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 lessee 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 Marion. Painting,
posting and general maintenance are excepted. No sign or billboard
shall have a message, shape, characteristic or graphic which is prohibited
by state statutes.
The following definitions are used in this article:
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. The area of the irregularly shaped sign shall be
the entire area within a single continuous rectilinear perimeter of
not more than eight straight lines.
A hood or cover which projects from the wall of the building
with a rigid frame structure that is stationary or retractable.[1]
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.
A shelter, with or without a sign, attached to or connected
with a building and extending into a setback or over the public sidewalk.
A period of time in terms of calendar days.
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-occupant commercial and industrial buildings.[2]
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.[3]
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.
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 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, 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.
Any sign displaying a candidate for an election or a current
election's subject matter.
Any sign not permanently attached to the ground which is
intended to be displayed for no longer than 30 days and is designed
to be easily moved from one location to another.
Any sign extending more than 18 inches but less than four
feet from the face of a wall or building; such sign shall not extend
into any public right-of-way.[4]
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.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
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 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 24 inches from
such wall.[5]
Any sign located completely within an enclosed building and
visible from a public way.
A.
Application. Except for those specified in § 625-38, no signs, billboards, awnings or canopies 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. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the City of Marion. 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.
B.
Required information. Application for a sign permit shall be made
in writing upon forms furnished by the City which contain the following
information about the sign: dimensions, including display surface;
materials; illumination; wiring; height above grade; distance from
lot lines; and the person, firm or corporation erecting or altering
the sign.
D.
Insurance. Any person, firm or corporation engaged in the business
of erecting, repairing, maintaining or relocating any sign shall maintain
in effect at all times a policy of liability insurance with limits
of $300,000 for bodily injury and $1,000,000 aggregate and $100,000
property damage. Proof of insurance shall be presented to the City
before the sign permit is granted.
E.
Inspection. Every sign shall be inspected and approved by the Zoning
Administrator within 30 days after it is erected or altered.
F.
Appeals. Any person, firm or corporation aggrieved by any permit
denial or decision by the Zoning Administrator relative to the provisions
of these sign regulations may appeal and seek review of such by the
Zoning Board of Appeals.
The following signs shall not need a sign permit, provided that
they are not located over a public road right-of-way or in, on or
over public water. The following signs do not require a permit:
A.
Commercial and manufacturing districts.
(1)
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.
(2)
Name, occupation and warning signs not to exceed four square feet
located on the premises.
(3)
Bulletin boards for public, charitable or religious institutions
not to exceed 35 square feet in area located on the premises.
(4)
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.
(5)
Official signs, such as traffic control, parking restriction, information
and notices.
(6)
Temporary signs, when authorized by the City for a period not to
exceed 30 days.
(7)
Rummage 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.
(8)
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
City and subject to the following:
(a)
Drawings showing the specific design, appearance and location
of the sign shall be submitted to the City for approval.
(b)
The permitted size and location of any such sign shall be at
the discretion of the City based upon the character of the area, the
type and purpose of the sign and the length of time permitted.
(c)
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.
(9)
Signs designating entrances, exits, service areas, parking areas,
and rest rooms and other signs relating to functional operation of
the building or premises shall be permitted without limitation other
than reasonable size and necessity.
(10)
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers or names of occupants of premises.
(11)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(12)
Legal notices, identification information or directional signs
erected by governmental bodies.
(13)
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
(14)
Signs directing and guiding traffic and parking on private property
but bearing no advertising matter.
B.
Residential, conservancy and agricultural districts.
(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 dates 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 City, for a period
not to exceed 30 days.
(8)
Awnings or canopies servicing only a particular single-family dwelling
unit, provided that the same shall conform to the regulations applicable
to the zoning district in which the same are located.
(9)
House numbers or signs identifying parks or country clubs or official
bulletin boards.
(10)
An approved professional sign shall be a sign not exceeding
three square feet in area stating only the name and business or profession
of the occupant or the character or the use of the premises on which
the sign is maintained. It shall not be illuminated and shall not
move. Only one such approved professional sign shall be maintained
on a premises.
(11)
A sign for the purpose of designating a new building or development
for a promotion of a subdivision, for announcement of a special event
or for similar special informational purposes may be permitted for
a limited time in any district with the approval of the City and subject
to the following:
(a)
Drawings showing the specific design, appearance and location
of the sign shall be submitted to the City for approval.
(b)
The permitted size and location of any such sign shall be at
the discretion of the City based upon the character of the area, the
type and purpose of the sign and the length of time permitted.
(c)
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 of not to exceed two years total.
The following signs shall require a permit to be issued by the
City of Marion:
A.
Commercial and manufacturing districts. Signs are permitted in all
commercial districts and the manufacturing districts subject to the
following restrictions:
(1)
Wall signs placed against the exterior walls of buildings shall not
extend more than 24 inches out from a building's wall surface,
shall not exceed 500 square feet in area or 40% of the wall surface
(whichever is smaller) per wall for any one premises, and shall not
exceed the height of the wall for which the wall sign is displayed,
depending upon the height of the wall. Said wall signs shall not exceed
45 feet in height in manufacturing districts fronting federal aid
primary (FAP) highways and shall not exceed 30 feet in height in other
commercial districts if the walls in question are greater than 45
feet and 30 feet, respectively.
(2)
Projecting signs fastened to, suspended from or supported by structures
shall not exceed 100 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 then 10 feet from
all side lot lines, shall not exceed a height of 20 feet above the
mean center-line street grade and shall be not more than 15 feet above
a driveway or an alley and not less than 10 feet above a sidewalk.
(3)
Freestanding signs in manufacturing and B-2 Districts fronting federal
aid primary (FAP) highways shall not exceed 45 feet in height above
the center line of the grade of the street from which access to the
premises is obtained, shall not extend into any public right-of-way,
and shall be set back a minimum of five feet from the property line
(depending upon the circumstances). Freestanding signs shall not exceed
300 square feet on one side nor 600 square feet on all sides for any
one premises.
(4)
Other freestanding signs in commercial and manufacturing districts
shall not exceed 30 feet in height above the center line of the grade
of the street from which access to the premises is obtained, shall
not extend into any public right-of-way, and shall be set back a minimum
of five feet from the property line (depending upon the circumstances).
Freestanding signs shall not exceed 200 square feet on one side nor
400 square feet on all sides for any one premises.
(5)
A roof sign shall not exceed 15 feet in height above the roof, shall
meet all yard requirements for the district in which it is located,
shall be considered part of the structure in meeting all height requirements
for the district in which it is located and shall not exceed 300 square
feet on all sides for any one premises.
(6)
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.
(7)
Off-premises signs, billboards, displays and devices shall be permitted
subject to the following:
(a)
Allowed only in B-1 and B-2 Districts and manufacturing districts.
(b)
Must be a minimum of 100 feet from residential district property
line.
(c)
Must be a minimum of 100 feet from an intersection.
(d)
Must be a minimum of 350 feet from a church or school.
(e)
Must be a minimum of 1,000 feet from another billboard on the
same side of the street.
(f)
Must be a minimum of five feet from the right-of-way and from
property lines.
(g)
Must be a freestanding design; no back bracing or guy wires
are allowed.
(h)
Must meet all federal, state and local requirements prior to
issuance of permit.
(j)
No off-premises signs, billboards, displays and devices shall
be permitted closer than 350 feet to any church and/or school property
line.
(k)
The maximum size of an off-premises sign on a four-lane divided
roadway shall be 672 square feet per side of sign structure. All other
roadways shall have a maximum sign size of 300 square feet per side
of sign structure.
(l)
No off-premises sign shall be permitted within 75 feet of the
rights-of-way of STH 45.
(8)
Directory signs for shopping centers are permitted as an alternative
to ground signs, projecting signs and roof signs for individual stores
in the shopping center. The top of a directory sign shall not exceed
30 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 15 feet above a driveway or alley. The double supporting
pylons shall not be greater than 10 feet apart. That portion of the
directory sign which advertises the shopping center name shall not
exceed 90 square feet for one side and a total of 180 square feet
for all sides. That portion of the directory sign which advertises
the individual store name shall not exceed 15 square feet for one
side and a total of 30 square feet for all sides. Directory signs
shall meet all yard requirements for the zoning district in which
they are located.
(9)
Other signs. Any sign qualifying as more than one of the above-listed
types shall meet the requirements for each type.
(10)
Bills and posters shall not be posted on the exterior of buildings
or windows.
Landscape features such as plant materials, berms, boulders,
fencing and similar design elements unincorporated or in conjunction
with the freestanding signs are encouraged and shall not be counted
as allowable sign area.
A.
Signs facing residential districts. No sign, except those permitted in § 625-38, 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, 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.
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. 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. This does not apply to electronic
message signs.
D.
Number of signs permitted.
(1)
No more than two signs of any style shall be located on any premises,
except that premises occupied by a shopping center may, as an alternative,
have one detached sign plus one flat sign, illuminated or otherwise,
for each place of business located in said shopping center. Signs
directing traffic are not included when considering the total number
of signs permitted.
(2)
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.
E.
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 chapter, or be located within
five feet of a property line.
F.
Distance between freestanding signs. The distance between freestanding
signs shall be a minimum of 100 feet between freestanding signs throughout
the street frontage on the same side of the street in order to prevent
congestion and maintain traffic visibility.
A.
Removal. A sign 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 30 days or when, in the judgment
of the City, 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 Common Council, or its
designee, may remove the sign at cost of the owner, following adequate
written notice. The owner may appeal the Common Council's or
its designee's decision to the Zoning Board of Appeals.
B.
Alterations. For signs erected before the adoption of this article,
said signs shall be rebuilt or relocated to conform to this article
if the cost of reconstruction or relocation is 50% or more of its
replacement value.
C.
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.[1] In addition to the penalty provisions for violation of
this chapter, the Common Council or its designee may bring an action
to abate the nuisance in the manner set forth in the Wisconsin Statutes.
Property owners may appeal violations to the Common Council within
90 days of being noticed.
Variances or exceptions to these sign regulations may not be
granted.
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 City.
B.
General requirements.
(1)
Construction standards. Signs shall be constructed in a safe structural
manner in accordance with the National Building Code and the National
Electrical Code, with fireproof and fire-resistant materials, and
the Wisconsin State Codes, if more restrictive. All signs shall withstand
a wind load pressure of 30 pounds per square foot per the American
Society of Engineering.
(2)
Roof signs. No sign shelf shall be located so as to project above
the parapet line, unless approved by the Plan Commission. Roof sign
structures shall be constructed entirely of steel or aluminum, and
all faces shall be constructed of fire-resistant materials and shall
withstand a wind load pressure of 30 pounds per square foot per the
American Society of Engineering.
(3)
Illuminated signs. Any illuminated signs shall not interfere with
surrounding properties or traffic.
(4)
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.
(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.
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.
(7)
Annexed areas. All signs in newly annexed areas shall comply with
this article within five years of annexation.
C.
Searchlights. The Common Council 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-ways except for traffic control, parking and directional
signs and as otherwise specified in this chapter.
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 pursuant to § 625-38.
(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.
(1)
Such signs shall be limited in use to 30 days at a time following
approval by the City; provided, however, that the City shall not give
approval for placement of a portable sign if it presents a vision
obstruction, and it shall not be displayed more frequently than one
time per year at any one location. No more than one sign per premises
shall be permitted.
(2)
The maximum size shall be 32 square feet on each face, back to back.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the City of Marion limits as of the date of adoption
of this chapter hereafter which does not conform to the provisions
of this article is eligible for characterization as a legal nonconforming
sign and is permitted, provided that 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)
If said sign is damaged by fire, flood, explosion, earthquake, 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 any sign is 50% or more of its replacement value, in which case the reconstructed sign shall comply with the provisions of this article. A nonconforming sign damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with § 62.23(7)(hc), Wis. Stats., and § 625-8A of this chapter.[1]
(b)
The sign is relocated.
(c)
The sign fails to conform to the City requirements regarding maintenance
and repair or abandonment of dangerous or defective signs.
(2)
On the date of occurrence of any of the above, the sign shall be
immediately brought into 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.
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)
Setback from curbline. No awning shall extend beyond a point four
feet into the right-of-way.
(4)
Advertising. No advertising shall be placed on any awning, except
that the name of the establishment within the building to which the
awning is attached may be painted or otherwise permanently placed.
(5)
Awning insurance requirements. Every applicant for a permit for an
awning which will overhang the public street or sidewalk shall, before
the permit is granted, file with the City Clerk-Treasurer a liability
insurance policy with minimum limits of $50,000 for personal injury
to any person and $100,000 for property damage which shall indemnify
and save harmless the City of Marion from any and all damages, judgments,
costs or expense which the City may incur or suffer by reason of the
granting of said permit.
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 designed by a licensed professional engineer and approved by the City as in compliance with the Building Code of the City. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 625-44 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy 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)
Setback from curb. No canopy shall extend beyond a point four feet
from the face of a wall or building.
(4)
Advertising. No advertising shall be placed on any canopy, except
that the name 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.
(5)
Canopy insurance requirements. Every applicant for a permit for a
canopy which will overhang the public street or sidewalk shall, before
the permit is granted, file with the City Clerk-Treasurer a liability
insurance policy with minimum limits of $50,000 for personal injury
to any person and $100,000 for any one accident and $10,000 for property
damage with shall indemnify and save harmless the City of Marion from
any and all damages, judgments, costs or expense which said City of
Marion may incur or suffer by reason of the granting of said permit.
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 advertises is no longer conducted where advertised. If the owner
or lessee fails to remove the sign/billboard, the Common Council or
its designee shall give the owner 30 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 Common Council,
or its designee, may take any other appropriate legal action necessary
to attain compliance.
A.
Any person, firm or corporation who or which begins, erects or completes
the erection or construction of any sign controlled by this article
prior to the granting of a permit shall pay a penalty of double the
amount of the permit otherwise required.[1]
B.
If the City finds that any sign regulated herein is unsafe or insecure
or is a menace to the public, it shall give written notice to the
sign owner and to the property owner.
C.
If such sign owner fails to remove or alter the sign so as to comply
with the standards herein set forth within five days after such notice,
the Common Council may cause such sign to be removed or altered at
the expense of the owner of the sign or the owner of the property
upon which it is located so as to comply with the provisions of this
article.
