E.
Without a variance, the applicant would experience
a hardship and cannot make any reasonable use of the property.
A.
Severability. This chapter, and its parts, are declared
to be severable. If any section, clause, provision, or portion of
this chapter is declared invalid or unconstitutional by a court of
competent jurisdiction, this decision shall not affect the validity
of the chapter as a whole. All parts of the chapter not declared invalid
or unconstitutional shall remain in full force and effect.
B.
Conflict. If any part of this chapter is found to
be in conflict with any other ordinance or with any other part of
this chapter, the most restrictive or highest standard shall prevail.
If any part of this chapter is explicitly prohibited by federal or
state statute, that part shall not be enforced.
