[HISTORY: Adopted by the Village Board of the Village of Luck 12-8-2010 (Title 7, Ch. 15, of the 1988 Code). Amendments noted where applicable.]
The purpose of this chapter 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 and billboards.
The following definitions are used in this chapter:
- 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.
- DIRECTLY ILLUMINATED SIGN
- 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.
- DIRECTORY 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.
- ELECTRONIC MESSAGE UNIT SIGN
- 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.
- FLASHING SIGN
- 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.
- GROUND AND/OR POLE SIGN
- Any sign which is supported by structures or supports in or upon the ground and independent of support from any building. (Also referred to as "freestanding sign.")
- IDENTIFICATION SIGN
- 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.
- INDIRECTLY ILLUMINATED SIGN
- A sign that is illuminated from a source outside of the actual sign.
- 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.
- MARQUEE SIGN
- Any sign attached to and made part of a marquee.
- NONCONFORMING SIGN
- Any sign which does not conform to the regulations of this chapter.
- PORTABLE SIGN
- Any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
- PROJECTING SIGN
- Any sign extending more than 18 inches but less than five feet from the face of a wall or building.
- REAL ESTATE SIGN
- Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
- ROOF SIGN
- Any sign erected upon or over the roof or parapet of any building.
- SANDWICH SIGN
- A hinged or unhinged A-frame portable sign which is generally temporary in nature and placed near the roadway.
- Includes anything that promotes or calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
- TEMPORARY SIGN
- Any sign intended to be displayed for a short period of time, including real estate, political or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.
- WALL SIGN
- Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.
- WINDOW SIGN
- Any sign located completely within an enclosed building and visible from a public way.
Permitted signs. In any district, no signs shall be permitted except as are hereinafter specified by the regulations for that district.
Except in the Central Business District or as may be otherwise hereinafter specifically provided, no sign shall be permitted closer than 10 feet to the existing street line or any other lot line.
A ground and/or pole sign shall not exceed in gross area for any one premises 60 square feet on each side in the Central Business District or 200 square feet on each side in the I-1 or I-2 Industrial District or along highway frontage. Any ground sign in the I-1 or I-2 Industrial District shall have a minimum landscaped area of 16 square feet around the base of the ground sign.
A projecting sign shall not exceed 100 square feet in area for any one premises.
A wall sign shall not exceed 250 square feet in area or 40% of the wall surface (whichever is smaller) for any one premises.
Signs pertaining to the lease or sale of the property on which located or any building thereon not in excess of 20 square feet in area per sign and not more than two signs on any single parcel may be permitted in any district.
In the Central Business District, the establishment occupying the building may erect and maintain a flat, freestanding advertising sign, relating to its business, in the front yard, or in the side yard on the street side of a corner lot, if the sign is supported by a single pole or standard and neither face of the sign exceeds 60 square feet in area. If such a building is occupied by two or more establishments, then they may jointly erect and maintain such a sign. No portion of the face of such a sign shall be less than 12 feet above the level of the sidewalk or, if there is no sidewalk, the level of the lot line nearest the sign.
No billboard, poster, flat pennant, streamer, outdoor display or other advertising device not meeting the requirements mentioned above and no sign employing brilliant intermittent, rotating or flashing lights or which rotates in a manner or at a rate as to simulate flashing lights shall be permitted. No sign, billboard or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.
A sign, not to exceed 12 square feet in area, for the purpose of advertising and direction of patrons or attendees to an establishment off the main traveled highway or to service clubs, churches or other nonprofit organizations may be permitted in any district other than a residential district. A sign, not to exceed six square feet in area, indicating direction to a church, hospital, school or other public service building may be permitted in any district upon approval of the Plan Commission.
The sign identifying a planned shopping center grouping may be permitted with the approval of the Plan Commission, and the Commission may, in such case, modify the regulations applicable to the height, size and location of such sign consistent with the spirit and intent of the regulations.
A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the Plan Commission and subject to the following:
Drawings showing the specific design, appearance and location of the sign shall be submitted to the Plan Commission for approval.
The permitted size and location of any such sign shall be at the discretion of the Plan Commission based upon the character of the area, the type and purpose of the sign and the length of time permitted.
Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.
Where the sign is not to be located on the premises involved, such sign may be permitted for a period not to exceed nine months.
Signs designating entrances, exits, service areas, parking areas or rest rooms and other such signs relating to the functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.
No sign, billboard or other advertising media not directly related to the use of the premises on which it is located, except directional signs as herein provided, shall be permitted in any district, except as a conditional use in such districts as are hereinafter provided.
The provisions of this subsection shall not apply to signs erected by national, state, county or municipal governmental agencies, including traffic and informational signs.
Exceptions to sign regulations. The following signs and related items shall not be included in the application of the regulations contained in this chapter:
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
Legal notices, identification information or directional signs erected by governmental bodies.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
Permit required. No persons shall erect, relocate, reconstruct or maintain any signs or cause the aforementioned within the Village of Luck without first having obtained and having in force and in effect a permit therefor from the Zoning Administrator.
Application for permit. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. Application for a sign shall be made in writing upon forms furnished by the Zoning Administrator. The applicant shall file with the application plans and specifications and provide information about the sign, including dimensions, materials, illumination, wiring, height above grade, distance from lot line, and by whom it shall be erected. Permits are not required for a copy change when no change in business name is involved.
Permit fee. A permit fee set by the Village Board shall be paid to the Clerk-Treasurer for each sign permit issued under this chapter; provided, however, that a fee shall not be charged for putting an existing sign in conformance with this chapter or for a copy change when no change in business name is involved.
Temporary signs. Permits are not required for such temporary signs as real estate (which advertises sale or rental of the premises upon which it is posted), political and construction site or similar type signs, provided that such signs do not exceed 25 square feet of display surface.
Window signs. Window signs directing attention to a business or profession conducted on the premises or to a product, service or entertainment sold or offered on said premises shall be permitted without a permit.
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of six months or when, in the judgment of the Zoning Administrator, such sign is so old or 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 Village Board may remove the sign at the cost of the owner, following adequate written notice. The owner may appeal the Village Board's decision to the Zoning Board of Appeals.
Alterations. Any sign which was erected before the adoption of this chapter shall not be rebuilt or relocated without conforming to all of the requirements of this chapter.
Violations. All signs constructed or maintained in violation of any of the provisions of this chapter are hereby declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violation of this chapter, the 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 Village Board, following a recommendation from the Plan Commission, through a conditional use permit.
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 the Building Inspector.
Awnings. The lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning or hanging on the frame but not below seven feet.
Animated signs. Signs with any moving parts, beacon lights or moving lights shall not be permitted, except that revolving signs are permitted.
Flashing signs. Flashing signs are prohibited. Bare reflecting-type bulbs of any kind are not allowed for a flashing or nonflashing sign unless they are properly shaded so as not to interfere with surrounding properties.
Roof signs. No sign shall be located so as to project above the parapet line, unless approved by the Village Board, upon the recommendation of the Plan Commission.
Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
Projection. Signs including supports shall not project beyond five feet from the face of the wall to which attached.
Blanketing. Blanketing of signs shall not be allowed.
Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean.
Exceptions to height and setback requirements. Signs may be allowed in the setback area if they are below three feet or are pole-mounted and above 12 feet to the bottom of the sign. The pole diameter of pole-mounted signs shall not exceed 12 inches and shall not interfere with reasonable vision clearance.
Searchlights. The Village Board 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.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way except for traffic control, parking and directional signs and as otherwise specified in this chapter.
Temporary sign limitations.
All temporary signs, such as real estate, construction site and political signs, shall be removed within 10 days after their use has discontinued, except that political signs on residential property shall be removed at the end of the election campaign period as required by § 12.04, Wis. Stats.
Temporary signs may be placed on a property and shall not interfere with driveway vision clearance.
Portable signs. The maximum size shall be 50 square feet on each face, back to back.
Residential districts. No sign shall be erected in any residential district except as provided herein:
One unlighted professional or announcement sign or nameplate only and not over six square feet in area.
Public, semipublic, religious or charitable institutions (holding a tax-exempt status from the Internal Revenue Service) may have an identification or directory sign not over 24 square feet in area.
Sandwich board signs.
In instances where the property owner or business tenant in the Central Business District wishes to erect a sandwich board, there is a limit of one sandwich board per business tenant, and such sign shall not exceed four feet in height and 12 square feet per side display area.
The sign can only be displayed during normal business hours.
Such sign shall be placed in a manner so as not to present a hazard.
Signs eligible for characterization as legal nonconforming. Any sign located within the Village of Luck limits on the date of adoption of this chapter or located in an area annexed to the Village of Luck hereafter which does not conform to the provisions of this chapter is eligible for characterization as a legal nonconforming sign and is permitted, provided that it meets the following requirements:
Loss of legal nonconforming status.
A sign loses its nonconforming status if one or more of the following occurs:
The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this chapter than it was before alteration.
The sign is relocated.
The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs.
On the date of occurrence of any of the above, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor or shall be removed.
Legal nonconforming sign maintenance and repair. Nothing in this chapter 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 chapter regarding safety, maintenance and repair of signs.
All billboards, signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the Village of Luck.
A billboard shall only be erected in areas that are zoned commercial or industrial.
No billboard shall be allowed within the fire zone as described on the Official Map.
No more than one billboard back to back shall be erected upon one lot.
The maximum size of billboards shall be 360 square feet.
No billboard may be erected within 800 feet of another existing billboard measured along or across the same right-of-way.
No billboard may be erected within 125 feet of a residential or multiple-family zoning district.
The maximum height of billboards shall be 30 feet. In no event shall the maximum height of any billboard exceed the height requirements for buildings in the underlying zoning district regulations. Minimum height shall be 10 feet above grade.
Roof-mounted billboards (off-premises signs) shall be prohibited.
No billboards shall be erected within 100 feet of the intersecting right-of-way of signalized intersections, and no billboards shall be erected within 50 feet of the intersecting right-of-way of all other streets.
Except as otherwise herein provided, all billboards shall be removed by the owner or lessee of the premises upon which a billboard is located when the business it advertises is no longer conducted where advertised. If the owner or lessee fails to remove the billboard, the Village Board shall give the owner 60 days' written notice to remove said billboard and thereafter, upon the owner's or lessee's failure to comply, may remove such billboard, 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 Village Board may take any other appropriate legal action necessary to attain compliance.