[Ord. No. 19-2020, 6-8-2020]
(a)
Scope and purpose.
(1)
The sign regulations of this division establish regulations
for the fabrication, construction, and use of signs in the Village.
The regulations govern the location, type, size, and height of signs
within the Village.
(2)
These sign regulations do not regulate every form and instance
of visual communication that may be displayed. Rather, they are intended
to regulate those forms and instances that are most likely to meaningfully
affect one or more general purposes or findings set forth in this
division.
(b)
Findings. The adoption of this division reflects the formal
findings by the Plan Commission and Village Board that these sign
regulations advance the following compelling governmental interests:
(1)
Protecting Village residents. Signs can obstruct views, distract
motorists, displace alternative uses for land, and pose other problems
that legitimately require regulation.
(2)
Protecting property values. Regulating signs preserves the character
of various neighborhoods, creates a harmonious community, and encourages
economic development. This division allows adequate communication
through signage while encouraging aesthetic quality in the design,
location, size and purpose of all signs.
(3)
Promoting public health, safety and general welfare. Regulating
signs helps protect all persons using public thoroughfares and rights-of-way
within the Village in relation to the signage displayed thereon, or
overhanging, or projecting into such public spaces.
(c)
Interpretation and administration. The regulations of this division
must be interpreted and administered in a manner consistent with the
First Amendment guarantee of free speech.
(d)
Content neutrality. Any sign allowed under this chapter may
contain, in lieu of any other message or copy, any lawful noncommercial
message, as long as the sign complies with all size, height, location
and other applicable regulations of this division.
(e)
Compliance required. The sign regulations of this division and
all local and state building codes apply to all signs in all zoning
districts, except as may be otherwise expressly stated in this chapter.
(f)
General government exemption. The sign regulations of this division
are not intended to and do not apply to signs erected, maintained
or otherwise posted, owned or leased by the Village, state, or federal
government. The inclusion of the term "government" in describing some
types of signs does not subject the government to regulation but instead
is intended to help clarify the types of signs that are exempt under
this general government exemption.
[Ord. No. 19-2020, 6-8-2020]
The following signs and sign characteristics are prohibited
except as otherwise expressly stated:
(a)
Signs for which no required permit has been issued;
(b)
Signs that by reason of position, shape, color or design interfere
with, obstruct the view of, or may be confused with any authorized
traffic sign, signal or device;
(c)
Signs that use words such as "stop," "look," "danger," or any
other word, phrase, symbol, or character in a manner that interferes
with, misleads, or confuses users of streets or highways;
(d)
Fluttering, undulating, swinging, rotating, or otherwise moving
signs, such as windsocks, motorized signs, pennants, pinwheels, festoons,
inflatables, and streamers (does not apply to banner signs);
(e)
Signs that project above the building parapet or eave;
(f)
Flashing, scrolling, or animated signs;
(g)
Beacons and search lights;
(h)
Nonaccessory signs (also known as "billboards" and "off-premises
advertising signs");
(i)
Abandoned signs;
(j)
Signs mounted on platforms with wheels, including portable trailer
signs;
(k)
Signs that prevent free ingress to or egress from any door,
window, or fire escape;
(l)
Signs attached to a standpipe or fire escape;
(m)
Roof signs;
(n)
Signs attached to or painted on a licensed motor vehicle if
the sign:
(o)
Signs attached to or painted on an inoperable or unlicensed
vehicle (motorized or nonmotorized) located in view of the right-of-way.
(p)
Signs located in or obstructing required parking or loading
spaces, or that otherwise obstruct vehicular or pedestrian access
or circulation, or that pose any other hazard to motorized or nonmotorized
travel;
(q)
Signs that violate the intersection visibility regulations of
Division 90-437;
(r)
Signs located in or that project into the right-of-way of a
public street, except as expressly allowed under this division or
as otherwise permitted by the Village;
(s)
Sign displays with a brightness of such intensity or brilliance
that they impair the vision or endanger the safety and welfare of
any pedestrian, cyclist, or person operating a motor vehicle; and
(t)
Signs attached to trees; utility poles; fences; rocks; or hanging
or suspended in air via rope or string.
[Added 1-10-2022 by Ord. No. 33-2021]
[Ord. No. 19-2020, 6-8-2020]
(a)
All signs must be constructed, mounted, and maintained so as
to comply with all applicable provisions of the building code and
electrical code.
(b)
The base or supports of all ground-mounted signs must be securely
anchored to a concrete base or footing and must meet applicable minimum
wind load capabilities.
(c)
The footing and related support structure of a permanent freestanding
sign, including bolts, flanges, and brackets, must be concealed by
landscaping.
(d)
Signs must be mounted so that the method of installation is
concealed.
(e)
Signs must be anchored to minimize any lateral movement that
would cause wear on the sign face or supporting members or connections.
(f)
All permanent signs and their supporting members must be constructed
of standardized sign materials.
(g)
No combustible materials other than approved plastics may be
used in the construction of electric signs.
(h)
All signs must remain in a state of proper maintenance, including
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 other components.
(i)
Any signs that are rotted, unsafe, or that are not in a state
of proper maintenance must be repaired or removed by the licensee
or owner of the sign or owner of the property upon which the sign
stands, upon notice of the Village.
(j)
All signs erected or installed after September 24, 2018, must
display in a conspicuous place thereon the date of erection, the manufacturer's
name, the permit number, and the voltage of any electrical apparatus
used in connection with the sign.
(k)
The owner, lessee, or manager of a sign, and the owner of the
land on which the same is located, must 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.
(l)
If a permitted sign is suspended or projects above a public
right-of-way, the issuance and continuation of a sign permit must
be conditioned on the sign owner agreeing to hold the Village harmless
and obtaining and maintaining in force liability insurance for such
a sign in an amount of at least $500,000 per occurrence per sign or
such greater amount as the Village may reasonably determine.
[Ord. No. 19-2020, 6-8-2020]
(a)
A sign permit must be obtained for any and all signs that are
located, erected, moved, reconstructed, extended, enlarged, converted
or structurally altered, unless otherwise expressly stated in this
division.
(b)
Sign permits are not required for repainting, changing of parts,
and preventive maintenance of signs if such activities result in absolutely
no change in the appearance of the sign from that which was originally
approved.
[Ord. No. 19-2020, 6-8-2020]
The following signs may be erected and maintained without a
sign permit as long as they do not constitute a hazard or nuisance.
Such signs are not counted as signs for purposes of determining the
number of signs or amount of signage on a lot.
(a)
Signs erected and maintained pursuant to the discharge of governmental
functions, or that are required by law, ordinance, or government regulation,
or that are required to be posted in order to effectuate a legal right.
(b)
Operational signs designating entrances, exits, service areas,
parking areas, restrooms and other such signs relating to the functional
operation of the subject building or premises, including "no trespassing"
and warning signs;
(d)
Interior and inside-window signs intended for viewing from inside
or outside the building, provided that such signs are permitted only
on buildings occupied by nonresidential uses and may cover or obscure
no more than 40% of the subject building facade's total window area;
(e)
Fuel price signs on lots occupied by fueling stations, as required
by § 100.18(8), Wis. Stats.; and
[Ord. No. 19-2020, 6-8-2020]; amended 1-10-2022 by Ord. No. 33-2021]
Table 90-440-1 establishes general regulations governing the type, size, height and allowed location of signs allowed on lots occupied by nonresidential uses and/or lots occupied by three or more households. These regulations govern unless otherwise expressly stated under the regulations of this zoning chapter. Lots occupied by one or two households are not governed by the regulations of Table 90-440-1 but instead are allowed to display signs and flags in accordance with applicable provisions of §§ 90-440.50, 90-440.70, and 90-440.80.
|
Table 90-440-1
Nonresidential and Multi-Unit Residential Signs
(See § 90-440.60)
[Amended 3-22-2021 by Ord. No. 05-2021] | |||||||
|---|---|---|---|---|---|---|---|
|
Sign Type
|
Number of Signs Allowed
|
Total Sign Area Allowance Formula
|
Allowed Where
|
Maximum Sign Area and Height
(per sign, by zoning district)
| |||
|
RL
|
AG-1, RE, RM, RH, B-1, MX-1
|
AG-2, B-2, P-1, MX-2, M-1
|
B-3, B-4, B-P, M-2, M-3, P-2, MX-3, MX-4
| ||||
|
Freestanding
|
1 per street frontage or driveway access point
|
1 square foot per linear foot of lot frontage1
|
Street yard2
|
Area: 50 square feet
Height: 6 feet
|
Area: 50 square feet
Height: 6 feet
|
Area: 100 square feet
Height: 8 feet
|
Area: 200 square feet
Height: 10 feet
|
|
On-building3
|
No limit
|
1 square foot per linear foot of building frontage4,6
|
Street-facing building facade
|
Area: 50 square feet
|
Area: 50 square feet
|
Area: 100 square feet
|
Area: 200 square feet5
|
|
Pedestrian
|
1 per business
|
Subject to maximum district limits
|
Within 6 feet of customer entrance
|
Area: 12 square feet
|
Area: 12 square feet
|
Area: 14 square feet
|
Area: 16 square feet
|
|
Highway
|
1 per parcel
|
1 square foot per linear foot of lot frontage
|
Allowed only within 1,000 feet of I-94; minimum setback equal
to sign height2
|
Not allowed
|
Area: 100 square feet
Height: 20 feet
|
Area: 150 square feet
Height: 25 feet
|
Area: 200 square feet
Height: 40 feet
|
|
NOTES:
| |
|
1
|
If approved at time of site plan review, signs not relating
to any specific use, but to a grouping of uses, (i.e., project signs
for multitenant centers) may combine their freestanding sign allowances
(height and area) and use primary building nondriveway and larger
driveway side setback of subject district, provided that they do not
exceed the allowance for highway signs.
|
|
2
|
Freestanding and highway signs must be set back at least 10
feet from side lot lines or in accordance with the accessory building
side setback regulation of the subject zoning district, whichever
is less.
|
|
3
|
On-building sign may not extend beyond the curbline or more
than six feet from the building facade, and must have a minimum vertical
clearance of at least eight feet above ground surface below.
|
|
4
|
Sign area allowance applies only to ground floor uses, per linear
foot of building facade, per business use, per each street frontage
of the business, projected at right angles to the street (no transferring
of unused sign area allowance from one street facade to another).
A retail or service business facade facing a customer parking area
qualifies as a front street.
|
|
5
|
Minimum sign allowance is 50 square feet regardless of actual
building frontage.
|
|
6
|
If a building has a facade over 300 linear feet, additional
total sign allowance area is awarded at 0.5 square feet for every
linear foot above 200.
|
[Ord. No. 19-2020, 6-8-2020]
(b)
Additional temporary signs during election season. Up to three
additional square feet of temporary signage is allowed per 100 feet
per lot frontage per ballot issue and per candidate for election during
the periods of 30 days before and 15 days after an election involving:
(c)
Additional temporary signs on property for sale, rent or lease.
In addition to the other temporary signs allowed under this section,
up to six additional square feet of temporary signage is allowed per
100 feet of lot frontage in a residential district and up to 32 square
feet of additional temporary signage is allowed in a nonresidential
district per 100 feet of lot frontage in the following cases:
(1)
The owner consents and that property is being offered for sale,
rent or lease through a licensed real estate agent or through advertising
in a local newspaper of general circulation.
(2)
For up to 15 days following the date on which a contract of
sale has been executed by a person purchasing the property.
(3)
During the time between the issuance of a building permit for
construction on the subject property and issuance of a certificate
of occupancy. These signs may be affixed to temporary construction
fencing.
[Amended 1-10-2022 by Ord. No. 33-2021]
(4)
Up to 30 days immediately following issuance of a certificate
of occupancy for the subject property.
(5)
When a property is offered for sale and being opened to the
general public, including a period of 72 hours before that opening.
(d)
Additional temporary signs on property being opened to the public.
In addition to the other temporary signs allowed under this section,
six additional square feet of temporary signage per 100 feet per street
frontage may be located on the owner's property on a day when the
property owner is opening the property to the public; provided, however,
that the owner may not use this type of sign in a residential district
on more than nine days in a year and may not use this type of sign
in any commercial district for more than 30 days in a year. For purposes
of this section, a year is counted from the first day on which the
sign is erected counting backwards and from the last day on which
the sign exists counting forward.
(e)
General regulations. Under the temporary sign regulations of this section (§ 90-440.70):
(1)
Any street frontage under 100 feet is counted as 100 feet. Additional
allowances are per 100 feet and not awarded at a ratio.
(2)
Each street frontage of a corner lot or double-frontage lot
is counted separately and is given its own allowances.
(3)
Additional signage allowances are not mutually exclusive; properties
that meet multiple conditions that allow for additional temporary
signage are allowed additional signage for each.
(4)
Any temporary sign allowances under section can be subdivided
or combined among individual signs, so long as any one sign does not
exceed 12 square feet in a residential district or 32 square feet
in any nonresidential district.
(5)
The lessor of a property is considered the owner of the subject
property if the lessor holds a right to use exclusive of others (or
the sole right to occupy).
(f)
Temporary signage height limits are set the same as the limits per
zoning district set forth in Table 90-440- 1. Non-multifamily building
types will use the RL classification.
[Added 1-10-2022 by Ord. No. 33-2021]
(g)
Temporary signs that do not meet these requirements can be approved
via permit at the discretion of the community development director.
The property can then apply to use its permanent signage allowance
and must indicate an expiration date no less than one year from the
application date.
[Added 1-10-2022 by Ord. No. 33-2021]
[Ord. No. 19-2020, 6-8-2020; amended 1-10-2022 by Ord. No. 33-2021]
(a)
A flag, as defined in § 90-620.100, is a single piece of cloth or similar material, shaped like a pennant, rectangle, or square, attachable by one straight edge to a flagpole or attached at the top of a pole and draped.
(b)
Flags cannot be hung or attached to trees, suspended via string or
wire, or posted on fences, walls, or utility poles.
(c)
This ordinance shall consider any similar item not attached to a
flag pole, exceeding the flag regulations, or bearing a commercial
message a temporary sign.
(d)
Residential zoning districts. In a RE, RL, RM and RH Zoning
Districts, a maximum of two flags, two structure-mounted flagpole
brackets, and one ground-mounted flagpole over six feet in height
are permitted per lot. Flags in R Zoning Districts may not exceed
15 square feet in area.
(e)
Nonresidential zoning districts. In nonresidential zoning districts,
a maximum of one flag per 25 feet of street frontage is permitted,
up to a maximum of six flags and six ground-mounted flagpoles over
six feet in height per lot. Flags in nonresidential zoning districts
may not exceed 35 square feet in area.
(f)
Location and maximum height generally. The height of a flagpole
may not exceed the maximum allowed maximum building height in the
subject zoning district.
(g)
Government-owned property and cemeteries are exempt from these provisions.
[Ord. No. 19-2020, 6-8-2020]
A single permanent sign placed by the property owner for the
purpose of serving the public welfare through way-finding is permitted
in all nonresidential zoning districts. Such way-finding signs may
not exceed 12 square feet in area, except that such signs may be up
to 30 square feet in area if a substantial landscape area is provided
around the base of the sign and illumination on each side is limited
to exterior lighting, not exceeding 1,100 lumens per 15 square feet
of sign area.
[Ord. No. 19-2020, 6-8-2020]
Drive-through signs are permitted in conjunction with drive-through
uses, in accordance with the following regulations:
(a)
Drive-through signs must be located within 10 feet of a drive-through
lane.
(b)
One primary drive-through sign not to exceed 36 square feet
in area or eight feet in height is allowed per order station up to
a maximum of two primary drive-through signs per lot. One secondary
drive-through sign not to exceed 15 square feet in area or six feet
in height is allowed per lane.
(c)
Drive-through signs must be set back at least 25 feet from residential
zoning districts.
(d)
Drive-through signs must be oriented to be visible by motorists
in allowed drive-through lanes.
(e)
Internal illumination is permitted only when the sign is completely
screened from view of abutting R-zoned lots.
|
Figure 90-440-1
Drive-Through Sign
 |
[Ord. No. 19-2020, 6-8-2020]
(a)
Signs may not be erected or maintained if they contain, include, or are illuminated by any flashing light, electronic change in messages, electronic change in background colors, electronic change in light intensity, or electronic video display, except for electronic messaging signs permitted under § 90-440.120.
(b)
External light sources used to illuminate signs must be effectively
shielded so as to prevent:
[Ord. No. 19-2020, 6-8-2020]
(b)
Electronic messaging signs. Unless otherwise expressly prohibited
under this division, a freestanding sign or on-building sign allowed
under Table 90-440-1 may be an electronic messaging sign or include
electronic messaging elements, subject to compliance with the following
regulations:
(1)
An electronic messaging sign or sign element may not exceed
30% of the maximum sign area allowed for the subject sign type, as
established in Table 90-440-1.
(2)
The electronic display background color tones, lettering, logos,
pictures, illustrations, symbols, and any other electronic graphic
or video display may not blink, flash, rotate, scroll, change in illumination
intensity, or otherwise change in outward appearance, except when
the electronic message or display is changed to another message or
display.
(3)
The images and messages displayed on an electronic messaging
sign must have a minimum dwell time of at least 20 seconds and may
not contain any movement, animation, audio, video, pyrotechnics or
other special effects. The images and messages displayed must be complete
in and of themselves within the required dwell time.
(4)
The transition or change from one message to another must occur
in two seconds or less and involve no animation or special effects.
(5)
Electronic messaging signs must be equipped with a default mechanism
that will stop the messaging or freeze the image in one position when
a malfunction in electronic programming occurs.
(6)
Electronic messaging signs must have a nonilluminated background.
(7)
The maximum illumination level of the display on an electronic
messaging signs may not exceed 0.3 footcandle above ambient light
levels, measured as follows:
a.
At least 30 minutes past sunset, and with the electronic display
either turned off, showing all black copy, or blocked, a footcandle
(light) meter must be used to record the area's ambient light level.
An ambient reading will be taken with the meter aimed directly at
the electronic display and at the following distance:
|
Electronic Display Area
(square feet)
|
Measurement Distance
(feet)
|
|---|---|
|
Up to 100
|
100
|
|
More than 100
|
150
|
b.
(Reserved)
c.
To establish the illumination level, the electronic display
must be turned on to show all white copy and a second reading taken.
The difference between the two readings is the electronic display's
illumination level.
(8)
Electronic messaging signs must have an automatic dimmer control
to produce a distinct illumination change from a higher illumination
level to a lower level for the time period between 1/2 hour before
sunset and 1/2 hour after sunrise.
(9)
Audio speakers are not allowed with any electronic messaging
sign.
(10)
Any form of pyrotechnics is prohibited in association
with an electronic messaging sign.
[Ord. No. 19-2020, 6-8-2020]
See § 90-460.50.
[Ord. No. 19-2020, 6-8-2020]
(a)
Measurement of sign area. Sign area is calculated as follows:
(1)
The area of a sign enclosed in a frame or cabinet is determined
based on the outer dimensions of the frame or cabinet surrounding
the sign face.
|
Figure 90-440-2
Sign Area
 |
(2)
When the sign faces of a multisided sign are parallel or within
30° of parallel, only one side of the sign is counted for the
purpose of determining the area and number of signs. If the sign faces
are not parallel or within 30° of parallel, all sign faces are
counted in determining the number and area of signs on the subject
lot.
|
Figure 90-440-3
Multisided Sign
 |
(3)
The area of a sign comprised of individual letters or elements
attached to a wall is determined by calculating the area of the smallest
square, rectangle, or circle that can be drawn around the letters
and graphic elements of the sign. Signs consisting of individual letters
and/or graphic elements will be measured as one sign when the distance
between the letters and/or elements is less than the largest dimension
of the largest sign letter.
|
Figure 90-440-4
Individual Letter Signs
 |
(4)
Spherical, free-form, sculptural or other nonplanar sign area
is measured as 50% of the sum of the areas using only the four vertical
sides of the smallest four-sided polyhedron that will encompass the
sign structure.
|
Figure 90-440-5
Nonplanar Signs
 |
(b)
Assignment of sign area: multitenant buildings. The allowable
area for signs is based on the linear feet of a building facade assigned
to each tenant.
(c)
Measurement of sign height. The height of a sign is measured
by calculating the distance from the base of the sign at normal grade
to the top of the sign face. Normal grade is the lower of:
(1)
The existing grade prior to construction; or
(2)
The newly established grade after construction, exclusive of
any filling, berming, mounding, or excavating solely for the purpose
of locating the sign.
(3)
The average elevation of the property within 100 feet of the sign
location.
[Added 3-22-2021 by Ord. No. 05-2021]
(4)
The average between the sign elevation and centerline elevation of
adjacent public frontage within 100 feet of the sign location.
[Added 3-22-2021 by Ord. No. 05-2021]
