A.
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
tenant and every person in charge or responsible for or who causes
the construction, repair, relocation or alteration of any outdoor
sign and other advertising structures in the Village of Baldwin; painting,
posting and general maintenance are excepted.
B.
The intent of this article is also to assist the business community in promoting individual businesses by encouraging and maintaining the quality, design and consistency of signage as related to property values on which the signage is located and adjacent property. It is not the intent of this chapter to inhibit or stifle the use of innovative concepts or originality in designing signs to be erected in the Village. For this reason, special exceptions may be granted under the provisions of § 635-64 of this article.
[Added 3-13-2013]
The following definitions are used in this article: (Note: Not
all types of signs defined herein are permitted under this article.)
A sign which no longer correctly advertises a bona fide business,
owner, landlord/tenant, product or activity conducted or product available
on the premises where the sign is displayed or elsewhere.
Any modification in the size, height, dimensions, type, location
or mounting of a sign other than routine maintenance. "Routine maintenance"
includes modifying existing sign face.
[Added 3-13-2013]
Any sign or part of a sign which changes physical position
by movement or rotation or gives the illusion of such change of physical
position.
The entire area within a single continuous perimeter composed
of squares or rectangles which encloses the extreme limits of an advertising
message, announcement, or decoration.
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.
A movable 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. For purposes of this article, an "awning
sign" is any awning. Decorative awnings without lettering or imagery
are not considered signs.
A banner sign is generally constructed of a flexible, nonrigid
material (including but not limited to canvas, cloth, plastic, vinyl,
etc.) upon which goods, events or advertising has been placed, mounted
to a pole or a building by a permanent frame at one or more edges.
National flags, state or municipal flags, or the official flag of
any institution or business shall not be considered banners.
[Amended 3-13-2013]
A flat surface, as of a panel, wall or fence, on which signs
are posted advertising goods, products, facilities, or services not
necessarily on the premises where the sign is located or directing
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.
The horizontal, linear dimension of that side of a building
which faces a street, a parking area, a mall, or other circulation
area open to the general public and having either a main window display
of the enterprise or a public entrance to the building. (In industrial
districts, a building side with an entrance open to industrial employees
also shall qualify as a building front.)
A sign used for the purpose of notification to the public
of an event or occurrence of public interest, such as a church service,
political rally, civic meeting or other similar event.
A canopy is rooflike cover which has a purpose of shielding
from the elements and which is not retractable such as an awning.
An attached canopy is attached to and projects from the wall of a
building. A freestanding canopy is self-supported, such as a covering
over a service station island.
[Amended 3-13-2013]
Any sign attached to or constructed in, on or under a canopy;
for the purpose of this article, canopy signs shall be controlled
by the rules governing projecting signs.
A sign such as a manual, electronic or electric controlled
time and temperature sign message center, or reader board, whether
electronic or manual, where copy changes. Any sign may be, or include
as part of it, a changeable message sign.[1]
Any sign that directs the movement or placement of pedestrian
or vehicular traffic on a lot and does not contain any advertising
copy.
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-occupant commercial and industrial buildings.
[Amended 3-13-2013]
The area made available by the sign structure for the purpose
of displaying the advertising message, or which is intended to draw
attention to the advertising message.
The distance from the exterior wall surface of the building
to the outer extremity of a sign attached to a building.
Any sign containing internal electrical wiring which is attached,
or intended to be attached, to an electrical energy source.
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, charitable or other noncommercial
activities, or the advertising of products or services for sale on
the premises. This also includes traveling or segmented message displays.
[Amended 3-13-2013]
A flag is the officially or formally recognized and complete,
unadulterated symbol for a nation, state, municipality or corporation,
or an official flag of a division of the United States military, or
a prisoner of war flag, whether it is on fabric or printed on a hard
surface. Portions of flags or modified/adulterated flags are not "flags"
under this chapter.
[Added 3-13-2013]
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.
See definition for "wall sign."
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
[Amended 3-13-2013]
The term "frontage" as used in this article for determining
allowable number or size of signs on a given parcel shall mean frontage
on a public street from which legal access to that parcel is gained
or can be gained.
The elevation or level of the sidewalk closest to the sign
to which reference is made. If no sidewalk is present, then grade
shall be defined as the elevation or level of the street at the same
point, measured at the street's center line.
The area of a sign determined by using the outside perimeter
dimensions of the sign. If the sign consists of more than one module
or section, their areas will be totaled. If the modules are formed
in the shape of letters or symbols, the rules for area of copy apply.
A freestanding sign which does not exceed 20 feet in height
above the mean center line street grade.
The vertical distance measured from the mean center line
street grade to the highest point of the sign. If sign and sidewalk
are not in essentially parallel planes, then measured vertically at
the horizontal midpoint of the 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.
An internally illuminated awning fabricated from a translucent
material, or one which is backlighted as to appear to illuminate the
awning sign. An illuminated awning may be used for an awning sign
when other requirements are met.
An internally illuminated canopy, or one which is backlighted
as to appear to illuminate the canopy sign.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign that is illuminated from a source outside of the actual
sign.
A sign which serves a common or collective identification
for two or more businesses or industrial uses on the same lot. Such
sign may contain a directory to said uses as an integral part thereof.
Any sign which was already in existence and displayed on
the effective date of this article, which met code requirements when
originally installed, but not meeting the requirements and limitations
of this article.
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 attached to or constructed in a marquee.
Any sign which does not conform to the regulations of this
article.
Any sign, device or display which advertises goods other
than that commonly available or services other than that commonly
performed on the premises on which the sign is located.
A sign identifying or advertising a business, person, activity,
goods, products or services located on a premises where the sign is
installed and maintained.
Signs painted directly onto a building wall.
Any sign displaying a candidate for an election, or a current
referendum's or election's subject matter.
Any sign not permanently attached to the ground or a building
which is designed to be easily moved from one location to another.
A sign other than a wall sign which projects from a wall
or roof and is supported by a wall or roof of a building. (See "wall
sign.")
A freestanding sign which is greater than 20 feet in height
above the mean center line street grade.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
The highest point on any building where an exterior wall
encloses usable floor area including roof area provided for housing
mechanical equipment.
A sign erected upon or above the roof line or parapet of
the building or structure.
A hinged or unhinged A-frame portable sign which is generally
temporary in nature and placed near the roadway.
Any object or device or part thereof situated outdoors or
indoors which is used to advertise, identify, display, direct or attract
attention to an object, person, institution, organization, business,
product, service, event or location by any means including words,
letters, figures, designs, symbols, fixtures, colors, motion, illumination
or projected images.
Any person, partnership or corporation engaged in whole or
in part in the business of erection or maintenance of signs, excluding
the business which the sign advertises.[2]
A building permit issued for the erection, construction, enlargement, alteration, moving, improvement, removal, conversion or demolition of any sign, issued pursuant to this article and Chapter 235, Building Construction.
Any supports, uprights, braces and framework of the sign
which does not include any portion of the sign message.
A sign identifying a subdivision wherein only the name of
the subdivision is specified.
A sign installed on an arm or mast or spar that is not, in
addition, permanently fastened to an adjacent wall or upright pole
to limit or prevent free swinging.
Any sign which is erected or displayed for a limited period
of time not to exceed 30 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed 32 square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this article, a portable sign is not a temporary sign.
Any sign which advertises or directs attention to a business,
commodity, service or activity conducted, sold or offered elsewhere
than on the lot on which said sign is located.
An electrically controlled sign displaying time and temperature
for public service information and may be incorporated into a business
identification sign.
Where special conditions affecting a particular property,
which were not self-created, not a mere inconvenience or financial
hardship, have made strict conformity with restrictions governing
number, size, height, location and type of signs unnecessarily burdensome
or unreasonable in light of the purposes of this chapter.
[Added 5-12-2021]
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. For purposes of this article, a window
sign shall not include any sign permanently attached in the window
or directly painted on the glass.
[1]
Editor's Note: The original definition of "copy area," which
immediately followed this definition, was repealed 3-13-2013.
A.
Permit required.
(1)
Except those specified in § 635-54, no sign, billboard, awning or canopy, as defined in this article, 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.
(2)
Signs also shall meet all other structural requirements of other
applicable codes and ordinances of the Village of Baldwin.
(5)
Any sign permit granted hereunder may not be assigned or transferred
to any other sign or modified sign face or sign structure.
B.
Application for a permit. Any person, firm, corporation or organization
desiring to place, erect, alter or relocate a sign, as herein defined,
except an exempt sign, shall make application to the Zoning Administrator
and shall provide in writing the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name and address of the owner or owners of the premises upon
which the sign is to be attached or erected, including written proof
of consent from the property owner upon which the sign(s) is to be
erected and maintained.
(3)
The street number and street name or tax parcel number of the land
upon which the sign is to be attached or erected.
(4)
A legible scaled drawing with description and dimensions of the sign(s)
to be erected or maintained under that permit and the sign's proposed
location on the building or site.
(5)
The basic materials to be used in the construction of the sign.
(6)
The name, address and telephone number of the owner of the sign if
he or she is neither the applicant nor the owner of the premises on
which the sign is to be attached or erected.
(7)
A description of all electrical equipment if the sign is to be lighted
or illuminated.
(8)
Proof of payment of the appropriate sign permit fee, when required.
(9)
Any other item of information that may be reasonably required by
the Zoning Administrator or other Village officials for the purpose
of application evaluation.
C.
Plan Commission application review. If the application is complete
and the sign conforms to the basic requirements of this article, the
following actions shall be taken:
(1)
If the sign is less than or equal to 40 square feet in area, the
Zoning Administrator may issue a permit.
(2)
If the sign is larger than 40 square feet, the sign shall be reviewed by the Plan Commission and a recommendation will be made to the Village Board, except those signs designated in § 635-54.
[Amended 3-13-2013]
(3)
The Plan Commission shall review any application for the use of search
lights or for placement of over-the-street banners.
(4)
The Plan Commission shall review all applications within 30 days of submittal. The Plan Commission shall review the applications and apply the established Sign Design Review Guidelines prescribed in Subsections D and E. If the Plan Commission cannot act to approve, deny or to agree with the applicant to extend the time within the thirty-day review period, the Zoning Administrator shall be authorized to act on the application using the established Sign Design Review Guidelines.
D.
Basis for granting. In reviewing a sign permit application, the Zoning Administrator and/or Plan Commission may consider the following factors in deciding whether or not to grant the issuance of a sign permit (see also Subsection E below):
(1)
Whether the sign is designed, installed, and maintained to promote
the surrounding environment desired by the general public, pursuant
to the objectives of proper design and zoning criteria.
(2)
Whether the sign is designed, constructed, installed, or maintained
in such a manner that it does not endanger public safety or traffic
safety.
(3)
Whether the sign is legible, readable, and visible in the circumstances
in which it is to be used.
(4)
Whether the sign, including size, height, illumination and location,
is respectful of reasonable rights of other advertisers whose messages
are displayed in the area.
(5)
Whether the sign is in compliance with the provisions of this article.
(6)
Whether the sign is in compliance with the provisions of this Code
relating to traffic safety, traffic visibility setbacks, historic
preservation and zoning.
E.
Sign design review guidelines. In addition to the criteria established in Subsection D above, the following Sign Review Guidelines shall be used by the Plan Commission in making recommendations on sign permit applications and by the Zoning Board of Appeals in acting on appeals or variance requests:
[Amended 3-13-2013]
(1)
Any signage affixed to a building should be dimensioned and located
in such a manner that it fits the building's architectural features
and proportions.
(2)
All signs should be designed to fit the zoning and status character
of the surrounding area. Special consideration should be made where
proposed signage is located on or adjacent to locally identified historic
structures or publicly owned recreation and conservancy areas. Signage
in special planning areas, such as the downtown or historic preservation
areas, will be required to conform to the planned dominant architectural
theme of the area. Signage in or abutting residential properties should
be designed and located so as not to create a residential nuisance.
(3)
As a general guideline and where feasible, ground-mounted, freestanding
signs larger than six square feet shall be located at least 100 feet
apart.
(4)
Signs illuminated by floodlight or spotlights must be positioned
in such a manner that none of the light spills over onto an adjoining
property or glares or shines into the eyes of motorists or pedestrians,
and may not exceed three footcandles at the lot line.
(5)
As a general guideline, the number of colors and materials should
be kept to a minimum.
(6)
Landscape features will be encouraged as part of all ground-mounted
signs. Landscape plantings or other landscape materials will not be
counted as part of the allowable signage area.
F.
Permit issuance/denial.
(1)
All sign permit applications shall be reviewed by the Zoning Administrator, who shall deny or grant such applications or refer the application to the Plan Commission within 10 business days of receipt of the complete application and payment of fee. If the application does not meet the requirements of this article, the Zoning Administrator shall inform the applicant that a special exception may be applied for pursuant to § 635-64. If the sign meets the requirements of this article, all other ordinances of the Village and the approval of the Plan Commission as established herein, the Zoning Administrator shall issue a permit therefore.
[Amended 3-13-2013]
(2)
If the sign permit is denied by the Zoning Administrator, within
five days, a written notice of the denial shall be provided to the
applicant, together with a brief written statement of the reasons
for the denial.
[Amended 3-13-2013]
(3)
No permit for a sign issued hereunder shall be deemed to constitute
permission or authorization to maintain an unlawful sign, nor shall
any permit issued hereunder constitute a defense in an action to abate
an unlawful sign.
G.
Inspection. The applicant shall, upon completion of the installation,
relocation or alteration of the sign, notify the Zoning Administrator
who may inspect the premises to inspect whether the sign complies
with the regulations of this article.
H.
Appeal of denial of sign permit.
(1)
Any decision of the Plan Commission or Zoning Administrator under
this article may be appealed to the Zoning Board of Appeals. A request
for an appeals hearing shall be made in writing to the Zoning Administrator
within 30 days of the date of permit denial.
(2)
A majority vote of the Zoning Board of Appeals is required to modify
the earlier determination of the Zoning Administrator or Plan Commission.
I.
Permit revocation; appeal.
(1)
A sign permit may be revoked by the Zoning Administrator in the event
that the applicant has failed to comply with the provisions of these
regulations or any conditions that may have accompanied the permit
at the time of granting.
(2)
The holder of a revoked sign permit may appeal such revocation action
to the Zoning Board of Appeals. A request for an appeals hearing shall
be made in writing to the Zoning Administrator within 30 days of the
date of the original permit revocation.
(3)
Upon any permit revocation or failure to prevail before the Zoning
Board of Appeals, the sign(s) subject to such revoked permit shall
be removed by the permittee within 30 days of such revocation.
[Amended 3-13-2013]
(4)
Revocation shall not give cause to a right of total or partial reimbursement
of permit fees paid.
[Amended 3-13-2013]
J.
Standards for Board of Appeals in reviewing appeals. If the Board of Appeals finds that the application and sign would not meet the requirements of this article, the Board shall not overturn the decision, but instead shall refer the application to the special exception procedures of § 635-64. Other than where a special exception is applicable, the Board of Appeals may authorize upon appeal, in specific cases, issuance of a sign permit when such decision will not be contrary to the public interest and so that the spirit of this article shall be observed. No Board of Appeals appellate decision shall have the effect of allowing in any district uses prohibited in that district or permit standards significantly lower than those required by state law or this article.
[Amended 3-13-2013]
K.
Stay of proceedings during appeals. An appeal shall stay all legal
proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the Zoning Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his/her
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Zoning Board of Appeals or by a court
of record on application, on notice to the Zoning Administrator and
on due cause shown.
L.
Signs in historic districts. In addition to these sign regulations, all signs within any historic district shall be subject to the provisions of Chapter 338, Historic Preservation.
M.
Permit validity. Any sign permit issued by the Zoning Administrator
shall be null and void and automatically revoked in the event that
construction, installation, or manufacture of the sign has not been
commenced within 180 days from the date of the issuance of such permit.
If work authorized by such permit is suspended or abandoned for a
period of 90 days any time after the work is commenced, the original
permit shall become null and void. A new permit shall first be obtained
to complete the work, and a new permit fee shall be required.
The following signs may be erected and maintained in all zoning
districts, except where noted, without a permit and without being
deducted from gross sign surface area permitted:
A.
Bulletin boards. One bulletin board per street frontage, and not
over 32 square feet in area, for public, charitable or religious institutions
located on site.
B.
Government signs. Government signs for control of traffic and other
regulatory purposes, danger signs, railroad crossing signs, and signs
of public utilities indicating danger, and aids to service or safety
which are erected by or on the order of a public officer in the performance
of his/her public duty. Included within this definition are off-premises
institutional signs.
C.
Interior signs. Signs located within the interior of any building
or structure which are not visible from the public right-of-way.
D.
Memorial signs. Memorial signs or tablets, names of buildings and
date of erection when cut into any masonry surface, or inlaid so as
to be part of the building.
E.
Occupant signs. Signs limited in content to name of occupant, address
of premises, and signs of danger. Occupant signs shall be a maximum
of one per street front and no more than three square feet in sign
area.
F.
Governmental notices. Official governmental notices and notices posted
by governmental officers in the performance of their duties; governmental
signs to control traffic or for other regulatory purposes or to identify
streets or to warn of danger.
G.
Temporary construction safety signs. Temporary or permanent signs
erected by public utility companies or construction companies to warn
of dangerous or hazardous conditions.
H.
Traffic and service signs on private premises. Traffic and parking
signs and devices privately owned and on private premises, and containing
messages such as "exit only," "restricted for __________," and the
like, the sole purpose of which is to direct and control traffic on
the premises and which does not exceed 10 feet in height nor contain
more than 12 square feet per face. 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 permit under this exception.
I.
Signs required by law. Signs required by law, statute or ordinance,
constructed and maintained according to the law, statute or ordinance
under which the sign was erected.
J.
Real estate signs. One sign per street frontage may be placed on
the offered property and shall not be more than seven square feet
in size for residential property and not more than 32 square feet
in area for nonresidential property. The sign may only advertise the
sale, rental or lease of the premises upon which it is located and
contain the name and/or logo of the real estate company, or individuals
and their respective addresses and telephone numbers, posting the
sign. Such signs shall be removed within 30 days after sale, rental
or lease of the property.
K.
Signs in display windows. Signs in the display window of a business
which relate to services or products offered therein. This display
sign exception is only permitted for properties in the following zoning
districts: C-1 Local Commercial District, C-1-H Highway Commercial
District and C-2 General Commercial District. The window sign must
direct attention to a business or profession conducted on the premises
or to a product, service or entertainment sold or offered on said
premises. Window signs shall be placed only on the inside of commercial
buildings and shall not exceed 35% of the glass area of the pane upon
which the sign is displayed.
L.
On-premises symbols or insignia. Religious symbols, commemorative
plaques of recognized historic agencies, or identification emblems
of religious orders or historical agencies.
M.
On-premises temporary and portable signs in residential districts.
Temporary or portable signs under 20 square feet for the purpose of
an on-site open house, model home demonstration, special event such
as a birthday or anniversary, and for five days thereafter, but may
not exceed a total period of 30 days per twelve-month period.
N.
Civic event temporary signs. Temporary off-premises signs not exceeding
four square feet in residential or public lands districts, or 32 square
feet in the C-1, C-1-H, C-2 and I-1 Districts, pertaining to drives
or events of civic, philanthropic, educational, religious, or nonprofit
organizations, provided such signs are posted not more than 30 days
before said event and removed within seven days after the event.
O.
Political signs. Political message, public election or referenda
signs during an election campaign period, as defined in § 12.04(1),
Wis. Stats., limited to one per premises per candidate or referenda
question. Said sign shall be a maximum of 16 square feet.
[Amended 3-13-2013]
P.
Rummage/garage sale signs. 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. Rummage or garage sale signs may only be located
on the day of the garage sale within street right-of-way lines between
the private property line and the pavement edge with the permission
of the adjoining private property owner or renter in a location which
does not create a visibility or traffic hazard (as determined by the
Zoning Administrator or a law enforcement officer).
Q.
Open/close signs. Illuminated and nonilluminated signs not exceeding
10 square feet in area announcing that a business is open or closed.
R.
Third-party
sign. Business names on propane tanks, fuel tanks, garbage receptacles
or other temporary items moved on a regular basis are exempt from
needing a sign permit.
[Added 3-13-2013]
S.
Corrugated/cardboard/plastic
signs. Signs on a wire frame that push into the ground are limited
to three per property in commercial and industrial zones. Signs of
this nature may be posted for 30 days. Said signs shall be a maximum
of four square feet total. Under no circumstance are these types of
signs permitted in public rights-of-way.
[Added 3-13-2013]
T.
Flags. A maximum of four flags or pennant-shaped flags may be displayed for each principal building. If a flag is used in a sign as a part of that sign rather than as a stand-alone flag, then the regulations applicable to that sign shall apply. Additional flags, as defined in § 635-52, may be temporarily displayed for no longer than two weeks surrounding any national holiday.
[Added 3-13-2013]
[Amended 3-13-2013]
In addition to those permitted signs not requiring a permit pursuant to § 635-54, the following nonflashing, nonilluminated signs (except as otherwise provided) are permitted under the conditions specified in all residential districts, and planned unit developments (residential) established by this chapter:
A.
Temporary signs accessory to subdivision developments or other permitted
improvements in residential districts, subject to the following:
(1)
Content. The signs shall be only for the purpose of identification
of homes for sale or rent in the subdivision under construction, of
lots for sale, or for the identification of other nonresidential uses
under construction.
(2)
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)
Height. No sign shall project higher than eight feet above curb level.
(4)
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 or when the parcels being advertised are sold, whichever
occurs first.
B.
Permanent subdivision identification signs, subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or
development.
(2)
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 approval by the Zoning Administrator.
(3)
Height. No sign shall project higher than eight feet above curb level.
(4)
Location. 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.
C.
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
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 shall exceed 32 square feet in area nor be closer
than five feet to any lot line.
(2)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(3)
Height. No sign shall project higher than one story or 15 feet above
the curb level, whichever is lower.
D.
Bed-and-breakfast signs. Subject to the following:
(1)
Content. The sign shall bear only the name, address and other pertinent
information regarding the bed-and-breakfast establishment.
(2)
Area and number. There shall not be more than one sign per lot street
frontage. No sign shall exceed 16 square feet in area. Such sign shall
have a ten-foot setback from a public right-of-way or lot line.
(3)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(4)
Height. No sign shall project higher than six feet above the street
level.
E.
Home occupation/professional home office. Subject to the following:
(1)
Content. The sign shall bear only the name, address, hours and other
pertinent information regarding the on-site home occupation or professional
home office maintained in compliance with this chapter.
(2)
Area and number. There shall not be more than one sign per lot. No
sign shall exceed six square feet in area. Such sign shall have a
ten-foot setback from a public right-of-way or lot line.
(3)
Projection. No sign shall project beyond the property line into the
public right-of-way.
(4)
Height. No sign shall project higher than six feet above the street
level.
A.
Permitted signs. The following signs shall require a permit to be
issued by the Village of Baldwin. Signs may be permitted in specific
zoning categories, subject to the following restrictions.
B.
Height and setback requirements. In commercial, medical or industrial
zoning districts where setbacks are required for building construction,
no part of any sign shall extend over the property line. In zoning
districts where no front yard setbacks are required, a sign must be
attached to the building and shall project no more than four feet
over the abutting public sidewalk or established street grade.
[Amended 8-13-2014]
C.
Number of signs permitted.
(1)
Total number. No more than two signs of any type shall be located
at any business, except that premises occupied by a shopping center,
medical campus may, as an alternative, have one detached directory
sign plus one wall sign for each place of business located in said
shopping center, provided that the aggregate total area of all signs
located on any premises so occupied shall not exceed the total area
permitted for one detached sign and one flat sign as set forth in
this article.
[Amended 8-13-2014]
(2)
Corner lots. Businesses with streets fronting both sides shall be
allowed two types of signs for each street frontage; no street frontage
buildings shall be allowed two of the same type of sign for that particular
business.
D.
Types of signs; maximum size, number and location.
(1)
Directory signs. Directory signs advertising a business or activity
conducted, an area of interest, or a service available at a specific
location are permitted in the C-1, C-1-H, C-2, M-1 and I-1 Districts
when a part of a Village-sponsored directory sign program. Such signs
shall be not more than 24 square feet in gross area. There shall not
be more than two such signs relating to any one such use in the approaching
direction along any one highway. Such signs may be placed at the right-of-way
line of the highway. A larger number of signs may be permitted by
the Plan Commission if the Plan Commission shall find it necessary
for directing the traveling public. The Plan Commission shall designate
a uniform sign design for such directory signs.
[Amended 8-13-2014]
(2)
Wall signs. Wall signs are permitted in the C-1, C-1-H, C-2, M-1
and I-1 Districts. Wall signs placed against the exterior walls of
buildings shall not extend more than 16 inches outside of a building's
wall surface, nor extend above or beyond the wall itself. Total sign
area (including multiple business/tenant signs on a single property)
shall not exceed one square foot for each linear foot of the building
parallel with the main street frontage. Rear or side entrance signs
are subject to the same size restrictions as that found at the principal
(front/main) entrance to the building. Signs on other building facades
(i.e., non-entrance side facades) are limited to 1/2 square foot per
linear foot of such facade. All signs attached or affixed to a building
shall not exceed 20 feet in height above the mean center line street
grade.
[Amended 8-13-2014]
(3)
Projecting signs. Projecting signs fastened to, suspended from, or
supported by a building or structure shall not exceed in gross area
for any one premises 40 square feet on each of two faces in the C-1-H,
M-1, I-1 Districts. With the exception of existing marquee signs of
historic interest, permits shall not be issued for new projecting
signs in the C-1 Local Commercial District. Such signs shall not extend
into any public right-of-way; shall not exceed a height of 20 feet
above the mean center line street grade; and shall not be less than
10 feet above a pedestrian walk nor less than 15 feet above an alley
or driveway.
[Amended 3-13-2013; 8-13-2014]
(4)
Ground signs. Ground signs shall be located only in a C-1, C-1-H,
C-2, M-1 or I-1 District. Ground signs and their supporting structure
shall comply with all setback requirements of the district in which
they are located, except that ground signs in an M-1 or C-1-H District
may be located up to a public right-of-way. Ground signs shall not
exceed in gross area for any one premises 40 square feet on each side
in a C-1 Local Commercial District; 120 square feet on each side in
an M-1 or C-1-H District; or 160 square feet on each side in an I-1
Industrial District. Such signs shall not exceed at their highest
point 20 feet in height above mean center line street grade. One ground
sign is permitted on a street frontage, provided there is no pylon
sign on that side.
[Amended 8-13-2014; 6-14-2017]
(5)
Pylon signs. Pylon signs shall be located only in a C-1-H, M-1 or I-1 District. Except as provided in Subsection D(8) of this section, pylon signs shall not exceed 30 feet. Height is measured above the mean center line street grade. The sign shall be completely within the property upon which it is located. One pylon sign per street frontage is permitted. Except as provided in Subsection D(8) below of this section, size is limited to 100 square feet for one side, or 200 feet for all sides. Except as provided in Subsection D(8) of this section, in a property zoned in a C-1-H or M-1 District with continuous road/highway frontage in excess of 300 feet, the size is limited to 200 square feet per side or 400 square feet for all sides.
[Amended 8-13-2014; 6-14-2017; 7-10-2019]
(6)
Off-premises third-party signs. Off-premises third-party signs are prohibited, except that a business in a C-2 District may have an off-premises pylon or ground sign shared with a physically adjacent business on the adjacent business' property. Such a shared sign shall comply with the dimensional requirements of Subsection D(4) and (5) above, except that the secondary sign's dimensions shall not exceed 50% of the primary sign's maximum allowable dimensions. Such signs shall share the same pylon or ground sign mountings.
(7)
Shopping center/industrial park/medical campus directory signs. In
a shopping center, medical campus or industrial park, one freestanding
identification/directory sign for each street upon which the development
fronts may be permitted showing the name of said center or park and
represented businesses or industries. Directory signs for shopping
centers, medical centers or industrial parks are permitted as an alternative
to ground signs or projecting signs for individual stores in the shopping
center or business in the industrial park. The top of a directory
sign shall not exceed 32 feet in height above the mean center line
street grade and the bottom of the sign shall not be less than 10
feet above the sidewalk and not more than 16 feet above a driveway
or alley. Double supporting pylons shall not be greater than 10 feet
apart. That portion of the directory sign which advertises the shopping
center, medical campus or industrial park name shall not exceed 300
square feet for one side and a total of 600 square feet for all sides.
That portion of the directory sign which advertises the individual
store/business name shall not exceed 16 square feet for one side and
a total of 32 square feet for all sides. Directory signs shall meet
all yard requirements for the zoning district in which they are located.
[Amended 11-12-2008; 8-13-2014]
(8)
Special limitations for pylon signs within I-94 corridor. Any pylon
sign in a C-1-H, M-1 or I-1 District and located within the I-94 corridor
in the Village of Baldwin shall not exceed 90 feet in height or 520
square feet in area.
[Amended 3-13-2013; 8-13-2014]
(9)
On-site banner signs special limitations for I-94 Corridor (zoning districts C-1-H, M-1 and Industrial). On-site banner signs greater than 30 square feet may be permitted only as special exceptions pursuant to § 635-64.
[Added 3-13-2013; amended 3-13-2013; 8-13-2014]
(10)
All illuminated signs, canopies, awnings are to have an NIT
maximum of 5,000 during the day and an NIT minimum of 500 at night,
with "day" being defined as sunrise to sunset.
[Added 5-12-2021]
A.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on
the premises or to present public service information.
(2)
Segmented messages must be displayed for not less than 1/2 second
and not more than 10 seconds.
[Amended 3-13-2013]
(3)
Traveling messages may travel no slower than 16 light columns per
second and no faster than 32 columns per second.
B.
Portable signs/message boards (except sandwich signs regulated by § 635-57D). Such signs shall be a maximum of 64 square feet. There is to be no more than one sign on the property at any given time. One portable sign does not count against the total number of signs allowed in the specified zoning district. The message on the sign must have a noticeable change on a monthly basis. Portable signs/message boards shall not be located in any public rights-of-way and shall be securely fastened to prevent any hazardous condition. A combination of portable sign/message board and on-site banners is not allowed.
[Amended 3-13-2013]
C.
Search lights. The Plan Commission 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.
D.
Sandwich signs/boards. In instances where the property owner or business
tenant in a commercial 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 eight square feet per
side display area. Sandwich signs may be placed in front of the business
during hours of operation and shall be placed in a manner so as not
to present a hazard.
[Amended 3-13-2013]
E.
On-site banner signs. Up to three on-site banner signs no greater
than 30 square feet each are allowed in C-1, C-1-H, M-1 and Industrial
zones. On-site banners do not count against the total number of signs
allowed in the zoning district. On-site banners shall not be located
in any public rights-of-way and shall be securely fastened to prevent
any hazardous condition.
[Amended 3-13-2013; 8-13-2014]
F.
Over-the-street banners. Except for civic activities and unless approved
by the Plan Commission, over-the-street banners are not permitted.
G.
Neon signs. Exterior neon or gas illumination signs require a sign
permit.
A.
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)
Support. Awnings shall be securely attached to and supported by the
building and shall be without posts or columns beyond the setback
line.
(2)
Height. All awnings shall be constructed and erected so that the
lowest portion thereof shall be not less than eight feet above the
level of the public sidewalk or public thoroughfare.
(3)
Awning extension from curbline. No awning shall extend beyond a point
eight feet from the face of a wall or building nor closer than two
feet to back of curb.
[Amended 3-13-2013]
(4)
Advertising. No advertising shall be placed on any awning, except
that the name and logo of the establishment within the building to
which the awning is attached may be painted or otherwise permanently
placed in a space not exceeding eight inches in height on the front
and side edges.
B.
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)
Support. The structural support of all canopies shall be properly designed and be approved by the Zoning Administrator as in compliance with Chapter 235, Building Construction. All frames and supports shall be designed to withstand a wind pressure as provided in this article. All canopy ground supports shall exist beyond the setback line.
[Amended 2-6-2013]
(2)
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)
Canopy extension from curbline. No entrance canopy shall extend beyond
a point eight feet from the face of a wall or building nor closer
than two feet to back of curb.
[Amended 2-6-2013; 3-13-2013]
(4)
Advertising. No sign shall be placed on any canopy, except that the
name and logo of the establishment may be painted or placed in a space
on the front and side edges. The name and logo size for an attached
canopy shall not exceed 24 inches in height and for a freestanding
canopy shall not exceed the canopy face height. The name and logo
on a canopy does not count against the total number of signs allowed
in the zoning district.
[Amended 2-6-2013]
Landscape features such as plant materials, berms, boulders,
fencing and similar design elements unincorporated or in conjunction
with freestanding signs are encouraged and shall not be counted as
allowable sign area. The base of signs shall be landscaped so as to
conceal footings, mountings, brackets, and related structural elements.
A.
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.
Moving or flashing signs. No sign shall be erected which has any
flashing, rotating or brilliant intermittent parts or lights, bare
reflecting-type bulbs, or utilizes a spot or beacon light to illuminate
a sign, except those giving public service information such as time,
date, temperature, weather or similar information. Public information
display signs require approval by the Plan Commission. 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.
Signs on public rights-of-way. Signs, including sandwich boards,
shall not be permitted on public rights-of-way, except for municipal
traffic control, parking and directional signs, sandwich boards in
the C-2 Zoning District and as otherwise specified in this article.[1]
D.
Billboards. No new billboards shall be permitted in the Village of
Baldwin after the effective date of this article. Billboards located
upon property annexed to the Village and existing as of the effective
date of this article are permitted to remain unless the owner structurally
alters such billboard in any manner. If damaged, or if structural
alteration is made/required, such billboard shall be permanently removed.
However, any billboards existing as of the effective date of this
article must be removed permanently within three years following annexation,
and with such removal being agreed to in writing by the owner/lessor/lessee
thereof in writing prior to such annexation.[2]
E.
Immoral sign subjects. Signs which bear or contain statements, words,
pictures, or symbols of obscene, pornographic or immoral subjects
are prohibited.
F.
Roof signs. Roof signs are prohibited in the Village of Baldwin.
G.
Swinging signs. Swinging signs are prohibited.
H.
Third-party signs. Third-party signs and billboards are prohibited, except as provided in § 635-56D(6).
I.
Advertising vehicle sign configuration. No persons shall park any
vehicle or trailer on a public right-of-way or on private properties
so as to be seen 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
activity located on the same or nearby property or any other premises.
Business vehicles containing typical business signage and which are
actively used on a daily basis for business purposes are exempt from
this prohibition.
J.
Floodlighted and illuminated signs. Signs may be floodlighted or
illuminated, subject to the following restrictions:
(1)
Signs which are not effectively shielded so as to prevent beams or
rays of light from being directed at any portion of the traveled ways
of a public right-of-way and which are of such intensity or brilliance
as to cause glare or to impair the vision of the driver of any motor
vehicle, or which otherwise interfere with any driver's operations
of a motor vehicle, are prohibited.
(2)
Signs which are not effectively shielded as to prevent beams or rays
of light from being directed at any residential property, and which
are of such intensity or brilliance as to cause a public nuisance,
are prohibited.
(3)
No sign shall be so floodlighted or illuminated that it interferes
with the effectiveness of or obscures an official traffic sign, device,
or signal.
A.
General provisions.
(1)
Nonconforming sign criteria. Signs existing as of the effective date of this article which do not conform to the provisions of this article are nonconforming signs and shall be subject to the provisions of this section. Nonconforming signs may be maintained. No nonconforming on-premises sign shall be altered or moved to a new location without being brought into compliance with the requirements of this article. (Refer to Subsection B below.) Compliance is the responsibility of the property owner.
(2)
New signs not permitted. Business signs on the premises of a nonconforming
use or building may be continued per this section, but new signs for
such uses shall not be allowed, nor shall they expand in number, area,
height, or illumination. New signs, not to exceed the maximum allowable
aggregate sign area, may be erected only upon the complete removal
of all other signs existing at the time of adoption of this article.[1]
B.
Loss of legal nonconforming status.
(1)
In addition to the standards in Subsection A above, a sign may also lose its nonconforming status if one or more of the following occurs:[5]
(a)
If said sign is damaged by fire, flood, explosion, earthquake,
vandalism, 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. Provided, however, that a nonconforming
sign damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow, mold or infestation after March 2, 2006, may be restored
to the size, location, and use that it had immediately before the
damage or destruction occurred in accordance with § 62.23(7)(hc),
Wis. Stats.
(b)
The sign is relocated.
(c)
The sign fails to conform to the Village requirements regarding
maintenance and repair, abandonment or dangerous or defective signs.
(2)
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.
Legal nonconforming sign maintenance and repair. Nothing in this
article shall relieve the owner or use of a legal nonconforming sign
or the owner of the property in which the sign is located from the
provisions of this article regarding safety, maintenance and repair
of signs. However, legal nonconforming signs shall not be reinstalled,
reconstructed or have their useful life extended.
A.
Removal of dangerous signs. All signs shall be removed by the owner
or tenant of the premises upon which the sign is located if, 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 tenant fails to remove it, the Zoning
Administrator may remove the sign at cost of the owner, following
adequate written notice. The owner may appeal the decision of the
Zoning Administrator to the Zoning Board of Appeals.[1]
B.
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
no 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.
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 the Village of Baldwin
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
or Village ordinance.
A.
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 Building
Inspector or Zoning Administrator.
B.
General requirements.
(1)
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, snow) of the sign.
(2)
Projection. Signs including supports shall not interfere with surrounding
properties or traffic.
(3)
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.
(4)
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.
(5)
Annexed areas. All signs in newly annexed areas shall comply with
this article within three years of annexation.
[Amended 3-13-2013]
A.
Special exceptions to the sign regulations in this article may be granted by the Village Board following a recommendation from the Plan Commission, pursuant to the procedures in Article IV, Conditional Uses, of the Village Zoning Code, except that the following standards shall be taken into consideration in addition to the general conditional use standards found in Article IV of the Zoning Code and that the property owner shows that an unnecessary hardship (as defined in § 635-52) exists that would unreasonably prevent compliance with the sign regulations.
[Amended 5-12-2021]
B.
The Village Board, upon application as required, may grant a special
exception to the provisions of this article as it relates to the number,
size, location and type of signs that any organization or business
establishment may erect, affix or display, provided that the Board
considers all of the following factors:
(1)
Purpose of signing proposed.
(2)
Type of signing proposed.
(3)
Type of signing materials to be used.
(4)
Type of construction to be employed.
(5)
Appearance of proposed sign.
(6)
Location of building or structure in a particular zoning district
in which the business is situated where signing is proposed.
(7)
Size of proposed sign in relation to area facing of the building
or structure in which the business of the applicant is located.
(8)
Effect that the proposed sign will have on the appearance and character
of the applicant's property, adjacent and neighboring property, and
area in general.
(9)
Effect that proposed sign will have on the property values of the
applicant's property, adjacent and neighboring property, and area
in general.
(10)
Effect that the proposed sign will have on traffic and pedestrian
safety.
(11)
The legislative intent.
(12)
Such other matters that the Board deems relevant and material.
A.
Construction without permit. Any person, firm or corporation who
or which begins, erects, improperly alters, 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 penalty double
the amount of the permit fee otherwise required.
B.
Compliance notice.
(1)
If the Zoning Administrator finds any sign, awning or canopy regulated
herein unsafe or insecure or is a menace to the public, or has been
improperly erected, altered or maintained, he shall give written notice
to the sign owner and to the property owner.
(2)
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, per § 66.0627, Wis. Stats.
[Amended 3-13-2013]
C.
Violations; 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)
Any person found guilty of violating any part of this article who has previously been notified of being in violation, upon conviction thereof, be subject to a forfeiture as prescribed by § 635-89.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this article shall preclude
the Village from also maintaining any appropriate action to prevent
or remove a violation of any provision of this article.
