[Amended by Ord. No. 181]
The purpose of this article is to create the legal framework
to regulate, administer and enforce outdoor sign advertising and display
within the City. 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, and the need for adequate business
identification, advertising and communication. This article authorizes
the use of signs visible from public rights-of-way, provided the signs
are:
A.
Compatible with the zoning regulations.
B.
Designed, constructed, installed and maintained in such a manner
that they do not endanger public safety or traffic safety.
C.
Legible, readable and visible in the circumstances in which they
are used.
D.
Respectful of the reasonable rights of other advertisers whose messages
are displayed.
For the purposes of this article, the following definitions
shall apply:
A sign which no longer correctly advertises a bona fide business,
lessor, owner, product or activity conducted, or product available
on the premises where the sign is displayed or elsewhere.
A business or group of businesses planned and developed as
a single unit sharing off-street parking and whose principal activity
involves games, arcades, sporting or other recreational activities
in which the customer or patron participates.
The entire area within a single, continuous perimeter which
encloses the extreme limits of advertising message, announcement or
decoration of a wall sign.
The area of the largest single face of the sign within a
perimeter which forms the outside shape, but excluding the necessary
supports or uprights on which the sign may be placed. If the sign
consists of more than one section, or module, all areas shall be totaled.
Any irregular-shaped sign area shall be computed using the actual
sign face surface. In the case of wall signs, the area of copy shall
be used.
A movable or fixed shelter supported from the exterior of
a building and composed of rigid or nonrigid materials except for
the supporting framework.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention, except, however, this term
is not intended to include any kind of lighting device which is required
or necessary under the safety regulations described by the Federal
Aviation Agency or similar agencies.
As defined in § 400-7.
[Added 4-14-2015 by Ord.
No. 233]
A permanent roof-like shelter extending from part or all
of a building face over a public right-of-way and constructed of some
durable material such as metal, glass or plastic.
A sign such as a manual, electronic or electric controlled
time and temperature sign, message center or reader board, whether
electronic, electric or manual, where copy changes. Any sign may be,
or include as part of it, a changeable copy sign.
A sign not exceeding eight square feet in size which contains
no message other than the word "Enter," "Exit," or "Drive-In" and
is located within five feet of a driveway.
The net geometric area enclosed by the display surface of
the sign, including the outer extremities of all letters, characters
and delineations; provided, however, "display surface area" shall
not include the structural supports for freestanding signs, provided
further that only one face of a double-faced sign, as defined in this
section, shall be considered in determining the display surface area.
A sign with copy on two faces that are back-to-back of V-shaped
facing in generally opposite directions.
Any sign containing internal electric wiring which is attached
to or intended to be attached to an electrical energy source.
An illuminated sign on which artificial or reflected light
is not maintained stationary and constant in intensity and color at
all times when in use.
Any sign that stands alone, not attached to any structure
and is erected on one or more freestanding supports or uprights, whether
portable or attached to real estate.
The length of the property line on any one premises parallel
to and along each public right-of-way it borders. Said public right-of-way
may be known as a frontage road.
See "freestanding sign."
A sign that does not meet code regulations.
Any sign not permanently attached to the ground or a building.
A parcel of land which, because of its unity of use, is one
unit of real estate.
A sign which advertises goods, products, facilities or services
not on the premises where the sign is located or directs persons to
a different location from where the sign is installed and maintained.
Any sign identifying or advertising a business, person, activity,
goods, products or services located on a premises where the sign is
installed and maintained.
A sign which is attached to and projects from a building.
Any sign wholly erected, constructed or maintained on, or
suspended above, the roof structure or parapet wall of any building.
A group of three or more commercial uses characterized by
any one or more of the following:
Uses that are designated as a single commercial group, whether
or not located on the same parcel.
Contiguous uses occupying premises that are under common ownership
or management.
Uses that are connected by party walls, partitions, canopies
or other structural members to form one continuous structure.
Uses which are located in separate buildings, but are interconnected
by walkways, driveways or parking area which facilitate customer interchange
between the uses.
Uses share a common parking area.
Uses otherwise present the appearance of a single continuous
commercial development.
Any sign designed or placed so that it is visible from a
lake or stream at any time of the year.
As defined in § 400-7.
[Amended 4-14-2015 by Ord. No. 233]
Any device or material which supports, has supported or is
capable of supporting a sign in a stationary position, including decorative
covers.
Any sign containing an advertised message readable by a person
with normal visual acuity traveling on the interstate highway.
A sign attached to the wall of a building with the face in
a parallel plane to the plane of the building wall. This includes
signs painted directly on a wall.
A.
All signs are prohibited in the Conservancy (CON) and all Residential
(R-1) Districts, except the following:
(1)
Signs not requiring a permit.
(2)
Signs over 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 one foot in height and three feet
in length.
(3)
Agricultural signs pertaining to the sale of agricultural products
of a farm. Any sign shall be located upon the farm which it advertises
and shall not exceed 32 square feet in area on all sides for any one
farm.
(4)
Signs for churches, synagogues and similar places of worship
and instruction, including parsonages, are allowed in all Residential
(R-1) Districts and are subject to this article.
[Added 1-14-2020 by Ord.
No. 255]
B.
Signs are permitted in the Agricultural (A), General Commercial (C-1),
Highway Commercial (C-2) and Industrial (I-1) Districts, subject to
the following restrictions:
(1)
Wall signs painted on, attached to or placed against the exterior
walls of a building shall not extend more than 18 inches outside of
a building's wall surface, shall not exceed 200 square feet in area
for any one premises and shall not exceed 20 feet in height above
the mean center line street grade; all such signs if on-premises shall
conform to the criteria herein for such on-premises signs.
(2)
Projecting signs. Canopy signs shall be on-premises signs and
the area of copy shall not exceed 200 square feet.
(3)
Freestanding signs shall not exceed 200 square feet in area
per facing for on-premises signs and shall not exceed 200 square feet
in area per facing for off-premises signs.
(4)
All shoreland signs visible to lake or stream users at any time
of the year shall not exceed 100 square feet in area per facing on
each side. All shoreland signs shall be on-premises regardless of
the amount of water frontage.
(5)
No sign shall be erected at any location where it may, by reason
of its position, shape, color or other characteristics, interfere
with, obstruct the view of or be confused with any authorized traffic
sign, traffic signal or other traffic device nor shall any sign make
use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," "ENTER," "EXIT,"
"OPEN" or use any other word, phrase or symbol or character in such
a manner as to interfere with, mislead or confuse traffic. "ENTER,"
"EXIT" and "DRIVE-IN" signs may be allowed by permit of the Common
Council for use where such signs significantly aid the flow of traffic
and provided further that the business for which said signs are requested
shall have separate entrance and exit drives with curb cuts for each
separated by a minimum distance of 10 feet.
(6)
No sign shall be placed upon or over any public way or right-of-way,
providing that this subsection shall not be construed to prohibit
direction or placement of any authorized traffic sign, traffic signal
or other traffic device.
(7)
Signs on vehicles. Any sign on any vehicle, motorized or otherwise,
licensed or unlicensed, may only be an off-premises sign and may only
be parked or placed within General Commercial, Highway Commercial
and Industrial Districts.
(a)
Such signs having been so placed for the purpose, apparent purpose
or resulting purpose of advertising a business activity or public
or private event shall not have a sign area in excess of 48 square
feet in area per facing.
(b)
Such sign or vehicle shall not be parked within 100 feet of
any other sign which requires a permit under this section. Such signs
shall require application for and issuance of a permit.
(c)
Such sign or vehicle shall not be structured in such a way as
to be a hazard to traffic or driver visibility. This shall not prevent
any ordinary, legitimate business vehicle from parking in any area
of the City, whether on-street or off-street, if the same is parked
there for a legitimate purpose other than that of purely advertising.
(8)
Portable signs shall be limited to three per premises at any
time and they shall meet all other requirements of this section.
(9)
Advertising balloons, kites or other such signs tethered to
the ground or a structure are prohibited.
A.
Spacing and lighting requirements shall be applied to all signs governed
by this section as follows:
(1)
Spacing.
(a)
One freestanding sign shall be permitted for each full 200 feet
of frontage on any highway, road or street which is open to the public
and abutting said business premises; provided, however, that any business
premises with less than 200 feet of total frontage shall be permitted
one on-premises freestanding sign, and provided further that no segment
of frontage along a single highway, road or street shall have more
signs directed or oriented to or toward that segment than would be
permitted based upon the number of feet of frontage in that segment.
Signs placed pursuant to the terms of this subsection shall be removed
prior to any sale, lease, assignment or transfer of property which
would result in such signs failing to comply with the spacing requirements
of this section. For purposes of this subsection, shopping centers
and amusement parks shall be considered a single business premises.
(b)
Notwithstanding all other provisions stated herein, no freestanding
sign shall be placed within 100 feet of any other freestanding sign.
(2)
All signs other than directional signs shall be set back a minimum
of 50 feet from side property lines. A variance shall be permitted
for one on-premises sign for property owners with less than 100 feet
of frontage. The exact location permitted in such cases will be determined
based upon the topography of the property and the location of existing
structures. Variance may be allowed to other property owners where
topography or location of existing buildings make compliance with
this section difficult and an alternate location consistent with the
intent and spirit of this section is proposed.
(3)
A sign structure may have displays back-to-back, side-by-side,
decked or in V-type construction with no more than two displays to
each facing, and each sign structure shall be considered one sign,
provided that the greatest distance between faces of V-type constructed
sign shall not exceed the width of the sign and all "V" and back-to-back
signs have at least one point where the distance between facings does
not exceed six feet.
(4)
Lighting. No sign shall be so illuminated so as to create or
cause a hazard to vehicles or other traffic, or to obscure an official
device, sign or signal.
(5)
Signs shall not be placed in such a way that they will obstruct
existing signs.
(6)
Any electric sign shall comply with the shape, size, form or
color of railroad or traffic signs, signals or devices. No sign shall
be erected, relocated or maintained so as to prevent free ingress
to or egress from any door, window or fire escape, and no sign shall
be attached to a standpipe or interfere with traffic visibility nor
be lighted in such a way as to cause glare or impair driver visibility
upon the public highways.
B.
Signs shall not resemble, imitate or approximate the shape, size,
form or color of railroad or traffic signs, signals or devices. No
sign shall be erected, relocated or maintained so as to prevent free
ingress to or egress from any door, window or fire escape, and no
sign shall be attached to a stand pipe or interfere with traffic visibility
nor be lighted in such a way as to cause glare or impair driver visibility
upon the public highways.
C.
Permits.
(1)
No sign of any type or class, unless specifically exempted hereunder,
shall be erected, changed, repaired, restructured, refused, moved
or changed in any manner whatsoever, regardless of the extent or cost
involved therein, unless an application for a permit shall have been
submitted to the Building Inspector.
(2)
Application for a permit shall be filed with the Building Inspector
upon forms provided and shall contain the following information:
(a)
The name, address and telephone number of the sign owner, the
property owner where the sign is or will be located, and the sign
contractor for the proposed sign.
(b)
Clear and legible scale drawings with description and nominal
dimensions of the proposed sign and the construction, size, dimensions
and kind of materials to be used in 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.
(c)
Photos of subject property and sign site.
(d)
Such other information as the Building Inspector may require
to show full compliance with this section and this and all other applicable
laws of the City.
(e)
A sworn statement of the replacement costs of said sign along
with a complete copy of any lease agreement for said sign.
(f)
Signature of the applicant.
(g)
Payment for all required fees.
(3)
No application may be filed for any sign which has already been
constructed and installed.
(4)
No separate permit is required for change of messages on changeable
copy sign or change of messages on off-premises signs for which a
prior permit has been issued.
(5)
A new and separate permit is required prior to any change in
sign copy which would have the functional effect of changing the sign
to a class of sign other than that described by a prior permit or
prior use of the sign, and such permit shall not be granted unless
the sign shall be in full conformity with all criteria applicable
to the new class of sign which would follow from such change.
(6)
No permit shall be granted nor shall any copy be permitted on
existing signs when the content of said sign or copy, in the judgment
of the Common Council is untruthful, misleading, obscene or advertises
any activity or business which is illegal under federal, state or
municipal law.
(7)
No permit shall be required for the following types and classes
of signs:
(a)
Construction signs. Construction signs with the principal purpose
of identifying contractors, subcontractors or suppliers on a construction
site shall be permitted without permits, provided that there shall
not be more than one sign per construction site. No such sign shall
be larger than 16 square feet and no sign shall remain for more than
60 days.
(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 of
safety which are erected by or on the order or a public officer in
the performance of his public duty.
(c)
Home occupation signs. Signs associated with a home occupation
provided such signs are nonilluminated wall signs that do not exceed
two square feet in area.
(d)
House numbers and name plates. House numbers and name plates
not exceeding two square feet in area for each residential, commercial
or industrial building.
(e)
Interior signs. Signs located within the interior of any building
or structure or business premises which are not visible from the public
right-of-way. This does not, however, exempt such signs from the structural,
electrical or material specification of this section.
(f)
Memorial signs and plagues. Memorial signs or tablets, names
of buildings and dates of erection which are cut into masonry surface
or inlaid so as to be part of a building or when constructed of bronze
or other noncombustible material no more than four square of feet
in area.
(g)
No trespassing or no dumping signs. No trespassing and no dumping
signs not to exceed 1 1/2 square feet in area per sign.
(h)
Public notices. Official notices posted by public officers or
employees in the performance of their duties.
(i)
Public signs. Signs required as specifically authorized for
a public purpose by any law, statute or ordinance.
(j)
Political and campaign signs. Political and campaign signs on
behalf of candidates for public office or measures on election ballots,
provided that said signs are subject to the following regulations:
[1]
Said signs may be erected no earlier than 30 days prior to the
primary election and shall be removed within 30 days following said
general election.
[Amended 4-14-2015 by Ord. No. 233]
[2]
Each sign shall not exceed 16 square feet in nonresidential
zoning districts and 11 square feet in residential zoning districts.
[Amended 4-14-2015 by Ord. No. 233]
[3]
No sign shall be located within 15 feet of the public right-of-way
of a street intersection nor over the right-of-way.
(k)
Real estate signs. One real estate sign on any lot or parcel,
provided such sign is located entirely within the property to which
the sign applies and is not directly illuminated.
[1]
In residential districts, such signs shall not exceed eight
square feet in area and shall be removed within 30 days after the
sale, rental or lease has been accomplished.
[2]
In all other districts, such signs shall not exceed 16 square
feet in area and shall be removed within 30 days after the sale, rental
or lease has been accomplished.
(l)
Temporary window signs. In business, commercial and industrial
districts, the inside surface of any ground floor window may be used
for attachment of temporary signs. The total area of such signs, however,
shall not exceed 50% of the total window area and shall not be placed
on door windows or other windows needed to be clear for pedestrian
safety.
(m)
Temporary signs which advertise an event and are no larger than 16
square feet in nonresidential zoning districts and 11 square feet
in residential zoning districts. All signs temporarily displayed within
the City shall be removed within 30 days after the event advertised.
This provision shall not apply to billboards or other permanent signs
advertising businesses or products.[1]
[Added 4-14-2015 by Ord.
No. 233]
[1]
Editor's Note: These provisions were previously included as
Section 9.16, Temporary signs.
(n)
On-premises symbols or insignia. Religious symbols, commemorative
plaques of recognized historic agencies or identification emblems
of religious orders or historical agencies.
(o)
On-premises temporary signs. Temporary signs not exceeding four
square feet in area pertaining to drives or civic, philanthropic,
educational, religious organizations, provided such signs are posted
not more than 30 days before said event and removed within three days
after the event.
(p)
Vehicular signs. Truck, bus, trailer or other vehicle while
operating in the normal course of business, which is not primarily
the display of signs.
(q)
Bulletin boards. Bulletin boards of public, charitable or religious
organizations not to exceed eight square feet in area located on the
premises.
(8)
Upon issuance of any sign permit, the applicant for said permit
shall have a period of time of one year in which to complete the work
or construction permitted pursuant to said permit. Any work required
to complete such project after one year shall require a new permit.
D.
Violation or failure to comply with the provisions of this section
shall be and hereby is declared to be unlawful.
(1)
Any sign other than a legal nonconforming sign found to be in
violation of the terms of this section shall be removed at the owner's
expense or brought into compliance within five days of mailing written
notification by the Building Inspector to the address indicated on
the original sign permit application or any amendment thereto. If
no sign permit application is on file, notice may be sent to the owner
of the real property on which such sign is located or to the business
location advertised on such sign. In the event the owner does not
remove or bring said sign in compliance, the Building Inspector may
order removal, the expense of which will be assessed to the tax roll
or the property on which the noncomplying sign is located.[2]
[2]
Editor's Note: Original Sec. 17.21(4)(d), providing penalties,
which immediately followed this subsection, was repealed 4-14-2015
by Ord. No. 233.
E.
Legal nonconforming signs.
(1)
After enactment of this section, the Building Inspector shall
survey the City to inventory all signs. Upon determination that a
sign is nonconforming, the Building Inspector shall use all reasonable
efforts to so notify, either personally or in writing, the user or
owner of the property on which the sign is located of the following:
(2)
Signs eligible for classification as a legal nonconforming sign.
Any sign located within the City on the date of adoption of this section
or located in an area annexed to the City hereafter which does not
conform with the provisions of this section is eligible for classification
as a legal nonconforming sign and is permitted, providing it also
meets the following requirements:
(3)
Loss of legal nonconforming status.
(a)
Purpose. The Common Council has determined that the public interest
is served by reducing the number of signs constructed and maintained
within the City. It is recognized that sign owners possess valuable
property interests in said signs and for that reason the Common Council
has also decided that it is in the public interest that legal nonconforming
signs not be subject to sunset provisions. It is also the determination
of the Common Council that legal nonconforming signs not be improved,
reinstalled, reconstructed, replaced or have their useful life extended.
Therefore, it is the Common Council's determination that, in the event
of damage or destruction of a legal nonconforming sign not the result
of a criminal act, the sign shall not be rebuilt.
(b)
A sign loses its nonconforming status if one or more of the
following occurs:
[1]
The sign is structurally altered in any way, except for normal
maintenance or repair, the cost of which shall not exceed 50% of the
value of the sign structure.
[2]
The sign or sign structure is replaced, reconstructed or relocated.
[3]
The sign fails to conform to this section regarding maintenance
and repair, abandonment or dangerous or defective signs.
[4]
The owner fails to comply with the provisions of this section.
[5]
On the date of occurrence of any of the above, the sign shall
immediately be brought into compliance with this section with a new
permit secured therefor or shall be removed.
[6]
Should any nonconforming sign be blown down, damaged or destroyed
to the extent of 50% or more of the sign face or structure, or the
cost of repair exceeds 50% of the value of the sign structure.
(4)
Legal nonconforming sign maintenance and repair. Nothing in
this section 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 section regarding safety, maintenance and repair
of signs.
F.
Maintenance and repair.
(1)
Every sign, including, but not limited to, those signs for which
permits are required, shall be maintained in a safe, presentable and
good structural condition at all times, including the replacement
of defective parts, painting (except when a weathered or natural surface
is intended), repainting, cleaning and other acts required for the
maintenance of said sign.
(2)
The Building Inspector shall require compliance with all standards
of this section. If the sign is not modified to comply with safety
standards outlined in this section, the Inspector shall require its
removal in accordance with this section.
G.
Abandoned signs.
(1)
All signs and sign messages shall be removed by the owner or
lessee of the premises upon which a sign is located:
(2)
If the owner or lessee fails to remove the sign, the Building Inspector shall give notice to remove said sign pursuant to Subsection H below. Upon failure to comply with this notice, the City may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.
H.
Deteriorated or dilapidated signs. The Building Inspector shall cause
to be removed any dilapidated signs under the provisions of § 66.0314,
Wis. Stats.
I.
In the event that this section shall receive certification as a bona
fide "determination of customary use" under § 84.30(4),
Wis. Stats., and Wis. Adm. Code Trans. 201.20, the City shall pay
the full costs of removing any sign which acquires nonconforming status
under state or local law. Said costs shall include any liability of
the state or federal government under § 84.30(6), Wis. Stats.,
or 23 U.S.C. § 131(g).
J.
Permit fees. Each application for a permit shall be accompanied by
a permit fee as established by the Common Council, from time to time
and payable in advance. In the event the permit is not granted, the
permit fee shall not be refunded unless good cause shall be shown
and the Common Council shall, by majority roll call vote, decide upon
such refund.
[Amended 4-14-2015 by Ord. No. 233]
K.
Inspection fees. There shall be a biannual inspection fee for all
signs requiring permits. The fee shall be in an amount for each sign
as set from time to time by resolution of the Common Council. Such
fees shall be due and payable July 15 of each odd-numbered year, commencing
July 1, 1999. In the event of nonpayment of said fee, the amount due
shall be assessed to the tax roll of the property on which the sign
is located.
[Amended 4-14-2015 by Ord. No. 233]
