The purpose of this article is to establish
minimum standards to safeguard life and property and promote public
welfare and community aesthetics by regulating the appearance, construction,
location and maintenance of all signs, awnings, canopies and billboards.
The provisions herein contained shall be binding alike upon every
owner of a building, every tenant and every person in charge of or
responsible for or who causes the construction, repair, relocation
or alteration of any outdoor sign and other advertising structures
in the City of Weyauwega; painting, posting and general maintenance
are excepted.
The following definitions are used in this article:
(Note: Not all types of signs defined herein are permitted under this
article.)
A sign which no longer correctly advertises a bona fide business,
owner, landlord/tenant, product or activity conducted or product available
on the premises where the sign is displayed or elsewhere.
Any sign or part of a sign which changes physical position
by movement or rotation or gives the illusion of such change of physical
position.
The entire area within a single continuous perimeter composed
of squares or rectangles which enclose the extreme limits of an advertising
message, announcement, or decoration.
The perimeter which forms the outside shape, but excluding
the necessary supports or uprights on which the sign may be placed
unless they are designed as part of the sign. If the sign consists
of more than one section or module, all areas will be totaled. The
area of an irregularly shaped sign shall be computed using the actual
sign face surface.
A movable hood or cover which projects from the wall of the
building and which can be retracted, folded or collapsed against the
face of a supporting structure. For purposes of this article, an awning
sign is any awning. Decorative awnings without lettering or imagery
are not considered signs.
A banner sign is generally constructed of a flexible, nonrigid
material (i.e., canvas, cloth, plastic, etc.) upon which goods, events
or advertising has been placed and mounted to a pole or a building
by a permanent frame at one or more edges. National flags, state or
municipal flags, or the official flag of any institution or business
shall not be considered banners.
A freestanding flat surface, as of a panel, wall or fence,
on which signs are posted advertising goods, products, facilities,
or services not necessarily on the premises where the sign is located
or directing persons to a different location from where the sign is
located.
The unreasonable obstruction of view of a sign caused by
the placement of another sign.
The horizontal, linear dimension of that side of a building
which faces a street, a parking area, a mall, or other circulation
area open to the general public and having either a main window display
of the enterprise or a public entrance to the building. (In industrial
districts a building side with an entrance open to industrial employees
also shall qualify as a building front.)
A sign used for the purpose of notification to the public
of an event or occurrence of public interest, such as a church service,
political rally, civic meeting or other similar event.
Any structure of canvas, other fabric, plastic, metal or
wood or other material, which is permanently attached to any exterior
building wall in any manner, intended to shield any wall, window,
door, sidewalk or roadway from sun, rain or any other element and
which is not retractable such as an awning.
Any sign attached to or constructed in, on or under a canopy.
For the purpose of this article, canopy signs shall be controlled
by the rules governing projecting signs.
A sign such as a manual, electronic or electric-controlled
time and temperature sign, message center, or reader board, whether
electronic or manual, where copy changes. Any sign may be, or include
as part of it, a changeable message sign.
The geometric area in square feet that encloses the actual
copy message of the sign.
Any sign that directs the movement or placement of pedestrian
or vehicular traffic on a lot and does not contain any advertising
copy.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories. Directory signs shall be encouraged for use with advertising
of multiple-occupied commercial and industrial buildings.
The area made available by the sign structure for the purpose
of displaying the advertising message or which is intended to draw
attention to the advertising message.
The distance from the exterior wall surface of the building
to the outer extremity of a sign attached to a building.
Any sign containing internal electrical wiring which is attached,
or intended to be attached, to an electrical energy source.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphics, time, date, temperature,
weather or information concerning civic or charitable events or the
advertising of products or services for sale on the premises. This
also includes traveling or segmented message displays.
[Amended 7-19-2010 by Ord. No. 2010-02]
Any directly or indirectly illuminated sign on which artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
See definition for "wall sign."
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
The elevation or level of the sidewalk closest to the sign
to which reference is made. If no sidewalk is present, then grade
shall be defined as the elevation or level of the street at the same
point, measured at the street's center line.
The area of a sign determined by using the viewable outside
perimeter dimensions of the sign. If the sign consists of more than
one module or section, their areas will be totaled. If the modules
are formed in the shape of letters or symbols, the rules for "area
of copy" apply.
[Amended 8-21-2023 by Ord. No. 2023-5]
A sign supported by poles, uprights or braces extending from
the ground or an object on the ground but not attached to any part
of any building. Also known as a "freestanding sign."
The vertical distance measured from the mean center-line
street grade to the highest point of the sign or, if the sign and
sidewalk are not in essentially parallel planes, then measured vertically
at the horizontal midpoint of the sign.
Any sign which carries only the name of the firm, major enterprise,
institution or principal products offered for sale on the premises
or combination of these.
An internally illuminated awning fabricated from a translucent
material or one which is backlighted as to appear to illuminate the
awning sign. An illuminated awning may be used for an awning sign
when other requirements are met.
An internally illuminated canopy or one which is backlighted
as to appear to illuminated the canopy sign.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign that is illuminated from a source outside of the actual
sign.
A sign which serves as common or collective identification
for two or more businesses or industrial uses on the same lot. Such
sign may contain a directory to said uses as an integral part thereof.
Any sign which was already in existence and displayed on
the effective date of this article and which met code requirements
when originally installed but not meeting the requirements and limitations
of this article.
A permanent roof-like structure projecting beyond a building
wall at an entrance to a building or extending along and projecting
beyond the building's wall and generally designed and constructed
to provide protection against weather.
Any sign attached to or constructed in a marquee.
Any sign which does not conform to the regulations of this
article.
Any sign, device or display which advertises goods other
than those commonly available or services other than those commonly
performed on the premises on which the sign is located.
A sign identifying or advertising a business, person, activity,
goods, products or services located on a premises where the sign is
installed and maintained.
A sign painted directly onto a building wall.
Any sign displaying a candidate for an election or a current
referendum's or election's subject matter.
Any sign not permanently attached to the ground or a building
which is designed to be easily moved from one location to another.
A sign other than a wall sign which projects from a wall
or roof and is supported by a wall or roof of a building. (See "wall
sign.")
Any freestanding sign mounted on a pole or other pylon.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
The highest point on any building where an exterior wall
encloses usable floor area, including roof area provided for housing
mechanical equipment.
A sign erected upon or above the roofline or parapet of the
building or structure.
A hinged or unhinged A-frame portable sign which is generally
temporary in nature and placed near the roadway.
Any object or device or part thereof situated outdoors or
indoors which is used to advertise, identify, display, or direct or
attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, motion,
illumination or projected images.
Any person, partnership or corporation engaged in whole or
in part in the business of erection or maintenance of signs, excluding
the business which the sign advertises.
That person charged with the responsibility to see that signage
in the community is installed and maintained in compliance with this
article. In the City of Weyauwega, the Sign Inspector will be the
Zoning Administrator.
A building permit issued for the erection, construction,
enlargement, alteration, moving, improvement, removal, conversion
or demolition of any sign, issued pursuant to this article and the
Building Code of the City of Weyauwega.[1]
Any supports, uprights, braces and framework of the sign
which do not include any portion of the sign message.
A sign identifying a subdivision wherein only the name of
the subdivision is specified.
A sign installed on an arm or mast or spar that is not, in
addition, permanently fastened to an adjacent wall or upright pole
to limit or prevent free swinging.
Any sign which is erected or displayed for a limited period
of time not to exceed 30 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed 32 square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this article, a portable sign is not a temporary sign.
Any sign which advertises or directs attention to a business,
commodity, service or activity conducted, sold or offered elsewhere
than on the lot on which said sign is located.
An electrically controlled sign displaying time and temperature
for public service information and which may be incorporated into
a business identification sign.
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 16 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way. For purposes of this article, "window sign"
shall not include any sign permanently attached in the window or directly
painted on the glass.
A.
Permit required.
(1)
Except for those specified in § 530-63, no sign, billboard, awning or canopy, as defined in this article, shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article.
(2)
Signs also shall meet all other structural requirements
of other applicable codes and ordinances of the City of Weyauwega.
(3)
Signs shall not be erected or altered until a permit
has been issued by the Zoning Administrator. "Altered" shall be defined
as any modification in the size, height, dimensions, location or mounting
of a sign other than routine maintenance.
(4)
The required sign permit fee shall accompany each
sign application and shall be required for all new signs and any modifications
of any existing sign face or sign structure.
(5)
Any sign permit granted hereunder may not be assigned
or transferred to any other sign or modified sign face or sign structure.
B.
Application for a permit. Any person, firm, corporation
or organization desiring to place, erect, alter or relocate a sign,
as herein defined, except an exempt sign, shall make application to
the Zoning Administrator and shall provide in writing the following
information:
(1)
The name, address and telephone number of the applicant.
(2)
The name and address of the owner or owners of the
premises upon which the sign is to be attached or erected, including
written proof of consent from the owner of the property upon which
the sign is to be erected and maintained.
(3)
The street number and street name or tax parcel number
of the land upon which the sign is to be attached or erected.
(4)
A legible scaled drawing with description and dimensions
of the sign to be erected or maintained under that permit and the
sign's proposed location on the building or site.
(5)
The basic materials to be used in the construction
of the sign.
(6)
The name, address and telephone number of the owner
of the sign if he or she is neither the applicant nor the owner of
the premises on which the sign is to be attached or erected.
(7)
A description of all electrical equipment if the sign
is to be lighted or illuminated.
(8)
Proof of payment of the appropriate sign permit fee,
when required.
(9)
Any other item of information that may be reasonably
required by the Zoning Administrator or other City officials for the
purpose of application evaluation.
C.
Plan Commission application review. If the application
is complete and the sign conforms to the basic requirements of this
article, the following actions shall be taken:
(1)
If the sign is less than six square feet in area,
the Zoning Administrator may issue a permit.
(2)
If the sign is larger than six square feet, the sign shall be reviewed by the Plan Commission, except those signs designated in § 530-66.
(3)
The Plan Commission shall review all applications within 30 days of submittal. The Plan Commission shall review the applications and apply the established sign design review guidelines prescribed in Subsections D and E. If the Plan Commission cannot act to approve, deny or to agree with the applicant to extend the time within the thirty-day review period, the Zoning Administrator shall be authorized to act on the application using the established sign design review guidelines.
D.
Basis for granting. In reviewing a sign permit application, the Zoning Administrator and/or Plan Commission may consider the following factors in deciding whether or not to grant the issuance of a sign permit (see also Subsection E below):
(1)
Whether the sign is designed, installed, and maintained
to promote the surrounding environment desired by the general public,
pursuant to the objectives of proper design and zoning criteria.
(2)
Whether the sign is designed, constructed, installed,
or maintained in such a manner that it does not endanger public safety
or traffic safety.
(3)
Whether the sign is legible, readable, and visible
in the circumstances in which it is to be used.
(4)
Whether the sign, including size, height, illumination
and location, is respectful of reasonable rights of other advertisers
whose messages are displayed in the area.
(5)
Whether the sign is in compliance with the provisions
of this article.
(6)
Whether the sign is in compliance with the provisions
of the City of Weyauwega Code of Ordinances relating to traffic safety,
traffic visibility setbacks, historic preservation and zoning.
E.
Sign design review guidelines. In addition to the criteria established in Subsection D above, the following sign design review guidelines shall be used by the Plan Commission in acting on sign permit applications and by the Board of Appeals in acting on appeals or variance requests:
(1)
Any signage affixed to a building should be dimensioned
and located in such a manner that it fits the building's architectural
features and proportions.
(2)
All signs should be designed to fit the zoning and
status character of the surrounding area. Special consideration should
be made where proposed signage is located on or adjacent to locally
identified historic structures or publicly owned recreation and conservancy
areas. Signage in special planning areas, such as the downtown, or
historic preservation areas will be required to conform to the planned
dominant architectural theme of the area. Signage in or abutting residential
properties should be designed and located so as not to create a residential
nuisance.
(3)
As a general guideline and where feasible, ground-mounted,
freestanding signs larger than six square feet shall be located at
least 100 feet apart.
(4)
Signs illuminated by floodlight or spotlights must
be positioned in such a manner that none of the light spills over
onto an adjoining property or glares or shines into the eyes of motorists
or pedestrians and may not exceed three footcandles at the lot line.
(5)
As a general guideline, the number of colors and materials
should be kept to a minimum.
(6)
Landscape features will be encouraged as part of all
ground-mounted signs. Landscape plantings or other landscape materials
will not be counted as part of the allowable signage area.
F.
Permit issuance or denial.
(1)
All sign permit applications shall be reviewed by
the Zoning Administrator, who shall deny or grant such applications
or refer the application to the Plan Commission within 10 business
days of receipt of the complete application and payment of the fee.
If the sign meets the requirements of this article, all other ordinances
of the City and the approval of the Plan Commission as established
herein, the Zoning Administrator shall issue a permit therefor.
(2)
If the sign permit is denied by the Zoning Administrator
or Plan Commission, within five days a written notice of the denial
shall be provided to the applicant, together with a brief written
statement of the reasons for the denial.
(3)
No permit for a sign issued hereunder shall be deemed
to constitute permission or authorization to maintain an unlawful
sign, nor shall any permit issued hereunder constitute a defense in
an action to abate an unlawful sign.
G.
Inspection. The applicant shall, upon completion of
the installation, relocation or alteration of the sign, notify the
Zoning Administrator, who may inspect the premises to inspect whether
the sign complies with the regulations of this article.
H.
Appeal of denial of sign permit.
(1)
Any decision of the Plan Commission or Zoning Administrator
under this article may be appealed to the Board of Appeals. A request
for an appeals hearing shall be made in writing to the Zoning Administrator
within 30 days of the date of permit denial.
(2)
A majority vote of the Board of Appeals is required
to modify the earlier determination of the Zoning Administrator or
Plan Commission.
I.
Permit revocation; appeal.
(1)
A sign permit may be revoked by the Zoning Administrator
in the event that the applicant has failed to comply with the provisions
of these regulations or any conditions that may have accompanied the
permit at the time of granting.
(2)
The holder of a revoked sign permit may appeal such
revocation action to the Board of Appeals. A request for an appeals
hearing shall be made in writing to the Zoning Administrator within
30 days of the date of the original permit revocation.
(3)
Upon any permit revocation or failure to prevail before
the Board of Appeals, the sign(s) subject to such revoked permits
shall be removed by the licensee within 30 days of such revocation.
(4)
Revocation shall not give cause to a right of total
or partial reimbursement of license fees paid.
J.
Standards for Board of Appeals in reviewing appeals.
The Board of Appeals may authorize upon appeal, in specific cases,
issuance of a sign permit when such decision will not be contrary
to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this article will result in unnecessary
hardship and so that the spirit of this article shall be observed
and substantial justice done. No Board of Appeals appellate decision
shall have the effect of allowing in any district uses prohibited
in that district or permit standards significantly lower than those
required by state law or this article.
K.
Stay of proceedings during appeals. An appeal shall
stay all legal proceedings in furtherance of the action appealed from,
unless the Zoning Administrator certifies to the Board of Appeals
that, by reason of facts stated in the certificate, a stay would,
in his/her opinion, cause immediate peril to life or property. In
such cases, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by a court of
record on application, on notice to the Zoning Administrator and on
due cause shown.
M.
Permit validity. Any sign permit issued by the Zoning
Administrator shall be null and void and automatically revoked in
the event that construction, installation, or manufacture of the sign
has not been commenced within 180 days from the date of the issuance
of such permit. 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. A new permit shall
first be obtained to complete the work, and a new permit fee shall
be required.
The following signs may be erected and maintained
in all zoning districts, except where noted, without a permit and
without being deducted from gross sign surface area permitted:
A.
Bulletin boards. One bulletin board per street frontage,
and not over 32 square feet in area, for public, charitable or religious
institutions located on site.
B.
Government signs. Government signs for control of
traffic and other regulatory purposes, danger signs, railroad crossing
signs, and signs of public utilities indicating danger, and aids to
service or safety which are erected by or on the order of a public
officer in the performance of his/her public duty. Included within
this definition are off-premises institutional signs.
C.
Interior signs. Signs located within the interior
of any building or structure which are not visible from the public
right-of-way.
D.
Memorial signs. Memorial signs or tablets, names of
buildings and date of erection when cut into any masonry surface or
inlaid so as to be part of the building.
E.
Occupant signs. Signs limited in content to name of
occupant, address of premises, and signs of danger. Occupant signs
shall be a maximum of one per street front and no more than three
square feet in sign area.
F.
Governmental notices. Official governmental notices
and notices posted by governmental officers in the performance of
their duties and governmental signs to control traffic or for other
regulatory purposes or to identify streets or to warn of danger.
G.
Temporary construction safety signs. Temporary or
permanent signs erected by public utility companies or construction
companies to warn of dangerous or hazardous conditions.
H.
Traffic and service signs on private premises. Traffic
and parking signs and devices privately owned and on private premises
and containing messages such as "exit only," "restricted for _____,"
and the like, the sole purpose of which is to direct and control traffic
on the premises and which does not exceed 10 feet in height nor contain
more than 12 square feet per face. Signs designating entrances, exits,
service areas, parking areas, rest rooms and other such signs relating
to functional operation of the building or premises shall be permitted
without permit under this exception.
I.
Signs required by law. Signs required by law, statute
or ordinance, constructed and maintained according to the law, statute
or ordinance under which the sign was erected.
J.
Real estate signs. One sign per street frontage may
be placed on the offered property and shall not be more than seven
square feet in size for residential property and not more than 32
square feet in area for nonresidential property. The sign may only
advertise the sale, rental or lease of the premises upon which it
is located and contain the name and/or logo of the real estate company
or individuals, and their respective addresses and telephone numbers,
posting the sign. Such signs shall be removed within 30 days after
sale, rental or lease of the property.
K.
Signs in display windows. Signs in the display window
of a business which relate to services or products offered therein.
This display sign exception is only permitted for properties in the
following zoning districts: B-1 General Business District and B-2
Highway Business District. The window sign must direct attention to
a business or profession conducted on the premises or to a product,
service or entertainment sold or offered on said premises. Window
signs shall be placed only on the inside of commercial buildings and
shall not exceed 35% of the glass area of the pane upon which the
sign is displayed.
L.
On-premises symbols or insignia. Religious symbols,
commemorative plaques of recognized historic agencies, or identification
emblems of religious orders or historical agencies.
M.
On-premises temporary and portable signs in residential
districts. Temporary or portable signs under 20 square feet for the
purpose of an on-site open house, model home demonstration, or special
event such as a birthday or anniversary, and for five days thereafter,
but may not exceed a total period of 30 days per twelve-month period.
N.
Civic event temporary signs. Temporary off-premises
signs not exceeding 16 square feet in residential or public lands,
or 75 square feet in the B-1, B-2, I-1, I-2 Districts, pertaining
to drives or events of civic, philanthropic, educational, religious,
or nonprofit organizations, provided that such signs are posted not
more than 30 days before said event and removed within seven days
after the event.
[Amended 12-15-2003 by Ord. No. 2003-03]
O.
Political signs. Political message, public election
or referendum signs during an election campaign, as defined in § 12.04(1),
Wis. Stats., limited to one per premises per candidate or referendum
question. Said sign shall be a maximum of 16 square feet. Political
signs must be removed within seven days after said election.[1]
P.
Rummage or garage sale signs. Rummage or garage sale
signs not to exceed eight square feet in area, but use of this type
of sign shall be limited to 72 hours per sale. Rummage or garage sale
signs may only be located on the day of the garage sale within street
right-of-way lines between the private property line and the pavement
edge with the permission of the adjoining private property owner or
renter in a location which does not create a visibility or traffic
hazard (as determined by the Zoning Administrator or a law enforcement
officer).
Q.
Open/closed signs. Illuminated and nonilluminated
signs not exceeding 10 square feet in area announcing that a business
is open or closed.
In addition to those permitted signs not requiring a permit pursuant to § 530-63, the following nonflashing, nonilluminated signs (except as otherwise provided) are permitted under the conditions specified in all residential districts and planned unit developments (residential) established by this chapter:
A.
Temporary signs accessory to subdivision developments
or other permitted improvements in residential districts, subject
to the following:
(1)
Content. The signs shall be only for the purpose of
identification of homes for sale or rent in the subdivision under
construction, of lots for sale, or for the identification of other
nonresidential uses under construction.
(2)
Area, number and setback. Such signs shall not exceed
two in number for each subdivision nor 50 square feet each in area.
They shall observe the front yard requirement of the principal use
and shall be located at least 50 feet from all other boundaries of
the site.
(3)
Height. No sign shall project higher than eight feet
above curb level.
(4)
Time limitations. The sign or signs shall be removed
by the applicant or property owner within two years of the date of
the issuance of a sign permit or when the parcels being advertised
are sold, whichever occurs first.
B.
Permanent subdivision identification signs, subject
to the following:
(1)
Content. The signs shall bear only the name of the
subdivision or development.
(2)
Area and number. There shall be not more than two
signs located at each entrance to a subdivision. No sign shall exceed
32 square feet in area. Such identification signs shall only be erected
after review and approval by the Zoning Administrator.
(3)
Height. No sign shall project higher than 12 feet
above curb level.
(4)
Location. The location of any such sign shall be at
the discretion of the Zoning Administrator based upon the character
of the area and the type and purpose of the sign.
C.
Nonflashing, illuminated church bulletins, subject
to the following:
(1)
Area and number. There shall be not more than one
sign per lot, except that on a corner lot two signs (one facing each
street) shall be permitted. No sign shall exceed 32 square feet in
area nor be closer than five feet to any lot line.
(2)
Projection. No sign shall project beyond the property
line into the public right-of- way.
(3)
Height. No sign shall project higher than one story
or 15 feet above the curb level, whichever is lower.
D.
Bed-and-breakfast signs, subject to the following:
(1)
Content. The sign shall bear only the name, address
and other pertinent information regarding the bed-and-breakfast establishment.
(2)
Area and number. There shall not be more than one
sign per lot street frontage. No sign shall exceed 16 square feet
in area. Such sign shall have a ten-foot setback from a public right-of-way
or lot line.
(3)
Projection. No sign shall project beyond the property
line into the public right-of- way.
(4)
Height. No sign shall project higher than six feet
above the street level.
E.
Home occupation/professional home office signs, subject
to the following:
(1)
Content. The sign shall bear only the name, address,
hours and other pertinent information regarding the on-site home occupation
or professional home office maintained in compliance with the City's
Zoning Code.
(2)
Area and number. There shall not be more than one
sign per lot. No sign shall exceed six square feet in area. Such sign
shall have a ten-foot setback from a public right-of-way or lot line.
(3)
Projection. No sign shall project beyond the property
line into the public right-of- way.
(4)
Height. No sign shall project higher than six feet
above the street level.
A.
Permitted signs. The following signs shall require
a permit to be issued by the City of Weyauwega. Signs may be permitted
in specific zoning categories, subject to the following restrictions.
B.
Height and setback requirements. In commercial or
industrial zoning districts where setbacks are required for building
construction, no part of any sign shall extend over the property line.
In zoning districts where no front yard setbacks are required, a sign
must be attached to the building and shall project no more than four
feet over the abutting public sidewalk or established street grade.
C.
Number of signs permitted.
(1)
Total number. Except as otherwise provided below,
no more than two signs of any type shall be located at any business,
except that premises occupied by a shopping center may, as an alternative,
have one detached directory sign plus one wall sign for each place
of business located in said shopping center, provided that the aggregate
total area of all signs located on any premises so occupied shall
not exceed the total area permitted for one detached sign and one
flat sign as set forth in this article.
[Amended 2-26-2018 by Ord. No. 2018-1]
(2)
Corner lots. Businesses with streets fronting both
sides shall be allowed two types of signs for each street frontage;
no street frontage buildings shall be allowed two of the same type
of sign for that particular business.
(3)
Multiple-block businesses. Industrial uses that have structures occupying
a block or more shall be permitted to exceed the number of signs permitted
under this section by specifying the type and number of signs requested
in the permit application. When determining whether to issue the permit
for each sign, the Plan Commission shall consider, in addition to
all other factors and requirements of this chapter, the size of the
structure(s), the amount of street frontage adjacent to the structures,
number of streets fronted by the structures, promotion of safe traffic
flow and vehicle directional information and the adequate business
identification.
[Added 2-26-2018 by Ord.
No. 2018-1]
D.
Types of signs, maximum size, number and location.
(1)
Directory signs. Directory signs advertising a business
or activity conducted, an area of interest, or a service available
at a specific location are permitted in the B-1, B-2, I-1 and I-2
Districts when a part of a City-sponsored directory sign program.
Such signs shall be not more than 35 square feet in gross area. There
shall not be more than two such signs relating to any one such use
in the approaching direction along any one highway. Such signs may
be placed at the right-of-way line of the highway. A larger number
of signs may be permitted by the Plan Commission if the Plan Commission
shall find it necessary for directing the traveling public. The Plan
Commission shall designate a uniform sign design for such directory
signs.
[Amended 8-21-2023 by Ord. No. 2023-5]
(2)
Wall signs. Wall signs are permitted in the B-1, B-2,
1-1 and 1-2 Districts. Wall signs placed against the exterior walls
of buildings shall not extend more than 16 inches outside of a building's
wall surface nor extend above or beyond the wall itself. Total sign
area (including multiple business/tenant signs on a single property)
shall not exceed one square foot for each linear foot of the building
parallel to the main street frontage. Rear or side entrance signs
are subject to the same size restrictions as that found at the principal
(front/main) entrance to the building. Signs on other building facades
(i.e., non-entrance side facades) are limited to 1/2 square foot per
linear foot of such facade. All signs attached or affixed to a building
shall not exceed 20 feet in height above the mean center-line street
grade.
(3)
Projecting signs. Projecting signs fastened to, suspended
from, or supported by a building or structure shall not exceed in
gross area for any one premises 40 square feet on each of two faces
in the B-2 Highway Business District and 40 square feet on each of
two sides in an industrial district. With the exception of existing
marquee signs of historic interest, permits shall not be issued for
new projecting signs in the B-1 General Business District in excess
of seven square feet on each of two faces. Such signs shall not extend
more than four feet into any public right-of-way, shall not exceed
a height of 20 feet above the mean center-line street grade, and shall
not be less than 10 feet above a pedestrian walk nor less than 15
feet above an alley or driveway.
[Amended 8-21-2023 by Ord. No. 2023-5]
(4)
Ground signs. Ground signs and their supporting structure
shall comply with all setback requirements of the district in which
they are located, except that ground signs in a B-2 Highway Business
District may be located up to a public right-of-way. Ground signs
shall not exceed in gross area for any one premises 40 square feet
on each side in a B-1 General Business District, 120 square feet on
each side in a B-2 Highway Business District, or 160 square feet on
each side in an I-1 or I-2 Industrial District. Such signs shall not
exceed at their highest point 20 feet in height above mean center-line
street grade. One ground sign is permitted on a street frontage, provided
that there is no pylon sign on that side. Any ground sign in a B-2
Highway Business District or I-1 or I-2 Industrial District shall
have a minimum landscaped area of 16 square feet around the base of
the ground sign.
(5)
Pylon signs. Pylon signs shall not exceed 30 feet
in height in a B-2 Highway Business District or I-1 or I-2 Industrial
District. Pylon signs shall not be placed in the B-1 General Business
District. Height is measured above the mean center-line street grade.
The sign shall be completely within the property upon which it is
located. One pylon sign per street frontage is permitted. Size is
limited to 100 square feet for one side or 200 feet for all sides.
When there exists a property zoned in a B-2 Highway Business District
with continuous road/highway frontage in excess of 300 feet, the size
is limited to 200 square feet per side or 400 square feet for all
sides. Any pylon sign shall have a minimum landscaped area of 16 square
feet around the base of the pole.
(6)
Off-premises third-party signs. Off-premises third-party signs are prohibited, except that a business in a B-2 Highway Business District may have an off-premises pylon or ground sign shared with a physically adjacent business on the adjacent business property. Such a shared sign shall comply with the dimensional requirements of Subsection D(4) and (5) above, except that the secondary sign's dimensions shall not exceed 50% of the primary sign's maximum allowable dimensions. Such signs shall share the same pylon or ground sign mountings.
(7)
Shopping center/industrial park directory signs. In
a shopping center or industrial park, one freestanding identification/directory
sign for each street upon which the development fronts may be permitted
showing the name of said center or park and represented businesses
or industries. Directory signs for shopping centers or industrial
parks are permitted as an alternative to ground signs or projecting
signs for individual stores in the shopping center or business in
the industrial park. The top of a directory sign shall not exceed
32 feet in height above the mean center-line street grade and the
bottom of the sign shall not be less than 10 feet above the sidewalk
and not more than 16 feet above a driveway or alley. Double supporting
pylons shall not be greater than 10 feet apart. That portion of the
directory sign which advertises the shopping center or industrial
park name shall not exceed 100 square feet for one side and a total
of 200 square feet for all sides. That portion of the directory sign
which advertises the individual store/business name shall not exceed
16 square feet for one side and a total of 32 square feet for all
sides. Directory signs shall meet all yard requirements for the zoning
district in which they are located.
A.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities
conducted on the premises or to present public service information.
(2)
Segmented messages must be displayed for not less
than 1/2 second and not more than 10 seconds.
(3)
Traveling messages may travel no slower than 16 light
columns per second and no faster than 32 columns per second.
B.
Portable signs/message boards. Such signs shall be
limited in use to seven days at a time following approval by the Zoning
Administrator; provided, however, that the Zoning Administrator shall
not give approval for placement of a portable sign/message board if
it presents a vision obstruction. Such signs shall not be displayed
more frequently than four times per calendar year at any one location,
not more than seven days each time. The maximum size of a portable
sign/message board shall be 10 square feet on each face, back to back.
Portable signs/message boards shall not be located in any public rights-of-way
and shall be securely fastened to prevent any hazardous condition.
C.
Searchlights. The Zoning Administrator may permit
the temporary use of a searchlight for advertising purposes in any
district, provided that the searchlight will not be located in any
public right-of-way, will not be located closer than 10 feet to an
adjacent property and will not cause a hazard to traffic or adjoining
properties. Searchlight permits shall not be granted for a period
of more than five days in any six-month period.
D.
Sandwich signs. In instances where the property owner
or business tenant in a B-1 General Business District wishes to erect
a sandwich board, there is a limit of one sandwich board per business
tenant and such sign shall not exceed four feet in height and eight
square feet per side display area. Sandwich signs may be placed only
after issuance of a sign permit and shall be placed in a manner so
as not to present a hazard.
E.
On-site banner signs. On-site banner signs, whether
permanent or temporary, are permitted by permit not exceeding 30 days.
On- site teardrop or feather flags are not permitted in the B-1 General
Business District.
[Amended 7-19-2010 by Ord. No. 2010-02; 8-21-2023 by Ord. No. 2023-5]
F.
Over-the-street banners. Over-the-street banners are
permitted for civic or community events only, by permit not exceeding
30 days.
G.
Neon signs. Exterior neon or gas illumination signs
require a sign permit.
A.
Permitted awnings. No awnings shall be erected or
maintained, except such awnings as comply with the following requirements,
and then only if the permit required hereunder is first obtained and
the same conform to the regulations of the zoning district in which
the same are to be located:
(1)
Support. Awnings shall be securely attached to and
supported by the building and shall be without posts or columns beyond
the setback line.
(2)
Height. All awnings shall be constructed and erected
so that the lowest portion thereof shall be not less than eight feet
above the level of the public sidewalk or public thoroughfare.
(3)
Awning extension from curbline. No entrance awning
shall extend beyond a point four feet from the face of a wall or building.
[Amended 12-15-2003 by Ord. No. 2003-03]
(4)
Advertising. No advertising shall be placed on any
awning, except that the name and logo of the establishment within
the building to which the awning is attached may be painted or otherwise
permanently placed in a space not exceeding eight inches in height
on the front and side edges.
B.
Permitted canopies. No canopies shall be erected or
maintained, except such canopies as comply with the following requirements,
and then only if the permit required hereunder is first obtained and
the same conform to the regulations of the zoning district in which
the same are to be located:
(1)
Support. The structural support of all canopies shall
be properly designed and be approved by the Zoning Administrator as
in compliance with the Building Code of the City. All frames and supports
shall be designed to withstand a wind pressure as provided in this
article. All canopies and awnings shall be attached to a building,
and no supports shall exist beyond the setback line between the canopy
and/or awning and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed
and erected so that the lowest portion thereof shall not be less than
eight feet above the level of the sidewalk or public thoroughfare.
(3)
Canopy extension from curbline. No entrance canopy
shall extend beyond a point four feet from the face of a wall or building.
[Amended 11-17-2003 by Ord. No. 2003-02]
(4)
Advertising. No advertising shall be placed on any
canopy, except that the name and logo of the establishment may be
painted or placed in a space not exceeding 24 inches in average height
on the front and side edges. Such name may be so painted or placed
irrespective of any prohibition otherwise applicable hereunder; provided,
however, that if such canopy shall contain more or other than the
name of the establishment in letters more than eight inches high on
the front and side edges, it shall be considered as a sign and be
subject to all the provisions hereof.
Landscape features such as plant materials,
berms, boulders, fencing and similar design elements unincorporated
or in conjunction with freestanding signs are encouraged and shall
not be counted as allowable sign area. The base of signs shall be
landscaped so as to conceal footings, mountings, brackets, and related
structural elements.
A.
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.
B.
Moving or flashing signs. No sign shall be erected
which has any flashing, rotating or brilliant intermittent parts or
lights or bare reflecting-type bulbs or utilizes a spot or beacon
light to illuminate a sign, except those giving public service information
such as time, date, temperature, weather or similar information. Public
information display signs require approval by the Plan Commission.
No signs, billboards or other advertising media which create a hazard
or dangerous distraction to vehicular traffic or a nuisance to 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,
parking and directional signs and as otherwise specified in this article.
D.
Billboards. No new billboards shall be permitted in
the City of Weyauwega after the effective date of this article. Billboards
located upon property annexed to the City and existing as of the effective
date of this article are permitted to remain unless the owner structurally
alters such billboard in any manner. If damaged, or if structural
alteration is made/required, such billboard shall be permanently removed.
However, any billboards existing as of the effective date of this
article must be removed permanently within three years following annexation,
and with such removal being agreed to in writing by the owner/lessor/lessee
thereof in writing prior to such annexation.
E.
Painted wall and other prohibited signs. Painted wall
signs are signs which are painted directly onto the surface of the
building; painted wall signs are permitted only upon issuance of a
conditional use permit in the City of Weyauwega. Without the prior
issuance of a conditional use permit, no person shall paste or otherwise
fasten any paper or other material, paint, stencil or write any number,
sign, name or any disfiguring mark within any street right-of-way,
on any sidewalk, curb, gutter, street, post, fire hydrant, pole or
tree, any other sign, building, fence or other structure, nor shall
any of said objects be defaced in any manner. No signage shall be
used except those types specifically permitted by this article.
F.
Immoral sign subjects. Signs which bear or contain
statements, words, pictures, or symbols of obscene, pornographic or
immoral subjects are prohibited.
G.
Roof signs. Roof signs are conditional uses in the
City of Weyauwega.
H.
Swinging signs. Swinging signs are prohibited.
I.
Third-party signs. Third-party signs and billboards are prohibited, except as provided in § 530-65D(6).
J.
Advertising vehicle sign configuration. No persons
shall park any vehicle or trailer on a public right-of-way or on private
properties so as to be seen from a public right-of-way which has attached
thereto or located thereon any sign or advertising device for the
basic purpose of providing advertisement of products or directing
people to a business activity located on the same or nearby property
or any other premises. Business vehicles containing typical business
signage and which are actively used on a daily basis for business
purposes are exempt from this prohibition.
K.
Floodlighted and illuminated signs. Signs may be floodlighted
or illuminated, subject to the following restrictions:
(1)
Signs which are not effectively shielded so as to
prevent beams or rays of light from being directed at any portion
of the traveled ways of a public right-of-way and which are of such
intensity or brilliance as to cause glare or to impair the vision
of the driver of any motor vehicle, or which otherwise interfere with
any driver's operation of a motor vehicle, are prohibited.
(2)
Signs which are not effectively shielded as to prevent
beams or rays of light from being directed at any residential property,
and which are of such intensity or brilliance as to cause a public
nuisance, are prohibited.
(3)
No sign shall be so floodlighted or illuminated that
it interferes with the effectiveness of or obscures an official traffic
sign, device, or signal.
A.
Nonconforming signs.
(1)
Nonconforming sign criteria. Signs existing as of the effective date of this article which do not conform to the provisions of this article are nonconforming signs and shall be subject to the provisions of this section. Nonconforming signs may be maintained. No nonconforming on-premises sign shall be altered or moved to a new location without being brought into compliance with the requirements of this article. (Refer to Subsection B below.) Compliance is the responsibility of the property owner.
(2)
New signs not permitted. Business signs on the premises
of a nonconforming use or building may be continued per this section,
but new signs for such uses shall not be allowed, nor shall they expand
in number, area, height, or illumination. New signs, not to exceed
the maximum allowable aggregate sign area, may be erected only upon
the complete removal of all other signs existing at the time of adoption
of this article.[1]
[1]
Editor's Note: Original Sec. 13-1-110(a)(3), Removal of nonconforming
signs after amortization period, which immediately followed this subsection,
was deleted 7-19-2010 by Ord. No. 2010-02.
(3)
Removal upon business termination. Nonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use or shall be removed per § 530-74. Closing businesses must remove their signs within 30 days of closing.
(4)
Change in sign user. Whenever there is a change in
the sign user (excluding off-premises signs) or owner of the property
on which the sign is located, the new sign user or new property owner
shall forthwith notify the Zoning Administrator of the change. No
new sign permit is required unless there is modification of the sign
face or sign structure.
B.
Alteration of signs.
(1)
Alteration defined. For the purpose of this article,
alteration of a sign is considered to be any change to the exterior
appearance of any part of the sign, its frame, its supporting structure,
or its lighting, including changing the message (except for marquee
or off-premises advertising signs), symbols, color, material, height
or location.[2]
[2]
Editor's Note: Former Subsection B(2), regarding an exception
for maintenance, was repealed 8-21-2023 by Ord. No. 2023-5.
C.
Loss of legal nonconforming status.
(1)
In addition to the standards in Subsections A and B above, a sign may also lose its nonconforming status if one or more of the following occurs:
(a)
If said sign is damaged by fire, flood, explosion,
earthquake, vandalism, war, riot or act of God or structurally altered
in any way, except for normal maintenance and repair, 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 reconstructed
sign shall comply with the provisions of this article, except as otherwise
provided in § 62.23(7)(hc), Wis. Stats.
[Amended 7-19-2010 by Ord. No. 2010-02]
(b)
The sign is relocated.
(c)
The sign fails to conform to the City requirements
regarding maintenance and repair, abandonment or dangerous or defective
signs.
(2)
On the date of occurrence of any of the above, the
sign shall be immediately brought in compliance with this article
with a new permit secured therefor or shall be removed.
D.
Legal nonconforming sign maintenance and repair. Nothing
in this article shall relieve the owner or user of a legal nonconforming
sign or the owner of the property on which the sign is located from
the provisions of this article regarding safety, maintenance and repair
of signs. However, legal nonconforming signs shall not be reinstalled,
reconstructed or have their useful life extended.
A.
Removal of dangerous signs. All signs shall be removed
by the owner or tenant of the premises upon which the sign is located
if in the judgment of the Zoning Administrator such sign is so old,
dilapidated or has become so out of repair as to be dangerous or unsafe,
whichever occurs first. If the owner or tenant fails to remove it,
the Zoning Administrator may remove the sign at cost of the owner,
following adequate written notice. The owner may appeal the decision
of the Zoning Administrator to the Board of Appeals.
[Amended 7-19-2010 by Ord. No. 2010-02]
B.
Abandoned signs. Except as otherwise herein provided,
all sign messages shall be removed by the owner or lessee of the premises
upon which an off-premises sign is located when the business it advertises
is no longer conducted where advertised. If the owner or lessee fails
to remove the sign, the Zoning Administrator shall give the owner
60 days' written notice to remove said sign and thereafter, upon the
owner's or lessee's failure to comply, may remove such sign, any costs
for which shall be charged to the owner of the property or may be
assessed as a special assessment against the property, and/or the
Zoning Administrator may take any other appropriate legal action necessary
to attain compliance.
C.
Violations. All signs constructed or maintained in
violation of any of the provisions of this Sign Code after the date
of adoption are hereby declared public nuisances within the meaning
of the City of Weyauwega Code of Ordinances. In addition to the penalty
provisions for violations of this article, the Zoning Administrator
or City Council may bring an action to abate the nuisance in the manner
set forth in the Wisconsin Statutes or City ordinance.
A.
Installation. All signs shall be properly secured,
supported and braced and shall be kept in reasonable structural condition
and shall be kept clean and well painted 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 Building
Inspector or Zoning Administrator.
B.
General requirements.
(1)
Construction standards. All signs, except flat signs
and those signs weighing less than 10 pounds, shall be designed, fastened
and constructed to withstand a wind pressure of not less than 30 pounds
per square foot of area and shall be constructed, attached, fastened
or anchored to adequately support the dead load and any anticipated
live loads (i.e., ice or snow) of the sign.
(2)
Projection. Signs including supports shall not interfere
with surrounding properties or traffic.
(3)
Prohibited mounting. No signs shall be painted on,
attached to or affixed to any trees, rocks, or other similar organic
or inorganic natural matter, including utility poles or apparatus.
(4)
Maintenance. All signs, including supports and attachments,
shall be properly maintained and have an appearance that is neat and
clean. All signs shall be kept in good structural condition, well
painted, and clean at all times and the immediate premises shall be
maintained in a clean, sanitary and inoffensive condition and kept
free and clear of all obnoxious substances, rubbish and weeds.
(5)
Annexed areas. All signs in newly annexed areas shall
comply with this article within three years of annexation.
Variances or exceptions to these sign regulations
may be granted by the Board of Appeals following a recommendation
from the Zoning Administrator, pursuant to the procedures of the City
Zoning Code.
A.
Construction without permit. Any person, firm or corporation
who or which begins, erects, improperly alters, or completes the erection
or construction of any sign, awning or canopy controlled by this article
prior to the granting of a sign permit shall pay a penalty double
the amount of the permit otherwise required.
B.
Compliance notice.
(1)
If the Zoning Administrator finds any sign, awning
or canopy regulated herein to be unsafe or insecure or a menace to
the public, or that it has been improperly erected, altered or maintained,
the Zoning Administrator shall give written notice to the sign owner
and to the property owner.
(2)
If such sign, awning or canopy owner fails to remove
or alter the sign, awning or canopy so as to comply with the standards
herein set forth within five days after such notice, the Zoning Administrator
may cause such sign, awning or canopy to be removed or altered at
the expense of the owner of the sign, awning or canopy or the owner
of the property upon which it is located so as to comply with the
provisions of this article, per § 66.0627, Wis. Stats.
C.
Violations and penalties. Any person who shall violate
any of the provisions of this article shall be subject to a penalty
which shall be as follows:
(1)
Any person found guilty of violating any part of this article who has previously been notified of being in violation, upon conviction thereof, shall be subject to a forfeiture as prescribed by § 530-97.
(2)
Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this article
shall preclude the City from also maintaining any appropriate action
to prevent or remove a violation of any provision of this article.
