The purpose of this article is to establish minimum standards
to safeguard life and property and promote public welfare and community
aesthetics by regulating the appearance, construction, location and
maintenance of all signs, awnings, canopies and billboards. The provisions
herein contained shall be binding alike upon every owner of a building,
every lessee and every person in charge or responsible for or who
causes the construction, repair, relocation or alteration of any outdoor
sign and other advertising structures in the Village of Clyman; painting,
posting and general maintenance are excepted.
The following definitions are used in this article:
The area is the perimeter which forms the outside shape,
but excluding the necessary supports or uprights on which the sign
may be placed unless they are designed as part of the sign. If the
sign consists of more than one section or module, all areas will be
totaled. The area of an irregularly shaped sign shall be computed
using the actual sign face surface. The area of the irregularly shaped
sign shall be the entire area within a single continuous rectilinear
perimeter of not more than eight straight lines.
A temporary hood or cover which projects from the wall of
the building, which can be retracted, folded or collapsed against
the face of a supporting structure.
A sign which advertises goods, products or facilities, or
services not necessarily on the premises where the sign is located
or directs persons to a different location from where the sign is
located.
The unreasonable obstruction of view of a sign caused by
the placement of another sign.
A canopy is a shelter, with or without a sign, attached to
or connected with a building and extending into a setback or over
the public sidewalk.
A day shall be designated as a period of time in terms of
calendar days.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories. Directory signs shall be encouraged for use with advertising
of multiple-occupancy commercial and industrial buildings.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphics, time, date, temperature,
weather or information concerning civic, 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.
Any directly or indirectly illuminated sign on which artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise,
institution or principal products offered for sale on the premises
or combination of these.
A sign that is illuminated from a source outside of the actual
sign.
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 and made part of a marquee.
Any sign which does not conform to the regulations of this
chapter.
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.
Any sign displaying a candidate for an election or a current
election's subject matter.
Any sign not permanently attached to the ground which is
designed to be easily moved from one location to another.
Any sign extending more than 18 inches, but less than four
feet, from the face of a wall or building; such sign may not extend
more than three feet into the right-of-way.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any
building.
A sign shall include anything that promotes, calls attention
or invites patronage (or anything similar to the aforementioned) to
a business, location or product.
Any sign which is erected or displayed for a limited period
of time not to exceed 28 consecutive days or which is displayed only
during regular business hours and removed for storage at other times.
A temporary sign shall not exceed eight square feet in area. Examples
of temporary signs include banners and decorative-type displays. For
purposes of this chapter, a portable sign is not a temporary sign.
Any sign attached to, erected on or painted on the wall of
a building or structure and projecting not more than 16 inches from
such wall.
Any sign located completely within an enclosed building and
visible from a public way. For purposes of this chapter, a window
sign shall not include any sign permanently attached in the window
or directly painted on the glass.
A.
Application. Except those specified in § 440-50, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the Village of Clyman. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the Building Inspector shall also be required. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.
Required information. Application for a sign permit shall be made,
in writing, upon forms furnished by the Village which contain the
following information about the sign: dimensions, including display
surface; materials; illumination; wiring; height above grade; distance
from lot lines; and the person, firm or corporation erecting or altering
the sign. A permit is not required for a copy change when no change
in business name is involved.
C.
Permit fees. Required permit fees shall be paid to the Village Clerk-Treasurer
for each sign permit issued under this article; provided, however,
that a fee shall not be charged for putting an existing sign in conformity
with this article or for a copy change when no change in business
name is involved.
D.
Insurance. Any person, firm or corporation engaged in the business
of erecting, repairing, maintaining or relocating any sign shall maintain
in effect at all times a policy of liability insurance with limits
of $100,000 for bodily injury, $200,000, aggregate, and $100,000 property
damage. Proof of insurance shall be presented to the Zoning Administrator
before the sign permit is granted.
E.
Inspection. The applicant shall, upon completion of the installation,
relocation or alteration of the sign, notify the Zoning Administrator
who will assure the sign complies with the regulations of this article.
If a building permit was also required, the applicant shall also notify
the Building Inspector.
F.
Appeals. The Zoning Administrator may, at any time for a violation
of this article, revoke a permit or require changes so the sign conforms
with this article. The holder of a revoked permit shall be entitled
to an appeal before the Village Board. Any person, firm or corporation
aggrieved by any permit denial or decision by the Zoning Administrator
relative to the provisions of these sign regulations may appeal and
seek review of such decision to the Village Board.
All signs are prohibited in all residential, agricultural, public
and semipublic, and natural preservation districts except the following:
A.
Warning signs not to exceed four square feet located on the premises.
B.
Memorial signs, tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of metal and
affixed flat against the structure.
C.
Official signs, such as traffic control, parking restriction, information
and notices.
D.
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.
E.
Signs designating entrances, exits, service areas, parking areas,
rest rooms and other such signs relating to functional operation of
the building or premises shall be permitted without limitation other
than reasonable size and necessity.
F.
Signs not exceeding two square feet in area and bearing only property
numbers, post box numbers or names of occupants of premises.
G.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
H.
Legal notices, identification information or directional signs erected
by governmental bodies.
I.
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights.
J.
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
K.
Political message signs during an election campaign, as defined in
§ 12.04(1), Wis. Stats., limited to one per premises, and
subject to the Village Board's authority to regulate size, shape
and placement for the public safety. Political signs may be posted
60 days before an election and must be removed within 10 days after
said election. Said sign shall be a maximum of 32 square feet.
L.
Window (interior) signs are allowed with no permits.
M.
Signs over show windows or doors of a nonconforming business establishment
announcing without display or elaboration only the name and occupation
of the proprietor and not to exceed two feet in height and 10 feet
in length.
N.
House numbers or signs identifying parks or country clubs or official
bulletin boards.
O.
Real estate signs not to exceed eight square feet in area which advertise
the sale, rental or lease of the premises upon which such signs are
temporarily located.
P.
Bulletin boards for public, charitable or religious institutions
not to exceed 16 square feet in area located on the premises.
Q.
Agricultural signs pertaining to the products at the agricultural
premises not to exceed 30 square feet in area for any one farm.
A.
Permitted signs. The following signs shall require a permit to be
issued by the Village of Clyman. Signs may be permitted in all commercial,
planned unit development (commercial/industrial) and industrial districts,
subject to the following restrictions:
(1)
Wall signs. Wall signs placed against the exterior walls of buildings
shall not extend more than six inches outside of the wall surface;
shall not exceed 500 square feet of area for any one premises and
shall not exceed 20 feet in height above the mean center-line street
grade.
(2)
Projecting signs; collapsible awnings. Projecting signs and collapsible
awnings fastened to, suspended from or supported by structures shall
not exceed 100 square feet in area for any one premises; extend more
than six feet into the required yard; shall not extend more than three
feet into any public right-of-way; shall not be less than five feet
from all side lot lines except awnings; shall not exceed a height
of 23 feet above the mean center-line street grade; shall not be less
than 10 feet above the sidewalk, except eight feet for awning, nor
18 feet above a driveway or an alley.
(3)
Ground signs. Ground signs shall not exceed 20 feet in height above
the mean center-line street grade; shall meet all yard requirements
for the district in which it is located and only one sign for each
street frontage shall be permitted.
(4)
Roof signs. Roof signs shall not exceed 10 feet in height above the
roof; shall meet all the yard requirements for the district in which
it is located; and shall not exceed 300 square feet in area on any
one premises.
(5)
Window signs. Window signs shall be placed only on the inside of
commercial buildings and shall not exceed 25% of the glass area of
the pane upon which the sign is displayed.
(6)
Combinations of signs. Combinations of any of the above signs shall
meet all the requirements for the individual signs.
B.
Facing. No sign except those permitted in Subsection A shall be permitted to face a residence district within 100 feet.
C.
Lighting. Business and industrial signs may be internally lighted
or illuminated by a hooded reflector; provided, however, that such
lighting shall be arranged to prevent glare and no sign shall be lighted
by a light of intermittent or varying intensity. Animated signs, or
signs having moving parts, or signs which may be mistaken for traffic
signal devices, or which diminish the visibility or effectiveness
of such traffic signal devices are prohibited.
D.
Signs causing obstruction prohibited. Any sign so erected, constructed
or maintained as to obstruct or be attached to any fire escape, window,
door or opening used as means of ingress or egress, or for firefighting
purposes, or placed so as to interfere with any opening required for
legal ventilation is prohibited.
E.
Signs at intersection prohibited. No sign or advertising device shall
be erected or maintained at the intersection of streets in such a
manner as to obstruct clear vision of the intersection.
F.
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, 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 or 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.
G.
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 approved by the Zoning Administrator.
(3)
Height. No sign shall project higher than 12 feet above curb level;
the Village Board may, however, temporarily authorize a larger sign
for a period not to exceed two years.
(4)
Permit. A sign permit is required for this type of sign. Drawings
showing the specific design, appearance and location of the sign shall
be submitted to the Zoning Administrator for approval. The location
of any such sign shall be at the discretion of the Zoning Administrator
based upon the character of the area, the type and purpose of the
sign and the length of time permitted.
H.
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
Area and number. There shall be not more than one sign per lot; on
corner lots two signs (one facing each street) shall be permitted.
No sign shall exceed 16 square feet in area or be closer than eight
feet from any other zoning lot.
(2)
Projection. No sign shall project beyond the property line into the
public way.
(3)
Height. No sign shall project higher than one story or 15 feet above
the curb level, whichever is lower.
Landscape features, such as plant materials, berms, boulders,
fencing and similar design elements incorporated or in conjunction
with the freestanding signs are encouraged and shall not be counted
as allowable sign area.
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 or bare
reflecting-type bulbs, except those giving public service information,
such as time, date, temperature, weather or similar information, or
where allowed by conditional use permit. No signs, billboards or other
advertising media which creates 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 shall not be permitted on public
rights-of-way, except for municipal traffic control, parking and directional
signs and as otherwise specified in this chapter, or be located within
five feet of a property line.
A.
Removal of dangerous signs. All signs shall be removed by the owner
or lessee of the premises upon which the sign is located if, in the
judgment of the Zoning Administrator, such sign is so old, dilapidated
or has become so out of repair as to be dangerous or unsafe, whichever
occurs first. If the owner or lessee fails to remove it, the Zoning
Administrator may remove the sign at cost of the owner, following
adequate written notice. The owner may appeal the decision of the
Zoning Administrator to the Village Board.
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 advertised 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 this Code. In addition
to the penalty provisions for violations of this article, the Zoning
Administrator or Village Board may bring an action to abate the nuisance
in the manner set forth in the Wisconsin Statutes.
Variances or exceptions to these sign regulations may be granted
by the Board of Appeals following a recommendation from the Village
Board and Zoning Administrator pursuant to the standards of this chapter.
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 Zoning
Administrator and/or Building Inspector.
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)
Illuminated signs. Any illuminated signs shall not interfere with
surrounding properties or traffic.
(3)
Roof signs. No sign shall be located so as to project above the parapet
line unless approved by the Zoning Administrator.
(4)
Projection. Signs, including supports, shall not interfere with surrounding
properties or traffic.
(5)
Prohibited mounting. No signs shall be painted on, attached to or
affixed to any trees, rocks, or other similar organic or inorganic
natural matter, including utility poles or apparatus.
(6)
Blanketing. Blanketing of signs on buildings shall not be allowed.
(7)
Maintenance. All signs, including supports and attachments, shall
be properly maintained and have an appearance that is neat and clean.
All signs shall be kept in good structural condition, well painted,
and clean at all times and the immediate premises shall be maintained
in a clean, sanitary and inoffensive condition and kept free and clear
of all obnoxious substances, rubbish and weeds.
(8)
Annexed areas. All signs in newly annexed areas shall comply with
this article within five years of annexation.
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
nor more than 10 seconds.
(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. Such signs shall be limited in use
to 15 days at a time following approval by the Zoning Administrator;
provided, however, that the Zoning Administrator shall not give approval
for placement of a portable sign/message board if it presents a vision
obstruction; such signs shall not be displayed more frequently than
four times per calendar year at any one location, and not more than
15 days each time. The maximum size of a portable sign/message board
shall be 10 square feet on each face, back to back. Portable signs/message
boards shall not be located in any public rights-of-way and shall
be securely fastened to prevent any hazardous condition.
C.
Search lights. The Zoning Administrator may permit the temporary
use of a searchlight for advertising purposes in any district, provided
that the searchlight will not be located in any public right-of-way,
will not be located closer than 10 feet to an adjacent property and
will not cause a hazard to traffic or adjoining properties. Searchlight
permits shall not be granted for a period of more than five days in
any six-month period.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Village of Clyman limits as of the date of adoption
of this article hereafter which does not conform with the provisions
of this article is eligible for characterization as a legal nonconforming
sign and is permitted.
B.
Loss of legal nonconforming status.
(1)
A sign loses its nonconforming status if one or more of the following
occurs:
(a)
If said sign is damaged by fire, flood, explosion, earthquake, war,
riot or Act of God, or structurally altered in any way, except for
normal maintenance and repair, the sign may be reconstructed and used
as before if it is reconstructed within three months after such calamity,
unless the damage to the sign is 50% or more of its replacement value,
in which case, the constructed sign shall comply with the provisions
of this article;
(b)
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 user 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.
A.
Permitted awnings. No awnings (noncollapsible tape) 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 seven feet above the
level of the public sidewalk or public thoroughfare.
(3)
Setback from curbline. No awning shall extend within one foot of
the curbline.
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 approved by the Zoning Administrator as in compliance with the Building Code of the Village and shall meet state building codes. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 440-56 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
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)
Setback from curb. No canopy shall extend beyond a point two feet
from the curbline.
A.
Construction without permit. Any person, firm or corporation who
begins, erects or completes the erection or construction of any sign,
awning or canopy controlled by this article prior to the granting
of a sign permit shall pay a penalty double the amount of the permit
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, it 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.
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 or been convicted of violating the same article within one year shall, upon conviction thereof, be subject to a forfeiture as prescribed by § 1-3 for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
(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 maintaining any appropriate action to prevent or
remove a violation of any provision of this article.