The purpose of this article is to establish
minimum standards to safeguard life and property and promote public
welfare and community aesthetics by regulating the appearance, construction,
location and maintenance of all signs, awnings, canopies and billboards.
The provisions herein contained shall be binding alike upon every
owner of a building, every lessee and every person in charge of or
responsible for or who causes the construction, repair, relocation
or alteration of any outdoor sign and other advertising structures
in the Village of Theresa. Painting, posting and general maintenance
are excepted.
The following definitions are used in this article:
The perimeter which forms the outside shape, but excluding
the necessary supports or uprights on which the sign may be placed,
unless they are designed as part of the sign. If the sign consists
of more than one section or module, all areas will be totaled. The
area of an irregularly shaped sign shall be computed using the actual
sign face surface. The area of the irregularly shaped sign shall be
the entire area within a single continuous rectilinear perimeter of
not more than eight straight lines.
A temporary hood or cover which projects from the wall of
the building, which can be retracted, folded or collapsed against
the face of a supporting structure.
A sign which advertises goods, products or facilities or
services not necessarily on the premises where the sign is located
or directs persons to a different location from where the sign is
located.
The unreasonable obstruction of view of a sign caused by
the placement of another sign.
A shelter, with or without a sign, attached to or connected
with a building and extending into a setback or over the public sidewalk.
A period of time in terms of calendar days.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories. Directory signs shall be encouraged for use with advertising
of multiple-occupied commercial and industrial buildings.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphics, time, date, temperature,
weather or information concerning civic or charitable events or the
advertising of products or services for sale on the premises. This
also includes traveling or segmented message displays.[1]
Any directly or indirectly illuminated sign on which artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise,
institution or principal products offered for sale on the premises
or combination of these.
A sign that is illuminated from a source outside of the actual
sign.
Any sign attached to and made part of a marquee. "Marquee"
is defined as a permanent roof-like structure projecting beyond a
building wall at an entrance to a building or extending along and
projecting beyond the building's wall and generally designed and constructed
to provide protection against weather.
Any sign which does not conform to the regulations of this
chapter.
Any sign, device or display which advertises goods other
than those commonly available or services other than those commonly
performed on the premises on which the sign is located.
Any sign displaying a candidate for an election or a current
election's subject matter.
Any sign not permanently attached to the ground which is
designed to be easily moved from one location to another.
Any sign extending more than 18 inches but less than four
feet from the face of a wall or building; such sign may not extend
more than three feet into the right-of-way.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any
building.
Includes anything that promotes, calls attention to or invites
patronage (or anything similar to the aforementioned) to a business,
location or product.
Any sign which is erected or displayed for a limited period
of time not to exceed 28 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed eight square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this chapter a portable sign is not a temporary sign.
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 16 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way.
A.Â
Application. Except for those specified in § 350-58, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Village of Theresa. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the Building Inspector shall also be required. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.Â
Required information. Application for a sign permit
shall be made in writing upon forms furnished by the Zoning Administrator
which contain the following information about the sign: dimensions,
including display surface; materials; illumination; wiring; height
above grade; distance from lot lines; and the person, firm or corporation
erecting or altering the sign. A permit is not required for a copy
change when no change in business name is involved.
C.Â
Permit fees. Required permit fees as prescribed by Chapter 167, Fees, shall be paid to the Zoning Administrator for each sign permit issued under this article; provided, however, that a fee shall not be charged for putting an existing sign in conformity with this article or for a copy change when no change in business name is involved.
D.Â
Insurance. Any person, firm or corporation engaged
in the business of erecting, repairing, maintaining or relocating
any sign shall maintain in effect at all times a policy of liability
insurance with limits of $100,000 for bodily injury and $200,000 aggregate
and $100,000 property damage. Proof of insurance shall be presented
to the Zoning Administrator before the sign permit is granted.
E.Â
Inspection. The applicant shall, upon completion of
the installation, relocation or alteration of the sign, notify the
Zoning Administrator who will assure the sign complies with the regulations
of this article. If a building permit was also required the applicant
shall also notify the Building Inspector.
F.Â
Appeals. The Zoning Administrator may at any time,
for a violation of this article, revoke a permit or require changes
so that the sign conforms to this article. The holder of a revoked
permit shall be entitled to an appeal before the Village Board. Any
person, firm or corporation aggrieved by any permit denial or decision
by the Zoning Administrator relative to the provisions of these sign
regulations may appeal and seek review of such decision to the Village
Board.
The following signs do not require a sign permit,
provided that they are not located over a public road right-of-way
or in, on or over public water:
A.Â
Commercial, industrial and planned unit development
(commercial/industrial) districts:
(1)Â
Warning signs not to exceed two square feet located
on the premises.
(2)Â
Memorial signs, tablets, names of buildings and date
of erection when cut into any masonry surface or when constructed
of metal and affixed flat against the structure.
(3)Â
Official signs, such as traffic control, parking restriction,
information and notices.
(4)Â
Rummage or garage sale signs not to exceed eight square
feet in area, but use of this type of sign shall be limited to 72
hours per sale.
(5)Â
Signs designating entrances, exits, service areas,
parking areas, rest rooms and other such signs relating to functional
operation of the building or premises shall be permitted without limitation
other than reasonable size and necessity.
(6)Â
Signs not exceeding two square feet in area and bearing
only property numbers, post box numbers or names of occupants of premises.
(7)Â
Flags and insignia of any government, except when
displayed in connection with commercial promotion.
(8)Â
Legal notices, identification information or directional
signs erected by governmental bodies.
(9)Â
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
(10)Â
Signs directing and guiding traffic and parking
on private property but bearing no advertising matter.
(11)Â
Political signs may be posted 60 days before
an election and must be removed within 10 days after said election.
Said sign shall be a maximum of 32 square feet.
(12)Â
Window signs.
(13)Â
Agricultural signs pertaining to the sale of
agricultural products on a farm or to membership in agricultural or
agricultural-related organizations, not to exceed 32 square feet in
area for any one farm.
(14)Â
Real estate signs not to exceed eight square
feet in area which advertise the sale, rental, or lease of the premises
upon which said signs are temporarily located.
(15)Â
Name, occupation and warning signs not to exceed
two square feet in area located on the premises.
(16)Â
Bulletin boards for public, charitable, or religious
institutions not to exceed 32 square feet in area located on the premises.
(17)Â
Temporary signs or banners when authorized by
the Zoning Administrator for a period not to exceed 30 days.
(18)Â
Signs over show windows or doors of a nonconforming
business establishment announcing without display or elaboration only
the name and occupation of the proprietor, not to exceed 24 square
feet in area.
B.Â
Residential, conservancy and agricultural districts:
(1)Â
Agricultural signs pertaining to the sale of agricultural
products on a farm or to membership in agricultural or agricultural-related
organizations, not to exceed 32 square feet in area for any one farm.
(2)Â
Real estate signs not to exceed eight square feet
in area which advertise the sale, rental or lease of the premises
upon which said signs are temporarily located.
(3)Â
Name, occupation and warning signs not to exceed two
square feet in area located on the premises.
(4)Â
Bulletin boards for public, charitable, or religious
institutions not to exceed 32 square feet in area located on the premises.
(5)Â
Temporary signs or banners when authorized by the
Zoning Administrator for a period not to exceed 30 days.
(6)Â
Signs over show windows or doors of a nonconforming
business establishment announcing without display or elaboration only
the name and occupation of the proprietor and not to exceed 24 square
feet in area.
(7)Â
Memorial signs, tablets, names of buildings and dates
of erection when cut into any masonry surface or when constructed
of metal and affixed flat against a structure.
(8)Â
Official signs, such as traffic control, parking restrictions,
information and notices.
(9)Â
Awnings or canopies servicing only a particular single-family
dwelling unit, provided that the same shall conform to the regulations
applicable to the zoning district in which the same are located.
(10)Â
House numbers or signs identifying parks or
municipal bulletin boards.
(11)Â
Political signs may be posted 60 days before
an election and must be removed within 10 days after said election.
Said sign shall be a maximum of eight square feet.
(12)Â
Rummage or garage sale signs not to exceed eight
square feet in area, but use of this type of sign shall be limited
to 72 hours per sale.
A.Â
Permitted signs. The following signs shall require
a permit to be issued by the Village of Theresa. Signs may be permitted
in all commercial, planned unit development (commercial/industrial)
and industrial districts, subject to the following restrictions:
(1)Â
Wall signs placed against the exterior walls of buildings
shall not extend more than 16 inches outside of a building's wall
surface, shall not exceed 200 square feet in area for any one premises,
and shall not exceed 20 feet in height above the mean center-line
street grade.[1]
(2)Â
Projecting signs fastened to, suspended from, or supported
by structures shall not exceed 100 square feet in area for any one
premises; shall not extend more than six feet into any required yard;
shall not extend more than three feet into any public right-of-way;
shall not exceed a height of 20 feet above mean center-line street
grade; and shall not be less than 10 feet above a sidewalk or other
pedestrianway nor 15 feet above a driveway or an alley.
(3)Â
On-premises ground signs limited to two signs for
each individual business lot which advertises the business names,
services offered, or products sold on the premises shall not exceed
20 feet in height and shall not exceed 100 square feet in display
area on any one side nor 200 square feet in display area on all sides
for any one premises. Such on-premises ground sign may not be located
in any existing or proposed street right-of-way.
(4)Â
Off-premises ground signs shall meet all yard and
setback requirements for the district in which they are located; shall
not be located within 1,000 feet of any other off-premises ground
sign located on the same side of the road; shall not exceed 20 feet
in height; and shall not exceed 100 square feet in display area on
any one side nor 200 square feet in display area on all sides.
(5)Â
Window signs shall be placed only on the inside of
commercial buildings and shall not exceed 25% of the glass area of
the pane upon which the sign is displayed.
(6)Â
Roof signs shall not exceed 20 feet in height above
the mean center-line street grade and shall not exceed 200 square
feet on all sides for any one premises.
(7)Â
Combinations of any of the above signs shall meet
all the requirements for the individual sign.
B.Â
Lighting. Business and industrial signs may be internally
lighted or illuminated by a hooded reflector; provided, however, that
such lighting shall be arranged to prevent glare, and no sign shall
be lighted by lighting of intermittent or varying intensity. Animated
signs, or signs having moving parts, or signs which may be mistaken
for traffic signal devices or which diminish the visibility or effectiveness
of such traffic signal devices, are prohibited.
C.Â
Signs causing obstruction prohibited. Any sign so
erected, constructed or maintained as to obstruct or be attached to
any fire escape, window, door or opening used as means of ingress
or egress or for fire-fighting purposes or placed so as to interfere
with any opening required for legal ventilation is prohibited.
D.Â
Signs at intersection prohibited. No sign or advertising
device shall be erected or maintained at the intersection of streets
in such a manner as to obstruct clear vision of the intersection.
E.Â
Canopy signs restricted. Signs shall be permitted
to hang from canopies or covered walks in business or industrial districts
provided that there shall be only one sign, not to exceed five square
feet, for each business and that the sign shall be at least 10 feet
above ground level.
In addition to those permitted signs not requiring a permit pursuant to § 350-58B, the following nonflashing, nonilluminated signs are permitted under the conditions specified in all residential and planned unit development (residential) districts established by this chapter:
A.Â
Nameplate and identification signs, subject to the
following:
(1)Â
Area and content, residential. There shall be not
more than one nameplate, not exceeding one square foot in area, for
each dwelling unit, indicating the name or address of the occupant
or a permitted home occupation. On a corner lot, two such nameplates
for each dwelling unit (one facing each street) shall be permitted.
(2)Â
Area and content, nonresidential. For nonresidential
buildings, a single identification sign not exceeding nine square
feet in area and indicating only the name and address of the building
may be displayed. On a corner lot, two such signs (one facing each
street) shall be permitted.
(3)Â
Projection. Such signs shall be affixed flat against
the wall of the building.
(4)Â
Height. No sign shall project higher than one story
or 15 feet above curb level, whichever is lower.
B.Â
"For Sale" and "To Rent" signs, subject to the following:
(1)Â
Area and number. There shall be not more than one
sign per zoning lot, except that on a corner zoning lot two signs
(one facing each street) shall be permitted. No sign shall exceed
eight square feet in area nor be closer than 12 feet to any other
zoning lot.
(2)Â
Height. No sign shall project higher than one story
or 15 feet above curb level, whichever is lower, when attached to
a building. Detached or freestanding signs shall not be more than
four feet in height, measured from the soil grade to the top of the
signpost.
C.Â
Signs accessory to parking areas, subject to the following:
(1)Â
Area and number. Signs designating parking area entrances
or exits are limited to one sign for each such exit or entrance and
to a maximum size of two square feet each. One sign per parking area,
designating the conditions of use or identity of such parking area
and limited to a maximum size of nine square feet, shall be permitted.
On a corner lot, two such signs (one facing each street) shall be
permitted.
(2)Â
Projection. No sign shall project beyond the property
line into the public way.
(3)Â
Height. No sign shall project higher than seven feet
above curb level.
D.Â
Signs accessory to roadside stands, subject to the
following:
(1)Â
Content. The signs shall be only for the purpose of
identification of the roadside stand and advertising the agricultural
products for sale therein.
(2)Â
Area and number. The signs shall be on the same zoning
lot (either zoned agricultural or with a conditional use permit) as
the roadside stand and there shall be not more than two signs per
lot. No sign shall exceed 12 square feet in area or be closer than
50 feet to any other zoning lot.
(3)Â
Projection. No sign shall project beyond the property
line into the public way.
(4)Â
Height. No sign shall project higher than 15 feet
above curb level.
(5)Â
Permit. A sign permit is required for this type of
sign.
E.Â
Temporary signs accessory to subdivision developments
or other permitted improvements in residential districts, subject
to the following:
(1)Â
Content. The signs shall be only for the purpose of
identification of homes for sale or rent in the subdivision under
construction or for the identification of other nonresidential uses
under construction.
(2)Â
Area, number and setback. Such signs shall not exceed
two in number for each subdivision nor 50 square feet each in area.
They shall observe the front yard requirement of the principal use
and shall be located at least 50 feet from all other boundaries of
the site.
(3)Â
Height. No sign shall project higher than eight feet
above curb level.
(4)Â
Time limitations. The sign or signs shall be removed
by the applicant or property owner within two years of the date of
the issuance of a sign permit.
F.Â
Subdivision identification signs, subject to the following:
(1)Â
Content. The signs shall bear only the name of the
subdivision or development.
(2)Â
Area and number. There shall be not more than two
signs located at each entrance to a subdivision. No sign shall exceed
32 square feet in area. Such identification signs shall only be erected
after review and approved by the Zoning Administrator.
(3)Â
Height. No sign shall project higher than 12 feet
above curb level; the Plan Commission may, however, temporarily authorize
a larger sign for a period not to exceed two years.
(4)Â
Permit. A sign permit is required for this type of
sign. Drawings showing the specific design, appearance and location
of the sign shall be submitted to the Zoning Administrator for approval.
The location of any such sign shall be at the discretion of the Zoning
Administrator based upon the character of the area, the type and purpose
of the sign and the length of time permitted.
G.Â
Nonflashing, illuminated church bulletins, subject
to the following:
(1)Â
Area and number. There shall be not more than one
sign per lot, except that on a corner lot two signs (one facing each
street) shall be permitted. No sign surface shall exceed 32 square
feet in area or be closer than eight feet to any other zoning lot.
(2)Â
Projection. No sign shall project beyond the property
line into the public way.
(3)Â
Height. No sign shall project higher than one story
or 15 feet above the curb level, whichever is lower.
Landscape features such as plant materials,
berms, boulders, fencing and similar design elements unincorporated
or in conjunction with the freestanding signs are encouraged and shall
not be counted as allowable sign area.
A.Â
Traffic interference. Signs shall not resemble, imitate
or approximate the shape, size, form or color of railroad or traffic
signs or devices. Signs, canopies and awnings shall not obstruct or
interfere with the effectiveness of railroad or traffic signs, signals
or devices or the safe flow of traffic. No sign shall be erected,
relocated or maintained so as to prevent free ingress to or egress
from any door, window or fire escape. No sign, awning or canopy shall
be placed so as to obstruct or interfere with traffic visibility.
B.Â
Moving or flashing signs. No sign shall be erected
which has any flashing, rotating or brilliant intermittent parts or
lights or bare reflecting-type bulbs, except those giving public service
information, such as time, date, temperature, weather or similar information,
or where allowed by conditional use permit. No signs, billboards or
other advertising media which create a hazard or dangerous distraction
to vehicular traffic or a nuisance to adjoining residential property
shall be permitted in any district.
C.Â
Signs on public rights-of-way. Signs shall not be
permitted on public rights-of-way, except for municipal traffic control,
parking and directional signs and as otherwise specified in this chapter,
or be located within five feet of a property line.
A.Â
Removal of dangerous signs. All signs shall be removed
by the owner or lessee of the premises upon which the sign is located
if in the judgment of the Zoning Administrator such sign is so old,
dilapidated or has become so out of repair as to be dangerous or unsafe,
whichever occurs first. If the owner or lessee fails to remove it,
the Zoning Administrator may remove the sign at the cost of the owner,
following adequate written notice. The owner may appeal the decision
of the Zoning Administrator to the Village Board.
B.Â
Abandoned signs. Except as otherwise herein provided,
all sign messages shall be removed by the owner or lessee of the premises
upon which an off-premises sign is located when the business it advertises
is longer conducted where advertised. If the owner or lessee fails
to remove the sign, the Zoning Administrator shall give the owner
60 days' written notice to remove said sign, and thereafter upon the
owner's or lessee's failure to comply may remove such sign, any costs
for which shall be charged to the owner of the property or may be
assessed as a special assessment against the property, and/or the
Zoning Administrator may take any other appropriate legal action necessary
to attain compliance.
C.Â
Violations. All signs constructed or maintained in
violation of any of the provisions of this article after the date
of adoption are hereby declared public nuisances within the meaning
of this Code. In addition to the penalty provisions for violations
of this article, the Zoning Administrator or Village Board may bring
an action to abate the nuisance in the manner set forth in the Wisconsin
Statutes.
Variances or exceptions to these sign regulations
may be granted by the Zoning Board of Appeals following a recommendation
from the Zoning Administrator, pursuant to the standards of this chapter.
A.Â
Installation. All signs shall be properly secured,
supported and braced and shall be kept in reasonable structural condition
and shall be kept clean and well painted at all times. Bolts or screws
shall not be fastened to window frames. Every sign and its framework,
braces, anchors and other supports shall be constructed of such material
and with such workmanship as to be safe and satisfactory to the Zoning
Administrator and/or Building Inspector.[1]
B.Â
General requirements.
(1)Â
Construction standards. All signs, except flat signs
and those signs weighing less than 10 pounds, shall be designed, fastened
and constructed to withstand a wind pressure of not less than 30 pounds
per square foot of area and shall be constructed, attached, fastened
or anchored to adequately support the dead load and any anticipated
live loads (i.e., ice and snow) of the sign.
(2)Â
Illuminated signs. Any illuminated signs shall not
interfere with surrounding properties or traffic.
(3)Â
Roof signs. No sign shall be located so as to project
above the parapet line unless approved by the Zoning Administrator.
(4)Â
Projection. Signs including supports shall not interfere
with surrounding properties or traffic.
(5)Â
Prohibited mounting. No signs shall be painted on,
attached to or affixed to any trees, rocks, or other similar organic
or inorganic natural matter, including utility poles or apparatus.
(6)Â
Blanketing. Blanketing of signs on buildings shall
not be allowed.
(7)Â
Maintenance. All signs, including supports and attachments,
shall be properly maintained and have an appearance that is neat and
clean. All signs shall be kept in good structural condition, well
painted, and clean at all times, and the immediate premises shall
be maintained in a clean, sanitary and inoffensive condition and kept
free and clear of all obnoxious substances, rubbish and weeds.
(8)Â
Annexed areas. All signs in newly annexed areas shall
comply with this article within five years of annexation.
C.Â
Location adjacent to residence district. No advertising
signs shall be permitted within 75 feet of any residence district
boundary line unless said sign is completely screened from said residence
district by a building, solid fence, or an evergreen planting, which
planting shall be not more than two feet shorter than the height of
the sign at the time said evergreens are planted, or said sign is
facing away from the residence district and the back is screened as
provided below. Said evergreens shall be spaced not more than 1/2
the height of the tree for regular varieties and 1/3 the height of
the tree for columnar varieties of trees. Said evergreen planting
shall be continuously maintained.
D.Â
Sign mounting. All signs shall be mounted in one of
the following manners:
(1)Â
Flat against a building or wall;
(2)Â
Back to back in pairs so that the back of the sign
will be screened from public view;
(3)Â
In clusters in an arrangement which will screen the
back of the signs from public view; or
(4)Â
Otherwise mounted so that the backs of all signs or
sign structures showing to public view shall be painted and maintained
a neutral color or a color that blends with surrounding environment.
A.Â
Electronic message unit signs.
(1)Â
Such signs may be used only to advertise activities
conducted on the premises or to present public service information.
(2)Â
Segmented messages must be displayed for not less
than 1/2 second and not more than 10 seconds.
(3)Â
Traveling messages may travel no slower than 16 light
columns per second and no faster than 32 columns per second.
B.Â
Portable signs/message boards. Such signs shall be
limited in use to 30 days at a time following approval by the Zoning
Administrator; provided, however, that the Zoning Administrator shall
not give approval for placement of a portable sign/message board if
it presents a vision obstruction. Such signs shall not be displayed
more frequently than three times per year at any one location. The
maximum size of a portable sign/message board shall be 10 square feet
on each face, back to back.
C.Â
Searchlights. The Zoning Administrator may permit
the temporary use of a searchlight for advertising purposes in any
district, provided that the searchlight will not be located in any
public right-of-way, will not be located closer than 10 feet to an
adjacent property and will not cause a hazard to traffic or adjoining
properties. Searchlight permits shall not be granted for a period
of more than five days in any six-month period.
A.Â
Signs eligible for characterization as legal nonconforming.
Any sign located within the Village of Theresa limits as of the date
of adoption of this article hereafter which does not conform to the
provisions of this article is eligible for characterization as a legal
nonconforming sign and is permitted.
B.Â
Loss of legal nonconforming status.
(1)Â
A sign loses its nonconforming status if one or more
of the following occurs:
(a)Â
Said sign is damaged by fire, flood, explosion,
earthquake, war, riot or Act of God or structurally altered in any
way, except for normal maintenance and repair. The sign may be reconstructed
and used as before if it is reconstructed within three months after
such calamity, unless the damage to the sign is 50% or more of its
replacement value, in which case the constructed sign shall comply
with the provisions of this article.
(b)Â
The sign is relocated.
(c)Â
The sign fails to conform to the Village requirements
regarding maintenance and repair, abandonment or dangerous or defective
signs.
(2)Â
On the date of occurrence of any of the above, the
sign shall be immediately brought in compliance with this article
with a new permit secured therefor or shall be removed.
C.Â
Legal nonconforming sign maintenance and repair. Nothing
in this article shall relieve the owner or user of a legal nonconforming
sign or the owner of the property on which the sign is located from
the provisions of this article regarding safety, maintenance and repair
of signs.
A.Â
Permitted awnings. No awnings shall be erected or
maintained, except such awnings as comply with the following requirements,
and then only if the permit required hereunder is first obtained and
the same conform to the regulations of the zoning district in which
the same are to be located:
(1)Â
Support. Awnings shall be securely attached to and
supported by the building and shall be without posts or columns beyond
the setback line.
(2)Â
Height. All awnings shall be constructed and erected
so that the lowest portion thereof shall be not less than seven feet
above the level of the public sidewalk or public thoroughfare.
(3)Â
Setback from curbline. No awning shall extend within
one foot of the curbline.
B.Â
Permitted canopies. No canopies shall be erected or
maintained, except such canopies as comply with the following requirements,
and then only if the permit required hereunder is first obtained and
the same conform to the regulations of the zoning district in which
the same are to be located:
(1)Â
Support. The structural support of all canopies shall
be approved by the Zoning Administrator as in compliance with the
Building Code of the Village and shall meet State Building Codes.[1] All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 350-65 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)Â
Height above sidewalk. All canopies shall be constructed
and erected so that the lowest portion thereof shall not be less than
eight feet above the level of the sidewalk or public thoroughfare.
(3)Â
Setback from curb. No canopy shall extend beyond a
point two feet from the curbline.
A.Â
Construction without permit. Any person, firm or corporation
who or which begins, erects or completes the erection or construction
of any sign, awning or canopy controlled by this article prior to
the granting of a sign permit shall pay a forfeiture double the amount
of the permit otherwise required.
[Amended 9-11-2006]
B.Â
Compliance notice.
(1)Â
If the Zoning Administrator finds any sign, awning
or canopy regulated herein unsafe or insecure or to be a menace to
the public, he shall give written notice to the sign owner and to
the property owner.
(2)Â
If such sign, awning or canopy owner fails to remove
or alter the sign, awning or canopy so as to comply with the standards
herein set forth within five days after such notice, the Zoning Administrator
may cause such sign, awning or canopy to be removed or altered at
the expense of the owner of the sign, awning or canopy or the owner
of the property upon which it is located so as to comply with the
provisions of this article.
C.Â
Violations and penalties. Any person who shall violate
any of the provisions of this article shall be subject to a penalty
which shall be as follows:
(1)Â
Any person found guilty of violating any part of this article who has previously been notified of being in violation or been convicted of violating the same article within one year may, upon conviction thereof, be subject to a forfeiture as prescribed by Chapter 1, § 1-5 of this Code for each such offense, together with costs of prosecution, and in default of payment of such forfeiture and costs may be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
(2)Â
Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this article
shall preclude the Village from maintaining any appropriate action
to prevent or remove a violation of any provision of this article.