[HISTORY: Adopted by the Village Board of the Village of
Footville 2-6-1975 by Ord. No.
90 (Ch. 27, §§ 27.01 to 27.22, of
the 1990 Code). Amendments noted where applicable.]
The provisions of this chapter shall govern the construction,
alteration, repair and maintenance of all signs and outdoor structures,
together with their appurtenant and auxiliary devices in respect to
structural and fire safety.
Terms used in this chapter mean as follows:
A board, panel, or tablet used for the display of printed
or painted advertising matter.
A display sign in which the entire area is solid or tightly
enclosed or covered.
A plastic material more than 1/20 inch in thickness which
burns at a rate of not more than 2Â 1/2 inches per minute when
subjected to the ASTM standard test for flammability of plastics in
sheets of six-hundredths-inch thickness.
A structure arranged, intended designed, or used as an advertising
announcement or direction, and includes a sign, sign screen, billboard,
poster panel and advertising device of any kind.
A display sign supported by uprights or braces in or upon
ground surface.
A display sign attached to, or hung from, a marquee canopy
or other covered structure projecting from and supported by the building
and extending beyond the building wall, building line, or street line.
Shall have definition as set forth in Wisconsin Administrative
Code § NFPA 220 4.1.5.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A display sign in which at least 50% of the enclosed area
is uncovered or open to the transmission of wind.
See "billboard."
A display sign attached directly to the building wall and
which extends more than 15 inches from the face of the wall.
A display sign erected, constructed and maintained above
the roof of the building.
A display sign, or other advertising device constructed of
cloth, canvas, fabric or other temporary material, with or without
structural frame, intended for a limited period of display, including
decorative displays for holidays or public demonstrations.
A display sign painted or attached directly to the building
wall and which extends not more than 15 inches from the face of the
wall.
A.Â
Application. Before any permit is granted for the erection of a sign
or outdoor display structure, plans and specifications shall be filed
with the Building Inspector showing dimensions, materials, location
on the lot and required details of construction, including loads,
stresses and anchorage.
B.Â
Owners consent. Applications shall be accompanied by the written
consent of the owner or lessee of the premises upon which the sign
is to be erected.
C.Â
Alterations. No sign shall be enlarged or relocated except in conformity with the provisions of this section and in conformity with the provisions of Chapter 370, Zoning. The changing of movable parts of an approved sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed an alteration provided the conditions of the original approval and the requirements of this section are not violated.
D.Â
Special exceptions. The Village Board may authorize signs to be erected
which incorporate a design at variance with the technical requirements
of this chapter, provided that such approval is found by the Village
Board to be reasonably necessary to accommodate a demonstrated and
substantial need on the part of the applicant for a permit and the
design of the sign is determined by the Board to be in fundamental
harmony with the overall intent of this chapter. An applicant seeking
such authorization from the Village Board shall include in the permit
application a request therefor, along with a description of the manner
in which the requested design is at variance with the technical requirements
of this chapter. After review of the application, the Building Inspector
shall provide a written recommendation with respect to the requested
authorization which recommendation shall be reviewed by the Village
Board prior to its taking action upon the request.
[Added 5-1-2008 by Ord.
No. 5-1-08]
No permit shall be required for signs or outdoor display structures
as specified below. Such exceptions, however, shall not be construed
to relieve the owner of the sign from responsibility for its erection
and maintenance in a safe manner.
A.Â
Any unlighted wall sign, independent of other signs, erected on a
building or structure, which is not more than one square foot in area;
B.Â
Letters, number or symbols painted or attached to walls or windows,
intended to give the location or street address of the building;
C.Â
Signs used to advertise public demonstrations or promote civic welfare
or charitable enterprises, when such activities have been approved
by the Village Board;
D.Â
Legal notices required to be posted by the ordinances of the Village,
state or federal law;
E.Â
Political signs portraying bona fide candidates or issues. Such signs
shall be limited in area to 32 square feet, may not be placed sooner
than 60 days prior to election day and must be removed within 10 days
following the day of election;
F.Â
Signs erected on a municipal state, county or federal building which
announce the name, location, nature of occupancy and information as
to the use of or admission to the premises;
G.Â
Signs erected to announce the sale or rent of the property upon which
they are located provided such signs are not in excess of limitations
imposed according to the zoning district in which they are located
according to the following provisions:
(1)Â
Such signs in the R-1 through R-3 districts shall not exceed three
feet in height and nine square feet in area.
(2)Â
Such signs in the C-1 and C-2 districts shall not exceed four feet
in height and 32 square feet in area.
(3)Â
Such signs in the I-1 through I-2 districts shall not exceed six
feet in height and 60 square feet in area.
H.Â
Construction signs, engineer's and architect's signs, authorized
by the Building Inspector, in connection with construction operations
provided such signs do not exceed six feet in height or 60 square
feet in area.
A.Â
When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining same, shall upon written notice of the Building Inspector, forthwith in the case of immediate danger and in any case within not more than 10 days, make such sign conform to the provisions of this chapter and Chapter 370, Zoning, or shall remove it. If within 10 days the order is not complied with, the Building Inspector may remove such sign at the expense of the owner, lessee or the owner of the land upon which the sign is located and the costs of such removal shall become a lien upon the property and shall be assessed and collected as a special tax.
B.Â
A projecting display sign erected at other than right angle to the
wall of a building or structure outside of the building line, which
extends above the roof cornice or parapet wall, (or above the roof
level when there is no cornice or parapet wall, and which obstructs
access to the roof) is hereby deemed unlawful. Such signs shall be
removed as provided in this section.
C.Â
No sign shall be permitted to project beyond public alley lot lines.
D.Â
No swinging sign shall be erected or maintained over any sidewalk.
A.Â
The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter. Such removal and the costs thereof shall be in accordance with the provisions for removal in § 252-6.
B.Â
All signs, together with all their supports, braces, guys and anchors
shall be kept in repair in accordance with the code and when not constructed
of corrosion-resistive noncombustible materials, shall be painted
when necessary to prevent corrosion.
C.Â
It shall be the responsibility of the owner or lessee of every sign
to maintain the immediate premises occupied by the sign in a clean,
sanitary and healthful condition.
D.Â
Every sign for which a permit is required shall be subject to periodic
inspection.
A.Â
No sign heretofore approved and erected will be repaired, altered
or moved nor shall any sign or any substantial part thereof which
is blown down, destroyed or removed, be reerected, reconstructed,
rebuilt or relocated, unless it is made to comply with all provisions
of this chapter.
B.Â
This section shall not be construed to prevent the repair or restoration
to a safe condition as directed by the Building Inspector of any part
of an existing sign when damaged by storm or other accidental emergency.
C.Â
Any sign that is moved to another location either on the same premises
or to other premises shall be considered a new sign and a permit shall
be secured for any work performed in connection therewith.
A.Â
Every sign shall be registered with the Building Inspector by the
person maintaining the same.
B.Â
Every sign for which a permit has been issued and hereafter erected,
constructed or maintained, shall be plainly marked with the name of
the person owning, erecting, maintaining or operating such sign.
Signs shall be designed in accordance with good engineering
practice and constructed to the provisions for materials, loads and
stresses of this section.
A.Â
Wind loads. The effect of wind pressure shall be thoroughly considered
in design; but in no case shall the wind load be assumed less than
30 pounds per square foot of net exposed area for roof signs or 20
pounds per square foot for ground signs.
B.Â
Illumination. No sign shall be illuminated by other than electrical
means and electrical devices and wiring shall be installed in accordance
with the requirements of the Electrical Code. In no case shall any
open spark or flame be used for display purposes unless specifically
approved by the Building Inspector for locations outside the fire
limits.
C.Â
Electrical connections. No electrical connections shall be made from
any sign to an electrical service except by an electrician licensed
with the State of Wisconsin.
D.Â
Obstruction to exitways. No sign shall be erected so as to obstruct
any fire escape, required exitway, window or door opening used as
a means of egress, or to prevent free passage from one part of a roof
to another part thereof or access thereto.
E.Â
Obstruction to ventilation and light. No sign shall be attached in
any form, shape or manner which will interfere with any opening required
for light and ventilation provisions of the code.
A.Â
Bottom clearance. The bottom capping of all ground signs shall be
at least 30 inches above the ground, but the intervening space may
be filled with open latticework or platform decorative trim.
B.Â
Structural frame. The structural frame of ground signs shall not
be erected of combustible materials to a height of more than 35 feet
above the ground.
C.Â
Facings. Sign facings may be constructed of approved plastic or wood
products designed and protected to withstand the elements to a height
not exceeding 35 feet above the ground, except as provided in the
fire limits.
D.Â
Setbacks. Signs within 15 feet of any property line shall not be
less than 10 feet above sidewalk level.
A.Â
Materials. All roof signs shall be constructed entirely of metal
or other approved noncombustible materials. Provision shall be made
for electrical ground of all metal parts; and where combustible materials
are permitted, all wiring and tubing shall be kept free and insulated
therefrom.
B.Â
Bottom clearance. There shall be a clear space of not less than six
feet between the lowest part of the sign and the roof level except
for the necessary structural supports.
C.Â
Supports. No roof sign shall be supported on or braced to wooden
beams or other combustible materials.
A.Â
Materials. Wall signs exceeding 40 square feet in area shall be constructed
entirely of metal or other approved noncombustible materials.
B.Â
Reflectors. Lighting reflectors may project not more than eight feet
beyond the face of the wall provided such reflectors are at least
12 feet above the sidewalk level; but in no case shall such reflectors
project beyond a vertical plane three feet inside the face of the
curbline.
C.Â
Extension. Wall signs shall not be erected to extend above the top
of the wall, nor to extend beyond the ends of the wall to which they
are attached.
A.Â
Materials. Projecting signs shall be constructed entirely to metal
or other approved noncombustible materials.
B.Â
Maximum projection. No such sign shall project over a street or other
public space more than 10 feet from the face of the building or structure,
nor in any case beyond a vertical plane three feet inside the face
of the curbline.
C.Â
Clearances. No clear space of not less than 10 feet shall be provided
below all parts of such signs.
A.Â
Materials. Marquee signs shall be constructed entirely of metal or
other approved noncombustible materials.
B.Â
Height. Such signs shall not exceed seven feet in height nor shall
they project below the facia of the marquee nor lower than 10 feet
above the sidewalk level.
C.Â
Length. Marquee signs may extend the full length but in no case shall
they project beyond the ends of the marquee.
A.Â
Pole signs. Pole signs shall be constructed entirely of noncombustible
materials and shall conform to the requirements for ground signs or
roof signs, as the case may be.
B.Â
Banner and cloth signs. Temporary signs and banners attached to or
suspended from a building, constructed of cloth or other combustible
material, shall be strongly constructed and securely attached to their
supports. They shall be removed as soon as torn or damaged and in
no case later than 60 days after erection; except that permits for
temporary signs suspended from or attached to a canopy or marquee
shall be limited to a period of 10 days.
C.Â
Maximum size. Temporary signs of combustible construction shall be
not more than 10 feet in one dimension nor more than 100 square feet
in area.
D.Â
Special permits. All temporary banners suspended from buildings or
hung from poles, which extend across streets or other public spaces
shall be subject to special approval of the Village Board.
E.Â
Signs in the public way. Permission may be granted, within the provisions of Chapter 370, Zoning, and this chapter, to erect a sign which extends or projects over public property provided that the owner or lessee of such sign, or his successors, agree to assume the cost of removing or altering the sign when so ordered by the Village in its exercise of its police power.
A.Â
Any person, firm or corporation desiring to erect any sign extending
over a sidewalk or public alley and which is so located as to constitute
a potential hazard to persons or property on such sidewalk or public
alley, shall first procure public liability insurance thereon in a
company duly licensed to do business in Wisconsin, for the principal
sum of not less than $25,000 liability for injury to any person and
not less than $10,000 for damage to property, with a maximum of $50,000
liability on account of personal injuries in any one accident, such
policy to be approved by the Village Attorney and a copy of the policy
or a certificate of such insurance deposited with the Building Inspector,
which policy or certificate of insurance shall further carry an endorsement
including the Village and protecting the Village as its interests
may appear as the result of any accident or injury for which it might
become in any way liable. In the event that such insurance should
be terminated for any reason or that the holder of any permit shall
fail to keep such insurance in force at any time, then the permit
for the maintenance of such sign shall automatically terminate and
such sign shall forthwith be removed, or if not removed by the holder
of the permit, then such sign shall be removed or caused to be removed
by the Building Inspector, and the expense thereof shall be recovered
from the holder of the permit.
B.Â
All liability insurance shall be renewable annually as of January
2, succeeding the granting of the permit and on each succeeding year.
Before receiving a permit to construct, erect, alter or remove
a sign or outdoor display structure, the owner or his agent shall
pay to the Village Clerk a fee as hereinafter set forth.
D.Â
Signs having a common supporting system, that do not have a continuous
framing system, shall be considered to be separate signs and subject
to minimum fee.
E.Â
Permit
fees. A permit fee shall be paid to the Village Clerk for each sign
permit issued under this chapter; provided, however, that a fee shall
not be charged for putting an existing sign in conformity with this
chapter, or for a copy change when no change in business name is involved.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.Â
Signs eligible for characterization as legal nonconforming. Any sign
located within the Village of Footville limits as of the date of adoption
of this chapter hereafter which does not conform with the provisions
of this chapter is eligible for characterization as a legal nonconforming
sign and is permitted, providing it meets the following requirements:
B.Â
Loss of legal nonconforming status.
(1)Â
A
sign loses its nonconforming status if one or more of the following
occurs:
(a)Â
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 chapter.
(b)Â
The sign is relocated.
(c)Â
The sign fails to conform to the Village requirements regarding maintenance
and repair, abandonment or dangerous or defective signs.
(2)Â
On
the date of occurrence of any of the above, the sign shall be immediately
brought in compliance with this chapter with a new permit secured
therefor or shall be removed.
C.Â
Legal nonconforming sign maintenance and repair. Nothing in this
chapter 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 chapter regarding safety, maintenance and repair
of signs.
[Amended 3-4-2010 by Ord.
No. 030410]
Before issuance of a permit under this chapter, the Building
Inspector may require the applicant to furnish a cash or surety performance
bond inuring to the benefit of the Village in an amount determined
by the Building Inspector not to exceed $1,000. The bond shall be
conditioned upon the satisfactory removal of the sign within 10 days
after issuance of an order by the Building Inspector requiring such
removal for violation of any provision of this chapter or any condition
or other requirement specified in the permit. The Building Inspector
may waive the requirement for such bond if the Building Inspector
determines, in the Building Inspector's discretion, that the
nature of the sign is such that a bond is not warranted.
[Amended 3-4-2010 by Ord.
No. 030410]
The Building Inspector shall have the power to remove any sign
which is not properly maintained and to charge the cost of removal
to the real estate on which sign is located, such charge to be entered
on the next tax roll following 10 days' written notice of the
amount of the charge to the owner of the property.
No more than three permits for signs for any one lot shall be
granted by the Building Inspector. Additional permits may be issued
by the Village Board upon a showing of need for the additional permit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Violations of this chapter shall be subject to the penalties provided in § 1-4, Penalties.