[HISTORY: Adopted by the Village Board of the Village of
Birnamwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-1-2006 by Ord. No. 06-10-01]
This article may be referred to as "An Ordinance Regulating
Large Outdoor Signs in the Village of Birnamwood."
A.
The citizens of the Village of Birnamwood, acting through the Village
Board and Planning Committee and in various other forums, have indicated
their strong desire to maintain the character and scenic beauty of
the Village.
B.
Depending on their size, number and character, signs either provide
useful information or detract from the quality of life for residents
and attractiveness of the area for visitors. Large and tall signs
may reduce tourism and the location of certain business with high-paying
jobs. Since large and tall signs are out of proportion with Village
streets they distract motorists and thus pose a threat to public safety.
Therefore, to protect public health, safety and welfare, and specifically
to promote the safety of public travel on Village, county and state
highways, this article prohibits the construction and reconstruction
of outdoor signs that are excessively high or excessively large. This
article, authorized by Ch. 61, Wis. Stats., sets those standards to
protect and promote the safety of public travel on Village, county
and state highways by minimizing distractions and obstacles to clear
views of the road and of directional or warning signs.
As used in this article, the following terms shall have the
meanings indicated:
Any sign that does not display a well-maintained message for
a consecutive 120-day period;
Any sign the owner of which cannot be located at owner's last
address, as reflected on the records of the Village-designated office;
or
Any sign no longer fully supported by the structure designed
to support the sign for a consecutive 120-day period.
The area of one side of a sign is calculated from the smallest
rectangle that encompasses all the exposed face that could be filled
with a message or graphics.
Sign placed without a permanent structure containing a time-bound
message and used in aggregate no more than 21 days in any calendar
year on any private parcel.
Sign with a message on both sides of a support structure,
thus counting as two sign faces.
A sign authorized by this municipality, another governmental
agency, the State of Wisconsin, or the federal government.
Any roadway that is accessible to the public and maintained
by the Village, state or by the county for purposes of vehicular traffic.
The Village of Birnamwood office that has responsibility
for administering this article.
A person owning a sign.
Contiguous real estate, irrespective of public roads, with
tax bills sent to a single address.
The authorization for a sign issued by the office, as defined
in this section.
Any individual or entity, including a firm, partnership,
association, corporation, limited liability company, trustee, and
their legal successors.
An object, including a structure, wall, image or movable
device displaying any message visible to the public. Notices legally
placed on public property and removed on a daily basis are not considered
signs. Letters individually painted on or attached to a building that
merely identify the owner or occupant or name of the establishment
are not considered signs.
A sign for events such as grand openings, displays, craft
shows, benefits, fund-raisers, festivals, and other limited-term events
and that in aggregate are used no more than 21 days in any calendar
year on any private parcel.
A sign, less than three square feet, that warns the public
about trespass to private property, dangerous conditions such as an
aggressive dog and unusual hazards such as drop-offs, high voltage,
fire dangers and explosives.
No new outdoor sign may be constructed in the Village of Birnamwood
that has any of the following characteristics:
A.
An area of more than 40 square feet on Village streets in residential
areas or 100 square feet on county and state highways.
B.
A combined area of all sign faces on any one parcel of more than
80 square feet on Village streets in residential areas or 200 square
feet on county and state highways.
C.
A height of any part of the sign that is more than 10 feet above
the uniform finished grade on Village streets in residential areas
and 18 feet for county and state highways.
The following signs are exempt from the provisions of this article:
A.
Intent. This article is intended to encourage the eventual elimination of signs which do not comply with the article. The elimination of nonconforming signs is important to the purpose stated in § 181-2. However, it is also the intent of this article to avoid unreasonable invasion of property rights while accomplishing removal of nonconforming signs.
B.
Compliance. A sign not complying with this article, but in place
on the effective date of this article, shall be brought into compliance
with the article, if it is practical to do so, as determined by the
owner of the sign.
C.
Continuance. A nonconforming sign may be continued if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign. It may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the office, as defined in § 181-3, determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement value. However, it may be replaced if intentionally damaged or destroyed by person(s) who are proven to be unconnected to the owner(s) of the sign.
D.
Nuisance. An unsafe or abandoned sign is declared to be a nuisance,
which shall be abated within 60 days of receiving notice from the
office. After 60 days, the sign may be removed by the office.
Appeals to the determination of the office, as defined in § 181-3, may be made in writing directly to the governing body, who shall hear the appeal within 60 days. Variances may be granted if all of the following criteria are fulfilled:
A.
That the circumstance are not of the applicant's making;
B.
That the applicant's request mitigates unusual site conditions;
C.
That the applicant's request would not create a detriment to the
neighborhood or reduce property value;
D.
That the applicant's request is consistent with the spirit and intent
of this article;
E.
That, without a variance, the applicant would experience a hardship
and cannot make any reasonable use of the property.
A.
Administration. The office shall appoint personnel to administer
and enforce the terms and conditions of this article.
B.
Enforcement. The office shall issue permits as required by this article.
The office shall also ensure that signs comply with this article and
any other applicable law. The office shall also enforce the requirement
that all sign owners properly comply with this article by procuring
a permit. The office shall make such inspections as may be necessary
and shall initiate appropriate action to enforce compliance with this
article and other applicable laws.
C.
Office powers. The designated Village office, as defined in § 181-3, shall have the power and authority to administer and enforce this article. Included among such powers are the following specific powers:
(1)
Upon presentation of proper identification to the sign owner or owner's
agent, a representative of the office may enter the sign area for
purposes of inspecting the sign's area and height. In cases of emergency,
where imminent hazards to persons or property are known to exist,
and where the sign owner or owner's agent is not readily available,
the office's designated representative may enter the sign area for
purposes of inspection or remediation. When on private property, the
office shall observe rules and regulation concerning safety, internal
security, and fire protection. If the office is denied admission to
inspect any sign, inspection shall be made only under authority of
a warrant issued by a court of proper jurisdiction. When applying
for such warrant, the office shall submit an affidavit setting forth
a belief that a violation of this article exists with respect to a
particular sign, and the reasons for forming this belief. The affidavit
shall designate the place and name of the person believed to own or
possess the sign. If the court finds probable cause exists for the
search of the sign and supporting structures, then a warrant authorizing
the search shall be issued. The warrant shall describe the property
with sufficient certainty to identify the same. This warrant shall
constitute authority for the office to enter the sign area and to
inspect the property.
(2)
Upon issuance of a stop order from the office, work on any sign that
is being conducted in any manner contrary to this article shall be
immediately stopped. This notice and order shall be in writing and
shall be given to the owner of the parcel, the sign owner, or to the
person performing the work. The stop order shall state the conditions
under which work may be resumed. The Police Department of the Village
or the County Sheriff shall have authority to enforce a stop order.
(3)
The office has the authority to revoke any permit authorized by this
article if the sign violates this article or another law, provided
that the office shall offer the sign owner an opportunity to be heard.
The person whose permit is under consideration shall be given at least
10 days' written notice of the time, place, and reason for the hearing.
The sign owner and/or person identified in the permit shall be permitted
to present relevant facts and legal argument concerning the pending
revocation. Following this hearing, the office shall consider the
merits of the case and shall present a written decision. If the office
determines that a violation has occurred, the owner shall have 30
days to remove the sign. If, however, the office believes violation
of the article is causing imminent danger, the office may immediately
revoke any sign permit and order immediate removal.
(4)
A sign installed after the effective date of this article and not
conforming to this article shall be removed by the owner. The sign
owner shall not be entitled to compensation for the sign removal and
shall reimburse the office for any cost incurred in connection with
the removal.
(5)
Any person violating any provision of this article shall, upon adjudication,
forfeit not less than $50 and not more than $150 for each violation.
Each day subsequent to the 30-day removal timetable on which a violation
continues to occur shall constitute a separate offense. In addition,
the Village Attorney is authorized to take all action, legal, injunctive
and equitable, to assure compliance with this article.
A.
Severability. This article and its parts are declared to be severable.
If any section, clause, provision, or portion of this article is declared
invalid or unconstitutional by a court of competent jurisdiction,
this decision shall not affect the validity of the article as a whole.
All parts of the article not declared invalid or unconstitutional
shall remain in full force and effect.
B.
Conflict. If any part of this article is found to be in conflict
with any other ordinance or with any other part of this article, the
most restrictive or highest standard shall prevail. If any part of
this article is explicitly prohibited by federal or state statute,
that part shall not be enforced.
This article shall be effective on November 1, 2006.
