Authority. This section is adopted under the authority granted by Wis. Stats. Chapters 62 and 66.

Purpose. The purpose of this section is to create the legal framework to administer and enforce outdoor sign and awning regulations within the city. This section recognizes the need to protect the safety and welfare of the public; the need for well maintained and attractive sign displays within the community and adequate business identification, advertising and communication.

a.

This section authorizes the use of signs visible from the public right-of-way provided the signs are:

i.

Compatible with zoning regulations.

ii.

Designed, constructed, installed and maintained in such a manner as not to endanger public safety or traffic safety.

iii.

Legible, readable and visible in the circumstances in which they are used.

iv.

Respectful of the reasonable rights of other advertisers whose messages are displayed.

b.

Definitions. For the purpose of this section certain words and phrases are hereby defined:

Abandoned sign. No longer correctly directs or exhorts any person, advertises a bona fide business, lesser, owner, product, activity conducted or available.

Animated sign. A sign with a fixed or changing display/message composed of a series of lights that may be changed by electrical, electronic or computerized process or remote control. An animated sign may be fixed (permanently attached to real property) or movable, and may include, but not limited to light emitting diodes (LED), video, television and plasma screens and holographic images.

Area of sign. The area of the largest single face of the sign within a perimeter which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas shall be totaled. Any irregular shaped sign area shall be computed using the actual sign-face surface. In case of wall signs, the area of copy will be used.

Area of copy. The entire area within a single continuous perimeter composed of squares or rectangles, which encloses the extreme limits of the advertising message, announcement or decoration of a wall sign.

Awning. A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. An awning may have an on-premise sign as part of the fabric.

Back to back. Two or more signs facing in opposite directions, are physically contiguous and share a common structure in whole or in part.

Billboard. See off-premises sign.

Building facade. That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Parallel portions of a building facing the same direction shall be considered one building facade.

Business identification sign. Any sign which promotes the name and type of business only on the premises where it is located.

Canopy or marquee. A roof-like structure projecting from a wall and erected to provide shelter from weather and/or architectural enhancement.

Changing sign (automatic). Sign such as electronic or electric controlled time temperature sign, message center or reader board, where different copy changes.

Directional sign. Promotes direction or instruction, located entirely on the property to which it pertains, and does not in any way advertise a business.

Directional off-premises sign. Provide direction or instruction to a location not on the property upon the sign is located.

Electric sign. Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Face. The panel surface of a sign that carries the advertising message.

Frontage. The length of the property line of anyone premise parallel to and along each public right-of-way it borders. Such public right-of-way may be known as a frontage street. All signs, the areas of which are calculated on the basis of the dimension of a street frontage, shall be placed and oriented for primary reading from such street.

Ground sign. A sign erected on a free standing frame, mast or pole, or more than one such mast or pole, not attached to any building; the area of double-faced ground signs shall be calculated on both faces.

Height of sign. The vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign including its structure.

Institutional sign. One sign or bulletin board per street front, setting forth or denoting the name of a public, charitable or religious institution when located on the premises of such institution, provided such sign or bulletin board shall not exceed 24 square feet in area.

Marquee. (See Canopy).

Off-premises sign. Advertises goods, products, facilities or services not on the premises where the sign is located or directs persons to a different location from where the sign is located.

Portable sign. Any sign not permanently attached to the ground or structure or designed to be transported, including, but not limited to signs with wheels removed; with chassis or support constructed without wheels; designed to transported by trailer or wheels; converted to a A-or T frame sign; attached temporarily or permanently to the ground, structure or other signs; mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business; menu and sandwich boards; searchlight stands; and hot-air or gas-filled balloons or umbrellas used for advertising.

Projecting sign. A sign, normally double-faced, which projects at a lateral angle of 15 degrees or more in relation to the facade of a building and may be attached to a structure, building facade, canopy or marquee. The area of projecting signs is calculated on both face.

Reflective sign. A sign containing a material designed to reflect light directed to it for the purpose of nighttime visibility without self-illumination.

Roof sign. Erected upon a roof or above a parapet wall of a building and which is wholly or partially supported by the building.

Sandwich sign. A multiple faced advertising display not permanently attached to a building or to the ground and intended to be displayed for a limited period of time only. Sandwich signs shall be considered as portable signs for the purpose of this section.

Shopping center. A group of architecturally unified commercial establishments built on a site, which is planned, developed, owned and managed as an operating unit and a minimum lot of 40,000 square feet.

Sign. Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service place, activity, person, institution, business or solicitation, including permanently installed or situated merchandise; or any emblem, painting, banner, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays, pennants and flags. For the purpose of removal, signs shall also include all sign structures and restoration to original condition.

Sign structure. Any structure or material which supports, has supported or is capable of supporting or helping maintain a sign in stationary position, including decorative covers.

Swing sign. Sign suspended from an arm, mast or spar, with no other side of the sign permanently fastened to an adjacent wall or upright pole.

V-type sign. Two signs in the shape of the letter V when viewed from above, with their faces oriented in different directions, physically contiguous and sharing a common structure, in whole or in part, and located not more than 15 feet apart at their widest points, constitutes one sign.

Wall sign. Attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building and projects not more than 18 inches from the building nor extends above the building roofline.

Window sign. A sign, lettering, pictures, symbols, or combination thereof to communicate information about the business, product, service or activity, that is placed inside a window or upon the window pane or glass, and is visible from the exterior of the window.

(Ord. No. 09-014-CC, 9-28-2009)

No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without conforming to the provisions of this article.

(Ord. No. OR09-14, § I, 9-28-2009)

The following signs are permitted in all zoning districts without a permit, subject to the following regulations:

(1)

Real estate signs, not to exceed eight square feet in area in a residential district or 32 square feet in other districts, which advertise the sale, rental or lease of the premises upon which such signs are temporarily located. No real estate sign shall be placed in a street right-of-way. Real estate signs shall not be closer than ten feet to a side or rear lot line. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(2)

Personal name and warning signs not to exceed two square feet located on the premises. Personal name and warning signs shall be not less than ten feet from any street right-of-way or any side or rear lot line. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(3)

Home occupation and professional home office signs not to exceed two square feet in area and mounted flush against the dwelling.

(4)

Election campaign sign, provided that permission shall be obtained from the property owner, renter or lessee; and provided that such sign shall not be erected prior to the first day of the election campaign period as defined in Wis. Stats. § 12.04, and shall be removed within two days following the election. No election campaign sign shall be placed in a street right-of-way. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(5)

Rummage sale and garage sale signs, provided that no such signs shall be erected or placed within a public right-of-way and further provided that such signs are removed within 24 hours following the sale. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(6)

Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises. Bulletin boards shall be not less than ten feet from any street right-of-way or any side or rear lot line. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(7)

Memorial signs, tablets, name of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(8)

Official signs, such as traffic control, parking restrictions, information and notices.

(Ord. No. OR09-14, § I, 9-28-2009)

The following signs are permitted in any residential district and are subject to the following regulations:

(1)

Permanent real estate development signs placed at the entrance to a subdivision or development. The plan commission shall determine the appropriate size of the sign based on the design of the sign and its compatibility with adjacent land uses. Residential development signs shall be not less than ten feet from any street right-of-way or any side or rear lot line. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(2)

Temporary development signs for the purpose of designating a new building or development or for promotion of a subdivision may be permitted. The plan commission shall specify the period of time the sign may remain based on the size of the development, allowing a reasonable time to market the development. Residential development signs shall be not less than ten feet from any street right-of-way or any side or rear lot line. Sign placement shall comply with the traffic visibility requirements set forth in section 106-151.

(Ord. No. OR09-14, § I, 9-28-2009)

Signs are permitted in all commercial and industrial districts, subject to the following restrictions:

(1)

Wall signs placed against the exterior walls of buildings shall not extend more than 12 inches outside of a building's wall surface, shall not exceed 500 square feet in area for any one premises, and shall not exceed 20 feet in height above the mean centerline street grade.

(2)

Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area for any one premises; shall not extend more than six feet into any required yard; shall not extend more than three feet into any public right-of-way; shall not be less than ten feet from all side lot lines; shall not exceed a height of 20 feet above the mean centerline street grade; and shall not be less than ten feet above the sidewalk [nor less than] 15 feet above a driveway or an alley.

(3)

Ground signs shall not exceed ten feet in height above the mean centerline street grade, and shall not exceed 100 square feet on one side nor 200 square feet on all sides for any one premises. Ground signs, in all business and industrial districts except the C-1 downtown commercial district, shall be not less than 20 feet from the street right-of-way, and shall be not less than ten feet from a side or rear lot line. Ground signs in the C-1 district shall not be located within the street right-of-way. Sign placement, except in the C-1 district, shall comply with the traffic visibility requirements set forth in section 106-151.

(4)

Pole signs, except those pole signs facing Hwy 10, shall meet the height requirements for the district in which they are located; shall not be less than ten feet above the lot grade or sidewalk and not less than 15 feet above a parking lot, driveway or other area used by motor vehicles; shall not exceed 100 square feet on one side nor 200 square feet on all sides. Pole signs, in all industrial districts except the commercial districts, shall be not less than 20 feet from the street right-of-way, and shall be not less than ten feet from a side or rear lot line. Pole signs in the C-1 district shall not be located within the street right-of-way. There shall be no more than one pole sign on any property. Pole signs fronting on Hwy 10 shall not exceed 45 feet in height; shall not be less than ten feet above the lot grade or sidewalk and not less than 15 feet above a parking lot, driveway or other area used by motor vehicles; and shall not exceed 250 square feet on one side nor 500 square feet on all sides. Pole signs fronting on Hwy 10 shall be not less than 20 feet nor more than 150 feet from the highway right-of-way or any other street right-of-way, and shall be not less than ten feet from a side or rear lot line. Pole signs fronting on Hwy 10 shall be sited on properties with a minimum frontage on Hwy 10 of 250 feet, and there shall be no more than one pole sign on a property. No pole sign on Hwy 10 shall be located closer than 500 feet to another pole sign or billboard. Off-premises pole signs may be permitted on property fronting Hwy 10, provided that the business, industry or enterprise advertised is located within 1,500 feet of Hwy 10.

(5)

Roof signs shall not be permitted.

(6)

Window signs: A sign, lettering, pictures, symbols, or combination thereof to communicate information about the business, product, service or activity, that is placed inside a window or upon the window pane or glass, and is visible from the exterior of the window.

(7)

Billboards erected on or before the date of adoption of the ordinance from which this chapter is derived shall comply with the requirements for a ground sign or pole sign; shall only advertise a business, industry or enterprise located within the corporate limits of the city; shall be located adjacent to a freeway; shall not exceed 400 square feet in area; and shall be not more than 5,000 feet from the business, industry or enterprise. No permit for a billboard shall be issued until the plan commission has reviewed and approved the sign construction and site plans. No new billboards shall be placed or erected in the city after adoption of the ordinance from which this chapter is derived.

(8)

Combinations of any of the above signs shall meet all the requirements for the individual sign. The total number of signs on any one premises shall be limited as follows:

a.

Shopping centers may provide one ground or pole sign displaying the name of the shopping center, lists of individual stores, hours of operation and/or special sales information for each 300 feet of street upon which the shopping center abuts. The shopping center may also provide one wall sign and/or one canopy sign for each business in the shopping center.

b.

Gasoline and/or service stations may provide one pole sign displaying two sign boards. One sign board may show the service station name and/or a product logo. The second signboard may display product prices and other services offered. The total aggregate area of signs on the pole sign shall not exceed 100 square feet on one side and 200 square feet on all sides. In addition, one wall sign may be provided. A maximum of two signs displaying the service station name and/or product logo may be placed on a service island canopy. The canopy signs shall not exceed 18 inches by 48 inches and shall not extend above or below the canopy. Product logos displayed on service pumps shall not be considered signs.

c.

For all other freestanding businesses and industries, total signs shall be limited by the following table:

d.

Window signs shall not be subject to the limitation on numbers of signs.

e.

Fixed and movable animated sign shall not be subject to the limitation on number of signs. (See section 106-203)

(Ord. No. OR09-14, § I, 9-28-2009)

The following signs are permitted in park districts and are subject to the following regulations:

(1)

Private park name signs when approved by the city park and recreation commission/common council.

(2)

Public park name signs when approved by the city park and recreation commission after review and recommendation by the park commission/common council.

(Ord. No. OR09-14, § I, 9-28-2009)

The plan commission may permit the temporary use of a portable sign for advertising purposes in any district, provided that the portable sign will not be located in any public right-of-way, will not be located closer than ten feet to an adjacent property, and will not cause a hazard to traffic or adjoining properties. Portable sign permits shall not be granted for a period of more than 60 days in any 365-day period. The permit required in section 106-200 shall be required for portable signs.

(Ord. No. OR09-14, § I, 9-28-2009)

No sign except those permitted in sections 106-203 and 106-205 shall be permitted to face a residence within 100 feet of such residence.

(Ord. No. OR09-14, § I, 9-28-2009)

Signs shall not resemble, imitate or approximate the shape, size, form or color of traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of traffic signs, signals or devices. Signs shall not be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. Signs shall not be placed so as to obstruct or interfere with traffic visibility, nor be lighted in such a way as to cause glare or impair driver visibility upon public ways. Signs may be illuminated but non-flashing. Copy on time and temperature devices may be cyclical. Signs in residential districts shall not be illuminated.

(Ord. No. OR09-14, § I, 9-28-2009)

(a)

Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of area; and shall be constructed to receive dead loads as required in the city building code or other ordinance.

(b)

Protection of the public. The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration or maintenance of a sign is permitted, provided that the space occupied is roped off, fenced off or otherwise isolated.

(c)

Maintenance. The owner of any sign shall keep it in good maintenance and repair which includes restoring, repainting or replacement of a worn or damaged legally existing sign to its original condition; and shall maintain the premises on which the sign is erected in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds and grass. Banners, pennants and balloons used for advertising shall be securely attached to a building or other stable sign support, and torn, deflated or damaged signs shall be promptly repaired or removed.

(d)

Supporting members or braces. Supporting members or braces of all signs shall be constructed of galvanized iron, properly treated wood, steel, copper, brass or other non- corrosive, incombustible material. Every means or device used for attaching any sign shall extend through the walls of the building should the building inspector determine that the safe and permanent support of such sign so requires, and shall be securely anchored by wall plates and nuts to the inside of the walls in accordance with instructions given by the building inspector. Small flat signs containing less than ten feet of area may be attached to a building by the use of lag bolts or other means to the satisfaction of the building inspector.

(e)

No signs. No sign or any part thereof or sign anchors, braces or guide rods shall be attached, fastened or anchored to any fire escape, fire ladder or standpipe, and no such sign or any part of any such sign or any anchor, brace or guide rod shall be erected, put up or maintained so as to hinder or prevent ingress or egress through such door, doorway or window, or so as to hinder or prevent the raising or placing of ladders against such building by the fire department of the city, as necessity there for may require.

(f)

Abandoned signs.

(1)

Except as otherwise provided in this section, all signs and sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertised is no longer conducted there. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 30 days' written notice to remove the sign and, upon the owner's or lessee's failure to comply, may remove such sign, any cost for which shall be charged to the owner of the property, or the building inspector may take any other appropriate action necessary to attain compliance.

(2)

Deteriorated or dilapidated signs shall be removed in the same manner as abandoned signs.

(3)

Upon receipt of a written request from the owner of record of the real property involved, his heirs or agent, the building inspector may grant, after review and approval by the plan commission, a written ten-month extension of time within which on-premises signs not meeting all of the following conditions are to be removed:

a.

Such signs conform to the provisions of this section.

b.

Permits have been issued for such signs.

c.

Such signs are in good physical repair.

d.

Such signs are located upon vacant premises within or upon which a use can be re-established in accordance with the code, similar to the former use.

e.

Such signs are so constructed as to readily permit their reuse by means of replacing message copy or lettered faces.

(Ord. No. OR09-14, § I, 9-28-2009; Ord. No. OR12-14, § 1, 9-24-2012)

Signs lawfully existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although the use, size or location does not conform with the provisions of this article. However, all nonconforming signs shall be deemed to have exhausted their economic life after seven years from the time they became nonconforming. Nonconforming signs, after this seven-year period, shall either be made to conform to the terms of this article or shall be removed by the owner, agent or person having beneficial use of the property. Nonconforming signs during the seven-year grace period shall be kept in good repair, but the cost of maintenance shall not be considered grounds for their continued use beyond the seven-year period. The building inspector shall, after the seven-year grace period, notify the owner, agent or person having beneficial use of the property, of the expiration of the grace period. After 30 days, if the sign has not been made to conform to this article or removed, the building inspector shall initiate appropriate punitive action. Signs which are not repaired, painted or maintained pursuant to written notification and orders by the building inspector shall also be subject to punitive action.

(Ord. No. OR09-14, § I, 9-28-2009)

(a)

Application for a sign permit shall be made on forms provided by the building inspector or city clerk/treasurer and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant. Location of building, structure, or lot to which, or upon which the sign is to be attached, or erected.

(2)

Name of person, firm, corporation or association erecting the sign.

(3)

Written consent of the owner or lessee of the building, structure or land to which or upon which the sign is to be affixed.

(4)

A scale drawing of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment including the position of such sign in relation to nearby buildings or structures.

(5)

Copies of any other permit required and issued for such sign, including the written approval by the building inspector, in the case of illuminated signs, who shall examine the plans and specifications, inspecting of all wiring and connections to determine if the same complies with provisions of Article 600 National Electrical Code and the city electrical code.

(6)

Additional information as may be required by the building inspector or city plan commission.

(b)

Sign permit applications shall be filed with the building inspector, who shall review the application for its completeness and accuracy and approve or deny, in writing, the application within 30 days of receipt from the applicant, unless the time is extended by written agreement with the applicant. A sign permit shall become null and void, if work authorized under the permit has not been completed within six months of the date of issuance.

(c)

The sign permit fee shall be equal to $30.00 plus $1.00 per square foot.

(Ord. No. OR09-14, § I, 9-28-2009)

In calculating the area of a sign to determine whether it meets the requirements of this article, the building inspector shall include the sign copy and any border or frame surrounding that copy. Supporting members of a sign shall be excluded from the area calculation. Area of irregular shaped signs or signs containing two or more detached elements shall be determined by the area of the largest regular polygon that will encompass all elements of the sign.

(Ord. No. OR09-14, § I, 9-28-2009)

The following signs are permitted in institutional districts and are subject to the following regulations:

(1)

Private facility name signs when approved by the city plan commission.

(2)

Public facility name signs when approved by the city plan commission.

(Ord. No. OR09-14, § I, 9-28-2009)

(a)

Purpose. The purpose of these regulations is to provide a comprehensive system of regulations for animated and electronic message and motion signs of all type and kind that are visible from the public right-of-way. The intent of these regulations is: to provide a set of standards that are designed to optimize communication, sign quality and technology advancements; to maintain pedestrian and traffic safety and minimize the distractions, hazards and obstructions caused by signs; and to protect the public and aesthetic character of the city.

(b)

General sign regulations for all animated signs.

(1)

Animated signs, both fixed and movable, shall be regulated under this section.

(2)

Animated sign shall only be permitted to communicate information pertaining to businesses and activities located on the same lot of record as the animated sign.

(3)

All animated signs in existence prior to the effective date of this article shall be deemed to be legal.

(4)

Fixed animated signs shall only be permitted in the C-1, C-2, I-1, I-2 & ID zoning districts.

(5)

Animated political signs are not allowed in any district.

(c)

General sign regulations for movable animated sign.

(1)

Movable animated signs shall not be located on a unified business development, managed as a total entity and under common ownership, for more than 30 consecutive calendar days at a time, and not more frequently than two times per calendar year at any one business. The placement of one movable animated sign constitutes one event.

(2)

The maximum size of any movable animated sign shall be 30 square feet per sign face, up to a maximum of two sign faces; or maximum of 60 square feet per sign structure.

(3)

Movable animated sign shall be securely mounted, legible and maintained in good condition.

(4)

The owner of a movable animated sign shall be the party responsible for assuring all requirements under this article are met in the sitting of a said sign at the property of a lease, as well as the rectifying all complaints, fees and payment of all penalties related to the placement of said sign at less's property or business.

(d)

Structural and display regulations.

(1)

The color and illumination of an animated sign may not interfere or conflict with the effectiveness of, or obscure any official traffic sign, device or signal.

(2)

All animated sign shall be equipped to automatically adjust the brightness of the sign.

(3)

Undue brightness is prohibited, and is defined herein as illumination of animated sign in excess of the following intensity levels:

a.

Daylight hours: 5,000 nits or equivalent candelas per square meter or foot-candles.

b.

Dusk to dawn (time of day between sunrise and sunset: 500 nits or equivalent candelas per square meter or foot candles.

c.

For animated signs using incandescent lamps, no more than 15 watts per lamp.

[(4)]

To ensure compliance, animated signs must have installed an automated light monitor or dimmer, which must be used to adjust the brightness level of the animated sign base on ambient light conditions. The applicant for a special permit or administrative permit shall provide written certification to the City of Brillion Plan Commission from the sign manufacturer that the light intensity has been factory pre-set to not exceed the levels specified herein, and the intensity level is protected from end-user manipulation by password-protected software or other method(s) acceptable to the city plan commission.

[(5)]

For an animated sign, individual letter or messages must hold ar be illuminated for a minimum of one and one-half (1½) seconds, otherwise it is a flashing sign.

[(6)]

Animated signs shall only be permitted to advertise activities conducted on premises.

a.

Prohibited animated signs. The following animated signs are specifically prohibited:

1.

Any sign displaying adult text or graphics;

2.

Any sign emanating audio onto a public right-of-way unless said is only audible by the general public within said property's frontage;

3.

Any sign which expels steam or other visual or olfactory distraction;

4.

Any sign which projects a holographic or other image on to a freestanding surface;

5.

Any sign featuring messages for off-premises businesses;

6.

Any sign mounted as a projecting sign or rooftop sign;

7.

Individual stores/businesses in a multi-tenant building or shopping center which are operating as a unified business development, managed as a total entity and under common ownership;

8.

Signs that their position, working, brightness, illumination, size, shape or color, obstruct, impair or interfere with traffic signal lights or other traffic control or emergency vehicle lights;

9.

Signs that are a nuisance and/or cause glare onto traffic or adjacent property;

10.

Flashing signs.

(Ord. No. OR09-14, § I, 9-28-2009)