The purpose of this article is to regulate the
use of outdoor signs, flags, festoons and lights; to provide for signs
and related devices which are functional, attractive and safe and
which satisfy the reasonable needs of owners and users of real property
and of the public; to maintain and enhance the aesthetic environment
of the Village; to protect property values; to promote vehicular and
pedestrian safety; and to clarify the rights and duties of owners
and users of nonconforming signs.
The definitions set out below shall apply to this article and shall control with respect to signs, flags, festoons and lights, in the event of any inconsistency between such definitions and the definitions set out in Article XXI of this chapter. The following definitions are not necessarily intended to be mutually exclusive, e.g., because signs in this chapter are classified both by function and by physical characteristics.
A sign that is accessory to a particular principal use of the property on which the sign is located, as distinguished from a principal use sign, a principal structure sign or an off-site sign. (Note that pursuant to § 420-78T of this chapter, nonconforming accessory signs are not nonconforming uses; that the right to continue an accessory sign after it becomes nonconforming does not necessarily run with the land; and that the nonconformity must be cured when such a sign becomes obsolete, or when such a sign is destroyed or damaged to the extent of more than 50% of the cost of its replacement, or when the cumulative cost of structural alterations, modifications or repairs exceeds 50% of the cost of its replacement.)
The total area of commercial advertising signs that is permitted to exist on a property used for any business, manufacturing, institutional, recreational or agricultural purpose or use, exclusive of primary monument signs (or related sign area allowances), secondary monument signs, freeway signs (or related sign area allowances), other identification signs, drive-through customer information signs, on-site information signs, window signs (nonilluminated) or any temporary signs. (Note that pursuant to § 420-78V of this chapter, freestanding signs are not permitted for background commercial advertising sign purposes.)
A freestanding single-faced or two-faced back-to-back or
angled sign located in an agricultural zoning district that identifies
an agriculture-related business, other than farming, which is operated
on the property where the sign is located.
A freestanding single-faced or two-faced back-to-back or
angled sign or a wall sign which advertises the sale of agricultural
products on the property where the sign is located.
A freestanding or projecting two-faced sign whose faces are
connected at one end and form an angle of not more than 90°.
The owner or user of the property on which a sign is proposed to be located or modified who/which is seeking a sign permit or sign special exception permit. (Note that pursuant to § 420-62 of this chapter, the applicant may designate an agent to act for the applicant in connection with such application.)
Except as otherwise specifically provided below, the area
of a sign (or the area of a single face of a sign having more than
one face) is the area of the smallest horizontally and vertically
oriented rectangle that fully encloses the extreme limits of the message,
writing, emblem, logo, symbol or other graphic or pictorial representation
on the face of a sign and any background panel, surface or color which
forms the backdrop of the message or other graphic or pictorial representation
or which differentiates the message or other graphic or pictorial
representation from the structure on or against which the sign mounted,
placed or depicted, together with any related framing, but excluding
any differentiated sign base or other differentiated supporting structure
or apparatus of the sign other than such background panel, surface
or color and related framing.
The area of a single face of a three-dimensional
sign is the area of the smallest horizontally and vertically oriented
rectangle that fully encloses the one-dimensional outline of such
sign, produced at the same scale as the sign itself and from the perspective
from which the outer dimensions of such sign are most extensive, exclusive
of any differentiated sign base or other differentiated supporting
structure or apparatus. (Note that pursuant to the definition of "three-dimensional
sign" in this section, any three-dimensional primary monument sign
is deemed to have two sides.)
The area of a wall sign, canopy sign or roof
sign consisting only of words, letters, numerals, characters and/or
symbols, with no differentiated background panel, material or color
other than the surface of the wall, canopy or roof itself, is the
area of the smallest horizontally and vertically oriented rectangle
that fully encloses such words, letters, numerals, characters and/or
symbols, exclusive of decorative striping. [Each word, phrase, number,
character or symbol or each group of related words, letters, numerals,
characters and/or symbols that functions as an independent message
(but excluding the street address) shall be enclosed within a single
rectangle for this purpose.]
The area of a primary monument sign does not
include the street address appearing on the base of the sign but does
include the space between separate display areas.
The following are arterial streets or highways in the Village
of Pleasant Prairie: all state and county highways, Cooper Road (75th
Street/STH 50 to 93rd Street), Bain Station Road, 7th Avenue (corporate
limits to 91st Street), 52nd Avenue (corporate limits to 75th Street/STH
50), 85th Street (39th Avenue/CTH EZ to Green Bay Road/STH 31), 91st
Street (22nd Avenue to Sheridan Road/STH 32), 93rd Street (30th Avenue
to Green Bay Road/STH 31), 95th Street (Green Bay Road/STH 31 to 88th
Avenue/CTH H), 104th Avenue (75th Street/STH 50 to Wilmot Road/CTH
C), 116th Street (Sheridan Road/STH 32 to Green Bay Road/STH 31),
and 120th Avenue (I-94 frontage road, east and west).
A sign painted or mounted on an automobile.
A commercial advertising sign exclusive of the following types of signs: primary monument signs, secondary monument signs, freeway signs, other identification signs, drive-through customer information signs, on-site information signs, window signs (nonilluminated) or any temporary signs. (Note that pursuant to § 420-78V of this chapter, freestanding signs are not permitted for background commercial advertising sign purposes.)
A freestanding or projecting two-faced sign whose faces are
connected, parallel, oriented in opposite directions and not more
than four feet apart.
The solid, solid-appearing or enclosed foundation or supporting
structure of a freestanding sign, which is differentiated from the
display, and which appears to directly support at least 75% of the
horizontal dimension of the display of the sign. Although the base
of a sign is generally the lower portion of the sign, that is not
necessarily a defining characteristic of a sign base. (See Illustration
6 in Appendix A, incorporated herein by reference, which illustrates
a variety of acceptable sign bases.[1]) The base of a sign is to be distinguished from supporting
structural elements which are neither solid, solid appearing nor enclosed
(e.g., two posts) or which do not appear to directly support at least
75% of the horizontal dimension of the sign display (e.g., a single
post or pole).
A wall sign mounted near the main entrance of a principal
building, and under certain circumstances a freestanding sign located
in front of a principal building, which is comprised of the numerals
forming the numerical portion of the street address of the building.
The floor area of a principal building, based on the exterior
dimensions of the building and the number of floors (but in the event
of partial floors, counting only the area of such partial floors),
less the area of any floor or any partial floor which is in an area
of the building that is not fully enclosed, or is not heated, or is
used for parking.
The name or date of a building cut, molded or cast into any
masonry surface of the building or cut, molded or cast into a masonry
or metal plaque affixed flat against the wall of a building.
A changeable copy wall sign used to display information relating
to meetings and other activities of a public, charitable or religious
entity located or operating on the property where the sign is located.
A sign mounted or displayed on or otherwise incorporated into a canopy or awning and which does not extend beyond any horizontal or vertical edge of the canopy or awning or appear to do so from the perspective of the intended viewers. (Note that pursuant § 420-73H of this chapter, decorative striping on a canopy does not constitute a canopy sign.)
A sign whose message, or a portion thereof, can be manually
changed from time to time.
The vertical distance from the bottom of the display of a
projecting sign to the ground surface or pavement below, or to the
highest elevation of such ground surface or pavement if it is sloped
under the sign.
A temporary plastic or fabric wall sign advertising or announcing
a business or other entity that has made legally binding arrangements
to locate in the building where the sign is located within the next
90 days.
A sign which advertises, announces or draws attention to
any business or any other person, entity, place, event or activity
involved in the production of revenue (whether for profit or not for
profit) or which advertises, announces or draws attention to any products,
goods, services, activities, properties or other things for sale,
rent, trade or otherwise available in exchange for compensation or
other consideration. (Note that pursuant to the definitions of "aggregate
permitted background commercial advertising sign area" and "background
commercial advertising sign" in this section, not all commercial advertising
signs are counted toward the aggregate permitted background commercial
advertising sign area.)
A temporary fabric or plastic sign displayed within a public
street or highway right-of-way to advertise or announce a special
event that is open to the public and of interest to a substantial
portion of the community, but excluding commercial promotional events
at a merchant's place of business or at a shopping center or mall.
A temporary freestanding single-faced or two-faced back-to-back
sign identifying a contractor currently doing remodeling, roofing,
paving, painting or other similar work on the property where the sign
is located.
The total cost of a new sign, or the total cost of any alterations,
repairs or other modifications to an existing sign, including but
not limited to parts, materials and labor, and design, fabrication,
painting, purchase, installation, construction, wiring and lighting
and any related site work.
To remove the sign or otherwise eliminate the violation of
or nonconformity with this article pursuant to and in accordance with
a valid sign permit or sign special exception permit.
Under certain very limited circumstances, a freestanding
commercial advertising sign that is suspended or projected from a
decorative pole.
A sign that has become unsafe, unsightly or otherwise in need of maintenance or repairs. (Note that pursuant to § 420-78H and Q of this chapter, a dilapidated sign is subject to removal by the Village at the cost of the owner if not timely removed or otherwise cured following service of a notice of violation.)
The message, writing, emblem, logo, symbol or any other graphic
or pictorial representation on a sign, including any background panel,
surface or color which forms the backdrop of such message or other
graphic or pictorial representation or which differentiates the message
or other graphic or pictorial representation from the structure on
or against which it is mounted, placed or depicted, together with
any related framing, but excluding any differentiated sign base or
other differentiated supporting structure or other apparatus of the
sign, other than such background panel, surface or color and related
framing.
Measured horizontally from the vertical extension of the
closest part of such sign to the vertical extension of the closest
part of such boundary or object, excluding any building or other structure
or object on which the sign is mounted which exists independently
of the sign.
A sign providing information to drive-through customers who
are already on site, relating to specific products, goods or services
available on the property where the sign is located; such signs are
not directed to off-site passing motorists or pedestrians.
A temporary freestanding single-faced or two-faced back-to-back
or angled sign relating to a candidate, political party or proposition
involved in a scheduled election.
A sign whose message, or a portion thereof, changes frequently
by means of electronic devices.
A sign whose message, or a portion thereof, changes in a
scrolling fashion by means of electronic devices.
A sign that is not regulated by this article.
The side of a sign on which a message or other display appears. (Note that under § 420-78B of this chapter, a sign may have only one face unless otherwise expressly authorized by this article.) Any three-dimensional primary monument sign allowed by this chapter shall be deemed to have two faces for purposes of determining its area.
A freestanding single-faced or two-faced back-to-back or
angled sign that identifies a farming operation conducted on the property
where the sign is located.
A string of lights, tinsel, pennants, pinwheels or other
similar devices hanging between two points.
Any individual flag, banner, pennant, streamer or standard,
but excluding a community banner sign.
The pole or staff to which a flag is attached, provided that
the height or length of such pole or staff exceeds 10 feet.
A ground-mounted sign having its own dedicated base or support
system, as distinguished from a sign mounted on or displayed from
a building, structure or object existing independently of the sign.
A freestanding single-faced or two-faced back-to-back sign
or wall sign that advertises to vehicular traffic on or exiting from
the freeway (and to local traffic as well) the identity and presence
on the property where the sign is located of one or more individual
retail business uses or an aggregation of retail business uses in
a unified development, which at that location are largely dependent
for their customer base on freeway traffic, including gasoline filling
stations with or without convenience stores, restaurants, hotels,
and motels, and also including major shopping centers, shopping malls
or other major retail stores or outlets which, individually or collectively
as a unified development, exceed 100,000 square feet in building floor
area.
The length of a property measured along any abutting public
street or highway right-of-way line.
Height of a sign: the vertical distance from
the ground surface or pavement under the sign (or nearest to being
under the sign in a situation where some portion of a building or
structure is directly beneath the sign, or from the mean elevation
of the ground surface or pavement under the sign in a situation where
the grade changes) to the top or highest point of the sign. In a situation
where the sign is located on an artificially increased elevation relative
to the surrounding terrain (as on a berm), the difference between
such artificially increased elevation and the elevation of the ground
surface in the absence of such artificially increased elevation is
included in the height of the sign.
Height as applied to the portion of the sign
base located directly under the sign display: the vertical distance
from the ground surface or pavement under the sign (or from the mean
elevation of the ground surface or pavement under the sign in a situation
where the grade changes) to the top or highest point of that portion
of the base which is directly under the display of the sign.
A wall sign which identifies and provides basic information
about a home occupation operated on the property where the sign is
located pursuant to an approved home occupation permit, which may
include the name of the home occupation, the name of the person conducting
the home occupation, the street address, telephone number and/or hours
of operation of the home occupation.
The horizontal dimension of the smallest horizontally and
vertically oriented rectangle that fully encloses the display of a
sign.
Any primary monument sign, secondary monument sign, freestanding
freeway sign, nonresidential development identification sign, agricultural
business identification sign, agricultural products identification
sign, farm identification sign, multifamily residential development
identification sign, single-family/duplex development identification
sign or home occupation identification sign.
Any sign which is in violation of this article, including, without limitation, the following: any nonconforming sign that was initially installed or constructed other than in full compliance with all applicable requirements of this article or of the then-applicable requirements of any zoning ordinance or code, or other than in full compliance with any permit required for such sign; or any nonconforming sign that has been reinstalled, reconstructed, relocated, enlarged, extended, altered or otherwise modified (including any modification of the sign's message or other display) without a required permit, or other than in full compliance with all applicable requirements of this article or all applicable requirements of the then-applicable requirements of any zoning ordinance or code, or other than in full compliance with any permit required for such modification; or any nonconforming principal use, principal structure or off-site sign that has ceased to be a valid nonconforming use; or any obsolete sign or dilapidated sign existing as such for more than 30 days. (Note that pursuant to § 420-78H of this chapter, an illegal sign is subject to removal by the Village at the cost of the owner if not timely removed or otherwise cured following service of a notice of violation.)
Any nonfreestanding sign the area of which is one square
foot or less.
A violation of this article which continues for more than 30 days after the date of service of a notice of such violation by the Village. Each day that an intentional violation continues constitutes a separate intentional violation. (Note that pursuant to § 420-78G, the minimal forfeiture for each intentional violation is $250.)
Low-growing shrubs, ground cover, or perennial and/or annual
flowers that reasonably and attractively fill a worked bed of the
required dimensions around the base or other supporting structure
of a freestanding sign.
A wall sign memorializing a person or event.
A temporarily freestanding single-faced or two-faced back-to-back
sign which identifies an unoccupied dwelling as a demonstration unit
for purposes of selling or renting other similar dwelling units.
A freestanding single-faced or two-faced back-to-back or
angled sign located within a multifamily residential development which
identifies the development and which may optionally include the owner's
or manager's name, logo and telephone number.
A temporary freestanding single-faced or two-faced back-to-back
sign relating to an individual or family event or occurrence in a
residential neighborhood, such as a garage sale sign, a lemonade stand
sign, a welcome home sign, or a congratulatory sign.
A sign that does not conform to the current requirements of this article. Depending upon the circumstances, a nonconforming sign may be an illegal sign; or it may be a valid nonconforming use sign if it is a principal use sign, a principal structure sign or an off-site sign which is allowed to continue, subject to certain restrictions, so long as it continues to satisfy all of the tests for a valid nonconforming use; or it may be a valid nonconforming accessory sign which is allowed to continue, subject to certain restrictions, pursuant to § 420-78T of this chapter. (See definitions for "valid nonconforming use sign" and "valid nonconforming accessory sign.")
A freestanding single-faced or two-faced back-to-back or angled sign located within a nonresidential development which identifies the development and which may optionally include the developer's name and logo, and which does not advertise any individual businesses or other entities located within the development. [Note that pursuant to § 420-76R(2), only a nonresidential unified development encompassing a minimum of 100 acres, exclusive of public streets and highways, is eligible for such a sign.]
A sign which is regulated by this article but for which no
sign permit or sign special exception permit is required.
A nonfreestanding sign mounted on an object other than a
building or a structure.
A sign that advertises, announces or directs attention to a business, product, service, place, activity, event, person, entity, feature, object, destination, hazard, prohibition or restriction which is past or no longer existent, or which is no longer located or available on the property where the sign is located or at the location stated on the sign. (Note that pursuant to § 420-78P of this chapter, an obsolete sign is subject to removal by the Village at the cost of the owner if not timely removed or otherwise cured following service of a notice of violation.)
A sign installed or constructed by the Village, or some other
federal, state or local governmental authority or public utility,
to protect, preserve or foster the public health, safety, convenience
or welfare.
Any sign which advertises, announces, or directs attention
to a business, product, service, place, property, activity, event,
person or object not located, operating, manufactured, for sale, for
rent or otherwise available on the real property where the sign is
located, or which states or expresses a belief, idea, concept or position
unrelated to a business, person, product, service, place, activity,
event, or object located, living, operating, manufactured, for sale,
for rent or otherwise available on the property where the sign is
located (other than by virtue of the sign itself or a related lease
or license arrangement); a billboard or other sign for rent is an
off-site sign.
A freestanding single-faced or two-faced back-to-back or
angled sign (or when pedestrian-oriented, a solid-appearing freestanding
sign having three or four interconnected faces, the cross section
of which is a triangle or square, provided that the thickness of the
sign does not exceed four feet) or a wall or structure sign providing
information and/or direction to customers, employees, invitees, visitors
and/or vendors who are already on site, relating to matters such as
directions to on-site destinations, entrances and exits, parking areas
or safety regulations, but not relating to businesses, products, goods
or services that are available on site other than as destinations.
On-site information signs are mutually exclusive of commercial advertising
signs. The appearance of a small logo on on-site information signs,
associated with the owner, occupant or user of the property where
the signs are located, does not convert an on-site information sign
to a different type of sign, but an on-site information sign cannot
be directed to off-site passing motorists or pedestrians (except entrance
and exit signs).
A freestanding single-faced or two-faced back-to-back sign
or a wall or structure sign providing information to customers, employees,
invitees, visitors and/or vendors who are already on site, relating
to matters such as handicapped accessible parking signs, stop signs,
door numbering, dock door numbers, but not relating to businesses,
products, goods or services that are available on site. On-site information
signs are mutually exclusive of commercial advertising signs. The
appearance of a small logo on on-site information signs, associated
with the owner, occupant or user of the property where the signs are
located, does not convert an on-site official information sign to
a different type of sign, but an on-site official information sign
cannot be directed to off-site passing motorists or pedestrians. This
sign is not an on-site informational sign as defined by this ordinance.
[Added 7-20-2020 by Ord. No. 20-26]
Located outdoors or located within a building or structure
but having as its principal purpose to be visible from outside the
building or structure (e.g., an illuminated beer sign in the front
window of a tavern).
The rigid flat surface of a typical sign on which the display
appears and which often forms the background for the message or other
graphic or pictorial representation in the display.
Any individual, corporation, limited liability company, partnership,
limited liability partnership, joint venture, city, village, town,
county, state, trust, estate, agency, association or any other entity.
A temporary freestanding single-faced or two-faced back-to-back
sign stating beliefs, ideas, concepts or positions of or asserted
by the owner or user of the property where the sign is located, and
under certain circumstances a nonfreestanding sign of the same function
substituted for permitted background commercial advertising signs.
An unrestricted driveway used generally by customers, tenants,
employees, invitees, visitors and/or vendors to access a property
used for purposes other than single-family or two-family residential
or agricultural.
A freestanding single-faced or two-faced back-to-back or
angled sign situated on a solid or solid-appearing base, having one
or more display areas, which identifies all individual businesses
or other entities or uses located or operating on the property where
the sign is located or, alternatively, which identifies a unified
development located or operating on the property where the sign is
located (e.g., a shopping center or shopping mall), and which optionally
identifies one or more individual businesses or other entities located
or operating in the unified development (e.g., the names of the anchor
stores in a shopping mall).
A sign that is itself a principal use of and/or a principal
structure on the property on which it is located, as distinguished
from an accessory sign.
A privately installed single-faced freestanding, wall or
structure sign containing a cautionary message, such as a "beware
of dog" sign or a "no trespassing" sign.
A single-faced or two-faced back-to-back or angled sign that
is attached to an exterior wall of a building and extends more than
12 inches from the surface of such wall.
All of the real property (including all of the tax key parcels)
involved in the particular use(s) or the unified development to which
an accessory sign relates (or in a unified development, for certain
purposes, the area occupied by a particular business or other entity
to which an accessory sign relates), or the tax key parcel on which
a principal use sign, principal structure sign, or an off-site sign
is located. (See definition of "site", which is synonymous.)
A freestanding single-faced or two-faced back-to-back or
angled sign (or, when pedestrian-oriented, a solid-appearing freestanding
sign having three or four interconnected faces, the cross section
of which is a triangle or square) that identifies and optionally describes
the significance of a conservancy or preservation area, a parkway,
waterway, scenic way or ethnic, archaeological, or historical site
or trail, or other site or feature of public interest. A public interest
sign may incidentally identify the sponsor of the sign.
[Amended 7-20-2020 by Ord. No. 20-26]
A temporary freestanding single-faced or two-faced back-to-back
or angled sign that advertises the sale or lease of all or part of
the real property on which the sign is located and which is larger,
includes more information, and is subject to more stringent regulations
than a real estate sign.
A temporary freestanding single-faced or two-faced back-to-back
sign or wall sign that advertises the sale or lease of all or part
of the real property on which the sign is located and which may include
the name and telephone number of the person selling the property.
A sign mounted on or attached to the roof of a building. [Note that pursuant to § 420-76X(2), all parts of a roof sign must be within 12 inches of the surface of the roof, and no part of the sign may actually extend above or beyond any horizontal or vertical edge of the roof or appear to do so from the perspective of the intended viewers.]
A restricted driveway (e.g., designated for deliveries or
vendors only) which is used to access a property used for purposes
other than single-family residential, two-family residential or agricultural.
A freestanding single-faced or two-faced back-to-back or
angled sign situated on a solid or solid-appearing base, having one
or more display areas, which identifies all individual businesses
or other entities or uses located or operating on the property where
the sign is located or, alternatively, which identifies a unified
development located or operating on the property where the sign is
located (e.g., a shopping center or shopping mall) and which optionally
identifies one or more businesses or other entities located or operating
in the unified development (e.g., the names of the anchor stores in
a shopping mall) but which is smaller than a primary monument sign
and subject to somewhat different restrictions.
The required minimum distance from a sign to a property line,
public highway or street right-of-way line or other boundary line
or object with respect to which a setback distance is established
by this chapter, measured horizontally from the vertical extension
of the closest part of the sign (excluding any building or other structure
or object existing independently of the sign on which the sign is
mounted) to the vertical extension of the closest part of the boundary
or object from which the setback is established. (See the definition
of "distance" in this section.)
Any writing, inscription or other graphic or pictorial representation,
including, without limitation, words, letters, numerals, characters,
symbols, emblems, logos, trademarks, images, maps or diagrams which,
together with any background panel, surface or coloring that serves
as a backdrop for the message or other graphic or pictorial representation,
and any related framing, and any base or other supporting structure
or apparatus:
Is an independent structure or is attached to,
suspended from, painted on or otherwise represented or displayed on
or from a building, structure, utility pole, tree or other object;
Is either located outdoors or is located within
a building or structure but has as its principal purpose to be visible
from outside the building or structure; and
Advertises, announces or directs attention to
a business, product, service, place, activity, event, person, feature,
object, destination, idea, concept, position, hazard, prohibition
or restriction.
A permit issued by the Village Zoning Administrator which
is required to install, construct, reinstall, reconstruct, relocate,
move, enlarge, extend, alter or otherwise modify a sign or any part
of a sign (including, without limitation, changing the message or
other display of a sign), except as is specifically provided in such
permit or in applicable provisions of this article.
A permit, approved and issued by the Zoning Administrator,
which is required to install, construct, reinstall, reconstruct, relocate,
move, enlarge, extend, alter or otherwise modify (but not including
changing the message or other display on such a sign, which requires
only a sign permit) certain specified types of signs or certain signs
under certain specified conditions.
[Amended 2-2-2009 by Ord. No. 09-01]
A freestanding single-faced or two-faced back-to-back or
angled sign located within a single-family or two-family residential
development which identifies the residential development and which
may optionally include the developer's name and logo.
See the definition of "property," which is synonymous.
A temporary sign or device (e.g., a festoon) advertising,
announcing or calling attention to a festival, auction, bazaar, school
performance, fund-raising event, carnival, circus, antique show, grand
opening, going out of business sale, new management or other similar
special event.
A sign mounted or displayed on a structure, other than a
building wall, which exists independently of the sign.
A temporary plastic or fabric wall sign used to display the
name of a new occupant of a building pending installation of a nontemporary
wall or canopy sign.
A temporary freestanding single-faced or two-faced back-to-back
or angled sign used to identify, advertise and/or offer for sale or
lease a development project that has received final approval from
the Village and is under construction on the property where the sign
is located and which optionally identifies the owner, occupant, developer,
broker, architect, contractor, financial institution or other persons
or entities involved in the development.
The greatest horizontal dimension of a sign, excluding any
differentiated base below the level of the display, measured as perpendicular
as possible to the face of the sign or, as applied to an angled sign,
measured through the thickest side of the angle, without regard to
the other half of the "V," or, as applied to a three-dimensional primary
monument sign, measured through the thickest part of the sign from
the perspective from which the outer dimensions of the sign are most
extensive, exclusive of any differentiated base or other differentiated
supporting structure or apparatus.
A roundish sign without distinct faces or a sign with a thickness exceeding four feet. [Note that pursuant to § 420-76T(15) and V(5) only primary monument signs and public interest signs may be three dimensional.]
A development on one or more tax key parcels which was planned and developed in a coordinated fashion, which is operated or generally recognized as a collective whole, and which is unified by covenants running with the land, planned development zoning, physical layout (e.g., no side yard setbacks at tax key parcel boundaries), and/or single or unified ownership. (Note that pursuant to § 420-78K of this chapter, certain regulations under this chapter are, at the option of the owner of the property, applied either to the whole of the unified development or individually to its appropriate parts or units.)
An accessory sign which fully conformed to the applicable zoning requirements when it was installed or constructed but which has subsequently become nonconforming as a result of an amendment of this chapter. (Note that a valid nonconforming accessory sign is a type of nonconforming accessory structure, not a nonconforming use, which is allowed to continue subject to certain restrictions pursuant to § 420-78T of this chapter, including, without limitation, that the nonconformity must be timely cured whenever the sign becomes obsolete or illegal.)
A principal use sign, principal structure sign, or off-site
sign that fully conformed to the applicable zoning requirements when
it was installed or constructed but has subsequently become a nonconforming
use, which is allowed to continue, subject to certain restrictions,
so long as it continues to satisfy all of the tests for a valid nonconforming
use.
The vertical dimension of the smallest horizontally and vertically
oriented rectangle that fully encloses the display of a sign.
A sign mounted or displayed on an exterior building wall. (Note that, pursuant to § 420-76DD of this chapter, all parts of a wall sign must be within 12 inches of the surface of the wall, and no part of the sign may actually extend above or beyond any horizontal or vertical edge of the wall or appear to do so from the perspective of the intended viewers. Note also that, pursuant to § 420-73H of this chapter, decorative striping on a wall does not constitute a wall sign.)
A sign displayed within a window. (Note that different restrictions
apply to window signs depending upon whether they are illuminated
or nonilluminated.)
The Village Zoning Administrator and his or her designee(s).
[1]
Editor's Note: Appendix A is an attachment
to this chapter.
No person may install or construct a new sign,
or any part thereof, or use, allow to continue, maintain, repair,
reinstall, reconstruct, relocate, extend, enlarge, alter or otherwise
modify an existing sign or any part thereof (including, without limitation,
changing or blanking out the message or other display of an existing
sign), except in full compliance with the requirements of this article
and in full compliance with the terms and conditions of any required
sign permit or of any required sign special exception permit, and
in full compliance with the requirements of any applicable approvals,
decisions, orders, judgments or other requirements made, issued or
imposed pursuant to or in the enforcement of this chapter, and in
full compliance with the requirements of any other applicable Village,
county, state or federal statute, ordinance, code, regulation, permit,
approval, decision, order or judgment relating to land use, land division,
environmental protection or development control, and no person may
fail to install, construct, use, maintain, repair, modify, blank out
or remove a sign as required by this article or by any such sign permit
or sign special exception permit for a sign, or by any such other
applicable requirements.
No sign permit application or sign special exception
permit application may be deemed complete and no sign permit or sign
special exception permit may be issued until all of the applicable
preconditions set out below have first been satisfied. No sign permit
or sign special exception permit issued by mistake shall be valid
or effective until all such preconditions have been satisfied.
A.
A complete sign application, signed by the applicant (see the definition of "applicant" in § 420-59), together with all required information and documentation, has been filed with the Village Zoning Administrator;
B.
All applicable sign application fees imposed by or
pursuant to this chapter have been paid to the Village (and no sign
permit or special exception permit may be issued until all sign inspection
fees imposed by or pursuant to this chapter have been paid);
C.
All unpaid overdue forfeitures resulting from violations
of any Village ordinance or code owed by the applicant or the owner
of the property for which the sign or sign modification is proposed
have first been paid, pursuant to § 66.0115, Wis. Stats.,
unless the imposition of such unpaid forfeiture(s) is being appealed;
E.
All outstanding building or zoning violations on the
property on which the sign or sign modification is proposed, regarding
which the Village has issued a written notice of violation, have first
been cured, unless the notice of violation is being appealed; and
F.
The use of the property on which the sign or sign
modification is proposed is in conformance with the provisions of
this chapter.
Prior to filing a sign permit application or
a sign special exception application, an applicant shall first confer
with the Zoning Administrator regarding the contemplated sign(s) or
sign modifications and the applicable requirements of this article.
A.
Except as is otherwise specifically provided in this article (without limitation, see §§ 420-73 and 420-75), a complete sign permit application or sign special exception permit application shall be filed with the Zoning Administrator, on a form supplied by the Zoning Administrator, for any proposed new sign or any proposed alteration, repair or other modification of an existing sign, including, without limitation, any proposed modification of or blanking out of the message or other display of a sign. Without limitation, such form shall require the following information: the name, address, telephone number and fax number of the applicant (the owner, occupant or user of the property who/which is seeking the permit); the name, address, telephone number and fax number of any person who is authorized to act for the applicant in connection with the application; the name, address, telephone number and fax number of the owner of the property on which the sign will be located or modified, if the applicant is not the owner (fax numbers for the applicant, agent and owner are optional); the street address of the property; the tax key parcel number(s) of the property; whether the property is part of a unified development; a representation that the owner of the property has authorized the installation, construction or modification of the sign if the applicant is not the owner; the physical type and function of the sign; the zoning classification of the property; the amount of the application fee submitted with the application; the total cost of any new sign or of any sign modification; and, with respect to any modification of a nonconforming sign, the cumulative cost of all modifications since the sign became nonconforming or since the effective date of Ordinance No. 00-09 (February 28, 2000), whichever is later, and the total cost of replacement.
B.
Multiple sign permit applications, or multiple sign
special exception permit applications, relating to the same property
may be filed as a package to make efficient use of common supporting
materials or to more efficiently demonstrate that the signs are coordinated
for purposes of functionality and aesthetic appeal and that the design
and materials of such signs are complementary to the use(s) on the
property, to the design and materials of the buildings and structures
on the property and to the other signs on the property.
C.
A complete sign permit application or sign special
exception permit application shall include or attach the following
documents and information; provided, however, that the Zoning Administrator
is authorized to waive in writing, on the application or separately,
the submission of any information which is readily available to the
Village or which is otherwise not required to process the application:
(1)
A fully completed sign permit application form, provided by the Village and signed by the applicant. (See the definition of "applicant" in § 420-59.) If the individual signing the application form is not the owner or user of the property, or expressly an officer or partner of such owner or user of the property, the Zoning Administrator may (but has no duty to) require written evidence of the applicant's authority to act as agent of such owner or user.
(2)
Scaled drawings, diagrams or photographs showing the
display, base and/or other supporting structure or apparatus of the
proposed sign and the appearance, design, colors, materials and dimensions
of the sign, including the height and thickness of the sign, and the
horizontal and vertical dimensions of the sign display; and, in the
case of a freestanding sign, the height of the base under the sign
display, the horizontal and vertical dimensions of the base, and the
distance the base extends to either side of or above the display of
the sign; and, in the case of a projecting sign, the clearance of
the sign and the maximum distance it extends from the building wall
on or to which it is mounted or attached; and, in the case of a wall
sign, the maximum distance it extends from the surface of the wall
and its actual and apparent position relative to any edge of the wall
behind it; and, in the case of a roof sign, the maximum distance it
extends from the surface of the roof and its actual and apparent positioning
relative to any edge of the roof behind it.
(3)
A scaled site plan showing the location and orientation
of the face(s) of the proposed sign on the property and the distance
from the closest part of any freestanding sign to any existing or
proposed building or structure, property line, public highway or public
street right-of-way line, sidewalk, driveway, private roadway, parking
lot, overhead or underground wires, pipes, conduits or similar structures,
or floodplain and/or wetland boundary within 35 feet of such sign
(within 50 feet of a freestanding freeway sign), and the distance
of the closest part of such sign to the ordinary high-water mark of
any navigable water within 90 feet of such sign.
(4)
Detailed scaled plans and specifications for the installation
or construction of any proposed sign, including, without limitation,
the base and/or other supporting structure, apparatus or footings,
and for any connections to any independent structure, which explain
how the sign will satisfy all applicable safety standards.
(5)
Detailed scaled plans and specifications for any landscaping
or berming associated with any proposed sign, including, without limitation,
the specific location, type and dimensions of all proposed plantings
and other landscape elements.
(6)
Detailed scaled plans and specifications for any proposed
lighting for a sign which explain how prohibited glare on any neighboring
properties or on any public street or highway will be avoided.
(7)
Detailed scaled plans and specifications and operating
limitations for any electronic changing message sign or component
of a sign, or any electronic scrolling sign or component of a sign,
and a detailed and complete description and explanation of the proposed
limitations on the types of messages or information that will be displayed,
the proposed frequency and manner of change of the message (second
to second and day to day), and how and why such changes will not constitute
a prohibited hazardous distraction to motorists or a prohibited flashing
or pulsing light source.
(8)
Detailed plans and specifications and operating limitations
for any changeable copy sign or component of a sign and a detailed
and complete description and explanation of the proposed limitations
on the types of messages or information to be presented and the proposed
frequency and manner of change.
(9)
Written consent of the owner of the real property
upon which any proposed new sign is to be located, or upon which any
existing sign is proposed to be altered or modified, if the applicant
is not the owner or lessee of the property.
(10)
For a proposed sign modification, a copy of
the sign permit or sign special exception permit for the existing
sign and the supporting application and related documents and information,
together with all documents and information necessary to update, complete
and make currently accurate such prior application and supporting
documents and information and to fully describe, picture and explain
the proposed alteration or modification.
(11)
For a sign special exception permit application,
any information required by the Zoning Administrator to evaluate the
particular criteria for granting such a permit or other requirements
to make the necessary findings to grant such a permit.
[Amended 2-2-2009 by Ord. No. 09-01]
(12)
Documentation supporting the figures provided
with respect to the cost of the sign or sign modification and the
cost of replacement (if applicable).
(13)
Any other information requested by the Zoning
Administrator.
[Amended 2-2-2009 by Ord. No. 09-01]
(14)
Payment of the sign application fee provided
for in or by this chapter.
The Zoning Administrator is authorized to hold for completion or deny, in his or her discretion, any incomplete sign permit application or sign special exception permit application. With respect to any such application held for completion, the Zoning Administrator shall promptly notify the applicant in writing by first class mail or by fax what information is needed to complete the application and what if any preconditions must be satisfied pursuant to § 420-61 of this chapter. Any application not completed within 30 days after the filing the application shall be denied.
A.
As soon as practicable after a sign permit application is complete,
the Zoning Administrator shall approve or deny it. The Zoning Administrator,
or his/her designee, shall have authority to impose any conditions
reasonably based upon the requirements of this article. The Zoning
Administrator, or his/her designee, shall promptly notify the applicant
of the approval and any conditions of approval. If denied, the Zoning
Administrator shall notify the applicant in writing by first-class
mail, email or fax and state in such notice the reasons for any denial.
[Amended 7-6-2015 by Ord.
No. 15-21]
B.
As soon as practicable after a sign special exception
application is complete, the Zoning Administrator, or his/her designee,
shall approve or deny it and state in its decision the reasons for
any denial, any findings it is required to make to approve the application,
and any conditions of its approval. The Zoning Administrator shall
have authority to impose any conditions reasonably based upon the
requirements of this article and any conditions which it reasonably
determines are necessary for it to make any required findings. The
Zoning Administrator, or his/her designee, shall promptly notify the
applicant of the approval and any conditions of approval. If denied,
the Zoning Administrator shall notify the applicant in writing by
first-class mail, email or fax and state in such notice the reasons
for any denial.
[Amended 2-2-2009 by Ord. No. 09-01; 7-6-2015 by Ord. No. 15-21]
C.
Neither a sign permit nor a sign special exception
permit may be issued unless the proposed sign or proposed sign modification
fully complies with all applicable requirements of this article and
all applicable orders, decisions, permits or other approvals made
or issued pursuant to this chapter and with all other applicable Village,
county, state or federal statutes, ordinances, codes, regulations,
permits or orders relating to land use, land division, environmental
protection or development control.
D.
Among the conditions that shall be imposed on any
permit, to the extent applicable, are the following:
(1)
That the applicant has duly authorized the filing
of the application and all related information and that all information
contained in or submitted in connection with the application is true
and accurate;
(2)
That the permit and all terms and conditions thereof
must be reviewed and accepted by the applicant prior to commencement
of the installation, construction or modification of the sign and
that such commencement constitutes acceptance;
(3)
That commencement of installation, construction or
modification of the sign constitutes a waiver of any right to appeal
the decision or permit of the Zoning Administrator or any part thereof
to the Village Zoning Board of Appeals or to otherwise challenge such
decision or permit;
[Amended 2-2-2009 by Ord. No. 09-01]
(4)
That in the case of a freestanding sign, the applicant shall stake the location of the sign prior to commencement of the installation or construction of the sign, and any boundaries, buildings or objects for which sign setbacks have been established, which are within the standard thirty-five-foot area of concern [or the fifty-foot area of concern with respect to a freeway sign or the ninety-foot area of concern with respect to the ordinary high-water mark of any navigable water, pursuant to § 420-62C(3)] and shall request a Village inspection of such stakings;
(5)
That the applicant shall request a final inspection
of the sign by the Village within seven days of its completion to
avoid a violation; and
(6)
That the sign shall be installed, constructed or modified
only in full compliance with this article and the terms and conditions
of the permit and must be in accordance with the approved plans, specifications
and other information submitted with the application.
E.
If a sign permit is not issued within 30 days after
the date on which written notice of approval of the sign application
was mailed or faxed to the applicant or the applicant's agent, the
sign application approval shall automatically be void. No sign permit
shall be issued on the basis of a void sign application approval.
The applicant may reapply without prejudice.
[Amended 7-6-2015 by Ord.
No. 15-21]
A permit shall be issued only upon payment of
any sign inspection fees provided for in or by this chapter.
A sign permit or sign special exception permit
may specify that the message or other display of the sign may be changed
in specified ways, and with specified frequency, without having to
seek a new permit, but specific limitations shall be imposed on such
changes. Such provisions may be allowed only in situations where this
article specifically allows changeable copy signs, electronic changing
message signs or electronic scrolling signs. With respect to electronic
changing message signs, the permit shall state that a new message
shall not appear more frequently than once every three seconds, and
the sign shall not have the appearance of flashing or pulsing.
[Amended 2-2-2009 by Ord. No. 09-01]
It shall be the duty of the applicant to review
and duly authorize the filing of any sign permit application or sign
special exception permit application and any information submitted
with or in connection with any such application. Every sign permit
and sign special exception permit shall be conditioned upon the accuracy
of all such information. Any permit approved or issued on the basis
of materially inaccurate information may be suspended, revoked or
voided by the Zoning Administrator.
[Amended 2-2-2009 by Ord. No. 09-01]
It shall be the duty of the applicant to review
and accept the terms and conditions of any sign permit or sign special
exception permit before commencement of the installation, construction
or modification of any sign pursuant to such permit. Commencement
of installation, construction or modification of any sign pursuant
to a permit automatically constitutes acceptance of the permit and
waives any right to appeal or challenge the permit decision, the permit
or any condition thereof. Any permit not accepted prior to commencement
of installation, construction or modification may be suspended, revoked
or voided by the Zoning Administrator.
A.
The right to install, construct or modify a sign pursuant
to a sign permit or a sign special exception permit shall automatically
expire 12 months after the date of issuance of the permit. After such
right expires, or after the permit is revoked or voided, or while
it is suspended, no work requiring such a permit shall be commenced,
continued or resumed until after a new permit is issued or until after
the original permit has been reinstated. A suspension of the permit
tolls the remainder of such twelve-month period.
[Amended 7-6-2015 by Ord.
No. 15-21]
B.
The right to install, construct or modify a sign pursuant
to a sign permit or a sign special exception permit may be extended
in writing by the Zoning Administrator for up to 60 additional days
upon a showing of good cause by the applicant and the payment of any
permit extension fee imposed by or pursuant to this chapter, provided
that the applicant's rights under the permit have not expired or been
revoked or voided. New or amended sign regulations that have become
effective after the approval of the initial sign permit shall be applied
to any application for an extension, and an extension shall not be
granted unless the original application is amended to conform to such
new or amended sign regulations.
A sign permit or sign special exception permit
may be assigned to a new owner or user of the property, or to a successor
of the applicant, upon written consent of the Zoning Administrator,
provided that the rights pursuant to the permit have not expired or
been revoked or voided, that there are no uncured violations of the
permit or of this article associated with such sign, that no modification
of the permitted sign or the permit is required to prevent the sign
from becoming obsolete, and that the assignee or successor accepts
the permit and timely satisfies all conditions of the permit to the
reasonable satisfaction of the Zoning Administrator.
A.
Prior to installation or construction of any new freestanding sign that requires a sign permit or a sign special exception permit, the applicant shall stake the proposed sign or any modification that changes the location or dimensions of the sign and any boundaries, buildings or objects for which sign setbacks have been established which are within the thirty-five-foot area of concern (or the fifty-foot area of concern with respect to a freeway sign or the ninety-foot area of concern with respect to the ordinary high-water mark of any navigable water) pursuant to § 420-62C(3) of this chapter and shall request that a staking inspection be performed by the Village. The applicant shall modify the staking to comply with the results of such staking inspection prior to commencing installation, construction or modification of the sign, and the sign shall be installed or constructed in accordance with the approved staking.
B.
Within seven days of the completion of any sign that
requires a sign permit or a sign special exception permit, the applicant
shall request that the Village perform a final inspection to ensure
that the sign is in compliance with the permit and the applicable
provisions of this chapter. If necessary, the applicant shall promptly
modify the sign to comply with the permit and this article. A sign
for which such an inspection request has not been timely made or which
has not promptly been modified to comply fully with the permit and
this article is a violation of this chapter.
A.
In the event the Zoning Administrator determines,
prior to the completion of permitted sign work pursuant to a sign
permit or sign special exception permit, that the sign or related
work is not in accordance with the terms and conditions of such permit
or the requirements of this article, or that the information on the
basis of which the permit was approved or issued was untrue or inaccurate
in material respects, the Zoning Administrator may suspend such permit,
notify the applicant or the applicant's designated agent in writing
by first class mail or by fax of the reasons for the suspension and
issue a written stop-work order until the problem or defect is cured
to the reasonable satisfaction of the Zoning Administrator. In the
event the applicant refuses or fails to cure the problem or defect
within 30 days following such notice of suspension, and after conferring
with the applicant or the applicant's agent regarding such refusal
or failure, the Zoning Administrator may revoke a sign permit and
notify the applicant in writing by first class mail or by fax of the
reasons for the revocation and any related violations.
B.
In the event the Zoning Administrator determines,
after the completion of work done pursuant to any such permit, that
the sign or related work was not in accordance with the terms and
conditions of such permit or the requirements of this article, or
that the information on the basis of which the permit was approved
or issued was inaccurate in material respects, the Zoning Administrator
shall issue and cause to be served a notice of violation. If such
violations are not cured to the reasonable satisfaction of the Zoning
Administrator within 30 days following service of such notice of violation,
the Zoning Administrator may, in addition to all other remedies, void
the permit and promptly notify the owner and user of the property
where the sign is located in writing by first class mail or by fax
of the reasons for voiding the permit.
C.
A sign installed, constructed or modified pursuant
to a permit which has been revoked or voided is illegal and a violation
of this article.
Except as may be specifically prohibited by § 420-74, the following signs, flags, festoons and lights are exempt from this article:
A.
Indoor signs, flags, festoons and lights, unless their
primary function is to be visible from outdoors (e.g., an illuminated
beer sign in the front window of a tavern).
B.
Lights, unless used in conjunction with a sign or
used specifically for commercial advertising purposes.
C.
Holiday decorations reasonably proximate in time to
the holiday.
D.
Hand-held signs, flags, festoons and lights.
E.
Incidental signs (one square foot or less in area),
unless there are more than two such signs within 15 feet of a building
entrance.
F.
Seed identification signs in an agricultural district,
provided that they are less than two square feet in size.
G.
Art work, except in the form of a freestanding sign,
or when used in conjunction with an explicit message or text.
H.
Decoration, not including logos (e.g., decorative
striping on a building).
I.
Architectural features containing elements that might
be considered a sign, provided that the sign is not the principal
reason for the architectural feature and is clearly incidental and
subordinate to the function of the architectural feature.
J.
Automobile signs that advertise a business or other
entity or activity in which the automobile is used as an automobile
on a day-to-day basis, other than merely for advertising.
K.
Rooftop signs not visible from the ground or from
other buildings.
L.
Newspaper vending boxes.
M.
Brand or model names or designations on equipment
or goods.
N.
Telephone booths.
O.
Emergency signs erected by appropriate governmental
or utility authorities.
P.
Cemetery monuments.
Q.
Signs, flags and lights on floating boats.
R.
Mailboxes.
S.
Scoreboards used in connection with outdoor athletic
facilities.
Any signs, flags, festoons or lights that are
not expressly permitted by this article are prohibited. Without limitation,
the following signs or types or uses of signs, flags, festoons or
lights are prohibited:
C.
Any inflatable sign, including but not limited to
tethered balloon signs or other gas-filled figures.
D.
Any off-site sign, principal use sign or principal structure sign, except an official public sign pursuant to § 420-75I of this chapter, or except as may be approved in connection with planned development zoning.
E.
Any temporary, spring-action metal advertising sign
used, for example, to advertise cigarette or gasoline prices.
G.
Any commercial advertising sign painted on or attached
to a bench, bus shelter, garbage can, or garbage enclosure, except
incidental signs.
H.
Any sign that creates a hazard or dangerous distraction
to motorists.
I.
Any sign that creates a public nuisance or a private
nuisance to neighboring properties.
J.
Any sign that resembles, imitates or approximates
the size, shape, form and/or color of railroad or traffic safety signs,
signals or devices.
K.
Any sign that is lighted in such a way as to cause
unpleasant glare upon any public street or highway or upon neighboring
properties.
L.
Any sign that is attached, fastened or anchored to
a fire escape, fire ladder, standpipe or fire hydrant.
M.
Any sign that prevents or hinders ingress or egress
to or from public or private driveways, parking lots, fire escapes
or doorways.
N.
Any sign that prevents or hinders pedestrian traffic
on a sidewalk.
O.
Any sign that prevents or materially hinders the raising
or placing of ladders against a building by the Fire & Rescue
Department.
Q.
Any sign that is installed or constructed in or attached to trees or other landscaping within a public right-of-way, except pursuant to § 420-75I of this chapter.
R.
Any vehicle that is painted as or displays a commercial
advertising sign, which is parked on a lawn or other area where the
parking of a vehicle is not permitted, or which is parked on or visible
from a public street or highway, unless the vehicle is used in the
day-to-day operations of the business or other entity or activity
so advertised for a purpose other than such advertising.
S.
A "for sale" or a price sign displayed on or in a
vehicle parked within a public right-of-way.
T.
Any sign located within in the C-1 Lowland Resource
Conservancy District, the C-3 Natural and Scientific Area Resource
Conservancy District, or the FPO Floodplain Overlay District, unless
specifically allowed in such district or any district pursuant to
this article.
V.
Any sign other than an emergency official public sign
installed or constructed within the right-of-way of a Village street
without the written approval of the Village.
W.
Any sign containing statements, words or pictures
that are obscene.
X.
Any spotlights used as visual attention-getters.
The following types of signs are permitted without
a sign permit or a sign special exception permit, provided that they
comply with the specific requirements stated below and all other applicable
requirements of this article:
A.
Agricultural products identification sign.
(1)
Permitted in any agricultural district.
(2)
Maximum number: one sign per property on which a roadside
produce stand or "pick your own" operation is located, provided that
the property on which the sign is located has a minimum of 150 feet
of frontage, and further provided that two wall signs may be substituted
for the freestanding sign, and further provided that if the property
on which the roadside stand or "pick your own" operation is located
has a minimum of 600 feet of frontage, two freestanding single-face
signs on the property are permitted.
(3)
Maximum area: 20 square feet per face or per wall
sign.
(4)
Maximum height: six feet for freestanding signs.
(5)
Minimum setback: two feet from any public street or
highway right-of-way line.
(6)
May be illuminated.
B.
Building address sign.
(1)
Permitted in any zoning district.
(2)
Minimum number: one building address sign shall be
located on each principal building to designate the correct numerical
address of the property.
(3)
Minimum vertical dimension: three inches in height.
(4)
If a principal building is located more than 100 feet
from the public street or highway right-of-way line, or if the building
address sign is not readily visible from the public street or highway
for any other reason, and there is no primary monument sign or other
identification sign on the property on which the building address
is stated, then a freestanding building address sign shall be installed
in front of such building to identify the address of the property.
[Amended 7-20-2020 by Ord. No. 20-26]
D.
Contractor sign.
(1)
Permitted in any agricultural or residential district.
(2)
Maximum number: one per property.
(3)
Maximum area: nine square feet per face.
(4)
Maximum height: five feet.
(5)
Minimum setback: two feet from any public street and
highway right-of-way lines.
(6)
Shall be removed upon completion of work.
F.
Flag/flagpole.
(1)
Permitted in any zoning district.
(3)
Minimum setback: the distance from any public street
or highway right-of-way line equal to the height or length of the
flagpole.
(5)
May be illuminated, provided that adequate precautions
are taken to prevent prohibited glare on neighboring properties or
on any public street or highway right-of-way.
H.
Neighborhood sign.
I.
Official public sign and on-site official informational
sign.
[Amended 11-17-2008 by Ord. No. 08-55; 7-20-2020 by Ord. No. 20-26]
(1)
An official public sign is permitted in public street
or highway right-of-way in any district, provided that:
(a)
Written Village permission is required for any sign installed in
a Village street right-of-way for a period of more than seven days.
(b)
Permission from Kenosha County or the State of Wisconsin may be required
for such signs installed in the right-of-way of county trunk highways
or state trunk highways, respectively.
(2)
An official public sign is permitted on any Village-owned
land in any district, provided that written permission is obtained
from the Village and that the size and location is approved by the
Village Zoning Administrator.
(3)
An on-site official information sign is allowed in any district,
except single-family, provided that:
(a)
The sign display area shall not exceed three square feet, unless
it is determined by the Zoning Administrator that a larger size is
required.
(b)
All such freestanding signs shall not be attached to a "u" channel
or similar pole. The post, that is a color complementary to the building,
shall be metal post with a top cap that is securely mounted to the
ground in a permanent manner (not on a movable concrete base).
(c)
All commercial and manufacturing buildings shall have all entrances
and exits (including dock doors) numbered on the exterior and interior
beginning at the main entrance and moving clockwise around the building.
Numbers should be of a reflective material and must be visible from
the farthest point of the adjacent parking lot. The numbers shall
be placed in the same location of each door. Dock doors may be numbered
separately from the main doors. The location and size shall be approved
by the Zoning Administrator.
J.
Personal message sign.
(1)
Permitted as a freestanding sign in any residential or agricultural district [but see Subsection J(8) below for personal message signs permitted in place of certain background commercial advertising signs].
(2)
Maximum number at one time: one per property.
(3)
Maximum area: nine square feet per face.
(4)
Maximum height: four feet.
(5)
Maximum duration: 10 days.
(6)
Maximum number per calendar year: six.
(7)
Minimum setback: two feet from any public street or
highway right-of-way line.
(8)
May be substituted as a nonfreestanding sign in any zoning district for any permitted background commercial advertising sign that is permitted there, subject to the applicable regulations for the particular type of sign involved, aggregate permitted background commercial advertising sign area restrictions, and the restrictions stated above for duration, number at one time and number per calendar year in Subsection J(5), (2) and (6), respectively.
L.
Real estate signs.
(1)
Permitted in any zoning district.
(2)
Maximum number: one per property for each street or
highway frontage.
(3)
Maximum area: nine square feet per face.
(4)
Maximum height: five feet.
(5)
Minimum setback: two feet from any public street and
highway right-of-way lines.
(6)
Shall be removed upon completion of the transaction.
M.
Window sign (nonilluminated).
(1)
Permitted in any zoning district.
(2)
Shall be placed on the inside of a window of a principal
building.
(3)
Maximum area: such signs shall not exceed 30% of the
area of any window.
(4)
Total maximum area per building in any residential
district: 10 square feet.
(5)
Total maximum area per building (or per store or other
unit in a building with two or more occupants): 30 square feet.
The following types of signs are permitted only
pursuant to and in full conformity with a validly issued sign permit
or sign special exception permit, the applicable requirements stated
below and all other applicable requirements of this article:
A.
Agricultural business identification sign.
(1)
Permitted in any agricultural district.
(2)
Maximum number: one per property.
(3)
Maximum height: six feet if located adjacent to an
arterial street or highway; four feet if adjacent to a nonarterial
street.
(4)
Maximum area: 36 square feet per face.
(5)
Minimum setback: 10 feet from any public street or
highway right-of-way line.
(6)
May be illuminated.
(7)
Landscaping shall extend a minimum of three feet in
every direction from the base or other support structure of the sign.
(8)
May be placed on two supports or on a solid or solid-appearing
base directly supporting a minimum of 75% of the sign display. The
height of the base or supports below the bottom of the sign display
shall not exceed three feet.
B.
Bulletin board sign.
C.
Canopy sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2, PR-3 or multifamily residential district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Limited to one line of copy upon the border of the
awning or canopy.
(3)
No repetitious wording or display is permitted on
any portion of the canopy or awning facing in the same direction.
(4)
Shall not be placed on the curved or angle portion
of the canopy or awning.
D.
Changeable copy sign. A changeable copy sign is only permitted as or as part of the following signs: primary monument sign, drive-through customer sign, bulletin board sign, wall sign, projecting sign and official public sign. (See § 420-66 of this chapter.)
E.
Coming soon sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2, PR-3 or agricultural district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Maximum number: one per property (or one per store
or other unit in a building with more than one occupant).
(3)
Maximum area: 20 square feet.
(4)
Maximum duration: 90 days.
(5)
Shall be securely attached to the exterior wall of
the building so as to remain flush against the wall and not flap in
the wind.
(6)
Shall not be illuminated.
(7)
Shall be located on a building wall below an elevation
which is 35 feet above grade.
F.
Commercial advertising sign. Without limitation, commercial advertising signs are subject to regulations relating to particular types of commercial advertising signs, e.g., primary monument signs, and to regulations limiting the aggregate permitted background of commercial advertising sign area (see § 420-78K) and limiting the use of freestanding signs as background commercial advertising signs (see § 420-78V).
G.
Community banner sign.
(1)
Permitted in any zoning district in a public street
or highway right-of-way.
(2)
Maximum area: 40 square feet.
(3)
Maximum height: six square feet.
(4)
Number, size, location and duration of such signs
are subject to approval by the Village Administrator, on an as-reasonably-needed
basis, subject to the basic requirements that the sign is safe and
advertises a special event (excluding commercial promotional events
at a merchant's place of business or at a shopping center or mall)
that is open to the public and of interest to a substantial portion
of the community.
H.
Decorative pole sign.
(1)
Permitted as a substitute for a primary monument sign in a situation where a primary monument sign is not physically practicable [see Subsection T(13) of this section].
(2)
Shall not be placed so that the sign projects above
a surface that is intended for vehicular traffic.
(3)
Maximum area: nine square feet per face.
(4)
Minimum clearance: 8.5 feet.
(5)
Maximum height: 12 feet.
(6)
Minimum setback: two feet from any public street or
highway right-of-way line.
(7)
Shall be fastened to, projected or suspended from
a decorative pole of wrought iron or other similar material.
(8)
May be illuminated.
I.
Drive-through customer information sign.
(1)
Permitted in any business, manufacturing, institutional
or agricultural district.
(2)
Maximum number: as approved by the Zoning Administrator,
based on reasonable need.
(3)
Maximum area: 36 square feet per side, with a total
of 72 square feet for both sides.
(4)
Maximum height: eight feet.
(5)
Area and height actually permitted: as approved by
the Zoning Administrator, based upon reasonable need.
(6)
Shall be addressed to customers who are already on
site and shall not be addressed to passing motorists.
(7)
Changeable copy signs, electronic changing message
signs and electronic scrolling signs are permitted.
J.
Electronic changing message sign. An electronic changing message sign is only permitted as or as part of a primary monument sign, freeway sign, wall sign, projecting sign, or drive-through customer information sign. The message in an electronic changing message sign shall not change more frequently than once every three seconds. Such a sign shall not have the appearance of flashing or pulsing. (See § 420-66 of this chapter.)
K.
Electronic scrolling sign. An electronic scrolling sign is only permitted as or as part of a primary monument sign, freeway sign, wall sign, projecting sign, or drive-through customer information sign. Such a sign shall not have the appearance of flashing or pulsing. (See § 420-66 of this chapter.)
M.
Freestanding sign. Without limitation, a freestanding sign may be used as a primary monument sign (or substituted decorative pole sign), secondary monument sign, freeway sign, various other identification signs, official public sign, on-site information sign, public interest sign, and various temporary signs but is restricted for other commercial advertising purposes (see § 420-78V of this chapter).
N.
Freeway sign.
(1)
Permitted in any B-3 or B-4 District only for the
following uses: gasoline filling stations with or without convenience
stores, restaurants, hotels, motels, and also major shopping centers,
shopping malls or other major retail stores or outlets which, individually
or collectively as a unified development, exceed 100,000 square feet
in building floor area, provided that the sign is located within 1,000
feet from the main traveled lanes of I-94.
(2)
Maximum number: one per property.
(3)
Maximum area: 300 square feet per face; alternatively,
300 square feet may be added to any wall sign(s) on the property.
(4)
An electronic changing message sign or an electronic
scrolling sign may be incorporated into the sign.
(5)
Maximum height: 45 feet.
(6)
Minimum setback: 20 feet from any public street or
highway right-of-way line.
(7)
May be illuminated, internally only.
(8)
The sign installer shall provide written verification
to the Village Zoning Administrator upon installation that the sign
complies with the sign permit requirements.
O.
Home occupation sign.
(1)
Permitted in any agricultural or residential district, provided that an approved home occupation permit pursuant to Article VII of this chapter has been issued.
(2)
Maximum number: one per property.
(3)
Shall be mounted on the wall at the entrance to the
principal or accessory structure used in conjunction with such home
occupation.
(4)
Shall not project more than six inches from the wall
and shall not be placed on or over a mailbox or mailbox enclosure.
(5)
Maximum area: four square feet.
P.
Model home sign.
[Amended 9-20-2010 by Ord. No. 10-48]
(1)
Permitted in any residential district wherein a conditional use permit
has been approved for such use.
(2)
Maximum number: one per property.
(3)
Maximum area: 16 square feet per face.
(4)
Maximum height: six feet.
(5)
Minimum setback: five feet from any public street or highway right-of-way
line.
(6)
Shall be a wooden or composite material sign mounted on two wooden
or composite material decorative posts with tops or other sign or
decorative post materials as approved by the Zoning Administrator.
The height of the base or supports below the bottom of the sign display
shall not exceed three feet.
(7)
Colors shall be complementary to the model home.
(8)
Shall not be illuminated.
(9)
Shall be removed upon expiration of conditional use permit for said
use or when the home is no longer used as a model home.
Q.
Multifamily residential development identification
sign.
(1)
Permitted in any R-9, R-10, R-11 or PR-1 District.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Maximum number: one such sign may be permitted per
development, except that if there is more than one entrance to such
development from an arterial street or highway, then an additional
sign may be approved at each such entrance.
(3)
Minimum setback: two feet from any public street right-of-way
line if located adjacent to a nonarterial Village street or five feet
from any public street or highway right-of-way line if located adjacent
to an arterial street or highway.
(4)
Permitted within a boulevard island at the entrance
to a development, subject to the following requirements:
(a)
Shall be located a minimum of 15 feet from the
back of the curb of the center boulevard island adjacent to the intersecting
street or highway;
(b)
Shall be located a minimum of four feet from
the back of the curb of the center boulevard island adjacent to the
street in which the boulevard island is located; and
(c)
A maintenance agreement and an indemnification
and hold harmless agreement shall be entered into with the Village
which are satisfactory to the Village.
(5)
Maximum height: eight feet.
(6)
Maximum area: 36 square feet per face.
(7)
Landscaping shall extend a minimum of three feet in
every direction from the base or other support structure of the sign,
except if the sign is located in a boulevard island, then the landscaping
shall not extend closer than two feet from the back of the curb of
the boulevard island.
(8)
May be illuminated.
(9)
May be placed on two supports or may be placed on
a solid-appearing decorative base which supports a minimum of 75%
of the display of the sign.
(10)
The sign supports or base shall be constructed
of materials that complement the materials used in the development.
(11)
Maximum height of base under display: four feet.
R.
Nonresidential development identification sign.
(1)
Permitted in any business, manufacturing, park and
recreational or institutional district.
(2)
Maximum number: one sign may be permitted per unified
development that includes at least 100 acres, exclusive of public
street and highway right-of-way, except that if there is more than
one primary entrance to said development from an arterial street or
highway, additional sign(s) may be approved by the Zoning Administrator
at other locations or entrances to the unified development.
[Amended 7-20-2020 by Ord. No. 20-26]
(3)
Minimum setback: 10 feet from any property line; furthermore § 420-78W(3) shall not apply.
[Amended 7-20-2020 by Ord. No. 20-26]
(4)
Maximum height: eight feet; except if located within
500 feet of the travel lanes, excluding entrance and exit ramps, of
IH-94, said sign shall not exceed 40 feet.
[Amended 7-20-2020 by Ord. No. 20-26]
(5)
Maximum area: 160 square feet per face; except if
located within 500 feet of the travel lanes, excluding entrance and
exit ramps, of IH-94, said sign shall not exceed 500 square feet per
face.
[Amended 7-20-2020 by Ord. No. 20-26]
(6)
Landscaping shall extend a minimum of five feet in
every direction from the base or other support structure of the sign.
(7)
May be illuminated.
(8)
Permitted within a boulevard island at the entrance to a development,
subject to the following requirements:
[Added 7-20-2020 by Ord. No. 20-26]
(a)
Shall be located a minimum of 15 feet from the back of the curb of
the center boulevard island adjacent to the intersecting street or
highway;
(b)
Shall be located a minimum of three feet from the back of the curb
of the center boulevard island adjacent to the street in which the
boulevard island is located; and
(c)
A maintenance agreement and an indemnification and hold harmless
agreement shall be entered into with the Village which are satisfactory
to the Village.
S.
On-site information sign.
(1)
Permitted in any zoning district.
(2)
May be in the form of a wall sign or a freestanding
single-sided or two-sided sign (pedestrian-oriented signs may have
up to four sides, provided that they do not exceed four feet in thickness).
(3)
Maximum height: four feet for a freestanding sign.
(4)
Maximum area: 32 square feet per face, 64 square feet
total for a freestanding sign.
(5)
Minimum setback: five feet from any public street
or highway right-of-way lines.
(6)
May be illuminated, internally only.
(7)
The number, size and location of such signs are subject
to approval of the Village Zoning Administrator, based on reasonable
need.
T.
Primary monument sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2 or PR-3 district.
[Amended 5-4-2009 by Ord. No. 09-23]
(3)
Maximum number: one per property; provided, however,
a second primary monument sign is permitted in the following instances:
[Amended 5-4-2009 by Ord. No. 09-23]
(a)
If the property is more than five acres and has frontage and primary entrances on more than one street or highway and the distance between such signs is a minimum of 600 feet as measured along the street or highway right-of-way lines, and further provided that a second primary monument sign may be permitted in a shared driveway situation pursuant to Subsection Y(4) of this section without compliance with the foregoing requirements.
(b)
If the property is located in a business, manufacturing, institutional, PR-2 or PR-3 district and has frontage on more than one street or highway, wherein one street frontage is on an arterial street or highway with no access and the second primary monument sign fronts on the arterial street or highway, and further provided that a second primary monument sign may be permitted in a shared driveway situation pursuant to Subsection Y(4) of this section without compliance with the foregoing requirements.
(4)
A changeable copy sign, electronic changing message
sign or electronic scrolling sign is permitted.
(5)
Maximum area: 130 square feet per face, except:
[Amended 3-3-2008 by Ord. No. 08-18; 5-4-2009 by Ord. No.
09-23]
(a)
If located in the B-1 Business District, the maximum area is 36 square
feet per face; or
(b)
if a second primary monument sign is located in a manufacturing, institutional, B-2, B-3, B-4, B-5, PR-2 or PR-3 district pursuant to Subsection T(3)(b) above, the maximum area is 48 square feet.
(c)
If the property has frontage on a state trunk highway, the maximum
area is 160 square feet per face.
[Added 11-2-2009 by Ord. No. 09-56]
(6)
Maximum height: 10 feet, except:
[Amended 3-3-2008 by Ord. No. 08-18; 5-4-2009 by Ord. No.
09-23]
(a)
If located in the B-1 Business District, the maximum height is four
feet; or
(b)
If a second primary monument sign is located in a manufacturing, institutional, B-2, B-3, B-4, B-5, PR-2 or PR-3 district pursuant to Subsection T(3)(b) above, the maximum height is eight feet.
(c)
If the property has frontage on a state trunk highway, the maximum
height is 16 feet.
[Added 11-2-2009 by Ord. No. 09-56]
(7)
Minimum setback distance: 15 feet from any public
street or highway right-of-way line.
(8)
Shall include the street address of each principal
building on the property (or each principal building served by a shared
driveway entrance), including the street number(s) and the name of
the street, but such address(es) may be placed on the base of the
sign (where they will not count toward the maximum area of the sign
display).
(9)
Landscaping shall extend a minimum of five feet in
every direction from the base or other support structure of the sign.
(10)
May be illuminated.
(11)
Shall be placed on a solid-appearing decorative
base which supports a minimum of 75% of the horizontal dimension of
the sign display, except in an institutional district where said sign
may be on two supports.
[Amended 7-20-2020 by Ord. No. 20-26]
(12)
The base of the sign shall:
(a)
Have a height that does not exceed the vertical
dimension of the sign display.
(b)
Not extend to either side of the sign display
by a distance exceeding 1/2 of the horizontal dimension of the sign
display, or extend above the level of the top of the sign display
by a distance exceeding 1/2 of the vertical dimension of the sign
display.
(13)
No primary monument sign shall be required if
the physical constraints of the property render such a sign physically
impracticable. In such situations, a wall sign, projecting sign or
decorative pole sign may be permitted as a substitute for a primary
monument sign, but the maximum area of a substitute wall sign shall
be the maximum area for one face of the primary monument sign.
(14)
A primary monument sign is not required in a
B-1 District; however, the maximum area of one face of the primary
monument sign may be added to the aggregate permitted commercial advertising
sign area.
(15)
May be three-dimensional.
U.
Projecting sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2 or PR-3 district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Maximum area: 12 square feet per face.
(3)
Maximum number: one per business, person or entity
on the property.
(4)
A changeable copy sign, an electronic changing message
sign or an electronic scrolling message sign is permitted.
(5)
Minimum clearance: 8.5 feet above any surface intended
for pedestrian traffic; 10 feet above any surface intended for vehicular
traffic.
(6)
Maximum height: 16 feet.
(7)
May be illuminated.
(8)
Minimum setback: two feet from any public street or
highway right-of-way line.
(9)
The sign installer shall provide written verification
to the Village Zoning Administrator upon installation that the sign
complies with all requirements of the sign permit.
V.
Public interest sign.
(1)
Permitted in any zoning district.
(2)
Maximum height: 10 feet.
(3)
Minimum setback: 10 feet from any public street or
highway right-of-way line.
(4)
Maximum area: 48 square feet per face and 96 square
feet total.
(5)
May be three-dimensional in that the thickness may
exceed four feet.
(6)
May be illuminated.
(7)
Shall be supported by no more than two supports.
(8)
Minimal disturbance to the wetlands, floodplain or
other natural features.
(9)
The location, size and number of such signs are subject
to approval of the Zoning Administrator, based on reasonable need.
W.
Real estate marketing sign.
(1)
Permitted in any residential, business, manufacturing,
institutional, park and recreational or agricultural district.
(2)
Permitted in a residential district only on a parcel
of at least five acres.
(3)
Maximum number: one sign per each street or highway
frontage of the property where the sign is located.
(4)
Maximum area: 48 square feet per face.
(5)
Shall be located on the property to which it relates.
(6)
Maximum height: 10 feet.
(7)
Maximum duration: two years, and an extension may
be permitted for a period not to exceed five years total; provided,
however, that such sign shall be removed promptly upon the completion
of the transaction.
(8)
Minimum setback: 15 feet from any public street or
highway right-of-way line.
(9)
No changeable copy, electronic changing message sign
or electronic scrolling sign is permitted.
(10)
May be illuminated.
X.
Roof sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2, PR-3 or agricultural district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Shall be mounted on or against the roof of a building
and shall not extend more than 12 inches from the surface of such
roof.
(3)
Shall not actually extend above or beyond any edge
of the roof behind it and shall not appear to so extend from the perspective
of the intended viewers.
(4)
May be illuminated.
(5)
The sign installer shall provide written verification
to the Village Zoning Administrator upon installation that the sign
complies with all permit requirements.
Y.
Secondary monument sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2 or PR-3 district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Maximum number: one sign permitted on the property
for each primary entrance from a street or highway, less the number
of primary monument signs on the property.
(3)
The sign shall be located no more than 15 feet from
a primary entrance driveway, as measured from the back of the curb
of the driveway.
(4)
If a primary entrance driveway serves as a shared
access driveway for two or more properties, only one shared secondary
monument sign is permitted adjacent to such driveway; if the shared
sign is appropriately a primary monument sign for any of the properties
sharing the sign, it may be a primary monument sign even though one
or more of the other properties are not entitled to a primary monument
sign at that location.
(5)
Maximum height: four feet.
[Amended 3-3-2008 by Ord. No. 08-18]
(6)
Minimum setback from any public street or highway
right-of-way line: six feet.
[Amended 3-3-2008 by Ord. No. 08-18]
(7)
Maximum area: 24 square feet per face.
[Amended 3-3-2008 by Ord. No. 08-18]
(8)
Landscaping: three feet in every direction from the
sign base or other supporting structure.
(9)
May be illuminated.
(10)
May be placed on two supports or may be placed
on a solid or solid-appearing base which supports a minimum of 75%
of the horizontal dimension of the sign display. The sign supports
or base shall be constructed of materials complementary to the materials
used in the buildings and structures on the property where the sign
is located. The supports or base may not exceed three feet in height
beneath the sign display.
Z.
Single-family/two-family residential development identification
sign.
(1)
Permitted in any C-2, R-1, R-2, R-3, R-4, R-4.5, R-5,
R-6, R-7, R-8, R-12 or PR-1 District.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Maximum number: one such sign may be permitted per
development, except that if there is more than one entrance to such
development from an arterial street or highway, an additional sign
is permitted at each such entrance.
(3)
Minimum setback: two feet from any public street or
highway right-of-way line if located adjacent to a nonarterial street
or five feet if located adjacent to an arterial street or highway.
(4)
Permitted within a boulevard island at the entrance
to a development, subject to the following requirements:
(a)
Shall be located a minimum of 15 feet from the
back of the curb of the boulevard island adjacent to the intersecting
street or highway;
(b)
Shall be located a minimum of three feet from
the back of the curb of the boulevard island adjacent to the street
in which the boulevard island is located; and
(c)
A maintenance agreement and an indemnification
and hold harmless agreement shall be entered into with the Village
which are satisfactory to the Village.
(5)
Maximum height: six feet.
(6)
Maximum area: 24 square feet per face.
(7)
Landscaping shall extend a minimum of three feet in
every direction from the base or other support structure of the sign,
except that if the sign is located in a boulevard island, then the
landscaping shall not extend closer than two feet from the back of
the curb of the boulevard island.
(8)
May be illuminated.
(9)
May be placed on two supports or may be placed on
a solid-appearing decorative base which supports a minimum of 75%
of the display of the sign.
(10)
The sign supports or base shall be constructed
of materials that complement the materials used in the development.
In no case shall the sign supports or base under the sign display
exceed four feet in height.
AA.
Special event sign or device.
(1)
Permitted in any residential, business, manufacturing,
institutional, park and recreational or agricultural district.
(2)
Minimum setback from any public street or highway
right-of-way line: 15 feet.
(3)
Maximum duration: for a period not to exceed 21 days
prior to the special event and shall be removed within seven days
after the event.
(4)
May be illuminated.
(5)
Maximum number per calendar year: four, except in
a PR-3 and I-1 District, where there is no limit.
[Amended 5-4-2009 by Ord. No. 09-23]
BB.
Temporary banner sign.
(1)
Permitted in any business, manufacturing, institutional,
PR-2, PR-3 or agricultural district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
A complete sign application for a wall sign, canopy sign or projecting sign pursuant to § 420-62 of this chapter shall have been approved and a permit issued for such a sign prior to issuance of a temporary banner sign.
(3)
Maximum number: one such per business, person or other
entity located or operating on the property.
(4)
Shall be securely attached to the exterior wall of
the building so as to remain flush against the wall and not flap in
the wind.
(5)
Shall be located on a building wall below an elevation
which is 35 feet above grade.
(6)
Maximum area: 20 square feet.
(7)
May not be illuminated.
(8)
Maximum duration: 21 days, at which time the wall
sign shall be installed and the temporary banner shall be removed.
CC.
Temporary development sign.
(1)
Permitted in any residential, business, manufacturing,
institutional, park and recreational or agricultural district.
(2)
Permitted in a residential district only on a parcel
of at least five acres.
(3)
Maximum number: one sign per each street or highway
frontage of the property where the sign is located.
(4)
Maximum area: 48 square feet per face.
(5)
Shall be located on the property to which it relates.
(6)
Maximum height: 10 feet.
(7)
Maximum duration: two years, and an extension may
be permitted for a period not to exceed five years total; provided,
however, that such sign shall be removed prior to occupancy of any
principal building on the property.
(8)
Minimum setback: 15 feet from any public street or
highway right-of-way line.
(9)
May be illuminated.
DD.
Wall sign.
[Amended 1-21-2013 by Ord. No. 13-06]
(1)
Permitted in any business, manufacturing, institutional, park and recreational or agricultural district. Refer to the § 420-78K related to the aggregate permitted background commercial advertising sign area to determine the total area allowed.
(2)
Shall be securely mounted on the exterior wall of a building and
shall not extend more than 12 inches from the building's wall surface.
(3)
Shall not actually or appear to extend above or beyond any wall edge.
(4)
Shall not be placed upon or cover any architectural feature, and
shall be set back a minimum of six inches from the edge of the fascia,
architectural feature or exterior building wall.
(5)
Shall not extend past an individual tenant's internal leasable storefront
space (within a multitenant building) unless specifically approved
by the Village Zoning Administrator due to undue hardship or unique
building configuration.
(6)
Only channel-type or pin-mounted letters shall be allowed; however,
a symbol or company logo may be allowed if approved by the Village
Zoning Administrator.
(7)
Box/cabinet signs may be allowed if approved by the Village
Zoning Administrator.
(8)
No sign raceways are allowed, and no visible electrical "crossovers"
are allowed.
(9)
A changeable copy sign, electronic changing message sign or
electronic scrolling sign is permitted.
(10)
May be illuminated. If illuminated, the sign may be internally,
externally, or halo-type illumination. The following types of signs/sign
illumination shall not be permitted unless approved by the Village
Zoning Administrator on a case-by-case basis, including, but are not
limited to: (a) External neon outlining illumination; or (b) Background
painting of the building façade.
(11)
All exterior building walls/facades where former signage was
placed shall be patched and/or repaired as a condition of any new
wall sign permit approval. All exterior building walls/facades shall
be maintained in a state of good repair at all times.
(12)
The sign installer shall provide written verification to the
Village Zoning Administrator upon installation of the sign that said
sign complies with the sign permit.
EE.
Window sign (illuminated).
(1)
Permitted in any business, manufacturing, institutional,
or park-recreational district.
[Amended 5-4-2009 by Ord. No. 09-23]
(2)
Shall be on the inside of a window.
(3)
Maximum number: one per building or per store or other
unit in a building having more than one occupant.
(4)
Maximum area: nine square feet and occupying no more
than 30% of the window area.
A.
Coordinated, complementary signs. The commercial advertising
and on-site information signs located on each property shall be coordinated
for purposes of functionality and aesthetic appeal, and the design
and materials of such signs shall be complementary to the use of the
property, to the design and materials of the buildings and other structures
on the property, and to the other commercial advertising signs and
on-site information signs on the property. This subsection is not
intended to limit the use of any logo or trademark on signs or to
require that the colors appearing in a particular logo or trademark
must be replicated throughout the signs on the property where such
a logo or trademark is displayed.
B.
One face. A sign shall not have more than one face
unless expressly authorized by this article.
C.
Safe, functional and attractive. All signs shall be
designed, installed and/or constructed so as to be safe, functional
and attractive.
D.
Maintenance. All signs shall be maintained in a safe,
attractive and well cared for condition and shall be promptly repaired,
restored, repainted, replaced or cured as needed.
E.
Waiving cured violations. The curing of an illegal
sign or a violation of the provisions of this article shall not bar
the Village from pursuing all legal remedies with respect to any prior
violations, but the Village Zoning Administrator shall have the authority
to waive, in writing, prior violations provided that a complete cure
of such violations has been effected and that all costs incurred by
the Village in connection with such violations and such cure, including,
without limitation, any actual attorney fees, have been paid in full.
F.
Intentional violation. The failure to cure a violation
of this article within 30 days of service of a notice of violation
shall be deemed to constitute an intentional violation. The filing
during such thirty-day period of a complete application for a sign
permit or a special exception sign permit required to cure the violation
shall extend such period to 60 days after the permit application is
approved, provided that the application is approved and that the permit
is issued and that the cure is completed within such sixty-day period.
G.
Minimum forfeiture for intentional violation. The
minimum forfeiture for an intentional violation of this article shall
be $250, and each day that an intentional violation continues shall
be deemed to be a separate and distinct intentional violation.
H.
Illegal signs. Any illegal sign shall be promptly
removed or otherwise cured so as to eliminate any violation of this
article. Any illegal sign shall be subject to removal by the Village,
at the cost of the owner, if such sign is not removed or otherwise
cured within 30 days after service of a notice of violation. The filing
during such thirty-day period of a complete application for a sign
permit or a special exception sign permit required to cure the violation
shall extend such period 60 days after the permit application is approved,
provided that the application is approved and that the permit is issued
and that the cure is completed within such sixty-day period.
I.
Effect of sign variance. A previously issued sign
variance shall not be interpreted as immunizing a sign from subsequent
amendments of this article or of any other applicable provisions of
this chapter, to the extent that the effect of such amendments is
to make the sign nonconforming.
J.
Primary monument sign. Every property improved with
a principal building that is used for any business, manufacturing,
institutional or recreational purpose shall have a primary monument
sign. Every primary monument sign shall include the street address
of the property on which it is located, which shall be in letters
and numerals at least three inches in height and at least 18 inches
above the surface of the ground. If required, a primary monument sign
shall be a condition precedent to occupancy.
K.
Aggregate permitted background commercial advertising
sign area.
(1)
Except as is otherwise specifically provided in this
article, the aggregate permitted background commercial advertising
sign area allowed on a property used for any business, manufacturing,
institutional, park or recreational or agricultural purpose shall
be as follows:
[Amended 7-5-2005 by Ord. No. 05-31]
|
Building Floor Area
(square feet)
|
Sign Area
(square feet)
|
|---|---|
|
0 to 999.9
|
20
|
|
1,000 to 4,999.9
|
75
|
|
5,000 to 9,999.9
|
150
|
|
10,000 to 19,999.9
|
200
|
|
20,000 to 99,999.9
|
250
|
|
100,000 to 199,999.9
|
300
|
|
200,000 or more
|
600
|
(2)
Note that not all commercial advertising signs are counted in determining the aggregate permitted background commercial advertising sign area, pursuant to the definition of "aggregate permitted background commercial advertising sign area" in § 420-59 of this chapter. In a situation where more than one principal building is located on the property and the buildings are not or will not be occupied by the same business or other entity, the aggregate permitted background commercial advertising sign area may, at the option of the owner, be applied on a per-building basis. In a situation where a single building is or will be occupied by more than one store, business or other entity, each having its own dedicated entrance, the aggregate permitted background commercial advertising sign area allowance may, at the option of the owner, be applied on a per-store or other unit basis, in which event the allowance shall be based on the interior qualifying floor area exclusively occupied by each such store or other entity. Once such option is exercised, it can be reversed only if all of the background commercial advertising signage on the property is brought into conformance. No new commercial advertising sign may be permitted if the property on which the sign is proposed to be located has more than the aggregate permitted background commercial advertising sign area.
L.
Signs for buildings straddling tax key parcel boundaries without side setbacks. A special exception sign permit shall be required for the installation, construction or modification of any commercial advertising sign (including, without limitation, a modification of the message or other display) on a property on which is located a shopping center or shopping mall building, or any other building occupied by multiple businesses or other entities, which straddles a tax key parcel boundary without side yard setbacks, unless such tax key parcels are combined into a single tax key parcel; or the property is zoned for planned development, and a requirement of the planned development zoning is coordinated and complementary signs in accordance with Subsection A of this section; or the property is subject to a covenant running with the land requiring coordinated and complementary signs in accordance with Subsection A of this section, which has been approved by and is enforceable by the Village. A condition of any such special exception permit shall be that the subject sign shall be and shall continue to be coordinated and complementary.
M.
Materials. All nontemporary signs, and all temporary
signs having a height greater than four feet that are intended to
be in place for 120 days or more, shall be constructed of sound, high-strength,
appropriately sized, attractive materials that are resistant to rust,
corrosion, rot or unattractive weathering to ensure safe construction.
N.
Wind pressure requirements. All nontemporary signs,
and all temporary freestanding signs having a height greater than
four feet, shall be designed and constructed to withstand wind pressure
of not less than 40 pounds per square foot of surface area.
O.
Temporary occupancy or obstruction of public space.
The temporary occupancy or obstruction of a sidewalk, public street
or highway right-of-way, or other public property during construction,
removal, repair, alteration, or maintenance of a sign is permitted
with written approval of the Village or other body having jurisdiction,
provided that the space occupied or obstructed is fenced off or otherwise
appropriately isolated, that any required temporary warning signs
or devices are installed and that all other applicable conditions
or requirements are satisfied.
P.
Obsolete signs.
(1)
Except as otherwise specifically provided in this
article, any obsolete sign that has been obsolete for more than 30
days is illegal and a violation of this article.
(2)
If an otherwise conforming sign becomes obsolete,
it shall be promptly removed, or the sign display shall be promptly
modified to make it nonobsolete, or the display area of the sign shall
be appropriately blanked in a safe, stable and attractive fashion.
Such a sign that is blanked for more than six months shall be promptly
removed. The Zoning Administrator may extend this six-month period
for up to an additional six months on good cause shown and upon receipt
of a cash deposit or satisfactory letter of credit in an amount sufficient
to pay for the removal of the sign and a written agreement of the
owner authorizing the Village to remove the sign if it is not modified
pursuant to a valid permit during such additional period to make it
nonobsolete and conforming.
(3)
If a nonconforming accessory sign becomes obsolete,
it shall be promptly removed or otherwise cured. In curing such a
sign, all nonconformities with or violations of this article shall
be eliminated.
(4)
If a nonconforming principal use, principal structure
of off-site sign becomes obsolete, it shall be promptly removed, or
the sign display shall be promptly modified to make it nonobsolete,
or the display area of the sign shall be appropriately blanked in
a safe, stable and attractive fashion. Such a sign that is blanked
for more than 12 months shall be promptly removed.
Q.
Dilapidated signs.
(1)
Except as otherwise specifically provided in this
article, any dilapidated sign that has been dilapidated for more than
30 days is illegal and a violation of this article.
R.
Zoning Administrator. The Village Zoning Administrator
shall have the authority and duty to interpret and apply the provisions
of this article in the first instance.
S.
Application to planned development districts. The
provisions of this article shall automatically be incorporated by
reference into any zoning ordinance establishing or amending the regulations
applicable to a planned development zoning district except to the
extent that the Village Board specifically approves in such ordinance
other or different regulations relating to signs.
T.
Nonconformities. The following regulations shall apply
to and govern signs which are themselves a valid nonconforming use,
or a valid nonconforming accessory sign, or a sign which relates to
a valid nonconforming use:
(1)
A principal use sign, principal structure sign or off-site sign which is itself a valid nonconforming use shall be allowed to continue subject to the regulations of § 420-140 of this chapter, relating to nonconforming uses, and all applicable requirements of this article.
(2)
A valid nonconforming accessory sign shall be allowed
to continue, subject to the applicable requirements of this article,
until such sign becomes obsolete or becomes an illegal sign or a violation
of this article for any other reason. At that point, the sign must
be cured and any violation or nonconformity must be eliminated. Such
signs shall not have valid nonconforming use status, and the right
to continue such signs shall not necessarily run with the land.
(3)
At such time as the cumulative cost of modifications
to a nonconforming accessory sign exceeds 50% of the cost of replacing
the sign, such sign shall become illegal and shall be removed or otherwise
cured. Any such cure shall eliminate all nonconformities with or violations
of this article.
(4)
Any nonconforming accessory sign that is destroyed
or damaged to the extent of 50% of the cost of replacing the sign
shall be illegal and shall be removed or otherwise cured. Any such
cure shall eliminate all nonconformities with or violations of this
article.
(5)
Any permit issued with respect to a nonconforming
accessory sign shall expressly state that the permit is issued for
a nonconforming accessory sign and that neither the permit nor the
work done nor the expense incurred pursuant to such permit will change
the status of such sign.
(6)
Any application for a sign permit for an accessory
sign relating to an allegedly valid nonconforming use shall be treated
and processed as an application for a special exception sign permit.
[Amended 2-2-2009 by Ord. No. 09-01]
(a)
The regulations of this article relating to
accessory signs that would be appropriate for the nonconforming use
if it were located in an appropriate zoning district shall be utilized
as a guide in acting upon any such application for an accessory sign,
and the Zoning Administrator shall have authority to impose conditions
which are more stringent than such regulations if it specifically
finds that:
[1]
Such conditions are required to avoid a nuisance, to protect the
value of neighboring properties from significant diminution or otherwise
to avoid serious interference with the rights and reasonable expectations
of owners and users of property within the zoning district where the
nonconforming use exists which would otherwise result from the proposed
sign; and
[2]
The imposition of such conditions will not substantially interfere
with the right of the nonconforming use to continue.
(b)
No special exception permit for an accessory
sign relating to a nonconforming use shall be granted unless the Zoning
Administrator specifically finds that:
[1]
The use is a valid nonconforming use, regarding which the owner or
applicant has the burden of proof with respect to all elements of
nonconforming use status, by a preponderance of the evidence (such
a finding does not estop or otherwise bar the Village from making
a subsequent determination that the use is not a valid nonconforming
use, either because of subsequent events or circumstances or because
of new evidence regarding prior events or circumstances); and
[2]
The permit will not allow and is not associated with an expansion,
extension or change in the nature of the nonconforming use.
(c)
Any such special exception sign permit shall
be expressly conditioned upon continuation of the status of the principal
use to which the sign relates as a valid nonconforming use and shall
expressly provide that any rights acquired by virtue of the permit
shall terminate automatically upon the termination of valid nonconforming
use status of such principal use.
U.
Indemnification for sign installed, constructed or
modified in Village street right-of-way. Any person who applies for
a permit to install, construct, or modify a sign in the right-of-way
of any Village street shall offer to enter into a written agreement
with the Village, satisfactory in form to the Village Attorney, agreeing
to indemnify, defend and hold harmless the Village, its officers,
agents and employees for, from and against any and all causes of action,
claims or demands of any person arising out of or relating to such
sign or its location in the Village right-of-way or any work done
on or in connection with such sign, and all related liability or costs
(including reasonable attorney fees) incurred by the Village.
V.
Freestanding signs. No freestanding sign may be used for any of the aggregate permitted background commercial advertising sign area allowed pursuant to the definition of "aggregate permitted background commercial advertising sign area" in § 420-59 of this chapter.
W.
Standard minimum setback distances. The following
standard minimum setback distances shall apply to all signs:
(1)
Five feet from any wetland or floodplain, unless specifically
permitted by the wetland or floodplain provisions of this chapter.
(2)
Seventy-five feet from the ordinary high-water mark
of any body of navigable water.
(3)
The distance from any side or rear property line equal
to the height of the sign.
X.
Reasonable need. Whenever this article provides that
signs may be permitted based upon reasonable need, the following considerations
shall apply, without limitation:
(1)
Whether the signs are excessive in terms of number,
size or repetition.
(2)
Whether the signs will add substantially to a cluttered
sense about the site.
(3)
Whether the signs are addressed to the appropriate
audience under the circumstances.
(4)
Whether the signs present information that will be
useful and helpful to the public.
(5)
Whether the signs are appropriately located in light
of their type, message and the physical layout of the site.
Y.
Wall sign or canopy sign for a particular business
or other entity in a multi-occupant building. A wall sign or canopy
sign for a particular business or other entity that has an obvious
storefront area and its own dedicated entrance in a multi-occupant
building shall not extend past the storefront area of the business
or other entity so advertised.
Z.
Corner sign. In any situation where the maximum allowable
dimensions of a sign are affected by whether or not it is located
adjacent to an arterial street or highway, and a sign is located at
the corner of an intersection and is essentially equidistant from
the two intersecting streets or highways, and one of the intersecting
streets or highways is arterial and the other is not, the sign shall
be deemed to be located adjacent to an arterial street or highway.
AA.
Signs for nonconforming use. Notwithstanding any provisions of this article relating to the zoning districts in which certain types of signs may be permitted, it is the intent of this article that a nonconforming use may generally be permitted to have the same types of signs that it could have if it were a conforming use, but such signs require a special exception sign permit and are subject to more stringent regulation pursuant to Subsection T of this section..
BB.
Sign required for unit in unified development. A wall
sign or a temporary banner sign is a condition precedent to occupancy
of a store or other unit in a unified development that is or will
be occupied by more than one business or other entity, if such store
or other unit has its own dedicated entrance, and if the owner has
exercised the option to apply the aggregate permitted background commercial
advertising sign area on a per-store or other unit basis.
CC.
Service of notice of violation. Any notice of violation
of this article shall be served on the person or entity occupying
the property where the sign is located in the manner of serving a
summons pursuant to § 801.11, Wis. Stats., and a copy of
such notice shall promptly be mailed by first class United States
mail to the last known address of the owner of such property and,
if the owner or user of the sign is not the owner of the property,
to the last known address of the owner or user of the sign. If there
is no person occupying the property where the sign is located, or
if service cannot be made pursuant to § 801.11, Wis. Stats.,
with reasonable effort, the mailed notice(s) shall suffice.
