A.
The purpose of this article is to protect and promote the general
welfare, health, safety and order within the Town of Hudson through
the standards, regulations and procedures governing the erection,
use and/or display of devices, signs or symbols serving as visual
communicative media to persons situated within or upon public rights-of-way
or properties. Any sign which is not expressly permitted is not permitted.
B.
The provisions of this article are intended to encourage creativity,
a reasonable degree of freedom of choice, an opportunity for effective
communication and a sense of concern for the visual amenities on the
part of those designing, displaying or otherwise utilizing needed
communicative media of the types regulated by this article, while
at the same time assuring that the public is not endangered, annoyed
or distracted by the unsafe, disorderly, indiscriminate or unnecessary
use of such communicative facilities.
As used in this article, the following terms shall have the
meanings indicated:
A sign relating in its subject matter to the premises on
which it is located, or to products, accommodations, services or activities
on the premises on which it is located.
A freestanding sign which identifies the name of a neighborhood,
a residential subdivision, a multiple residential complex consisting
of three or more structures, a shopping center or area, an industrial
area, an office complex consisting of three or more structures or
any combination of the above that could be termed an area.
Attention-getting devices which may resemble flags and are
of a nonpermanent paper, cloth or plastic like consistency. These
are to be up no longer than three months. The same banner or pennant
may not be used again for three months.
A large outdoor advertising structure mounted on one or more
legs and designed to display posters or other composite graphic advertisements.
An accessory sign which announces goods or services available
through the use of changeable letters and/or numbers.
A roof-like structure projecting over the entrance to a theater,
store, gas pumps, bank drive-up, etc.
A sign which bears the address and/or name of a church and
direction arrows pointing to a church location.
A sign which contains a traveling message, or a message which
appears to be traveling, and usually in a horizontal manner. The characters
incorporated into any message remain constant, and do not change in
hue or intensity or appear to change in hue or intensity as they travel
or appear to travel across or through the automatic changing copy
area of the sign.
A sign which is placed in the ground and not affixed to any
part of any structure.
Any sign which is illuminated by an artificial light source.
Any sign or bulletin board which identifies the name and
other characteristics of a public or private institution on the site
where the sign is located.
A sign which is erected on private property by the owner
of such property for the purpose of guiding vehicular and pedestrian
traffic within his property. Such sign bears no advertising information.
A sign located at the entrance to building/development area
with the name and address of the tenants located in this area so customers
can find business they are looking for.
Any sign which revolves, rotates or has any moving parts.
Included in this category are searchlights used for advertisement.
A sign which bears the name and/or address of the occupants
of the building, including area identification signs for major developments.
A sign other than an accessory sign.
A sign which does not conform to the newly enacted requirements
of this article.
Any sign which identifies the name and other characteristics
of a home occupation on the site where the sign is located. (This
is for residential and agricultural districts.)
A sign which is permitted within a zoning district may be
placed on someone else's parcel.
Any sign which is not a temporary sign.
A sign which is not permanently attached to the ground or
any structure and so designed as to be movable from one location to
another.
Any sign, all or any part of which extends over public property
more than 12 inches.
Any freestanding area identification sign greater than 35
feet in height; if they are over 40 feet they are intended for freeway
advertising.
A sign which bears the address and/or name of a recreational
place and directional arrows pointing to that recreational location.
Any sign erected upon or projecting above the roofline of
a structure to which it is affixed.
For fire, emergency or postal identification, whether written
or in numeric form, and may include the Town of Hudson name.
Any letter, word or symbol, device, poster, picture, statuary,
reading matter or representation in the nature of an advertisement,
announcement, message or visual communication, whether painted, posted,
printed, affixed or constructed, which is displayed outdoors for informational
or communicative purposes.
That area within the marginal lines of the surface which
bears the advertisement, or in the case of messages, figure or symbols
attached directly to any part of the building, that area which is
included in the smallest rectangle which can be made to circumscribe
the message, figure or symbol displayed thereon. The stipulated maximum
sign area for a freestanding sign refers to a single facing.
A sign which is erected or displayed for the stated limited
period of time indicated in this article.
A sign which is erected by a governmental unit for the purpose
of directing or guiding traffic.
The linear length of the side of a building, it includes
all windows and doors.
Any sign which is affixed to a wall of any building.
The following signs are permitted in each specific district
and shall be regulated as to size, location and character according
to the requirements herein set forth:
A.
Residential and Agricultural/Residential Districts.
(1)
Occupational signs: denoting only the name and profession of the
occupant in a commercial building, public institutional building or
dwelling, and may not exceed two square feet in locations where the
speed limit of the street frontage is 35 mph or less and may not exceed
six square feet in locations where the speed limit of the street frontage
is 40 mph or greater.
(2)
Institutional and recreational signs: one sign or bulletin board
per street frontage for public institutional use and for recreational
use in Agricultural/Residential and Residential Districts; such sign
or bulletin sign shall not exceed 24 square feet in area nor shall
it be placed closer than 10 feet from the road right-of-way nor shall
be placed in a location that would interfere with the safe movement
of traffic.
(3)
Area identification signs: one sign per each major development, not
to exceed 48 square feet in area.
(4)
Maximum height of freestanding signs: eight feet.
(5)
Nonaccessory freestanding and wall signs are prohibited except in
areas especially designated in this article.
(6)
All signs shall be constructed in such a manner and of such material
that they shall be safe and substantial, provided that nothing in
this article shall be interpreted as authorizing the erection or construction
of any sign not now permissible under this chapter or the Building
Code of the Town of Hudson.
(7)
All illuminated signs shall have a shielded light source. Any sign
illuminated and located within 50 feet of a lot line or a residential
district shall be diffused or indirect so as not to direct rays of
light into adjacent residence. All illuminated signs in commercial
and commercial/light industrial districts, in close proximity to residential
districts, shall be designed so as to illuminate the sign and not
residential property to the extent practicable.
(8)
No sign, other than public traffic controls, church and recreational
directional signs, street name signs, and rural address sign (house
numbers), shall be erected or temporarily placed within any Town road
right-of-way or upon any public easements.
(9)
A permit for a sign to be located within 50 feet of any road or highway
regulatory sign, warning sign, traffic sign, traffic signal, or of
any crossroad or crosswalk, will be issued only if:
(10)
Temporary signs may only be allowed where specifically stated.
(11)
Campaign yard signs, posted by a bona fide candidate for political
office or by a person or group promoting a political issue or a political
candidate, may be placed on private property in any district. Such
signs may be erected no more than two months prior to Election Day
and must be removed no later than 10 days following the election.
(12)
Temporary real estate signs may be erected for the purpose of
selling or promoting a residential project, provided:
(a)
Such signs shall not exceed 128 square feet in area.
(b)
Only one sign shall be permitted per road frontage upon which
the property abuts.
(c)
Such signs shall be removed when the project is 80% completed,
sold or leased.
(d)
Such signs shall be located no closer than 100 feet to any residence
not part of this project.
(13)
Temporary signs adjacent to the public right-of-way for the
purpose of selling or leasing individual lots or building shall be
permitted, provided:
(14)
Portable, internally lit signs are not allowed as permanent
or temporary signs.
(15)
Any freestanding sign within 25 feet of any intersection of
road right-of-way lines and/or driveway entrances shall have vertical
clearance for proper visibility by motorists on all affected roadways.
(16)
Church and nonprofit directional signs shall be permitted, provided
the total area of such signs shall not exceed six square feet per
facing.
(17)
Signs advertising garage, yard or similar household sales shall
be removed within seven days after the sale.
(18)
Signs, which are located on the interior of a building, shall
be exempt from the provisions of this article and shall not require
permits or payment of fees.
(19)
Roof signs shall be prohibited.
(20)
Signs and components and elements of faces of signs that move,
shimmer, or contain reflective devices are prohibited.
(21)
Substitution clause and sign content is permitted. Subject to
the landowner's consent, noncommercial speech of any type may
be substituted for any permitted commercial speech, provided the sign
structure is legal without consideration of the message content. Such
substitution of message may be made without any additional approval
of permitting. This provision prevails over any provision to the contrary
in this article. The purpose of this provision is to prevent any inadvertent
favoring of commercial speech over noncommercial speech, or favoring
of any particular noncommercial message over any other noncommercial
message. This provision does not create a right to increase the total
amount of signage on a lot or parcel, nor does it affect the requirement
that the sign structure be properly permitted.
B.
Commercial and Commercial/Light Industrial Districts.
(1)
Wall signs. The total area of all wall signs affixed to a building
wall shall not exceed two square feet per linear foot of that wall.
No individual wall sign shall exceed 150 square feet.
(a)
A wall sign shall not project more than 18 inches from the wall
to which the sign is to be affixed. Furthermore, wall-mounted signs
shall not exceed the roofline of any building.
(b)
Banners are temporary signs and are not part of the wall sign
calculation. However, banners and temporary signs shall not exceed
50% of that wall area and may not be up longer than three months.
The design and construction of all banners shall be professional looking
and not be allowed to become torn or weathered.
(2)
Freestanding sign. One freestanding sign is permitted for each building
for each road frontage.
(a)
The total area of a freestanding sign for a building having
one road frontage shall not exceed 80 square feet. Where a building
has two or more road frontages, each permitted freestanding sign in
excess of one shall be no greater than 40 square feet.
(b)
No part of a freestanding sign shall be closer than 10 feet
to the front property line or exceed 35 feet in height. The height
shall be measured from the base of the sign or grade of the nearest
adjacent roadway, whichever is lower.
(3)
Bulletin signs. The bulletin portion of that sign may use up to 50%
of that signs total square footage. One nonilluminated bulletin sign
up to 40 square feet is permitted. Such signs shall be located within
the width of the storefront to which it is related and may be part
of the freestanding or pylon sign, not in addition to.
(4)
Pylon signs. Retail and service establishments may erect one pylon sign in addition to their freestanding sign, not exceeding 150 square feet per side of display surface area. Maximum height is 40 feet. Retail and service establishments on property within 1,500 feet of Interstate 94 right-of-way and 500 feet from residential or agricultural/residential district property may erect one pylon sign not exceeding 150 square feet of display surface area in addition to their own freestanding sign. Maximum height in this area is 80 feet, however a special exception as outlined in § 105-33 is required for all signs over 40 feet in height.
(5)
Canopy and marquee signs shall be no greater than two square feet
per linear foot, up to a maximum size of 100 square feet per side
of the canopy or marquee. Canopies and marquees shall be considered
to be an integral part of the structure to which they are accessory.
Signs may be attached to a canopy or marquee. When calculating the
allowable sign size, the canopy or marquee linear length of the side
is separated from the wall sign calculation.
(6)
Temporary special event signs are permitted for no more than three
months. Such signs shall include banners, pennants, flying signs and
air-inflated devices, searchlights, bulletin signs, streamers and
other signs approved by the Town Board.
(7)
Monument sign is to provide business location information for businesses
in the development area so customers can find their business. Each
tenant panel may not exceed three feet high by eight feet wide, and
may only indicate business name, logo, address and phone number. The
information in the tenant panels of the monument sign does not count
as part of each individual business's overall available square
footage for advertising signage.
(a)
A monument sign may not exceed 30 feet in height and the overall
width may not exceed 16 feet, two tenant panels wide, plus the materials
to build the monument sign and monument base. The monument sign may
be two sided, parallel to the road or perpendicular to the road so
the sign may be read by the traveling public from both directions.
(b)
The monument sign may have an electronic message center (EMC),
not to exceed six feet high by 16 feet wide, the equivalent of four
tenant panels. Temporary advertising information may be shown on the
EMC for a limited period of time, no longer than 21 calendar days.
Temporary information includes sales items, civic events, amber alerts,
community events, etc.
(c)
The monument sign may be placed on an outlot, so all businesses
using the monument sign may share in the overall cost of the monument
sign. The physical area of the outlot shall be included in the subdivision
average lot size calculations.
(d)
All monument signs require site plan approval.
(8)
Off-premises freestanding and wall signs are permitted. The off-premises
sign(s) counts toward the total number of permitted signs allowed
on the parcel of land the sign(s) are located on.
(9)
All signs shall be constructed in such a manner and of such material
that they shall be safe and substantial, provided that nothing in
this article shall be interpreted as authorizing the erection or construction
of any sign not now permissible under this chapter or the Building
Code of the Town of Hudson.
(10)
Illumination standards.
(a)
Externally illuminated signs shall have a shielded light source
which is downward directed.
(b)
Illuminated signs shall be designed so as not to direct any
light or produce glare onto adjacent properties or toward navigable
waters.
(c)
The Town may specify the hours a sign may be illuminated and
limit its brightness while illuminated. The hours of illumination
or brightness limitations may be established at any time, including
during the life of the sign.
(d)
Signs and sign components and elements of faces of signs shall
not flash or use animation.
(e)
Unless a sign's only illumination is external and uncolored,
the following additional regulations shall also apply to that sign:
[1]
No illuminated off-premises sign which changes in color or intensity
of artificial light at any time while the sign is illuminated shall
be permitted.
[2]
No illuminated accessory sign which changes in color or intensity
of artificial light at any time while the sign is illuminated shall
be permitted, except one for which the changes are necessary for the
purpose of correcting hour-and-minute, date, or temperature information.
[3]
A sign that regularly or automatically ceases illumination for the purpose of causing the color or intensity to have changed when illumination resumes shall fall within the scope of the prohibitions of Subsection B(10)(e)[1] and [2] above.
(11)
No sign, other than public traffic controls, church and recreational
directional signs, street name signs and rural address sign (house
numbers), shall be erected or temporarily placed within any Town road
right-of-way or upon any public easements.
(12)
A permit for a sign to be located within 50 feet of any road
or highway regulatory sign, warning sign, traffic sign, traffic signal,
or of any crossroad or crosswalk, will be issued only if:
(13)
Campaign yard signs, posted by a bona fide candidate for political
office or by a person or group promoting a political issue or a political
candidate, may be placed on private property in any district. Such
signs may be erected no more than two months' prior to Election
Day and must be removed no later than 10 days following the election.
(14)
Temporary real estate signs may be erected for the purpose of
selling or promoting a commercial project, provided:
(a)
Such signs shall not exceed 128 square feet in area.
(b)
Only one sign shall be permitted per road frontage upon which
the property abuts.
(c)
Such signs shall be removed when the project is 80% completed,
sold or leased.
(d)
Such signs shall be located no closer than 100 feet to any residence
not part of this project.
(15)
Temporary signs adjacent to the public right-of-way for the
purpose of selling or leasing individual lots or building shall be
permitted, provided:
(16)
Portable, internally lit signs are only allowed as temporary
signs and may not be up for more than three months and are not allowed
as permanent signs.
(17)
Any freestanding sign within 25 feet of any intersection of
road right-of-way lines and/or driveway entrances shall have vertical
clearance for proper visibility by motorists on all affected roadways.
(18)
The total sign area of any multifaced freestanding or projecting
wall sign shall not exceed two times the permitted area of a two-sided
sign or three times the area of a three-sided sign. All applications
for signs of more than two sides shall be reviewed by the Plan Commission
and the Town Board.
(19)
Church and nonprofit directional signs shall be permitted, provided
the total area of such signs shall not exceed six square feet per
facing.
(20)
Signs advertising garage, yard or similar household sales shall
be removed within seven days after the sale.
(21)
Signs with changing electronic messages are allowed as part
of the total area of a permitted sign. Signs with an electronic message
center in them require site plan approval.
(22)
Signs, which are located on the interior of a building, shall
be exempt from the provisions of this article and shall not require
permits or payment of fees.
(23)
Roof signs shall be prohibited.
(24)
Signs and components and elements of faces of signs that move,
shimmer, or contain reflective devices are prohibited.
(25)
Internal traffic directional signs shall be permitted provided
the total area of each sign shall not exceed 20 square feet.
(26)
Substitution clause and sign content is permitted. Subject to
the landowner's consent, noncommercial speech of any type may
be substituted for any permitted commercial speech, provided the sign
structure is legal without consideration of the message content. Such
substitution of message may be made without any additional approval
of permitting. This provision prevails over any provision to the contrary
in this article. The purpose of this provision is to prevent any inadvertent
favoring of commercial speech over noncommercial speech, or favoring
of any particular noncommercial message over any other noncommercial
message. This provision does not create a right to increase the total
amount of signage on a lot or parcel, nor does it affect the requirement
that the sign structure be properly permitted.
A vehicle used as a sign or as the base for a sign where the
primary purpose of the vehicle in that location is its use as a sign
shall be prohibited.
A.
Billboards may be erected along and intended to be viewed from only
Interstate 94. Billboards are allowed only in the following zoning
districts: Commercial and Commercial/Light Industrial Districts.
B.
The maximum allowable size of any billboard is 700 square feet. The
maximum allowable extensions shall not exceed 15% of the total sign
area. All skirting and perimeter material shall be counted as part
of the sign area.
C.
The maximum allowable height of any billboard is 40 feet. If an interstate
highway served by a billboard is elevated above the surface on which
it is placed, the Town Board may grant a special exception to this
regulation according to its discretion.
D.
The minimum allowable distance in any direction between billboards
is 5,280 feet.
E.
The minimum allowable proximity of any billboard to any residential
zoning district is 500 feet.
F.
The minimum allowable distance of any billboard to any interstate
right-of-way is 50 feet.
G.
The minimum allowable distance of a billboard to any building shall
be 25 feet.
H.
No portion of any billboard shall occupy air space above any driveway
or parking area.
I.
No billboard may display any moving parts nor shall it be illuminated
with any flashing or intermittent lights.
A.
Permits. Except as provided below, the owner or occupant of the premises
on which a sign is to be displayed, or the owner or installer of such
signs, shall file an application provided by the Town of Hudson Building
Inspector/Zoning Administrator for permission to display such sign.
Permits must be acquired for all new, relocated, modified or redesigned
signs except those specifically excepted below. The applicant shall
submit with the application a complete description of the sign and
a sketch showing its size, location, manner of construction and such
other information as shall be necessary to inform the Town of Hudson
Building Inspector/Zoning Administrator of the kind, size, material,
construction and location of the sign. The Town of Hudson Building
Inspector/Zoning Administrator may approve sign permits. The applicant
shall also submit the fee at the time of application as set forth
in the Building Code Ordinance. If a sign authorized by a permit has
not been installed within six months after the date of issuance of
said permit, the permit shall become null and void.
B.
Exemptions. The exemptions permitted by this section shall apply
only to the requirements of a permit and shall not be construed as
excusing the installer of the sign or the owner of the property upon
which the sign is located from complying with the other provisions
of this article. No permit is required under this section for the
following signs:
If the Town of Hudson Building Inspector/Zoning Administrator
or his deputies finds that any sign regulated by this article is prohibited
as to size, location, content, type, number, height or method of construction,
or is unsafe, insecure or a menace to the public, or if any sign has
been constructed or erected without a permit first being granted to
the installer of said sign or to the owner of the property upon which
said sign has been erected, or is improperly maintained, or is in
violation of any other provisions of this article, he shall give written
notice of such violation to the sign owner and/or benefiting business
being advertised by said sign thereof.
A.
A sign permit applicant or permit holder may appeal any order or
determination made by the Building Inspector/Zoning Administrator
or his deputy pursuant to this article by filing a notice of appeal
with the Town Clerk and requesting a hearing before the Board of Adjustment
for the Town of Hudson.
B.
The Board of Adjustment will hear:
(1)
Appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by the administrative
officer in the enforcement of this article.
(2)
Requests for variances from the literal provisions of this article.
The application shall demonstrate:
(a)
That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are applicable
to other lands, structures or building in the same district.
(b)
That literal interpretation of the provisions of this article
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this subsection.
(c)
That the special conditions and circumstances do not result
from the actions of the applicant's request.
(d)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this article to
other lands, structures or building in the same district.
(e)
That granting of the variance is necessary to the reasonable
use of the land and granting the variance will not adversely affect
the existing or potential use of adjacent land.
A.
Any nonconforming temporary or portable sign existing on December
4, 2007, or on the date of a subsequent amendment to this article
shall be made to comply with the requirements set forth herein or
shall be removed within six months after December 4, 2007, or on the
date of a subsequent amendment to this article.
B.
Nonconforming permanent signs lawfully existing on December 4, 2007,
or on the date of a subsequent amendment to this article shall be
allowed to continue in use and may change the message. However, if
the sign needs to be replaced, it must comply with the current sign
ordinance at that time.
C.
Whenever the use of a nonconforming sign has been discontinued for
a period of six months, such use shall not thereafter be resumed unless
in conformance with the provisions of this article.
