The purpose of this chapter is:
A.Â
To regulate the size, height, type, construction standards, maintenance,
and placement of signs situated within the boundaries of the Village
of Richfield, Wisconsin.
B.Â
To promote the public health, safety, welfare, and comfort of the
general public by:
(1)Â
Reducing distractions and obstructions from signs that would adversely
affect traffic safety and alleviating hazards caused by signs projecting
over or encroaching upon the public right-of-way.
(2)Â
Discouraging excessive visual competition in signage and ensuring
that signs aid orientation and adequately identify uses and activities
to the public.
(3)Â
Preserving or enhancing the community, natural beauty, and unique
physical characteristics of the Village of Richfield as a community
in which to live and work by requiring new and replacement signage
that is:
(a)Â
Creative and distinctive.
(b)Â
Harmonious with nearby buildings, surrounding neighborhood aesthetics,
and other signs in the area.
(c)Â
Appropriate to the use or business that is in operation on the
premises.
(d)Â
Expressive of the Village's identity in a manner that will
not diminish property values.
(e)Â
Complimentary to the Village's architectural character
and commercial developments.
(f)Â
Consistent with a healthy and properly designed business environment.
(g)Â
Consistent with property values within the Village.
Except as otherwise expressly noted herein, the regulations
of this chapter shall govern all outdoor signs, advertising structures
or devices with respect to location, safety, size, construction standards,
erection, attachment, support, and lighting.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A nonilluminated, projecting identification sign painted
on or affixed flat to the surface of an awning and which does not
extend vertically or horizontally from the awning.
A nonilluminated, elongated sign, intended to be hung either
with or without frames, possessing characters, letters, illustrations,
or ornamentation applied to paper, plastic, or fabric of any kind
usually used for temporary display for the special announcement of
a coming event or occasion.
Any sign at least 200 square feet but not more than 800 square
feet in area per one side, no more than 35 feet in height and generally
used to advertise a place of business or product.
A sign used by governmental and institutional agencies to
publicly display notices of meetings, services, regulations and announcements.
Such signs are not necessarily designed to be read from a distance
or by the traveling public.
A projecting sign affixed to or forming part of a permanent
canopy or marquee and which does not extend horizontally beyond the
limits or edge of such canopy or marquee.
Any sign which is characterized by manually changeable words,
letters, numbers, or symbols, not including continuous moving or electronic-oriented
signs.
A temporary sign that conveys information to the public to
promote not-for-profit, civic, and community events or functions and
to create a sense of community and character.
A sign that identifies individuals or companies involved
in design, construction, wrecking, financing, or development of a
building and/or road and to identify these future uses.
A sign that conveys text and/or graphic information that
is capable of being changed or manipulated electronically.
Devices generally made of flexible materials, such as cloth,
paper, or plastic, and displayed on strings or wires. Such devices
may or may not include words, letters, or numbers. This definition
does not include the flag of any country or state.
A sign whose illumination is not kept constant in intensity
at all times when in use and/or which exhibits changes in light, color,
direction, animation, and word/text changes. Illuminated signs which
indicate the date, time, and temperature will not be considered as
part of a flashing sign.
A freestanding sign affixed to or placed on the ground and
independent of any buildings or other permanent structure. (See "monument
sign" or "pole sign.")
Lighting that is considered obtrusive to neighboring properties
or traffic.
Lighting that is unobtrusive to neighboring properties or
traffic.
See "canopy sign."
A freestanding sign supported by a solid foundation on one
base that is at least as wide as the sign's display area.
Signs which are intended to advertise places of business
not located on the same parcel or land ownership as the off-premises
sign.
A freestanding sign supported by one or more poles, except
a monument sign.
Any sign that is mounted on wheels or can be readily moved
from place to place on the premises. Such signs are generally not
permanently attached to the ground or to a permanent structure on
the premises.
A sign not attached to the ground and projecting more than
12 inches from the face of a building or other permanent structure.
Any sign primarily used for advertising the sale or transfer
of real estate.
A motor fuel station located on a parcel that has direct
access to a state trunk highway and is located within 300 feet of
the right-of-way of an interstate highway and that also has 15 or
more pumps for passenger cars/light trucks and eight or more diesel
pumps for trucks.
[Added 11-29-2018 by Ord.
No. 2018-11-03]
A sign erected on or over the roof of a building.
See "ground sign."
Any display of lettering, logos, colors, lights, or illuminated
neon tubes visible to the public from outside of a building or from
a traveled way, which either conveys a message to the public, or intends
to advertise, direct, invite, announce, or draw attention to goods,
products, services, promotions, events, occasions, facilities, persons,
property interest, or business either on the lot or on any other premises.
The area of the facade of the building facing or abutting
upon a street right-of-way up to the ceiling line of the top floor
which is free of windows and doors or major architectural detail on
which signs may be displayed.
That part of a total sign structure which encompasses the
sign message, exclusive of a structure upon which the sign area is
affixed or which supports the sign area. However, for the purpose
of computing square feet of a sign area, any exposed structure which
supports a sign may not comprise more than 1/3 of the visible or exposed
surface of one side of a total sign structure.
Any sign not permanently attached to the ground, wall or
building, designed to advertise a commodity or event for a specific
amount of time.
A banner affixed to the outfield fence of a baseball diamond
owned by the Village of Richfield for the purposes of off-site advertising.
[Added 2-17-2011 by Ord. No. 2011-2-1]
The sign area, plus any exposed area or members of the supporting
structure on or to which the sign, or sign message, is affixed. Decorative,
landscaped earthen berms or structures which are composed principally
of exposed earth and/or landscape (plant) materials are not included
as part of the total sign structure.
The unoccupied triangular space at the street corner of a
corner lot which is a line joining points on such lines located a
minimum of 15 feet from their intersection. Corner lots located on
arterial streets shall be increased to 30 feet.
A sign which is attached to a wall of a building or structure
and projects not more than 12 inches from such wall.
A sign painted on or affixed to a window. Materials affixed
to a window shall be affixed to the inside surface of the window.
A.Â
It shall be unlawful for any person to locate, erect, move, reconstruct, extend, enlarge, convert, or structurally alter any sign without a permit, except those signs described in § 309-19, and all signs in the Village shall fully conform to the requirements of this chapter. The Building Inspector shall notify the property owner of the violation and specify a set date to come into compliance with this chapter. No sign shall be placed in the public right-of-way unless specifically authorized in this chapter. If the property owner fails to comply he will be subject to a penalty as provided in § 1-3 of this Code. Legal nonconforming signs shall follow the provisions in § 309-9.[1]
B.Â
The zoning districts referred to in this chapter shall be the zoning districts created and existing, from time to time, pursuant to the Village Zoning Ordinance. Section 70.212 of the Zoning Ordinance specifically permits or excludes certain signage within the Walkable Hamlet District(s). Signage for the Walkable Hamlet District shall comply with this chapter, where applicable.
C.Â
All signs, except those signs described in § 309-19, shall comply with the structural and construction standards of §§ 309-14 and 309-15, as well as Chapter 135, Building Construction, of this Code, and shall, if illuminated, comply with Article II of Chapter 135, as evidenced by the issuance of an electrical permit.
E.Â
No sign shall be erected or maintained contrary to the provisions
of §§ 84.30, 86.19 and 86.191, Wis. Stats.
F.Â
Words and phrases on signs shall be kept to a minimum. Signs shall
serve a primary function of way finding and site identification. Signs
having immoral or indecent verbiage may require rewording or rephrasing
the sign prior to issuance or reissuance of a permit.
G.Â
Violations of this chapter shall be subject to a citation for each
day of noncompliance.
A.Â
Applications for permits shall be filed with the Building Inspector
who shall review the application for its completeness and accuracy
and approve or deny the application within 10 days of receipt unless
the time is extended by written agreement with the applicant.
B.Â
Temporary signage, if planned throughout an entire calendar year,
may be applied for on a separate form. This would reserve the amount
of signage, time frames permitted, and durations in between sign postings,
within a given year.
C.Â
A sign shall become null and void if work authorized under the permit
has not been completed within one year from the date of issuance.
D.Â
Applications shall be made on forms provided by the Building Inspector
and shall contain or have attached thereto the following information:
(1)Â
Name, address, and telephone number of the sign erector, sign owner,
and property owner of the premises on which the sign is located or
is to be located.
(2)Â
Name of person, firm, corporation, or association erecting the sign.
(3)Â
Written consent of the owner and lessee of the building, structure
or land to which or upon which the sign is to be affixed or erected.
(4)Â
A scaled drawing of the proposed sign indicating the height, perimeter,
and area dimensions, the color and materials to be used, the type
of illumination, if any, and the method of construction and attachment,
and any other significant aspect of the proposed sign.
(5)Â
A scaled site drawing indicating the location and position of such
sign in relation to nearby buildings, structures or signs, as well
as position of the sign with distances in relation to adjacent lot
lines, buildings, sidewalks, setbacks, streets, and intersections
shown on a legal plat produced by a licensed surveyor or engineer.
(6)Â
The purpose of the sign and information, or type of information,
or message to be displayed on the face of the sign.
(7)Â
Copies of any other permit required and issued for the sign must
be submitted to the Building Inspector at the time of application
submittal. The Building Inspector shall examine the plans and specifications,
inspecting all wiring and connections, to determine if the proposed
sign complies with this chapter.[1]
(8)Â
Additional information such as photographs as may be required by
the Building Inspector.
E.Â
Issuance of permit.
(1)Â
Upon review of the sign the Building Inspector shall review all plans,
specifications and other pertinent data. The Building Inspector shall
determine whether the proposed sign is in compliance with the requirements
of this chapter and all other regulations of the Village of Richfield.
(2)Â
Following the Building Inspector's review of the sign permit
application, the Building Inspector shall take the following actions:
(a)Â
If the proposed sign is not in compliance with the requirements of this chapter and all other regulations of the Village of Richfield, the Building Inspector shall deny such permit and state the specific reasons for the denial (see § 309-6, Appeals).
(b)Â
If the Building Inspector determines there is a question as
to whether or not the proposed sign is in accordance with the intent
of this chapter, the Building Inspector shall refer the sign permit
application to the Plan Commission. If the question concerns specifically
the architectural character of the sign, the Plan Commission may refer
the sign to the Architectural Review Board for additional review.
Any person aggrieved by a decision of the Building Inspector
with respect to the administration of this chapter may, within 10
working days after receiving official notification by the Village,
appeal the decision of the Building Inspector to the Village Board.
A.Â
Inspection. Signs for which a permit is required may be inspected
periodically by the Building Inspector for compliance with this chapter
and other Village codes.
B.Â
Removal of illegal or unsafe signs. If the provisions of this chapter
are not being met, the Building Inspector shall report such fact to
the sign owner and request that the sign be made to comply with this
chapter. Any sign in violation of this chapter shall be brought into
compliance within 30 days or a time set by the Building Inspector.
If the sign is not made to comply with this chapter, the Building
Inspector may direct the sign to be removed by the owner, and if not
so removed, a citation may be issued.
C.Â
Maintenance. The owner of a sign and/or the owner of the land on which the sign is situated shall maintain such sign in good and safe condition, which includes restoring, repainting or replacing a worn or damaged legally existing sign on the effective date of this chapter to its original condition, and shall maintain the premises on which the sign is erected in a clean, sanitary and inoffensive condition, free and clear of all noxious substances, rubbish, weeds and grass. Failure to maintain the sign after notice from the Building Inspector shall be cause for the removal of such signs under Subsection B. Whenever the Building Inspector determines that the cost to repair a sign will exceed 50% of its replacement cost, such sign shall be deemed a hazard, and the Building Inspector shall order its removal under Subsection B. This subsection shall apply to new and legal nonconforming signs.
D.Â
Abandoned signs. A sign used to advertise a business which no longer operates shall be removed by the owner or lessee of the premises upon which the sign is located within one year of the last day of the business operation. If the owner or lessee fails to remove it, the Building Inspector shall give the owner 10 days' written notice to remove it. Upon failure to comply with this chapter, the property owner will be subject to penalty as provided in § 1-3 of this Code. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this chapter, this removal shall not apply. The new sign user shall forthwith apply to the Building Inspector for a new sign permit in the same manner as if the sign(s) were new to the premises.
Signs lawfully existing at the time of the adoption of this chapter or related amendment to this chapter may be continued, although the size or location may not conform to this chapter, provided that the owners of such signs shall, within two years of the effective date of this chapter or any amendment thereto, apply for a permit under this chapter. Upon the filing of such application, the Building Inspector shall issue a permit to the sign owner without charge. Nonconforming signs shall adhere to the provisions of § 309-9.
[Amended 3-18-2010 by Ord. No. 2010-3-1]
A.Â
Signs which were lawful prior to the time this chapter was passed
or amended but which would be prohibited, regulated, or restricted
under the terms of this chapter shall be deemed legal nonconforming
signs. Such signs shall be permitted to continue until such time a
major change is made to the sign. Major changes include changing the
name or size, adding lights, refurbishing and/or relocation.
B.Â
All nonconforming signs shall be kept in good repair and in safe,
neat, clean, and attractive condition. In the event that a sign is
not kept in good condition or is demolished by any force whatsoever
to the extent of 50% or more of its replacement cost at the time of
the damage, any replacement sign shall then conform to this chapter,
except in circumstances where rebuilding is allowed by state statute.
Nothing herein shall prevent maintenance, repainting or normal repair
of legally established nonconforming signs.
C.Â
In any zoning district, where any sign does not comply with the provisions
of this chapter, such sign and any supporting structures may be maintained
in their existing condition. Nonconforming signs can be repainted
or refaced, provided that the height and landscaping requirements
are met in the underlying zoning district. Nonconforming signs may
not be enlarged, extended, moved, modified, reconstructed, or structurally
altered except in accordance with this section and without first obtaining
the necessary permits from the Village.
D.Â
A nonconforming sign must be removed if the structure, building,
or use to which it is accessory is destroyed, or demolished to an
extent exceeding 50% of the appraised value of the principal structure,
building, or use, except in circumstances where rebuilding is allowed
per state statute.
E.Â
A nonconforming sign which is destroyed or damaged to an extent exceeding
50% of its appraised value may be altered, replaced, or reinstalled
as a special exception approved by the Plan Commission. If the damage
or destruction is 50% or less of the appraised value, the sign may
be restored within 60 days of the damage but shall not be enlarged
in any manner.
F.Â
Supporting structures for nonconforming signs may continue in use
for a conforming sign if said supporting structures comply in all
respects with the applicable requirements.
G.Â
If a legal nonconforming off-premises sign is removed for any reason,
the Village Board may, upon petition of the property owner and the
business owner, allow the reestablishment of such sign upon a determination
that the affected business is a permitted use in the zoning district
in which it is located or is classified as a legal nonconforming use,
the sign regulations in effect at the time do not allow the affected
business to establish an off-premises sign in the zoning district
in which it is located, and reestablishment of such sign is necessary
for the continued operation of the business. If approval is granted,
the property owner shall file a deed restriction, as approved by the
Village Attorney or Village Administrator, in the office of the Register
of Deeds for Washington County that contains the following provisions:
such sign may only advertise the business listed in the petition,
such sign shall be removed and not again reestablished if such business
does not operate for any reason for 12 continuous months, and any
other specific provision or condition of approval deemed advisable
by the Village Board. The reestablished sign shall be placed in the
same location as the sign that was removed, provided that such location
meets applicable siting requirements of this chapter, shall be no
larger than 32 square feet or the size of the sign that was removed,
whichever is smaller, and shall not exceed a height of eight feet
above existing grade.
A.Â
Signs shall not resemble, imitate or approximate the shape, size,
form or color of railroad or traffic signs, signals or devices.
B.Â
Signs shall not obstruct or interfere with the effectiveness of railroad
or traffic signs, signals or devices.
C.Â
Signs shall not be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape, and
no sign shall be attached to a standpipe or fire escape.
D.Â
Signs shall be placed so as not to obstruct or interfere with traffic
visibility and shall not be lighted in a way which causes glare or
impairs driver visibility upon public ways.
E.Â
Decorative or wall art shall only be allowed after a public hearing
and affirmative action by the Village Board.
F.Â
Banners, pennants, streamers, balloons, inflatable signs, and other gas-filled figures are not permitted, except as a temporary sign, as may be permitted per § 309-28 of this chapter.
G.Â
Billboard signs are not permitted in any district, unless otherwise
stated in this chapter.
H.Â
All signage promoting products and/or services integral to the use
of a business or service, located off the premises of said business,
is not permitted, unless otherwise specified by this chapter.
J.Â
Unprofessional hand-painted signs erected as permanent outdoor advertising
signs are not permitted.
K.Â
The tacking, pasting, or otherwise affixing of signs of a miscellaneous
character, visible from a roadway, located on the walls of buildings,
barns, sheds, trees, poles, posts, fences, or other structures, is
prohibited unless otherwise permitted by this chapter.
L.Â
No sign or any portion thereof shall be permitted which moves or
assumes any motion or gives the illusion of moving.
M.Â
No portable signs shall be permitted, including but not limited to A- or T-frame signs and signs on trailer frames, whether or not the trailer wheels or the typeface has been removed, except where permitted as temporary signs set forth in § 309-28 of this chapter.
N.Â
Any sign on top of a roof is prohibited.
O.Â
Overhead swinging signs, except those meeting the requirements for
suspended signs, are prohibited.
P.Â
No sign shall be placed on any communication, radio, or cell tower
without the approval of the Plan Commission.
Q.Â
Signs placed on parked vehicles, boats, trucks, or utility trailers
which are visible from a public right-of-way for which the apparent
purpose is to advertise a product or to direct the public to a business
or activity are prohibited. This subsection is not intended to apply
to standard advertising or identification practices where signs or
advertising is painted on or permanently attached to business or commercial
vehicles which are used in the daily operation of the business and
parked in designated parking spaces designed for their particular
vehicle type.
R.Â
No signs are allowed which operate or employ any stereopticon or
motion-picture projection or media in conjunction with any advertisements,
have visible moving parts, or give the illusion of movements, except
as permitted in this chapter.
S.Â
No signs which emit audible sound, odor, or visible matter are permitted.
Signs containing moving parts or reflective elements through means of flashing, blinking, scrolling, rotating, causing glare or other graphic portrayal are not permitted. Static information may be expressed within a five-minute time frame, with such information complying with Article I of this chapter. Digital information must be shown using low-intensity lighting with soft colors, as seen from a public right-of-way. Use of fluorescent colors and/or high-intensity lighting is not permitted. Signs indicating the current time, date and temperature are also permitted.
All signs must meet the following illumination criteria:
A.Â
All illuminated signs must meet the standards as specified in the
National Electrical Code, as adopted and amended by the state.
C.Â
No sign shall have blinking, scrolling, flashing, or fluttering lights,
nor shall any device be utilized which has a changing light intensity,
brightness or color, or gives that illusion.
D.Â
The full number of illuminating elements thereof shall be kept in
satisfactory working condition or immediately repaired or replaced.
Signs that are only partially illuminated shall meet all electrical
requirements for that portion directly illuminated. All electrical
wiring shall be in conduit and not exposed to the elements or external
streets in any way. All electrical signs shall have a disconnecting
switch located in a readily accessible place.
E.Â
The direct nonreflected light from a primary light source shall not
create a traffic hazard to operators of motor vehicles on public and/or
private roadways.
F.Â
The light from any illuminated sign shall be so shaded, shielded,
or directed that the light intensity or brightness will not be objectionable
to the surrounding areas. No light shall shine directly onto adjacent
property.
G.Â
No sign within 50 feet of a residential use or residentially zoned
property shall be illuminated unless the sign is visibly obstructed
from view from the residential use or property. This restriction shall
not apply to signs identifying residential subdivisions or multifamily
developments.
