The purpose of these sign regulations is to establish minimum standards; to encourage the effective use of signs as a means of communication in the Village; to maintain and enhance the aesthetic environment and the Village's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effects of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. The sign ordinance codified in this article is adopted under the zoning authority of the Village.
This article shall be binding upon the owner of any property upon which a sign is placed, upon any lessee of such property and upon any person who constructs or maintains signs within the Village. This article governs all signs currently in use and those hereinafter installed in the Village, subject to § 500-68 regarding nonconforming signs.
A.
A sign may be erected, placed, established, painted, created or maintained in the Village only in conformity with the standards, procedures, exemptions and other requirements of this article.
B.
The effect of this article as more specifically set forth is:
(1)
To establish a permanent system to allow a variety of types of signs in all zoning districts, subject to the standards and permit procedures of this article;
(2)
To allow certain signs that are small, unobtrusive and incidental to the principal use of respective lots on which they are located, subject to the substantive requirements of this article, but without the requirements for a permit;
(3)
To prohibit all signs not expressly permitted by this article;
(4)
To establish reasonable fees; and
(5)
To provide for enforcement of the provisions of this article.
Words and phrases used in this article shall have the meaning set forth in § 500-56. Words and phrases not defined in this article but defined in other ordinances of the Village shall be given the meaning set forth in such ordinances. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given in this section:
A sign which identifies, displays information about or otherwise relates to a purpose, event or business that has not existed or operated for a period of 60 days, or otherwise is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first.
A structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.[1]
A sign to identify a common area containing a group of structures or a single structure, such as a residential subdivision, mobile home park, apartment complex, industrial park or shopping center, located at the entrance or entrances of the area, and consisting of a freestanding sign or a fence or wall or archway with letters or symbols affixed thereto, and which does not advertise any premises or lot as vacant or for sale, lease or auction of such property.
Any sign of lightweight fabric or similar material that is mounted to a pole or a building 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 stationary or revolving light which flashes or projects illumination in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or any other federal, state or local agency.
An agent of the Village of Neshkoro authorized to permit, inspect, approve or deny construction within the Village and the authorized government representative on sign issues.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of metal or other permanent material.
A sign, not exceeding eight square feet in display area, which indicates the name of a building, dedication of the building to a person or persons, when cut into any masonry surface or when constructed of metal or other permanent material and affixed flat against a structure.
Any sign erected by a charitable, educational or religious institution or a public body which is erected upon the same property as the institution for purposes of announcing events which are held on the premises and contains no commercial message.
Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door entrance, window or outdoor service area. A marquee is not a canopy.
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, sale or sales event or other commercial activity.
Any sign which alerts persons of construction or demolition activities for a project or which describes the project or the contractors involved.
A sign which is placed on a lot with a planted crop for the purpose of identifying the type and/or brand of crop or seed planted at that location. Crop/seed identification signs shall not be considered temporary signs for the purposes of this article and are not subject to the temporary sign limitations described hereunder.
The net geometric area enclosed by the display surface of the sign including outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for freestanding signs.[2]
To build, construct, attach, hang, place, suspend or affix.
Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of government, political subdivision or other entity.
An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
A sign which is supported by structures or supports in or upon the ground and/or is independent of support from any building, and includes portable message board signs.
Any sign which advertises a private sale of personal property used to dispose of personal household possessions. Not for the use of any commercial venture.
As defined in § 340.01(22), Wis. Stats., or as amended.
Commemorative plaques, memorial tablets or emblems of historical nature, not exceeding eight square feet in display surface area.
A sign erected in conjunction with and on the premises of a home occupation.
Any sign which has characters, letters, figures, designs or outline illuminated directly or indirectly by electric lights or luminous tube.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "no trespassing," "no dumping," "entrance," "loading only," "telephone," "warning," "beware of dog" and other similar directives.
A sign which serves as common or collective identification for a group of persons or businesses operating on the same lot or subdivision (e.g., shopping center, office complex, etc.). Such sign may name the persons or businesses included but carry no other advertising matter.
An agreement by which a property owner conveys, usually for a specified rent to other persons, permissions to erect and maintain an advertising sign upon his or her property.
Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, which is recognized and intended as a unit for the purposes of transfer of ownership.
A permanent roof-like structure projecting beyond a building wall at an entrance, and generally designed and constructed to provide protection against the weather.
Any sign attached to and made part of a marquee.
A sign erected to advertise the vacancy, sale or lease of parcels or mobile homes within a new residential or commercial subdivision or development or a mobile home park.
A sign existing at the effective date of the adoption or amendment of this article which is not in conformance with the terms of this article.[3]
A sign the main purpose of which is to direct pedestrian or vehicular traffic to businesses or locations located elsewhere than upon the same lot where such sign is displayed.
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term "off-premises sign" shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.
A temporary sign utilized to identify an open house for real estate which is for sale, lease or auction.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string usually in series, designed to move in the wind.
Includes any person, firm, partnership, association, corporation, limited liability company, company or organization, singular or plural, of any kind.
A sign used in connection with a local, state or national election or referendum which shows support for a candidate or issue.
Any sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted.
A temporary sign placed upon property for the purpose of advertising to the public the sale, lease or auction of such property, and which excludes new development signs.
Any sign, including but not limited to wall signs or projecting signs, erected and constructed wholly on and over the roof of a building, supported by the roof structure.
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
A cohesive unit of stores or other commercial businesses arranged and constructed according to a plan and contained within a separate parcel of land.
Includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, mural or reading matter which is used or intended to be used to attract attention or convey information.
A sign made entirely of skeleton cutout letters attached to or painted on a building or structure.
Any temporary sign utilized for special events of charitable or service organizations.
Any sign intended to be displayed for a period of not more than 60 days in a twelve-month period or until construction or sale of property is completed, including, but not limited to, real estate, open house, political, construction and special event signs, banners, yard cards, decorative-type displays or anything similar to the aforementioned.
Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted. For the purposes of this article, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning or a building canopy shall also be considered a wall sign.
Any sign, pictures, symbol or combination thereof, designed to be temporarily placed on a residential or commercial lot, for purposes of commemorating a personal event such as a birthday, graduation or anniversary.
A.
Permit required. Except for those signs listed in §§ 500-58 and 500-59, no sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally or substantively altered without a sign permit or being in conformity with the provisions of this article. The sign shall also meet all of the structural requirements of the Village and state building codes, and electrical codes if illuminated. Routine maintenance shall not require a new permit under this section. Back-to-back signs shall constitute one sign within the meaning of this section. Except for business vehicles containing typical business signage which are actively used on a daily basis for business purposes, signs affixed to or painted on vehicles or trailers shall not be used to circumvent this section or this article.
B.
Application. Before any sign for which a permit is required by this section is erected, there shall be submitted an application to the Village Board (the form for which is to be provided by the Village Board), which must include the written consent of the owner of the land upon which the sign is to be located that permission has been so granted, a scale drawing of the proposed sign indicating its location on the premises (a site plan) and its relationship to other structures and property lines, a computation of the display area as defined in this article, information about the materials used, illumination, wiring, height above grade, distance from lot lines, any other information reasonably requested from the Village Board or the Plan Commission, and the applicable fee for the sign permit, which shall be established by the Village Board and on file in the Village Clerk-Treasurer's office.
[Amended 11-3-2014]
C.
Permit issuance procedures and sign design review. If the application is complete and the sign conforms to all requirements of this article, the following action shall be taken:
(1)
If the sign is equal to or less than 32 square feet in display surface area, the Village Board shall issue a permit.
[Amended 11-3-2014]
(2)
If the sign is larger than 32 square feet in display surface area, the sign permit application shall be reviewed by the Plan Commission.
(3)
The Village Board shall attend the applicable portions of all meetings of the Village and submit its comments or any applicable evidence, as such relate to each application, for the Commission's consideration and decision in accordance with this article.
[Amended 11-3-2014]
(4)
The Plan Commission shall review all applications within 30 days of submittal of the application to the Commission from the Village Board. The Commission shall review the applications and apply the established permit issuance factors and sign design review guidelines prescribed in Subsections D and E below. If the Commission cannot act to approve, deny or to agree with the applicant to extend the time within the thirty-day review period, the permit shall be deemed to have been approved, and the Village Board shall issue the permit if the application otherwise conforms to the requirements of this article.
[Amended 11-3-2014]
D.
Permit issuance factors. In reviewing a sign permit application, the Village Board 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):
[Amended 11-3-2014]
(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 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 Village of Neshkoro Code or applicable county, state or federal laws, ordinances and regulations, including, but not limited to, laws, ordinances and regulations relating to traffic safety, traffic visibility setbacks, 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, variance or special exception permit 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 status and 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, 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, freestanding signs. Landscape plantings or other landscape materials will not be counted as part of the allowable signage area.
F.
Time period for permit issuance or referral for review by applicable commission. All sign permit applications shall be reviewed by the Village Board, which shall deny or grant such applications or refer the application to the Plan Commission within 10 business days of receipt of the completed application and payment of the fee. If the sign meets the requirements of this article, all other ordinances of the Village, and the approval of the Plan Commission if required as established herein, the Village Board shall issue a permit therefor.
[Amended 11-3-2014]
G.
Written reasons for denial required. If the sign permit is denied by the Village Board or Plan Commission, a written notice of the denial shall, within five days, be provided to the applicant, together with a brief written statement of the reasons for the denial.
[Amended 11-3-2014]
H.
Permit not defense for unlawful sign nor acceptance of liability to Village. 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. Further, acceptance of fees for a sign permit hereunder shall not be deemed an assumption of any liability by the Village, and the owner of any building or structure upon which a sign is erected shall be liable for any damages and injuries that may be caused to person or property by the erection of such sign.
I.
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Village Board, a designee of which may enter the premises to inspect whether the sign complies with the regulations of this article.
[Amended 11-3-2014]
J.
Appeals. Any decision of the Village Board or Plan Commission under this article may be appealed to the Board of Appeals. A request for an appeals hearing shall be made in writing to the Village Board within 30 days of the date of permit denial.
[Amended 11-3-2014]
K.
Majority vote required for Board of Appeals. A majority vote of the Board of Appeals is required to modify the earlier determination of the Village Board or Plan Commission.
[Amended 11-3-2014]
L.
Permit revocations. A sign permit may be revoked by the Village Board 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.
[Amended 11-3-2014]
M.
Appeal of revocation. 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 Village Board within 30 days of the date of the original permit revocation.
[Amended 11-3-2014]
N.
Removal after revocation of permit. 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, unless the sign is causing an imminent threat to public safety, whereby the sign shall be immediately removed.
O.
Revocation not cause for reimbursement of fees. Revocation shall not give cause to a right of total or partial reimbursement of license fees paid.
P.
Criteria for Board of Appeals decisions. 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 this article will result in unnecessary hardship and so that the spirit of the Sign Ordinance shall be observed and substantial justice done. No Board of Appeals decision shall have the effect of allowing in any district a sign or permit standards significantly lower than those required by state law or this article.
[Amended 10-4-2010]
Q.
Stay pending appeal. An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Village Board certifies to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in its 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 Village Board and on due cause shown.
[Amended 11-3-2014]
R.
Time periods for sign construction. Any sign permit issued by the Village Board 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 30 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.
[Amended 11-3-2014]
S.
Change in sign user or premises owner. Whenever there is a change in the sign user or owner of the subject premises on which the sign is located, the new sign user or new premises owner shall forthwith notify the Village Board of the change.
[Amended 11-3-2014]
(1)
The design and information contained within the display surface area of the sign may be changed without the need for a new permit, unless:
(a)
The sign is to be structurally altered in any way, except for routine maintenance and repair.
(b)
The sign is expanded, moved or relocated on the same premises.
(c)
The number of colors in the sign display is increased.
(d)
The types of materials utilized in the sign construction are changed.
(e)
There is a change in use of the subject premises.
(f)
The sign was previously an abandoned/obsolete sign.
(g)
The sign is out of compliance with this article, unless the sign is a legal nonconforming sign.
(2)
If there is no need for a new permit, the previous permit, if any, shall be immediately assigned to the new user or premises owner, as applicable, as reflected in the Village Board's records.
[Amended 11-3-2014]
The following signs are exempt from the provisions of this article and require no sign permit:
A.
Public informational signs, historical markers, notices, traffic signs or signals, street signs or railroad signs or any other safety-related signs placed by a utility or any unit of government.
B.
Any sign placed by an authorized governmental entity or agency.
C.
Religious (such as Christmas or Hanukkah) or other seasonal decorations with no commercial message.
D.
Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance.
E.
Interior signs not visible from the exterior, and other signs not visible by the public.
The following types of signs shall be permitted without a sign permit, subject to all general requirements for location, size, number and the like as specified herein and subject to all Village and state building code requirements and electrical code requirements if illuminated:
B.
Address numbers.
C.
Residential nameplates.
D.
Real estate signs.
E.
Construction signs.
F.
The flag or insignia, not exceeding 200 square feet, of any government, religious or fraternal organization.
G.
Yard cards.
H.
Historical markers.
I.
Building memorial signs.
J.
Building markers.
K.
Political signs.
L.
Crop/seed identification signs.
M.
Bulletin signs.
N.
Incidental signs.
O.
Garage/yard sale signs.
P.
Special event signs.
The following types of signs are not permitted in any district:
A.
Signs which create a hazard or a dangerous distraction or obstruction to vehicular traffic or are a nuisance to adjoining residential property.
B.
Signs which unreasonably block the view by the public of preexisting signs on adjacent or neighboring properties.
C.
Signs which resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices, or signs which obstruct or interfere with the effectiveness of such devices.
D.
Flashing signs, including running marquees, except which provide public, noncommercial information such as the time, date, temperature, news and investment information.
E.
Signs which obstruct or interfere with traffic visibility.
F.
Signs lighted in such a way as to cause glare or impair driver visibility upon public rights-of-way.
G.
Rotating, alternating, swinging signs or devices, and any sign, device or part of such sign or device which changes physical position by movement or gives the illusion of such change of physical position, except such signs which provide public, noncommercial information such as the time, date, temperature, news and investment information.
H.
Signs, or any part thereof (including sign anchors, braces or guide rods), which are attached, fastened or anchored to any fire escape, fire ladder or standpipe.
I.
Signs, or any part thereof (including sign anchors, braces or guide rods), erected, relocated or maintained so as to hinder or prevent ingress and egress from public or private driveways, parking lots or fire escapes or through a door, doorway or window or other opening intended to provide light, air, ingress or egress for any building as required by law. This section shall not prohibit the temporary closure of and signing of public or private drives for the purpose of preventing trespassing.
J.
Signs which hinder or prevent pedestrian traffic on a sidewalk or so as to hinder or prevent the raising or placing of ladders against the building by the fire department as necessity therefor may require.
K.
Off-premises signs, except for off-premises directional signs subject to Wisconsin Department of Transportation and other necessary state or federal approval as such relates to off-premises directional signs placed on state or federal highways.
A.
All signs not exempted under § 500-58 above shall comply with the following requirements, unless otherwise stated in another section of this Code.
(1)
Abandoned/obsolete signs. Abandoned/obsolete signs shall be required to be immediately removed.
(2)
Beacons. Beacons may be utilized only temporarily for special events and shall be placed not more than one hour before the special event commences and must be removed not more than one hour after the special event is complete. Further, beacons may not be utilized on the same lot more than 14 days in any twelve-month period. There shall be no more than two beacons on one lot at any given time.
(3)
Bulletin signs. Bulletin signs shall have a display surface area not exceeding eight square feet, shall not be illuminated, and there shall be no more than one bulletin sign per lot.
(4)
Canopy signs. Canopy signs shall be located on the premises being served and shall only display the owner's name or business name. The display surface area of one canopy sign shall not occupy more than 30% of the vertical face area of such canopy. No canopy shall be less than 10 feet in height from the grade below the sign. No sign shall be installed directly above or below the canopy.
(5)
Construction signs. Construction signs shall not be illuminated. Each lot may have one construction sign which shall not exceed eight square feet in display surface area for single- and two-family residence construction and 32 square feet in display surface area for multiple-family residence and nonresidence construction. Further, each lot may have up to four additional construction signs which shall not exceed four square feet in display surface area for all types of construction. All construction signs shall be removed not more than 10 days after construction is complete. There shall be no more than five construction signs on a lot. In addition to the owner and/or tenant, the general contractor for the construction site shall be responsible for compliance with this provision.
(6)
Crop/seed identification signs. Crop/seed identification signs shall be limited to four square feet in display surface area each.
(7)
Defacing property and unauthorized signage. No person, firm or corporation shall post or otherwise fasten any paper or other material, paint, stencil or write any number, sign, name or any disfiguring mark on any public sidewalk, curb, gutter, street, post, pole or tree, nor shall any of said objects be defaced in any manner, unless sanctioned by the provisions of this article or other provisions of the Village Code or by the Village Building Inspector in carrying out the provisions of this article or any public work or construction.
(8)
Extension above buildings. No sign shall extend above the high point or peak of the roof, wall or parapet of the building or structure to which it is attached, except for roof signs and/or projecting signs, which may extend up to, but not more than, five feet above such high point or peak of the roof, wall or parapet of the building or structure to which it is attached.
(9)
Externally illuminated signs. Externally illuminated signs, including floodlighting, shall illuminate only the immediate area of the sign, concentrating light upon the sign without radiating light upon adjacent public or private property as to interfere with the comfort and repose of those residing in the neighborhood dwellings or constituting a traffic hazard or detriment to traffic safety.
(10)
Freestanding area identification and joint identification sign number limitation. The number of cumulative freestanding area identification signs and freestanding joint identification signs shall be determined according to the following formula, but in no case shall exceed the number of public highway entrances to an applicable residential subdivision, apartment complex, industrial park, business park or shopping center.
Size of Premises (containing residential subdivision, apartment complex, industrial park, business park or shopping center) | Number of Signs Allowed | |
|---|---|---|
Less than 1 acre | 1 | |
1 acre up to 4 acres | 2 | |
Larger than 4-acre lot | 2, plus 1 additional sign for each additional 4 acres of lot area, or portion thereof. |
(11)
Freestanding sign number limitations. Excluding temporary freestanding signs with a display surface area of eight square feet or less, freestanding area identification signs and freestanding joint identification signs, the number of freestanding signs allowed on a lot shall be determined according to the following formula:
Lot Size | Number of Signs Allowed | |
|---|---|---|
Less than 1 acre | 1 | |
1 acre up to 4 acres | 2 | |
Larger than 4-acre lot | 2, plus – only if the parcel abuts on more than 2 highways – 1 additional sign for each additional 4 acres of lot area, or portion thereof. |
(12)
Freestanding sign size limitations and setbacks. Any individual display surface of a freestanding sign shall not exceed 150 square feet, and the total vertical height including structural supports shall not exceed 18 feet with all measurements being measured from the adjacent grade, and if the sign is placed above a public right-of-way or public or private sidewalk, driveway or parking lot, the bottom of the sign shall be no less than 10 feet above the grade below. Except for temporary signs with a display surface area of eight square feet or less, freestanding signs shall be set back from side and rear lot lines at least 10 feet and shall not be subject to a front lot line setback requirement, unless greater setbacks are required for signs located near state or federal highways under federal or state laws or regulations. Except for temporary signs with a display surface area of eight square feet or less, no freestanding sign may be installed within 50 feet of the intersection of two or more local highways, nor within 500 feet of the intersection of two or more state or federal highways, unless a greater setback is required for state or federal highways under federal or state laws or regulations. Temporary freestanding signs with a display surface area of eight square feet or less shall be set back from the side and rear lot lines at least six feet and shall not be subject to a front lot line setback requirement, unless greater setbacks are required for signs located near state or federal highways under federal or state laws or regulations.
(13)
Garage/yard sale signs. Garage/yard sale signs shall be placed no earlier than three days before the sale and no later than one day following the sale. Garage/yard sale signs shall not be illuminated and shall not exceed eight square feet in display surface area. There shall be no more than one garage/yard sale sign on a lot. Further, there may not be placed more than four additional garage/yard sale off-premises directional signs throughout the Village for the same garage or yard sale.
(14)
Gross display surface area limitations for signs fastened to buildings. With the exception of temporary signs with a display surface area of eight square feet or less and roof signs, the total gross sign display surface area of any signs fastened to one side or face of a building or structure shall not exceed 1/5 of the total square foot area of the face of the building on which they are placed. The total gross sign display surface area of roof signs shall not exceed 1/10 of the total square foot area of the face of the roof side on which they are placed and in no case shall be more than 100 square feet. On lots of one acre or less where the building or structure area is less than 20% of the lot area, the allowed gross sign display surface area per lot shall be determined by the Building Inspector or the Plan Commission. In no case shall the gross sign display surface area for all signs attached to all buildings on one lot exceed 150 square feet.
(15)
Home occupation signs. Home occupation signs shall have a display surface area not exceeding four square feet, shall be limited to the name of the home occupation and a logo, and shall not be illuminated. There shall be no more than one home occupation sign per lot. Home occupation signs shall not be projecting signs, roof signs, canopy signs, marquee signs, banners or pennants. Home occupation signs may not utilize flags, balloons, streamers or other similar media in their display. Freestanding home occupation signs shall not be higher than six feet above grade.
(16)
Incidental signs. Individual incidental signs shall not exceed eight square feet in display surface area but may be unlimited in number.
(17)
Internally illuminated signs. Internally illuminated signs shall illuminate only the immediate area of the sign, concentrating light within the sign without radiating light upon adjacent public or private property so as to interfere with the comfort and repose of those residing in the neighboring dwellings or constituting a traffic hazard or detriment to traffic safety.
(18)
Marquee signs. Marquee signs may be placed on marquees only if the marquee does not project more than eight feet, measured at a right angle from the building to which it is attached, the sign is at least 10 feet above grade below the sign, and the sign does not extend more than three feet above or one foot below the marquee.
(19)
Neon light or gas illuminated signs. Neon light or gas illuminated signs shall be viewable only through a window in a building, and the display surface area of the sign shall not exceed 1/2 of the viewable area of the window.
(20)
New development signs. New development signs shall not exceed 20 square feet in display surface area, shall be removed no later than two years after the initial placement, and shall not be illuminated.
(21)
Off-premises directional signs. Off-premises directional signs shall not exceed eight square feet in display surface area and shall include only the business or location name and/or logo(s), as well as applicable directional information. There shall be no more than two off-premises directional signs on one lot at any given time. However, this limitation on the number of signs per lot shall not apply to off-premises directional signs directing viewers to a business located within a designated public works construction area.
(22)
Open house signs. Open house signs shall not be illuminated and shall not exceed eight square feet in display surface area for single- and two-family residences and 32 square feet in display surface area for multiple-family residences and nonresidences and shall only be displayed for a period from 8:00 a.m. to 8:00 p.m. on the day of the open house. There shall be no more than two open house signs on a lot. Further, no more than four off-premises directional open house signs may be placed within the Village limits for any one parcel of real estate. In addition to the owner and/or tenant, the principal broker and/or real estate company, if applicable, shall be responsible for compliance with this provision.
(23)
Political signs.
(a)
Political signs shall be subject to the same regulations as temporary signs described in Subsection A(29) below, except there shall be no time limit on the placement of political signs on private property.
(b)
Portable political signs shall be allowed on Village property or highways, only if directly held or supported by a person for purposes of demonstrating or exercising free speech rights, and so long as such demonstration is otherwise in compliance with all other federal, state and local laws, ordinances and regulations.
(24)
Projecting signs. No part of any projecting sign shall be less than 10 feet above the grade below and shall not project out from a structure more than 30 inches, measured at a right angle from the structure to which the sign is attached. Projecting signs shall be allowed to project into a Village right-of-way, so long as the sign is designed, constructed, installed and maintained in such a manner that it does not endanger public safety or traffic safety and does not block the view by the public of signs on adjacent or neighboring properties.
(25)
Real estate signs. Real estate signs shall not be illuminated and shall not exceed eight square feet in display surface area for single- and two-family residences and 32 square feet in display surface area for multiple-family residences and nonresidences and shall be removed not more than 10 days after a transaction is complete. Except for open house signs, there shall be no more than two real estate signs on a lot. In addition to the owner and/or tenant, the principal broker and/or real estate company, if applicable, shall be responsible for compliance with this provision.
(26)
Signs must face highway, public parking lot, driveway, river or navigable waterway. All signs, whether attached to or detached from a building or structure, shall be located only on those sides of a building or structure which face on a highway, public parking lot or driveway, or river or other public navigable waterway.
(27)
Skeleton cutout letter signs. Skeleton cutout letter signs shall be located on the building or structure being served and shall only be permitted on the cornice, lintel, window or panel of the building or structure.
(28)
Special event signs. Special event signs shall be removed no later than 48 hours after the event to which they apply has ended. Special event signs shall not be illuminated and shall not exceed 32 square feet in display surface area.
(29)
Temporary signs. Except for real estate, construction and political signs, temporary signs shall be displayed not more than 60 days in a twelve-month period. There shall be no more than 10 temporary signs of any kind on a lot, excluding temporary signs which exceed eight square feet in display surface area, which are regulated under Subsection A(11) and (14) above. No temporary sign of any kind shall be erected in any street right-of-way or less than six feet from a side or rear lot line.
(30)
Vision setback lines. Vision setback lines at public sidewalk rights-of-way or at the intersections of highways and public or private driveways shall not be less than 10 feet unless otherwise specifically stated in this article.
(31)
Wall sign extension beyond buildings. No wall sign shall extend beyond the building to which it is attached more than 12 inches. Further, if such extension is more than three inches beyond the building to which the wall sign is attached and is above a public right-of-way or public or private sidewalk, driveway or parking lot, the bottom of the sign shall be no less than 10 feet above the grade below.
(32)
Yard cards. A yard card must be removed no later than two days after initial placement of the yard card, and may not be illuminated. In addition to the owner and/or tenant, the retailer or business who placed the sign, if applicable, shall be responsible for compliance with this provision.
The following signs shall be allowed in all zoning districts.
A.
Temporary signs, including real estate, political, construction signs and banners, yard cards, decorative-type displays or anything similar to the aforementioned, but excluding other temporary signs displaying a commercial message.
B.
Address numbers.
C.
The flag or insignia of any government, religious or fraternal organization.
D.
Yard cards.
E.
Historical markers.
F.
Building memorial signs.
G.
Building markers.
H.
Bulletin signs.
I.
Special event signs.
The following signs shall be allowed in business and manufacturing districts.
B.
All other types of signs not prohibited under § 500-60 above, subject to the following regulations and prohibitions, which may further restrict or expand the general sign requirements listed under § 500-61 above.
(1)
Signs for businesses located above the first floor level, in the B-1 Downtown Business District only, shall be prohibited, except for area identification signs, joint identification signs and business or professional nameplates located inside of windows or which are painted upon windows (such as skeleton cutout letter signs) above the first floor level of any building or structure side facing a highway or public parking lot or driveway, and which has a display surface of 50% or less of the window area.
(2)
The use of banners, pennants, flags, balloons, streamers or other similar media for advertising shall be prohibited except for special promotions lasting not more than 14 days.
(3)
Garage/yard sale signs shall be prohibited.
Except as stated in Subsection H(8) below, illuminated signs shall be prohibited in residential districts. Only the following signs shall be allowed in residential districts:
B.
Residential nameplates.
C.
Home occupation signs.
D.
New development signs.
E.
Area identification and joint identification signs.
F.
Private garage/yard sale signs.
G.
Crop/seed identification signs if crops are currently planted on the property.
H.
Signs placed in conjunction with and on the same lot as a permitted business in a residential district (i.e., churches, hospitals, clinics, day-care centers, etc.) (excluding home occupations), subject to the general requirements as set forth in § 500-61 above for the applicable type of sign(s) utilized, as if the business was located in a business or manufacturing district, except as follows:
(1)
The total gross sign display surface area of any signs fastened to one side or face of a building or structure shall not exceed 1/10 of the total square foot area of the face of the building on which they are placed. On lots of one acre or less where the building or structure area is less than 20% of the lot area, the allowed gross sign display surface area per lot shall be determined by the Building Inspector or Plan Commission, as applicable. However, in no case shall the gross sign display surface area for all signs attached to all buildings on one lot exceed 100 square feet for lots up to four acres, and 150 square feet for lots of four acres or more.
(2)
No sign shall extend above the high point or peak of the roof, wall or parapet of the building or structure to which it is attached.
(3)
Roof signs are prohibited.
(4)
No wall sign shall extend beyond the building to which it is attached.
(5)
Projecting signs are prohibited.
(6)
Any individual display surface of a freestanding sign shall not exceed 50 square feet and the total vertical height including structural supports shall not exceed 10 feet with all measurements being measured from the adjacent grade.
(7)
Excluding freestanding area identification signs and freestanding joint identification signs, the number of freestanding signs shall be limited to one for lots up to four acres and two for lots of four acres or more.
(8)
Illuminated and neon light or gas illuminated signs are prohibited, except signs illuminated by floodlight or spotlight shall be allowed under a special exception permit granted by the Board of Appeals.
(9)
Business- or commercial-related temporary signs, banners, pennants, flags, balloons, streamers or other similar media for advertising may be utilized only for special events and shall be placed not more than one hour before the special event commences and must be removed not more than one hour after the special event is complete. Further, these types of signs may not be utilized on the same lot more than 14 days total in any twelve-month period.
Only the following signs shall be allowed in agriculture districts.
B.
All other types of signs not prohibited under § 500-60 above, subject to the following regulations and prohibitions, which may further restrict or expand the general sign requirements listed under § 500-61 above.
(1)
The gross sign display surface area for all signs attached to all buildings on one lot shall not exceed 150 square feet for lots up to four acres and 300 square feet for lots of four acres or more.
(2)
Projecting signs shall not be subject to any specific height restrictions, except for general structural height limitations for the applicable zoning district, and may project out from a structure not more than 36 inches, measured at a right angle from the structure to which the sign is attached.
(3)
Any individual display surface of a freestanding sign shall not exceed 100 square feet and the total vertical height including structural supports shall not exceed 20 feet with measurement being measured from the adjacent grade.
(4)
Illuminated and neon light or gas illuminated signs are prohibited, except signs illuminated by floodlight or spotlight shall be allowed under a special exception permit granted by the Board of Appeals.
Except as stated in Subsection E(8) below, illuminated signs shall be prohibited in a conservancy district. Only the following signs shall be allowed in conservancy districts:
B.
New development signs, either as part of a conditional use permit for the principal use or under a separate conditional use permit if the principal use is a permitted or legal nonconforming use.
C.
Area identification and joint identification signs, either as part of a conditional use permit for the principal use or under a separate conditional use permit if the principal use is a permitted or legal nonconforming use.
D.
Crop/seed identification signs if crops are currently planted on the property, either as part of a conditional use permit for the principal use or under a separate conditional use permit if the principal use is a permitted or legal nonconforming use.
E.
Either as part of a conditional use permit for the principal use or under a separate conditional use permit if the principal use is a permitted or legal nonconforming use, signs placed in conjunction with and on the same lot as a permitted, conditional or legal nonconforming business in a conservancy district (i.e., animal hospitals, shelters, kennels, etc.), subject to the general requirements as set forth in § 500-60 above for the applicable type of sign(s) utilized, as if the business was located in a business or manufacturing district, except as follows:
(1)
The total gross sign display surface area of any signs fastened to one side or face of a building or structure shall not exceed 1/10 of the total square foot area of the face of the building on which they are placed. On lots of one acre or less where the building or structure area is less than 20% of the lot area, the allowed gross sign display surface area per lot shall be determined by the Building Inspector or Plan Commission, as applicable. However, in no case shall the gross sign display surface area for all signs attached to all buildings on one lot exceed 100 square feet for lots up to four acres and 150 square feet for lots of four acres or more.
(2)
No sign shall extend above the high point or peak of the roof, wall or parapet of the building or structure to which it is attached.
(3)
Roof signs are prohibited.
(4)
No wall sign shall extend beyond the building to which it is attached.
(5)
Projecting signs are prohibited.
(6)
Any individual display surface of a freestanding sign shall not exceed 50 square feet and the total vertical height including structural supports shall not exceed 10 feet with all measurements being measured from the adjacent grade.
(7)
Excluding freestanding area identification signs and freestanding joint identification signs, the number of freestanding signs shall be limited to one for lots up to four acres and two for lots of four acres or more.
(8)
Illuminated and neon light or gas illuminated signs are prohibited, except signs illuminated by floodlight or spotlight shall be allowed under a special exception permit granted by the Board of Appeals.
(9)
Business- or commercial-related temporary signs, banners, pennants, flags, balloons, streamers or other similar media for advertising may be utilized only for special events and shall be placed not more than one hour before the special event commences and must be removed not more than one hour after the special event is complete. Further, these types of signs may not be utilized on the same lot more than 14 days total in any twelve-month period.
A.
Wind pressures and deadload requirements. Except for temporary signs, all signs shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of display surface area and shall be constructed to receive deadloads as required in Village or state building codes or other laws, regulations or ordinances.
B.
Maintenance and safety. The person responsible for any sign shall keep such sign in good maintenance and repair, which includes restoring, repainting or replacement of a worn or damaged legally existing sign to its original condition, and shall maintain the premises on which the sign is erected in a clear, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds and tall grass.
C.
Supporting members or braces. The supporting members or braces of all signs shall be constructed of galvanized iron, properly treated wood, steel, copper, brass or other noncorrosive material. All signs requiring attachment to a building or other structure shall be attached by such noncorrosive metal bolts, anchors, cable or other metal attachments as shall ensure permanent and safe construction and shall be maintained free from rust or other defects. Unless otherwise authorized by the Building Inspector, every means of device used for attaching any sign to a building or structure shall extend through the walls or roof of the building or structure and shall be securely anchored by wall plates or nuts to the inside of the walls or bearing on the underside of two or more roof or ceiling joists in accordance with instructions given by the Building Inspector.
D.
Authority of Building Inspector. The Building Inspector shall, upon 30 days' written notice sent by certified mail to all persons responsible for compliance, have the authority to repair a sign not in compliance with this article, have it removed or otherwise bring the sign into compliance with this article. However, if the sign creates an immediate threat to the safety of the public, the Building Inspector may forego the thirty-day notice requirement above. The costs incurred by the Village for said repairs, removal or other activities shall be an obligation of the persons responsible for compliance. Any sign and all structural supports which are removed shall be retained by the Village for no longer than 30 days after removal and, if not claimed by the owner, shall be disposed of by the Village in any manner authorized by law. Further, the Village shall retain a lien in the removed sign and structural supports to secure the obligation of the responsible persons for payment of removal and storage costs. The Village may also, in its sole discretion, add any costs incurred by the Village hereunder as a special charge to the real estate tax bill for the applicable property pursuant to § 66.0627, Wis. Stats., as applicable.
A.
Any sign located in the Village on the date of adoption or amendment of this article, or located in an area annexed to the Village hereafter, which does not conform with the provisions of this article, is a nonconforming sign and may be continued, except as provided below:[1]
(1)
The sign may not be structurally altered in any way except for normal maintenance and repair.
(2)
The sign may not be expanded, moved or relocated on the same premises.
(3)
The number of colors in the sign display may not be increased.
(4)
The types of materials utilized in the sign construction may not be changed.
(5)
The sign may not be reestablished after a change in use.
(6)
The sign may not be reestablished after it becomes an abandoned/obsolete sign.
B.
An otherwise legal nonconforming sign to which any of the above actions in Subsection A occur shall be immediately deemed an illegal nonconforming sign and be subject to immediate removal. The Building Inspector shall send all persons responsible for compliance an order demanding the sign be removed or that the person obtain a valid permit for the new sign, subject to all requirements of this article. If the persons responsible for compliance fail to remove the illegal nonconforming sign or obtain a valid sign permit for the sign hereunder within 30 days after receiving such order from the Building Inspector, the Building Inspector shall have the authority to remove the illegal nonconforming sign. The costs incurred by the Village for said removal shall be an obligation of the persons responsible for compliance. Any sign and the structural supports so removed shall be retained by the Village for no longer than 30 days after removal and, if not claimed by the owner, shall be disposed of by the Village in any manner authorized by law. Further, the Village shall retain a lien in the removed sign and structural supports to secure the obligation of the responsible persons for payment of removal and storage costs. The Village may also, in its sole discretion, add such removal and storage costs as a special charge to the real estate tax bill for the applicable property pursuant to § 66.0627, Wis. Stats., as applicable.
C.
The design and information contained within the display surface area of a legal nonconforming sign may be altered, such as for a new business name or logo, without making the sign an illegal nonconforming sign so long as none of the actions listed in Subsection A occur.
D.
Nonconforming signs shall be included for purposes of all calculations necessary to determine gross square footage or number of signs for the purposes of permitting the construction or erection of new signs.
In the case of any violation of any provision of this article, the Plan Commission, Village Board, the Building Inspector, the Zoning Administrator, or any other law enforcement officer may institute appropriate action or proceeding to enjoin violation of this article. Further, for sign permit applicants who begin to erect, improperly alter, or complete the erection or construction of any sign requiring a permit hereunder without a permit, the fee for an after-the-fact sign permit for said applicant for the applicable sign shall be double the normal sign permit fee.
Any person, firm or corporation who fails to comply with any provision of this article shall, upon conviction thereof, be subject to the general penalty provisions in § 1-4 of the Code. Each day a violation exists or continues shall constitute a separate offense.