The purpose of this article is to establish minimum standards
to safeguard life and property and promote public welfare and community
aesthetics by regulating the appearance, construction, location and
maintenance of all signs, awnings, canopies and billboards. The provisions
herein contained shall be binding alike upon every owner of a building,
every tenant and every person in charge or responsible for or who
causes the construction, repair, relocation or alteration of any outdoor
sign and other advertising structures in the Village of Athens; painting,
posting and general maintenance are excepted.
The following definitions are used in this article: (Note: Not
all types of signs defined herein are permitted under this article.)
A sign which no longer correctly advertises a bona fide business,
owner, landlord/tenant, product or activity conducted or product available
on the premises where the sign is displayed or elsewhere.
Any sign or part of a sign which changes physical position
by movement or rotation, or gives the illusion of such change of physical
position.
The entire area within a single continuous perimeter composed
of squares or rectangles which encloses the extreme limits of an advertising
message, announcement, or decoration.
The perimeter which forms the outside shape, but excluding
the necessary supports or uprights on which the sign may be placed
unless they are designed as part of the sign. If the sign consists
of more than one section or module, all areas will be totaled. The
area of an irregularly shaped sign shall be computed using the actual
sign face surface.
A movable hood or cover which projects from the wall of the
building, which can be retracted, folded or collapsed against the
face of a supporting structure. For purposes of this article, an awning
sign is any awning. Decorative awnings without lettering or imagery
are not considered signs.
A banner sign is generally constructed of a flexible, nonrigid
material (i.e., canvas, cloth, plastic, etc.) upon which goods, events
or advertising has been placed, mounted to a pole or a building by
a permanent frame at one or more edges. National flags, state or municipal
flags, or the official flag of any institution or business shall not
be considered banners.
A flat surface, as of a panel, wall or fence, on which signs
are posted advertising goods, products, facilities, or services not
necessarily on the premises where the sign is located or directing
persons to a different location from where the sign is located.
The unreasonable obstruction of view of a sign caused by
the placement of another sign.
The horizontal, linear dimension of that side of a building
which faces a street, a parking area, a mall, or other circulation
area open to the general public and having either a main window display
of the enterprise or a public entrance to the building. (In industrial
districts a building side with an entrance open to industrial employees
also shall qualify as a building front.)
A sign used for the purpose of notification to the public
of an event or occurrence of public interest, such as a church service,
political rally, civic meeting or other similar event.
Any structure of canvas, other fabric, plastic, metal or
wood, or other material, which is permanently attached to any exterior
building wall in any manner, intended to shield any wall, window,
door, sidewalk or roadway from sun, rain or any other element, and
which is not retractable such as an awning.
Any sign attached to or constructed in, on or under a canopy;
for the purpose of this article, canopy signs shall be controlled
by the rules governing projecting signs.
A sign such as a manual, electronic or electric controlled
time and temperature sign message center, or reader board, whether
electronic or manual, where copy changes. Any sign may be, or include
as part of it, a changeable message sign.
The geometric area in square feet that encloses the actual
copy message of the sign.
Any sign that directs the movement or placement of pedestrian
or vehicular traffic on a lot and does not contain any advertising
copy.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories. Directory signs shall be encouraged for use with advertising
of multiple-occupied commercial and industrial buildings.
The area made available by the sign structure for the purpose
of displaying the advertising message or which is intended to draw
attention to the advertising message.
The distance from the exterior wall surface of the building
to the outer extremity of a sign attached to a building.
Any sign containing internal electrical wiring which is attached,
or intended to be attached, to an electrical energy source.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphics, time, date, temperature,
weather or information concerning civic, charitable or other noncommercial
activities or the advertising of products or services for sale on
the premises. This also includes traveling or segmented message displays.[1]
Any directly or indirectly illuminated sign on which artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
See definition for "wall sign."
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
The elevation or level of the sidewalk closest to the sign
to which reference is made. If no sidewalk is present, then grade
shall be defined as the elevation or level of the street at the same
point, measured at the street's center line.
The area of a sign determined by using the outside perimeter
dimensions of the sign. If the sign consists of more than one module
or section, their areas will be totaled. If the modules are formed
in the shape of letters or symbols, the rules for "area of copy" apply.
A sign supported by poles, uprights or braces extending from
the ground or an object on the ground but not attached to any part
of any building. Also known as a "freestanding sign."
The vertical distance measured from the mean center-line
street grade to the highest point of the sign. If the sign and sidewalk
are not in essentially parallel planes, then measured vertically at
the horizontal midpoint of the sign.
Any sign which carries only the name of the firm, major enterprise,
institution or principal products offered for sale on the premises
or combination of these.
An internally illuminated awning fabricated from a translucent
material, or one which is backlighted as to appear to illuminate the
awning sign. An illuminated awning may be used for an awning sign
when other requirements are met.
An internally illuminated canopy, or one which is backlighted
as to appear to illuminate the canopy sign.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign that is illuminated from a source outside of the actual
sign.
A sign which serves a common or collective identification
for two or more businesses or industrial uses on the same lot. Such
sign may contain a directory to said uses as an integral part thereof.
Any sign which was already in existence and displayed on
the effective date of this article, which met code requirements when
originally installed, but not meeting the requirements and limitations
of this article.
A permanent roof-like structure projecting beyond a building
wall at an entrance to a building or extending along and projecting
beyond the building's wall and generally designed and constructed
to provide protection against weather.
Any sign attached to or constructed in a marquee.
Any sign which does not conform to the regulations of this
article.
Any sign, device or display which advertises goods other
than that commonly available or services other than that commonly
performed on the premises on which the sign is located.
A sign identifying or advertising a business, person, activity,
goods, products or services located on a premises where the sign is
installed and maintained.
Signs painted directly onto a building wall.
Any sign displaying a candidate for an election or a current
referendum's or election's subject matter.
Any sign not permanently attached to the ground or a building
which is designed to be easily moved from one location to another.
A sign other than a wall sign which projects from a wall
or roof and is supported by a wall or roof of a building. (See "wall
sign.")
Any freestanding sign mounted on a pole or other pylon.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
The highest point on any building where an exterior wall
encloses usable floor area, including roof area provided for housing
mechanical equipment.
A sign erected upon or above the roofline or parapet of the
building or structure.
A hinged or unhinged A-frame portable sign which is generally
temporary in nature and placed near the roadway.
Any object or device or part thereof situated outdoors or
indoors which is used to advertise, identify, display, or direct or
attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, motion,
illumination or projected images.
Any person, partnership or corporation engaged in whole or
in part in the business of erection or maintenance of signs, excluding
the business which the sign advertises.[2]
The area or display surface used for the message.[3]
A building permit issued for the erection, construction, enlargement, alteration, moving, improvement, removal, conversion or demolition of any sign, issued pursuant to this article and Chapter 190, Building Construction, of this Code.
Any supports, uprights, braces and framework of the sign
which do not include any portion of the sign message.
A sign identifying a subdivision wherein only the name of
the subdivision is specified.
A sign installed on an arm or mast or spar that is not, in
addition, permanently fastened to an adjacent wall or upright pole
to limit or prevent free swinging.
Any sign which is erected or displayed for a limited period
of time not to exceed 30 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed 32 square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this article, a portable sign is not a temporary sign.
An electrically controlled sign displaying time and temperature
for public service information and may be incorporated into a business
identification sign.
Any sign which advertises or directs attention to a business,
commodity, service or activity conducted, sold or offered elsewhere
than on the lot on which said sign is located.
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 16 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way. For purposes of this article, "window sign"
shall not include any sign permanently attached in the window or directly
painted on the glass.
A.
Permit required.
(1)
Except for those specified in § 480-57, no sign, billboard, awning or canopy, as defined in this article, shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article.
(2)
Signs also shall meet all other structural requirements of other
applicable codes and ordinances of the Village of Athens.
(3)
Signs shall not be erected or altered until a permit has been issued
by the Zoning Administrator. "Altered" shall be defined as any modification
in the size, height, dimensions, location or mounting of a sign other
than routine maintenance.
(4)
The required sign permit fee shall accompany each sign application
and shall be required for all new signs and any modifications of any
existing sign face or sign structure.
(5)
Any sign permit granted hereunder may not be assigned or transferred
to any other sign or modified sign face or sign structure.
B.
Application for a permit. Any person, firm, corporation or organization
desiring to place, erect, alter or relocate a sign, as herein defined,
except an exempt sign, shall make application to the Zoning Administrator
and shall provide in writing the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name and address of the owner or owners of the premises upon
which the sign is to be attached or erected, including written proof
of consent from the owner of the property upon which the sign(s) is
to be erected and maintained.
(3)
The street number and street name or tax parcel number of the land
upon which the sign is to be attached or erected.
(4)
A legible scaled drawing with description and dimensions of the sign(s)
to be erected or maintained under that permit and the sign's
proposed location on the building or site.
(5)
The basic materials to be used in the construction of the sign.
(6)
The name, address and telephone number of the owner of the sign if
he or she is neither the applicant nor the owner of the premises on
which the sign is to be attached or erected.
(7)
A description of all electrical equipment if the sign is to be lighted
or illuminated.
(8)
Proof of payment of the appropriate sign permit fee, when required.
(9)
Any other item of information that may be reasonably required by
the Zoning Administrator or other Village officials for the purpose
of application evaluation.
C.
Plan Commission application review. If the application is complete
and the sign conforms to the basic requirements of this article, the
following actions shall be taken:
(1)
If the sign is less than six square feet in area, the Zoning Administrator
may issue a permit.
(2)
If the sign is larger than six square feet, the sign shall be reviewed by the Plan Commission, except those signs designated in § 480-60.
(3)
The Plan Commission shall review all applications within 30 days of submittal. The Plan Commission shall review the applications and apply the established sign design review guidelines prescribed in Subsections D and E. If the Plan Commission cannot act to approve, deny or to agree with the applicant to extend the time within the thirty-day review period, the Zoning Administrator shall be authorized to act on the application using the established sign design review guidelines.
D.
Basis for granting. In reviewing a sign permit application, the Zoning Administrator and/or Plan Commission may consider the following factors in deciding whether or not to grant the issuance of a sign permit (see also Subsection E below):
(1)
Whether the sign is designed, installed, and maintained to promote
the surrounding environment desired by the general public, pursuant
to the objectives of proper design and zoning criteria.
(2)
Whether the sign is designed, constructed, installed, or maintained
in such a manner that it does not endanger public safety or traffic
safety.
(3)
Whether the sign is legible, readable, and visible in the circumstances
in which it is to be used.
(4)
Whether the sign, including size, height, illumination and location,
is respectful of reasonable rights of other advertisers whose messages
are displayed in the area.
(5)
Whether the sign is in compliance with the provisions of this article.
(6)
Whether the sign is in compliance with the provisions of this Code
of Ordinances relating to traffic safety, traffic visibility setbacks,
historic preservation and zoning.
E.
Sign design review guidelines. In addition to the criteria established in Subsection D above, the following sign review guidelines shall be used by the Plan Commission in acting on sign permit applications and by the Board of Appeals in acting on appeals or variance requests:
(1)
Any signage affixed to a building should be dimensioned and located
in such a manner that it fits the building's architectural features
and proportions.
(2)
All signs should be designed to fit the zoning and status character
of the surrounding area. Special consideration should be made where
proposed signage is located on or adjacent to publicly owned recreation
and conservancy areas. Signage in or abutting residential properties
should be designed and located so as not to create a residential nuisance.[1]
(3)
As a general guideline and where feasible, ground-mounted freestanding
signs larger than six square feet shall be located at least 100 feet
apart.
(4)
Signs illuminated by floodlight or spotlights must be positioned
in such a manner that none of the light spills over onto an adjoining
property or glares or shines into the eyes of motorists or pedestrians
and may not exceed three footcandles at the lot line.
(5)
As a general guideline, the number of colors and materials should
be kept to a minimum.
(6)
Landscape features will be encouraged as part of all ground-mounted
signs. Landscape plantings or other landscape materials will not be
counted as part of the allowable signage area.
F.
Permit issuance or denial.
(1)
All sign permit applications shall be reviewed by the Zoning Administrator,
who shall deny or grant such applications or refer the application
to the Plan Commission within 10 business days of receipt of the complete
application and payment of fee. If the sign meets the requirements
of this article, all other ordinances of the Village and the approval
of the Plan Commission as established herein, the Zoning Administrator
shall issue a permit therefor.
(2)
If the sign permit is denied by the Zoning Administrator or Plan
Commission, within five days a written notice of the denial shall
be provided to the applicant, together with a brief written statement
of the reasons for the denial.
(3)
No permit for a sign issued hereunder shall be deemed to constitute
permission or authorization to maintain an unlawful sign, nor shall
any permit issued hereunder constitute a defense in an action to abate
an unlawful sign.
G.
Inspection. The applicant shall, upon completion of the installation,
relocation or alteration of the sign, notify the Zoning Administrator
who may inspect the premises to inspect whether the sign complies
with the regulations of this article.
H.
Appeal of denial of sign permit.
(1)
Any decision of the Plan Commission or Zoning Administrator under
this article may be appealed to the Board of Appeals. A request for
an appeals hearing shall be made in writing to the Zoning Administrator
within 30 days of the date of permit denial.
(2)
A majority vote of the Board of Appeals is required to modify the
earlier determination of the Zoning Administrator or Plan Commission.
I.
Permit revocation; appeal.
(1)
A sign permit may be revoked by the Zoning Administrator in the event
that the applicant has failed to comply with the provisions of these
regulations or any conditions that may have accompanied the permit
at the time of granting.
(2)
The holder of a revoked sign permit may appeal such revocation action
to the Board of Appeals. A request for an appeals hearing shall be
made in writing to the Zoning Administrator within 30 days of the
date of the original permit revocation.
J.
Standards for Board of Appeals in reviewing appeals. The Board of
Appeals may authorize upon appeal, in specific cases, issuance of
a sign permit when such decision will not be contrary to the public
interest, where owing to special conditions a literal enforcement
of the provisions of this article will result in unnecessary hardship
and so that the spirit of this article shall be observed and substantial
justice done. No Board of Appeals' appellate decision shall have
the effect of allowing in any district uses prohibited in that district
or permit standards significantly lower than those required by state
law or this article.
K.
Stay of proceedings during appeals. An appeal shall stay all legal
proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the Board of Appeals that, by reason
of facts stated in the certificate, a stay would, in his/her opinion,
cause immediate peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Zoning Administrator and on due cause shown.[4]
L.
Permit validity. Any sign permit issued by the Zoning Administrator
shall be null and void and automatically revoked in the event that
construction, installation, or manufacture of the sign has not been
commenced within 180 days from the date of the issuance of such permit.
If work authorized by such permit is suspended or abandoned for a
period of 90 days any time after the work is commenced, the original
permit shall become null and void. A new permit shall first be obtained
to complete the work, and a new permit fee shall be required.
The following signs may be erected and maintained in all zoning
districts, except where noted, without a permit and without being
deducted from gross sign surface area permitted:
A.
Bulletin boards. One bulletin board per street frontage, and not
over 32 square feet in area, for public, charitable or religious institutions
located on site.
B.
Government signs. Government signs for control of traffic and other
regulatory purposes, danger signs, railroad crossing signs, and signs
of public utilities indicating danger, and aids to service or safety
which are erected by or on the order of a public officer in the performance
of his/her public duty. Included within this definition are off-premises
institutional signs.
C.
Interior signs. Signs located within the interior of any building
or structure which are not visible from the public right-of-way.
D.
Memorial signs. Memorial signs or tablets, names of buildings and
date of erection when cut into any masonry surface or inlaid so as
to be part of the building.
E.
Occupant signs. Signs limited in content to name of occupant, address
of premises, and signs of danger. Occupant signs shall be a maximum
of one per street front and no more than three square feet in sign
area.
F.
Governmental notices. Official governmental notices and notices posted
by governmental officers in the performance of their duties; governmental
signs to control traffic or for other regulatory purposes or to identify
streets or to warn of danger.
G.
Construction safety signs. Temporary or permanent signs erected by
public utility companies or construction companies to warn of dangerous
or hazardous conditions.
H.
Traffic and service signs on private premises. Traffic and parking
signs and devices privately owned and on private premises and containing
messages such as "exit only," "restricted for _____," and the like,
the sole purpose of which is to direct and control traffic on the
premises and which do not exceed 10 feet in height nor contain more
than 12 square feet per face. Signs designating entrances, exits,
service areas, parking areas, rest rooms and other such signs relating
to functional operation of the building or premises shall be permitted
without permit under this exception.
I.
Signs required by law. Signs required by law, statute or ordinance,
constructed and maintained according to the law, statute or ordinance
under which the sign was erected.
J.
Real estate signs. One sign per street frontage may be placed on
the offered property and shall not be more than seven square feet
in size for residential property and not more than 32 square feet
in area for nonresidential property. The sign may only advertise the
sale, rental or lease of the premises upon which it is located and
contain the name and/or logo of the real estate company, or individuals
and their respective addresses and telephone numbers, posting the
sign. Such signs shall be removed within 30 days after sale, rental
or lease of the property.
K.
Signs in display windows. Signs in the display window of a business
which relate to services or products offered therein. This display
sign exception is only permitted for properties in the following zoning
districts: B-1 General Commercial District and B-2 Highway Commercial
District. The window sign must direct attention to a business or profession
conducted on the premises or to a product, service or entertainment
sold or offered on said premises. Window signs shall be placed only
on the inside of commercial buildings and shall not exceed 35% of
the glass area of the pane upon which the sign is displayed.
L.
On-premises symbols or insignia. Religious symbols, commemorative
plaques of recognized historic agencies, or identification emblems
of religious orders or historical agencies.
M.
On-premises temporary and portable signs in residential districts.
Temporary or portable signs under 20 square feet for the purpose of
an on-site open house, model home demonstration, or special event
such as a birthday or anniversary, and for five days thereafter, but
may not exceed a total period of 30 days per twelve-month period.
N.
Civic event temporary signs. Temporary off-premises signs not exceeding
four square feet in residential or public lands districts, or 32 square
feet in the B-1, B-2, B-3 and I-1 Districts, pertaining to drives
or events of civic, philanthropic, educational, religious, or nonprofit
organizations, provided that such signs are posted not more than 30
days before said event and removed within seven days after the event.
O.
Political signs. Political message, public election or referenda
signs during an election campaign, as defined in § 12.04(1),
Wis. Stats., limited to one per premises per candidate or referenda
question. Political signs may be posted 60 days before an election
and must be removed within seven days after said election. Said sign
shall be a maximum of 16 square feet.
P.
Rummage/garage sale signs. Rummage or garage sale signs not to exceed
eight square feet in area, but use of this type of sign shall be limited
to 72 hours per sale. Rummage or garage sale signs may only be located
on the day of the garage sale within street right-of-way lines between
the private property line and the pavement edge with the permission
of the adjoining private property owner or renter in a location which
does not create a visibility or traffic hazard (as determined by the
Zoning Administrator or a law enforcement officer).
Q.
Open/close signs. Illuminated and nonilluminated signs not exceeding
10 square feet in area announcing that a business is open or closed.
In addition to those permitted signs not requiring a permit pursuant to § 480-57, the following nonflashing, nonilluminated signs (except as otherwise provided) are permitted under the conditions specified in all residential, mobile home, and agricultural districts and planned unit developments (residential) established by the Village's Zoning Code:
A.
Temporary signs accessory to subdivision developments or other permitted
improvements in residential districts. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification
of homes for sale or rent in the subdivision under construction, of
lots for sale, or for the identification of other nonresidential uses
under construction.
(2)
Area, number and setback. Such signs shall not exceed two in number
for each subdivision nor 50 square feet each in area. They shall observe
the front yard requirement of the principal use and shall be located
at least 50 feet from all other boundaries of the site.
(3)
Height. No sign shall project higher than eight feet above curb level.
(4)
Time limitations. The sign or signs shall be removed by the applicant
or property owner within two years of the date of the issuance of
a sign permit or when the parcels being advertised are sold, whichever
occurs first.
B.
Permanent subdivision identification signs. Subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or
development.
(2)
Area and number. There shall be not more than two signs located at
each entrance to a subdivision. No sign shall exceed 32 square feet
in area. Such identification signs shall only be erected after review
and approval by the Zoning Administrator.
(3)
Height. No sign shall project higher than 12 feet above curb level.
(4)
Location. The location of any such sign shall be at the discretion
of the Zoning Administrator based upon the character of the area and
the type and purpose of the sign.
C.
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
Area and number. There shall be not more than one sign per lot, except
that on a corner lot two signs (one facing each street) shall be permitted.
No sign shall exceed 32 square feet in area or be closer than five
feet to any lot line.
(2)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(3)
Height. No sign shall project higher than one story or 15 feet above
the curb level, whichever is lower.
D.
Bed-and-breakfast signs. Subject to the following:
(1)
Content. The sign shall bear only the name, address and other pertinent
information regarding the bed-and-breakfast establishment.
(2)
Area and number. There shall not be more than one sign per lot street
frontage. No sign shall exceed 16 square feet in area. Such sign shall
have a ten-foot setback from a public right-of-way or lot line.
(3)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(4)
Height. No sign shall project higher than six feet above the street
level.
E.
Home occupation or professional home office. Subject to the following:
(1)
Content. The sign shall bear only the name, address, hours and other
pertinent information regarding the on-site home occupation or professional
home office maintained in compliance with the Village's Zoning
Code.
(2)
Area and number. There shall not be more than one sign per lot. No
sign shall exceed six square feet in area. Such sign shall have a
ten-foot setback from a public right-of-way or lot line.
(3)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(4)
Height. No sign shall project higher than six feet above the street
level.
A.
Permitted signs. The following signs shall require a permit to be
issued by the Village of Athens. Signs may be permitted in specific
zoning categories, subject to the following restrictions.
B.
Height and setback requirements. In commercial or industrial zoning
districts where setbacks are required for building construction, no
part of any sign shall extend over the property line. In zoning districts
where no front yard setbacks are required, a sign must be attached
to the building and shall project no more than four feet over the
abutting public sidewalk or established street grade.
C.
Number of signs permitted.
(1)
Total number. No more than two signs of any type shall be located
at any business, except that premises occupied by a shopping center
may, as an alternative, have one detached directory sign plus one
wall sign for each place of business located in said shopping center,
provided that the aggregate total area of all signs located on any
premises so occupied shall not exceed the total area permitted for
one detached sign and one flat sign as set forth in this article.
(2)
Corner lots. Businesses with streets fronting both sides shall be
allowed two types of signs for each street frontage; no street frontage
buildings shall be allowed two of the same type of sign for that particular
business.
D.
Types of signs, maximum size, number and location.
(1)
Directory signs. Directory signs advertising a business or activity
conducted, an area of interest, or a service available at a specific
location are permitted in the B-1, B-2, B-3 and I-1 Districts when
a part of a Village-sponsored directory sign program. Such signs shall
be not more than 24 square feet in gross area. There shall not be
more than two such signs relating to any one such use in the approaching
direction along any one highway. Such signs may be placed at the right-of-way
line of the highway. A larger number of signs may be permitted by
the Plan Commission if the Plan Commission shall find it necessary
for directing the traveling public. The Plan Commission shall designate
a uniform sign design for such directory signs.
(2)
Wall signs. Wall signs are permitted in the B-1, B-2, B-3 and I-1
Districts. Wall signs placed against the exterior walls of buildings
shall not extend more than 16 inches outside of a building's
wall surface, nor extend above or beyond the wall itself. Total sign
area (including multiple business/tenant signs on a single property)
shall not exceed one square foot for each linear foot of the building
parallel with the main street frontage. Rear or side entrance signs
are subject to the same size restrictions as that found at the principal
(front/main) entrance to the building. Signs on other building facades
(i.e. nonentrance side facades) are limited to 1/2 square foot per
linear foot of such facade. All signs attached or affixed to a building
shall not exceed 20 feet in height above the mean center-line street
grade.
(3)
Projecting signs. Projecting signs fastened to, suspended from, or
supported by a building or structure shall not exceed in gross area
for any one premises 40 square feet on each of two faces in the B-2
Highway Commercial District or B-3 Business Park District and 40 square
feet on each of two sides in an industrial district. With the exception
of existing marquee signs of historic interest, permits shall not
be issued for new projecting signs in the B-1 General Commercial District.
Such signs shall not extend into any public right-of-way, shall not
exceed a height of 20 feet above the mean center-line street grade,
and shall not be less than 10 feet above a pedestrian walk nor less
than 15 feet above an alley or driveway.
(4)
Ground signs. Ground signs and their supporting structure shall comply
with all setback requirements of the district in which they are located,
except that ground signs in a B-2 Highway Commercial District may
be located up to a public right-of-way. Ground signs shall not exceed
in gross area for any one premises 40 square feet on each side in
a B-1 General Commercial District, 120 square feet on each side in
a B-2 Highway Commercial District, or 160 square feet on each side
in an I-1 Industrial or B-3 Business Park District. Such signs shall
not exceed at their highest 20 feet in height above mean center-line
street grade. One ground sign is permitted on a street frontage provided
there is no pylon sign on that side. Any ground sign in a B-2 Highway
Commercial District, B-3 Business Park District or I-1 Industrial
District shall have a minimum landscaped area of 16 square feet around
the base of the ground sign.
(5)
Pylon signs. Pylon signs shall not exceed 30 feet in height in a
B-2 or B-3 Business District or I-1 Industrial District. Pylon signs
shall not be placed in the B-1 General Commercial District. Height
is measured above the mean center-line street grade. The sign shall
be completely within the property upon which it is located. One pylon
sign per street frontage is permitted. Size is limited to 100 square
feet for one side or 200 feet for all sides. When there exists a property
zoned in a B-2 Highway Commercial District with continuous road/highway
frontage in excess of 300 feet, the size is limited to 200 square
feet per side or 400 square feet for all sides. Any pylon sign shall
have a minimum landscaped area of 16 square feet around the base of
the pole.
(6)
Off-premises third party signs. Off-premises third party signs are prohibited, except that a business in a B-2 Highway Commercial District may have an off-premises pylon or ground sign shared with a physically adjacent business on the adjacent business' property. Such a shared sign shall comply with the dimensional requirements of Subsection D(4) and (5) above, except that the secondary sign's dimensions shall not exceed 50% of the primary sign's maximum allowable dimensions. Such signs shall share the same pylon or ground sign mountings.
(7)
Shopping center or industrial park directory signs. In a shopping
center or industrial park, one freestanding identification/directory
sign for each street upon which the development fronts may be permitted
showing the name of said center or park and represented businesses
or industries. Directory signs for shopping centers or industrial
parks are permitted as an alternative to ground signs or projecting
signs for individual stores in the shopping center or businesses in
the industrial park. The top of a directory sign shall not exceed
32 feet in height above the mean center-line street grade and the
bottom of the sign shall not be less than 10 feet above the sidewalk
and not more than 16 feet above a driveway or alley. Double supporting
pylons shall not be greater than 10 feet apart. That portion of the
directory sign which advertises the shopping center or industrial
park name shall not exceed 100 square feet for one side and a total
of 200 square feet for all sides. That portion of the directory sign
which advertises the individual store/business name shall not exceed
16 square feet for one side and a total of 32 square feet for all
sides. Directory signs shall meet all yard requirements for the zoning
district in which they are located.
A.
B.
Portable signs/message boards. Such signs shall be limited in use
to seven days at a time following approval by the Zoning Administrator;
provided, however, that the Zoning Administrator shall not give approval
for placement of a portable sign/message board if it presents a vision
obstruction, and such signs shall not be displayed more frequently
than four times per calendar year at any one location, not more than
seven days each time. The maximum size of a portable sign/message
board shall be 10 square feet on each face, back to back. Portable
signs/message boards shall not be located in any public rights-of-way
and shall be securely fastened to prevent any hazardous condition.
C.
Searchlights. The Zoning Administrator may permit the temporary use
of a searchlight for advertising purposes in any district, provided
that the searchlight will not be located in any public right-of-way,
will not be located closer than 10 feet to an adjacent property and
will not cause a hazard to traffic or adjoining properties. Searchlight
permits shall not be granted for a period of more than five days in
any six-month period.
D.
Sandwich signs. In instances where the property owner or business
tenant in a B-1 General Commercial District or B-2 Highway Commercial
District wishes to erect a sandwich board, there is a limit of one
sandwich board per business tenant and such sign shall not exceed
four feet in height and eight square feet per side display area. Sandwich
signs may be placed only after issuance of a sign permit and shall
be placed in a manner so as not to present a hazard.
E.
On-site banner signs. On-site banner signs, whether permanent or
temporary, are not permitted.
F.
Over-the-street banners. Over-the-street banners are not permitted,
except for civic activities.
G.
Neon signs. Exterior neon or gas illumination signs require a sign
permit.
A.
Permitted awnings. No awnings shall be erected or maintained, except
such awnings as comply with the following requirements, and then only
if the permit required hereunder is first obtained and the same conform
to the regulations of the zoning district in which the same are to
be located:
(1)
Support. Awnings shall be securely attached to and supported by the
building and shall be without posts or columns beyond the setback
line.
(2)
Height. All awnings shall be constructed and erected so that the
lowest portion thereof shall be not less than eight feet above the
level of the public sidewalk or public thoroughfare.
(3)
Awning extension from curbline. No entrance awning shall extend beyond
a point eight feet into the right-of-way.
(4)
Advertising. No advertising shall be placed on any awning, except
that the name and logo of the establishment within the building to
which the awning is attached may be painted or otherwise permanently
placed in a space not exceeding eight inches in height on the front
and side edges.
B.
Permitted canopies. No canopies shall be erected or maintained, except
such canopies as comply with the following requirements, and then
only if the permit required hereunder is first obtained and the same
conform to the regulations of the zoning district in which the same
are to be located:
(1)
Support. The structural support of all canopies shall be properly designed and be approved by the Zoning Administrator as in compliance with Chapter 190, Building Construction, of this Code. All frames and supports shall be designed to withstand a wind pressure as provided in this article. All canopies and awnings shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and/or awning and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected
so that the lowest portion thereof shall not be less than eight feet
above the level of the sidewalk or public thoroughfare.
(3)
Canopy extension from curbline. No entrance canopy shall extend beyond
a point eight feet from the face of a wall or building.
(4)
Advertising. No advertising shall be placed on any canopy, except
that the name and logo of the establishment may be painted or placed
in a space not exceeding 24 inches in average height on the front
and side edges. Such name may be so painted or placed irrespective
of any prohibition otherwise applicable hereunder; provided, however,
that if such canopy shall contain more or other than the name of the
establishment in letters more than eight inches high on the front
and side edges, it shall be considered as a sign and be subject to
all the provisions hereof.
Landscape features such as plant materials, berms, boulders,
fencing and similar design elements unincorporated or in conjunction
with freestanding signs are encouraged and shall not be counted as
allowable sign area. The base of signs shall be landscaped so as to
conceal footings, mountings, brackets, and related structural elements.
A.
Traffic interference. Signs shall not resemble, imitate or approximate
the shape, size, form or color of railroad or traffic signs or devices.
Signs, canopies and awnings shall not obstruct or interfere with the
effectiveness of railroad or traffic signs, signals or devices or
the safe flow of traffic. No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door, window or
fire escape. No sign, awning or canopy shall be placed so as to obstruct
or interfere with traffic visibility.
B.
Moving or flashing signs. No sign shall be erected which has any
flashing, rotating or brilliant intermittent parts or lights, or bare
reflecting-type bulbs, or utilizes a spot or beacon light to illuminate
a sign, except those giving public service information such as time,
date, temperature, weather or similar information. Public information
display signs require approval by the Plan Commission. No signs, billboards
or other advertising media which create a hazard or dangerous distraction
to vehicular traffic or a nuisance to adjoining residential property
shall be permitted in any district.
C.
Signs on public rights-of-way. Signs shall not be permitted on public
rights-of-way, except for municipal traffic control, parking and directional
signs and as otherwise specified in this article.
D.
Billboards. No new billboards shall be permitted in the Village of
Athens after the original effective date of this article. Billboards
located upon property annexed to the Village and existing as of the
effective date of this article are permitted to remain unless the
owner structurally alters such billboard in any manner. If damaged,
or if structural alteration is made/required, such billboard shall
be permanently removed.[1]
E.
Painted wall and other prohibited signs. Painted wall signs are signs
which are painted directly onto the surface of the building; painted
wall signs are prohibited in the Village of Athens. No person shall
paste or otherwise fasten any paper or other material, paint, stencil
or write any number, sign, name or any disfiguring mark within any
street right-of-way, on any sidewalk, curb, gutter, street, post,
fire hydrant, pole or tree, any other sign, building, fence or other
structure, nor shall any of said objects be defaced in any manner.
No signage shall be used except those types specifically permitted
by this article.
F.
Immoral sign subjects. Signs which bear or contain statements, words,
pictures, or symbols of obscene, pornographic or immoral subjects
are prohibited.
G.
Roof signs. Roof signs are prohibited in the Village of Athens.
H.
Swinging signs. Swinging signs are prohibited.
I.
Third party signs. Third party signs and billboards are prohibited,
except as provided in § 380-59D(6).
J.
Advertising vehicle sign configuration. No persons shall park any
vehicle or trailer on a public right-of-way or on private property
so as to be seen from a public right-of-way which has attached thereto
or located thereon any sign or advertising device for the basic purposes
of providing advertisement of products or directing people to a business
activity located on the same or nearby property or any other premises.
Business vehicles containing typical business signage and which are
actively used on a daily basis for business purposes are exempt from
this prohibition.
K.
Floodlighted and illuminated signs. Signs may be floodlighted or
illuminated, subject to the following restrictions:
(1)
Signs which are not effectively shielded so as to prevent beams or
rays of light from being directed at any portion of the traveled ways
of a public right-of-way and which are of such intensity or brilliance
as to cause glare or to impair the vision of the driver of any motor
vehicle, or which otherwise interfere with any driver's operations
of a motor vehicle, are prohibited.
(2)
Signs which are not effectively shielded as to prevent beams or rays
of light from being directed at any residential property, and which
are of such intensity or brilliance as to cause a public nuisance,
are prohibited.
(3)
No sign shall be so floodlighted or illuminated that it interferes
with the effectiveness of or obscures an official traffic sign, device,
or signal.
A.
Nonconforming signs.
(1)
Nonconforming sign criteria. Signs existing as of the effective date of this article which do not conform to the provisions of this article are nonconforming signs and shall be subject to the provisions of this section. Nonconforming signs may be maintained. No nonconforming on-premises sign shall be altered or moved to a new location without being brought into compliance with the requirements of this article. (Refer to Subsection B below.) Compliance is the responsibility of the property owner.
(2)
New signs not permitted. Business signs on the premises of a nonconforming
use or building may be continued per this section, but new signs for
such uses shall not be allowed, nor shall they expand in number, area,
height, or illumination. New signs, not to exceed the maximum allowable
aggregate sign area, may be erected only upon the complete removal
of all other signs existing at the time of adoption of this article.[1]
(3)
Removal upon business termination. Nonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use or shall be removed per § 480-65. Closing businesses must remove their signs within 30 days of closing.
(4)
Change in sign user. Whenever there is a change in the sign user
(excluding off-premises signs) or owner of the property on which the
sign is located, the new sign user or new property owner shall forthwith
notify the Zoning Administrator of the change. No new sign permit
is required unless there is modification of the sign face or sign
structure.
B.
Alteration of signs.
(1)
Alteration defined. For the purpose of this article, alteration of
a sign is considered to be any change to the exterior appearance of
any part of the sign, its frame, its supporting structure, or its
lighting, including changing the message (except for marquee or off-premises
advertising signs), symbols, color, material, height or location.
(2)
Maintenance exception. Altering a sign does not include 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 changing the face of an
off-premises advertising sign.
C.
Loss of legal nonconforming status.
(1)
In addition to the standards in Subsections A and B above, a sign may also lose its nonconforming status if one or more of the following occurs:
(a)
If said sign is damaged by fire, flood, explosion, earthquake,
vandalism, war, riot or act of God, or structurally altered in any
way, except for normal maintenance and repair; the sign may be reconstructed
and used as before if it is reconstructed within three months after
such calamity, unless the damage to the sign is 50% or more of its
replacement value, in which case the constructed sign shall comply
with the provisions of this article.
(b)
The sign is relocated.
(c)
The sign fails to conform to the Village requirements regarding
maintenance and repair, abandonment or dangerous or defective signs.
(2)
On the date of occurrence of any of the above, the sign shall be
immediately brought in compliance with this article with a new permit
secured therefor or shall be removed.
D.
Legal nonconforming sign maintenance and repair. Nothing in this
article shall relieve the owner or user of a legal nonconforming sign
or the owner of the property on which the sign is located from the
provisions of this article regarding safety, maintenance and repair
of signs. However, legal nonconforming signs shall not be reinstalled,
reconstructed or have their useful life extended.
A.
Removal of dangerous signs. A sign shall be removed by the owner
or tenant of the premises upon which the sign is located if, in the
judgment of the Zoning Administrator, such sign is so old, dilapidated
or has become so out of repair as to be dangerous or unsafe. If the
owner or tenant fails to remove it, the Zoning Administrator may remove
the sign at cost of the owner, following adequate written notice.
The owner may appeal the decision of the Zoning Administrator to the
Board of Appeals.[1]
B.
Abandoned signs. Except as otherwise herein provided, all sign messages
shall be removed by the owner or lessee of the premises upon which
an off-premises sign is located when the business it advertises is
no longer conducted where advertised. If the owner or lessee fails
to remove the sign, the Zoning Administrator shall give the owner
60 days' written notice to remove said sign, and thereafter upon
the owner's or lessee's failure to comply may remove such
sign, any costs for which shall be charged to the owner of the property
or may be assessed as a special charge against the property, and/or
the Zoning Administrator may take any other appropriate legal action
necessary to attain compliance.[2]
C.
Violations. All signs constructed or maintained in violation of any
of the provisions of this article after the date of adoption are hereby
declared public nuisances within the meaning of the Village of Athens
Code of Ordinances. In addition to the penalty provisions for violations
of this article, the Zoning Administrator or Village Board may bring
an action to abate the nuisance in the manner set forth in the Wisconsin
Statutes or Village ordinance.
A.
Installation. All signs shall be properly secured, supported and
braced and shall be kept in reasonable structural condition and shall
be kept clean and well painted at all times. Bolts or screws shall
not be fastened to window frames. Every sign and its framework, braces,
anchors and other supports shall be constructed of such material and
with such workmanship as to be safe and satisfactory to the Zoning
Administrator.[1]
B.
General requirements.
(1)
Construction standards. All signs, except flat signs and those signs
weighing less than 10 pounds, shall be designed, fastened and constructed
to withstand a wind pressure of not less than 30 pounds per square
foot of area and shall be constructed, attached, fastened or anchored
to adequately support the dead load and any anticipated live loads
(i.e., ice, snow) of the sign.
(2)
Projection. Signs including supports shall not interfere with surrounding
properties or traffic.
(3)
Prohibited mounting. No signs shall be painted on, attached to or
affixed to any trees, rocks, or other similar organic or inorganic
natural matter, including utility poles or apparatus.
(4)
Maintenance. All signs, including supports and attachments, shall
be properly maintained and have an appearance that is neat and clean.
All signs shall be kept in good structural condition, well painted,
and clean at all times and the immediate premises shall be maintained
in a clean, sanitary and inoffensive condition and kept free and clear
of all obnoxious substances, rubbish and weeds.[2]
Variances or exceptions to these sign regulations may be granted
by the Board of Appeals following a recommendation from the Zoning
Administrator, pursuant to the procedures of the Village Zoning Code.
A.
Construction without permit. Any person, firm or corporation who
or which begins, erects, improperly alters, or completes the erection
or construction of any sign, awning or canopy controlled by this article
prior to the granting of a sign permit shall pay a penalty double
the amount of the permit otherwise required.
B.
Compliance notice.
(1)
If the Zoning Administrator finds that any sign, awning or canopy
regulated herein is unsafe or insecure or is a menace to the public
or has been improperly erected, altered or maintained, he shall give
written notice to the sign owner and to the property owner.
(2)
If such sign, awning or canopy owner fails to remove or alter the
sign, awning or canopy so as to comply with the standards herein set
forth within five days after such notice, the Zoning Administrator
may cause such sign, awning or canopy to be removed or altered at
the expense of the owner of the sign, awning or canopy or the owner
of the property upon which it is located so as to comply with the
provisions of this article, per § 66.0627, Wis. Stats.
C.
Violations; penalties. Any person who shall violate any of the provisions
of this article shall be subject to a penalty which shall be as follows:
(1)
Any person found guilty of violating any part of this article who has previously been notified of being in violation, upon conviction thereof, shall be subject to a forfeiture as prescribed by § 480-94.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this article shall preclude
the Village from also maintaining any appropriate action to prevent
or remove a violation of any provision of this article.
