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 and billboards.
The following definitions are used in this article:
A temporary hood or cover which projects from the wall of
the building, which can be retracted, folded or collapsed against
the face of a supporting structure.
A sign which advertises goods, products or facilities or
services not necessarily on the premises where the sign is located
or directs 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.
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.
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 organizations
or the advertising of products or services for sale on the premises.
This also includes traveling or segmented message displays.[1]
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.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building. (Also
referred to as "freestanding 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.
A sign that is illuminated from a source outside of the actual
sign.
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 the weather.
Any sign attached to and made part of a marquee.
Any sign which does not conform to the regulations of this
article.
Any sign not permanently attached to the ground, which is
designed to be easily moved from one location to another.
Any sign extending more than 18 inches but less than five
feet from the face of a wall or building.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any
building.
Includes anything that promotes, calls attention or invites
patronage (or anything similar to the aforementioned) to a business,
location or product.
Any sign intended to be displayed for a short period of time,
including real estate, political or construction site signs, and banners,
decorative-type displays, or anything similar to the aforementioned.
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 18 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way.
Except for those specified in § 525-72, no signs shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Village of Kimberly.
All signs must have a building permit except the following,
provided that the following exempt signs may not be located over a
public road right-of-way or in, on or over public water:
A.
Signs over show windows or doors of a nonconforming business establishment
announcing, without display or elaboration, only the name and occupation
of the proprietor and not to exceed two feet in height and 10 feet
in length.
B.
Real estate signs, not to exceed eight square feet in area, which
advertise the sale, rental or lease of the premises upon which said
signs are temporarily located.
C.
Name, occupation and warning signs, not to exceed four square feet,
located on the premises.
D.
Bulletin boards for public, charitable or religious institutions,
not to exceed eight square feet in area, located on the premises.
E.
Memorial signs, tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against the structure.
F.
Official signs, such as traffic control, parking restriction, information
and notices.
G.
Temporary signs, when authorized by the Building Inspector, for a
period not to exceed 30 days.
H.
A sign identifying a planned shopping center grouping may be permitted
with the approval of the Plan Commission, and the Commission may,
in such case, modify the regulations applicable to the height, size
and location of such sign consistent with the spirit and intent of
the regulations.
I.
A sign for the purpose of designating a new building or development,
for promotion of a subdivision, for announcement of a special event
or for similar special informational purposes may be permitted for
a limited period of time in any district with the approval of the
Plan Commission and subject to the following:
(1)
Drawings showing the specific design, appearance and location of
the sign shall be submitted to the Plan Commission for approval.
(2)
The permitted size and location of any such sign shall be at the
discretion of the Plan Commission, based upon the character of the
area, the type and purpose of the sign and the length of time permitted.
(3)
Where the sign is to be located on the premises involved, such may
be permitted for a period up to one year. An extension may be permitted
for a period not to exceed two years total.
(4)
Where the sign is not to be located on the premises involved, such
sign may be permitted for a period not to exceed nine months.
J.
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 limitation other
than reasonable size and necessity.
K.
Signs not exceeding one square foot in area and bearing only property
numbers, post box numbers or names of occupants of premises.
L.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
M.
Legal notices, identification information or directional signs erected
by governmental bodies.
N.
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights.
O.
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
A.
Commercial and industrial districts. Signs are permitted in the commercial
districts and the industrial districts, subject to the following restrictions:
(1)
Wall signs placed against the exterior walls of buildings shall not
extend more than six inches out from a building's wall surface, shall
not exceed 200 square feet in area or 40% of the wall surface (whichever
is smaller) for each elevation of a building, and shall not extend
above the wall on which it is placed.
[Amended 3-1-2021 by Ord. No. 6-2021]
(2)
Projecting signs fastened to, suspended from or supported by structures
shall not exceed 20 square feet in area for any one premises, shall
not extend more than six feet into any required yard, shall not extend
into any public right-of-way, shall not be less than 10 feet from
all side lot lines, 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 driveway or an alley.
(3)
One ground sign shall be permitted per street frontage, and shall not exceed 20 feet in height above the mean center-line street grade, shall meet all requirements for the district in which located, shall be considered part of the structure in meeting all height requirements for the district in which located and shall not exceed 100 square feet on all sides for each sign. Multiple ground signs on a single parcel shall be placed at least 100 feet apart. Message center sign area shall be considered separately when calculating square footage as provided in § 525-72A(8).
[Amended 3-1-2021 by Ord. No. 6-2021]
(4)
Roof signs shall not exceed 10 feet in height above the roof, shall
meet all yard requirements for the district in which located, shall
be considered part of the structure in meeting all height requirements
for the district in which located and shall not exceed 100 square
feet on all sides for any one premises.
(5)
Window signs shall be placed only on the inside of commercial buildings
and shall not exceed 25% of the glass area of the pane upon which
the sign is displayed.
(6)
Any sign qualifying as more than one of the above-listed types shall
meet the requirements for each type.
(7)
Bills and posters shall not be posted on the exterior of buildings
or windows.
(8)
Message center signs in addition to permitted ground sign area, shall
not exceed 50 square feet per side and 100 square feet on all sides
per ground sign.
[Added 3-1-2021 by Ord. No. 6-2021]
(9)
Billboards (off-premises signs) as approved by conditional use.
[Added 3-1-2021 by Ord. No. 6-2021]
B.
Residential, conservancy and agricultural districts. All signs are
prohibited in residential, conservancy and agricultural districts,
except those specifically permitted in the district's requirements,
and the following:
(1)
Signs over show windows or doors of a nonconforming business establishment
announcing, without display or elaboration, only the name and occupation
of the proprietor and not to exceed four square feet.
(2)
Real estate signs, not to exceed four square feet in area, which
advertise the sale, rental or lease of the premises upon which said
signs are temporarily located.
(3)
Name, occupation and warning signs, not to exceed two square feet,
located on the premises.
(4)
Bulletin boards for public, charitable or religious institutions,
not to exceed eight square feet in area, located on the premises.
(5)
Memorial signs, tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against a structure.
(6)
Official signs, such as traffic control, parking restrictions, information
and notices.
(7)
Temporary signs or banners, when authorized by the Plan Commission.
(8)
Municipal buildings, churches, schools, colleges, public libraries, public museums and art galleries, public recreational and community center buildings and grounds are permitted to install wall and ground signs as permitted in § 525-72A(1), (3) and (8), except as further modified as follows:
[Added 3-1-2021 by Ord. No. 6-2021]
(a)
Ground signs shall not exceed 10 feet in height;
(b)
When multiple buildings exist on the same parcel or multiple uses exist within the same building each separate and distinct use is permitted to install signage provided by § 525-72A(1) and (3).
(c)
Multiple ground signs on a single parcel shall be spaced a minimum
of 100 feet apart.
A.
Facing. No sign, except those permitted in § 525-71, shall be permitted to face a residential district within 100 feet of such district boundary.
B.
Traffic interference. Signs shall not resemble, imitate or approximate
the shape, size, form or color of railroad or traffic signs or devices.
Signs 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 shall be placed so as to obstruct or interfere with traffic visibility.
C.
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, except those giving public service information,
such as time, date, temperature, weather or similar information, or
where allowed by conditional use permit.
A.
Alterations. Any sign which was erected before the adoption of this
article shall not be rebuilt or relocated without conforming to all
of the requirements of this article.
B.
Violations. All signs constructed or maintained in violation of any
of the provisions of this article are hereby declared public nuisances
within the meaning of this Code. In addition to the above penalty
provisions for violation of this chapter, the Village Board may bring
an action to abate the nuisance in the manner set forth in the Wisconsin
Statutes.
Variances or exceptions to these sign regulations may be granted
by the Board of Appeals, following a recommendation from the Plan
Commission.
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.
B.
General requirements.
(1)
Awnings. Lowest part of any awning shall be seven feet above the
sidewalk. Signs are allowed directly on the awning or hanging on the
frame but not below seven feet.
(2)
Roof signs. No sign shall be located so as to project above the parapet
line, unless approved by the Plan Commission.
(3)
Illuminated signs. Any illuminated signs shall not interfere with
surrounding properties or traffic.
(4)
Projection. Signs, including supports, shall not project beyond five
feet of the face of the wall to which attached.
(5)
Blanketing. Blanketing of signs shall not be allowed.
(6)
Maintenance. All signs, including supports and attachments, shall
be properly maintained and have an appearance that is neat and clean.
C.
Searchlights. The Village Board 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.
Signs on public rights-of-way. Signs shall not be permitted on public
rights-of-way except for traffic control, parking and directional
signs, and as otherwise specified in this chapter.
A.
B.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on the premises or to present public service information pursuant to § 525-73C.
(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.
C.
Portable signs.
(1)
Such signs shall be limited in use to 30 days at a time, following
approval by the Building Inspector; provided, however, that the Building
Inspector shall not give approval for placement of a portable sign
if it presents a vision obstruction and not more frequently than four
times per year at any one location.
(2)
The maximum size shall be 25 square feet on each face, back to back.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Village of Kimberly limits on the date of adoption
of this chapter or located in an area annexed to the Village of Kimberly
hereafter which does not conform with the provisions of this article
is eligible for characterization as a legal nonconforming sign and
is permitted, providing it meets the following requirements:
B.
Loss of legal nonconforming status.
(1)
A sign loses its nonconforming status if one or more of the following
occurs:
(a)
The sign is structurally altered in any way, except for normal maintenance
or repair, which tends to or makes the sign less in compliance with
requirements of this article than it was before alteration.
(b)
The sign is relocated.
(c)
The sign fails to conform to the Village 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.
C.
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.
All billboards, signs and other advertising structures shall
be designed and constructed to withstand a wind pressure of not less
than 30 pounds per square foot of area and shall be constructed to
receive dead loads as required in the Building Code or other ordinances
of the Village of Kimberly.
A.
All signs
shall be removed by the owner or lessee of the premises upon which
the sign is located when a business which it advertises has not been
conducted for a period of six months or when, in the judgment of the
Building Inspector, 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 lessee fails to remove it, the Village Board may remove
the sign at cost of the owner, following adequate written notice.
The owner may appeal the Village Board's decision to the Board of
Appeals.
B.
Except
as otherwise herein provided, all billboards and/or sign messages
shall be removed by the owner or lessee of the premises upon which
an off-premises sign/billboard is located when the business it advertised
is no longer conducted where advertised. If the owner or lessee fails
to remove the sign/billboard, the Village Board shall give the owner
60 days' written notice to remove said sign/billboard and thereafter,
upon the owner's or lessee's failure to comply, may remove such sign/billboard,
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 Village Board may take any other appropriate legal action necessary
to attain compliance.
