[HISTORY: Adopted by the Village Board of
the Village of Shorewood 6-18-2007 by Ord. No. 1930 (Ch. 9, Art. 4 of the
1986 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide minimum standards to safeguard life, health and property and to promote public welfare and preserve the beauty and the unique character of the Village by regulating and controlling the design, area, number, quality of materials, construction, location, electrification, installation and maintenance of all signs referred to hereunder. The intent of this chapter is also to assist the business community in promoting individual businesses by encouraging and maintaining the quality, design and consistency of signage as related to property values on which the signage is located and adjacent property. It is not the intent of this chapter to inhibit or stifle the use of innovative concepts, imagination or originality in designing signs to be erected in the Village. For this reason, special exceptions may be granted under the provisions of § 445-23 of this chapter.
The following terms shall be defined as follows
in this chapter, and the singular includes the plural and the plural
includes the singular:
Any vehicle parked temporarily or otherwise 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 purpose of providing advertisement of products
or services or directing people to a business activity located on
the same or nearby property or any other premises. Excepted from this
definition shall be public and private passenger transit vehicles.
The area of copy enclosed by one continuous line connecting
the extreme points, edges or boundaries of a sign. This area does
not include the main supporting components of the sign but shall include
other ornamental attachments.
A roof-like structure, often made of canvas or plastic, that
serves as a shelter, as over a storefront, window, door or deck.
A sign that has a detached light source located behind the
sign to which is attached to a structure or building.
An advertising sign which directs the attention of the public
to a business activity conducted or product sold or offered for sale
at a location not on the same premises where such sign is located.
A decorative overhanging sign attached to a wall or structure
and facing perpendicular to the attached surface.
A sign or part thereof that is designed so that characters,
letters or illustrations can be changed or rearranged without altering
the face or the surface of the sign.
A sign composed of letters so constructed and assembled as
to use no other structure for background other than the building or
structure itself. Also known as "skeleton cutout signs." These can
either be individually mounted (pin mounted) or channel set (grouped
together on a continuous metal channel running behind the letters).
These can also be illuminated or not.
A projecting molding that tops the elements to which it is
attached, used especially on a roof or the crowning member of an entablature,
located above the frieze.
Any sign not supported by or attached to any side of a building
or structure.
Any sign that displays still images, scrolling images or
moving images, including video and animation, utilizing a series or
grid of lights that may be changed through electronic means, including
cathode ray, light-emitting diode (LED) display, plasma screen, liquid
crystal display (LCD), fiber-optic or other electronic media or technology.
A horizontal flat element often combined with a cornice.
Any sign the back of which is attached flat against any side
of a building or structure.
A sign in which the source of illumination is an integral part of the sign; floodlights illuminating the sign do not convert the sign to an illuminated sign within the meaning of this chapter, but such illumination nevertheless shall be subject to the provisions of Chapter 275, Electrical Standards, of the Village Code. Illumination allowed hereunder, including floodlight illumination, shall be of such nature as to illuminate only the immediate area of the sign, concentrating light within or upon the sign without radiating light upon adjacent public or private property so as to interfere with the comfort and repose of those residing in the neighboring dwellings.
A sign that did meet code regulations when it was originally
installed prior to the adoption of this chapter.
A horizontal structural element over an opening that carries
the weight of the wall above it.
A sign independent from any building that has a structural
base of not less than 75% of the width of the sign face.
A sign that does not meet code regulations.
One painted upon the side of any building or upon any structure
and for which no separate background structure is used.
A portion of a flat surface recessed or raised from the surrounding
area, distinctly set off by molding or some other decorative device.
A sign mounted on a pole, independent from a structure, where
the diameter of the pole is less than 80% of the width of the sign.
A sign intended solely for a political purpose or to communicate
a message that pertains to an issue of public policy of possible concern
to the electorate but does not include a message intended for a commercial
purpose.
A sign that can be moved from place to place that is not
permanently affixed to the ground or to a building.
Any sign attached to any side of a building or structure and which extends outward more than three inches. Canopies and awnings shall not be considered projecting signs but shall be maintained in accordance with the provisions of this chapter and shall be subject to the provisions of § 445-18 of this Code.
Channel letter signs that are built the opposite of standard
channel letters with a solid face and a clear back, resulting in a
halo of light around the letter at night. Also known as "halo-lit
signs."
A portable, outdoor, collapsible, A-framed sign used for
advertising.
Any medium, including its structure and component parts,
which is used or intended to be used to attract attention for advertising
or identification purposes.
The wall area on the exterior of a structure located above
a commercial storefront and below the second-floor line.
A sign composed of letters so constructed and assembled as
to use no other structure for background other than the building or
structure itself. Also known as "channel letter signs." These can
either be individually mounted (pin mounted) or channel set (grouped
together on a continuous metal channel running behind the letters).
These can also be illuminated or not.
A temporary sign which is erected or displayed for not more
than 30 days for the purpose of advertising special events.
The exterior wall area of a structure that faces a public
street and includes only the portion of the structure that represents
an occupied business from the entire width and complete story height.
A sign fabricated of paper, plywood, fabric, window whitewash
or paint, or other light impermanent material that is intended for
a temporary period of posting on public or private property not to
exceed 30 days.
The actual window above a door or the crosspiece separating
a door or the like from a window above.
The unoccupied triangular space at the street corner of a
corner lot established by a straight line connecting two points which
are on the center lines of and 50 feet from the intersection point
of the two center lines of intersecting streets. Further requirements
are set forth under § 535-32B(3).[1]
Any sign painted upon or attached to or displayed in a window
in such a manner as to permit viewing from the exterior of the building
or structure of which said sign is a part.
It shall be unlawful for any person, firm or corporation to place, erect, alter or relocate within the Village of Shorewood any sign as defined in this chapter without first obtaining a permit and paying the fee required hereunder, unless excepted from the provisions of this chapter. All illuminated signs shall, in addition, be subject to the provisions of Chapter 275, Electrical Standards, of this Code and the permit fees required thereunder.
Application for a permit hereunder shall be
made on the forms provided by the Planning and Zoning Administrator
or his designee and shall contain or have attached thereto the following:
A.
Name, address and telephone number of the applicant.
B.
Location of building, structure or lot to which or
upon which the sign is to be attached or erected.
C.
Position of the sign in relation to nearby buildings
or structures.
D.
Two copies of plans, renderings, or other pictorial
of nonresidential signs and specifications shall be submitted with
the application for each sign regulated by this chapter, including
photos of neighboring properties. Such plans shall show complete details,
size of the sign, the method of attachment or support, locations and
materials to be used.
E.
Name of person, firm, corporation or association erecting
the sign.
F.
Written consent of the owner of the building, structure
or land to which or on which the sign is to be erected.
G.
Any electrical permit required and issued for said
sign.
H.
Insurance policy or bond as may be required hereunder.
I.
Permit fee.
J.
Such other information as the Planning and Zoning
Administrator or his designee and Design Review Board shall require
to show full compliance with this chapter and all other laws and ordinances
of the Village and the State of Wisconsin.
The Design Review Board shall review the application for a sign permit, including the plans and specifications and other data, and the premises upon which it is proposed. If the Design Review Board determines that the proposed sign is in compliance with all the requirements of this chapter and all the laws of the State of Wisconsin and the ordinances of the Village of Shorewood, including the Villages design guidelines under § 445-21G of the Village Code, and in accordance with the authority granted under § 445-7H of this chapter, then the Design Review Board shall grant approval and direct that the sign permit be issued by the Planning and Zoning Administrator or his designee, subject to the provisions of § 445-7 of this chapter hereinafter set forth. If the work authorized under a permit has not been completed within four months after the date of issuance, said permit shall become null and void.
The applicant shall pay a permit fee as enumerated
in the Village Fee Schedule at the time of application for each permanent
sign which shall be received before a sign permit is issued. In case
a permit is not obtained before a sign is erected, affixed or displayed,
a double fee shall be charged.
A.
All signs shall be limited to the owner's name, business
name, profession or trade conducted within the building or on the
premises on which said sign is erected or maintained. It is not intended
to restrict the names of manufacturers of products used by the occupants
of the building or premises in carrying on their business, profession
or trade.
B.
Existing illuminated signs shall be turned off by
10:00 p.m. or, in the case of businesses which operate after 10:00
p.m., at time of closing.
C.
Except as provided under Subsection D, there shall be no more than one sign for each business located on the first floor, or two if one is a blade sign. Said signs may be placed or erected on a building or property where said business is located.
D.
The placing or erecting of any sign on one side of
a building or structure used for business purposes, other than the
front thereof, when such building or structure is not located on a
corner lot, or when such side is not immediately adjacent to or facing
a street, vacant lot, parking lot, or open space, of no less than
30 feet in width, is prohibited; provided, however, that in the event
that any business establishment has more than one customer entrance,
said establishment shall be allowed additional signing to be erected
on, over, or adjacent to each regular customer entrance. Said signs
may not exceed two square feet.
E.
When a building contains offices or business establishments
above the first floor, one additional sign may be erected on the front
of such building located at a first-floor level. This sign shall be
a directory-type sign only for the purpose of listing such offices
or business establishments located in said building. Each listing
thereon shall be limited to one square foot.
F.
No signs as contemplated in this chapter or any part
of such sign or any anchor, brace or guide rod shall be attached,
fastened or anchored to any fire escape, fire ladder or standpipe,
and no such sign or any part of such sign, or any anchor, brace or
guide rod shall be erected, put up or maintained which will cover
or obstruct any door, doorway or window of any building, hindering
or preventing ingress or egress through such door, doorway or window,
or which will hinder or prevent the raising or placing of ladders
against such building by the Fire Department of the Village of Shorewood,
as necessity therefor may require.
G.
No sign shall extend above the roof or parapet or other appurtenance of the building or structure to which it is attached, or project into the public way, except as provided in § 445-12 of this chapter.
H.
No installation of any sign or advertising device as provided for in this chapter shall be made unless the same is satisfactory to and has the approval of the Planning and Zoning Administrator and Design Review Board of the Village of Shorewood, and the power and authority is hereby given to the Building Inspector to remove or cause to be removed any and all unauthorized, defective or dangerous signs, however erected or installed, if not immediately removed or repaired by the owner, operator or licensee on due notice, and to charge the costs of such removal to the property owner as provided in § 445-19C of this chapter.
[Amended 2-25-2008 by Ord. No. 1935]
I.
Aesthetics. The aesthetics of the proposed sign may not be at variance with the exterior design of the building upon which it is to be erected, the exterior design of other buildings in the same area, or the design of other signs in the area, or in general in conflict with the aesthetics of the area in the opinion of the Design Review Board in accordance with § 225-12 of the Village Code.
K.
Exterior lighting shall be down-directed.
Flat-mounted, surface-mounted, and pin-mounted
signs shall be mounted within the building's sign band and may not
project more than three inches from the building face. Said building
signs shall not exceed 75% of the area of the sign band or 18 inches
in height, whichever is less. Signs may not be painted directly on
a wall or structure. A sign mounted outside the sign band area shall
be less than or equal to one square foot per 20 square feet of the
street facade area on which it is mounted, up to a maximum of 60 square
feet in area.
[Amended 2-25-2008 by Ord. No. 1935; 11-3-2014 by Ord. No. 2045]
A.
Only one detached sign may be erected on the premises of a business establishment or in or upon parking lots which serve one or more business establishments. A detached sign shall be limited to 32 square feet in area and eight feet maximum height measured from the base of the sign (not including the foundation) and be in accordance with vision setback area requirements set forth in the definition of "vision triangle" in § 445-2 of this chapter. Detached monument signs shall only feature business names. For the purpose of determining allowable area of a detached sign, only the square footage of one side of a two-sided sign shall be used, provided that both sides of said sign are identical.
B.
All monument signs shall be self-supporting structures with a solid
base and typically constructed of masonry materials.
C.
Monument signs are encouraged to feature landscaped element(s) within
the sign design.
D.
Gasoline fuel price signs. Gasoline service stations, convenience
stores, and similar retail businesses selling gasoline or similar
fuels for use in motor vehicles shall be allowed LED electronic signage
for the gasoline prices only.
[Amended 2-25-2008 by Ord. No. 1935]
Portable sandwich board signs owned by the Village
of Shorewood and sold or leased to persons or businesses in accordance
with the Shorewood Business Improvement District Sandwich Board Program
may be erected without authorization in the Central Business District
(B-1, B-2 and B-3) subject to applicable regulations provided through
the Business Improvement District Sandwich Board Program, upon program
approval by the Village Board.
A.
Window signs shall be limited to one location on the
primary display windows or doors. Professionally painted or vinyl-applied
decal signs may be mounted within the transom or at the lower section
of the storefront window. Decal signs can occupy up to 10% of the
glass area of a single pane located at the lower section and occupy
up to 50% of the transom area; signs may not exceed 25% of the entire
window area excluding the transom. Grease paint is strictly prohibited
on all windows and doors.
B.
Window signs shall not require a sign permit and approval
by the Design Review Board.
[Amended 11-3-2014 by Ord. No. 2045]
Small overhanging and blade signs shall be limited to one sign per business, unless the business is located on a corner subject to § 445-7D of this chapter. Overhanging and blade signs shall be mounted on fixed hardware with no chains or excessive bracketing. They shall not exceed six square feet in size and not extend more than three feet from the face of the building and shall have a maximum height of three feet and minimum placement above the sidewalk of eight feet.
Decorative "icon" signs, such as coffee cups, barber poles, toothbrushes, and ice cream cones, will be considered by the Design Review Board for approval as a special exception under § 445-23 of this chapter.
A.
The application for a permit for the erection of a
sign in which electrical wiring and connections are to be used, if
approved by the Design Review Board, shall be submitted to the Electrical
Inspector for approval.
B.
The Planning and Zoning Administrator or Building
Inspector shall not authorize the issuance of a sign permit until
after the Design Review Board has given approval and an electrical
permit has been issued.
[Amended 2-25-2008 by Ord. No. 1935]
C.
All wiring, fittings and materials used in the construction
and operation of illuminated signs shall be in accordance with the
Wisconsin State Electrical Code and ordinances of the Village of Shorewood.
D.
The lowest edge of all illuminated signs shall be
located at least 10 feet above the established grade of the adjacent
or nearest public way if erected outside of any building.
All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 40 pounds per square foot of area and shall be constructed to receive dead loads as required in Chapter 225, Building Construction, of the Village Code or other ordinances of the Village of Shorewood.
[Amended 2-25-2008 by Ord. No. 1935]
Temporary signs shall be approved through the
Planning and Zoning Administrator and subsequent notification to the
Business Improvement District office, if applicable, allowing such
temporary signs for business grand openings and events held within
Shorewood. A temporary sign approval shall be issued only for the
active use period of the sign, not to exceed 30 days. Temporary signs
shall not be illuminated.
Menu boxes may be wall-mounted on the outside
of the building at or near the main entrance of a restaurant. Menu
boxes shall be approximately 18 inches wide by 27 inches tall by three
inches deep and covered with vandal-resistant glass/Lexan**** plastic.
They shall be mounted approximately five feet above the sidewalk to
the bottom of the box.
A.
Signs existing on the effective date of this chapter
which do not conform to the provisions of this chapter, when removed
from their fastening or when the copy or facing thereof is altered,
shall not be re-erected or maintained unless the sign, location and
erection thereof are made to conform to the provisions of this chapter
and any other applicable ordinance or regulation of this Village.
B.
Any sign now or hereafter existing which no longer advertises a bona fide business, product or service associated with said business in the Village of Shorewood shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign may be found within 14 days after written notification of the Building Inspector, and upon failure the Building Inspector is hereby authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the premises on which such sign is located in accordance with the provisions of § 445-19C of this chapter.
A.
The owner of any sign shall keep it in good maintenance
and repair.
B.
If the owner of such sign or the owner of the premises
on which such sign is erected shall fail to comply with the orders
of the Building Inspector relative to the painting, repair, alteration,
maintenance or removal of said sign pursuant to written notice thereof,
and within 14 days after the notice has been received, the Building
Inspector shall then have the authority to proceed to paint, repair,
alter, maintain or remove said sign without further notice to said
owner.
C.
The costs of such painting, repair, alteration, maintenance
or removal of said sign shall be billable to the owner of the property
upon which said sign is erected and shall be certified in the proper
manner to have them levied as special charges against such property,
and proper officers of the Village are authorized and directed to
enter such charges onto the tax roll.
A.
General. No person shall paint, paste or otherwise
fasten any paper or other material, grease paint, stencil or write
any number, sign, name or any disfiguring mark on any building, sidewalk,
curb, gutter, or street, any post, pole or tree, or any other sign,
fence or other structure, nor shall any of said objects be defaced
in any manner, unless sanctioned by the provisions of this chapter
or other provisions of the Village Code or by the Planning and Zoning
Administrator or Building Inspector in carrying out or on any public
work or construction.
[Amended 2-25-2008 by Ord. No. 1935]
B.
Beacon and flashing-type devices. No flashing, alternating,
rotating or swinging sign, whether illuminated or not, shall be permitted
hereunder. No flashing, alternating, rotating or swinging flood, spot
or beacon light shall be permitted for illuminating any sign or any
structure for the purpose of advertising.
C.
Flood or spot lights. No flood or spot light shall
be located and directed in such a manner as to cause a glare or light
to be directed to surrounding buildings and premises.
D.
Obstruction of traffic control devices. It shall be
unlawful to erect or maintain any sign which constitutes a traffic
hazard or is a detriment to traffic safety by obstructing the vision
of drivers or detracting from the visibility and prominence of any
official traffic control device.
E.
Miscellaneous. The use of any banner, pennant, flag,
balloons, streamers or other similar media for advertising or identification
purposes shall be strictly prohibited, except as may be permitted
to promote special events for a period not to exceed 30 days, and
which shall be subject to the written approval of the Village Manager.
F.
Illuminated signs. Internally illuminated box signs
and standard channel letter signs are prohibited. This does not include
individually pin-mounted reverse illuminated solid-faced channel letter
signs, often called "halo-lit signs."
G.
Advertising vehicles are prohibited, subject to the
following exceptions:
(1)
Vehicles parked on public or private property used
solely for business use for the purpose of transporting or delivering
goods or providing services directly related to the business being
advertised on the vehicle.
(2)
Vehicles temporarily parked on public or private property
for the purpose of delivering goods or providing services.
I.
Freestanding pole-mounted signs are prohibited.
J.
Backlit and vinyl plastic awning signs are prohibited.
K.
Billboards are prohibited.
L.
Electronic message board signs are prohibited except where explicitly
provided for within the Code.
[Amended 11-3-2014 by Ord. No.
2045]
A.
General. The temporary occupancy of the sidewalk or the street or other public property in case of construction, removal, repair, alteration or maintenance of a sign shall not be deemed to be a violation of this chapter, provided that the space occupied is roped off, fenced off or otherwise isolated when necessary for public convenience and protection. A permit shall be required as provided under § 466-5 of this Code.
The provisions and regulations of this chapter relating to permits and permit fees shall not apply to the signs and sign work specifically listed below. Although permits and fees are not required for the exempt signs, these exemptions shall not be construed as relieving the owner of a sign from complying with the applicable provisions of this chapter relating to size, number, erection, illumination and maintenance, and exempt signs shall comply with the following: no sign may be erected in a location where it would impede driver vision or present an obstruction or hazard to vehicular or pedestrian traffic, and if such exempt sign no longer serves the purpose for which it was erected, removal of the sign shall be subject to the provisions of § 445-18B of this chapter.
A.
Painting. Painting, repainting or cleaning of an existing
sign unless a structural change is made or unless the text of the
sign is changed.
B.
Professional. Nameplate signs not more than two square feet in area which are fastened directly to the building, not to protrude greater than three inches from the building or structure as provided under § 445-8.
C.
Real estate. Signs not to extend outside of the property
line, detached or freestanding wherever possible, which advertise
the sale, rental or lease of the premises upon which said signs are
located, to be removed when the purpose for placement has been accomplished,
and further limited, without special exception permit, as follows:
D.
Signs within buildings. Any sign placed in such a
manner as to be viewed or intended for view from the inside of a building
may be erected without a permit.
E.
Identification. Limited to name of owner, name of
business, business address and hours of operation; shall not exceed
two square feet and shall be placed on or adjacent to a customer entrance.
F.
Directional and informational. Erected for safety
and informational purposes, not for advertising purposes, including
but not limited to "No Trespassing," "No Solicitation," "Private Property"
or similar signs, not to exceed two square feet.
G.
Contractor signs. Not more than 32 square feet in
area naming the contractors engaged in construction on the property
where the sign is located.
H.
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 or when constructed of bronze
or other noncombustible material.
I.
Governmental. Governmental, legal notices, traffic,
danger, emergency and trespassing signs.
A.
The Design Review Board, upon application as required
herein, may grant a special exception to the provisions of this chapter
as it relates to the number, size, location and type of signs that
any organization or business establishment may erect, affix or display,
provided that the Board considers:
(1)
Purpose of signing proposed.
(2)
Type of signing proposed.
(3)
Type of signing materials to be used.
(4)
Type of construction to be employed.
(5)
Appearance of proposed sign.
(6)
Location of building or structure in a particular
zoning district in which the business is situated where signing is
proposed.
(7)
Size of proposed sign in relation to area facing of
the building or structure in which the business of the applicant is
located.
(8)
Effect that proposed signing will have on the appearance
and character of the applicant's property, adjacent and neighboring
property, and area in general.
(9)
Effect that proposed signing will have on the property
values of the applicant's property, adjacent and neighboring property,
and area in general.
(10)
The legislative intent.
(11)
Such other matters that the Board deems relevant
and material.
B.
Prior to granting a special exception and based on the criteria set forth in Subsection A hereof, the Board shall find that the appearance, nature and type of signing proposed are not so at variance with the appearance and character of other signing in the area, nor so at variance with the appearance and character of the building or structure on which it is to be located, with the adjacent or neighboring properties, or with the properties in the general area, so as to adversely affect or cause a depreciation of property values, but, on the contrary, said proposed signing would serve a public or desirable or useful purpose and would maintain or improve the general appearance and character of the building or structure where located, the adjacent or neighboring properties, and the general area where erected or displayed.
C.
Application for a special exception permit may be obtained from the Planning and Zoning Administrator or Building Inspector. Nonprofit organizations shall be exempt from the payment of said fee. The procedures established under § 225-12 for hearing matters referred to the Design Review Board shall govern herein.[1]
A.
Enforcement by municipal citation. In addition to
all other powers granted to the Planning and Zoning Administrator,
Building Inspector or their designee to enforce the provisions of
this chapter, the Planning and Zoning Administrator, Building Inspector
or their designee is authorized pursuant to § 800.02, Wis.
Stats., to issue municipal citations for violations of any of the
provisions of this chapter.
B.
Appeals. Subject to other provisions of this chapter,
any person aggrieved by an administrative ruling, judgment or decision
may appeal for a hearing before the Board of Appeals within 10 days
after the issuance of such ruling, judgment or decision. A nonrefundable
appeal fee as provided by the Village Fee Schedule shall accompany
each and every appeal brought hereunder. The Village Clerk shall give
notice of a hearing to the appellant, to be held within 30 days after
service of the notice on the appellant, said service to be served
either personally or by certified mail addressed to the appellant's
last known address. All other interested parties may be given written
notice of said hearing by regular mail. Upon conclusion of the hearing
held by the Board of Appeals, the Board shall make a ruling. The written
decision of the Board shall be mailed to the appellant by the Village
Clerk within 10 days of said decision. Any determination by the Board
of Appeals may be appealed to the Circuit Court of Milwaukee County
as provided by law.
C.
Violations and penalties.
(1)
Any person, firm, partnership, limited liability company
or corporation found guilty of violating any of the provisions of
this chapter shall be subject to a forfeiture in a sum not less than
$25 nor more than $2,000 and the costs of prosecution and in default
of the payment thereof shall be imprisoned in the county jail or house
of correction of Milwaukee County for a period not to exceed 90 days.
Every day such violation continues shall constitute a separate offense.
