A.
Purpose and scope.
(1)
The purpose of this article is to create the legal framework for
a comprehensive but balanced system of signs, and thereby to facilitate
an easy and pleasant communication between people and their environment.
With this purpose in mind, it is the intention of this article to
authorize the use of signs which are:
(2)
The sections contained in this article 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 sign in the Village.
(3)
This article shall apply to all signs.
B.
Rules. In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
No sign shall be so placed as to interfere with the visibility or
effectiveness of any official traffic sign or signal, or with driver
vision at any access point or intersection.
B.
No sign shall contain, include, or be illuminated by flashing lights.
No sign will be permitted that resembles the size, shape, form, or
color of official traffic control signs, signals, or devices.
C.
No sign shall contain, include, or be composed of any conspicuous
animated or moving part.
D.
No sign shall contain more than 500 square feet in gross area.
E.
No sign shall be painted directly on the building walls, except water
towers which may display the name or symbol of the owner or operator.
F.
Sandwich signs are prohibited, except that double-faced sandwich
signs are permitted when meeting all other applicable requirements
and when their use is limited to 30 days of a ninety-day period. Such
signs shall be set back at least five feet from the street property
line and shall not be larger than eight square feet per face except
that the area of one such sign may be increased by one square foot
for each three lineal feet of frontage over 50 feet on a street to
a maximum of 24 square feet per face.
G.
Parking of advertising vehicles; signs on vehicles for sale.
(1)
Parking of advertising vehicles is prohibited. No persons shall park
any vehicle or trailer on a public right-of-way or public property
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.
(2)
This section shall not prohibit "For Sale" signs on vehicles for
sale provided the vehicle is not parked on a public right-of-way.
H.
Portable signs shall be limited in use to 30 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 if it presents a vision obstruction and not more frequently than
two times per year at any one location. The maximum portable sign
size shall be 32 square feet on each face, back to back.
I.
Billboards or signs located adjacent to a street or highway in the
Village limits are expressly prohibited. Any sign that is constructed
shall be used solely for the purpose of advertising for a business
or activity publicized by the owner of the sign. The owner of the
sign, the owner of the business the sign is advertising and the owner
of the property the sign is placed on should all be the same. No sign
should be sold or contracted for advertising by a third party.
The following signs and related items shall not be included
in the application of the regulations contained in this article:
A.
Signs not exceeding one square foot in area and bearing only property
numbers, post box numbers or names of occupants of premises.
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
C.
Legal notices, identification information or directional signs erected
by governmental bodies.
D.
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights.
E.
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
F.
Signs erected by national, state, county or municipal governmental
agencies, including traffic and informational signs.
A.
Removal. All signs shall be removed by the owner or lessee of the
premises upon which the sign is located when a business which it advertises
has not been conducted for a period of six months or when, in the
judgment of the Village Board, 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 Village
Board may remove the sign at cost of the owner, following adequate
written notice. The owner may appeal the Village Board's decision
to the Zoning Board of Appeals.
B.
Alterations. Any sign which was erected before the adoption of this
sign article shall not be rebuilt or relocated without conforming
to all of the requirements of this article.
Variances or exceptions to these sign regulations may be granted
by the Zoning Board of Appeals, and decisions by the Village Board
may be appealed to the Zoning Board of Appeals.
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.
B.
Prohibitions.
(1)
No sign shall be erected so that any portion of the sign or its supports
are attached to or interfere with the free use of any fire escape,
exit, any required stairway, door, ventilator or window.
(2)
No sign shall be erected that will interfere with, obstruct, confuse
or mislead traffic.
(3)
At no time shall signs be permitted within a vision clearance triangle
in such a manner as to restrict vision or impair safety.
(4)
No sign located within 150 feet of a highway or street right-of-way
shall contain, include or be illuminated by a flashing or rotating
beam of light.
C.
Signs on public rights-of-way. Signs shall not be permitted on public
rights-of-way except for traffic control, parking and directional
signs and as otherwise specified in this chapter.
A.
Signs eligible for characterization as legal nonconforming. Any sign
located within the Village of Spencer limits on November 18, 1980,
located in an area annexed to the Village of Spencer 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. 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, which tends to or makes the sign less in compliance with
requirements of this article than it was before alteration;
(2)
The sign is relocated;
(3)
The sign fails to conform to the Village requirements regarding maintenance
and repair, abandonment or dangerous or defective signs;
(4)
On the date of occurrence of any of the above, the sign shall be
immediately brought in compliance with this article 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.
All billboards, signs and other advertising structures shall
be designed and constructed to withstand a wind pressure of not less
than 30 pounds per square foot of area and shall be constructed to
receive dead loads as required in the Building Code[1] or other ordinances of the Village of Spencer.
A.
Signs may be erected, moved, enlarged, reconstructed within the Village
as prescribed and permitted in this Village Code when a permit therefor
shall have been issued by the Building Inspector.
B.
Applications for permits shall be filed with the Building Inspector
on application forms which will be provided by the Building Inspector
or the Village Administrator-Clerk/Treasurer. The application form
shall be accompanied by construction and installation plans including
specifications. When all of the provisions of this chapter or other
rules relating to such sign shall have been complied with and when
the applicant has paid the required fee for every such application,
the permit may be granted. The Building Inspector may prescribe suitable
regulations consistent with the provisions of this chapter concerning
the form and contents of all applications for permits herein required.
C.
It shall be unlawful for any person to erect, alter or relocate, within the Village, any sign as defined in this article without first obtaining a permit from the Building Inspector and making payment of the fees required. All electric signs shall, in addition, be subject to the provisions of the Electrical Code (See Chapter 193.), and the permit fee required thereunder.
D.
It shall be the duty of the Building Inspector, upon the filing of
an application for permit, to examine such plans and specifications
and other data and the premises upon which it is proposed to erect
the sign, and if it shall appear that the proposed sign is in compliance
with all the requirements of this article and all other laws and rules
of the Village, he shall then issue the permit. If work authorized
under a permit has not been completed within six months after date
of issuance, the permit shall become null and void.
E.
All rights and privileges acquired under the provisions of this article
or any amendment thereto are mere permits, revocable at any time by
the Building Inspector, and all such applications shall contain this
provision.
If the Building Inspector shall find that any sign regulated
herein is unsafe or insecure, or is being maintained in violation
of the provisions of this article, he shall give written notice to
the permittee thereof and the owner of the street sign or of the property
on which it is located. If the permittee fails to remove or alter
the structure so as to comply with the standards herein set forth
within five days after serving notice upon the permittee, such sign
may be removed or altered to comply by the Building Inspector at the
expense of the permittee or owner of the property upon which it is
located. The Building Inspector shall refuse to issue a permit to
any permittee or owner who refuses to pay costs so assessed. The Building
Inspector may cause any street sign which is an immediate peril to
person or property to be removed summarily and without notice.
Sign regulations which are unique to each of the zoning districts
of the Village are so categorized hereafter; all other regulations
are common to all districts:
A.
C-1 Commercial District. Within the C-1 Commercial District, the
following additional and specific regulations shall apply:
(1)
An activity is permitted one sign exposure visible and designed to
be read from two directions of travel, located on and connected to
the building and one sign located within the profile of the building.
(2)
Signs not within the profile of the building shall not protrude past
the lot line.
(3)
Any sign which encroaches over or upon private or public road, street,
easement, alley way, sidewalk or land shall not protrude past the
street curbline and shall have a vertical clearance of not less than
10 feet.
(4)
Gross area for each activity shall not exceed 150 square feet.
(5)
Signs may be illuminated, subject to the following restrictions:
(a)
Flashing signs are prohibited, except those exclusively providing
public service information such as time, date, temperature and weather.
(b)
The source of light for any illuminated sign shall not be directed
into any street or property used or zoned for residential purposes
nor shall the direct source of light of any illuminated sign be visible
or interfere with the effectiveness of, or obscure an official traffic
sign, device or signal, nor impair the vision of the driver of any
authorized vehicle.
(6)
Activities may additionally erect not more than two illuminated or
nonilluminated signs inside the building and within three feet of
any window visible to the general public from a public road, street,
easement, way, lane or sidewalk parallel to the front of the building,
but such signs shall not be regulated if not so visible.
(7)
Signs shall not be erected or maintained upon trees or painted or
drawn upon rocks or other natural features.
(8)
No sign shall be higher than the building height limitation of the
district.
(9)
Temporary signs advertising an election, special public or private
event, auction or sale (such signs generally being constructed of
paper or cardboard, painted or printed and stapled, nailed or taped
in place) shall be removed within two weeks of the conclusion of the
election, event, auction or sale, but in no case shall a temporary
sign be displayed longer than 90 days. Temporary signs are not included
in the gross area limits specified for the district.
B.
R-1 and R-2 Residential and Mobile Home Parks Districts. Within the
R-1 and R-2 Residential and Mobile Home Park Districts only the following
signs within the lot and zoning setback lines of this chapter are
permitted.
(1)
Professional signs not over two square feet in gross area.
(2)
Public or religious institution signs not over 32 square feet in
gross area.
(3)
Temporary real estate advertising signs for the lease or sale of
the building not over 12 square feet in gross area.
(4)
A bed-and-breakfast sign shall be not more than eight square feet
and no more than four feet in width at its widest dimension.
(5)
Political
campaign signs may be posted during the "election campaign period,"
as that term is defined in § 12.04(1)(a), Wis. Stats., namely
from the first day for circulation of nomination papers through the
day of the election. Posting of political campaign signs outside of
the election campaign period is prohibited, except that the Village
shall not enforce removal of such signs until 30 days after the election
campaign period.[1]
C.
C-2 Highway Commercial District. Within the C-2 Highway Commercial
District, the following additional regulations in addition to the
regulations of the C-2 Commercial District shall apply:
(1)
Signs need not be attached to the building, but shall not protrude
past the lot line.
(2)
Any sign which encroaches over or upon a private or public road,
street, easement, alleyway, sidewalk or land shall have a vertical
clearance of not less than 14 feet.
(3)
Signs in vision corners of intersecting streets, ways, roads and
highways, whether public or private, are prohibited.
(4)
In addition, any activity may be permitted any number of signs not
designed to be read from the street or highway and not exceeding 50
square feet in aggregate area, whose purpose is to direct or control
traffic or advertise the activity to any patron who has already entered
the property on which the advertised activity is conducted.
D.
W Conservancy District. Within the W Conservancy District, no signs
are permitted, except traffic control, Conservancy District identification,
and landmark and municipal, township or county or state regulatory
signs.
E.
Planned unit developments. Signs in planned unit developments district
shall conform with the most restrictive land use in the district.
F.
I Industrial District. Within the I Industrial District, the following
regulations in addition to the regulations of the Commercial District
shall apply:
(1)
Signs need not be attached to the building, but shall not protrude
past the lot line.
(2)
Any sign which encroaches over or upon a private or public road,
street, easement, alleyway, sidewalk or lane shall have a vertical
clearance of not less than 14 feet.
(3)
Signs in vision corners of intersecting streets, ways, roads and
highways, whether public or private, are prohibited.
(4)
In addition, any activity may be permitted any number of signs not
designed to be read from the street or highway and not to exceed 50
square feet in aggregate area, whose purpose is to direct or control
traffic or advertise the activity to any patron who has already entered
the property on which the advertised activity is conducted.
G.
A-1 Agricultural District. Within the A-1 Agricultural District,
only a sign meeting the following criteria is permitted:[2]
(1)
A sign that does not protrude past the lot line.
(2)
Any sign which encroaches over or upon a private or public road,
street, easement, alleyway, sidewalk or land shall have a vertical
clearance of not less than 14 feet.
(3)
A sign not over 150 square feet in area advertising the sale of the
permittee's farm produce or farm identification.
