(a)

Prohibition. Polystructures/canopies/tents used for storage purposes shall be prohibited in all residential districts. Those currently existing in the residential districts that have permits and meet the dimensional regulation of the zoning ordinance may remain until the structure is removed.

(b)

Definition. "Polystructures/canopies/tents" are defined as any structure having a frame of steel or other materials, which is covered with plastic, polyurethane, vinyl, canvas or other similar flexible sheeting material.

(c)

Temporary location. Polystructures/canopies/tents may be located as a temporary structure within the city for a period not exceeding 30 days in duration from time of erecting to time of removal. Such structures shall be individually limited to the duration time period established herein. Such temporary structures may not be located on a specific piece of property more than two times in any given one-year period. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety or persons or property in the vicinity of the temporary structure.

(Ord. No. 17-2008, §§ I, II, 10-6-2008)

(a)

Definition. "Donation drop-off boxes" are any receptacle or container located outside of an enclosed building designed, intended or used for collection and storage of donated items or materials including, but not limited to, furniture, clothing, shoes, books and other like items.

(b)

Prohibition. No person or business shall place, use or allow the installation or operation of a donation drop-off box within the City of Beaver Dam on all public and private property except under all the following circumstances:

(1)

Donation drop-off boxes are allowed on property where the primary structure is used by a not-for-profit organization, as defined by the Wisconsin Statutes, and the box is used exclusively to support said organization or a different not-for-profit organization has approval from said organization to have a drop-off box on their property.

(2)

The drop-off box must meet all required setbacks and placed in a buildable area in a side or rear yard and screened from view of any public right-of-way.

(3)

All donations must be fully enclosed in a donation drop-off box. Donations that are not fully enclosed in a donation drop-off box are considered a public nuisance and subject to removal by the city at the owners' expense ten days after notification from the building inspector that their box is a public nuisance.

(4)

The drop-off box must be no larger than six feet wide, six feet deep and eight feet high.

(5)

There must be no more than two drop boxes per property.

(Ord. No. 21-2012, § I, 11-5-2012)

(a)

The operations committee, referred to as "the committee" in this division, shall be the committee responsible for overseeing this division.

(b)

The committee shall have exclusive jurisdiction over any and all signs erected, installed, constructed, placed, altered or maintained after the effective date of the ordinance from which this division is derived that shall project into, overhang or be placed within any public thoroughfare right-of-way or public lands.

(c)

In accordance with the provisions of this division, no person shall erect, construct, install, maintain or cause to be placed any sign projecting into, hanging over or placed within the right-of-way of any public thoroughfare or on any public lands after the effective date of the ordinance from which this division is derived without first having obtained a permit therefor from the committee.

(d)

No such permit shall be granted by the committee, unless and until the applicant therefor shall file with the board sureties of sufficient amounts to indemnify, save and keep harmless the city and its officials from any and all claims, damages, liabilities, suits or judgments which may be presented, brought or secured against the city or any of its officials as a result of such permit or by reason of any accident or injury in connection therewith or resulting therefrom.

(Code 2001, § 17.23(1); Ord. No. 8-2023, § 1(Exh. A), 10-2-2023)

Cross reference— Administration, ch. 2.

(a)

The state electrical code, Wis. Admin. Code Comm. ch. 16, relating to electric signs and outline lighting and all of its subsections with amendments and revisions are made a part of this division by reference as if fully set forth in this section.

(b)

Any sign as provided by this division, when illuminated, shall fully comply with the provisions of the state code.

(Code 2001, § 17.23(2))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any words not listed shall have the meanings defined by this Code, i.e., setbacks, lots, street lines, etc.

Banner means any sign painted on cloth or similar material, intended to be suspended across a traveled way.

(1)

Any such banner sign shall be suspended by ropes or cables of sufficient strength to support such sign in a strong wind.

(2)

Such sign or banner shall be fastened from all four reinforced corners, and the tie ends shall be securely fastened to a wall or post as the case may be. All installations shall be structurally safe. A permit but not permit fee shall be required.

Flat sign means any sign anchored to a building, parallel to a wall of such building.

(1)

Any such sign shall be anchored securely and safely with lag bolts, anchor bolts or through bolts and shall be spaced to prevent any sagging or whipping action.

(2)

No such sign shall project beyond the end limits of the wall to which it is anchored and no more than four feet above the roof line nor more than two feet above the top line of any parapet.

(3)

No such sign shall be placed so as to hinder or prevent the placing of a ladder against the building by the fire department as necessity may require.

(4)

No such sign shall cover, obstruct or obscure any portion of any door, doorway, window or fire escape, in any manner.

(5)

Any such sign when illuminated shall conform with the provisions of this division. A permit and permit fee shall be required.

Ground signs means any advertising sign that is usually placed between the sidewalk and the curbline. The signs shall be prohibited, except as otherwise provided for in this division. No permit shall be issued.

Professional signs means any sign displaying the name and profession of a person.

(1)

Any such sign shall not exceed three square feet, when attached to and parallel with any building wall and shall be no less than six feet from the bottom of such sign to the sidewalk grade. No permit or permit fee shall be required.

(2)

Any such sign when protruding from a building shall extend to a point no more than four feet from the wall to which it is attached nor no nearer than four feet from the nearest back of the curbline, whichever is more restrictive shall apply.

(3)

Any such sign shall have a clear space of no less than ten feet between the bottom of such sign and the sidewalk grade line. All such signs shall be firmly, securely and safely anchored so as not to swing. A permit and permit fee shall be required.

Projecting signs means any sign projecting from a building and securely and safely anchored thereto or any sign anchored to or supported by a standard or framework located outside of the thoroughfare right-of-way.

(1)

Any sign projecting from a building shall be securely and safely anchored thereto so as not to swing, with rigid rods, taut cables or chains, all of rust resistant materials. All such anchors shall in no way obstruct any door, doorway or window to prevent or hinder the placing of ladders against such building by the fire department as necessity may require.

(2)

No such sign shall project from a building wall more than six feet from such wall or no nearer than four feet distant from the nearest back of the curbline, whichever is more restrictive shall apply.

(3)

There shall be a clear space of no less than 12 feet between the sidewalk or grade line and the lowest protruding point of such sign.

(4)

Any such sign when illuminated shall conform to the provisions of this section.

(5)

A permit and permit fee shall be required.

(6)

Any sign anchored to a support or whose support is an integral part of such sign or any sign supported by a framework which is located outside of the thoroughfare right-of-way and overhangs such thoroughfare shall overhang no more than five feet from such right-of-way line or no nearer than four feet distant from the nearest back of curbline, whichever is more restrictive shall apply.

Revolving signs means any sign revolving or rotating in a circular motion and supported on a vertical column.

(1)

All such signs shall be electrically controlled in accordance with the regulations provided in this division.

(2)

No such sign shall be placed within any public thoroughfare right-of-way.

(3)

Any such sign shall not extend over any public thoroughfare more than four feet from the right-of-way line or no nearer than four feet from the nearest back of the curbline, whichever is more restrictive shall apply.

(4)

There shall be a clear space of no less than 12 feet between the sidewalk or grade line and the lowest protruding point of such sign. A permit and permit fee shall be required.

(Code 2001, § 17.23(3))

Cross reference— Definitions generally, § 1-2.

The following listed signs are exempt from this division and shall be permitted in the terrace; and no permit or permit fee shall be required:

(1)

Traffic regulatory signs; local, state and federal, i.e., speed limits and route signs.

(2)

School warning signs.

(3)

Parking regulatory signs.

(4)

Hospital route signs.

(5)

Railroad crossing signs and/or signals.

(6)

Church route signs.

Any of the signs listed in this section, except for traffic regulatory signs, shall in no manner extend into or over any portion of the public thoroughfare right-of-way. Placing of the signs listed in this section shall receive the committee's approval when deemed necessary by the committee.

(Code 2001, § 17.23(4); Ord. No. 15-2007, § I, 7-16-2007; Ord. No. 8-2023, § 1(Exh. A), 10-2-2023)

Signs or advertising structures shall not be permitted when, in the opinion of the chief of police, such sign obscures traffic intersections, side roads or in any other way creates hazards to the movement of vehicular traffic. Should the chief of police find that a sign creates such a hazard, the chief of police shall notify the committee, by written notice, of his findings. The committee shall, by written order, notify the owner of such sign to have the sign removed in accordance with this division.

(Code 2001, § 17.23(5); Ord. No. 8-2023, § 1(Exh. A), 10-2-2023)

When any sign as governed by this division is found to be illegal, unsafe or insecure, the city shall give written notice to the permittee and/or owner of the sign or the property on which it is located to remove, alter or repair such sign as needed to conform with this division. Compliance shall be within five days after the date of such notice. Should such notice not be conformed to within the specified time, or if the owner fails to inform the committee that the action necessary to conform with the notice has been taken or to request a time extension, the committee shall then order and have the illegal sign removed, and the costs shall be charged against the property as a special assessment.

(Code 2001, § 17.23(6); Ord. No. 8-2023, § 1(Exh. A), 10-2-2023)

(a)

Any sign existing at the time of enactment of the ordinance from which this division is derived whose mounting or base is not within the street right-of-way may be continued although such sign does not conform with the provisions stated in this division.

(b)

No such sign shall be altered, repaired or replaced unless and until the provisions of this division are complied with in their entirety.

(Code 2001, § 17.23(7))

(a)

Procedures and requirements. This section is intended for commercial, multifamily, industrial, medical and heavy industry zoned properties within the downtown redevelopment district. The purpose of this section is to provide a procedure and requirement for obtaining a sign permit before the construction and alteration of signs. Before any signage can be altered or constructed, a building permit and certificate of appropriateness must be obtained as follows:

(1)

No sign shall use any word, phrase, symbol, shape, form or character in such manner as to interfere with moving traffic, including signs that incorporate typical street-type and/or traffic control-type signage designs and colors.

(2)

No fluttering, undulating, swinging, rotating, or otherwise moving signs, pennants or other decorations shall be permitted.

(3)

Banner and special event signage shall be allowed, however it is temporary and it is expected that it will only be used to promote a specific event for a limited duration.

(4)

No mobile or portable signs, as defined as a sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage. These are prohibited and shall not be construed as being temporary signs.

(5)

No inflatable signs shall be permitted.

(6)

No sign shall identify or direct attention to a business, activity, or enterprise that is not located on the same premises as the sign.

(b)

Monument sign. A freestanding sign whose bottom edge is located within one foot of a ground-mounted pedestal and whose top edge is located no more than eight feet from ground level and five-foot minimum from the property line. The base or support(s) of any and all monument signs shall be securely anchored to a concrete base or footing. The sign shall not be erected so that it impedes visibility for safe pedestrian and/or vehicular circulation. The footing and related supporting structure of a freestanding sign, including bolts, flanges, brackets, etc., shall be concealed by the sign exterior, masonry covering, earth and permanent groundcover, or through the use of evergreen shrubs.

(c)

Pylon sign. A freestanding sign erected upon one or more pylons or posts. The base or support(s) of any and all pylon signs shall be securely anchored to a concrete base or footing. The height of a pylon sign shall be measured from the average ground grade adjacent to the sign to the top of the sign. The height of a pylon sign located at the lot line shall not exceed 25 feet from the elevation of the nearest point from the nearest street and five-foot minimum from the property line.

(d)

Window sign. A sign installed inside a window for purposes of viewing from outside the premises. This does not include merchandise located in a window or temporary window advertising by retailers for the purpose of informing the public of a "sale" or temporary offer.

(e)

Projecting signs. Means any sign projecting from a building and securely and safely anchored thereto or any sign anchored to or supported by a standard or framework located outside of the thoroughfare right-of-way.

(1)

Any sign projecting from a building shall be securely and safely anchored thereto so as not to swing, with rigid rods, taut cables or chains, all of rust-resistant materials. All such anchors shall in no way obstruct any door, doorway or window to prevent or hinder the placing of ladders against such building by the fire department as necessity may require.

(2)

No such sign shall project from a building wall more than six feet from such wall or no nearer than four feet distant from the nearest back of the curb line, whichever is more restrictive shall apply.

(3)

There shall be a clear space of no less than nine feet between the sidewalk or grade line and the lowest protruding point of such sign.

(4)

Any sign anchored to a support or whose support is an integral part of such sign or any sign supported by a framework which is located outside of the thoroughfare right-of-way and overhangs such thoroughfare shall overhang no more than five feet from such right-of-way line or no nearer than four feet distant from the nearest back of curb line, whichever is more restrictive shall apply.

(f)

Flat signs means any sign anchored to a building, parallel to a wall of such building.

(1)

Any such sign shall be anchored securely and safely with lag bolts, anchor bolts or through bolts and shall be spaced to prevent any sagging or whipping action.

(2)

No such sign shall project beyond the end limits of the wall to which it is anchored.

(3)

No such sign shall be placed so as to hinder or prevent the placing of a ladder against the building by the fire department as necessity may require.

(4)

No such sign shall cover, obstruct or obscure any portion of any door, doorway, window or fire escape, in any manner.

On-building signs: Total [amount] of sign area on a facade shall be determined as follows:

Freestanding signs: One sign up to 100 square feet per public street frontage.

(g)

Maximum number of signs.

(1)

Building frontage wall: Two on-building signs per fronting business or per group of businesses.

(2)

Side street facing wall: Two on-building signs per business facing the side street or per group of businesses.

(3)

Rear facing wall viewable by pedestrian or vehicular traffic: One on-building sign for all businesses in the building.

(h)

Building lighting. All luminaries designed or intended for purposes of lighting any building on the premises shall limit, to the greatest extent possible, spillover of light into the sky. Building-mounted lighting shall be appropriately shielded to prevent glare.

(i)

Nonconforming signs. A sign which has been constructed and installed as of the effective date of the sign section and does not comply with one or more of these regulations shall be deemed to be a legal nonconforming sign and be retained. A legal nonconforming sign shall become nonconforming and shall be removed or brought into compliance with this section if any one of the following occurs:

(1)

The sign is removed/altered;

(2)

The sign is changed due to a change of use or ownership;

(3)

The sign is destroyed up to 50 percent or more of its replacement cost; or

(4)

A sign is abandoned for more than 30 days.

(j)

Alteration of signs.

(1)

For the purposes of this section, alteration of a sign is considered to be any change to the exterior appearance of any part of the sign's frame, supporting structure, or lighting, including changing the material, height, or location of the sign.

(2)

Altering a sign does not include maintaining the existing appearance of the sign, or replacing the supporting structure with identical materials, or replacing the message of the sign, provided the size and shape of the sign within its existing frame does not change.

(3)

All signs found not to be in compliance with the provisions of this chapter shall be removed within 30 days of receiving written notice of noncompliance and removal from the zoning administrator.

(Ord. No. 12-2011, § I, 8-1-2011)

No person shall erect or construct any fence in the city which shall exceed the restrictions of this division. No person shall erect a fence anywhere in the city except under a permit issued by the building inspector.

(Ord. No. 29-2015, § I, 12-7-2015)

(a)

No barbed wire or electrically charged fences shall be used in any area within the city.

(b)

The setback line of any fence shall be established by the average setback line of the buildings in the block. Corner lot fences shall be governed by the requirements of section 70-214.

(c)

No repairs or replacements of nonconforming fences existing on the effective date of the ordinance from which this division is derived shall be made in excess of ten percent of its length.

(d)

Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls and decorative posts (such as entry pillars, bollards, or columns) in order to prevent the creation of nuisances and to promote general welfare of the public.

(e)

Applicability. The requirements of this section apply to all fencing, landscape walls and decorative posts equal to, or exceeding, 30 inches in height, for all land uses and activities.

(f)

Standards.

(1)

Materials.

a.

Residential districts. Acceptable materials for construction fencing, landscape walls, and decorative posts include chain-link, wire mesh except within required front yard or street yard areas or around swimming pools, wood, , brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board) or other manufactured materials or combination of materials commonly used for fencing. Fence materials must also be materials approved for exterior use that are weather and decay resistant. Any fence within an adjacent street yard, including along property lines that intersect a right-of-way, shall be a minimum of 50 percent open.

b.

Nonresidential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include chainlink, wire mesh except within required front yard or street yard areas or around swimming pools, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board) or other manufactured materials or combination of materials commonly used for fencing. Fence materials must also be materials approved for exterior use that are weather and decay resistant. Barbed wire fencing is permitted to create a security fence, at heights equal to or greater than ten feet (120"). Any fence within a street yard, including along property lines that intersect a right-of-way, shall be a minimum of 50 percent open.

c.

Temporary fencing. Temporary fencing, including the use of wood or plastic snow fences for the purpose of limiting snow drifting between November 1 and April 1, the protection of excavation and construction sites, and the protection of plants during grading and construction is permitted. Fencing for excavation sites shall be a minimum of 48 inches in height.

d.

Snow fences. Snow fences constructed of wood and wire, and/or plastic shall be permitted only as temporary fences.

(2)

Location. On all properties, no fence, landscape wall, or decorative post shall be located closer than one foot to the front yard or street yard property line. Fences may be located on any property line abutting a side or rear yard, unless the lot is developed as a twin home, in which case no fence may be built on the interior common lot line lying within the front setback area.

(3)

Maximum height. The maximum height of any fence, landscape wall, or decorative post shall be the following:

a.

Four feet when located within a required front yard or required street yard on any property, and shall be a minimum of 50 percent open; landscape wall shall be located no closer than six feet from street right-of-way;

b.

Six feet when located on any residentially zoned property, but not within a required front yard or a required street yard; and

c.

Six feet when located on any nonresidential-zoned property, but not within a required front yard or a required street yard, except that security fences may exceed this height.

d.

The maximum heights listed for subsection (3)a—c, above, may be exceeded with the approval of zoning board of approvals. The following conditions (at a minimum) shall be established for such requests:

1.

The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas.

2.

The fence shall be screened on its external side with adequate plants to maintain an attractive appearance to said side.

3.

The fence shall be setback from the property line beyond the requirement of subsection (f)(2) above, such distance as appropriate to contain adequate landscaping per subsection d.2 above, and to maintain an attractive relationship to fences external side.

(4)

Good neighbor fence. A fence constructed of solid or spaced boards, where the face boards are installed at the center of the posts so that the fence looks the same from both sides.

(5)

Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property. Fences shall be constructed so as to have the decorative side or "best side" facing the neighboring property and/or street, unless the fence is of the "Good Neighbor Fence" where both sides look the same.

(6)

Maintenance. All fences, landscape walls, or decorative posts shall be constructed in a structurally sound, and workmanlike manner and of substantial materials reasonably suitable for the purpose for which it is intended. Every fence, landscape walls, or decorative posts shall be maintained in such condition as to not become or remain in a condition of disrepair, danger, or constitute a hazard.

(7)

Swimming pools. Swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, shall not be less than four feet in height, and shall be so constructed so as not to have voids, holes, or openings larger than four inches in one dimension. Above-ground pools with built-in fencing and locking gates to prevent unguarded entry will be allowed without separate additional fencing, provided the built-in fencing is not less than the minimum height and designed as heretofore specified. No fence shall be located, erected, constructed or maintained closer to a pool than three feet.

(Ord. No. 29-2015, § I, 12-7-2015)

(a)

Industrial, institutional, school or playground fences shall not be classed as ornamental fences, and the height regulations as set forth in this division shall not apply.

(b)

Fences in this classification shall be constructed of woven, interwoven or welded wire fence for air flow and vision in its entire length and height.

(Ord. No. 29-2015, § I, 12-7-2015)

Any person violating any of the provisions of this division shall be subject to the following penalties:

(1)

The owners shall be notified in writing to remove or comply in every way with the provisions of this division and shall have ten days in which to comply.

(2)

In case of noncompliance, the building inspector or housing inspector shall order the fence removed and the cost of such work shall be assessed against the property owner. No damage shall be awarded to the owner for the destruction of fences pursuant to this division.

(3)

The owners of the property shall be subject to a forfeiture of not less than $5.00 nor more than $25.00, together with the costs of prosecution, and each day's failure to comply shall constitute a separate violation, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days for each violation.

(Ord. No. 29-2015, § I, 12-7-2015)

No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.

(Code 2001, § 17.07)

(a)

Yard and lot requirements. No part of the yard or open space required for a building shall be included as part of the yard or other space required for another building. No single-family or two-family zoned lot shall have more than one principal building.

(b)

Projections into yards. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and ordinary projections of sills, cornices and ornamental features projecting not more than 30 inches.

(c)

Fire escapes. Open or enclosed fire escapes may project into a required yard not more than five feet and into a required court not more than 3½ feet, provided that it shall be so located as not to obstruct light or ventilation.

(d)

Yards in commercial and industrial districts. No side yard or front yard in any commercial or industrial district shall be used for storage or the conduct of business.

(Code 2001, § 17.08)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances.

(Code 2001, § 17.09)

In each quadrant of every street intersection, there shall be designated a vision clearance triangle bounded by the street right-of-way lines and a line connecting them 25 feet from their intersection measured along such right-of-way lines, or, in the case of curved right-of-way corners, that triangular area bounded by the tangents to such curve and a line connecting such tangents 25 feet from their intersection measured along the tangents. The tangents referred to are those that commence at the beginning and end of the curved portion of the street right-of-way. Within vision clearance areas, no person shall install or maintain any object, growth or other obstruction to the view higher than 30 inches above the level of the center of the adjacent street intersection.

(Code 2001, § 17.10)

In any commercial or industrial district, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall at all times be free and unobstructed to the passage of vehicular and pedestrian traffic, except as noted in section 62-50(k) of this Code.

(Code 2001, § 17.11)

All churches, theaters, arenas, auditoriums or other places of public gathering located on county, state or federal highways that are erected after the effective date of the ordinance from which this section is derived shall provide an accessible parking place of sufficient size to accommodate at least one car for every five seats provided, unless an adequate off-street parking place is available.

(Code 2001, § 17.12)