[HISTORY: Adopted by the Common Council of the City of Hudson 1-31-2011 by Ord. No.
2-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 202,
Signs, adopted 11-6-2002 by Ord. No. 16-02, as amended.
A.
Findings.
(1)
Exterior signs have a substantial impact on the character and quality
of the environment.
(2)
Signs provide an important medium through which individuals may convey
a variety of messages.
(3)
Signs can create safety hazards that threaten the public health,
safety or welfare. Such a safety threat is particularly great for
signs that are structurally inadequate, or that may confuse or distract
drivers or pedestrians, or that may interfere with official directional
or warning signs.
(4)
Signs can also threaten the public welfare by creating aesthetic
concerns and detriments to property values. Such aesthetic concerns
and detriments to property values are particularly great when an accumulation
of signs results in visual clutter, or when one or more signs spoil
vistas or views, or when one or more signs add or increase commercialism
in noncommercial areas.
(5)
The ability to erect signs serving certain functions, such as an
address sign or a sign announcing that the property on which it sits
is for sale or for lease is an integral part of nearly every property
owner's ability to realize the fundamental attributes of property
ownership. The same cannot be said for signs serving other functions,
such as billboards erected so as to be visible from public rights-of-way.
Such signs are primarily designed to take advantage of an audience
drawn to that location by the public's substantial investment in rights-of-way
and other public property.
(6)
No signs that exceed the size or spacing limitations of this chapter
constitute a customary use of signage in the City.
(7)
The City Code of Ordinances includes the regulation of signs in an
effort to foster adequate information and means of expression and
to promote the economic viability of the community, while protecting
the City and its citizens from a proliferation of signs of a type,
size, location and character that would adversely impact upon the
aesthetics of the community or threaten health, safety or the welfare
of the community. The appropriate regulation of the physical characteristics
of signs in the City and other communities has had a positive impact
on the safety and the appearance of the community.
B.
Purpose. The purpose of this chapter is to:
(1)
Regulate signage in a manner that does not create an impermissible
conflict with statutory, administrative, or constitutional standards,
or impose an undue financial burden on the City.
(2)
Provide for fair and consistent enforcement of the sign regulations
set forth herein under the police power of the City.
(3)
Improve the visual appearance of the City while providing for effective
means of communication and orientation, particularly in those settings
in which the need for such communication or orientation is greater,
consistent with constitutional guarantees and the City's findings
and other purposes.
(4)
Protect the public health, safety, and welfare by reducing threats
to public safety and traffic from poorly constructed and maintained
signs and visual distractions along the roadways; preserving property
values and preserving the natural beauty and attractiveness of the
City by regulating the location, size, and physical characteristics
of signs to avoid visual blight and to assure compatibility with the
surrounding areas.
As used in this chapter, the following terms shall have the
meanings indicated:
A use which is subordinate to the principal use being made of a parcel of land. Accessory uses are defined in Chapter 255, Zoning.
Sign that identifies the address of the property on which
it is located, using postal identification numbers only, whether written
or in numeric form.
A freestanding sign which identifies the name of a neighborhood,
a residential subdivision, a multiple-residential complex, a shopping
center or area, an industrial area, an office complex or any combination
of the above that could be termed an "area."
Any sign or attention-getting device of lightweight fabric,
paper, plastic, or similar material.
Refers to the support structure not part of the signage area
of the freestanding sign foundation above grade.
Refers to the cross-sectional width of the structural component(s)
of a freestanding sign. The total base width is the sum of the horizontal
cross-sectional width of all structural components excluding free
space between structural components.
A sign affixed to a bench at a bus stop.
To be determined by the Community Development Department;
the length of wall facing the street, generally the area of primary
access to the building; secondary walls are wall areas other than
the building frontage.
A multiple-sided roof-like structure attached to and supported
by a building at one or more points and supported by columns or posts
at other points.
A multiple-sided roof-like structure, not attached to a building
and supported by columns or posts.
Any sign wording, logo, or other representation advertising
a business, profession, commodity, goods, services, or entertainment
for business purposes.
Approval of signage, as designated by this chapter, which
would not generally be permitted but, because of unique characteristics,
may be allowed by the Common Council, after a public hearing and a
finding that certain conditions exist, and is compatible with the
existing neighborhood and subject to appropriate conditions and guarantees
written into the conditional use permit. A conditional use permit
is attached to the land, not to the owner or user, unless otherwise
specified by the Common Council in the permit itself.
A sign which is erected on private property by the owner
of the property for the purpose of guiding vehicular and pedestrian
traffic on the property. Such sign bears no advertising information.
A mode of message transition on an electronic message display
accomplished by varying the light intensity, or pattern, where the
message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
Refers to a specific zoning district as defined in Chapter 255, Zoning.
A sign capable of displaying words, symbols, figures or images
that can be electronically or mechanically changed by remote or automatic
means, including animated graphics and video.
A mode of message transition on an electronic message display
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
A complete, static display screen on an electronic message
display.
A visual effect on an electronic message display applied
to a single frame to attract the attention of viewers.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are not affixed to any building
or other structure, including but not limited to, a ground mounted
sign, detached sign, pole sign, pylon sign, or monument sign.
Sale of used personal property or household goods by a private
individual, family, group, or organization. Garage sales shall be
considered noncommercial special events because they are sales of
used personal property/household goods of the property owner(s) and
are conducted by persons, groups, organizations who are not in the
business of selling goods.
A sign which is erected by a governmental unit for the purpose
of carrying out an official duty or responsibility, including, but
not limited to posting legal notices, identifying public property,
indicating a public use, stating rules and regulations regarding use
of an area zoned Public, or directing or guiding traffic.
See "nameplate or identification sign."
Any sign which is illuminated by an artificial light source.
Any sign which revolves, rotates or has any moving parts.
A sign which bears the name and/or business and/or address
of the occupants of the building.
Any message that is not commercial speech, including, but
not limited to, messages concerning political, religious, social,
ideological, public service, and informational topics.
A sign which lawfully existed prior to the adoption of this
chapter but does not conform to the newly enacted requirements of
this chapter.
A sign that is not located on the property or business premises
to which it refers. A sign which displays a commodity, product, service,
activity, or any person, place, thing or idea, other than noncommercial
speech, which is not located, found, or sold on the premises where
such sign is located.
A sign displayed for the sole purpose of assisting way finding
through disclosure of no more than the name of a place, its distance
from the sign and one directional arrow.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises on which it is located.
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.
Any sign which is not a temporary sign.
Any sign that is determined to be, in whole or in part, obscene
or pornographic under Miller v. California, 413 U.S. 15, 93 S.Ct.
2607 (1973), and subsequent court decisions, construing the definition
of "pornographic," that apply in Wisconsin.
Any sign not permanently attached to the ground or other
permanent structure and designed to be or used in a way that is movable
from one location to another, including, but not limited to, signs
designed to be transported by means of wheels; signs converted to
A or T frames; balloons used as signs; umbrellas used for advertising.
Any sign, all or any part of which extends over public property
more than 12 inches.
Electric, telephone, cable, natural gas utilities.
Any sign erected upon or projecting above the roofline of
a structure to which it is affixed.
A mode of message transition on an electronic message display
where the message appears to move vertically across the display surface.
A display, illustration, structure or device that directs
attention to an idea, object, product, place, activity, event, person,
institution, organization or business.
That area within the smallest rectangle, square, or the marginal
lines of the surface of the sign which can be made to circumscribe
the message, figure or symbol displayed thereon, together with any
material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure
against which it is placed. Sign area does not include the base, apron,
supports, structural members, framework, poles, roof, embellishments
or decorative base when such area meets the other regulations of this
chapter. The stipulated maximum sign area for a freestanding sign
refers to a single sign face.
A sign that is temporary in nature, is not permanently mounted
or attached to the ground or sign surface, is displayed for only a
limited duration of time, and is used to advertise special events
such as, but not limited to, grand openings, yard or garage sales,
craft sales, graduation or birthday parties, festivals, fairs, performances.
A sign which is erected or displayed for a limited period
of time and is not permanently mounted.
A visual effect used on an electronic message display to
change from one message to another.
A mode of message transition on an electronic message display
where the message appears to move horizontally across the display
surface.
Any sign which is affixed to a wall of any building.
A.
Nonconforming permanent on-premises signs lawfully existing at the
time of adoption of this chapter shall be allowed to continue in use
and be maintained in a good state of repair but shall not be replaced
nor altered, other than to change the message, or relocated without
being brought into compliance with the requirements of this chapter.
After a nonconforming permanent on-premises sign has been removed,
it shall not be replaced by another nonconforming sign.
B.
Any nonconforming temporary or portable sign existing at the time
of adoption of this chapter shall be made to comply with the requirements
set forth herein or shall be removed within one week of receipt of
a notification of the nonconformity.
C.
Whenever use of a nonconforming sign has been discontinued for a
period of one year, such use shall not thereafter be resumed unless
in conformance with the provisions of this chapter.
D.
Any nonconforming sign damaged in the amount of 50% or more of its
current assessed value must be removed or brought into conformance
with the regulations of this chapter.
The following regulations and standards are applicable to all
signs in all zoning districts, including permanent, temporary, on-premises
and off-premises signs, unless otherwise provided by this chapter.
A.
Substitution clause and sign content.
(1)
Subject to the property owner's consent, noncommercial speech of
any type may be substituted for any duly permitted or allowed commercial
speech; provided, that the sign structure or mounting device is legal
without consideration of message content. Such substitution of message
may be made without any additional approval or permitting. This provision
prevails over any provision to the contrary in this chapter. The purpose
of this provision is to prevent any inadvertent favoring of commercial
speech over noncommercial speech, or favoring of any particular noncommercial
message over any other noncommercial message. This provision does
not create a right to increase the total amount of signage on a lot
or parcel, nor does it affect the requirement that a sign structure
or mounting device be properly permitted.
(2)
All noncommercial speech is considered on-premises signage and is
entitled to the privileges that on-premises signs receive under this
chapter.
(3)
No commercial speech is allowed on a sign, other than a message drawing
attention to a business or service legally offered on the premises,
except as provided in this chapter.
B.
Signs in the public right-of-way or on fire hydrants, street signs,
traffic devices, utility poles or wires are prohibited.
(1)
Public right-of-way shall be described as the area of the public
street dedicated or granted to the City or governmental entity by
easement for street and utilities including boulevard and sidewalks
or pathways. (Note: The right-of-way varies in width, and the property
lines vary in distance from the curbline. Before placing any sign,
the Community Development Department should be contacted to confirm
location of the public right-of-way.)
(2)
No sign or its structural components shall be erected or temporarily
placed within any street, highway, right-of-way, public easement or
upon any City property, except for the following, which may be placed
without a permit:
(a)
Governmental signs erected by or on behalf of a governmental
body for the purpose of directing or regulating pedestrian or vehicular
movements or pertaining to traffic control or safety.
(b)
Information signs erected by a public utility regarding its
poles, lines, pipes or facilities.
(c)
Signs erected by a governmental agency, a public utility company
or a contractor doing authorized or permitted work within the public
right-of-way, for the purpose of ensuring safety.
(d)
As permitted in the B-3 Central Business District, per § 202-6C(8)(c).
(3)
Unauthorized signs erected or temporarily placed within any street,
highway, right-of-way, public easement, fire hydrant, traffic sign,
utility poles or wires, or upon any City-owned property may be removed
by the City at the sign owner's expense and disposed of without notice
to the owner of the sign.
C.
Signs exempt from regulation. The following signs shall be exempt
from regulation under this chapter:
(1)
Signs that are traffic control devices and are permitted or allowed
by the Wisconsin Manual on Uniform Traffic Control Devices published
by the Wisconsin Department of Transportation.
(2)
Interior signs located completely within a building and not visible
from outside the building.
(3)
Statues, sculptures, other art objects, church windows and other
integrated architectural features of buildings are pieces of art and
are not considered signs and do not require sign permits unless their
height exceeds 10 feet and they are freestanding.
(4)
Signs in City parks that comply with City park policies and pursuant
to lease agreements for use of City parks, all approved by the Common
Council.
D.
Signs exempt from permit.
(1)
The exemptions permitted by this section shall apply only to the
requirement of a permit and shall not be construed as excusing the
installer of the sign, or the owner of the property upon which the
sign is located, from conforming to the other provisions of this chapter.
(2)
No permit is required under this chapter for the following signs:
(a)
A window sign placed within a building and not exceeding 50%
of the window area.
(b)
Signs having an area of six square feet or less.
(d)
Memorial signs or tablets containing the name of the building,
its use and the date of erection when cut or built into the walls
of the building and constructed of bronze, brass, stone or marble.
(e)
Historical identification plaques from the National Register
of Historic Places may be placed in all districts.
E.
Suspension of certain size, shape, placement and content restrictions
during an election campaign period.
(1)
Subject only to the exceptions in Subsection E(5) below, during an election campaign period, signs containing noncommercial speech may be placed upon residential property notwithstanding any other restriction in this section on the size, shape, placement or content of any sign.
(2)
For purposes of this subsection, "election campaign period" means:
(a)
In the case of an election for office, the period beginning
on the first day for circulation of nomination papers by candidates,
or the first day on which candidates would circulate nomination papers
were papers to be required, and ending on the day of the election.
(b)
In the case of a referendum, the period beginning on the day
on which the question to be voted upon is submitted to the electorate
and ending on the day on which the referendum is held.
(3)
If the owner of the property has rented some or all of the property
to another, subject to any lease agreement between the owner and the
renter, the renter may exercise the right in any area of the property
that he or she occupies exclusively, and the owner of residential
property may exercise the right in any portion of the property not
occupied exclusively by a renter.
(4)
If another part of this chapter, including the substitution clause provisions of § 202-4A, creates a right to erect or display a particular type of sign, this subsection does not in any way limit the exercise of that right, whether or not the sign is erected or displayed during an election campaign period.
F.
Prohibited signs. All signs, other than those permitted herein, shall
be prohibited, including but not limited to:
(1)
Off-premises signs are prohibited in all districts except as specifically
authorized in this chapter.
(2)
Pornographic signs. (See definition.)
(3)
Roof signs are prohibited in all zoning districts.
(4)
No illuminated sign which changes in either color or intensity of light shall be permitted, except one giving time, date, temperature, weather, except for electronic message display signs, refer to § 202-6C(7). All illuminated signs shall have a shielded light source.
(5)
Motion signs are prohibited in all districts.
(6)
Signs shall not be placed on regulatory or utility posts. Signs placed
on such posts will be removed without notice by the City.
(7)
A vehicle or trailer used as a sign or as the base for a sign where
the primary purpose of the vehicle or trailer in that location is
its use as a sign. A vehicle or trailer shall be considered to be
used as a sign if it is parked at an off-premises site, unless the
owner of the vehicle presents substantial evidence showing the purpose
is not for use as a sign.
A.
Construction and maintenance standards.
(1)
All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, provided that nothing in this chapter shall be interpreted as authorizing the erection or construction of any sign not now permissible under Chapter 255, Zoning, or Chapter 106, Building Construction and Fire Prevention.
(2)
Abandonment and maintenance.
(a)
Any sign that is found to be unreadable, unsafe, unsecured,
abandoned, unlawful or in disrepair for a period of 60 days shall
be repaired or removed by the property owner or lessee.
(b)
If the property owner, lessee, or sign owner fails to repair
or remove the sign, the City shall give the property owner a thirty-day
written notice by certified mail to remove the sign.
(c)
Upon failure to remove the sign within 30 days, the City may
remove the sign and charge the cost of removal to the property owner.
If the property owner fails to pay, the cost shall become a delinquent
special charge under W.S.A. § 66.0627 and shall be collected
along with property taxes under W.S.A. § 66.0627.
(d)
All signs or sign messages shall be removed by the owner or
lessee of the premises upon which a sign is located when the business
it advertises is no longer conducted therein.
B.
Placement standards.
(1)
Signs shall not be placed on any property without the property owner's
permission.
(2)
Freestanding signs. Any freestanding sign placed within 25 feet of
any intersection or street right-of-way lines and/or driveway entrances
shall have a minimum vertical clearance of 10 feet above the center
line of the pavement. The Community Development Department may require
a greater setback or vertical clearance or may deny the sign permit
if the Department determines that the sign will:
C.
Dimensional standards.
(1)
The total sign area of any multi-face freestanding or projecting
wall sign shall not exceed twice the permitted sign area of a single-face
sign.
(2)
Projecting wall signs shall be permitted only in the B-3 Central
Business District, provided that the total sign area does not exceed
20 square feet per facing. A projecting wall sign shall not protrude
more than four feet from the wall or vertical surface that said sign
receives its support from.
(3)
Signs on canopies or marquees shall be subject to the same restrictions
for percentage wall area applicable to the zoning district in which
the sign is located.
In addition to those signs permitted in all zoning districts, the following signs are permitted in each specific district and shall be regulated as to size, location and character according to the requirements herein set forth. A chart of signs allowed in each district and specific requirements for such signs is attached at the end of this chapter and is adopted as part of this chapter. All zoning districts referred to in this chapter are defined in Code §§ 255-14, 255-15, 255-16, 255-17 through 255-17.1, and 255-18.
A.
R-1 and R-2 Residential Districts.
(1)
Nameplate or identification signs: one sign for each dwelling unit,
not greater than two square feet in area, indicating the name and/or
address of the occupant.
(2)
One on-premises sign is allowed on residential property in the R-1
and R-2 Residential Districts subject to the following standards:
(3)
An on-premises sign is allowed on property used for nonresidential
uses legally allowed or permitted in the R-1 and R-2 Residential Districts
subject to the following additional standards:
(4)
Area identification signs: one sign per development not to exceed
36 square feet in area and shall be placed near the street access
to the development. Maximum height is 10 feet.
(6)
Maximum height of freestanding signs above ground level: 10 feet.
B.
R-M Multiple-Family Residential Districts.
(1)
Identification signs: one identification sign or symbol per building
not greater than six square feet in area, provided that such sign
is attached flat against a wall of the building.
(2)
Area identification signs: area identification signs, provided that
such sign does not exceed 36 square feet in area and further provided
that such a sign is placed near the street access to the development.
Maximum height is 10 feet.
(3)
An on-premises sign is allowed on property used for nonresidential
uses legally allowed or permitted in the R-M Multiple-Family Residential
Districts subject to the following additional standards:
(4)
Accessory use signs. Signs identifying uses accessory to a multiple-residential
development shall not be visible from the outside of the building
complex.
(6)
Maximum height of freestanding signs above ground level: 10 feet.
(7)
On-premises directional signs shall not exceed 10 square feet in
area.
C.
Business districts: B-1 Local Business District, B-2 General Business
District, B-3 Central Business District, B-4 Central Business and
OFC Office District.
[Amended8-18-2014 by Ord. No. 11-14; 10-19-2020 by Ord. No. 16-20]
(1)
Wall signs.
(a)
The total sign area of all wall signs affixed to a building
wall shall not exceed the following allowable sign area:
|
Building Frontage
(feet)
|
Allowable Sign Area
(percentage of entire wall)
|
|---|---|
|
0 to 100
|
10%
|
|
101 to 200
|
8.5%
|
|
More than 200
|
7%
|
|
Secondary Walls
(feet)
|
Allowable Sign Area
(percentage of entire wall)
|
|---|---|
|
0 to 100
|
6%
|
|
101 to 200
|
5%
|
|
More than 200
|
4%
|
|
Note: Secondary wall signs shall not exceed 300 square feet.
|
(b)
Wall signage in excess of the allowable sign area may be permitted through issuance of a conditional use permit considering the factors stated in § 202-6C(2)(d).
(c)
Wall signage restrictions shall apply to canopies and marquees.
(2)
Freestanding signs.
(a)
Number per parcel. One freestanding sign shall be permitted
for the principal building.
(d)
A freestanding sign in excess of the allowable height and sign area may be permitted in the B-2 General Business District through issuance of a conditional use permit issued by the Common Council pursuant to the procedures established in § 255-76B and D through J of the Code which are incorporated herein by reference. The Common Council shall consider the following factors in deciding whether to approve or deny a conditional use permit under this section:
[1]
The need for the proposed sign.
[2]
Whether the proposed sign is compatible with the purposes of
this chapter.
[3]
The impact of the proposed sign on the character and esthetics
of the neighborhood and community.
[4]
The use of the property as it relates to the need for additional
sign height or area, i.e., whether the property is used by a single
entity or multiple users or tenants.
[5]
The size of the lot or parcel and proposed sign location.
[6]
Whether issuance of a conditional use permit is in the interest
of the public health, safety, and welfare.
[7]
Any other considerations deemed necessary by the Plan Commission
and Common Council to determine if the proposed conditional use permit
would be consistent with the purposes of this chapter and the public
health, safety, and welfare.
(e)
Freestanding signs shall be set back from all property lines a distance appropriate to not interfere with traffic visibility as determined by the Community Development Department, considering slope of streets, speed of vehicles and other factors applicable to the site that may impact traffic visibility. See § 202-5B(2).
(f)
The exposed (aboveground) base structure width of all freestanding
signs shall be a minimum of 33% of the sign width.
(3)
Area identification signs. Sign at or near the primary access to
the development, not to exceed 120 square feet in area and 15 feet
in height. For a secondary access, if any, one sign not to exceed
60 square feet and 10 feet in height.
(4)
On-premises directional signs not exceeding 10 square feet in area.
(5)
Master sign plan. In the B-2 General Business District, businesses
located on adjoining commercial lots, or within the same subdivision
or development, may submit a master sign plan for review and recommendation
of the Plan Commission and approval by the Common Council. The following
standards shall apply to master sign plans:
(a)
No more than one sign shall be allowed per 600 feet of street
frontage of developable area upon the major street abutting the development;
no sign may be greater than 300 square feet in area, and no business
shall be allowed more than 60 square feet of sign area per sign; and
no sign shall be more than 45 feet in height above the first floor
elevation of the nearest building in the development.
(b)
Individual freestanding signs shall not be allowed on the separate lots of individual businesses in the business development, except as provided in Subsection C(5)(c).
(c)
Businesses not identified on the multiple-business off-premises sign described in Subsection C(5)(a) may have one freestanding sign per lot, 48 square feet in area and six feet in height, to be located near the primary entrance to the lot to identify businesses located on that specific lot.
(d)
Wall signage may be approved to exceed the requirements of this
chapter, but not by more than 10% of the wall area for each individual
wall area of the space occupied by the business.
(e)
Upon approval of the master sign plan, all future signs shall
conform to the master sign plan. Modifications to the provisions of
the master sign plan may be granted only with the approval of a new
master sign plan.
(6)
Banner signs. One banner sign per building wall shall be permitted
in the B-1 Local Business District; the B-2 General Business District;
the B-3 Central Business District; the OFC Office District. A permit
shall be obtained prior to a banner sign being used or erected.
(a)
Banner signs will be part of the allowable sign area percentage;
shall not exceed the maximum area percentage specified for each zoning
district as follows:
(b)
Banner signs must be attached to the wall of the building. Banner
signs shall not be attached to fences, posts, light poles and other
temporary structures, unless authorized as a temporary special event
sign.
(7)
Electronic message display signs. Electronic message display signs
will be permitted as freestanding signs only in the B-2 General Business
District and the B-3 Central Business District with the following
restrictions:
[Amended 10-19-2020 by Ord. No. 16-20]
(a)
Electronic message display signs are prohibited in the designated
historic district of the B-3 Central Business District.
(b)
The area of an electronic message display sign shall not exceed
30 square feet in the B-2 General Business District and 20 square
feet in the B-3 Central Business District and B-4 Central Business
District.
(c)
Only on-premises advertising, time, temperature, and noncommercial
messages may be displayed.
(d)
Operational limitations. Such displays shall contain static
messages only, changed only through dissolve or fade transitions,
or with the use of other subtle transitions and frame effects that
do not have the appearance of moving text or images, but which may
otherwise not have movement, or the appearance of optical illusion
of movement, of any part of the sign structure, design, or pictorial
segment of the sign, including the movement of any illumination or
flashing, scintillating or varying of light intensity.
(e)
Each message on the sign must be displayed for a minimum of
four seconds.
(f)
Except in the designated historic district of the B-3 Central Business District where all electronic message signs are prohibited as provided in Subsection C(7)(a) above, electronic message display signs capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once, and video may be permitted with the approval of a conditional use permit.
(g)
Electronic message display signs may not exceed a height of
25 feet in the B-2 General Business District and 20 feet in the B-3
Central Business District.
(h)
Electronic message display signs must be located a minimum of 150 feet from any residential district unless said electronic message display sign is to be located in a PUB Public District. If the electronic message display sign is proposed to be located within 150 feet of a residential district, a neighborhood meeting pursuant to § 255-86.1 with those residential district properties within 150 feet of the proposed sign shall be required.
(i)
An electronic message display sign must be separated by at least
50 feet from another electronic message display sign.
(j)
Undue brightness is prohibited, and is defined herein as illumination
of an electronic message display sign in excess of the following intensity
levels:
(k)
Electronic message display signs shall be equipped with a photocell
or other automatic dimming technology based on ambient light levels.
(8)
Portable signs. Portable signs are permitted in the B-2 General Business
District and B-3 Central Business District as follows:
(a)
One portable sign shall be allowed per building, plus for multiple
tenant buildings with frontage wider than 100 feet, one additional
sign per 30 feet of building frontage, or part thereof. Portable signs
allowed under this provision shall be allowed in addition to permitted
freestanding or wall signs.
(b)
Portable signs shall not exceed four feet in height and three
feet in width, with a maximum structure height of five feet and a
maximum structure width of three feet in the B-2 General Business
District; and three feet in height and 2 1/2 feet in width, inclusive
of the structural element, in the B-3 Central Business District.
(c)
Portable signs must not be placed in the public street right-of-way,
except as allowed in the B-3 Central Business District. Portable signs
if located in the right-of-way shall be placed directly adjacent to
the building and only if there are five continuous feet of sidewalk
clear for pedestrian movement.
(d)
Portable signs shall not be considered temporary signs.
(e)
Portable signs must be placed on the private property or business
premises to which the sign refers.
(9)
Projecting signs. Projecting wall signs shall be permitted only in
the B-3 Central Business District, provided that the total sign area
does not exceed 20 square feet per facing. A projecting wall sign
shall not protrude more than four feet from the wall or vertical surface
that said sign receives its support from.
(10)
Regulations specific only to the B-3 Central Business District.
All signs in the B-3 Central Business District are regulated and are
allowed only by sign permit. Permit fees for new or replacement signs
shall be in accordance with the current fee schedule on file with
the City Clerk.
(a)
Sign plan. A sign plan for the entire building must be provided
with the application for a sign permit.
(b)
Materials. Sign materials shall be consistent or compatible
with the original construction materials and architectural style of
the building facade on which they are to be displayed. Natural materials
such as wood and metal shall be permitted.
(c)
Position. Wall, projecting or overhanging signs shall be positioned
so as to create an integral design feature of the building to complement
and enhance the building's architectural features. Signs shall not
obscure or destroy architectural details such as stone arches, glass
transom panels or decorative brickwork.
(d)
Awning and canopy signs. Awning and canopy signs in the B-3
Central Business District shall meet the following requirements:
[1]
Area. The surface area of an awning or canopy sign shall not
exceed 10% of the gross surface area of any face of the awning or
canopy to which the sign is affixed.
[2]
Location. A sign may be affixed to or located upon any awning,
canopy or marquee.
[3]
Height. An awning or canopy sign shall not project higher than
17 feet nor less than seven feet as measured from the base of the
building wall to which the sign is affixed.
[4]
No canopy or awning shall be less than seven feet above the
level of the sidewalk or ground.
(e)
On-premises directional signs. On-premises directional signs
limited in area to four square feet shall be permitted and not included
in any computation of sign area, to consist of one per entrance not
to exceed 2 1/2 feet in height nor located within five feet of
any street right-of-way line.
D.
Industrial districts: I-1 Light Industrial District and I-2 General
Industrial District.
(1)
Identification signs. One freestanding identification sign per building,
not to exceed 20 feet in height and 80 square feet in area, and one
additional wall identification sign for each tenant having a private
entry to a multi-tenant building, such sign being displayed at or
near the tenant's entrance and not to exceed 7% for principal wall
and 4% for secondary walls of the area of the wall to which it is
affixed.
(2)
Area identification signs. One sign not to exceed 80 square feet
in area located at or near the primary access with a maximum height
of 20 feet, and one sign at a secondary access, if any, not to exceed
48 square feet in area with a maximum height of 10 feet.
(4)
On-premises directional signs not to exceed 10 square feet in area.
(5)
Banner signs. One banner sign per building wall shall be permitted
in the I-1Light Industrial District and I-2 General Industrial District.
(a)
Banner signs shall be included in the allowable sign area percentage
and shall not exceed the maximum sign area specified for each zoning
district. For I-1 and I-2 Industrial Districts, the maximum sign area
is 80 square feet.
(b)
Banner signs must be attached to the wall of the building. Banner
signs shall not be attached to fences, posts, light poles and other
temporary structures.
(6)
Master sign plan. In the I-1, Light Industrial District and I-2,
General Industrial District, businesses located on adjoining industrial
lots, or within the same subdivision or development, may submit a
master sign plan for review and recommendation for approval by the
Plan Commission and approval by the Common Council. The following
standards shall apply to master sign plans:
[Added 4-10-2017 by Ord.
No. 6-17]
(a)
No more than one freestanding sign shall be allowed per street
frontage of a major street abutting the development; no sign may be
greater than 240 square feet in area; no business shall be allowed
more than 60 square feet of sign area per sign; and no sign shall
be greater in height than 20 feet above the first floor elevation
of the nearest building in the development.
(b)
Individual freestanding signs shall not be allowed on the separate lots where the business is located, except as provided in Subsection D(6)(c) of this section.
(c)
Businesses may have one freestanding sign per lot, no greater
than 32 square feet in area and six feet in height, to be located
near the primary entrance to the lot to identify businesses located
on that specific lot.
(e)
Upon approval of a master sign plan, all future signs shall
conform to the master sign plan. Modifications to the provisions of
the master sign plan may be granted only with the approval of a new
master sign plan.
(f)
Approved master sign plans must be recorded at the St. Croix
County Register of Deeds office.
E.
Public districts.
[Amended 10-19-2020 by Ord. No. 16-20]
(1)
Wall signs shall not exceed more than 7% of the principal wall area
and not more than 4% of a secondary wall area of a building.
(2)
Banner signs shall not exceed more than 80 square feet in area and
must be attached to a wall of a building and shall not be attached
to fences, posts, light poles, and other temporary structures.
(3)
Freestanding signs shall not exceed 40 square feet in area and shall not exceed a height of 10 feet except as provided in Subsection E(3)(a).
(a)
A freestanding sign in excess of the allowable height and sign area may be permitted in the PUB Public District through issuance of a conditional use permit issued by the Common Council pursuant to the procedures established in § 255-76B through J. The Common Council shall consider the following factors in deciding whether to approve or deny a conditional use permit under this section:
[1]
The public need for the proposed sign.
[2]
Whether the proposed sign is compatible with the purposes of
this chapter.
[3]
The impact of the proposed sign on the character and aesthetics
of the neighborhood and community, as well as listing mitigation options
to help lessen any potential impacts. Such mitigation strategies shall
be implemented.
[4]
The use of the property as it relates to the need for additional
sign height or area, i.e., whether the property is used by a single
entity or multiple users or tenants.
[5]
The size of the lot or parcel and proposed sign location.
[6]
Dusk to dawn luminance standards. All sign and decorative lighting
sources shall not exceed 350 nits from dusk to dawn hours and all
sign and decorative lighting sources shall be entirely turned off
between the hours of 10:30 p.m. CST and 6:00 a.m. CST unless there
is a public emergency.
[7]
Disability glare. All lighting must be arranged so as not to
shine directly on any adjoining property. A sign must not create light
that produces glare which shines with a harsh uncomfortably brilliant
light.
[8]
Whether issuance of a conditional use permit is in the interest
of the public health, safety, and welfare.
[9]
Any other considerations deemed necessary by the Plan Commission
and Common Council to determine if the proposed conditional use permit
would be consistent with the purposes of this chapter and the public
health, safety, and welfare.
(4)
Electronic message display signs may be permitted in a Public District upon approval of a conditional use permit. Generally, electronic message display signs shall not exceed 30 square feet in area and shall comply with all requirements/consideration listed in § 202-6C(7)(a) through (k) and § 202-6E(3)(a)[1] through [9]. A conditional use permit may be approved for an electronic message display sign area that exceeds 30 square feet. However, in addition to addressing the considerations and requirements described in § 202-6C(7)(a) through (k) and § 202-6E(3)(a)[1] through [9], the application for conditional use permit must provide specific information showing why increased sign area is needed and is in the public benefit and include specific mitigation measures that will be utilized to mitigate/reduce any negative impacts resulting from the increased size of the proposed sign.
F.
Planned residential, commercial and industrial districts.
(1)
Signs permitted shall be in compliance with similar residential,
business, or industrial districts and must be approved as part of
the conditional use permit issued for the planned residential, commercial,
or industrial district.
G.
St. Croix River Wild and Scenic Riverway and Shoreland Protection
Overlay District. (See Chapter NR 118, Wisconsin Administrative Code.)
(1)
Identification signs. Signs as approved by the State of Wisconsin,
County of St. Croix or City of Hudson which are necessary for public
health and safety; signs indicating areas that are available or not
available for public use; and nameplate or other similar signs that
are otherwise lawful, provided that they are not visible as viewed
from the river during the summer months.
(2)
Identification signs visible from the St. Croix River without natural
screening. A sign, other than an informational sign, which is visible
from the river during winter months (or if the natural screening of
the summer were to be lost or removed) must have a facing area not
exceeding 20 square feet and must be externally illuminated. The illumination
sources must be shielded from view.
(3)
Approvals. All signs erected or placed in the St. Croix River Wild
and Scenic Riverway and Shoreland Protection Overlay District within
the City of Hudson must be recommended for approval by the City Plan
Commission and receive final approval by the Common Council.
A.
Temporary construction or development site signs. The following temporary
signs are permitted to be placed on the lot or parcel to which they
refer, subject to the following standards:
(1)
One temporary sign may be installed upon a construction site in any
district denoting the name of the architect, engineer and contractors,
provided that: In nonresidential zoned districts and for nonresidential
institutional uses that are permitted in a residential district, such
sign does not exceed 80 square feet in area and shall be removed within
seven days of when construction is completed. In R-1 and R-2 Residential
Districts, such signs shall not exceed six square feet in area and
be removed upon completion of construction.
(2)
Temporary signs may be erected on a nonresidential development project,
or on a residential development project at the time that the development
includes three or more dwelling units for sale or lease, provided
that:
(a)
Such signs shall not exceed 100 square feet in area.
(b)
Only one such sign shall be permitted per street frontage upon
which the property abuts.
(c)
Such signs shall be located no closer than 100 feet to any preexisting
residence.
(e)
Such signs shall be removed when the project is completed, sold
or leased.
B.
Temporary on-premises signs for the purpose of selling or leasing
individual lots or buildings shall be permitted, subject to the following
standards:
(1)
Such signs shall not exceed six square feet for residential property
and 32 square feet for nonresidential property.
(2)
Only one such sign is permitted per street frontage upon which the
property abuts.
(4)
Such signs shall be removed within seven days following the lease
or sale.
(5)
Temporary off-premises directional signs may be erected for the purpose
of selling or leasing a single property in accordance with the following
limitations:
(a)
Not more than three signs per model home/open house.
(b)
Signs shall not be larger than four square feet.
(c)
Signs shall be placed no sooner than two hours before the model
home/open house and shall be removed within two hours after the end
of the last day of the model home/open house, but no sign shall be
displayed more than four consecutive days.
(d)
Signs shall be placed on private property only with the property
owner's permission. Signs shall not be placed in the road right of
way and shall not interfere with traffic visibility.
(e)
Each sign shall include the name and telephone number of the
owner of the sign.
(f)
Signs may not be placed more than two miles from the project.
C.
Temporary on-premises special event signs. Temporary on-premises
signs, banners, pennants, balloons, and whirling devices are allowed
devices in any zoning district when used in conjunction with a special
event on that premises, subject to the following standards:
(1)
Temporary on-premises special event signs may be displayed for not
more than 10 days including no more than two consecutive weekends.
(2)
No more than six temporary on-premises special event permits shall
be allowed per lot/premises per year.
(3)
Such temporary signs shall be attached to a wall of a building or
a fence, or for properties where the building is set back more than
50 feet from the property line, a temporary freestanding sign may
be erected with a minimum setback of five feet from the property line.
(4)
Maximum size for such signs shall be:
(a)
R-1 and R-2 Residential Districts: six square feet, maximum
height four feet. Nonresidential uses permitted on residential zoned
properties (e.g., churches, nursing homes, etc.) may have maximum
sign area of 40 square feet and a maximum height of six feet.
(b)
R-M Multiple-Family Residential District: 24 square feet.
(c)
B-1 Local Business District: 24 square feet.
(d)
B-2 General Business District: 40 square feet.
(e)
B-3 Central Business District: 24 square feet.
(f)
OFC Office District: 40 square feet.
(g)
Industrial Districts: 40 square feet.
(h)
Public Districts: 40 square feet.
(5)
Such signs shall be removed within 24 hours of the completion of
the special event.
D.
Temporary off-premises special event signs for noncommercial special
events. Temporary off-premises signs for noncommercial special events
shall be permitted to be displayed in any zoning district in connection
with a noncommercial special event, subject to the following standards:
(1)
In R-1 and R-2 Residential District zoned areas, a maximum of one
temporary off-premises noncommercial special event sign per lot or
parcel per street frontage may be displayed at one time. In R—M
Multiple Family Residential Districts, Business Districts, and Industrial
Districts, a maximum of two signs per lot or parcel per street frontage
may be displayed at one time.
(2)
Temporary special event signs placed off premises as allowed in this
chapter shall be placed on private property outside the public right-of-way
and shall have the property owner's permission.
(3)
The maximum area of any such sign shall be four square feet and maximum
height shall be four feet.
(4)
Signs shall be placed no sooner than 48 hours before the noncommercial
special event begins and be removed within four hours after the noncommercial
special event ends. If a special event is held on more than one weekend,
the temporary off-premises signs shall be removed during the week
days between the special event.
(5)
Any such sign shall be a freestanding design and no other attractors,
such as balloons or pennants, shall be attached.
(6)
Signs must display the address, date(s) and hours of the special
event.
E.
Off-premises special event directional signs. Such signs may be permitted
upon issuance of a special event directional sign permit, in situations
in which a special event takes place in several locations within the
City of Hudson. The primary purpose of such special event directional
signs shall be to assist visitors in finding the separate special
event locations, including parking locations, within the City. Off-premises
special event directional signs shall be placed on private property
with the permission of the property owner. Signs may be permitted
in the public right-of-way upon a showing that the signs are necessary
to direct traffic for the special event and that it is impractical
to place the signs on private property. Factors to consider in determining
whether placing a sign on private property shall include, but not
be limited to, whether private property owner (s) will allow the sign
on private property; slope of the property at the proposed location
for the sign; visibility concerns regarding the sign and traffic visibility.
Signs may be erected no sooner than 24 hours before the special event
and must be removed within 24 hours after the completion of the special
event. The sign area may not exceed six square feet and may include
only the name of the special event, its distance from the sign and
one directional arrow.
A.
A sign permit is required prior to the improvement, erection, construction,
reconstruction, enlargement or alteration of any sign, structural
component or mounting device unless otherwise provided in this chapter.
The owner or occupant of the premises on which a sign is to be displayed,
or the owner or installer of such sign, shall file a sign permit application
with the Community Development Department. The application shall include
a complete description of the sign and a sketch showing its size,
location, manner of construction and such other information as necessary
to inform the Community Development Department of the kind, size,
material, construction and location of the sign.
B.
The owner of any projecting sign shall furnish with his application
proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign. The
amount of insurance required shall be recommended by the Plan Commission
annually and adopted by the Common Council. The owner shall maintain
such insurance in effect at all times that the sign remains in place.
For any sign for which a permit is required, a nonrefundable
application fee, to be established annually upon recommendation of
the Plan Commission for adoption by the Common Council, shall be required
for the purpose of defraying the cost of examining and processing
the application for permit and the cost of inspecting the installation
and maintenance of such sign.
A.
If any sign is found to be constructed, installed, or maintained
in any way that violates any portion of this chapter, the Community
Development Department or other authorized City department or personnel
shall notify the property owner and the sign permittee (if not the
property owner) in writing and that the sign must be brought into
compliance or be removed.
B.
If the property owner fails to remove or alter the sign to comply
with this chapter within 48 hours following receipt of said notice
or within the time specified by the Community Development Department
or authorized departments or personnel:
(1)
Such sign shall be deemed to be a nuisance and may be abated by the
City by proceedings taken under W.S.A. Ch. 823, and the cost of abatement,
including administration expenses, may be levied as a special assessment
against the property upon which the sign is located.
(2)
Such permittee or owner may be prosecuted for violating this chapter
and, if convicted, shall be subject to a forfeiture in the amount
not to exceed $300 for each such offense plus the costs of prosecution
and, in default of payment of such forfeiture and costs, shall be
imprisoned in the county jail until such forfeiture and costs are
paid, but not exceeding six months. Each period of 24 hours wherein
the sign is not removed or altered shall be deemed to constitute another
violation of this chapter and be punishable as a forfeiture hereunder.
(3)
Nothing in this chapter shall preclude the City from enforcing this
chapter or preventing or removing a violation of this chapter by any
means allowed by law.
C.
No written notice is required for second or subsequent violations
of this chapter with respect to the same or similar sign.
A.
Except in cases where a conditional use permit is authorized or required under this chapter, i.e., § 202-6C(1)(b) and § 202-6C(2)(d), a permit applicant or permit holder may request a variance from the literal provisions of this chapter by filing a petition for a variance with the Community Development Department and paying a fee recommended by the Plan Commission annually and adopted by the Common Council.
B.
A permit applicant or permit holder also may appeal any alleged error in any order, requirement, decision or determination made by the administrative officer in the enforcement of this chapter. Appeals shall be filed in the same manner as provided in Chapter 255, Zoning, § 255-90. Variances and appeals shall be heard by the Board of Appeals.
C.
The Board shall grant a variance from the provisions of this chapter
only if the appellant proves that:
(1)
There are exceptional or extraordinary circumstances applicable to
the property or to the intended use that do not apply generally to
other property in the same vicinity and zoning district.
(2)
The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same
vicinity and zoning district but which is denied to the property in
question.
(3)
The strict application of this chapter would constitute an unnecessary
hardship.
(4)
The granting of the variance would not be materially detrimental
to the public welfare or injurious to the property or improvements
in the vicinity or zone in which the property is located.
If any section, subsection, sentence, clause, or phrase of this
chapter is declared by a court of competent jurisdiction to be invalid
for any reason, such declaration of invalidity shall not affect the
validity of the remaining portions of this chapter. The Common Council
hereby declares that it would have adopted this chapter in each section,
subsection, sentence, or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
This chapter shall be effective, after public hearing on the
chapter, adoption by the Common Council and publication as provided
by law.
