[Amended by Ord. No. 1488; 8-14-2017 by Ord. No. 1832]
A.
The purpose of this article is to create the legal framework to regulate,
administer and enforce sign advertising and display within the limits
of the Village of Whitefish Bay. This article recognizes the need
to protect the health, safety, morals, and welfare of the public and
the need for well-maintained and attractive sign displays within the
community, and the need for free speech and communication.
B.
This article authorizes the use of signs visible from public rights-of-way,
provided the signs are:
C.
No sign shall be erected or maintained except as provided in this article. If any sign is erected or maintained other than as provided in this article, both the owner of the property on which the sign is located and the person erecting or maintaining the sign shall be deemed to have violated the provisions of this article and be subject to penalty as provided in § 16-97 of this chapter.
[Amended 8-14-2017 by Ord. No. 1832]
As used in this article, the following terms shall have the
meanings indicated:
A sign for which no owner has any legal presence on the premises where the sign is displayed, or a sign for which the applicable fees have not been paid or which has not been maintained in accordance with § 16-47B(3) and which is hazardous.
The entire area within a single, continuous perimeter composed
of squares or rectangles which enclose the extreme limits of message,
announcement, or decoration of a wall sign.
The area of the face(s) of the sign within a perimeter which
forms the outside shape, but excluding the necessary supports or uprights
on which the signs may be placed. If the sign consists of more than
one section or module, all areas will be totaled. Any irregular-shaped
sign area shall be computed using the actual sign face surface. In
the case of wall signs, the area of copy will be used.
In Business Districts, awnings with signs consisting of one
line of copy upon the border of the awnings not exceeding eight inches
in height and six feet in length.
A barber pole attached to any outside wall of a building,
extending not more than 16 inches beyond such wall and not beyond
the lot line, and free of supports or connections resting upon the
sidewalk or ground.
The distance between two street intersections.
That portion of a building which is parallel or nearly parallel
to the abutting roadway and zoned as the front wall of the building.
Any sign attached to or constructed within, or under, a canopy
or marquee. For the purpose of this article, canopy sign shall be
controlled by the rules governing projecting signs.
(Prohibited) A sign such as a manual, electronic or electric
controlled sign, message center or reader board, whether electronic,
electric or manual, where copy changes. No sign may be, or include
as part of it, a changeable message, except that a manually changed
marquee is permissible.
A sign displayed at a construction site during construction.
A sign within a multi-occupancy building, not exceeding 24
square feet in area, with space assigned to each leaseholder or property
owner.
A sign with copy on two parallel faces that are back to back,
facing opposite directions.
The quarters within a structure housing a "family," as defined in § 16-3 hereof.
Any sign containing internal electrical wiring which is attached
or intended to be attached to an electrical energy source.
A changeable message sign whose message is electrically activated,
such as with light bulbs, mechanical flip discs, or fiber optics.
See definition for "changeable message sign."
Any sign which contains an intermittent or flashing light
source, or which includes the illusion of intermittent or flashing
light by means of animation, or an externally mounted intermittent
light source.
The elevation of the top of street curb, as fixed by ordinance,
nearest to the sign to which reference is made.
A sign erected on one or more freestanding supports or uprights
and not attached to any building. The area of a ground sign is the
total area of sign.
The vertical distance measured from the established grade
to the highest point of such sign.
A wall sign, projecting sign or ground sign which, contains
no electrical circuit is constructed of incombustible material throughout,
and for which fittings and materials used in the construction, connection
and operation are in accordance with the Wisconsin State Electrical
Code and the ordinances of this Village.
A sign that did meet code regulations when it was originally
installed prior to the adoption of this article.
A structure projecting over the entrance of a theater, hotel,
or restaurant on which copy is manually changed. For the purpose of
this article, marquees shall be controlled by the rules governing
projecting signs.
A sign that does not meet code regulations.
Any sign not permanently attached to the ground or a building.
A sign normally double-faced, which is attached to and projects
more than eight inches from a structure or building fascia. The area
of a projecting sign is the total area of the sign.
The area dedicated for public access and use, including the
street or alley, parkway and sidewalk areas between property lines.
A sign erected upon, against or above a roof.
A self-supporting, A-shaped, freestanding portable sign with
only two visible sign faces that contain a message. For the purposes
of the regulation of sandwich signs in the Village of Whitefish Bay,
a "sandwich sign" is also known as a "sandwich board sign," a "portable
sign," an "A-board sign," or an "H-frame sign."
Any emblem, painting, banner, pennant, placard, design, identification,
description, illustration or device, illuminated or nonilluminated,
to advertise, identify, convey information communicate, or direct
attention. For the purpose of removal, "signs" shall also include
all sign structures.
Any person, partnership or corporation engaged in whole or
in part of the erection or maintenance of signs, excluding the business
which the sign advertises.
Any device or material which supports, has supported, or
is capable of supporting a sign in a stationary position, including
decorative covers.
A sign installed on an arm or mast or spar that is not, in
addition, permanently fastened to an adjacent wall or upright pole.
A sign attached to and within eight inches of the wall of
a building with the face in a parallel plane to the plane of the building
wall. This includes signs painted directly on a wall.
A sign installed at, applied to, or painted directly on a
window for purposes of viewing from outside the premises.
[Amended by Ord. No. 1726; Ord. No. 1727; Ord. No. 1747; 8-14-2017 by Ord. No. 1832]
The following signs are permitted within the Village without
a permit providing the referred to conditions are complied with:
A.
Construction signs. One construction sign per construction site,
not exceeding six square feet in area, at the site of construction,
except for a construction sign for a new building at least two stories
in height on a parcel of at least 1/4 acre where a construction sign
can be up to four feet by eight feet. Such sign shall be removed upon
completion of construction.
B.
Nonelectric signs, signs belonging to a leaseholder or property owner
located entirely on a property to which they pertain, that do not
exceed three square feet in area.
C.
Interior signs. Signs located within the interior of any building
or structure which are not visible from the public right-of-way. This
does not, however, exempt such signs from the structural, electrical,
or material specifications of this chapter.
D.
Residential district signs
(1)
In one- and two-family residential districts, Districts 1 to 3 inclusive,
such signs shall not exceed six square feet in area and shall be removed
within 180 days after installation. Such signs may be reinstalled
after a thirty-day waiting period. No more than three signs are allowed
on any such property at any single time. One sign of no more than
two square feet, may be maintained on the facade of each dwelling
unit on a permanent basis.
(2)
In all other districts, signs shall not exceed 16 square feet in
area and shall be erected back of the front lot line and inside of
the side setback lines of such property, except a larger sign up to
four feet by eight feet is allowed for new buildings at least two
stories in height on a parcel of at least 1/4 acre. Sign shall be
removed with 180 days after installation. Such sign may be reinstalled
after a thirty-day waiting period. No more than three signs are allowed
on any such property at any single time.
E.
Temporary window signs. In business districts, the inside surface
of any window may be used for attachment of temporary signs. The total
area of such signs, in addition to permanent interior and exterior
window signs; however, shall not exceed 25% of the surface of each
window to which the sign is attached, shall not be placed on door
windows or other windows needed to be clear for pedestrian safety,
and provided such signs are posted for a period not to exceed 60 days.
F.
Nonilluminated emblems, symbols, or insignia containing less than
seven words text, not exceeding four square feet in area.
G.
Temporary signs. Temporary signs not exceeding 16 square feet in
area, provided such signs are posted not more than 45 days. Such sign
may be reinstalled after a thirty-day waiting period. No more than
three signs are allowed on any such property at any single time.
[Amended by Ord. No. 1728; Ord. No. 1747; Ord. No. 1752; 8-14-2017 by Ord. No. 1832]
The following signs are permitted within the respective zoning
districts as follows, providing a permit is obtained and the referred
to conditions are complied with.
A.
Single- and two-family residential districts, Districts 1 to 3 inclusive.
Any signs requiring a permit are prohibited.
B.
Churches, public buildings and grounds, District 4. Clubs and Lodges,
District 4A. Signs for authorized and legal nonconforming uses.
(1)
Permitted signs. Wall signs and directional signs.
(2)
Wall sign restrictions. Total area of wall signs shall not exceed
1/4 square foot per lineal foot of building fascia.
(3)
Bulletin board restrictions. Total area of bulletin boards shall not exceed 24 square feet in. There shall be not more than one such bulletin board for each street frontage of the building, said board shall not be over eight feet high, and shall be located on private property and in accordance with § 9-2D(4) of the Code of the Village of Whitefish Bay.
(4)
Signs and bulletin boards may be illuminated.
C.
Apartment District, District 5.
(1)
Permitted signs. Wall signs, directional signs, ground signs.
(2)
Area restrictions. Sixteen square feet for ground signs, and the
total area of wall signs is not to exceed 1/4 square foot per lineal
foot of building fascia.
(3)
Height restrictions. Ground signs are not to exceed a height of 10
feet.
(4)
Signs may be illuminated.
D.
Business, District 6. For business establishments which directly
abut on and have direct access to a street or public parking lot at
ground level, with no part of the building between nor on another
floor level.
(2)
Only one sign may be erected or maintained for a business establishment
unless:
(a)
The business establishment has frontage on two or more intersecting
streets, and such streets abut property zoned either in District 6
or District 7, in which case a second sign, flat, ground or projecting,
may be erected or maintained on one of the secondary street frontages,
providing it does not exceed 24 square feet in total area.
(b)
The business establishment has frontage on two or more intersecting
streets or on property zoned within District 7, and such streets or
property zoned within District 7 is abutted by property zoned within
District 1, 1A, 2, 3, 5, 8, or 9, in which case a second sign, flat
and unilluminated, may be erected or maintained on one of the secondary
frontages or property zoned in District 7, providing it does not exceed
24 square feet in total area.
E.
Business District 6, multi-tenant buildings. Where a business establishment,
professional or business office establishment has no direct frontage
abutting on a street or public parking lot at ground level.
F.
Automobile Parking, District 7. No sign shall be erected or maintained
within District 7 except a sign which designates only the ownership,
operator, use, purpose, fee condition or restrictions relating to
such parking lot, which does not exceed 24 square feet in area and
10 feet in height and is located in a landscaped area.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
G.
Special Use District, District 8. Planned Development District, District
9. Signs, if any, shall be controlled by the provisions in the plan
for the development, approved by the Plan Commission and Village Board,
but shall not exceed the limitation restrictions on signs for the
surrounding geographical area.
H.
Silver Spring Drive Business, District 11. This subsection applies
to business establishments that directly abut or have access to a
street or public parking lot at ground level. This subsection also
applies to businesses on another floor or level. The total area of
signage shall not exceed 3/4 of one square foot per lineal foot of
front building fascia for each business on the ground floor and 1/2
of one square foot per lineal foot for each leasehold above the ground
floor. For each facade, one wall, projecting, canopy, monument ground,
projecting ground, theatre marquee, or barber pole sign is allowed
per business. For businesses on a level other than the ground floor
only wall and permanent window signs are allowed. Single-tenant buildings
with over 200 feet of frontage on Silver Spring Drive may have a wall
sign on Silver Spring Drive in addition to all other signs under this
section, provided the building is otherwise in compliance with this
subsection and total signage on Silver Spring Drive does not exceed
150 square feet.
(1)
Wall signs. Individual letters and symbols may be internally illuminated,
but the overall background (if any) shall not be. Sign must be attached
to a flat, opaque wall surface (not directly painted onto the wall)
and may not extend more than eight inches from the wall surface of
the building. Wall signs shall not exceed a total area of 100 square
feet. A wall sign may be segmented to accommodate architectural features
as approved by the Building Inspector.
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(2)
Projecting signs.
(a)
Individual letters or symbols may be internally illuminated.
Individual letters or symbols shall be attached to a panel not more
than 12 inches thick. The area of the sign is calculated using the
sum of all sides. No portion of a projecting sign may exceed 16 feet
above sidewalk grade.
(b)
The lower portion of projecting signs shall be a minimum of
eight feet above sidewalk grade and may only extend a maximum projection
of four feet from the building to which they are attached. Projecting
signs shall not exceed a total area of 50 square feet.
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(3)
Awning signs.
(a)
Individual letters or symbols shall be applied to or integral
with an opaque, nontranslucent material covering an awning structure.
Signage shall be no more than 12 inches in height and may be illuminated
only from above by a general building lighting source.
(b)
Awning border lettering may extend up to 75% of the length of
the awning. The lettering on top of an awning may extend up to 45%
of the length of the awning. Awning signing shall require a permit.
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(4)
Canopy signs. Canopy signs must consist of individual letters or
symbols, which may be internally illuminated. The sign may also include
a panel integral to the canopy structure to which the letters or symbols
are attached. The panel shall be not more than 12 inches thick.
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(5)
Window signs.
(a)
Permanent window signs must consist of only individual letters
and symbols painted or placed on the glazed portion of the window.
Temporary window signs consist of advertising on a flexible material
placed inside the glazed portion of the window. The maximum signage
display area is 25% of the glazed area of each window.
(b)
Window signs covering less than 25% of the glassed area of each
window and not otherwise prohibited shall not be regulated under this
section and shall not require a permit.
(c)
Leaseholders and property owners may post signing in bulletin
board style on a single sign or case not to exceed 18 inches by 30
inches and mounted flush on the building.
(6)
Monument ground signs.
(a)
Individual letters or symbols may be internally illuminated,
the base shall be as least as wide as the display area, and the design
and materials of permanent signs shall be consistent with the building.
(b)
If the sign is mounted on vertical supports, the bottom of the
display area must be no greater than three feet above sidewalk grade.
(c)
The width of vertical supports shall be no less than four inches
at any point.
(d)
The maximum height for monument ground signs is 10 feet above
sidewalk grade. The maximum width for monument ground signs is four
feet. The area of the sign is calculated using the sum of all sides.
(e)
Monument ground signs shall not exceed a total area of 50 square
feet.
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(7)
Projecting ground signs.
(a)
Projecting ground signs are defined as ground signs with a single
vertical support element with signage projecting in one direction.
(b)
Individual letters or symbols may be internally illuminated;
the design and materials of projecting ground signs shall be consistent
with the building.
(c)
The width of vertical support member shall be no less than four
inches at any point.
(d)
Signage shall project no further than three feet from the vertical
support member.
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(e)
Projecting ground signs shall only be located in nonpedestrian
circulation areas.
(f)
The maximum height for projecting ground signs is 10 feet above
sidewalk grade. The area of the sign is calculated using the sum of
all sides. Projecting ground signs shall not exceed a total area of
50 square feet.
(8)
Theater marquees. Theater marquees existing prior to May 3, 2004,
are permitted.
(9)
Barber poles. A barber pole may only be attached to any outside wall
of a building, extending not more than 16 inches beyond such wall
and not beyond the lot line, and free of supports or connections resting
upon the sidewalk or ground.
[Amended 8-14-2017 by Ord. No. 1832]
Banners and other promotion devices:
A.
Off-street banners or pennants will be allowed as special promotion
in Districts 4, 4A, 6, 8, and 9 for a total period not to exceed 15
days and will be allowed in Districts 1, 1A, 2, 3, and 5, not to exceed
a total period of 15 days.
B.
Each commercial business may display one banner or pennant in District
11 for a total period not to exceed seven days. Each business may
display such banner or pennant no more than four times in any twelve-month
period (not to exceed a total of 28 days in any twelve-month period).
The total area of a banner shall not exceed 24 square feet.
C.
Over the street special event banners not exceeding 150 square feet
in area will be permissible over a street or carriageway by special
permit from the Building Inspector upon his approval of the installation
specifications, for a specified period, after approval by the Village
Board and on proof of insurance.
D.
Banners and pennants shall not be illuminated.
[Amended by Ord. No. 1488; 8-14-2017 by Ord. No. 1832]
All signs not specifically authorized by this article are prohibited
and particularly the following:
A.
Abandoned signs.
B.
Moving signs. Signs with physically moving components visible from
the public right-of-way except for approved barber poles.
C.
Floodlighted signs. Reflection illuminated signs whose light source
is positioned so that 25% or more of its light intensity is visible
from a public right-of-way by vehicular operators or whose light source
is visible from residential property.
F.
Searchlights.
G.
Balloons: two feet in diameter and larger.
H.
Off-street banners in place for more than 15 days.
I.
Signs in the public right-of-way.
These standards shall apply to all signs within the Village
except those in District 11.
A.
A ground sign, any part of which is closer than 15 feet to the right-of-way,
shall have a minimum vertical distance of 10 feet between the bottom
of the sign and the established grade or shall not exceed three feet
in height.
B.
Any ground sign or projecting sign within 80 feet of a street intersection
or 25 feet of a driveway, measured from the intersection of the center
lines of the intersecting streets right-of-way, shall have either
a minimum vertical distance of 10 feet between the bottom of the sign
and the established grade or shall not exceed three feet in height.
C.
All other projecting signs and any canopy sign shall have a minimum
vertical distance between the bottom of the sign and the established
grade at the right-of-way line nearest to the sign of nine feet.
D.
Any ground sign or projecting sign shall not exceed 50 square feet
in total area.
E.
Projecting signs may extend not farther than five feet from the building
to which they are attached.
F.
No sign may extend into the right-of-way.
G.
The gross area of permanent window signs shall not exceed 25% of
the gross window area of any given building fascia.
H.
Any sign location that is accessible to vehicles shall have a minimum
vertical clearance of 16 feet. [See National Electrical Code 600.10(B).]
I.
No sign shall directly face a residential district, Districts 1,
1A, 2, 3.
J.
No illuminated sign shall directly face or project into a street
where a part of the street within the block in which the sign is situated
is abutted by property zoned within District 1, 1A, 2, 3 or 7.
A.
Construction specifications.
(1)
All signs shall comply with the provisions of the Village of Whitefish
Bay Building Code and the National Electrical Code (Current Edition),
in addition to the construction standards hereinafter set forth.
(2)
All ground sign structures shall be self-supporting structures and
securely attached to sufficient foundations.
(3)
Electric service to all signs shall be concealed.
(4)
All signs except those attached flat against the wall of a building
shall be constructed to withstand wind loads as follows, with correct
engineering adjustments for the height of the sign above grade.
(a)
For solid signs, 30 pounds per square foot on the largest face
of the sign and structure.
(b)
For skeleton signs, 30 pounds per square foot of the total face
cover of the letters and other sign surfaces or 10 pounds per square
foot of the gross area of the sign, as determined by the overall dimensions
of the sign, whichever is greater.
(5)
No sign shall be suspended by chains or other devices that will allow
the sign to swing in the wind. Signs shall be anchored to prevent
any lateral movement that could cause wear on supporting members or
connections.
(6)
Supports and braces shall be an integral part of the sign design.
Angle irons, chains or wires used for supports or braces shall be
hidden from public view to the extent technically feasible.
(7)
All commercially produced signs shall be marked with the manufacturer's
name in a size which is easily visible from the ground. All electric
signs shall also include: for incandescent lamp signs, the number
of lamp holders; for electric discharge lamp signs, the input amperes
at full load and the input voltage.
(8)
No sign or any part of such sign, or any anchor, brace or guy rod, shall be attached, fastened or anchored to any fire escape, fire ladder or stand pipe; nor be erected or maintained so as to cover or obstruct any door, doorway or window of any building so as to hinder or prevent ingress or egress through such doorway or window or so as to prevent or hinder the raising or placing of ladders against such buildings by the Fire Department of the Village as necessity therefor may require. No sign shall be erected or maintained which covers any required window area or exit door. No sign shall be located to conflict with the provisions of § 9-2D(4) of the Code of the Village of Whitefish Bay.
B.
Installation and maintenance.
(1)
All signs shall be installed in a workmanlike manner using equipment
which is adequate and safe for the task. The article recognizes that
one of the greatest perils to public safety is improper performance
of sign contractors in the use of inadequate equipment. As such, the
Building Inspector may also cite the sign contractor for a violation
of this article if he fails to use proper equipment in the maintenance
of signs.
(2)
Electrical signs. This article recognizes that electric signs are controlled under the special equipment provisions of the National Electric Code and Chapter 12, Electrical Code. It also recognizes that electric sign contractors have developed a specialized trade for high-voltage discharge electrical sign installation and maintenance to properly install and service high voltage electric signs. Electric sign contractors and their employees are herein authorized to perform the following specific tasks:
(a)
Install exterior electric signs, ballasts, or high-voltage transformers
to sockets or outline lighting tubes, and to connect said signs to
primary branch circuit, if said circuit already exists outside of
the building.
(b)
Install interior electric signs, but not to connect said signs
to the primary branch circuit.
(c)
Maintain and replace only electric components within the sign, on its surface, or between the sign and building for exterior signs. This article prohibits the electric sign contractor or its employees from performing work on electric signs in contradiction to the National Electrical Code or Chapter 12, Electrical Code.
(3)
Every sign, including but not limited to those signs for which permits
are required, shall be maintained in a safe, presentable and good
structural condition at all times, including replacement of defective
parts, painting (except when a weathered or natural surface is intended),
repainting, cleaning and other acts required for the maintenance of
said sign.
(4)
The Building Inspector shall require compliance with all standards
of this chapter. If the sign is not modified to comply with safety
standards outlined in this chapter, the Building Inspector shall require
its removal in accordance with this chapter.
[Amended by Ord. No. 1419; 8-14-2017 by Ord. No. 1832]
A.
Permits required. In those instances where a permit is required hereunder
for the particular sign, it shall be unlawful for any person to erect,
construct, enlarge or cause the same to be done in the Village of
Whitefish Bay without first obtaining such sign permit for each such
sign from the Building Inspector. Permits shall not be required for
repainting, cleaning and other normal maintenance and repair of the
sign and sign structure.
B.
Application for a permit. Application for a permit shall be filed
with the Building Inspector upon forms provided by the Building Inspector
and shall contain the following information:
(1)
The name, address and telephone number of the sign owner, the property
owner where the sign is or will be located, and the sign contractor
of the proposed sign.
(2)
Clear and legible scale drawings with description and nominal dimensions
of the proposed sign, the construction, size, dimensions and kind
of materials to be used in such structure.
(3)
A site plan showing the buildings on the premises upon which the
structure is to be erected and maintained, together with location,
size, and types of existing signs on the premises where the proposed
sign is to be located.
(4)
Calculations or evidence showing that the structure and design meets
the requirements of this chapter for wind pressure load.
(5)
Evidence of liability, insurance policy or bond as required herein.
(6)
Photos of subject property and sign site.
(7)
Such other information as the Building Inspector may require to show
full compliance with this and all other applicable ordinances of the
Village of Whitefish Bay.
(8)
Signature of the applicant.
(9)
Payment for all required fees.
C.
Permit fees.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(1)
An application for permit shall be filed with the Building Inspector
together with a permit fee for each sign in accordance with the schedule
of fees set by the Village Board from time to time.
(2)
Provided, however, that there shall be a minimum fee for a permit
for any sign, exclusive of any electrical permit. All illuminated
signs also require a separate electrical permit.
D.
Annual special permit and inspection fees. The annual inspection
fee for an approved illuminated sign shall be as set by the Village
Board from time to time. Such annual inspection fee shall be payable
on the first day of April following erection.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
E.
Permit issuance and denial. The Building Inspector shall issue a
permit for the erection, structural alteration, enlargement, or relocation
of a sign within the Village of Whitefish Bay when the permit application
is properly made, all appropriate fees have been paid, and the sign
complies with the appropriate ordinances and regulations of the Village
of Whitefish Bay as being in keeping with the character of the area
and not creating or creating glare, incitement, threats to public
health and safety or other depreciating factors. The Building Inspector
may refer the application to the Architectural Review Commission if
any concerns or reservations regarding compliance with appropriate
ordinances and regulations exist. If the sign permit is denied by
the Building Inspector, he shall give written notice of the denial
to the applicant, together with a brief statement of the reasons for
the denial, along with the return of all permit fees.
F.
Sign permit appeal.
(1)
In the event any of the requirements herein contained cause undue,
unnecessary or unique hardship on any person, firm or corporation,
a variance from requirements may be applied for to the Board of Appeals.
An application for variance must be made within 10 days after receipt
of notice that the permit is being denied and no less than 15 calendar
days before a scheduled Board of Appeals meeting. In the event that
the appeal is not made in writing to the Appeals Board within such
ten-day period, a variance may not be granted. The Board of Appeals
shall act on any variance request within 60 days of receipt of the
variance application. The Building Inspector shall comply with and
enforce the Zoning Board of Appeals decision.
(2)
The Building Inspector's failure to either formally grant or deny
a sign permit within 15 days of the date of which the application
was filed shall be deemed a denial and a basis for appeal for the
Zoning Board of Appeals.
G.
Indemnification for sign installation and maintenance. All persons
engaged in the business of installing or maintaining signs within
the Village of Whitefish Bay which involves, in whole or in part,
the erection, alteration, relocation, maintenance of a sign or other
sign work in, over, or immediately adjacent to a public right-of-way
or where public property is to be used or encroached upon by the sign
contractor shall, by making application for a sign permit, undertake
to hold harmless and indemnify the Village of Whitefish Bay, its officers,
agents, employees, from any and all claims of negligence resulting
from the erection, alteration, relocation, maintenance of this sign
or any other sign work insofar as this chapter has not specifically
directed the placement of the sign.
H.
Insurance. Each sign contractor shall file with the Building Inspector
a certificate of insurance indicating the applicant holds a public
liability and property damage insurance policy with bodily injury
limits of at least $300,000 per occurrence, and $300,000 aggregate,
and property damage limits of at least $100,000 per occurrence, and
$100,000 aggregate.
I.
Remedies. Violation or failure to comply with the provisions of this
article shall be and hereby is declared to be unlawful.
(1)
Any abandoned, deteriorated or dilapidated signs, or any sign erected,
altered, moved or structurally modified without a permit or altered
with a permit but in violation with the provisions of this article
shall be removed at the owner's expense or brought into compliance
within 30 days of written notification by the Building Inspector.
If deemed hazardous by the Building Inspector, such sign shall be
removed or brought into compliance within 48 hours of written notification.
If the violation is failure to obtain a permit, a permit fee shall
be required and the permit fee shall be five times normal fees. In
the event that the owner does not remove the sign or bring the sign
into compliance, the Building Inspector may order removal, the expenses
of which will be assessed to the tax roll of the property on which
the noncomplying sign is located.
(2)
This section shall not preclude the Village of Whitefish Bay from
maintaining any appropriate action to prevent or remove a violation
of this article.
(3)
The Building Inspector or Police Department may remove any sign which
is erected within the public right-of-way and which is in violation
of this chapter.
A.
Notification of nonconformance. After enactment of this article,
the Building Inspector shall survey the Village of Whitefish Bay to
inventory all signs. Upon determination that a sign is nonconforming,
the Building Inspector shall notify in writing the user or owner of
the property on which the sign is located of the following:
B.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Village of Whitefish Bay on the date of adoption
of this article, or located in an area annexed to the Village of Whitefish
Bay, hereafter, which does not conform with the provisions of this
article (with the exception of signs in District 11, which shall in
any event lose legal nonconforming status five years after the adoption
of any requirement applying specifically to District 11, or the issuance
of a new conditional use permit to the occupant) is eligible for characterization
as a legal nonconforming sign and is permitted, providing it also
meets the following requirements:
C.
Loss of legal nonconforming status. A sign loses its legal nonconforming
status if one or more of the following occurs:
(1)
The sign is structurally altered in any way, except for normal maintenance
or repair, which tends to or makes the sign less in compliance with
requirements of this article than it was before alteration.
(2)
The sign is relocated.
(3)
The sign fails to conform to the article regarding maintenance and
repair, is abandoned, or is dangerous or defective.
(4)
The sign is changed, except for marquees. On the date of occurrence
of any of the above, the sign shall be immediately brought in compliance
with this article, a new permit shall be secured therefor, or the
sign shall be removed.
[Amended 8-14-2017 by Ord. No. 1832]
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 in which the sign is located from the
provisions of this article regarding safety, maintenance, and repair
of signs.
E.
Insurance. The owner or user of a legal nonconforming sign, part of which is located in the public right-of-way, shall file with the Building Inspector a liability insurance policy with minimum limits as established in § 16-48H of this article, within 30 days of notification of legal nonconforming status by the Building Inspector.[1]
[1]
Editor's Note: Original Subsection K, which immediately followed
this subsection, was repealed by Ord. No. 1724.
