As used in this article, the following terms shall have the
meaning indicated:
Any sign remaining in place which for a period of 90 consecutive
days or more no longer advertises or identifies an ongoing business,
product, service, idea, or commercial activity located on the site
or has not been properly maintained in accordance with the requirements
of this chapter.
A suspended sign made of a flexible material such as canvas,
sailcloth, plastic, paper, or fabric of any kind, and intended to
be displayed on a temporary basis. A decorative banner is a banner
containing no message or logo that is displayed for the purpose of
adding color or interest to the surroundings or to the building to
which it is attached. A flag or canopy shall not be considered a banner.
A permanent roof structure over a space that is completely
unenclosed on at least two sides. A canopy may be attached to a building
or free-standing with four open sides as an accessory to a principal
building.
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.
A changeable copy sign or portion thereof which can be electronically
changed or rearranged without altering the face or the surface of
the sign, not including signage or portions thereof displaying time
and temperature.
Any separate face or surface of a building, including parapet
walls, canopies and roof surfaces or any part of a building which
encloses or covers usable space. Where separate facades are oriented
in the same direction, or where the inside angle at the intersection
of two surfaces is greater than 135°, they are to be considered
as part of a single facade.
A device generally made of flexible material, such as cloth,
paper, or plastic, and displayed from a pole, cable or rope. It may
or may not include copy.
A sign erected prior to or during an estate sale, yard sale
or rummage sale used to dispose of personal household possessions.
Any free-standing sign that is supported by structures or
supports in or upon the ground and independent of support from any
building. A single sign structure having two identical or nearly identical
faces back to back shall constitute a single sign. For the purposes
of this definition, a ground sign is intended to refer to a primary,
permanent, ground-mounted sign, not a temporary sign or sign that
is ancillary to the primary sign, such as a directional sign or portable
sign.
A sign that is suspended from the underside of a surface
and is supported by such surface.
Any piece or parcel of land, the boundaries of which have
been established by some legal instrument of public record, that is
recognized and intended as a unit for the purpose of a recordable
transfer of ownership. Where two or more lots are lawfully subject
to a single use or activity all such lots shall be considered a single
lot.
A sign or tablet memorializing a person, event, place or
structure.
When used in reference to a sign, means that the sign is
constructed of durable materials and intended to exist for an indefinite
period of time or the duration of the time that the use or occupant
is located on the premises and is generally, but not necessarily,
affixed to the ground or structure. Unless the context clearly dictates
otherwise, the term "permanent" in this chapter is not intended to
mean literal permanence, but rather it is meant to distinguish such
signs from more transient or temporary signage.
A type of temporary sign that is not permanently attached
to the ground or a building or not designed to be permanently attached
to the ground or a building, including but not limited to, trailers
or other vehicles that are used principally as a sign and are not
used daily for business purposes, posters, "sandwich boards" or other
freestanding signboards, regardless of whether such signs are attached
to the ground or to a building or structure.
A sign that is attached to the wall of a building and projects
more than 15 inches beyond such wall.
Any city, county, or state right-of-way, any land between
the edge of a street and the boundary of a lot.
A sign erected in during the period that the premises upon
which the sign is located is being actively marketed for sale, rental
or lease.
Any display of lettering, logos, colors, lights, or illuminated
neon tubes visible to the public from outside of a building or from
a traveled way, that either conveys a message to the public, or intends
to advertise, direct, invite, announce or draw attention to any event,
goods, products, services, facilities, persons, property interest
or business.
The boundary of a lot that abuts a public right-of-way.
Any sign that is not a permanent sign.
A sign that is attached to a wall of a building and is affixed
parallel to the wall at a distance of not more than 15 inches from
the surface of the wall.
Any sign located completely within an enclosed building and
visible from a public way or placed upon a window. Merchandise or
merchandise displays within the premises and visible from the exterior
shall not be considered a window sign under this definition.
No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit, except those signs listed in § 365-73 of this chapter, and without being in conformity with the provisions of this chapter. The sign shall also meet all the structural requirements of the Building Code.
A.
Temporary signs and banners. Temporary signs and banners are permitted,
subject to the following limitations.
(1)
Permit required: No sign or banner may be displayed unless a permit
has been obtained from the Village Administrator. Temporary sign permits
will be provided in the form of a sticker, to be affixed to the sign,
indicating the permitted installation and removal dates. There is
no fee for this permit.
(2)
Number: One temporary sign may be displayed facing each street frontage,
and no more than two signs may be displayed on any lot.
(3)
Size: A temporary sign shall not exceed 30 square feet. If any sign
or banner is freestanding and visible from multiple sides, the total
area of all visible surfaces is limited to 30 square feet.
(4)
Location: Temporary signs shall be located only upon the premises
to which the special, unique, or limited activity, service product,
sale, or promotion is to occur. Temporary signs promoting an event
may be located off premises with the written permission of the owner
of the property on which the sign is installed.
(5)
Duration: No temporary signs may be displayed for a period exceeding
21 days, or displayed three days after termination of the activity,
service, project, sale, or event to which the sign pertains, whichever
comes first. Each parcel is limited to a maximum of 90 days total
display of temporary signs in a calendar year.
(6)
Installation requirements: All temporary banners shall be constructed,
anchored and supported in a manner which reasonably prevents the possibility
of such signs becoming hazards to the public health and safety.
B.
Portable signs. Portable signs are permitted, subject to the following
limitations:
(1)
Permit required: An annual sign permit shall be issued before a stationary
portable sign may be erected. Such permit shall only be valid during
the calendar year during which it is issued.
(2)
Construction: A sign shall be manufactured to a professional standard
of construction, finish and graphics. A portable sign shall be free-standing,
self-supported and constructed of substantial materials such as wood,
metal or plastic such that the sign will reasonably withstand the
elements.
(3)
Size and design regulations: A portable sandwich board sign shall
not exceed six square feet in surface area per side, with a maximum
of two signable sides or faces, and no more than three feet in height
or two feet in width. A trailer or vehicle sign shall not exceed 24
square feet in surface area per side.
(4)
Number: One portable sign may be displayed per business or occupant
in any commercial or industrial area.
(5)
Location: A portable sign is restricted to the lot of the business
establishment to which a permit has been issued, except a sandwich
board sign may be located in the public right-of-way in front of the
premises only where no front setback is required.
(6)
Placement: A portable sandwich board sign may be placed in the public
way only where a minimum five-foot-wide clear sidewalk is maintained.
In no event shall a portable sign be placed on any bicycle path. The
placement of a portable sign shall not obstruct access to any crosswalk,
mailbox, curb cut, fire hydrant, fire escape, fire door, building
entrance, public parking space or any other public property, nor shall
a sign obstruct the ability of persons to exit/enter vehicles parked
along the curb;
(7)
Illumination: A portable sign shall not be illuminated.
(8)
Time limitations and removal: A portable sign may be displayed only
during business hours. Such sign must be removed and safely stored
out of view during times when the business is not open to the public.
Trailers or other vehicles that are not used principally as a sign
may be parked on the lot when the business is not open to the public,
as long as they are not parked in substantially the same location
for more than 24 hours.
(9)
Enforcement. Portable signs located within the public right-of-way
are a privilege and not a right. The Village in permitting placement
of such signs in the public right of way reserves the right to require
their removal at any time because of anticipated or unanticipated
problems or conflicts. To the extent possible, the permittee shall
be given prior notice of any time period during which, or location
at which, the placement of portable signs is prohibited.
(10)
Indemnification: Where a temporary, portable sign is permitted
in the public right-of-way, the owner, lessee or lessor of the business
to which a permit has been issued and the property owner shall agree
in writing to fully indemnify and hold the Village harmless for any
personal injury or property damage resulting from the existence or
operation of said sign, and shall furnish evidence of general liability
insurance in the amount of $50,000 with the Village as additional
named insured or provide other security to the satisfaction of the
Village Administrator.
C.
Electronic variable message sign. Any sign type may be an electronic
variable message sign subject to the following regulations:
(1)
Surface area: The areas of electronic variable message signs capable
of displaying copy shall not exceed 40 square feet and shall be included
within the maximum aggregate sign surface area allowed for the type
and location of sign upon which the changeable copy is displayed.
(2)
Length of cycle. The electronic changeable copy or images shall not
alternate, change, fade in, fade out, or otherwise change more frequently
than once every six seconds. Electronic variable message sign signs
may not display scrolling, racing, pixelating or moving characters
or images, or similar actions that convey motion.
(3)
Color. All copy, characters or other changeable images shall be of
one color only, with light copy on a dark background.
(4)
Brightness: An electronic variable message sign shall not produce
light in excess of three footcandles at the front lot line and one
footcandle at all other lot lines, measured three feet above the surface
of the ground after sunset. Signs may be equipped with photosensitive
equipment which automatically adjusts the brightness and contrast
of the sign in direct relation to the ambient outdoor illumination
to allow for greater brightness during daylight conditions.
(5)
Maintenance: Any electronic variable message sign shall be maintained
so as to be able to display messages in a complete and legible manner.
A.
Signs in residential and agricultural districts. Only those signs
listed in this section are permitted in residential and agricultural
districts. All other signs are prohibited.
(1)
Signs over shop windows or doors of a nonconforming business or industrial
establishment announcing, without display or elaboration, only the
name and occupation of the proprietor and not to exceed two feet in
height and 20 feet in length.
(2)
Real estate signs, not to exceed eight square feet in area, which
advertise the sale, rental, or lease of the premises upon which the
signs are temporarily located.
(3)
Name, occupation and warning signs, not to exceed two square feet,
located on the premises.
(4)
Bulletin boards for public, charitable or religious institutions,
not to exceed 15 square feet in area, located on the premises.
(5)
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 a structure.
(6)
Official signs, such as traffic control and parking restrictions,
information and notices.
(7)
Temporary signs or banners, when authorized by the Plan Commission.
B.
Signs in business and industrial districts. Signs are permitted in
all business and industrial districts, subject to the following restrictions:
(1)
Ground signs. Ground signs will be permitted in lieu of signs on
building facades, subject to the size restrictions of the sign replaced,
and must observe all applicable building setback lines and shall not
exceed 25 feet in height.
(2)
Termination of a business. At the termination of a business, commercial,
or industrial enterprise, all signs shall forthwith be removed from
public view. Responsibility for violation shall reside with the property
owner, according to the latest official tax roll listings.
(3)
Shopping centers or industrial parks. In a shopping center or industrial
park, one freestanding identification sign may be permitted showing
the name of said center or park and the represented businesses or
industries. The area of the sign shall not exceed 100 square feet
on one face and 200 square feet on all faces. The sign shall not be
permitted within 20 feet of right-of-way line of the street.
(4)
Surface display area. The total surface display area of business
or industrial signs on the front facade of a building shall not exceed
two square feet per linear foot of width of the building street frontage.
In the case of a building located on a corner lot, such display area
on the side facing the secondary street shall not exceed one square
foot per linear foot of the length of the building which faces the
secondary street. Where the premises abut a parking lot, the total
display area may be increased by 0.5 square foot per linear foot of
width or length of the building fronting on such parking lot. Such
increased display area shall only be utilized for the erection of
a permitted sign on that part of the building which abuts the parking
lot. In no case shall a permitted sign be in excess of 200 square
feet, and in no case shall more than one of the abovementioned criteria
be used to calculate allowable sign area on any one building facade.
(5)
Projections beyond building line. Business and industrial signs mounted
on buildings shall not be permitted to project more than 36 inches
beyond the building line. No sign shall project over any part of any
street. Where a business structure is located at or near the public
right-of-way a projecting sign may extend not more than 36 inches
into that right-of-way.
(6)
Number of signs. No more than one business or industrial sign shall
be permitted on the front facade of any business or industrial building,
including any advertisement permanently fastened to show windows or
display cases. Only one business or industrial sign shall be permitted
on each side or rear wall of a business or industrial building.
(7)
Directional signs. Necessary directional ground signs, not exceeding
four square feet in area, will be permitted. Permission to erect such
signs must be obtained from the Police Department and from the Plan
Commission.
(8)
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 signs shall have
lighting of an intermittent or varying intensity, including rotating
or flashing lights. In no case shall a sign produce or reflect light
in excess of three footcandles at the street right-of-way edge and
one footcandle at all other lot lines, measured three feet above the
surface of the ground after sunset.
(9)
Height. No sign shall be erected above the roofline of a building
or, if freestanding, more than 25 feet from the ground.
(10)
Hanging signs. Signs shall be permitted to hang from canopies
or covered walks in business or industrial districts, provided that
there shall be only one sign, not to exceed five square feet in area,
for each business and that the sign shall be at least 10 feet above
ground level.
(11)
"Special Sale" signs. "Special Sale" or "Poster" signs are permitted
in the business districts. However, only 25% of the store windows
can be covered at any one time.
C.
Signs in the B-C District. Two-sided projecting signs that face up
and down the street shall not be greater than 30 inches in width or
48 inches in height, shall not be greater in width than in height,
and shall not extend more than 36 inches from the building face.
The following signs are exempt from the permit requirements
of this chapter, but subject to restrictions as described herein:
A.
Temporary signs not exceeding eight square feet in area erected while
the property on which the sign is located is offered for sale or lease.
Such signs shall be removed no later than seven days following sale
or lease of the subject property.
B.
Temporary signs not exceeding four square feet in area erected prior
to an election or referendum. Such signs may be erected no earlier
than 60 days prior to an election or referendum and shall be removed
no later than seven days after the election or referendum.
C.
Temporary signs not exceeding six square feet in area erected prior
to or during a garage sale. Such signs shall be posted no more than
one day prior to and shall be removed one day after the sale. (See
also Chapter 174-2, Garage Sales.)
D.
Other signs permitted in residential and agricultural districts.
Except for billboards and signs on nonconforming uses, signs lawfully existing at the time of adoption or amendment of this chapter may be continued although the use, size, or location does not conform to the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of Article XVIII of this chapter shall apply.
The following signs are expressly prohibited in the Village:
A.
Signs in public ways. Except for traffic signs, signs specifically
permitted to project into or be located in the public way by this
chapter, or any other sign so authorized by law, no signs shall be
placed upon, over, or in any public way. This prohibition shall include
temporary signs, including garage sale signs. Permits for signs projecting
into any street shall be revocable as provided by the Wisconsin Statutes.
B.
Signs attached to any public utility pole or structure, street tree,
fence, fire hydrant, bridge, curb, sidewalk, park bench, or other
location on public property except as otherwise expressly permitted
under this Code.
C.
Signs that create a traffic hazard. 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 word "stop," "look,"
"drive-in," "danger" or any other word, phrase, symbol, or character
in such a manner as to interfere with, mislead, or confuse traffic.
D.
Animated signs, or signs having moving parts.
E.
Billboards, outdoor advertising signs and any business or industrial
signs not located on the same property as the business or industry
advertised shall not be permitted in any district.
F.
Street intersections. 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.
G.
Obstruction of openings. Any sign so erected, constructed, or maintained
as to obstruct or be attached to any fire escape, window, door, or
opening used as a means of ingress or egress, or for fire-fighting
purposes, or placed so as to interfere with any opening required for
legal ventilation is prohibited.
A.
If the Village Administrator or Building Inspector finds that any
sign has been erected, altered, or is being maintained in violation
of this section, or is in an unsafe condition as to be a menace to
the safety, health, or welfare of the public, he or she shall give
written notice to the owner thereof or the person entitled to possession
of the sign and the owner of the real estate upon which the sign is
located. No notice shall be required for permitted temporary signs
displayed in violation of time limitations, or any sign in a public
way in violation of this section, prior to taking enforcement action.
B.
Said letter shall notify the owner or person entitled to possession
of the sign, of the specific violation or violations and direct that
alterations, repairs or removal, whichever may be applicable, be made
to bring said violations in conformance with the terms and conditions
of this section within 15 days of such notification. Nonconforming
signs in existence prior to January 1, 2019 shall be allowed 60 days
from the date of notification to remove, repair or alter the sign
as directed in said letter.
C.
In the event the person so notified fails or neglects to comply with or conform to the requirements of such notice within the fifteen-day or sixty-day period specified herein, the Village Administrator or his or her designee may assess a penalty as provided by § 1-12 of Village ordinances, may file an appropriate citation or complaint in an appropriate court of law, or take whatever other legal action may be necessary to cause such sign to be altered or removed. If a sign is considered abandoned, the Village, after notice, may remove such sign at the cost of the owner of the property upon which the sign sits. An invoice for such costs shall be sent to the property owner and, if not paid, shall be placed on the tax roll as a special charge pursuant to Wis. Stats. § 66.0627.
A.
Severability. The provisions of this chapter are severable. If any
section, subsection, sentence, clause, phrase, or portion of this
chapter is for any reason held invalid or unconstitutional, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
thereof.
B.
Conflict. If any part of this chapter is found to be in conflict
with any other ordinance or with any other part of this chapter, the
most restrictive or highest standard shall prevail. If any part of
this chapter is explicitly prohibited by federal or state stature
that part shall not be enforced.
Every applicant for a zoning permit for a sign shall, before
the permit is granted, execute a surety bond in a sum to be fixed
by the Zoning Inspector, but not to exceed $25,000, and it shall be
of a form and type approved by the Village Attorney, indemnifying
the Village by reason of the erection, construction, or maintenance
of such sign. A liability insurance policy issued by an insurance
company authorized to do business in the state and conforming to the
requirements of this chapter may be permitted by the Village Attorney
in lieu of a bond.