The purpose of this article is to:
A. Regulate the size, type, construction standards, maintenance and placement of signs situated within the boundaries of the Town of Cedarburg, Wisconsin. Applicable new developments and/or new structures shall also comply with the sign design standards as set forth in §
320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B. Promote the public health, safety, welfare and comfort
of the general public by:
(1) Reducing distractions and obstructions from signs
which would adversely affect traffic safety and alleviating hazards
caused by signs projecting over or encroaching upon the public right-of-way;
(2) Discouraging excessive visual competition in signs
and ensuring that signs aid orientation and adequately identify uses
and activities to the public; and
(3) Preserving or enhancing the natural beauty and unique
physical characteristics of the Town of Cedarburg as a community in
which to live and work by requiring a new or replacement sign which
is:
(a)
Creative and distinctive;
(b)
Harmonious with the building, surrounding neighborhood
aesthetics and other signs in the area;
(c)
Appropriate to the type of activity to which
it pertains;
(d)
Expressive of the Town's identity in a manner
which will not diminish property values; and
(e)
Complementary to the Town's rural architectural
character and unobtrusive commercial developments.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(4) Promote a healthy and properly designed business environment.
(5) Protect property values within the Town.
Except as otherwise noted herein, the regulations
of this article shall govern all outdoor signs, advertising structures
or devices with respect to location, safety, size, construction standards,
erection, attachment, support, lighting, anchorage, maintenance, appearance,
and aesthetics.
When used in this article, the following words and phrases shall have the specific meaning as hereinafter defined, and any words not listed shall have the meaning defined by Article
XV of this Zoning Code:
APPROVED COMBUSTIBLE PLASTICS
Only those combustible plastic materials which, when tested
in accordance with the Standard Method of Testing for Flammability
of Plastics (ASTM D635, latest revision), over 0.050 inch in thickness,
burn no faster than 2.5 inches per minute in sheets of 0.060 inch
in thickness.
AREA
Measurement of sign area shall be calculated as the sum of
the area within the smallest regular polygon that will encompass all
elements of the actual sign face, including any writing, representation,
emblem, or any figure or similar character, together with any material
forming an integral part of the display or forming the backing surface
or background on which the message or symbols are displayed.
A.
For a sign painted on or applied to a building
or to a freestanding wall, the area shall be considered to include
all lettering, wording, and accompanying designs or symbols, together
with any background of a different color than the natural color or
finish material of the building or architectural wall. The architectural
wall shall be subject to Plan Commission review and Town Board approval
of the site and landscaping plan.
B.
The main supporting sign structure (i.e., brackets,
posts, foundation, etc.) shall not be included in the area measurement
if such framework is incidental to the display.
C.
When a sign has two or more faces, the area
of all faces shall be included in determining the area, except where
two faces are placed back to back and are at no point more than two
feet from each other. The sign area shall be taken as the area of
either face, and if the faces are unequal, the larger shall determine
the area.
BANNER
A sign intended to be hung either with or without a frame
and which possesses characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind.
BEACON
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention.
BUILDING INSPECTOR
The Town of Cedarburg employee(s) responsible for administering
this article.
BULLETIN BOARD
A sign not to exceed 15 square feet in area located on the
premises of a charitable, religious, or educational institution or
a public body for purposes of announcing events which are held on
the premises.
CANOPY SIGN
Any sign that is attached to or part of an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window, or outdoor service area.
CONSTRUCTION SIGN
A sign identifying individuals or companies involved in design,
construction, demolition, financing, or development of a building/lot
and/or identifying the future use of the building/lot.
DIRECTIONAL SIGN
A sign for the purpose of directing patrons or attendants
to a commercial establishment off the main traveled highway, or to
service clubs, churches, schools or other nonprofit organizations.
Also, signs solely indicating ingress and egress placed at driveway
locations, containing no advertising material, and where the display
area does not exceed three square feet or extend higher than five
feet above the mean center-line street grade.
DIRECTORY SIGN
A sign which indicates the name of the occupants or tenants
located on the premises.
DISPLAY SURFACE
The surface made available on the sign, either for the direct
mounting of letters and decorations or for the mounting of facing
material intended to carry the entire advertising message.
FACING
The surface of the sign or billboard upon, against, or through
which the message of the sign or billboard is displayed.
FLASHING SIGN
A sign whose illumination is not kept constant in intensity
at all times when in use and/or which exhibits changes in light, color,
direction, or animation and word/text changes.
FREESTANDING/GROUND SIGN
A sign which is attached to or part of a completely self-supporting
structure other than a building. The supporting structure shall be
set firmly in, upon, or below the ground surface and shall not be
attached to any building.
HEIGHT
The height of all freestanding signs shall be the distance
between the existing preconstruction grade at the base of the sign
and the highest point on the sign or supporting structure.
ILLUMINATED SIGN
A sign in which an artificial source of light is used in
connection with the display of such sign.
INTERNAL ILLUMINATION
Illumination of a sign in which the source of light is contained
within the sign itself.
LETTERS and DECORATIONS
The letters, illustrations, symbols, figures, insignia, logo
and other media employed to express and/or illustrate the sign message.
LOT
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law.
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
MARQUEE
A permanent roof-like structure extending from part of the
wall of a building, but not supported by the ground, and constructed
of durable material such as metal or glass.
MARQUEE SIGN
A sign attached to, painted on, or supported by a marquee.
NONCONFORMING SIGN
A sign existing at the effective date of the adoption of
this article which does not conform to the terms of this article.
OFF-PREMISES SIGN
Any sign that advertises, calls attention to or identifies
an occupant, business or property situated on a different lot than
the sign.
OFFSET
The regulated minimum distance of a structure from a side,
front or rear lot line.
ON-PREMISES SIGN
Any sign that advertises, calls attention to or identifies
an occupant, business or property situated on the same lot as the
sign.
OUTDOOR ADVERTISING
Any outdoor structure or device that is used as an announcement,
declaration, demonstration, display, illustration, indication, symbol,
insignia, logo, emblem or advertisement.
PORTABLE SIGN
A sign not permanently affixed to the ground, building, or
other structure and which may be easily moved from place to place.
PROJECTING SIGN
A sign affixed or attached directly to the exterior wall
of a building or structure and extending more than 10 inches from
the exterior wall of the building or structure.
REAL ESTATE SIGN
A sign which is used to offer for sale, lease, or rent the
premises upon which such sign is placed.
ROOF SIGN
A sign which is located or projects above the lowest point
of the eaves or the top of the parapet wall of any building or which
is painted on or fastened to a roof.
SETBACK
The regulated minimum horizontal distance between the base
setback line and any structure on a lot.
SHOPPING CENTER
A planned/coordinated grouping of architecturally unified
commercial establishments built on the same site and managed as one
operating unit offering for sale goods such as food, drugs, hardware
and personal services.
SIGN
Any display of lettering, logos, colors, lights, or illuminated
neon tubes visible to the public from outside of a building or from
a traveled way which either conveys a message to the public or intends
to advertise, direct, invite, announce or draw attention to goods,
products, services, facilities, persons, property interest or business
either on the lot or on any other premises.
STREET
A public or private right-of-way for pedestrian or vehicular
traffic.
TEMPORARY SIGN
A sign intended to be used for a period of no more than 60
days unless otherwise specified herein.
TRIM
The moldings, battens, capping, nailing strips, latticing
and platforms attached to any sign or billboard structure.
WALL SIGN
A sign or billboard affixed or attached directly to the exterior
wall of a building and extending not more than 10 inches from the
exterior wall of the building or structure.
WARNING SIGN
A sign, containing no advertising material, warning the public
of the existence of danger.
WINDOW SIGN
A sign attached to, placed upon, or painted on the interior
of a window or door of a building which is intended for viewing from
the exterior of such building.
Application fees for sign permits shall be in
accordance with the Town's established Annual Fee Schedule.
The Building Inspector is hereby authorized
and empowered to revoke any permit issued by him/her upon failure
of the holder thereof to comply with any provision of this article.
The following types of signs are prohibited
in the Town of Cedarburg:
A. Roof signs, unless specifically permitted by the Town
Board.
B. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity. This provision is intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. This does not apply to advertising vehicles as specified in §
320-88E.
[Amended 10-7-2009 by Ord. No. 2009-14]
C. Signs which are attached or otherwise affixed to rocks,
trees, or other living vegetation.
D. Signs which contain untruthful or misleading information.
E. Signs which imitate, interfere with, obstruct the
view of, or can be confused with any official traffic control sign,
signal, or other device.
F. Flashing or rotating signs, message crawl signs, signs
containing moving parts, and signs containing reflective elements
which sparkle or twinkle in the sunlight.
[Amended 7-10-2013 by Ord. No. 2013-9]
G. Banners, pennants, streamers, balloons, and other gas-filled
figures, except as may be provided for in other provisions of this
article.
[Amended 9-4-2013 by Ord. No. 2013-10]
H. Billboards and off-premises signs, except Town Board-approved temporary off-premises signs to identify businesses during road construction and off-premises seasonal signs pursuant to §
320-88E. Official Town bulletin boards are also allowed off premises.
[Amended 10-7-2009 by Ord. No. 2009-14]
I. Any sign advertising or identifying a business or
organization which is either defunct or no longer located on the premises.
J. Any sign larger than 50 square feet in area except
as may otherwise be permitted under the terms of this article and
subject to review and approval by the Plan Commission or Park and
Open Space Committee, if the sign is proposed to be located within
a Town-owned park or preserve.
L. Portable and wheeled signs.
M. Signs or other advertising painted directly on walls
unless specifically approved by the Plan Commission.
N. Inflatable signs and tethered balloons.
O. Signs attached to or erected or maintained on any
standpipe, exterior stairway, fire escape, tower, or balcony so as
to interfere with the use thereof.
P. Signs erected at or near the intersection of any streets
in such manner as to obstruct free and clear vision or at any location
where, by reason of position, shape or color, they may interfere with,
obstruct the view of, or be confused with any official traffic sign,
signal or device or which make use of the word "stop," "look," "danger"
or any other word, phrase, symbol, or character in such manner as
to interfere with, mislead, or confuse traffic.
Q. Signs erected, constructed or maintained so as to
obstruct any exit or any window opening necessary for required light
or ventilation or which prevent free passage from one part of a roof
to another.
R. A sign extending above the top or 10 inches beyond
the side of the exterior wall to which such sign is attached.
S. Signs and associated lighting fixtures which project
more than 10 inches from the exterior wall to which they are attached.
T. Signs entirely supported by a parapet wall.
U. Signs, cards, pictures, handbills, sign posters, advertising,
or notices of any kind, on any curb, street, walk, public street surface,
fence, board, barrel, box, case, railing, pole, post, bridge, tree,
barricade, material, bridge fender, dock, pile, building or structure
of any kind on public ground, public waterway or upon any structure
projecting over any public street, public ground or public waterway
within the Town except by Town Board authorization.
[Amended 9-4-2013 by Ord. No. 2013-10]
V. Outdoor advertising, decorative displays or other
advertising devices of cloth, paper, or other nonrigid materials,
except as may be otherwise permitted by this article.
[Amended 9-4-2013 by Ord. No. 2013-10]
The Town may cause any sign or other advertising
structure which is, in its opinion, an immediate peril to persons
or property to be removed summarily and without notice.
A. Appearance requirements.
(1) The owner of any sign as defined and regulated by
this article shall be required to properly maintain the appearance
of all parts and supports of the sign as directed by the Town.
(2) In the event that the sign owner does not provide proper sign maintenance within 60 days after written notification from the Town, the sign may be removed as provided in Subsection
B.
B. Removal of certain signs and billboards.
(1) Any sign, now or hereafter existing, which no longer
advertises a bona fide business or product, or which is dilapidated,
out of repair, unsafe, or insecure, or has been constructed, erected
or maintained in violation of the provisions of this article, shall
be taken down and removed by the owner, agent, or person having the
beneficial use of the building or land upon which such sign may be
found. If within 10 days after written notification from the Town
the sign owner fails to comply with such notice the Town may remove
such sign. Any cost or expense incident thereto shall be paid by the
owner of the building or land to which such sign is attached. In the
event such costs and expenses are not paid within 30 days from the
date of billing, then the costs and expenses incurred for such removal
shall be assessed against the real estate upon which such sign is
located and collected as other taxes are collected on said real estate.
(2) Any sign which is constructed without proper approval
and permit shall be removed or proper permit obtained within five
days of notice to the owner by the Town. In the event that the owner
of such sign is not issued a proper permit or fails to remove said
sign, the Town may remove such sign. Any cost or expense incident
thereto shall be paid by the owner of the building or land to which
such sign is attached. In the event such cost and expenses are not
paid within 10 days from the date of billing, then the costs and expenses
incurred for such removal shall be assessed against the real estate
upon which such sign is located and collected as other taxes are collected
on said real estate.
(3) In the event that the owner of an illegal sign cannot be ascertained by the Town, then notice as indicated in Subsection
B(2) shall be given to the owner of the real estate upon which the sign is located. In the event that the owner of the real estate does not obtain a proper permit or does not remove the sign within 10 days of notice from the Town, then such sign may be removed by the Town. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 10 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(4) If a permit is denied, the Town shall issue a five-day
removal notice. If the sign is not removed within the five-day period,
the sign may be removed by the Town of Cedarburg. Any expense incident
thereto shall be paid by the owner of the building or land to which
such sign is attached. In the event such cost and expenses are not
paid within 10 days from the date of billing, then the costs and expenses
incurred for such removal shall be assessed against the real estate
upon which such sign is located and collected as other taxes are collected
on said real estate.
(5) The cost of removing any signs located in the road
right-of-way at the time the road is widened shall be paid by the
sign owner.
The Town Board may, in its judgment, grant a variance to the provisions of this article where it would further the public interest and uphold the purpose of this article as put forth in §
320-77. Such variance may be based on, among other things, site-specific hardships such as topographic aberrations and visual encumbrances.