A.
The purpose of this article is to regulate, administer, and enforce
outdoor sign advertising and display within the Village of Rothschild.
This article recognizes the need to protect the safety and welfare
of the public, the need for well-maintained and attractive sign displays
within the community, the need for adequate business identification,
advertising and communication, and the need to protect persons' First
Amendment rights to free speech.
[Amended 6-12-2017]
B.
This article authorizes the erection and use of signs visible from
public rights-of-way, provided that the signs are:
A.
Sign permit administration. The Zoning Administrator or designated
person shall be responsible for the enforcement of the provisions
of this article. The Zoning Administrator or designated person shall
examine all applications for permits for the erection of signs; issue
permits and denials; authorize the continued use of signs which conform
to the requirements of this article; record and file all applications
for permits with any accompanying plans and documents; make inspections
of signs in the Village of Rothschild; and make such reports as the
Village Board may require.
[Amended 6-12-2017]
B.
Permits required. It shall be unlawful to erect, construct, enlarge,
or structurally modify a sign or cause the same to be done in the
Village of Rothschild without first obtaining a sign permit for each
such sign from the Zoning Administrator or designated person as required
by this article. Permits shall be required for all new signs and any
change in the copy of an existing conforming sign. Permits shall not
be required for the repainting or other type of resurfacing, cleaning,
and other normal maintenance and repair of the sign and sign structure.
[Amended 6-12-2017]
C.
Application for a permit. An application for a permit shall be filed
with the Village Clerk upon forms provided by the Village and shall
contain the following information:
(1)
The name, address, email and telephone number of the sign owner,
the property owner where the sign is or will be located, and the sign
contractor, if any, of the proposed sign.
[Amended 6-12-2017]
(2)
Clear and legible scale drawings with description and dimensions
of the proposed sign, the construction, size, height, number of signs,
clearance, setbacks, kind of materials, method of illumination and
screening of lighting, colors, and copy to be used on such structure.
The site plan shall show the buildings on the premises upon which
the structure is to be erected and maintained together with location,
size, and types of existing signs on the premises where the proposed
sign is to be located.
(3)
Engineering calculations when necessary as determined by the
Zoning Administrator or designated representative.
[Amended 6-12-2017]
(4)
Photos of subject property and sign site.
(5)
Such other information as the Zoning Administrator or designated
person may require to show full compliance with this article and all
other applicable laws.
[Amended 6-12-2017]
(6)
Signature of the applicant and owner.
(7)
Payment of all required fees.
[Amended 6-12-2017]
D.
Permit fee. The application for a permit shall include the permit fee. The fee for a sign permit shall be established in a separate fee schedule for the Village of Rothschild. Signs installed without a permit are subject to removal and/or double fees according to the provisions under Subsection J, Remedies, below.
E.
Permit issuance. The Building Inspector/Zoning Administrator or designated
person shall issue a permit for the construction, structural alteration,
enlargement, or relocation of a sign within the Village of Rothschild
when the permit application is properly made, all appropriate fees
have been paid, and the sign complies with the appropriate laws and
regulations of the Village of Rothschild.
F.
Permit expiration. Sign permits shall expire six months from the
date of issuance if no construction has started. Sign construction
or alteration shall be completed within one year of the issuance of
the permit.
G.
Permit denial. If the sign permit is denied by the Building Inspector/Zoning
Administrator or designated person, he/she shall give written notice
of the denial to the applicant, together with a brief written statement
of the reasons for the denial.
H.
Sign permit appeal. In the event that it is alleged by an applicant
whose permit has been denied that said denial was in error, or where
complying with the requirements of this article poses a practical
difficulty or unnecessary hardship, an appeal may be filed with the
Village of Rothschild Board of Appeals. An application for variance
must be made within 30 days after notice that the sign involved does
not conform to this article. In the event that the appeal is not made
in writing to the Board of Appeals within the thirty-day period, a
variance may not be granted. The Board of Appeals shall take action
on any variance request within 60 days after receipt of the variance
application. The Building Inspector/Zoning Administrator or designated
person shall comply with and enforce the decision of the Board of
Appeals.
I.
Indemnification of sign installation and maintenance. All persons
engaged in the business of installing or maintaining signs which involves
in whole or in part the construction, alteration, relocation, or maintenance
of a sign, or other sign work in, over, or immediately adjacent to
a public right-of-way or public property that is used or encroached
upon by the sign contractor, shall agree to hold harmless and indemnify
the Village of Rothschild, its officers, agents and/or employees from
any and all claims of negligence resulting from the construction,
alteration, relocation, or maintenance of this sign or any other sign
work.
J.
Remedies. Violation or failure to comply with the provisions of this
article shall be and is hereby declared unlawful. Any sign constructed,
altered, moved or structurally modified without a permit, or altered,
moved or structurally modified with a permit but in violation of this
article, shall be removed at the owner's expense or brought into compliance
within 30 days of written notification by the Zoning Administrator
or designated person. If the violation is failure to obtain a permit,
the required permit fee shall be doubled to account for the Village's
increased expenses due to such failure. In the event that the owner
does not remove or bring into compliance any sign, the Zoning Administrator
or designated person may order removal at the expense of the property
owner as a special charge pursuant to § 66.0627, Wis. Stats.
[Amended 6-12-2017]
A.
Eligibility for characterization as legal nonconforming sign. Any
sign located in the Village of Rothschild as of the date of adoption
of the amendments to this article which does not conform to the provisions
of this article is eligible for characterization as a legal nonconforming
sign and is permitted, provided that it also meets the following requirements:
(1)
The sign was covered by a proper sign permit prior to the adoption
of the amendments to this article; or
(2)
If no permit was required under applicable law for the sign
in question and the sign was in all respects in compliance with applicable
law on the date of adoption of the amendments to this article.
B.
Loss of legal nonconforming status.
(1)
A sign loses its legal nonconforming status if one or more of
the following occurs:
(a)
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
the requirements of this article than it was before the alteration.
(b)
The sign is relocated.
(c)
The sign fails to conform to this article regarding maintenance and
repair or abandonment or becomes defective.
(2)
On the date of occurrence of any of the above, the sign shall
be immediately brought into compliance with this article with a new
permit secured therefor or shall be removed.
(3)
Normal maintenance cannot be such as to substantially extend
the life of the original nonconforming sign.
[Amended 6-12-2017]
A.
Maintenance and repair.
(1)
Every sign shall be maintained in a safe, presentable, and good
structural condition at all times, including replacement of defective
parts, painting or other type of surfacing, except when weathered
or natural surface is intended, repainting or other type of resurfacing,
cleaning and other acts required for the maintenance of said sign.
(2)
Nonconforming signs which are damaged or destroyed by violent
wind, vandalism, fire, or flood may be reconstructed, provided that:
(a)
The owner bears the burden of proof in qualifying for this section;
(b)
Damage which is due to an intentional act of the owner may only
be repaired in conformity with this article;
(c)
Repair and reconstruction are limited to that part of sign that
is actually damaged; and
(d)
Repair and reconstruction are in compliance with all other provisions
of applicable ordinances.
B.
Abandoned signs. All signs or sign messages shall be removed by the
owner or lessee of the premises when a sign is abandoned or discontinued
for a period of 12 months or longer, it is composed of obsolete advertising
matter, it is without advertising matter, or is in need of substantial
repair, or at the discretion of the Planning and Zoning Commission.
If the owner or lessee fails to remove the sign, the Zoning Administrator
or designated person shall give the owner 60 days' written notice
to remove said sign. Upon failure to comply with this notice, the
Village of Rothschild may cause removal to be executed, the expense
of which shall be borne by the property owner as a special charge
pursuant to § 66.0627, Wis. Stats.
C.
Deteriorated or dilapidated signs. The Zoning Administrator or designated
person shall cause the removal of any deteriorated or dilapidated
signs under the provisions of this article. If the owner or lessee
fails to remove the sign, the Building Inspector/Zoning Administrator
or designated person shall give the owner 60 days' written notice
to remove said sign. Upon failure to comply with this notice, the
Village of Rothschild may cause removal to be executed, the expense
of which shall be bore by the property owner as a special charge pursuant
to § 66.0627, Wis. Stats.
The following signs shall be prohibited within the Village of
Rothschild:
A.
Abandoned signs.
B.
Flashing or moving signs. No sign shall be permitted which is animated
by means of flashing, blinking, or travelling lights. Signs with physically
moving components visible from the public right-of-way are not permitted.
Electronic reader boards with a changeable message are not subject
to this restriction.
C.
Swinging signs.
D.
Unscreened floodlighted signs. Reflection-illuminated signs whose
light source is positioned so that its light intensity is directly
visible from a public right-of-way or whose light source is visible
from residential property are prohibited. Any external light source
must be screened. The light source shall terminate at the sign surface.
E.
Mobile and portable signs.
F.
Vehicular signs; parking of advertising vehicles. No person shall
park any vehicle or trailer on a public right-of-way or public property
or on private property so as to be visible from a public right-of-way
which has attached thereto or located thereon any sign or advertising
device for the basic purpose of providing advertisement of products
or directing people to a business or activity located on the same
or other premises. This subsection is not intended to prohibit any
form of vehicular signage attached or lettered upon a motor vehicle
to identify the ownership or function of that vehicle, provided that
the vehicle is not parked in a conspicuous location so as to advertise
for the business.
G.
Official traffic look-alike. No sign shall use any word, phrase,
symbol, shape, form, or character in such manner and location as to
interfere with moving traffic, including signs that incorporate typical
street-type and/or traffic-control-type signage designs and colors.
H.
Unclassified signs. Those which bear or contain statements or pictures
of obscene, pornographic, lewd or profane subjects.
I.
Roof signs.
J.
Sandwich signs.
K.
Except as otherwise provided for by Wisconsin Statute, no sign shall be placed within the limits of any street or highway except such as are necessary for the guidance or warning of traffic. The Village shall cause the removal and disposal of all other signs from streets or highways for which it has been charged with maintenance. Any person who shall erect any sign in violation of this chapter or § 86.19, Wis. Stats., without the written consent of the appropriate highway authority shall be subject to Code § 1-2, except that forfeitures shall be for not less than $10 nor more than $100, and for a second or subsequent violation shall be fined not less than $10 nor more than $500. Section 86.19, Wis. Stats., is hereby incorporated into this Code by reference as if fully set forth herein.
[Added 6-12-2017]
[1]
Editor’s Note: Former § 590-173, Signs not requiring
permit, was repealed 6-12-2017.
A.
All signs shall comply with the applicable building and electrical
codes.
B.
All ground sign structures shall be self-supporting structures and
permanently attached to sufficient foundations.
C.
Electric service to ground signs, monument signs, pole signs and
wall signs shall be concealed.
D.
All signs, except those attached flat against the wall of a building,
shall be constructed to withstand wind loads.
E.
No sign shall be suspended by chains or other devices that will allow
the sign to swing due to wind action. Signs shall be anchored to prevent
any lateral movement that would cause wear on supporting members or
connections. Supports and braces shall be an integral part of any
sign.
F.
Signs shall not be located within a vision triangle and must comply with the clear area provisions as defined in § 590-85.
G.
Awnings containing any type of copy are considered signs and must
meet the specifications as defined in this article.
A.
Safety. All signs shall be designed, constructed, installed and maintained
in accordance with the provisions of this article and all other local,
state and federal regulations.
B.
Electric signs. Floodlighted signs, internally illuminated signs,
and changeable message signs shall be constructed and installed in
strict accordance with all applicable codes.
A.
All projecting and canopy signs shall maintain a minimum vertical
distance between the bottom of the sign and the grade below the sign
of 10 feet above any landscaped area or lawn area and a minimum of
15 feet above any driveway, sidewalk, parking area or alley.
B.
Projecting signs may extend not further than six feet from the building
or structure to which they are attached. They may not extend over
any public right-of-way or pedestrian walkway.
C.
No part of any sign shall project beyond the existing or future right-of-way
line or the property line of the site where the sign is located. No
sign shall be located in the right-of-way.
D.
The gross area of window signs shall not exceed 50% of any individual
window's area.
E.
Any sign location that is accessible to vehicles shall have a minimum
vertical clearance at grade of 15 feet.
F.
No sign adjoining a residential district shall be closer than 25
feet to that district line.
G.
All sign setbacks shall be calculated from the right-of-way line
and shall be calculated to the leading edge (closest point) of the
sign face or sign structure.
[Amended 6-12-2017]
A.
Temporary signs. The Zoning Administrator or designated person may
issue a temporary sign permit for a temporary sign in any zone subject
to the following restrictions:
(1)
Such permits may be issued for a period of not more than one
year and, upon written application at least 30 days prior to its expiration,
may be renewed for an additional period not to exceed one year.
(2)
The sign must comply with all applicable sign setback requirements.
(3)
The sign may not exceed 32 square feet in area.
(4)
One sign is allowed per lot.
B.
Banners and other promotional devices. Banners, pennants, searchlights
or balloons shall not be used on a permanent basis.
(1)
Banners, pennants, searchlights and balloons may be permitted
as a special promotion for an individual period of 10 days and not
to exceed a thirty-day cumulative period of time within any one given
year.
(2)
Residential displays. Banners, pennants, searchlights and balloons
shall not be allowed in any residential district.
D.
Permitted signs in R-6 District.
(1)
Area restrictions. The total area of any ground sign or building/wall
sign shall not exceed 40 square feet.
(2)
Setbacks. The sign must be set back a minimum of 10 feet from
the right-of-way and must be located outside of the vision triangle
and shall conform to all regulations prescribed in this article.
(3)
Number of signs. One ground sign shall be allowed per lot of
record and one building/wall sign shall be allowed. An identifying
number or letter, not to exceed five square feet, shall also be allowed
on each principal structure.
(4)
Screening. All sign illumination shall be screened so the light
source is not visible from a public right-of-way or neighboring residential
property. The light source shall terminate at the sign surface.[2]
[2]
Editor’s Note: Former Subsection E, regarding subdivision
development signs, which immediately followed this subsection, was
repealed 6-12-2017.
B.
Permitted signs. On-premises wall signs, window signs, ground signs,
canopy/marquee signs, pole signs, roof signs, and directory and directional
signs are permitted in these zoning districts.
(1)
Building/wall signs.
(a)
Area restrictions. One square foot of sign area shall be allowed
for every linear foot of building frontage along the right-of-way.
The total area of all building/wall signs shall not exceed the linear
frontage of the structure, up to a maximum of 500 square feet. When
a building has frontage on two rights-of-way, then each linear frontage
shall be allowed signage based on linear frontage of the structure,
up to a maximum of 500 square feet per frontage. In the case of a
building having more than one tenant, one building sign shall be permitted
for each tenant, with a combined maximum sign area of 500 square feet.
(b)
Height restrictions. Building/wall signs shall not exceed 20
feet in height above the street grade.
(c)
Projection from the wall. Building/wall signs shall be placed
against the exterior walls of buildings and shall not extend more
than 12 inches outside of the building wall. Signs shall not extend
so as to create any type of safety hazard.
(2)
Ground signs.
(a)
Area restrictions. The total area of all ground signs shall
not exceed 100 square feet. Double-faced signs are permitted with
the maximum square footage permitted on each face.
(b)
Height restrictions. Ground signs shall not exceed 30 feet in
height above the street grade. The sign shall be no more than six
inches from the sign base, and the sign area shall not extend beyond
the support structure.
(c)
Setbacks. Ground signs shall be constructed a minimum of five
feet from the right-of-way line and a minimum of two feet from the
side lot line. In no case shall any part of the sign or sign supports
project beyond the existing right-or-way line or into the right-of-way.
Ground signs must also satisfy all vision triangle requirements of
this article.
(d)
Reader boards. Reader boards with a changeable message are allowed
as part of the total sign area calculation and shall conform to all
regulations prescribed in this article.
(e)
Number of signs. One ground sign shall be allowed per lot of
record.
(3)
Pole signs.
(a)
Area restrictions. The total area of all pole signs shall not
exceed 100 square feet. Double-faced signs are permitted with the
maximum square footage permitted on each face.
(b)
Height restrictions. All pole signs shall not exceed 30 feet
in height above the street grade. Signs shall be a minimum of 10 feet
above any landscaped area or lawn area, and all pole signs shall be
minimum of 15 feet above any driveway, sidewalk, parking area or alley.
(c)
Setbacks. Pole signs may be constructed up to and parallel with
the right-of-way line, but in no case shall any part of the sign or
sign supports project beyond the existing right-of-way line or into
the right-of-way. All pole signs must also satisfy all vision triangle
requirements of this article.
(d)
Reader boards. Reader boards with a changeable message are allowed
as part of the total sign area calculation and shall conform to all
regulations prescribed in this article.
(e)
Number. One pole sign shall be allowed per lot of record.
(4)
Off-premises signs.
[Added 6-12-2017]
(a)
Off-premises signs shall be permitted in the U.S. Highway 29
and Interstate I-39 commercial and industrial districts within the
primary viewing of U.S. Highway 29 and I-39 and according to WisDOT
permitting. No off-premises sign shall exceed 700 square feet per
sign.
(b)
Off-premises signs shall not be permitted along U.S. Business
Highway 51 or lands that are not adjacent to the highway corridor
areas of U.S. Highway 29 and Interstate I-39 in commercial and industrial
districts.
(c)
An off-premises sign shall not be closer than 500 radial feet
from another off-premises sign.
(d)
An off-premises sign shall not be installed to have any part
of such sign more than 35 feet above the traveled highway that the
sign is directed to be visible from.
