[HISTORY: Adopted by the Common Council of
the City of Lodi 4-2-2019 by Ord. No. A-537.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 340.
[1]
Editor's Note: This ordinance also repealed former Ch. 278,
Signs, adopted as Ch. 29 of the City Code, as amended.
This chapter shall be known as, referred to and cited as the
"Sign Code of the City of Lodi, Wisconsin."
This chapter is enacted pursuant to the authorization contained
in § 62.23, Wis. Stats.
A.
The purpose of this chapter is to establish standards for the construction,
fabrication, erection, and use of signs, and to regulate the location,
type, material, size, height, illumination and animation of signage
for all properties within the City of Lodi. The adoption of this chapter
reflects the formal finding of fact by the City of Lodi Plan Commission
and City Council that regulation of signage advances the following
substantial and compelling governmental interests:
(1)
Aesthetics. To maintain and enhance the beauty, unique character,
aesthetic environment, and quality of the City of Lodi, in a manner
that will attract commerce, businesses, economic development, residents
and visitors; to preserve, conserve, protect, and enhance the aesthetic
quality and scenic beauty of all zoning districts of the City; to
regulate the appearance and design of signs in a manner that promotes
and enhances the beautification of the City and that complements the
natural surroundings in recognition of the City's reliance on
its natural surroundings and beautification efforts in retaining economic
advantage for its community; and to assure that the benefits derived
from the expenditure of public funds for the improvement and beautification
of streets, sidewalks, public parks, public rights-of-way, and other
public places and spaces, are protected by exercising reasonable controls
over the physical characteristics and structural design of signs.
(2)
Traffic, bicycle and pedestrian safety. To maintain and improve vehicular
traffic, bicycle and pedestrian safety through properly located signs;
to regulate signs in a manner so as to not interfere with, obstruct
the vision of, or distract motorists, bicyclists or pedestrians; to
allow for traffic control devices whose purpose is to promote roadway
safety and efficiency by providing for the orderly movement of road
users on streets and roadways, and that notify users of regulations
and provide warning and guidance necessary for the safe, uniform and
efficient operation of all elements of the traffic stream.
(3)
Economic development. To promote economic development and the value
of nonresidential properties, through sensitivity to surrounding land
uses and maintaining an attractive community appearance.
(4)
Effective communication. To encourage signs which are clear and legible;
to encourage the effective use of signs as a means of communication.
(5)
Identification of goods and services. To aid the public and private
sectors in identifying the location of goods and services.
(6)
Compatibility with surroundings. To allow signs that are compatible
with their surroundings and neighborhood character, while precluding
the placement of signs that contribute to sign clutter or that conceal
or obstruct adjacent land uses or signs; to preclude signs from conflicting
with the principal permitted use of the site and adjoining sites;
and to minimize the possible adverse effect of signs on nearby public
and private property.
(7)
Consistency with City plans. Advance the vision, goals, objectives
and policies of the City's Comprehensive Plan and Main Street
Corridor Plan.
B.
The sign regulations in this chapter are not intended to censor speech
or to regulate viewpoints, but instead are intended to regulate the
adverse secondary effects of signs. Furthermore, these regulations
leave ample and adequate alternative channels of commercial speech
communication for the messages portrayed on advertising signs, namely,
distributed print media, broadcast media, social media, and point-of-purchase
display, and is narrowly defined so as to limit said prohibition to
commercial speech on exterior signage and signage intended to be viewed
from beyond the boundaries of a site.
It is hereby declared to be the intention of the Common Council
of the City of Lodi that the several provisions of this chapter are
separable, in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provision of this chapter not specifically included in said
judgment;
B.
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building, or structure, such judgment shall not affect the application
of said provision to any other property, building, or structure not
specifically included in said judgment.
Notwithstanding any language to the contrary in any other City of Lodi ordinance, a sign shall not be considered a structure or part of a structure for the purpose of applying yard and height regulations found in Chapter 340, Zoning, and for the purpose of applying permit requirements under City ordinances. Yard and height regulations of this chapter shall control over any contrary provision in any other ordinance.
A.
Regulations apply to all zoning districts. The requirements of this
chapter apply to all signs in all zoning districts unless specifically
exempted or excluded.
B.
Certain signs excluded. For the purpose of this chapter, the term
"sign" does not include:
(1)
Signs which are authorized to be placed within the limits of a street
or highway under § 86.19, Wis. Stats., or regulations enacted
under it.
(2)
Signs erected and maintained by the City of Lodi or its utilities
in carrying out its governmental or utility duties.
(3)
Signs erected and maintained by other public utilities that are required
to be erected by law, ordinance or regulation or which are placed,
in the judgment of the utility, to warn the public of potentially
dangerous situations.
(4)
Signs on a vehicle, other than an unlawful vehicle sign.
(5)
Interior building signs located on the interior of a building and
not attached to an exterior window, which are primarily oriented to
persons within the building.
(6)
Window displays of merchandise, pictures, or models of products or
services incorporated in a window display which are not directly attached
to an exterior window surface.
(7)
Umbrella signs with signage directly affixed via sewing, silk screening,
painting or similar method to a nonrigid umbrella which is mounted
on or in a table or in an umbrella holder adjacent to the table or
outside seating areas for a licensed business establishment.
(8)
Flags which do not contain a commercial message, logo, or colors.
(9)
Decorations that are incidentally and customarily associated with
any national holiday or religious holiday, or with any community festival
or similar event.
A.
Applicability. Except as otherwise provided in this chapter, no sign
shall be erected, used, or altered until a sign permit has been issued
by the Zoning Administrator for such sign. The changing of movable
parts of signs which are designed for change or the repainting of
original copy matter shall not be deemed to be alterations. Where
a sign permit is not required from the Zoning Administrator under
Tables 278-15A through 278-15D,[1] all signs are still required to conform to the regulations
of this chapter.
[1]
Editor's Note: Said tables are included as an attachment to this chapter.
B.
Forms. Sign permits shall be on forms as prescribed by the City and
shall include sufficient information, images, and diagrams in order
for the City to determine compliance with this chapter, including
a site plan indicating where the proposed sign would be located and
a drawing showing the design and dimensions of the sign.
C.
Fees. Fees for sign permits shall be set from time to time by the
Common Council by resolution. Fees shall be paid to the City Clerk
at the time of submittal of the permit forms.
D.
Granting and issuance.
(2)
Where a sign permit is required under Tables 278-15A through 278-15D, the Zoning Administrator shall review said application for compliance with Subsection E, below, and shall, in writing, either approve or deny said sign permit within 10 working days of the acceptance of the complete application and payment of the required fee to the City Clerk. The Zoning Administrator may, at his or her discretion, refer the permit approval to the next Plan Commission meeting for recommendation regarding the permit.
(3)
Tables 278-15A through 278-15D identify when a sign permit may not be granted prior to the approval of a conditional use Permit, Plan Commission or City Council approval. In such cases, the Zoning Administrator shall review said application for compliance with Subsection E, below, and shall schedule the item on the appropriate meeting agenda(s) within 30 working days of the acceptance of the complete application and payment of the required fee. Within 10 working days of recommendation or action by the body with recommending or approval authority, the Zoning Administrator shall approve or deny said sign permit based on such recommendation or action.
(4)
Denial of a sign permit shall not result in total or partial reimbursement
of permit fees paid. However, applicants may resubmit a revised application
within 30 days of the denial for the same sign under the original
permit fee.
E.
Basis for granting sign permit. In deciding whether or not to grant
a sign permit, the Zoning Administrator shall determine whether the
proposed sign is in compliance with the provisions of this chapter.
In such review, the Zoning Administrator may also consider the following
factors:
(1)
Whether the sign is designed, constructed, installed, or maintained
in such a manner that it does not endanger public safety or traffic
safety.
(2)
Whether the sign is in compliance with all provisions of the City
of Lodi Municipal Code and Building Code. The Zoning Administrator
may refer the permit to the City's Building Inspector for review
and recommendation prior to issuing a determination on the permit.
F.
Enforcement and revocation of sign permit.
(1)
A sign permit may be revoked if the applicant has failed to comply
with the provisions of this chapter, or any conditions that may have
accompanied the permit at the time of issuance, or misrepresentation
of fact on the permit application. Revocation requires written notice
by the Zoning Administrator.
(2)
In the event that construction and installation of a sign for which
a permit has been issued has not commenced within one year from the
date of the issuance of such permit, said permit shall be null and
void and automatically revoked. If work authorized by such permit
is suspended or abandoned for a period of 180 days any time after
the work is commenced, the original permit shall become null and void.
In such cases, a new permit shall be obtained to complete the work,
and a new permit fee shall be required.
(3)
Any sign subject to a revoked permit shall be removed by the licensee,
sign owner, or property owner within 60 days of such revocation.
(4)
Revocation shall not result in total or partial reimbursement of
permit fees paid.
Any person affected by a decision of any City official or department acting under the terms of this chapter may petition for a hearing before the Board of Zoning Appeals as prescribed in Chapter 340. The filing of such petition automatically stays removal of any sign involved and already legally erected until the Board of Zoning Appeals decides whether to sustain, modify, or withdraw the notice.
A.
Any sign erected, constructed, altered, enlarged, converted, moved
or maintained contrary to the provisions of this chapter shall be
declared unlawful, and the City Attorney may, upon any such violation
having been called to his or her attention by the Building Inspector
or Zoning Administrator, institute injunction, mandamus, abatement
or any other appropriate action to prevent, enjoin, abate or remove
such erection, construction, reconstruction, alteration, conversion,
maintenance or use, or, in the alternative, a citation may be issued
by the Police Department for such violation.
B.
Any person, firm, association or corporation who or which shall violate any of the provisions of this chapter shall, upon judgment or conviction therefor, be subject to a penalty as provided in Chapter 1, § 1-3, of the Lodi Municipal Code. In any such action, the fact that a permit has been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of the public official, board or department constitute a defense.
C.
Any and all costs incurred by the City in the removal of a sign or
sign structure pursuant to the provisions of this chapter, which authorized
assessment of the cost, shall constitute a lien against the property
upon which the sign or sign structure existed and shall be collected
in the same manner as provided elsewhere in the regulations of the
City of Lodi.
A.
Construction. All signs shall be constructed, mounted, and maintained
so as to comply with the appropriate provisions of the Building Code
as adopted by the City relating to the design, structural members
and connections. Illuminated signs shall also comply with the applicable
provisions of the Electrical Code as adopted by the City. Every sign
and its framework, braces, anchors and other supports shall be constructed
of such material and with such workmanship as to be safe and satisfactory
to the Building Inspector.
B.
Maintenance and repair. Maintenance of signs is allowed and maintenance
of the same shall not require a permit. All signage within the jurisdiction
of this chapter shall remain in a state of proper maintenance. Proper
maintenance shall be the absence of loose materials (including peeling
paint, paper or other material), the lack of excessive rust, the lack
of excessive vibration or shaking, and the presence of the original
structural integrity of the sign, its frame and other supports, its
mounting, and all components thereof. Illuminated signs shall be maintained
in good operating condition, including prompt removal and replacement
of all defective bulbs, light-emitting diodes, fluorescent tubes,
neon or other inert gas light segments, damaged or deteriorated electrical
wiring, and malfunctioning control devices and related circuitry.
The owner, lessee, or manager of a sign, and the owner of the land
on which the same is located, shall keep grass or weeds and other
growth cut and debris and rubbish cleaned up and removed from the
site on which the sign is located.
A.
Unsafe signs. Should any sign be or become unsafe or in danger of
falling, the tenant and/or the owner of the property on which the
sign is located or the person maintaining the same shall, upon receipt
of written notice from the Zoning Administrator or Building Inspector,
proceed at once to put such sign in a safe and secure condition or
remove the sign. If any such person fails to comply within 15 days
of such notice, he or she will be in violation of this chapter. The
Zoning Administrator or Building Inspector, or their agents, may without
notice order any structurally unsafe or structurally insecure sign
to be immediately removed if the sign presents an immediate peril
to the public health or safety.
B.
Obsolete and abandoned signs. All signs shall be removed by the owner
or lessee of the premises upon which the sign is located when a business
that it advertises has not been conducted for a period of 180 days
or when, in the judgement of the Zoning Administrator or Building
Inspector, such sign is so old, dilapidated, or has become so out
of repair as to be dangerous or unsafe, whichever comes first. If
the owner or lessee fails to remove it, the City may give written
notice to the owner of the property on which such a sign is located,
which notice shall give such owner 60 days to either bring such sign
into compliance with this chapter or remove the sign. If the property
owner fails to comply with the notice, he or she shall be guilty of
a violation of this chapter.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the City limits as of January 1, 2019, or located in
an area annexed to the City that does not conform with this chapter
is eligible for characterization as a legal nonconforming sign and
is permitted, providing it meets the following requirements:
B.
Loss of legal nonconforming status. A sign loses its nonconforming
status if one or more of the following occurs:
(1)
The sign is structurally altered in any way. Altering a sign does
not include maintaining the existing appearance of the sign, changing
or replacing the sign face, or changing the message of a marquee or
governmental information sign. A tenant sign which comprises part
of a business center sign may be replaced to accommodate a new tenant
sign without triggering the need to bring the entire project identification
sign, or any of its parts, into compliance with the provisions of
this chapter;
(2)
The sign is relocated;
(3)
The sign fails to conform to City requirements regarding maintenance
and repair and dangerous or abandoned signs;
C.
Legal nonconforming sign maintenance and repair. Nothing in this
chapter shall relieve the owner of a legal nonconforming sign or the
owner of the property on which the sign is located from the sections
of this chapter regarding maintenance and dangerous and abandoned
signs.
A.
Consent of owner. Except as required by state law, no sign may be
displayed without the consent of the legal owner of the property on
which the sign is mounted or displayed. For purposes of this policy,
"owner" means the holder of the legal title to the property and any
party and person holding a present legal right to possession, control,
or use of the property.
B.
Substitution of noncommercial speech for commercial speech. Any sign
authorized by this chapter may contain a noncommercial message. The
sign face may be changed from a commercial message to a noncommercial
message or from one noncommercial message to another noncommercial
message; provided, however, that there is no change in the size, height,
setback or spacing criteria contained in this chapter.
C.
Appearance and design. The color, materials, and design of sign structures
shall be complementary to the primary facade of the building on the
subject property. The design of sign faces shall contribute to the
legibility of the sign.
D.
Signs on City property. Except as required by state law or otherwise
permitted by this chapter, any sign installed or placed on City property
without the consent of the City shall be deemed illegal and shall
be forfeited to the public and subject to confiscation without notice.
E.
Signs on public rights-of-way. Except as required by state law or
otherwise permitted by this chapter, any sign installed or placed
on public rights-of-way without the consent of the City shall be deemed
illegal and shall be forfeited to the public and subject to confiscation
without notice. No person shall paste, tape, staple, or otherwise
fasten any paper or other material to, nor paint, stencil, or otherwise
write or color, any object, vegetation, or pavement located within
any street right-of-way; nor shall any of such object, vegetation,
or pavement be defaced in any manner without the consent of the City.
F.
Signs projecting over adjacent property. Signs may not project over
adjoining parcels of other owners.
G.
Signs projecting over public rights-of-way. Signs shall not be permitted to project over public rights-of-way except for approved street banner signs, and certain permitted signs in the C-2 District, provided the provisions of Subsection H below are met, and the sign may not extend to a point closer than two feet to the curb face. Where such sign projects over a Wisconsin state highway, a permit from the WisDOT shall be required in addition to a permit from the City.
H.
Sign setbacks and placement.
(1)
Except for approved on-building signs, pedestrian signs, or sandwich
board signs in the C-2 District, all signs shall be completely located
on private property.
(2)
No sign shall 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.
(3)
No sign shall be placed in a manner that would impede vehicular or pedestrian safety, or impede access or visibility. No sign shall be placed in a vision triangle as defined under § 340-19.
(4)
Freestanding signs adjacent to public sidewalks shall be set back
so that the sign base or any portion of the signage area under 10
feet in height is not within two feet of the sidewalk.
I.
Measurement of sign height: the vertical distance from the base of
the sign at average grade to the top of the highest attached component
of the sign.
J.
Measurement of sign area. The measurement of sign area is based on
the arrangement of sign copy and sign background:
(1)
In the case of a freestanding sign (including three-dimensional objects),
sign area shall include the total sign areas that can be viewed from
any single vantage point, i.e., for a typical freestanding sign that
faces two directions, only the largest sign face visible from any
single vantage point shall count toward the total permitted sign area.
Sign area shall not include any elements of the sign structure designed
solely for support of the sign structure and located below or to the
side of the sign message. Examples of parts of a freestanding sign
structure which are exempt from the sign area include the sign base
and the supporting columns, posts, or poles.
(2)
For signs comprised of individual letters and related copy which
are attached to a background surface, such as an awning, sign area
shall be measured as the sum of the smallest rectangles and right
triangles enclosing entire sign message.
(3)
For signs comprised of letters and related copy surrounded by one
or more sign background colors on a single panel, frame, or cabinet,
sign area shall be measured as the sum of the smallest single rectangle
and right triangles enclosing the entire panel, frame or cabinet.
(4)
For signs comprised of individual letters and related copy surrounded
by one or more sign background colors on individual panels, frames
or cabinets, sign area shall be measured as the sum of the smallest
single rectangle and right triangles enclosing the entire sign message
and any and all background color areas.
(5)
For signs comprised of one or more three-dimensional objects (i.e.,
balls, cubes, clusters of objects, sculpture or statue-like trademarks),
the sign area shall be measured as their maximum projection upon a
vertical plane.
K.
Sign illumination.
(1)
Electrical permit. All signs in which electrical wiring and connections
are to be used shall comply with all applicable provisions of the
Wisconsin State Electrical Code. If the sign contractor is not UL
listed (Underwriters' Laboratories), the applicant shall have
an electrical subcontractor to supervise the work and obtain an electrical
permit prior to installation. Electric service to signs shall be concealed
from public view.
(2)
Voltage displayed. The voltage of any electrical apparatus used in
conjunction with a sign shall be conspicuously noted on that apparatus.
(3)
External illumination. Exterior illumination of signage shall be
limited to direct illumination from a shielded light source or individual
solid letters with internal lighting sources that backlight the wall
in a "halo" effect. The lighting element of all such fixtures shall
not be visible from public rights-of-way or adjoining properties.
(4)
Internal illumination. Internally illuminated signs shall permit
light to shine fully through the lettering and graphic element of
the sign. The background for such lettering and graphics shall be
opaque or translucent and shall transmit light at a level substantially
less than that transmitted through the lettering and graphics. If
the contrast between the lettering or graphic elements and background
does not permit adequate legibility, a translucent white boarder of
up to one inch in width may be placed around said lettering or graphic
elements.
(5)
Brightness limitation.
(a)
Electronic messaging signs. In no instance shall lighting intensity
from an electronic messaging sign exceed 0.30 footcandle above ambient
lighting conditions on a cloudless night when measured at an appropriate
distance with a standard light meter held four feet above the ground
level with the light sensor pointed toward the sign face. Appropriate
distance shall be calculated as the square root of: the area of the
sign (single side) multiplied by 100, rounded down to the nearest
whole number. For example: area of the sign equals 85 square feet;
appropriate distance is the square root of 85 multiplied by 100 or
92.2. Appropriate distance equals 92 feet. In no instance shall lighting
intensity from an electronic messaging sign exceed 0.50 footcandle
above ambient lighting conditions on a cloudless night when measured
with a standard light meter held four feet above the ground level
with the light sensor pointed toward the sign face at the property
line adjoining residential zoned properties. Electronic messaging
signs shall be equipped with photosensitive equipment which automatically
adjusts the brightness and contrast of the sign in direct relation
to the ambient outdoor illumination.
(b)
All other illuminated signs. In no instance shall lighting intensity
from an illuminated sign exceed:
[1]
Within residential zoning districts: 0.50 footcandle above ambient
lighting conditions on a cloudless night when measured at all adjoining
property lines with a standard light meter held four feet above the
ground level with the light sensor pointed toward the sign face.
[2]
Within all zoning districts: 75 footcandles above ambient lighting
conditions on a cloudless night when measured with a standard light
meter held four feet above the ground level with the light sensor
pointed toward the sign face from a distance equal to the narrowest
dimension of the sign face. When the sign is located on a lot adjoining
a property zoned and used exclusively for residential purposes, this
limit is reduced to 50 footcandles and in no instance shall lighting
intensity from the sign exceed 0.50 footcandle above ambient lighting
conditions on a cloudless night when measured with a standard light
meter held four feet above the ground level with the light sensor
pointed toward the sign face at the adjoining property line.
(6)
Glare. All artificial illumination shall be designed, located, shielded,
and directed so as to prevent the casting of glare or direct light
upon adjacent public rights-of-way or surrounding property.
(7)
Reflectors and lights. Where gooseneck sign lighting is allowed,
reflectors or other shields may be required to concentrate the illumination
upon the area of the sign so as to prevent glare upon the street or
surrounding property. It shall be unlawful to maintain any sign which
is wholly or partially illuminated by floodlights or spotlights, unless
such lights are completely concealed from view from the public rights-of-way.
A.
Abandoned sign.
B.
Advertising vehicle signs. Except vehicles legally parked in any
of the locations described below:
(1)
A licensed and operable business vehicle parked on site at the place
of business in a parking space designated for vehicle parking or storage
on a site plan approved by the City; or
(2)
A licensed and operable business vehicle legally parked on site at
the residence of an employee (including driveways and legal on- and
off-street parking spaces) or customer.
C.
Beacon/search beacon sign.
D.
Commercial message flag sign.
E.
Flashing or moving sign.
F.
Mobile/portable/trailer sign.
G.
No permanent sign or part thereof shall contain or consist of strings
of lights, pennants, ribbons, streamers, spinners or other similar
moving devices.
H.
Outside neon signs.
I.
Off-premises advertising sign.
J.
Roof sign.
K.
Traffic interference/safety hazard. No sign shall be erected at any
location where it may, by reason of its position, shape, color or
design, interfere with, obstruct the view of, or be confused with
any authorized traffic sign, signal or device, nor shall such sign
make use of words such as "stop," "look," "danger," or any other word,
phrase, symbol, or character in such a manner as to interfere with,
mislead, or confuse users of streets or highways.
Signs shall be allowed on private property in the City in accordance
with Tables 278-15A through 278-15D found at the end of this chapter.[1] Tables 278-15A through 278-15D address permitted signage
as it relates to permits, quantity, location, area, height, lighting,
and electronic messaging. These regulations are in addition to those
regulations set forth in other sections of this chapter. The requirements
set forth in Tables 278-15A through 278-15D shall be declared to be
part of this chapter.
[1]
Editor's Note: Said tables are included as an attachment to this chapter.
A.
Legal, and principal, nonresidential land uses located in residential
or planned unit development districts may have permanent signs as
permitted in Tables 278-15A and 278-15C, provided the following additional
limitations and requirements are met:
(1)
The total on-premises sign area of all permanent business signs and
permanent miscellaneous signs shall not exceed 48 square feet.
(2)
No individual sign shall be greater than 24 square feet.
(3)
No individual sign shall be greater than eight feet high, except
wall signs, which shall not exceed 20 feet.
(4)
No more than two permanent business signs shall be allowed per site.
The provisions of this section shall apply to freestanding signs per § 278-15, Table 278-15A.
A.
Each business within a multitenant building shall be eligible for
integration into a business center sign. The allocation of sign area
for each tenant shall be determined by the property owner.
B.
In order to accommodate increased signage needs for multitenant buildings,
business center signs may be increased by up to 25% in area from those
standards found in Table 278-15A for freestanding signs.
C.
A business center may erect one freestanding sign, except that if
such business center is located on a corner lot or a through lot,
and if the least dimension of such lot is 500 feet or more, two freestanding
signs may be permitted. No more than one business center sign may
be located on the same frontage.
B.
No more than one electronic message sign shall be permitted per site.
C.
No electronic message sign may contain messages or images for the
sale of products not sold on site or for businesses or services not
provided or sold on site, except for emergency government notifications
such as AMBER Alerts.™
D.
Electronic message signs may be integrated into the design of the
following sign types: monument signs, pole signs, dual post signs,
drive-through signs, window signs, or off-premises governmental information
signs.
E.
Electronic message signs shall be maintained so as to be able to display messages in a complete and legible manner. Messages and nontext images shall not change appearance more than once every 20 seconds, and transitions between messages shall be via instantaneous change (one second or less). Use of electronic message signs for images, text, or lighting that change appearance in a manner not permitted above shall be considered flashing, scrolling, or animated signs, which are prohibited per § 278-14.
F.
Electronic message signs shall comply with the lighting requirements of § 278-13K. Electronic message signs shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.
G.
In addition to the setback requirements of this chapter, no electronic
message sign shall be located within 75 feet of any adjacent residential
zoned parcel.
During review of a sign permit, the Zoning Administrator shall
determine whether an exception to any of the requirements under this
chapter is being requested and shall make a recommendation to the
Plan Commission as to if the exception should be granted. Exceptions
from the sign requirements in this chapter may be authorized by the
Plan Commission after specific findings by the Plan Commission that
such exception is reasonable and necessary under special circumstances
for which the exception is requested and that such exception will
not violate the intent of these provisions. Exceptions shall be processed
as conditional uses, subject to necessary public hearings and all
of the other provisions of the City ordinances with respect to conditional
uses. The Plan Commission may stipulate conditions it deems necessary
to protect the public health, safety, aesthetics and welfare.
Unless the context requires otherwise, the following definitions
shall be used in the interpretation of this chapter:
Any sign remaining in place on a site or a portion of a site
(such as a single tenant in a multitenant building) that has been
vacant, closed, or otherwise unoccupied for a period of 180 days.
A type of temporary approved development sign that is made
of a rigid material such as plywood or corrugated plastic, which may
be displayed only on the site of a building under construction, and
only during the time period in which the building permit is valid.
A type of temporary approved development sign that is made
of a rigid material such as plywood or corrugated plastic, which may
be displayed only on the site of a subdivision plat under construction,
and only during the time period when less than 75% of the lots in
the plat phase have been sold.
A type of site directional or informational sign that contains
address numerals.
Any writing, painting, display, emblem, drawing, sign, or
other device designed, used, or intended for display or any type of
publicity for the purpose of making anything known or attracting attention
to a place, product, goods, services, idea, or statement.
A vehicle, or portion thereof, which contains any sign or
advertising device, either permanently or temporarily affixed to the
vehicle.
Any change to the sign's frame, supporting structure,
lighting (other than bulb replacement), material, height, location,
or any other alterations as determined by the Zoning Administrator.
A type of yard sign mounted on a post or posts, either with
a bracket arm extending outward to support a hanging sign, with the
sign attached directly to the side of the post, or with the sign mounted
between two posts.
Average ground level is defined as the average elevation
of the ground upon which the sign supports are placed, except when
the sign supports rest upon a berm or other area elevated above the
surrounding ground. In such cases, the average elevation of the base
of such berm or other area shall be considered as the ground level.
A type of on-building sign that is directly affixed via sewing,
silk screening, painting, or similar method to a nonrigid removable
awning which is mounted to the facade of a building.
A type of temporary business sign that is made of flexible
material such as cloth or vinyl and is supported along one or more
sides or at two or more corners by wires, ropes, string, nails, or
other removable fastening materials.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same site as the light
source; also, any light with one or more beams that rotate or move.
A type of pedestrian sign that is mounted perpendicular to
the wall on which it is mounted, extends less than three feet from
the wall, and is oriented to pedestrian traffic.
A type of temporary miscellaneous business sign that is temporarily
placed on the ground and is made of rigid material such as plywood
or corrugated plastic.
The width of the building facade that fronts a public street.
A type of site directional or informational sign indicating
the name and/or address of the property owner, tenants, and/or manager
of the property.
A type of freestanding daily notice sign located on site,
containing changeable copy.
A business center is any development containing two or more
structures containing principal land uses on the same lot; and/or
any single structure on a single lot which contains two or more nonresidential
uses.
The portion of a building frontage occupied by a single tenant
space having a public entrance within the building frontage. For businesses
located on the interior of a building without building frontage, the
building elevation providing customer access shall be considered the
business frontage.
A type of on-building sign that is directly affixed via bolts,
brackets, or similar method to a rigid permanent canopy which is mounted
to, or adjacent to, the facade of a building.
Sign copy that may be changed manually to provide different
information such as boards with changeable letters, bulletin boards,
and chalkboards.
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business
product, service, idea, or commercial activity.
A flag attached to a freestanding or wall-mounted flag pole
that contains a commercial message.
Words, letters, numbers, figures, designs, or other symbolic
representations incorporated into a sign.
The entrance that the public can use when an establishment
is open to the public.
A sign typically used to advertise daily specials, daily
menu items, or on-site events that change on a daily basis and which
usually includes changeable copy. This type of sign is often associated
with restaurants, taverns, retail stores, music venues, and retail
stores. Daily notice signs is a sign category within the Permanent
and Temporary Business Sign Groups, which includes the following sign
types: menu board sign, bulletin board sign, drive-through sign, and
sandwich board sign.
A type of sign that is attached to the inside face of an
exterior door or is etched into the glass face.
A type of daily notice sign used in conjunction with drive-through
or drive-in establishments.
A type of freestanding sign mounted to the sides or ends
of two or more posts, with the majority of the sign area located between
the outermost posts.
A type of sign that displays words, lines, logos, graphic
images, or symbols, which may be changed electronically to provide
different information, and which includes computer signs, electronic
reader boards, video screens, LCD signs, electronic time and temperature
signs, and other signs with electronically controlled changing or
moving displays.
The view of any building or other structure from any one
of four sides, regardless of the configuration or orientation of a
building. No building shall be treated as having more than four building
elevations. Each elevation will generally be identified as a north,
south, east or west building elevation.
The lighting of an object from a light source located a distance
from the object.
See "elevation, building."
A sign consisting of a piece of vertically elongated, flexible
material such as cloth or vinyl which is affixed to a single pole
driven in the ground.
A sign containing 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.
Electronic message signs meeting the definition and requirements of
this chapter shall not be considered flashing or moving signs.
A type of yard sign that consists of a frame into which a
sign face can be inserted and erected upon two wood, metal, or plastic
stakes or ground spikes.
A sign permanently resting on or supported by a slab, pedestal,
post, pylon, or any other form of base located on the ground. Freestanding
signs is a sign category within the Permanent Business Sign Group,
which includes the following sign types: monument sign, pole sign,
and dual post sign.
The vertical distance from the base of the sign at average
grade to the top of the highest attached component of the sign.
A type of optional miscellaneous sign available to officially
recognized historic properties, sites, or districts, typically denoting
the name of the building onto which it is mounted, its date of erection,
and/or historical information.
A sign category and sign type that conveys information regarding
an approved home occupation within a residential zoned parcel.
A sign capable of being filled with and expanded by air or
other gas, including animated or "dancing" inflatable signs.
Illumination in which the only light that falls onto the
sign comes from sources that are available naturally (e.g., sunlight,
moonlight) or from artificial lighting sources used for other purposes
in the vicinity of the sign (e.g., streetlights, lighting installed
for other purposes or sites).
Illumination that is arranged in such a way that the light
is cast from behind the sign to the eyes of the viewer. Often, the
lighting element is unshielded but concealed behind individual freestanding
letters, creating a silhouette effect.
Illumination resulting from light emitted directly from a
shielded light fixture located at the top of the sign and angled downward
onto the sign face. The light fixture is attached to a curved neck
which is often flexible, allowing the user to position the light source
onto the sign face. Other forms of downward angled light fixtures
may be substituted for curved neck fixtures.
Illumination emanating from a lighting element that is located
behind the sign face and which is completely enclosed. Such illumination
is diffused through a translucent material such as plastic or frosted
glass. These include internally lit cabinets or internally lit individual
letters or characters.
Maintaining the existing appearance of the sign; replacing
the sign face or the supporting structure with identical materials,
colors, and messages; changing the message of a marquee sign or off-premises
governmental information sign.
Sign maintenance is the replacement or repair of a part or
portion of a sign required by ordinary wear, tear, or damage, with
like material, color, and design. Maintenance of signs does not include
changing the size, height, design, or style of signs.
A type of on-building sign that is mounted to a permanent
roof-like structure that projects out from the exterior wall of a
structure and shelters the entrance and/or entrance approaches to
a building.
A type of daily notice sign mounted flat against a wall containing
changeable copy.
A sign not permanently attached to the ground that is designed
to be moved from one location to another. Also, a sign mounted on
a frame or chassis designed to be relocated, including unlicensed
or inoperable vehicles and/or trailers whose principal use is for
signage. Sandwich board signs meeting the definition and requirements
of this chapter shall not be considered mobile or portable signs,
nor shall signage affixed to a contractor's trailer located on
a site for which there is an active building permit.
A type of freestanding sign in which the bottom edge of the
sign face is located within one foot of a ground-mounted pedestal.
Artwork applied to the wall of a building that covers all
or a portion of the wall and depicts a scene or event of natural,
social, cultural, or historic significance, but does not advertise
a product for sale on the site. Murals depicting the name of a business
or logo of a business shall count as a wall sign under the provisions
of this chapter.
Permanent signs existing as of the effective date of this
chapter which do not conform to the provisions of this chapter, such
as brightness, scrolling, size, height, and location provisions, shall
be nonconforming signs.
A permanent sign which directs attention to a business, commodity,
service, or entertainment that is conducted, sold, or offered elsewhere
than upon the site where the sign is displayed. Off-premises advertising
signs include billboards and exclude government informational signs.
A type of off-premises freestanding optional miscellaneous
sign owned by the City of Lodi, located outside of the right-of-way,
typically providing information to the community and visitors regarding
entry points to the community, scheduled public events, public activities,
public announcements, and public facilities of a governmental nature,
excluding traffic control, community wayfinding signs, and other government
transportation or census related messages located within a right-of-way.
A type of sign permanently affixed to an outside wall of
a building. On-building signs is a sign category which includes the
following sign types: wall sign, awning sign, canopy sign, marquee
sign, and projecting sign.
A type of site directional or informational sign that includes
a directional arrow or symbol that directs people to a specific destination
within a development or site. On-site directional signs may also include
either the name, logo, or symbol of the destination, provided that
the name, logo, or symbol is less than two square feet.
A type of site directional or informational sign that indicates
a warning from the property owner related to conditions on-site and/or
that cites a City, state, or federal law, order, rule, or regulation.
Such signs shall contain no commercial message. Examples include signs
listing parking hours or "No Trespassing," "No Loitering," or "Customer
Parking Only" signs.
A sign category that conveys information which the City finds
essential to encourage placemaking, particularly related to officially
recognized historic places, officially designated neighborhoods, and
conveying information for the general public. Signs in this category
are only permitted through official government action, including designation
of historic places, creation of outlots in a plat or certified survey
map, or conditional use permit. Optional miscellaneous sign is a sign
category within the Permanent Miscellaneous Sign Group, which includes
the following sign types: historic marker sign, permanent plat sign,
off-premises governmental information sign, and home occupation sign.
Electric signs lighted by long, luminous gas-discharge tubes
that contain rarefied neon or other gases located on the exterior
of a property or building.
A sign attached perpendicularly to the facade of a building
and mounted just above sidewalk level, and which is oriented and sized
for visibility to nearby pedestrians rather than to motorists. Pedestrian
signs is a sign category within the Permanent Business Sign Group,
which includes the following sign types: blade sign and suspended
sign.
A permanent sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, offered, or manufactured
upon the site where the sign is located. Permanent business signs
are a sign group containing various sign categories and sign types
that a business is eligible to use. Permanent business signs include
the following sign categories: freestanding signs, on-building signs,
pedestrian signs, daily notice signs and window and door signs.
A permanent sign that is available to all sites in the City
regardless of land use. Permanent miscellaneous signs is a sign group
containing various sign categories and sign types that a site or business
is eligible to use. Permanent miscellaneous signs includes the following
sign categories: site directional or informational signs and optional
miscellaneous signs.
A type of optional miscellaneous sign typically indicating
the name of a neighborhood, neighborhood association, or subdivision
recognized by the City.
The collection of lots, rights-of-way, and outlots located
within the perimeter boundary of a final plat.
A type of freestanding sign mounted to the side or center
of one post.
A type of on-building sign that is mounted at any angle other
than parallel to the wall on which it is mounted, and extends beyond
three feet from the face of the wall.
A district that is zoned R-1, R-2, or R-3 under Chapter 340, Zoning, of the City Code.
A sign displayed above the eaves or cornice of a building.
A type of portable daily notice sign placed on the ground
and constructed in such a manner as to form an "A"-like shape, hinged
or not hinged at the top, with each angular face held together at
an appropriate distance by a supporting element such as a folding
bar, latch, or chain. Sandwich board sign shall also include "T"-like
shaped signs, a freestanding sign ordinarily in the shape of an upside
down "T" which is readily movable and not permanently attached to
the ground or structure. Anything attached to a sandwich board sign
shall not project outside the perimeter of the sign face nor project
in excess of one inch from the sign face. Sandwich board signs shall
be kept inside the business during closed business hours.
In this chapter, the word "sign" means any object, device,
display, structure, or part thereof, situated or visible from outdoors,
which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event, or location by any means, including words, letters,
figures, designs, logos, symbols, fixtures, colors, illumination,
animation or projected images.
The entire face of a sign, including the extreme limits of
writing, representation, emblem, logo, or other display, together
with any material or color forming an integral part of the background
of the display but not including any supporting framework.
The area or display surface used for the message.
A site shall include all lots that are contiguous, under
unified single ownership and intended to remain under unified single
ownership under the jurisdiction of this chapter. A site may also
be determined to be a portion of a single lot where more than one
building in a business center development (approved by the City) contains
separate businesses. For the purposes of this chapter, the site shall
be determined by the Zoning Administrator.
A sign category that includes signs that are essential in
order to protect the public health, safety, and/or welfare. Specifically,
these signs are used to provide information essential to the following
public purposes: to deliver mail; to identify property addresses for
the provision of emergency services such as fire or rescue service;
to identify the management of rental properties for the provision
of emergency services; to provide information about parking limitations
or warnings against trespass; and to provide information about required
traffic flow where a safe path to a destination is not evident. Site
directional or informational signs is a sign category within the Permanent
Miscellaneous Sign Group, which includes the following sign types:
address sign, building management identification sign, on-site warning
sign, and on-site directional sign.
A type of yard sign that consists of a sign face erected
upon one or more metal wires or wood, metal, or plastic stakes of
no more than three inches in width.
A sign category and sign type that is intended to promote
public events of City-wide interest displayed over a public street,
alley, or highway.
A type of pedestrian sign that is mounted perpendicular to
the nearest wall and suspended from the underside of a horizontal
plane surface, such as a covered porch, arcade, canopy, or marquee.
A sign which is limited to display only during the active
development of a building or plat. Temporary approved development
signs are a sign category within the Temporary Business Sign Group,
which includes the following sign types: active building board sign
and active plat board sign.
A temporary sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, offered, or manufactured
upon the site where the sign is located. Temporary business signs
are a sign group containing various sign categories and sign types
that a business is eligible to use. Temporary business signs includes
the following sign categories: temporary miscellaneous business sign,
temporary approved development pedestrian signs, and daily notice
signs.
A sign located outside of a building for limited durations,
often used for the purpose of informing the public of a sale or special
offer/event. Temporary miscellaneous business signs are a sign category
within the Temporary Business Sign Group, which includes the following
sign types: board sign, banner/pennant sign, feather sign, inflatable
sign, temporary board and banner signs, temporary approved development
signs, and daily notice signs.
A temporary sign that does not contain a commercial message.
Temporary miscellaneous signs is a sign group containing two sign
categories, yard signs and street banners, which is available to all
land uses.
A sign or advertising intended to be displayed for a certain
limited period of time. If a sign display area is permanent, but the
message displayed is subject to periodic changes, that sign shall
not be considered as temporary.
Signs that have a depth or relief on their surface. Where
a sign consists of one or more three-dimensional objects (i.e., balls,
cubes, clusters of objects, sculpture or statute-like trademarks),
the sign area shall be measured as their maximum projection upon a
vertical plane.
A type of on-building sign that is mounted directly on, and
parallel to, a building facade or other vertical building surface.
A wall sign also includes a sign located on the interior of a building
that is intended to be viewed primarily from beyond the boundaries
of the site. Whether an interior sign is considered a wall sign shall
be determined by the Zoning Administrator during the sign permit review
process.
A sign located within a building that is attached to the
inside face of an exterior window, or door, or is etched into the
glass face. Window and door signs is a sign category within the Permanent
Business Sign Group, which includes the following sign types: window
sign and door sign.
The area defined by any combination of the window frame and
mullions located within said frame.
A type of sign that is attached to the inside face of an
exterior window, or door, or is etched into the glass face.
A sign category that is intended to accommodate a wide variety
of sign purposes (e.g., garage sale signs, for sale signs, real estate
sales signs, political signs, "slow down for kids" signs, community
event signs, etc.), often needed on a temporary basis. Such signs
are freestanding and mounted on one or two stakes or posts and do
not have footings. A yard sign is a sign category within the Temporary
Miscellaneous Sign Group, which includes the following sign types:
stake sign, frame sign, and arm and post sign.
