- SIGNS
The purpose of this article is to establish standards for the fabrication, erection, and use of signs for all properties within the county, except that signage in public rights-of-way is subject to approval of the jurisdiction managing that right-of-way and not this article. This article regulates the location, type, size, and height of signage based on the finding that such regulation furthers the following compelling governmental interests, while still being narrowly defined so as to limit any prohibitions on commercial speech on exterior signage:
(1)
To promote the public welfare, health, and safety of all persons using the public thoroughfares and rights-of-way as to the signage displayed thereon, or overhanging, or projecting into such public spaces;
(2)
To advance aesthetic goals throughout the community, and to ensure the effectiveness and flexibility in the design of, and the creativity of, the use of such devices without creating detriment to the general public;
(3)
To aid in the proper development and promotion of business and industry;
(4)
To recognize that different zoning districts and different geographic areas of the community have different characteristics, and that sign regulations should vary based in part on those differences; and
(5)
To implement the community vision, goals and objectives, and signage recommendations contained within the county comprehensive plan.
(Ord. No. 7-14, § X.6.1, 1-28-2022)
The following sign uses and purposes are permitted in all zoning districts without the need for a land use permit. Such signs shall not count as part of the maximum permitted sign area in the zoning district in which they are located. See article IX of this chapter for sign definitions.
(1)
Addresses.
(2)
Architectural elements.
(3)
Auxiliary signs.
(4)
Bulletin boards.
(5)
Business nameplates.
(6)
Commemorative signs.
(7)
Construction or project identification signs.
(8)
Farm signs.
(9)
Flags and standards.
(10)
Garage sale signs.
(11)
Historical markers.
(12)
Holiday decorations.
(13)
Interior signs.
(14)
Management signs.
(15)
Menu board signs.
(16)
Open signs.
(17)
Political/election signs.
(18)
Real estate signs.
(19)
Regulatory and government information signs.
(20)
Required signs.
(21)
Residential signs.
(22)
Sandwich board/pedestal signs.
(23)
Site information signs.
(24)
Special displays/event banners.
(25)
Temporary window signs.
(26)
Temporary signs.
(Ord. No. 7-14, § X.6.2, 1-28-2022)
(a)
Except as otherwise provided in section 40-155, no sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a land use permit. This section shall apply and be construed to require a permit for any conversions or changes in the sign structure. This section shall not apply to repainting with the same sign copy, cleaning, repair, or other normal maintenance of the sign or sign structure. No new permit is required for signs which are in place as of April 19, 2011, and such signs may remain as legal nonconforming structures. Any alteration or relocation of such signs shall conform to the requirements of this section.
(b)
Any land use permit granted per section 40-232 may not be assigned or transferred to any other sign or modified sign face or sign structure.
(c)
The owner or tenant may include all such signs at one premises under one land use permit.
(d)
Any existing or proposed sign on property abutting STHs 187, 160, 156, 153, 117, 110, 55, 52, 47, 45, 32, 29, 22; and within any other Wisconsin Department of Transportation right-of-way or setback jurisdiction may also require approval from the Wisconsin Department of Transportation.
(Ord. No. 7-14, § X.6.3, 1-28-2022)
See article IX of this chapter for definitions of sign purposes and configurations that shall be used in this section to assist in the establishment of clear signage regulations. Article IX of this chapter also includes unique size, height, placement, and other standards for certain types of signs.
(Ord. No. 7-14, § X.6.4, 1-28-2022)
The regulations contained in this section apply to signs in all zoning districts.
(1)
Sign prohibitions and limitations.
a.
No sign shall be erected at any location where it may, by reason of its position, shape, color or design, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, nor shall such sign make use of words such as "stop," "look," "drive-in," "danger," or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse users of streets or highways.
b.
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.
c.
No private sign shall be attached to or painted on any fence, public utility pole, public light pole or traffic regulatory structure.
d.
No inflatable, fluttering, undulating, swinging, rotating, or otherwise moving signs, pennants or other decorations shall be permitted.
e.
No illuminated flashing or animated signs shall be permitted. Variable message signs meeting the definition and requirements of this section shall not be considered illuminated flashing or animated signs.
f.
No illuminated sign/bulb shall be permitted where the lighting element (except for neon signs) is visible from any property within a residential zoning district or does not meet the lighting requirements of section 40-133.
g.
Except for projecting, awning, marquee and sandwich board/pedestal signs or as may be specifically authorized in a PUD zoning district meeting all of the applicable requirements of this section, no sign other than a regulatory or government information sign shall be permitted within or extend into a public right-of-way.
h.
No sign shall be mounted or displayed on, or extend above the top edge of a roof. No on-building sign shall extend above the top-most edge of an exterior wall.
i.
No mobile, portable, or advertising vehicle signs shall be permitted. Sandwich board signs as defined and regulated in this section shall not be considered mobile or portable signs.
(2)
Sign location requirements.
a.
Vision triangles. Signs must meet the vision triangle requirements of section 40-131(d).
b.
Setbacks. The permitted locations and setbacks of all freestanding signs shall be as indicated in this section. Sign setback shall be the shortest distance between the vertical plane extending from the property line (or other basis for the setback point) to the nearest structural element of the sign, whether the sign element is attached to the ground or suspended above ground.
c.
Minimum ground clearance. Pylon, projecting, marquee and awning signs more than six feet in height shall have a minimum clearance from grade of eight feet to the bottom of the sign. All pylon, projecting, marquee and awning signs shall not project into any vehicle circulation area, beyond any public street curb line, or beyond any public street pavement edge if no curb is present.
(3)
Community information signs. On-premises and off-premises community information signs shall be allowed only by conditional use permit within all zoning districts and upon any property, except that temporary installments of such signs for a period not exceeding 30 days may be allowed by land use permit only. Such signs shall be subject to the following regulations:
a.
Only display information regarding public events, public facilities, and public information of general interest to residents.
b.
May have changeable copy or variable message board.
c.
Shall not be counted as adding to the area of signage on the property on which it is placed for the purposes of regulating sign area.
(4)
Variable message signs (VMS).
a.
Length of cycle. Messages and non-text images shall not change appearance more than once every ten seconds and transitions between messages shall be via instantaneous change. Use of variable message signs for images, text, or lighting that change appearance in a manner not permitted above shall be considered prohibited flashing or animated signs. No scrolling messages are permitted.
b.
Brightness adjustment. All VMS shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination. Light output shall not exceed that allowed under section 40-133.
c.
Dimensions. The illuminated or message display area of the VMS is subject to the same height and area requirements as other on-premises business signs in the zoning district. All variable message signs shall be included in the calculation of total permitted sign area for the type of on-premises business sign (wall or freestanding) and the zoning district in which the sign is located.
d.
Maintenance. All VMS shall be maintained so as to be able to display messages in a complete and legible manner.
e.
Location. In addition to standard setback requirements for the applicable sign type, no VMS shall be positioned to be visible from any residential use unless at least 100 feet from the use.
(5)
Window signs.
a.
Area. The total of all signs in the window area, including temporary and permanently mounted signs, shall not exceed 25 percent of the window area. For any business using no other signs than a permanent window sign, the amount of permanent and temporary window sign area may be increased to 35 percent of the window area.
b.
Installation. Window signs shall be confined within the transparent glazed area of the window and shall not encroach upon the frame, mullions, or other supporting features of the glass. All permanent window signs that have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to the exterior building window or door.
c.
Maintenance. All window signs shall be maintained so as to be able to display messages in a complete and legible manner.
d.
Location. No window signs shall be allowed on residentially zoned property.
e.
Area calculations. The area or window signs shall be calculated in the same manner as other on-building signs, and shall count against the maximum number and area for on-building business signs as specified in Table 40-159.
(6)
Sandwich board/pedestal signs.
a.
There shall be a maximum of one sandwich board/pedestal sign per business.
b.
Height shall not exceed six feet (as measured when such sign is properly placed directly on the ground or sidewalk surface), width shall not exceed three feet, and sign area shall not exceed nine square feet per side.
c.
All sandwich board/pedestal signs shall be designed to be self-supporting and in such a manner to withstand the elements, including the ability to remain upright on windy days.
d.
No sandwich board/pedestal sign shall be illuminated in any manner (except via cordless power for not more than 30 days in any calendar year), have more than two sides, be placed off-premises (except where allowed on a sidewalk immediately adjacent to the business lot to which it relates), or be designed to resemble a public regulatory sign (such as a stop sign).
e.
No sandwich board/pedestal sign shall extend onto or into a public right-of-way, except that within the H Hamlet District or as may be specifically authorized in a PUD zoning district, a sandwich board/pedestal sign may be placed within the public sidewalk or otherwise on public land between the front of the building and the street pavement, provided that there is not adequate space available on the premises to place the sign on private property in a manner that is visible to the public and the sign is placed directly in front of the business to which it is related.
f.
Placement of all sandwich board/pedestal signs shall meet all intersection visibility requirements in section 40-131(d), and shall otherwise not impede auto or pedestrian traffic or visibility in the determination of the zoning administrator. This may require relocation or adjustments to height or design.
g.
All sandwich board/pedestal signs must be kept in good condition, as determined by the zoning administrator and per the maintenance requirements of section 40-161.
h.
Sandwich board/pedestal signs shall not count against the maximum area or number of business signs allowed per Table 40-159.
(7)
Off-premises advertising signs (including billboards but not including off-premises directional signs).
a.
Permitted locations:
1.
Must be located within 2,640 feet (measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) of the interchanges of state and federal highways with state, federal, or county trunk highways within the county, including and limited to State Highways 187, 153, 29, 47, 55, 22, 156, 52, 110, 117, 32, 160, U.S. Highway 45, and County Trunk Highway K.
2.
Shall not be located within 800 feet of an existing residence, park, school, church, hospital, cemetery, government building or within 2,000 feet of an intersection right-of-way, or interchange right-of-way (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way), or 1,500 feet from another off-premises advertising sign.
b.
Maximum number allowed: one per parcel, except two will be allowed if combined on the same structure.
c.
Minimum lot width: 50 feet frontage along a highway listed in subsection (7)a of this section.
d.
Setback regulations:
1.
Minimum front or street yard setback: 25 feet from highway right-of-way.
2.
Maximum front or street yard setback: 300 feet from highway right-of-way.
3.
Minimum interior side yard setback: height of the sign.
4.
Minimum rear yard setback: height of the sign.
e.
The maximum area for off-premises advertising signs shall be per structure, exclusive of border and trim, apron, base supports, or other structural members. No copy or advertising shall be allowed on the border, apron, or trim.
f.
Off-premises advertising signs which are back-to-back, side-by-side, bottom-on-top, and V-shaped shall be considered as one structure if they are physically contiguous and which share a common structure in whole or in part.
g.
Off-premises advertising signs may be illuminated, subject to the following:
1.
Off-premises advertising signs shall meet the lighting standards in section 40-133 or obtain a waiver from these standards from the planning, development, and zoning committee.
2.
Off-premises advertising signs which contain, include, or are illuminated by any flashing, intermittent or moving lights are prohibited, except for the purpose of giving public service information, such as time and temperature.
3.
Off-premises advertising signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled portion of a highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle are prohibited.
4.
No off-premises advertising sign shall be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
5.
Off-premises advertising signs which are not effectively shielded as to prevent beams or rays of light from being directed at or towards a residence are prohibited.
h.
Off-premises advertising signs shall not contain moving parts; copy which simulates any traffic control sign; devices which emit audible sound, odor or particulate matter; or statements, words or pictures of obscene, pornographic, immoral character or containing advertising matter which is untruthful.
i.
Off-premises advertising signs which are affixed to, or painted on, or represented directly or indirectly on the walls or roofs of buildings are prohibited.
j.
No off-premises advertising sign shall be erected on more than four uprights.
(8)
Off-premises directional signs.
a.
The sign shall primarily serve a directional purpose.
b.
A maximum of three off-premises directional signs for each place may be displayed, per the dimensional and placement standards in this section. For purposes of this subsection, one business, attraction, farm, or organization shall constitute a place.
c.
Off-premises directional signs may not be illuminated; contain any moving parts; simulate any traffic control sign; contain devices which emit audible sound, odor or particulate matter; or bear or contain statements, words or pictures of obscene, pornographic, immoral character or containing matter which is untruthful.
(Ord. No. 7-14, § X.6.5, 1-28-2022)
Signage shall be permitted per the requirements of sections 40-154 through 40-158 and the following:
Table 40-159. Regulations for Signs Allowed by Land Use Permit, Organized by Zoning District
1 Major highways include all state highways in the county.
(Ord. No. 7-14, § X.6.6, 1-28-2022)
(a)
Temporary signs regulated under this section include, but are not limited to, temporary real estate signs, construction or project identification signs, temporary commercial signs and banners, temporary residential signs, public event signs, personal greeting or congratulatory signs, temporary window signs, or others as determined by the zoning administrator.
(b)
Any one business is permitted to display no more than two temporary commercial signs and banners at a single time, and any combination of temporary commercial signs and banners for a maximum of 90 days within any 12-month calendar-year period.
(c)
All temporary signs shall be anchored or supported in a manner which reasonably prevents the possibility of the signs becoming hazards to the public health and safety.
(d)
A mobile, portable, or advertising vehicle sign is not a permitted temporary sign. This does not apply to sandwich board signs.
(Ord. No. 7-14, § X.6.7, 1-28-2022)
(a)
All signs shall be constructed and mounted so as to comply with state building and electrical codes.
(b)
No sign or any part thereof, or anchor, brace, or guide rod shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe.
(c)
No sign or any part thereof, or anchor, brace or guide rod shall he attached, erected, or maintained which may cover or obstruct any door, doorway, or window of any building which may hinder or prevent ingress or egress through such door, doorway, or window, or which may hinder or prevent the raising or placing of ladders against such building in the event of fire.
(d)
No sign not designed and constructed to withstand winds during typical storm events in the state shall be erected at any location.
(e)
No freestanding sign shall be erected at any location which is not designed and constructed with footings for support of such sign which extend not less than 48 inches below the existing ground level.
(f)
No sign attached to a building which is permitted to project away from the building wall shall be designed and constructed when the attachment to such wall extends above a point of bearing with the roof rafters.
(g)
All signs and structures appurtenant thereto shall be maintained in a neat and proper state of appearance.
(h)
Proper maintenance shall be the absence of loose materials (including peeling paint, paper or other material), the lack of excessive rust, the lack of excessive vibration or shaking, and the presence of the original structural integrity of the sign, its frame and other supports, its mounting, and all components thereof.
(i)
The repainting, changing of parts, and preventive maintenance of signs which completely conform to the requirements of this section, and result in absolutely no change in the appearance of the sign from that originally approved, shall not be deemed alterations requiring a land use permit.
(j)
The owner, lessee, or manager of a sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
(Ord. No. 7-14, § X.6.8, 1-28-2022)
(a)
Except for legal nonconforming signs, which shall be regulated as nonconforming structures under section 40-198, the zoning administrator shall hereby be authorized to issue a sign removal order (SRO) ordering the removal of any sign that does not comply with the location, dimension, setback, spacing, or other requirements of this section and revoke any previously issued land use permit associated with such sign.
(b)
The SRO shall identify the alleged owner of the sign, include a photograph of the sign, describe the location of the sign and briefly explain why the sign does not comply with this section. The SRO shall further explain that the sign shall be removed within 60 days of the date of the SRO, and if the sign is not removed in that time period, that the county may then remove the sign, and may invoice the owner a fee for any such removal costs. The SRO shall be sent by registered mail or be personally served.
(c)
The SRO shall further notify the alleged owner of the sign that the party shall have 30 days from the date of the SRO to file for an appeal of the SRO with the county board of adjustment. The SRO shall also provide the sign owner of the address to which the appeal request should be directed, notify the appeal requestor of the fee that must be paid, direct the alleged owner to explain the basis for the appeal request, and notify the alleged owner that appeals that are not received with the required fee within 30 days of the SRO may be summarily dismissed based on a lack of timeliness.
(d)
Upon receiving a timely appeal request with the fee, the county board of adjustment shall review the appeal and grant or deny the appeal as it deems proper in its discretion, per the procedures established under section 40-228(b).
(e)
If no appeal request of the SRO with the fee is timely received, or if a request for review is received but subsequently denied, the zoning administrator may remove the sign. After removing the sign, the sign shall be retained for a period of 30 days. If no claim is made for the sign within 30 days after it is removed, the zoning administrator may discard or destroy the sign as he or she deems necessary. The department may invoice the owner of the sign for the cost of removing and discarding/destroying the sign.
(f)
If the owner of any sign existing in violation of this section has previously been issued an SRO during any previous 12-month period, and such SRO has not been successfully appealed, the sign owner may be assessed a citation in the amount of $500.00 by the zoning administrator for any subsequent violations. If the owner fails to pay such expense within one month of being billed therefore, or has not made arrangement for payment satisfactory to the county attorney, then such expense shall become a lien on the property and shall be placed upon the tax roll.
(Ord. No. 7-14, § X.6.9, 1-28-2022)
(a)
Signs lawfully existing at the time of the adoption or amendment of this section may be continued although the use, size, or location does not conform with the provisions of this section. However, it shall be deemed a nonconforming structure; and the provisions of section 40-198 shall apply. Nonconforming signs may be maintained. No nonconforming on-premises sign shall be altered or moved to a new location without being brought into compliance with the requirements of this section. Refer also to subsection (c) of this section.
(b)
Business signs on the premises of a nonconforming use or building may be continued, but new signs for such uses shall not be allowed, nor shall expand in number, area, height, or illumination. New signs, not to exceed the maximum allowable sign areas under this section, may be erected only upon the complete removal of all other signs existing at the time of adoption of the ordinance from which this section is derived.
(c)
Nonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use, or shall be removed per section 40-162. Closing businesses must remove their building signs and freestanding sign faces within 60 days of closing, or sooner if the zoning administrator determines that the signs do not meet the maintenance requirements of section 40-161.
(d)
Regardless of its conforming or nonconforming status, the replacement of signs damaged or destroyed by vehicle accident or act of God (e.g., wind) shall not require a land use permit, provided that the replacement sign is the same as or essentially identical to the sign damaged or destroyed and such replacement occurs within 60 days of the incident.
(Ord. No. 7-14, § X.6.10, 1-28-2022)
- SIGNS
The purpose of this article is to establish standards for the fabrication, erection, and use of signs for all properties within the county, except that signage in public rights-of-way is subject to approval of the jurisdiction managing that right-of-way and not this article. This article regulates the location, type, size, and height of signage based on the finding that such regulation furthers the following compelling governmental interests, while still being narrowly defined so as to limit any prohibitions on commercial speech on exterior signage:
(1)
To promote the public welfare, health, and safety of all persons using the public thoroughfares and rights-of-way as to the signage displayed thereon, or overhanging, or projecting into such public spaces;
(2)
To advance aesthetic goals throughout the community, and to ensure the effectiveness and flexibility in the design of, and the creativity of, the use of such devices without creating detriment to the general public;
(3)
To aid in the proper development and promotion of business and industry;
(4)
To recognize that different zoning districts and different geographic areas of the community have different characteristics, and that sign regulations should vary based in part on those differences; and
(5)
To implement the community vision, goals and objectives, and signage recommendations contained within the county comprehensive plan.
(Ord. No. 7-14, § X.6.1, 1-28-2022)
The following sign uses and purposes are permitted in all zoning districts without the need for a land use permit. Such signs shall not count as part of the maximum permitted sign area in the zoning district in which they are located. See article IX of this chapter for sign definitions.
(1)
Addresses.
(2)
Architectural elements.
(3)
Auxiliary signs.
(4)
Bulletin boards.
(5)
Business nameplates.
(6)
Commemorative signs.
(7)
Construction or project identification signs.
(8)
Farm signs.
(9)
Flags and standards.
(10)
Garage sale signs.
(11)
Historical markers.
(12)
Holiday decorations.
(13)
Interior signs.
(14)
Management signs.
(15)
Menu board signs.
(16)
Open signs.
(17)
Political/election signs.
(18)
Real estate signs.
(19)
Regulatory and government information signs.
(20)
Required signs.
(21)
Residential signs.
(22)
Sandwich board/pedestal signs.
(23)
Site information signs.
(24)
Special displays/event banners.
(25)
Temporary window signs.
(26)
Temporary signs.
(Ord. No. 7-14, § X.6.2, 1-28-2022)
(a)
Except as otherwise provided in section 40-155, no sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a land use permit. This section shall apply and be construed to require a permit for any conversions or changes in the sign structure. This section shall not apply to repainting with the same sign copy, cleaning, repair, or other normal maintenance of the sign or sign structure. No new permit is required for signs which are in place as of April 19, 2011, and such signs may remain as legal nonconforming structures. Any alteration or relocation of such signs shall conform to the requirements of this section.
(b)
Any land use permit granted per section 40-232 may not be assigned or transferred to any other sign or modified sign face or sign structure.
(c)
The owner or tenant may include all such signs at one premises under one land use permit.
(d)
Any existing or proposed sign on property abutting STHs 187, 160, 156, 153, 117, 110, 55, 52, 47, 45, 32, 29, 22; and within any other Wisconsin Department of Transportation right-of-way or setback jurisdiction may also require approval from the Wisconsin Department of Transportation.
(Ord. No. 7-14, § X.6.3, 1-28-2022)
See article IX of this chapter for definitions of sign purposes and configurations that shall be used in this section to assist in the establishment of clear signage regulations. Article IX of this chapter also includes unique size, height, placement, and other standards for certain types of signs.
(Ord. No. 7-14, § X.6.4, 1-28-2022)
The regulations contained in this section apply to signs in all zoning districts.
(1)
Sign prohibitions and limitations.
a.
No sign shall be erected at any location where it may, by reason of its position, shape, color or design, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, nor shall such sign make use of words such as "stop," "look," "drive-in," "danger," or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse users of streets or highways.
b.
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.
c.
No private sign shall be attached to or painted on any fence, public utility pole, public light pole or traffic regulatory structure.
d.
No inflatable, fluttering, undulating, swinging, rotating, or otherwise moving signs, pennants or other decorations shall be permitted.
e.
No illuminated flashing or animated signs shall be permitted. Variable message signs meeting the definition and requirements of this section shall not be considered illuminated flashing or animated signs.
f.
No illuminated sign/bulb shall be permitted where the lighting element (except for neon signs) is visible from any property within a residential zoning district or does not meet the lighting requirements of section 40-133.
g.
Except for projecting, awning, marquee and sandwich board/pedestal signs or as may be specifically authorized in a PUD zoning district meeting all of the applicable requirements of this section, no sign other than a regulatory or government information sign shall be permitted within or extend into a public right-of-way.
h.
No sign shall be mounted or displayed on, or extend above the top edge of a roof. No on-building sign shall extend above the top-most edge of an exterior wall.
i.
No mobile, portable, or advertising vehicle signs shall be permitted. Sandwich board signs as defined and regulated in this section shall not be considered mobile or portable signs.
(2)
Sign location requirements.
a.
Vision triangles. Signs must meet the vision triangle requirements of section 40-131(d).
b.
Setbacks. The permitted locations and setbacks of all freestanding signs shall be as indicated in this section. Sign setback shall be the shortest distance between the vertical plane extending from the property line (or other basis for the setback point) to the nearest structural element of the sign, whether the sign element is attached to the ground or suspended above ground.
c.
Minimum ground clearance. Pylon, projecting, marquee and awning signs more than six feet in height shall have a minimum clearance from grade of eight feet to the bottom of the sign. All pylon, projecting, marquee and awning signs shall not project into any vehicle circulation area, beyond any public street curb line, or beyond any public street pavement edge if no curb is present.
(3)
Community information signs. On-premises and off-premises community information signs shall be allowed only by conditional use permit within all zoning districts and upon any property, except that temporary installments of such signs for a period not exceeding 30 days may be allowed by land use permit only. Such signs shall be subject to the following regulations:
a.
Only display information regarding public events, public facilities, and public information of general interest to residents.
b.
May have changeable copy or variable message board.
c.
Shall not be counted as adding to the area of signage on the property on which it is placed for the purposes of regulating sign area.
(4)
Variable message signs (VMS).
a.
Length of cycle. Messages and non-text images shall not change appearance more than once every ten seconds and transitions between messages shall be via instantaneous change. Use of variable message signs for images, text, or lighting that change appearance in a manner not permitted above shall be considered prohibited flashing or animated signs. No scrolling messages are permitted.
b.
Brightness adjustment. All VMS shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination. Light output shall not exceed that allowed under section 40-133.
c.
Dimensions. The illuminated or message display area of the VMS is subject to the same height and area requirements as other on-premises business signs in the zoning district. All variable message signs shall be included in the calculation of total permitted sign area for the type of on-premises business sign (wall or freestanding) and the zoning district in which the sign is located.
d.
Maintenance. All VMS shall be maintained so as to be able to display messages in a complete and legible manner.
e.
Location. In addition to standard setback requirements for the applicable sign type, no VMS shall be positioned to be visible from any residential use unless at least 100 feet from the use.
(5)
Window signs.
a.
Area. The total of all signs in the window area, including temporary and permanently mounted signs, shall not exceed 25 percent of the window area. For any business using no other signs than a permanent window sign, the amount of permanent and temporary window sign area may be increased to 35 percent of the window area.
b.
Installation. Window signs shall be confined within the transparent glazed area of the window and shall not encroach upon the frame, mullions, or other supporting features of the glass. All permanent window signs that have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to the exterior building window or door.
c.
Maintenance. All window signs shall be maintained so as to be able to display messages in a complete and legible manner.
d.
Location. No window signs shall be allowed on residentially zoned property.
e.
Area calculations. The area or window signs shall be calculated in the same manner as other on-building signs, and shall count against the maximum number and area for on-building business signs as specified in Table 40-159.
(6)
Sandwich board/pedestal signs.
a.
There shall be a maximum of one sandwich board/pedestal sign per business.
b.
Height shall not exceed six feet (as measured when such sign is properly placed directly on the ground or sidewalk surface), width shall not exceed three feet, and sign area shall not exceed nine square feet per side.
c.
All sandwich board/pedestal signs shall be designed to be self-supporting and in such a manner to withstand the elements, including the ability to remain upright on windy days.
d.
No sandwich board/pedestal sign shall be illuminated in any manner (except via cordless power for not more than 30 days in any calendar year), have more than two sides, be placed off-premises (except where allowed on a sidewalk immediately adjacent to the business lot to which it relates), or be designed to resemble a public regulatory sign (such as a stop sign).
e.
No sandwich board/pedestal sign shall extend onto or into a public right-of-way, except that within the H Hamlet District or as may be specifically authorized in a PUD zoning district, a sandwich board/pedestal sign may be placed within the public sidewalk or otherwise on public land between the front of the building and the street pavement, provided that there is not adequate space available on the premises to place the sign on private property in a manner that is visible to the public and the sign is placed directly in front of the business to which it is related.
f.
Placement of all sandwich board/pedestal signs shall meet all intersection visibility requirements in section 40-131(d), and shall otherwise not impede auto or pedestrian traffic or visibility in the determination of the zoning administrator. This may require relocation or adjustments to height or design.
g.
All sandwich board/pedestal signs must be kept in good condition, as determined by the zoning administrator and per the maintenance requirements of section 40-161.
h.
Sandwich board/pedestal signs shall not count against the maximum area or number of business signs allowed per Table 40-159.
(7)
Off-premises advertising signs (including billboards but not including off-premises directional signs).
a.
Permitted locations:
1.
Must be located within 2,640 feet (measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) of the interchanges of state and federal highways with state, federal, or county trunk highways within the county, including and limited to State Highways 187, 153, 29, 47, 55, 22, 156, 52, 110, 117, 32, 160, U.S. Highway 45, and County Trunk Highway K.
2.
Shall not be located within 800 feet of an existing residence, park, school, church, hospital, cemetery, government building or within 2,000 feet of an intersection right-of-way, or interchange right-of-way (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way), or 1,500 feet from another off-premises advertising sign.
b.
Maximum number allowed: one per parcel, except two will be allowed if combined on the same structure.
c.
Minimum lot width: 50 feet frontage along a highway listed in subsection (7)a of this section.
d.
Setback regulations:
1.
Minimum front or street yard setback: 25 feet from highway right-of-way.
2.
Maximum front or street yard setback: 300 feet from highway right-of-way.
3.
Minimum interior side yard setback: height of the sign.
4.
Minimum rear yard setback: height of the sign.
e.
The maximum area for off-premises advertising signs shall be per structure, exclusive of border and trim, apron, base supports, or other structural members. No copy or advertising shall be allowed on the border, apron, or trim.
f.
Off-premises advertising signs which are back-to-back, side-by-side, bottom-on-top, and V-shaped shall be considered as one structure if they are physically contiguous and which share a common structure in whole or in part.
g.
Off-premises advertising signs may be illuminated, subject to the following:
1.
Off-premises advertising signs shall meet the lighting standards in section 40-133 or obtain a waiver from these standards from the planning, development, and zoning committee.
2.
Off-premises advertising signs which contain, include, or are illuminated by any flashing, intermittent or moving lights are prohibited, except for the purpose of giving public service information, such as time and temperature.
3.
Off-premises advertising signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled portion of a highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle are prohibited.
4.
No off-premises advertising sign shall be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
5.
Off-premises advertising signs which are not effectively shielded as to prevent beams or rays of light from being directed at or towards a residence are prohibited.
h.
Off-premises advertising signs shall not contain moving parts; copy which simulates any traffic control sign; devices which emit audible sound, odor or particulate matter; or statements, words or pictures of obscene, pornographic, immoral character or containing advertising matter which is untruthful.
i.
Off-premises advertising signs which are affixed to, or painted on, or represented directly or indirectly on the walls or roofs of buildings are prohibited.
j.
No off-premises advertising sign shall be erected on more than four uprights.
(8)
Off-premises directional signs.
a.
The sign shall primarily serve a directional purpose.
b.
A maximum of three off-premises directional signs for each place may be displayed, per the dimensional and placement standards in this section. For purposes of this subsection, one business, attraction, farm, or organization shall constitute a place.
c.
Off-premises directional signs may not be illuminated; contain any moving parts; simulate any traffic control sign; contain devices which emit audible sound, odor or particulate matter; or bear or contain statements, words or pictures of obscene, pornographic, immoral character or containing matter which is untruthful.
(Ord. No. 7-14, § X.6.5, 1-28-2022)
Signage shall be permitted per the requirements of sections 40-154 through 40-158 and the following:
Table 40-159. Regulations for Signs Allowed by Land Use Permit, Organized by Zoning District
1 Major highways include all state highways in the county.
(Ord. No. 7-14, § X.6.6, 1-28-2022)
(a)
Temporary signs regulated under this section include, but are not limited to, temporary real estate signs, construction or project identification signs, temporary commercial signs and banners, temporary residential signs, public event signs, personal greeting or congratulatory signs, temporary window signs, or others as determined by the zoning administrator.
(b)
Any one business is permitted to display no more than two temporary commercial signs and banners at a single time, and any combination of temporary commercial signs and banners for a maximum of 90 days within any 12-month calendar-year period.
(c)
All temporary signs shall be anchored or supported in a manner which reasonably prevents the possibility of the signs becoming hazards to the public health and safety.
(d)
A mobile, portable, or advertising vehicle sign is not a permitted temporary sign. This does not apply to sandwich board signs.
(Ord. No. 7-14, § X.6.7, 1-28-2022)
(a)
All signs shall be constructed and mounted so as to comply with state building and electrical codes.
(b)
No sign or any part thereof, or anchor, brace, or guide rod shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe.
(c)
No sign or any part thereof, or anchor, brace or guide rod shall he attached, erected, or maintained which may cover or obstruct any door, doorway, or window of any building which may hinder or prevent ingress or egress through such door, doorway, or window, or which may hinder or prevent the raising or placing of ladders against such building in the event of fire.
(d)
No sign not designed and constructed to withstand winds during typical storm events in the state shall be erected at any location.
(e)
No freestanding sign shall be erected at any location which is not designed and constructed with footings for support of such sign which extend not less than 48 inches below the existing ground level.
(f)
No sign attached to a building which is permitted to project away from the building wall shall be designed and constructed when the attachment to such wall extends above a point of bearing with the roof rafters.
(g)
All signs and structures appurtenant thereto shall be maintained in a neat and proper state of appearance.
(h)
Proper maintenance shall be the absence of loose materials (including peeling paint, paper or other material), the lack of excessive rust, the lack of excessive vibration or shaking, and the presence of the original structural integrity of the sign, its frame and other supports, its mounting, and all components thereof.
(i)
The repainting, changing of parts, and preventive maintenance of signs which completely conform to the requirements of this section, and result in absolutely no change in the appearance of the sign from that originally approved, shall not be deemed alterations requiring a land use permit.
(j)
The owner, lessee, or manager of a sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
(Ord. No. 7-14, § X.6.8, 1-28-2022)
(a)
Except for legal nonconforming signs, which shall be regulated as nonconforming structures under section 40-198, the zoning administrator shall hereby be authorized to issue a sign removal order (SRO) ordering the removal of any sign that does not comply with the location, dimension, setback, spacing, or other requirements of this section and revoke any previously issued land use permit associated with such sign.
(b)
The SRO shall identify the alleged owner of the sign, include a photograph of the sign, describe the location of the sign and briefly explain why the sign does not comply with this section. The SRO shall further explain that the sign shall be removed within 60 days of the date of the SRO, and if the sign is not removed in that time period, that the county may then remove the sign, and may invoice the owner a fee for any such removal costs. The SRO shall be sent by registered mail or be personally served.
(c)
The SRO shall further notify the alleged owner of the sign that the party shall have 30 days from the date of the SRO to file for an appeal of the SRO with the county board of adjustment. The SRO shall also provide the sign owner of the address to which the appeal request should be directed, notify the appeal requestor of the fee that must be paid, direct the alleged owner to explain the basis for the appeal request, and notify the alleged owner that appeals that are not received with the required fee within 30 days of the SRO may be summarily dismissed based on a lack of timeliness.
(d)
Upon receiving a timely appeal request with the fee, the county board of adjustment shall review the appeal and grant or deny the appeal as it deems proper in its discretion, per the procedures established under section 40-228(b).
(e)
If no appeal request of the SRO with the fee is timely received, or if a request for review is received but subsequently denied, the zoning administrator may remove the sign. After removing the sign, the sign shall be retained for a period of 30 days. If no claim is made for the sign within 30 days after it is removed, the zoning administrator may discard or destroy the sign as he or she deems necessary. The department may invoice the owner of the sign for the cost of removing and discarding/destroying the sign.
(f)
If the owner of any sign existing in violation of this section has previously been issued an SRO during any previous 12-month period, and such SRO has not been successfully appealed, the sign owner may be assessed a citation in the amount of $500.00 by the zoning administrator for any subsequent violations. If the owner fails to pay such expense within one month of being billed therefore, or has not made arrangement for payment satisfactory to the county attorney, then such expense shall become a lien on the property and shall be placed upon the tax roll.
(Ord. No. 7-14, § X.6.9, 1-28-2022)
(a)
Signs lawfully existing at the time of the adoption or amendment of this section may be continued although the use, size, or location does not conform with the provisions of this section. However, it shall be deemed a nonconforming structure; and the provisions of section 40-198 shall apply. Nonconforming signs may be maintained. No nonconforming on-premises sign shall be altered or moved to a new location without being brought into compliance with the requirements of this section. Refer also to subsection (c) of this section.
(b)
Business signs on the premises of a nonconforming use or building may be continued, but new signs for such uses shall not be allowed, nor shall expand in number, area, height, or illumination. New signs, not to exceed the maximum allowable sign areas under this section, may be erected only upon the complete removal of all other signs existing at the time of adoption of the ordinance from which this section is derived.
(c)
Nonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use, or shall be removed per section 40-162. Closing businesses must remove their building signs and freestanding sign faces within 60 days of closing, or sooner if the zoning administrator determines that the signs do not meet the maintenance requirements of section 40-161.
(d)
Regardless of its conforming or nonconforming status, the replacement of signs damaged or destroyed by vehicle accident or act of God (e.g., wind) shall not require a land use permit, provided that the replacement sign is the same as or essentially identical to the sign damaged or destroyed and such replacement occurs within 60 days of the incident.
(Ord. No. 7-14, § X.6.10, 1-28-2022)