(a)

The purpose of this article is to establish standards for any proposed new sign or any proposed alteration, repair or other modification of an existing sign within the village. This article regulates the location, type, size, messaging, and height of signage in order to protect and promote the public welfare, health, and safety of persons within the community; to aid in the development and promotion of business and industry; and to ensure implementation of the comprehensive plan of the village within the village's zoning districts. The adoption of this article reflects the formal finding of fact on the part of the village plan commission and the village board that regulation of signage furthers four compelling governmental interests:

(1)

To promote the public welfare, health, and safety of all people using the public thoroughfares and rights-of-way within the village as to the signage displayed thereon, or overhanging, or projecting into the public spaces;

(2)

To advance the aesthetic goals of the village throughout the community, and to ensure the effectiveness and flexibility in the design of, and the creativity of, the use of the devices without creating detriment to the general public;

(3)

To reduce the visual clutter caused by advertising signage which the village has determined is a significant cause of unsafe traffic and visibility conditions; and

(4)

To limit the spread of strip commercial development, of which signs are a primary contributor, so as to be respectful of the reasonable rights of other advertisers and business entities whose messages are also displayed in the areas.

(b)

Furthermore, the village advocates that this regulation leaves ample and adequate alternative channels of commercial speech communication for the messages portrayed on the advertising signage, namely, print media, broadcast media, and point-of-purchase display, and is narrowly defined so as to limit any prohibitions on commercial speech on exterior signage.

(c)

Nothing contained herein shall prevent the location, erection, reconstruction, extension, enlargement, conversion or structural alteration of official traffic, fire and police signs, signals, devices and markings of the State of Wisconsin, Counties of Waukesha, and the village or other public authorities, or the posting of notices required by law.

(d)

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

(Code 2003, § 13-1-100; Ord. No. 25-02, § 1, 1-22-2025)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon sign means all signs, both on and off premises, that advertises and business or use that is no longer conducted where advertised.

Area of sign means the area is the perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.

Awning means a temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.

Awning sign means a nonilluminated identification sign affixed flat to the surface of an awning and that does not extend vertically or horizontally beyond the limits of the awning.

Banner means a projecting type graphic that may only be displayed by commercial and institutional establishments, delineating a special area or depicting a special announcement.

Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.

Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet.

Canopy means a canopy is a shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.

Canopy sign means a sign suspended from or forming part of a canopy or marquee and that does not extend horizontally beyond the limits of the canopy or marquee.

Changeable copy sign means any sign which is characterized by changeable copy, letters, or symbols, regardless of method of attachment.

Day means a day shall be designated as a period of time in terms of calendar days.

Dilapidated sign means any sign in a state of disrepair, structurally unsound, or is otherwise defective in whole or in part, as determined by the Zoning Administrator or their designee.

Directly illuminated sign means any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on the sign.

Directory sign means any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.

Electronic message unit sign means any sign whose message may be changed by electronic process, including the messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.

Flags means devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on strings. They may or may not include copy. The term "flags" does not include the flag of any country or state.

Flashing sign means any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Freestanding (ground or pole sign) means any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Ground sign means a sign attached to the ground independent of any buildings.

Identification sign means any sign which carries only the name of the firm, major enterprise, institution, or principal products offered for sale on the premises or combination of these.

Illegal sign means any sign which is in violation of this article, including, without limitation, the following:

a.

Any sign that is not in full compliance with all applicable requirements of this article or all applicable permit conditions, zoning ordinance or code requirements, or

b.

Any nonconforming sign that was initially installed or constructed that is than in full compliance with all applicable requirements of this article or of the then-applicable requirements of any zoning ordinance or code, that has been replaced, updated, changed, or altered; or

c.

Any sign that was initially in full compliance with any permit required for such sign; or any nonconforming sign that has been reinstalled, reconstructed, relocated, enlarged, extended, altered, or otherwise modified (including any modification of the sign's message or other display) without a required permit, or

d.

Any sign that is not in full compliance with any permit required for such modification; or

e.

Any nonconforming principal use, principal structure or off-site sign that has ceased to be a valid nonconforming use; or

f.

Any abandoned sign 180 days after being issued a written notice.

g.

Any obsolete sign or dilapidated sign existing as such for more than 30 days. (Note that pursuant to section 54-451 of this chapter, an illegal sign is subject to removal by the village at the cost of the owner if not timely removed or otherwise cured following service of a notice of violation.) any nonconforming principal use, principal structure or off-site sign that has ceased to be a valid nonconforming use; or

Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.

Marquee sign means any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather (also known as a canopy sign).

Nonconforming sign means any sign that does not conform to the regulations of this article.

Off-premises advertising sign means any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located. Off-premises advertising signs including billboards.

Political sign means any sign displaying a candidate for an election, or a current election's subject matter.

Portable sign/message boards mean any sign not permanently attached to the ground which is designed to be easily moved from one location to another.

Projecting sign means a sign projecting more than 12 inches from the face of the building.

Real estate sign means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

Roof sign means any sign erected upon or over the roof or parapet of any building.

Sign means anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.

Signable area means the signable area of a building is designated as the area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail on which signs may be displayed. In computing signable area, any facade which faces or abuts upon a public street right-of-way may be utilized. Calculations may include parapet walls, but shall exclude door and window openings.

Temporary development real estate sign means any sign, device or display which advertises the sale of land, information to the public, development, or business opportunity.

Temporary sign means any sign which is erected or displayed for a limited period of time not to exceed 28 consecutive days or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight square feet in area. Examples of temporary signs include banners and decorative-type displays. For purposes of this article, a portable sign is not a temporary sign.

Wall sign means any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 12 inches from the wall and does not extend above the ceiling line of the top floor of the building.

Window sign means any sign located completely within an enclosed building and visible from a public way. For purposes of this article a window sign includes any sign permanently attached in the window or directly painted on the glass.

(Code 2003, § 13-1-101; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Application. Except those specified in section 54-440, no signs, billboards, awnings, banners, flags or canopies shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally or otherwise altered without a complete sign permit with detailed illustrations or plans as deemed suitable by the village Zoning Administrator and without being in conformity with the provisions of this article. Upon receipt of an application, both the village Zoning Administrator and the village Building Inspector or their designees shall review it to ensure its compliance with the Zoning Code and other applicable sections of the Butler Municipal Code of Ordinances. After such review, the application shall be forwarded to the Building Board where that body will have the ability to review the application, question staff and the applicant, and subsequently approve, deny, or place conditions on the application. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the village. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the building inspector shall also be required. Signs shall not be erected or altered until a permit has been issued by the building inspector. The term "altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.

(b)

Required information. Application for a sign permit shall be made in writing upon forms furnished by the village which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person erecting or altering the sign.

(c)

Permit fees. Required permit fees shall be paid to the building inspector for each sign permit issued under this article; provided, however, that a fee shall not be charged for putting an existing sign in conformity with this article, or for a copy change when no change in business name is involved.

(d)

Measuring signs. In calculating the area of a sign to determine whether it meets the requirement 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 contained two or more detached elements shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.

(e)

Insurance. Any person engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $100,000.00 for bodily injury and $200,000.00 aggregate and $100,000.00 property damage. Proof of insurance shall be presented to the building inspector before the sign permit is granted. This insurance requirement is also applicable to property owners erecting signs requiring a permit on their own property.

(f)

Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the building inspector who will ensure the sign complies with the regulations of this article.

(g)

Appeals. The building inspector or Zoning Administrator, or their designee, may, at any time for a violation of this article, revoke a permit or require changes so the sign conforms with this article. The holder of a revoked permit shall be entitled to an appeal before the village Board of Zoning Appeals. Any person aggrieved by any permit denial or decision by the building inspector, Zoning Administrator, or the Building Board relative to the provisions of these sign regulations may appeal and seek review of the decision to the village Board of Zoning Appeals.

(h)

Multiple sign permit applications, or multiple sign special exception permit applications, relating to the same property may be filed as a package to make efficient use of common supporting materials or to more efficiently demonstrate that the signs are coordinated for purposes of functionality and aesthetic appeal and that the design and materials of such signs are complementary to the use(s) on the property, to the design and materials of the buildings and structures on the property and to the other signs on the property.

(Code 2003, § 13-1-102; Ord. No. 25-02, § 1, 1-22-2025)

(a)

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

(1)

Warning signs not to exceed four square feet located on the premises.

(2)

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

(3)

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

(4)

Signs designating entrances, exits, service areas, parking areas, restrooms and other the signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.

(5)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(6)

Legal notices, identification information or directional signs erected by governmental bodies.

(7)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(8)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(9)

Real estate ground or wall signs, not exceeding eight square feet in area on one side or 16 square feet in area on all sides, which advertise the sale, rental, or lease of the premises upon which the signs are temporarily located. No real estate sign shall be erected in a street right-of-way. Real estate signs shall be set back at least ten feet from a side or rear lot line.

a.

Real estate signs that exceed the maximum square footage of 16 square feet in area on all sides and are likely to be erected for more that 28 days shall require a sign permit.

b.

Real estate signs larger than 16 square feet shall be considered a Temporary development real estate sign permitted with a permit.

(10)

Ground signs identifying the name and address of the resident not exceeding two square feet located on the premises. Name signs shall be set back at least ten feet from a side or rear lot line.

(11)

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

(12)

Election campaign signs which address a particular election may be erected on any property, provided that they shall comply with the following restrictions:

a.

No election campaign sign shall be placed within the street right-of-way or so close to a pedestrian way as to hinder or endanger safe passage.

b.

All election campaign signs on nonresidential properties which address a particular election may remain erected only from 60 days prior to the election until ten days following the election. All election campaign signs on residential properties which address a particular election may remain erected only during the pertinent "election campaign period" as defined in the Wis. Stats. § 12.04(1)(a). The person or party erecting an election campaign sign and the person or party on whose residential property the signs are erected are jointly responsible for their removal within ten days following the election.

c.

No temporary election campaign sign placed on nonresidential property shall exceed 16 square feet in area, the total area of signage of all temporary election campaign signs erected on one nonresidential parcel shall not exceed 80 square feet.

d.

All temporary election campaign signs shall be constructed of such a material and posted so as to remain in place under all weather conditions which are reasonable likely to occur during the time which the sign is posted.

(13)

Rummage sale and garage sale signs, not exceeding eight square feet in area on one side or 16 square feet in area on all sides, provided that no the signs shall be erected or placed within a public right-of-way, provided that the signs are placed no more than 24 hours before the sale, and further provided that the signs are removed within 24 hours following the sale.

(14)

Bulletin boards on ground signs or wall signs for public, charitable or religious institutions not to exceed 50 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.

(15)

A permit is not required for a copy change when no change in business name is involved.

(Code 2003, § 13-1-103; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Permitted signs. The following signs shall require a permit to be issued by the village. Signs may be permitted in all commercial/business, planned unit development (commercial/industrial) and manufacturing/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, and shall not exceed in area 30 percent of the signable area of the building, or 300 square feet, whichever is smaller, for any one premises. Wall signs shall not extend above the ceiling level of the top floor of the building upon which they are located. Signs attached to fences shall be considered wall signs.

(2)

Projecting signs, awning signs, canopy signs, and marquees 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 into the street yard or street right-of-way closer than one foot to the vertical plane formed by the curbline; shall not be less than ten feet from all side lot and rear 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 or 15 feet above a driveway or an alley.

(3)

Ground signs shall not exceed 20 feet in height above the mean centerline street grade, and shall not exceed 80 square feet on one side or 160 square feet on all sides for any one premises. Ground signs shall be not less than ten feet from any street right-of-way, or any side or rear lot line. No ground sign shall be placed closer than 80 feet to another ground sign or projecting, awning, canopy, or marquee sign.

(4)

Marquee, awning or canopy signs. Marquee, awning, or canopy signs affixed flat to the surface of the marquee, awning, or canopy are permitted providing that the sign does not extend vertically or horizontally beyond the limits of the marquee, awning, or canopy. A marquee, awning, or canopy may extend to within one foot of the vertical plane formed by the curb. A name sign not exceeding two square feet in area located immediately in front of the entrance to an establishment may be suspended from a canopy, provided that the name sign shall be at least ten feet above the sidewalk.

(5)

Message boards. The following shall apply to all message boards:

a.

A message board shall not exceed 60 square feet on each side.

b.

A maximum of two faces is permitted. (Back-to-back 60 square feet per side, with only one sign per building.)

c.

Message boards are only permitted when they are a part of a permanent sign.

d.

Message boards are only permitted in a M-1 or B-1 district.

e.

Message boards shall not exceed 30 percent of the signable area of at the building, or 60 square feet, whichever is smaller, for any one premises.

(6)

Electronic message center (EMC). Electronic messaging center shall be allowed as a permitted use when the general conditions noted above and the following are met:

a.

The color of the display compliments the other colors of the sign.

b.

Signs and LED devices may be illuminated.

c.

LED devices may advertise only one message per day on a screen. Signs and LED devices shall not have displays that revolve, scroll, flash, blink, travel, crawl, creep, migrate or otherwise moves in any manner, unless addressed in a conditional use permit.

d.

LED message centers that incorporate a clock/temperature device shall not be located within 750 feet to another time and temperature device.

e.

Single stand-alone message centers are prohibited.

f.

The EMC must be integrated into the sign design:

1.

The sides of the units cannot be exposed. The unit must be wrapped or have a shroud around the sides that integrate into the main sign's aesthetics.

2.

Back-to-back units (double sided) cannot have a visible space between them. There must be one solid constant top, bottom, and side panel enclosing the back-to-back units.

3.

There cannot be any exposed wiring for data cables. Only buried data cable or remote units are permitted.

g.

In no case shall the lighting intensity of any sign exceed 60 footcandles when measured with a standard light meter held perpendicular to the sign face at a distance of ten inches. Documentation of the footcandles shall be provided with the sign application.

h.

All units must be electrically listed and comply with their listing.

i.

Any message center that is proposed to be added to a current sign must have the entire sign comply with chapter 78.

j.

For any EMC with a combination of fixed and changeable LED the entire message area shall be counted towards the maximum square footage.

(7)

Conditional use permit. Electronic message centers (EMC) require a conditional use permit when any one of the conditions listed below exists:

a.

The sign is proposed adjacent to residential uses.

b.

The sign is proposed within 100 feet of a zoning district that permits residential uses.

c.

The EMC changes during a 24-hour period. If the EMC changes during a 24-hour period, the conditional use permit must address the specific time associated with a message change, and the criteria for the message to change (scroll, flash, crawl, etc.).

d.

The initial conditional use permit shall be subject to a 12-month period. The applicant may request an amendment to the conditional use permit prior to the expiration date. However, a public hearing shall be held prior to any amendment.

(8)

Window signs. Window signs shall not exceed 50 percent of the glass area of the pane upon which the sign is displayed and shall be mounted on the inside of the building.

(9)

Roof signs. Roof signs shall not exceed ten feet in height above the roof, shall meet all the yard and height requirements for the district in which they are located, and shall not exceed 300 square feet on all sides for any one premises.

(10)

Special event, temporary sign or device. Permitted in any residential, business, manufacturing, institutional, park and recreational or agricultural district.

a.

Maximum duration: for a period not to exceed 21 days prior to the special event and shall be removed within seven days after the event.

b.

May be illuminated.

c.

Maximum number per calendar year: four, except in the institutional district.

d.

May be approved with conditions by the village of Butler such as, but not limited to, hours that the sign or device may be up, overall size or height, any limitation including exclusion from the public right-of-way.

(11)

Temporary development sign. Permitted in any multifamily residential, business, manufacturing, institutional, park and recreational or agricultural district.

a.

Maximum number: one sign per each street or highway frontage of the property where the sign is located.

b.

Maximum area: 36 square feet per face.

c.

Shall be located on the property to which it relates.

d.

Maximum height: Ten feet, including height of materials used to mount, display, or elevate the sign.

e.

Maximum duration: one year, and an extension may be permitted for a period not to exceed five years total; provided, however, that such sign shall be removed prior to occupying any principal building on the property. Approval for an extension shall be granted or denied after review by the Zoning Administrator and Building Inspector.

f.

Minimum setback: Seven feet from any public street or highway right-of-way line.

g.

May be illuminated with an electrical permit.

(b)

Facing. No sign except those permitted in subsection (a) of this section shall be permitted to face a residence district within 100 feet.

(c)

Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector; provided, however, that the lighting shall be arranged to prevent glare and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, or signs having moving parts, or signs which may be mistaken for traffic signal devices, or which diminish the visibility or effectiveness of the traffic signal devices are prohibited.

(d)

Signs causing obstruction prohibited. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as means of ingress or egress, or for firefighting purposes, or placed so as to interfere with any opening required for legal ventilation is prohibited.

(e)

Signs at intersection prohibited. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct clear vision of the intersection.

(Code 2003, § 13-1-104; Ord. No. 07-04, 4-3-2007; Ord. No. 25-02, § 1, 1-22-2025)

In addition to those permitted signs not requiring a permit pursuant to section 54-440(2), the following nonflashing, nonilluminated signs are permitted following issuance of a sign permit under the conditions specified in all residential and planned unit development (residential) districts established by this article:

(1)

Nameplate and identification signs. Nameplate and identification signs, subject to the following:

a.

Area and content; residential. There shall be not more than one nameplate, not exceeding two square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted home occupation. On a corner lot, two the nameplates for each dwelling unit (one facing each street) shall be permitted.

b.

Projection. The signs shall be affixed flat against the wall of the building.

c.

Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower.

(2)

"For Sale " and "To Rent" signs. "For Sale" and "To Rent" signs, subject to the following:

a.

Area and number. There shall be not more than one sign per zoning lot, except that on a corner zoning lot two signs (one facing each street) shall be permitted. No sign shall exceed eight square feet in area or be closer than ten feet to any other zoning lot. The signs shall not be located in a public right-of-way and shall only be located on the property offered for rent or sale, unless written permission is first secured from the property owner.

b.

Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower, when attached to a building; detached or free-standing signs shall not be more than four feet in height, measured from the soil grade to the top of the sign post.

(3)

Signs accessory to parking area. Signs accessory to parking area. Subject to the following:

a.

Area and number. Signs designating parking area entrances or exits are limited to one sign for each the exit or entrance, and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of the parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two signs (one facing each street) shall be permitted.

b.

Projection. No sign shall project beyond the property line into the public way.

c.

Height. No sign shall project higher than seven feet above curb level.

(4)

Permanent real estate development signs located at subdivision or development entrance. Permanent real estate development signs placed at the entrance to a subdivision or development shall contain only the name of the subdivision or development and shall be not closer than ten feet from a street right-of-way, or side or rear lot line. 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.

(5)

Temporary development signs designating new building or development. Temporary development signs for the purpose of designating a new building or development, or for promotion of a subdivision, may be permitted for a limited period of time, provided that the sign shall not exceed 48 square feet in area and shall be not closer than ten feet from a street right-of-way, or side or rear lot line. The building board 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.

(6)

Nonflashing, illuminated church bulletins. Nonflashing, illuminated church bulletins, subject to the following:

a.

Area and number. There shall be not more than one sign per lot, except that on a corner lot, two signs (one facing each street) shall be permitted. No sign shall exceed 16 square feet in area or be closer than eight feet from any other zoning lot.

b.

Projection. No sign shall project beyond the property line into the public way.

c.

Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.

(Code 2003, § 13-1-105; Ord. No. 25-02, § 1, 1-22-2025)

Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.

(Code 2003, § 13-1-106; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.

(b)

Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where else allowed by conditional use permit. No signs, billboards or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.

(c)

Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this article, or be located within five feet of a property line.

(d)

Any sign that prevents or hinders pedestrian traffic on a sidewalk.

(e)

Any sign that creates a public nuisance or a private nuisance to neighboring properties through statements, words or pictures that are obscene as determined by the Zoning Administrator to ensure the health, safety, and public benefit of the overall community.

(f)

Any sign containing statements, words or pictures that are obscene.

(Code 2003, § 13-1-107; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Removal of dangerous signs. All signs shall be removed by the owner or lessee of the premises upon which the sign is located in the judgment of the zoning administrator, the sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the zoning administrator may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the decision of the zoning administrator to the village board.

(b)

Abandoned signs. Except as otherwise herein provided, all sign messages shall be removed by the owner or lessee of the premises upon which an on or off-premises sign is located when the use or business it advertised is longer conducted where advertised. If the owner or lessee fails to remove the sign, the zoning administrator shall give the owner 60 days' written notice to remove the sign and upon the owner's or lessee's failure to comply may remove the sign, any costs for which shall be charged to the owner of the property or may be assessed as a special assessment against the property, or the zoning administrator may take any other appropriate legal action necessary to attain compliance. All abandoned signs shall be considered illegal signs after 180 days after the first written notice and subject to all o Sec. 54-451.

(c)

Violations. All signs constructed or maintained in violation of any of the provisions of this article after the date of adoption are declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violations of this article, the zoning administrator or village board may bring an action to abate the nuisance in the manner set forth in state law.

(Code 2003, § 13-1-108; Ord. No. 25-02, § 1, 1-22-2025)

Variances or exceptions to these sign regulations may be granted by the zoning board of appeals following a recommendation from the village board and zoning administrator, pursuant to the standards of the chapter 54.

(Code 2003, § 13-1-109; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of the material and with the workmanship as to be safe and satisfactory to the zoning administrator or building inspector.

(b)

General requirements.

(1)

Construction standards. All signs, except flat signs and those signs weighing less than ten pounds, shall be designed, fastened and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed, attached, fastened or anchored to adequately support the dead load and any anticipated live loads (i.e., ice, snow) of the sign.

(2)

Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.

(3)

Projection. Signs including supports shall not interfere with surrounding properties or traffic.

(4)

Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus.

(5)

Blanketing. Blanketing of signs on buildings shall not be allowed.

(6)

Maintenance. All signs, including all supports and attachments, shall be properly maintained and have an appearance that is neat and clean both functionally and aesthetically to the judgement of the Zoning Administrator. All signs shall be kept in good structural condition, well painted, and clean at all times and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.

(Code 2003, § 13-1-110; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Electronic message unit signs. All electronic message unit signs shall be in good working order and shall replace any failed bulbs or glitches in the message portion of the sign within ten working days upon notification of the village

(b)

Search lights. The zoning administrator may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight 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. Searchlight permits shall not be granted for a period of more than five days in any six-month period.

(Code 2003, § 13-1-111; Ord. No. 07-04, 4-3-2007; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Signs eligible for characterization as legal nonconforming. Any sign located within the village limits of the date of original adoption of this article that does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted. However, all nonconforming signs shall be kept in good repair. Nonconforming signs undergoing changes, replacement, or updating 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.

(b)

Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:

(1)

If the sign is damaged by fire, flood, explosion, earthquake, war, riot or Act of God; or structurally altered in any way, except for normal maintenance and repair; the sign may be reconstructed and used as before if it is reconstructed within three months after the calamity, unless the damage to the sign is 50 percent or more of its replacement value, in which case, the constructed sign shall comply with the provisions of this article;

(2)

The sign is relocated or changed;

(3)

The sign fails to conform to the village requirements regarding maintenance and repair, abandonment or dangerous or defective signs;

(4)

The sign is altered. For the purposes of this section, alteration of a sign is considered to be any change to the structure of any part of the sign, its frame, its supporting structure, or its lighting, including: changing the sign area, height, location, shape, illumination, or any other alterations as determined by the zoning administrator. Altering a sign does not include maintaining the existing appearance of the sign or replacing the sign face with comparable materials and colors, or changing the message of a sign, as determined by the zoning administrator. All signs found not in compliance with the provisions of this section shall be removed within 30 days of receiving written notice of noncompliance and removal from the zoning administrator.

(c)

On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or shall be removed.

(d)

Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or use of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.

(Code 2003, § 13-1-112; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Permitted awnings. No awnings (non-collapsible tape) shall be erected or maintained, except the awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:

(1)

Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.

(2)

Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than seven feet above the level of the public sidewalk or public thoroughfare.

(3)

Setback from curb line. No awning shall extend within one foot of the curb line.

(b)

Permitted canopies. No canopies shall be erected or maintained, except the canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:

(1)

Support. The structural support of all canopies shall be approved by the zoning administrator as in compliance with the building code of the village and shall meet state building codes. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in section 54-447. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.

(2)

Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.

(3)

Setback from curb. No canopy shall extend beyond a point two feet from the curb line.

(Code 2003, § 13-1-113; Ord. No. 25-02, § 1, 1-22-2025)

(a)

Construction without permit. Any person who begins, erects or completes the erection or construction of any sign, awning or canopy controlled by this article prior to the granting of a sign permit shall pay a penalty double the amount of the permit otherwise required.

(b)

Compliance notice.

(1)

If the zoning administrator finds any sign, awning or canopy regulated herein unsafe, illegal, dilapidated, or insecure or is a menace to the public, it shall give written notice to the sign owner and to the property owner.

(2)

If the sign, awning, canopy, or device owner fails to remove or alter the sign, awning, canopy, or device as to comply with the standards herein set forth within thirty days after the notice, the zoning administrator may cause the sign, awning or canopy to be removed or altered at the expense of the owner of the sign, awning or canopy or the owner of the property upon which it is located so as to comply with the provisions of this article.

(3)

Signs which are legal nonconforming shall be kept in good repair. If any such sign is hereafter damaged or altered to any extent, or is removed by any means whatsoever, such sign shall be restored, reconstructed, altered, or repaired only to conform with the provisions of this Chapter

(c)

Violations; penalties. Any person who shall violate any of the provisions of this article shall be subject to a penalty which shall be as follows:

(1)

Any person found guilty of violating any part of this article who has previously been notified of being in violation or been convicted of violating the same article within one year shall, upon conviction thereof, be subject to a forfeiture as prescribed by section 1-12 for each the offense, together with costs of prosecution and, in default of payment of the forfeiture and costs, shall be imprisoned in the county jail until the forfeiture and costs of prosecution are paid, but not exceeding six months.

(2)

Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this article shall preclude the village from maintaining any appropriate action to prevent or remove a violation of any provision of this article.

(Code 2003, § 13-1-114; Ord. No. 25-02, § 1, 1-22-2025)