[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 7-19-2005 by Ord. No. 2005-014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 135.
[1]
Editor's Note: This ordinance also repealed
former Ch. 79, Signs, which consisted of Art. I, Political Yard Signs,
adopted 2-3-2003 by Ord. No. 2003-005.
To regulate the size, type, construction standards, maintenance and placement of signs situated within the boundaries of the Town of Ledgeview, Wisconsin and to promote the public health, safety, welfare and comfort of the general public, §§ 79-1 to 79-20 of the Town of Ledgeview Code of Ordinances are hereby enacted and shall be known as the "Town of Ledgeview Sign Code" (the "Sign Code"). This Sign Code accomplishes its purposes by:
A.
Reducing distractions and obstructions from signs
that would adversely affect traffic safety, and alleviating hazards
caused by signs projecting over or encroaching upon the public right-of-way.
B.
Discouraging excessive visual competition in signage
and ensuring that signs aid orientation and adequately identify uses
and activities to the public.
C.
Preserving or enhancing the natural beauty and unique
physical characteristics of the Town of Ledgeview by requiring new
and replacement signage which is harmonious with the buildings to
which signs relate, surrounding neighborhood aesthetics and other
signs in the area and is complementary to the Town's suburban architectural
character and unobtrusive commercial developments.
D.
Promoting a healthy and properly designed business
environment.
E.
Protecting property values within the Town.
F.
Ensuring safe construction of signage.
Except as otherwise noted herein, the regulations
of this chapter shall govern all outdoor signs, advertising structures
or devices with respect to location, safety, size, construction standards,
erection, attachment, support, lighting, anchorage, maintenance, appearance
and aesthetics.
As used in this chapter, the following terms
shall have the meanings indicated:
Any sign which contains information which is no longer correct,
fails to advertise a bona fide business, lessor, lessee, owner, product,
service or activity, conduct or product available or when a rental,
sale or compensation is no longer provided
A sign or other commemoration or recognition of a person,
group, sponsorship, event, or place which is noncommercial in nature.
[Added 7-22-2014 by Ord. No. 2014-014]
Any sign that uses movement or change of lighting or lights,
either natural or artificial, to depict action or motion, or to create
a special effect or scene, or to convey a message. It does not include
a changeable copy sign or a sign which contains a "time and temperature"
portion as its only changeable part.
Automated teller machine
A sign intended to be hung either with or without a frame,
and that possesses characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind, but shall not be
interpreted to include a canopy sign. National flags, state or municipal
flags, or the official flag of any institution or business shall not
be considered a banner.
The edge of the established ultimate street right-of-way
or property line.
A stationary or revolving light that flashes or projects
illumination, single-color or multicolored, in any manner that is
intended to attract or divert attention. Such signs are prohibited.
A sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located. A billboard is also referred to as a "commercial outdoor advertising sign" or an "off-premises sign." This type of sign is regulated as an off-premises sign in Chapter 79.
[Added 7-6-2015 by Ord.
No. 2015-006]
Any sign indicating the name of a building, date, and incidental
information about construction, or any such information, which sign
is cut into a masonry surface or is mounted on other permanent material.
Any sign erected by a charitable, educational or religious
institution or a public body, upon the same property as said institution,
for purposes of announcing events which are held on the premises,
and which contains no commercial message.
Any sign that is attached to or part of an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
A sign or portion thereof, with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the only copy that changes is
an electronic or mechanical indication of time or temperature shall
be considered a “time and temperature” portion of a sign
and not a changeable copy sign for purposes of this chapter. An electronic
message board shall also not be considered a changeable sign.
[Amended 1-18-2011 by Ord. No. 2011-002]
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, sale or sales event or other commercial activity.
This definition shall not be interpreted to exclude signs erected
by any nonprofit or eleemosynary group or institution otherwise possessing
all the characteristics of commercial advertising solely because the
group does not seek commercial profit.
A sign identifying individuals or companies involved in design,
construction, wrecking, financing, or development of a building/lot
upon which the sign sits and/or identifying the future use of the
building/lot upon which the sign sits.
A sign, generally informational or directional, that has
a purpose secondary to the use of the premises on which it is located,
such as "no parking," "entrance," "exit only," "loading only," "telephone,"
"ATM," and other similar messages. No sign with a commercial message
legible from a position off premises on which the sign is located
or where the display area does not exceed three square feet or extend
higher than three feet above the center line of the adjacent street
grade shall be considered an incidental sign.
The surface made available on the sign, either for the direct
mounting of letters and decorations, or for the mounting of facing
material intended to carry the entire advertising message.
A sign with copy on two parallel faces that are back to back,
facing in opposite directions.
A device used to hold mail, packages or items for charitable
contributions.
A sign on which copy is displayed electronically by way of
light-emitting diodes or technology producing a similar visual effect
and on which copy can change without altering the face of the sign.
[Added 1-18-2011 by Ord. No. 2011-002]
To build, construct, attach, hang, place, suspend, or affix
any thing, including painting of a wall sign.
The front or main face of the building.
The surface of the sign or billboard upon, against, or through
which the message of the sign or billboard is displayed.
Any fabric, banner or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
A sign whose illumination is not kept constant in intensity
at all times when in use and/or which exhibits changes in light, color,
direction, animation and word/text changes. Such signs are prohibited.
Illuminated signs that indicate the date, time and temperature will
not be considered flashing signs.
A private sale of personal property, including estate sales,
yard sales or rummage sales used to dispose of personal household
possessions; not for the use of any commercial venture.
Any sign erected by the Town of Ledgeview or any other governmental
entity in the exercise of official government business and authority.
A sign on which the bottom edge of the display area has open
space between the bottom edge of the display area and the natural
grade. The sign is freestanding and not attached to any structure,
not to exceed eight feet in height from natural grade.
A sign in which an artificial source of light is used in
connection with the display of such sign.
Illumination of a sign with an exterior light source.
Illumination of a sign in which the source of light is contained
within the sign itself.
Any parcel of land or a portion of a subdivision, the boundaries
of which have been established by some legal instrument which is of
public record, that is recognized as a separate unit for the purpose
of a recordable transfer of ownership.
Any roof that has an angle greater than 45° and which
derives part of its support from the building wall and is attached
to (but permitted to be not necessarily a part of) a low-slope roof,
and which extends along the full length of the front building wall
or at least three quarters of the length of a side building wall.
For purposes of this chapter, a "low-slope roof" shall mean any roof
with a pitch of less than three inches' rise per 12 inches' horizontal.
A permanent roof-like structure attached to and supported
by the building and projecting over public property. For the purpose
of this chapter, a marquee shall be considered part of the building.
A sign attached to, painted on, or supported by a marquee.
A sign, plaque, brick, or building marker which may be etched
into a metal, wood, glass, or masonry surface or made of similar materials
which serves as a remembrance of a person, event, or place.
[Amended 7-22-2014 by Ord. No. 2014-014]
A sign which serves as a common or collective identification
for a group of persons or businesses operating on the same zone lot
(e.g., shopping center, office complex, etc.). Such sign may name
the persons or businesses included, but not limited, and shall carry
no other advertising matter.
A sign illuminated by a light source consisting of a neon
or other gas tube that forms letters, symbols, lines or other shapes.
A sign that does not conform to the terms of this chapter.
[Amended 4-17-2007 by Ord. No. 2007-009]
Any sign that advertises, calls attention to or identifies
an occupant, business or property situated on a different lot than
the sign.
Any sign that advertises, calls attention to or identifies
an occupant, business or property situated on the same lot as the
sign.
An outdoor sign, associated with restaurants with drive-through
windows, which gives a detailed list of food or services that are
available at a restaurant, car wash, etc.
A low wall above the roof used as a rated fire wall.
Shall mean the same as "zoning lot" as defined in § 135-8 of this Code.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any natural person, and any firm, partnership, association,
corporation, company, or organization, singular or plural, of any
kind or nature.
Any sign not permanently attached to the ground or any permanent
structure, or a sign designed to be transported, including but not
limited to: signs designed with wheels; signs converted to A- or T-frames;
menu and sandwich boards; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of way, unless said vehicle is used in the normal day—to-day
operations of business.
The building in which is conducted the principal use of the
zone lot on which it is located. Zone lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages, and other clearly accessory uses shall not be considered
principal buildings.
A sign affixed or attached directly to the external wall
of a building or structure any part of which, including illumination
devices, extends more than 13 inches from the exterior wall of the
building or structure. This definition shall be interpreted to include
canopy signs.
Any event that is authorized by the Town of Ledgeview, regardless
of whether it is funded either in whole, in part, or not at all, by
the Town.
A sign placed upon property for the purpose of advertising
to the public the sale, lease or rent of said property.
A sign that projects above the lowest point of the eaves
or the top of the parapet wall of any building, or that is painted
on or fastened to a roof.
An advertising device which is ordinarily in the shape of
an "A" or some variation thereof, located on the ground, easily movable,
not permanently attached thereto, and which is usually two-sided.
The regulated minimum horizontal distance between the base
setback line and any structure on the lot.
Two or more retail stores and/or service establishments,
or one retail store and one service establishment, sharing customer
parking areas, regardless of whether said stores and/or establishments
occupy separate structures or are under separate ownerships.
Any display of lettering, logos, colors, lights, or illuminated
neon tubes visible to the public from outside of a building or from
a traveled way, that either conveys a message to the public, or intends
to advertise, direct, invite, announce or draw attention to any event,
goods, products, services, facilities, persons, property interest
or business.
A sign indicating the name of the occupant of the property,
building, or leasable space. An identification sign does not list
particular goods or services available and does not include changeable
copy signs or electronic message centers.
[Added 6-5-2017 by Ord.
No. 2017-04]
A sign, generally informational, that has a purpose secondary
to the use of the zoning lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No commercial message is allowed on an incidental sign except to the
extent that a business name or logo is necessary for informational
purposes.
[Added 6-5-2017 by Ord.
No. 2017-04]
The main sign identifying the owner or business (see "sign,
identification") located on a building wall with the main entrance.
[Added 6-5-2017 by Ord.
No. 2017-04]
An identification sign subordinate to the primary sign in
size and appearance. The secondary sign may not be located on the
wall or facade with the primary identification sign.
[Added 6-5-2017 by Ord.
No. 2017-04]
Illumination which comes from lamps, lenses or devices designed
to focus or concentrate the light rays of the source.
The distance for which a lot line of a zone lot adjoins a
public street, from one line intersecting said street to the furthest
distance lot line intersecting the same street.
Includes, but is not limited to, any part of a premises,
either man-made or natural, or permanent or temporary, regardless
of its height, shape, size or use.
A sign erected for a period of 30 consecutive days or less.
An established line of sight that does not obstruct or impair
the line of sight for motorized or nonmotorized vehicles traveling
in an established right-of-way. (See Figure 1 included at the end
of this chapter.)
A sign affixed or attached directly to the exterior wall
of a building and extending 13 or less inches from the exterior wall
of a building or structure. See "Sign, primary identification wall,"
and "sign, secondary identification wall."
[Amended 6-5-2017 by Ord.
No. 2017-04]
A sign attached to, placed upon, or painted on the interior
of a window or door of a building that is intended for viewing from
the exterior of such building.
[Amended 12-4-2017 by Ord. No. 2017-14]
A.
Authority.
Except as expressly provided in this Sign Code, it shall be unlawful
for any person to erect, repair, alter or relocate any sign without
first obtaining a sign permit.
B.
Application
for sign approval. Sign approval applications, including all required
fees, shall be filed with the Town Clerk or their designee, who shall
review the application for its completeness and accuracy. Applications
shall contain or have attached thereto the following information:
(1)
Name, address, and telephone number of the applicant and the location
of the building, structure, or parcel to which or upon which the sign
is to be attached or erected.
(2)
Name of person, firm, corporation, or association erecting the sign.
(3)
Written consent of the owner of the building, structure, or parcel
to which or upon which the sign is to be affixed.
(4)
A scale drawing of such sign indicating the dimensions, materials
to be used, color scheme, type of illumination, if any, and the method
of construction or attachment.
(5)
A scale drawing site plan indicating the location, position and color
scheme of such sign in relation to nearby buildings or structures.
The site plan must illustrate all easements and public right-of-way.
(6)
A landscaping plan illustrating the proposed plantings of freestanding
ground signs and directional signs.
(7)
Copies of any other sign permit or permit application required for
said sign.
(8)
Additional information as may be required by the Town.
C.
Issuance
of permit.
(1)
Upon the filing of a complete application for a sign permit, the
Town Clerk and Building Inspector shall examine the application to
determine whether the proposed sign is in compliance with the requirements
of this ordinance and any other applicable regulations of the Town
of Ledgeview.
(2)
Within 15 days of filing the application:
(a)
If the proposed sign is not in compliance with the structural and dimensional requirements of this Sign Code or other applicable regulations, the Building Inspector shall deny such permit and provide written notice to the applicant stating with specificity the reasons therefor with citations to applicable regulations and an explanation of the appeal process set forth under § 79-4E and § 79-18A.
(b)
If the proposed sign is a temporary sign, and the Building Inspector
determines that the sign complies with this Sign Code and other applicable
regulations, the Building Inspector shall issue the permit.
(3)
The Town Clerk, Building Inspector or their designee shall consider
the application and shall make approve, conditionally approve or deny
the application within 30 days of referral from the Building Inspector
unless the applicant consents to a longer period of review.
D.
Issuance of permit. If the proposed sign complies with all structural
and dimensional requirements of the Sign Code and other applicable
regulations, upon approval of the Town or satisfaction of all conditions
of approval, the Building Inspector shall issue the permit. The permit
shall expire six months from the date of issuance if construction
of the sign is not substantially complete.
E.
Appeals of Town staff decision.
(1)
Referral to Zoning and Planning Commission. The Zoning and Planning
Commission shall consider the application and shall make a recommendation
to the Town Board to approve, conditionally approve or deny the application
within 30 days of referral from the Building Inspector unless the
applicant consents to a longer period of review.
(2)
Decision of the Town Board. The Town Board shall consider the application
and the recommendations of the Site Review/Zoning and Planning Commission
and shall approve, conditionally approve or deny the application within
30 days of the Commission's recommendation unless the applicant consents
to a longer period of review. If the application is conditionally
approved or denied, written notice shall be provided to the applicant
of the conditions of approval or reasons for denial within five days
of the Town Board's determination.
Administrative fees for sign permit review shall
be in accordance with the Town of Ledgeview's established fee schedule.
Sign area shall be the area within the smallest
regular polygon that will encompass all elements of the actual sign
face, including any writing, representation, emblems or any figure
or similar character, together with any material forming an integral
part of the display or forming the backing surface or background on
which the message or symbols are displayed.
A.
For a sign painted on or applied to a building, the
area shall be considered to include all lettering, wording and accompanying
design or symbols, together with any background of a different color
than the natural color, or finish material of the building.
B.
The main supporting sign structure (i.e., brackets,
posts, foundation, etc.) shall not be included in the area measurement
if such framework is incidental to the display.
C.
When a sign has two or more faces, the area of all
faces shall be included in determining the area of the sign.
The following types of signs are prohibited
in the Town of Ledgeview:
A.
Abandoned signs.
B.
Roof signs.
C.
Signs placed on or affixed to vehicles and/or trailers
that are parked on a public right-of-way, public property, or private
property so as to be visible from a public right-of-way where the
apparent purpose is to advertise a product or direct people to a business
or activity. This subsection shall not be interpreted to prohibit
signs placed on or affixed to vehicles and trailers while the vehicle
is parked or used incidentally to the primary use of the vehicle or
trailer and are stored during periods of nonuse inconsistent with
functional advertising.
D.
Signs that are attached or otherwise affixed to trees
or other living vegetation.
E.
Signs that contain objectively false or misleading
information.
F.
Signs that imitate, interfere with, obstruct the view
of, or can be confused with any authorized traffic control sign, signal,
or other device.
G.
Animated signs.
H.
Flashing signs.
I.
Signs containing reflective elements, which sparkle
or twinkle in the sunlight.
J.
Sandwich boards.
K.
Banners, pennants, streamers, balloons and other gas-filled figures, except as a permitted temporary sign under § 79-15.
M.
Home (occupation) commercial signs.
O.
Portable signs except as a permitted temporary sign under § 79-15 or as otherwise expressly allowed under this ordinance.
P.
Signs attached to, erected or maintained on any standpipe,
exterior stairway, fire escape, tower, or balcony so as to interfere
with the use thereof.
Q.
Signs erected at or near the intersection of any streets
in such manner as to obstruct free and clear vision thereof; or at
any location where, by reason of the position, shape or color, they
may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device; or which make use of the
words "STOP," "LOOK, "DANGER" or any other word, phrase, symbol, or
character in such manner as to interfere with, mislead, or confuse
traffic.
R.
Signs erected, constructed or maintained so as to
obstruct any exit, any window opening necessary for required light
or ventilation, or which prevents free passage from one part of a
roof to another.
S.
Signs entirely supported by a parapet wall.
T.
Signs, cards, banners, pictures, handbills, sign posters,
advertising, or notice of any kind, on any curb, street-walk, public
thoroughfare surface, fence, board, barrel, box, case, railing, pole,
post, bridge, tree, barricade, material, bridge fender, dock, pile,
building or structure of any kind on public ground or public waterways
within the Town of Ledgeview except as approved by the Town Board.
U.
Neon tubing exposed to view and not covered with an
opaque cover of plexiglas or other similar material.
V.
It shall be unlawful for any person to continue in
operation, erect or maintain any attraction device or sign which contains
a beacon of any type.
The following outdoor signs, advertising structures
or devices shall not require a permit under this ordinance. However,
they shall be safely constructed and shall comply with all minimum
setback requirements imposed by this ordinance:
A.
Memorials, grave markers, statuary or other remembrances
of persons or events, names of buildings and date of erection, when
cut into any masonry surface or when constructed of bronze or other
nonreflective, unobtrusive and incombustible materials.
B.
Government signs.
C.
Signs in agricultural districts on parcels of land
containing not less than 10 acres. No more than one sign, not to exceed
15 square feet in area, may qualify for this exemption per parcel.
D.
Garage sale signs; provided that no person shall attach
posters, notices or advertisements to utility poles, meter posts,
or trees in or along any street right-of-way within the Town; and
that no person shall put up any notice upon any building, wall, fence,
or other property of another person without having first obtained
the written consent of the owner of such property. The maximum time
limit for all garage sale signs is three consecutive days and nine
cumulative days in a one-year period. Such signs shall not exceed
12 square feet in area.
E.
Temporary, nonilluminated window signs where 75% of
the total window area remains free of signage.
F.
Real estate signs.
(1)
Number. There shall not be more than one real estate
sign for each lot, except that where a lot abuts two or more streets
one real estate sign may be allowed for each abutting street frontage.
(2)
Area.
(a)
In R-R, R-1, R-1-2A and R-2 Residential Districts,
temporary "for sale" or "for rent" real estate signs shall not exceed
12 square feet in gross surface area.
(b)
In R-3 Multiple-Family Residential, A-1,A-2 Agriculture,
and I-I, B-1, B-2, LI, and HI Business and Industrial Districts, temporary
"for sale" real estate signs shall not exceed 25 square feet in gross
surface area and temporary "for lease" or "for rent" real estate signs
shall not exceed 10 square feet in gross surface area unless land
is undeveloped, in which case such sign shall not exceed 25 square
feet in gross surface area.
(c)
"Sold" signs or stickers may be added so long as they
do not exceed 25% of the original sign area.
(3)
Location. Real estate signs shall be set a minimum
of 10 feet from any abutting side or rear property line or driveway.
Additionally, signs shall be set back 10 feet out of the right-of-way,
or out of the vision corner intersection. Additionally, signs shall
be set back at least the height of the sign plus two feet, out of
the right-of-way and out of the vision corner intersection.
(4)
Removal. Real estate signs shall be removed within
seven days of the sale or lease of the premises upon which the sign
is located.
(5)
Height. Real estate signs shall not project higher
than six feet, as measured from the natural grade at the base of the
sign
G.
Construction signs.
(1)
Number. There shall not be more than one construction
sign for each project or development, except that where a project
or development abuts two or more streets, one sign may be allowed
for each abutting street frontage.
(2)
Area.
(a)
Residential area. In all residential areas, construction
signs shall not exceed 16 square feet on one side or 32 square feet
in gross surface area using two sides.
(b)
Nonresidential areas. In all nonresidential areas,
construction signs shall not exceed 32 square feet on one side or
64 square feet in gross surface area using two sides.
(3)
Location. Construction signs shall be located only
upon the premises upon which construction either is about to occur
or is occurring. Such signs shall be set back a minimum of 10 feet
from any abutting property line, road right-of-way or driveway. Such
signs shall be set back a minimum of 10 feet from any abutting property
line or driveway and at least the height of the sign plus two feet
from the road right-of-way and out of vision corner intersection.
(4)
Height. Construction signs shall not project higher
than six feet, as measured from the natural grade at the base of the
sign.
(5)
Other conditions.
(a)
Temporary construction signs shall be permitted only
as accessory to an approved building permit and the names of the contractors,
engineers, architects, and financial institutions involved in the
project development
(b)
Construction signs may be erected and maintained for
a period not to exceed 30 days prior to the commencement of construction
and shall be removed within 30 days of the termination of construction
of the project or development.
(c)
The address of the construction site shall be on the
construction sign.
H.
Election and campaign signs. An election or campaign
sign is a sign which promotes a candidate for public office, a particular
position on a referendum or other matter on an election ballet. Election
and campaign signs are subject to the following restrictions:
(1)
Area. In residential areas, election and campaign
signs shall be no larger than 11 square feet. Election and campaign
signs may be 32 square feet in a nonresidential area or as large as
any other permitted sign in the zoning district in which they are
located
(2)
Location. Political signs may be no closer than 10
feet to the public right-of-way at a street intersection, nor over
the right-of-way.
(3)
Erection and removal.
(a)
The candidate for public office or a position on a
referendum or other matter on an election ballot wishing to place
a political sign under this permit exemption with their name or position
on it within the Town limits must in fact be, or have their position
or matter eligible to be, on the ballot in the Town of Ledgeview.
(b)
The first day to place election or campaign yard signs
within the Town limits is the first day that candidates are eligible
to circulate nomination papers.
(c)
All political yard signs must be removed within five
days following the election.
I.
Noncommercial signs: one sign per parcel carrying any lawful noncommercial message not exceeding 11 square feet in area, except in agricultural areas where they may be up to 15 square feet. Larger noncommercial signs shall be allowed according to permit standards set forth in § 79-13 and will count toward the total signage area for the parcel upon which they are located
J.
Noncommercial flags. Noncommercial flags may be flown
upon a single flagpole as follows:
(1)
For all nonresidential uses:
|
Flagpole Height
(feet)
|
Flag Size
(feet)
|
Flagpole Height
(feet)
|
Flag Size
(feet)
| |
|---|---|---|---|---|
|
20
|
4 x 6
|
50
|
8 x 12 to 10 x 15
| |
|
25
|
5 x 8
|
60 to 65
|
10 x 15 to 10 x 19
| |
|
30 to 35
|
6 x 10
|
70 to 80
|
10 x 19 to 12 x 18
| |
|
40 to 45
|
6 x 10 to 8 x 12
|
90 to 100
|
20 x 38 to 30 x 50
|
(2)
For all residential uses, no flagpole may be greater
than 25 feet high or carry a flag greater than four feet by six feet.
A flagpole 20 feet or shorter shall not carry a flag larger than three
feet by five feet.
K.
Personal messages: a sign announcing births, anniversaries,
birthdays, retirement, graduations and other similar events of personal
significance not exceeding a total of 20 square feet in area and displayed
not longer than seven consecutive days.
L.
No trespassing/no dumping signs: signs erected to
give notice of prohibitions on trespassing or dumping not exceeding
1 1/2 square feet in area.
M.
Home improvement signs. On-site home improvement signs
may be placed in the yard where and when said improvements are being
made. No sign shall be placed on any tree or rock. Home improvement
signs shall be freestanding ground signs not exceeding six square
feet, nonilluminated and may be placed during construction, but must
be removed no later than 14 calendar days after construction is completed.
N.
Acknowledgment signs.
[Added 7-22-2014 by Ord. No. 2014-014]
(1)
Acknowledgment signs shall be located on parcels zoned C-1 Conservation
District, publically owned parkland or preserve, or land owned by
not-for-profit businesses.
(2)
Area. The size of acknowledgment signs shall be determined by the
Park, Recreation and Forestry Committee and Zoning and Planning Commission
on a case-by-case basis.
(3)
Location. Acknowledgment signs may be permanently embedded into a
wall, structure, or the ground, freestanding, or affixed to ground
signs, subject to review and approval by the Park, Recreation and
Forestry Committee and Zoning and Planning Commission.
(4)
Number. The number of signs allowed shall be determined by the Park,
Recreation and Forestry Committee and Zoning and Planning Commission.
A.
In addition to complying with the provisions of this
ordinance, all signs in which electrical wiring and connections are
to be used shall be subject to applicable provisions of the State
of Wisconsin Code or National Electrical Code, whichever provision
is more restrictive.
B.
The use of unshielded lighting, including exposed
incandescent light bulbs hung or strung on poles, wires or any other
type of support intended to illuminate a sign or other advertising
device, is expressly prohibited.
C.
No sign shall be illuminated, either internally or
externally, between the hours of 11:00 p.m. and sunrise unless the
premises on which it is located is open for business during that time.
D.
All sign lighting shall be so designed, located, shielded
or hooded so as to prevent the casting of glare or direct light upon
adjacent roadways, surrounding properties or into the sky, except
for flag lights.
E.
In no case shall the lighting intensity of any sign,
whether resulting from internal or external illumination, exceed 60
footcandles when measured with a standard light meter held perpendicular
to the sign face at a distance of 10 inches.
F.
No illuminated
sign located within 200 feet of a residential district may be illuminated
between the hours of 9:00 p.m. to sunrise.
[Added 1-18-2011 by Ord. No. 2011-002]
A.
In the case of any pole or ground sign for which a
permit is required, a landscape area shall extend a minimum of five
feet from the base of the sign.
B.
Where any sign is proposed to be externally illuminated
using ground-mounted fixtures (i.e., floodlight), landscape plantings
shall be installed in such a manner as will entirely shield the light
source from the surrounding view. Landscaping plantings shall be of
a type as will ensure effective year-long screening
A.
Location in paved areas. No signage may cause a reduction
in required or previously existing off-street parking spaces, or in
any manner interfere with the use of such off- street parking spaces.
B.
In any zoning district, no sign or sign support structure
shall be set back less than 10 feet from any abutting lot line or
driveway, and shall be at least the height of the sign plus two feet,
but not less than five feet, from the right-of-way and out of the
vision corner intersection.
C.
Placement of all signs may be subject to more stringent
setback requirements where, according to professional traffic engineering
standards, required to preserve traffic sight lines.
D.
No nonresidential sign shall be located closer than
50 feet to an abutting residential zone
All sign contractors and/or installers are to
file with the Town of Ledgeview a non-interest bearing deposit or
a surety bond of $1,000.
B.
Signs allowed in R-1 Residential, R-1-2A and R-2 Residential
Districts.
(1)
Subdivision/neighborhood identification signs. A permanent
sign used to designate a residential subdivision entrance shall be
permitted subject to Site Review/Zoning and Planning Committee and
Town Board approval and the following criteria:
(a)
Type. Subdivision identification signs shall
be ground or monument signs.
(b)
Number. There shall not be more than two subdivision
identification signs for each point of vehicular access to the subdivision.
(c)
Area. Subdivision identification signs shall
not exceed 32 square feet in area per sign.
(d)
Location. Subdivision identification signs shall
not be located closer than 10 feet to any property line, right-of-way
or driveway.
(e)
Placement of sign shall be subject to the vision
setback regulations as put forth in the Code of the Town of Ledgeview.
(f)
Height. Subdivision identification signs shall
not exceed six feet as measured from pre-construction grade at the
base of the sign.
(2)
Signs accessory to conditional uses.
(a)
Limited to one ground sign and one wall sign
per parcel. No more than 33% of the total sign area may consist of
changeable copy.
(b)
Total sign area permitted for signs accessory
to conditional uses shall be determined by the length of the front
facade of the principal building. When the parcel fronts two or more
streets, the front facade shall be the side of the building where
the main entrance is located.
|
Length of Facade
|
Maximum Size
(square feet)
| |
|---|---|---|
|
15 feet or less
|
40
| |
|
20 feet or less
|
44
| |
|
25 feet or less
|
48
| |
|
30 feet or less
|
52
| |
|
35 feet or less
|
56
| |
|
40 feet or less
|
60
| |
|
45 feet or less
|
64
| |
|
50 feet or less
|
68
| |
|
55 feet or less
|
72
| |
|
60 feet or less
|
76
| |
|
65 feet or less
|
80
| |
|
70 feet or less
|
84
| |
|
75 feet or less
|
88
| |
|
80 feet or less
|
92
| |
|
85 feet or less
|
96
| |
|
90 feet or less
|
100
| |
|
95 feet or less
|
104
| |
|
100 feet or less
|
108
| |
|
105 feet or less
|
112
| |
|
110 feet or less
|
116
| |
|
115 feet or less
|
120
| |
|
120 feet or less
|
124
| |
|
125 feet or less
|
128
| |
|
150 feet or less
|
148
| |
|
175 feet or less
|
168
| |
|
200 feet or less
|
188
| |
|
225 feet or more
|
200
|
C.
Signs allowed in B-1 Business District, B-2 Business
District, LI Light Industrial District, HI Heavy Industrial District
and R-3 Multiple-Family dwelling zones.
[Amended 6-20-2006 by Ord. No. 2006-010; 12-19-2006 by Ord. No. 2006-016; 1-18-2011 by Ord. No. 2011-002; 1-19-2016 by Ord No. 2015-014; 2-15-2016 by Ord. No. 2016-001; 6-5-2017 by Ord. No.
2017-04]
(1)
Type.
(b)
Ground signs. No ground sign shall exceed 200 square feet, and
the ground sign shall contain the address number.
(c)
Awning, canopy and marquee signs.
(d)
Multiple-tenant identification signs. Where multiple tenants occupy a single parcel, total signage area allowed shall be determined according to Subsection C(3) below and shall be divided among the tenants.
(e)
Window signs. Temporary, nonilluminated window signs covering
less than 25% of the window area shall be allowed. Business decals
not exceeding 50% of the display area shall be allowed.
(f)
Changeable copy signs. No more than 33% of total sign area may
consist of changeable copy.
(g)
Drop boxes, ATMs, vending machines and newspaper dispensers.
If the lettering from any drop box, ATM, vending machine, newspaper
dispenser or similar device is legible by a person of ordinary eyesight
from any distance off the zoning lot for which it is approved, the
signage thereon shall count toward total signage area allowed on the
zoned lot.
(h)
Outdoor menu boards. Outdoor menu boards are only allowed on
lots that have previously been approved for drive-through-type businesses,
such as restaurants and car washes under the following conditions:
[1]
Only one outdoor menu board shall be permitted per order window
or wash bay on a lot.
[2]
Display surface area shall not exceed 40 square feet.
[3]
If the sign is lighted, it may be lighted by internal illumination
only and only during business hours.
[4]
The outdoor menu board lettering may not be legible from any
distance off the zoned lot for which it is approved.
(i)
Off-premises signs, including billboards. Off-premises signs
and billboards shall not be located within 200 feet of a residential
district nor located closer than 1,000 feet from any other billboard
or off-premises sign. The size and height of such signs shall not
be subject to the standards applicable to other signage but may be
limited by the Town Board after consideration of the following:
[1]
Industry standards;
[2]
The number of lanes and speed limit of the adjacent road or
roads;
[3]
The size of other signs, parcels and buildings in the vicinity
of the proposed sign;
[4]
The proximity of the proposed sign to other structures, uses
or potential uses and the impact the proposed sign may have on sunlight
and viewsheds;
[5]
The impact of the proposed sign on the area viewsheds.
(2)
Number.
(a)
Ground signs. There shall not be more than one ground sign for
each parcel.
(b)
Wall signs. One primary identification sign for the facade with
the main entrance shall be permitted. For sites with frontage on multiple
public roadways or where the main entrance is not visible from the
public roadway, one secondary identification sign shall be permitted.
(3)
Size/area.
(a)
Total sign area of all wall signs shall be determined by the length of the front facade of the principal building. When the parcel fronts two or more streets, the front facade shall be the side of the building where the main entrance is located. For parcels abutting Interstate 43, the regulations outlined in § 79-13F shall apply.
(b)
Secondary identification wall signs, where allowed, shall be
limited in area (SF) to 60% of the area (SF) of the primary identification
sign.
|
Length of Facade
|
Maximum Size of All Signs
(square feet)
|
|---|---|
|
15 feet or less
|
40
|
|
20 feet or less
|
44
|
|
25 feet or less
|
48
|
|
30 feet or less
|
52
|
|
35 feet or less
|
56
|
|
40 feet or less
|
60
|
|
45 feet or less
|
64
|
|
50 feet or less
|
68
|
|
55 feet or less
|
72
|
|
60 feet or less
|
76
|
|
65 feet or less
|
80
|
|
70 feet or less
|
84
|
|
75 feet or less
|
88
|
|
80 feet or less
|
92
|
|
85 feet or less
|
96
|
|
90 feet or less
|
100
|
|
95 feet or less
|
104
|
|
100 feet or less
|
108
|
|
105 feet or less
|
112
|
|
110 feet or less
|
116
|
|
115 feet or less
|
120
|
|
120 feet or less
|
124
|
|
125 feet or less
|
128
|
|
150 feet or less
|
148
|
|
175 feet or less
|
168
|
|
200 feet or less
|
188
|
|
225 feet or more
|
200
|
(4)
Location. A ground sign may not be located closer than 10 feet to
any property line or driveway and at least the height of the sign
plus two feet, but not less than five feet, to any right-of-way and
out of the vision corner intersection.
(5)
Height. A wall sign shall not project higher than the parapet line
of the wall to which the sign is to be affixed. A Wall sign shall
not exceed 20 feet in height from the base of the building wall to
which the sign is affixed. A ground sign shall not project higher
than eight feet, as measured from the natural grade at the base of
the sign. A canopy or marquee sign shall not project higher than the
top of the awning, canopy or marquee to which such sign is to be attached.
D.
I-1 Institutional District.
[Amended 1-18-2011 by Ord. No. 2011-002; 10-6-2014 by Ord. No. 2014-019]
(1)
Type.
(a)
Wall signs.
(b)
Ground sign and shall contain the address number.
(c)
Off-premises signs, including billboards. Off-premises signs
and billboards shall not be located within 200 feet of a residential
district nor located closer than 1,000 feet from any other billboard
or off-premises sign. The size and height of such signs shall not
be subject to the standards applicable to other signage but may be
limited by the Town Board after consideration of the following:
[1]
Industry standards;
[2]
The number of lanes and speed limit of the adjacent road or
roads;
[3]
The size of other signs, parcels and buildings in the vicinity
of the proposed sign;
[4]
The proximity of the proposed sign to other structures, uses
or potential uses and the impact the proposed sign may have on sunlight
and viewsheds;
[5]
The impact of the proposed sign on the area viewsheds.
(2)
Number.
(a)
Wall signs. One wall sign is permitted per building façade
facing a public street. For multiple-tenant buildings, one wall sign
per tenant is permitted per building façade facing a public
street.
(b)
Ground signs. There shall be no more than one ground sign for
each street on which the lot has frontage, except one additional ground
sign per lot frontage may be allowed for any lot frontage over 1,000
linear feet. Additional ground signs for wayfinding purposes may be
permitted by the Zoning and Planning Commission and Town Board when
the size of the lot, number of vehicular or pedestrian entrances,
and layout of the buildings require additional signs in order to promote
traffic and pedestrian safety.
(3)
Area. Total sign area shall be determined by the length of the front facade of the principal building. When the parcel fronts two or more streets, the front facade shall be the side of the building where the main entrance is located. For parcels abutting Interstate 43, the regulations outlined in § 79-13F shall apply.
[Amended 1-19-2016 by Ord. No. 2015-014]
|
Length of Façade
|
Maximum Size
(square feet)
| |
|---|---|---|
|
15 feet or less
|
40
| |
|
20 feet or less
|
44
| |
|
25 feet or less
|
48
| |
|
30 feet or less
|
52
| |
|
35 feet or less
|
56
| |
|
40 feet or less
|
60
| |
|
45 feet or less
|
64
| |
|
50 feet or less
|
68
| |
|
55 feet or less
|
72
| |
|
60 feet or less
|
76
| |
|
65 feet or less
|
80
| |
|
70 feet or less
|
84
| |
|
75 feet or less
|
88
| |
|
80 feet or less
|
92
| |
|
85 feet or less
|
96
| |
|
90 feet or less
|
100
| |
|
95 feet or less
|
104
| |
|
100 feet or less
|
108
| |
|
105 feet or less
|
112
| |
|
110 feet or less
|
116
| |
|
115 feet or less
|
120
| |
|
120 feet or less
|
124
| |
|
125 feet or less
|
128
| |
|
150 feet or less
|
148
| |
|
175 feet or less
|
168
| |
|
200 feet or less
|
188
| |
|
225 feet or more
|
200
|
(4)
Location.
(a)
Wall sign. A wall sign may be located on the outermost wall
of any principal building but shall not project more than 13 inches
from the wall to which the sign is to be affixed.
(b)
Ground sign. A ground sign shall not be located closer than
10 feet to any property line or driveway and at least the height of
the sign plus two feet, but not less than five feet, to any right-of-way
and out of the vision corner intersection. A ground sign larger than
20 square feet shall be located no closer than 100 feet to another
ground sign or the furthest distance possible from another ground
sign, whichever distance is further.
(5)
Height.
(a)
Wall sign. A wall sign shall not project higher than the parapet
line of the wall to which the sign is to be affixed. The top of the
wall sign shall not exceed 20 feet in height from the base of the
building wall to which the sign is affixed.
(b)
Ground sign. A ground sign shall not project higher than eight
feet, as measured from natural grade at the base of the sign.
E.
Planned development districts. Type, number, total sign area, location and height of signage in any planned development district shall be established according to an approved signage plan reviewed in conjunction with the approval of the planned development district. The signage plan for development within the PDD-BP District shall at a minimum meet the requirements of § 79-13C. Said signage plan shall not constitute part of the applicable zoning, but shall be enforced as part of this sign code. Amendments to the signage plan shall require approval by the Town Board upon written request submitted to the Town Clerk, including a detailed description of the requested amendments and payment of the fee prescribed in the Town of Ledgeview fee schedule.[1]
[Added 6-20-2006 by Ord. No. 2006-010; amended 12-19-2006 by Ord. No. 2006-016]
[1]
Editor's Note: The fee schedule is on file
in the Town offices.
F.
Signs applicable to properties abutting Interstate 43.
[Added 1-19-2016 by Ord.
No. 2015-014]
(2)
On-premises freestanding signs facing interstate 43 are allowed subject
to the following standards:
(b)
Number. One freestanding sign shall be permitted for identification of a business park, retail center, business, or education facility that has a minimum of 500 feet of continuous frontage abutting the Interstate 43 right-of-way in addition to other signs as allowed for the property by Chapter 79.
(c)
Size. A freestanding sign shall not exceed 100 square feet per
sign face and 200 total square feet.
(e)
Appearance. The sign structure shall have architectural interest
consistent with the materials and characteristics of the site's buildings
and designed proportionate to the building as well as to the surrounding
context of the site. The sign structure may have more than two sides;
however, the sign face shall only be displayed on two sides of the
structure.
(f)
Base. The base for a freestanding sign shall be constructed
of materials similar to the principal structure. The base shall have
a minimum width of 50% of the sign itself.
(g)
Display of tenants. The face of the freestanding sign is limited
to displaying a maximum of two tenant/business names located on the
property.
(h)
Landscaping standards. For signs located along Interstate 43,
the following landscaping standards shall apply. A landscape area
shall extend a minimum of 10 feet from the base of the sign. This
area shall be planted with a variety of appropriate plants, shrubs,
and ground cover. A landscape plan shall be provided to the Zoning
& Planning Commission for review and approval.
(3)
On-premises wall signs facing Interstate 43 are allowed subject to
the following standards:
(a)
Number. One wall sign per tenant with a minimum of 150 feet of linear facade facing Interstate 43 is permitted in addition to other signs as allowed for the property by Chapter 79.
(c)
Size. The size of wall signage facing Interstate 43 shall comply with the regulations outlined in § 79-13C(3).
(d)
Appearance.
[1]
All wall signs shall be individual channel letters or similar.
[2]
All wall signs as part of one development site shall have a
consistent backing or structural support frame, if one is proposed,
or affixing mechanism.
[3]
All wall signs shall have architectural interest and colors
consistent with the materials and characteristics of the buildings
on the site.
[Amended 4-17-2007 by Ord. No. 2007-009]
A.
Existing signs, lawfully erected as of July 19, 2005,
which have a become nonconforming by adoption of this chapter shall
not be reconstructed, remodeled, relocated or changed in size or content
unless such action will make the sign conforming in all respects with
this ordinance.
B.
A nonconforming sign or sign structure, lawfully erected
as of July 19, 2005, that is destroyed or damaged may be restored
after the owner has shown that the damage did not exceed 50% of the
appraised value of the sign. If such sign structure is destroyed or
damaged to an extent exceeding 50% of the appraised sign value, it
shall be removed and shall not be reconstructed or replaced unless
such action makes the sign and sign structure conforming in all respects,
to the Sign Code. If restoration of a damaged sign is not completed
within six months of the date damage occurred, such sign shall be
removed or replaced in a manner as will conform with all specifications
of this chapter. Replacement signs may require Site Review/Zoning
and Planning Committee or Town Board approval.
C.
A nonconforming sign or sign structure, lawfully erected
as of July 19, 2005, shall be removed within 30 days of the date the
building containing the use to which the sign is accessory is demolished
or destroyed to the extent exceeding 50% of the building's appraised
value.
D.
At any such time as the owner of any building or lot,
on which a nonconforming sign(s) is/are located, lawfully erected
as of July 19, 2005, requests Site Review/Zoning and Planning Committee
or Town Board approval for any changes to the use, building or lot,
the Site Review/Zoning and Planning Committee or Town Board may require
that such nonconforming sign(s) be removed or made to conform with
this chapter as a condition of building or site approval.
[Amended 5-17-2022 by Ord. No. 2022-10]
No person, firm, or corporation shall erect
or display any form of temporary commercial sign without first obtaining
a sign permit from the Town Zoning Administrator or designee.
A.
Application for a temporary commercial sign shall
be made on a form provided by the Town Zoning Administrator or designee
and shall be accompanied by a permit fee.
B.
The term of a temporary sign permit shall not exceed
30 consecutive days from the date of issuance and must be wholly within
any one calendar year, at the end of which term such permit shall
expire and any sign or advertising device allowed by said permit shall
be removed.
C.
No person, firm, or corporation shall erect or display
more than one temporary advertising device or temporary sign in any
one calendar year.
D.
Each face of a temporary sign shall not exceed 30
square feet in area, and the total area of such device or sign shall
not exceed 60 square feet. The maximum height of a freestanding sign
is restricted to seven feet.
E.
The failure to remove a sign or advertising device
upon expiration of the sign permit shall be a violation of this chapter,
and each day of violation thereafter shall be considered a separate
offense.
F.
Any such sign or device shall not contain more than
two faces, each of which shall be on a different side of the sign
or device.
G.
No sign or device may be placed in the vision corner.
H.
Banners shall not be displayed for more than 14 consecutive
days. However, banners may be authorized for use up to three times
per year, and up to two banners may be displayed at one time.
I.
Each temporary sign shall be appropriately secured
and constructed consistent with public safety.
A.
Architectural/engineering design.
(1)
Ground signs. These signs shall be architecturally
integrated with the principal building in the following manner:
(a)
The base of the sign shall be constructed with
permanent building materials that are complementary in color to the
building.
(b)
The color scheme of the sign and sign frame
shall be complementary to the building and surrounding area.
(c)
Architectural features (e.g., sills, piers,
reveals, capstone, medallions, etc.) that are part of the architectural
style of the principal building shall be incorporated into the sign.
(d)
The sign face shall be constructed with an opaque
surface to allow internal light to only project through the cut-out
lettering and/or logos.
(2)
Electronic
message boards. In addition to all other applicable regulations, electronic
message boards shall be constructed as follows:
[Added 1-18-2011 by Ord. No. 2011-002; amended 10-6-2014 by Ord. No. 2014-019]
(a)
The electronic message board shall be part of a ground sign
and shall not exceed 32 square feet on each side with a maximum of
two sign faces. Signs of this nature shall be included when calculating
the allowable square footage.
(b)
Electronic message boards are permitted to contain individual
letters and graphics only. Individual graphics may display the illusion
of motion such as snowflakes falling, clouds moving or flags waving;
however, full or multiple-object animation such as video is prohibited.
(c)
Any individual letters, graphic scrolling or otherwise displayed
on an electronic message board shall remain illuminated and visible
for a minimum of four seconds. Any message that remains visible for
less than four seconds shall be considered to be flashing and is prohibited.
(d)
A minimum two seconds of blank screen between images shall be
required.
(e)
The message area of an electronic message board sign may be
illuminated by incandescent lamps, LED (light-emitting diodes) or
magnetic discs. Bare-bulb fluorescent, running, blinking, flashing
or other bare-bulb signs are prohibited.
(f)
Regardless of the light source used to illuminate the sign,
the light shall not be unduly bright. For the purpose of enforcing
this provision, undue brightness will be construed to mean illumination
in excess of the following intensity levels:
(g)
To ensure illumination will not be unduly bright, the sign shall
have an automatic phased proportional dimmer which shall be used to
reduce nighttime brightness levels compared to daytime brightness
levels. Further, prior to the issuance of a permit for an electronic
message board sign, the applicant shall provide written certification
from the sign manufacturer that the light intensity has been factory
preset not to exceed the levels specified herein and the intensity
level is protected from the end user manipulation by password-protected
software or other method.
(h)
All electronic message boards may also be subjected to additional
state, county or federal regulations when located near a roadway.
The applicant is solely responsible for obtaining all other required
permits.
(i)
All electronic message boards shall be stationary between the
hours of 11:00 p.m. and 6:00 a.m.
(j)
No electronic message boards shall be located within 150 feet
of a residential district.
(3)
Projecting
signs. In addition to all other applicable regulations, projecting
signs shall be constructed consistent with the following:
[Added 1-18-2011 by Ord. No. 2011-002]
(a)
No projecting sign shall extend more than 60 inches from the
structure.
(b)
No projecting sign shall have more than two faces, each not
to exceed 40 square feet.
(c)
No projecting sign shall be lower than 10 feet above an area
used by pedestrians.
(d)
All projecting signs shall be installed and constructed so as
to be rigid.
(e)
All projecting signs shall have a four-inch open space from
said building in order to avoid the accumulation of combustible substances.
(f)
No projecting sign shall block ingress or egress from any structure
through openings which might be used for such purpose, including windows,
fire escapes, roof access.
(g)
No projecting sign shall be located within five feet of a right-of-way,
public street or vision corner.
B.
Structure design.
(1)
Wind pressure. All signs shall be constructed, erected
and maintained to safely withstand wind pressure as specified by the
Wisconsin State Statutes and applicable Administrative Code.
(2)
The design, construction and erection of all signs
shall be by a competent professional in the sign design and construction
industry.
(3)
Wall signs attached to exterior building walls shall
be anchored or attached in such a manner as will ensure stability
and safety.
A.
The owner of any sign as defined and regulated by
this ordinance shall be required to properly maintain the appearance
and safety of all parts and supports of their sign.
B.
In event that the sign owner does not provide sign
maintenance within 60 days after written notification from the Town,
the Zoning Administrator shall take enforcement action as provided
by this Sign Code.
[Amended 5-17-2022 by Ord. No. 2022-10]
A.
Appeals.
(1)
The Site Review/Zoning and Planning Committee shall
review all appeals and forward all comments and concerns to the Board
of Appeals, which shall hear all appeals by any person aggrieved by
any actions or decisions of the Building Inspector or other Town officer
or employee charged with implementing the provisions of this Ordinance
where it is alleged an error has been made in any factual determination
or application of any provision of this Ordinance or any applicable
state or federal law. For purposes of this section, an aggrieved person
is an applicant for a sign permit, a holder of a sign permit or any
person who is alleged to have violated any provision of this ordinance
(2)
A written request for an appeal, including the name
and address of the appellant and a brief statement of the nature of
the appeal, shall be filed with the Town Clerk within 10 days of receiving
written notice of the decision being appealed. The Board of Appeals
shall hold a hearing on said appeal within 30 days of filing the appeal,
and written notice of the hearing shall be mailed to the address given
by the appellant
(3)
The Board of Appeals shall issue and mail to the appellant
a written decision within 10 working days of the hearing. Appeals
of the Board of Appeals shall be by certiorari review to the Brown
County Circuit Court or as otherwise provided by law.
B.
Variances. The Site Review/Zoning and Planning Committee
may, in its judgment, authorize such variance from the terms of this
Ordinance as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provisions of
the Ordinance will result in unnecessary hardship, so that the spirit
of the Ordinance shall be observed, public safety and welfare secured,
and substantial justice done.
A.
Penalty. Any person, firm, company or corporation
who or which violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this
chapter shall be subject to a forfeiture of not less than $10 nor
more than $500 for each offense, together with costs, fees and assessments
authorized by law. Default of the payment may result in imprisonment.
Each day that a violation exists shall constitute a separate violation
and be punishable as such.
[Amended 4-2-2007 by Ord. No. 2007-008]
B.
Declared nuisances. Any sign or similar advertising
structure erected, structurally altered, painted, moved or maintained
in violation of the provisions of this chapter is hereby declared
to be a nuisance per se, by the Town Board, and the Town may apply
to any court of competent jurisdiction to restrain or abate such nuisance.
C.
Removal of certain signs.
(1)
Any sign now or hereafter existing, having been issued
a permit, that no longer advertises a bona fide business or project,
or that is dilapidated, out of repair, unsafe, insecure, or has been
constructed, erected or maintained in violation of the provisions
of this ordinance shall be taken down and removed by the owner, agent,
or person having the beneficial use of the building or land upon which
such sign may be found. If, within 10 days after written notification
from the Town, the sign owner fails to comply with such notice, the
Town may remove such sign. Any expense incident thereto shall be paid
by the owner of the building or land to which such sign is attached.
In the event such cost and expenses are not paid within 30 days from
the date of billing, then the costs and expenses incurred for such
removal shall be assessed against the real estate upon which such
sign is located and collected pursuant to W.S.A. s. 66.0627
(2)
Any sign that is constructed without a sign permit
shall be removed unless a sign permit application is filed within
10 days' written notice to the owner by the Town. If a sign permit
application is not filed and the sign is not removed, or if the application
for a sign permit is denied and the sign is not removed within 10
days' written notice, the Town may remove such sign. Any expense incident
thereto shall be paid by the owner of the building or land to which
such sign is attached. In the event such cost and expenses are not
paid within 30 days from the date of billing, then the costs and expenses
incurred for such removal shall be assessed against the real estate
upon which such sign is located and collected pursuant to W.S.A. s.
66.0627.
(3)
The Building Inspector may cause any sign or other
advertising structure that he/she determines to be an immediate peril
to persons or property to be removed summarily and without notice.
Any expense incident thereto shall be paid by the owner of the building
or land to which such sign is attached. In the event such cost and
expenses are not paid within 30 days from the date of billing, then
the costs and expenses incurred for such removal shall be assessed
against the real estate upon which such sign is located and collected
pursuant to W.S.A. s. 66.0627.
D.
Revocation of permits. The Building Inspector may, in writing, suspend or revoke a permit issued under provisions of this Sign Code whenever the permit is issued on the basis of a misstatement of fact or fraud. The written revocation shall describe the appeal process set forth under § 79-18A. The Building Inspector shall send the revocation by certified mail, return receipt requested, to the sign owner
E.
Election of remedies. The Town may elect to enforce
this ordinance under any or all enforcement actions authorized by
this section.
[Amended 6-20-2006 by Ord. No. 2006-010[1]]
If any section, clause, provision, or portion
of this chapter is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this chapter shall not
be affected thereby. If an application of this chapter to a particular
sign or structure is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other sign or structure not specifically included in said judgment.
[1]
Editor's Note: This ordinance also provided
for the repeal of former § 79-21, Planned development districts,
and § 79-22, Special signs, which sections immediately followed
this section.
