Cedarburg Town City Zoning Code
ARTICLE VIII
Signs
§ 320-77 Purpose.
The purpose of this article is to:
A.
Regulate the size, type, construction standards, maintenance and placement of signs situated within the boundaries of the Town of Cedarburg, Wisconsin. Applicable new developments and/or new structures shall also comply with the sign design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
Promote the public health, safety, welfare and comfort of the general public by:
(1)
Reducing distractions and obstructions from signs which would adversely affect traffic safety and alleviating hazards caused by signs projecting over or encroaching upon the public right-of-way;
(2)
Discouraging excessive visual competition in signs and ensuring that signs aid orientation and adequately identify uses and activities to the public; and
(3)
Preserving or enhancing the natural beauty and unique physical characteristics of the Town of Cedarburg as a community in which to live and work by requiring a new or replacement sign which is:
(a)
Creative and distinctive;
(b)
Harmonious with the building, surrounding neighborhood aesthetics and other signs in the area;
(c)
Appropriate to the type of activity to which it pertains;
(d)
Expressive of the Town's identity in a manner which will not diminish property values; and
(e)
Complementary to the Town's rural architectural character and unobtrusive commercial developments.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
(4)
Promote a healthy and properly designed business environment.
(5)
Protect property values within the Town.
§ 320-78 Scope.
Except as otherwise noted herein, the regulations of this article shall govern all outdoor signs, advertising structures or devices with respect to location, safety, size, construction standards, erection, attachment, support, lighting, anchorage, maintenance, appearance, and aesthetics.
§ 320-79 Definitions.
When used in this article, the following words and phrases shall have the specific meaning as hereinafter defined, and any words not listed shall have the meaning defined by Article XV of this Zoning Code:
Wood, combustible plastics, or other rigid material impervious to water.
Only those combustible plastic materials which, when tested in accordance with the Standard Method of Testing for Flammability of Plastics (ASTM D635, latest revision), over 0.050 inch in thickness, burn no faster than 2.5 inches per minute in sheets of 0.060 inch in thickness.
Measurement of sign area shall be calculated as the sum of the area within the smallest regular polygon that will encompass all elements of the actual sign face, including any writing, representation, emblem, or any figure or similar character, together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed.
For a sign painted on or applied to a building or to a freestanding wall, the area shall be considered to include all lettering, wording, and accompanying designs or symbols, together with any background of a different color than the natural color or finish material of the building or architectural wall. The architectural wall shall be subject to Plan Commission review and Town Board approval of the site and landscaping plan.
The main supporting sign structure (i.e., brackets, posts, foundation, etc.) shall not be included in the area measurement if such framework is incidental to the display.
When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. The sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.
A sign intended to be hung either with or without a frame and which possesses characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.
The edge of the established ultimate street right-of-way.
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention.
The Town of Cedarburg employee(s) responsible for administering this article.
A sign not to exceed 15 square feet in area located on the premises of a charitable, religious, or educational institution or a public body for purposes of announcing events which are held on the premises.
Any sign that is attached to or part of an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area.
A sign identifying individuals or companies involved in design, construction, demolition, financing, or development of a building/lot and/or identifying the future use of the building/lot.
A sign for the purpose of directing patrons or attendants to a commercial establishment off the main traveled highway, or to service clubs, churches, schools or other nonprofit organizations. Also, signs solely indicating ingress and egress placed at driveway locations, containing no advertising material, and where the display area does not exceed three square feet or extend higher than five feet above the mean center-line street grade.
A sign which indicates the name of the occupants or tenants located on the premises.
The surface made available on the sign, either for the direct mounting of letters and decorations or for the mounting of facing material intended to carry the entire advertising message.
Signs which support candidates for public office or issues on an election ballot.
Illumination of a sign with an exterior light source.
The surface of the sign or billboard upon, against, or through which the message of the sign or billboard is displayed.
A sign whose illumination is not kept constant in intensity at all times when in use and/or which exhibits changes in light, color, direction, or animation and word/text changes.
A sign which is attached to or part of a completely self-supporting structure other than a building. The supporting structure shall be set firmly in, upon, or below the ground surface and shall not be attached to any building.
The height of all freestanding signs shall be the distance between the existing preconstruction grade at the base of the sign and the highest point on the sign or supporting structure.
A sign in which an artificial source of light is used in connection with the display of such sign.
Illumination of a sign in which the source of light is contained within the sign itself.
The letters, illustrations, symbols, figures, insignia, logo and other media employed to express and/or illustrate the sign message.
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law.
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
A permanent roof-like structure extending from part of the wall of a building, but not supported by the ground, and constructed of durable material such as metal or glass.
A sign attached to, painted on, or supported by a marquee.
Illumination from a light source consisting of a neon or other gas tube which forms letters, symbols or other shapes.
A sign existing at the effective date of the adoption of this article which does not conform to the terms of this article.
Any sign that advertises, calls attention to or identifies an occupant, business or property situated on a different lot than the sign.
The regulated minimum distance of a structure from a side, front or rear lot line.
Any sign that advertises, calls attention to or identifies an occupant, business or property situated on the same lot as the sign.
Any outdoor structure or device that is used as an announcement, declaration, demonstration, display, illustration, indication, symbol, insignia, logo, emblem or advertisement.
A sign not permanently affixed to the ground, building, or other structure and which may be easily moved from place to place.
A sign affixed or attached directly to the exterior wall of a building or structure and extending more than 10 inches from the exterior wall of the building or structure.
A sign which is used to offer for sale, lease, or rent the premises upon which such sign is placed.
A sign which is located or projects above the lowest point of the eaves or the top of the parapet wall of any building or which is painted on or fastened to a roof.
The regulated minimum horizontal distance between the base setback line and any structure on a lot.
A planned/coordinated grouping of architecturally unified commercial establishments built on the same site and managed as one operating unit offering for sale goods such as food, drugs, hardware and personal services.
Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to goods, products, services, facilities, persons, property interest or business either on the lot or on any other premises.
A public or private right-of-way for pedestrian or vehicular traffic.
A sign intended to be used for a period of no more than 60 days unless otherwise specified herein.
The moldings, battens, capping, nailing strips, latticing and platforms attached to any sign or billboard structure.
A sign or billboard affixed or attached directly to the exterior wall of a building and extending not more than 10 inches from the exterior wall of the building or structure.
A sign, containing no advertising material, warning the public of the existence of danger.
A sign attached to, placed upon, or painted on the interior of a window or door of a building which is intended for viewing from the exterior of such building.
§ 320-80 Sign permit required.
A.
Permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or display any sign or other advertising structure as defined in this article without first obtaining a sign permit from the Town of Cedarburg and making payment of required fees. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code and the permit fees required thereunder.
B.
Application for permit. Application for a sign permit shall be made to the Town of Cedarburg and shall contain or have attached thereto the following information:
(1)
Name, address, and telephone number of the applicant and 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 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, materials to be used, color scheme, type of illumination, if any, and the method of construction and attachment.
(5)
A scale drawing indicating the location and position of such sign in relation to nearby buildings or structures.
(6)
Copies of any other permit required and issued for said sign, including the written approval of the Town Board where required by the Zoning Code and/or of the Building Inspector in the case of illuminated signs, who shall examine the plans and specifications, reinspecting all wiring and connections to determine if the sign complies with the Town Electrical Code.
(7)
Additional information as may be required by the Town.
C.
Validity of permit. A sign permit shall become null and void if work authorized under the permit has not been completed within 12 months of the date of issuance.
D.
Issuance of permit.
(1)
It shall be the duty of the Building Inspector, upon the filing of an application for a sign permit, to examine such plans and specifications and other data. He/she shall determine whether the proposed structure is in compliance with the requirements of this article and all other regulations of the Town of Cedarburg.
(2)
Following his/her examination of the sign permit application, the Building Inspector shall take one of the following actions:
(a)
If the proposed sign is not in compliance with the requirements of this article and any other regulations of the Town of Cedarburg, the Building Inspector shall deny such permit and state the specific lack of compliance with the article requirements in his/her denial.
(b)
If the proposed sign complies with all dimensional requirements, the Building Inspector shall consider the purpose, appearance, location, lighting, height, size, and impact of the sign relative to the scenic beauty of the vicinity and to the values identified in § 320-77, Purpose, of this article. If the Building Inspector determines, on the basis of the above-noted considerations, that there is a question as to whether or not the proposed sign is in accordance with the intent of this article, he/she shall refer the sign permit application to the Plan Commission and Town Board, stating the reasons for such referral. Following its review, the Plan Commission shall recommend with modifications or deny the sign permit application.
(c)
If the Building Inspector determines that the sign is in compliance with the intent of this article and all other regulations of the Town of Cedarburg, he/she shall issue the sign permit. If the property and/or proposed use thereof for where the proposed sign is to be located is subject to a conditional use permit pursuant to Article V of this Zoning Code, then the Building Inspector may not issue a sign permit unless a conditional use permit under Article V of this Zoning Code is granted by the Town Board, which may include conditions for a sign permit.
(3)
All permits issued shall expire on July 1 of each year. Sixty days prior to the permit expiration date, a notice of sign permit renewal shall be issued by the Building Inspector to the sign owner. Payment of an annual maintenance inspection fee shall be made to the Town of Cedarburg on or before July 1. The penalty for failing to comply with this subsection shall be a double permit fee.
§ 320-81 Fees.
Application fees for sign permits shall be in accordance with the Town's established Annual Fee Schedule.
§ 320-82 Revocation of permit.
The Building Inspector is hereby authorized and empowered to revoke any permit issued by him/her upon failure of the holder thereof to comply with any provision of this article.
§ 320-83 Prohibited signs.
The following types of signs are prohibited in the Town of Cedarburg:
A.
Roof signs, unless specifically permitted by the Town Board.
B.
Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity. This provision is intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. This does not apply to advertising vehicles as specified in § 320-88E.
[Amended 10-7-2009 by Ord. No. 2009-14]
C.
Signs which are attached or otherwise affixed to rocks, trees, or other living vegetation.
D.
Signs which contain untruthful or misleading information.
E.
Signs which imitate, interfere with, obstruct the view of, or can be confused with any official traffic control sign, signal, or other device.
F.
Flashing or rotating signs, message crawl signs, signs containing moving parts, and signs containing reflective elements which sparkle or twinkle in the sunlight.
[Amended 7-10-2013 by Ord. No. 2013-9]
G.
[1]Banners, pennants, streamers, balloons, and other gas-filled figures, except as may be provided for in other provisions of this article.
[Amended 9-4-2013 by Ord. No. 2013-10]
H.
Billboards and off-premises signs, except Town Board-approved temporary off-premises signs to identify businesses during road construction and off-premises seasonal signs pursuant to § 320-88E. Official Town bulletin boards are also allowed off premises.
[Amended 10-7-2009 by Ord. No. 2009-14]
I.
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises.
J.
Any sign larger than 50 square feet in area except as may otherwise be permitted under the terms of this article and subject to review and approval by the Plan Commission or Park and Open Space Committee, if the sign is proposed to be located within a Town-owned park or preserve.
K.
Projecting signs.
L.
Portable and wheeled signs.
M.
Signs or other advertising painted directly on walls unless specifically approved by the Plan Commission.
N.
Inflatable signs and tethered balloons.
O.
Signs attached to or erected or maintained on any standpipe, exterior stairway, fire escape, tower, or balcony so as to interfere with the use thereof.
P.
Signs erected at or near the intersection of any streets in such manner as to obstruct free and clear vision or at any location where, by reason of position, shape or color, they may interfere with, obstruct the view of, or be confused with any official traffic sign, signal or device or which make use of the word "stop," "look," "danger" or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic.
Q.
Signs erected, constructed or maintained so as to obstruct any exit or any window opening necessary for required light or ventilation or which prevent free passage from one part of a roof to another.
R.
A sign extending above the top or 10 inches beyond the side of the exterior wall to which such sign is attached.
S.
Signs and associated lighting fixtures which project more than 10 inches from the exterior wall to which they are attached.
T.
Signs entirely supported by a parapet wall.
U.
Signs, cards, pictures, handbills, sign posters, advertising, or notices of any kind, on any curb, street, walk, public street surface, fence, board, barrel, box, case, railing, pole, post, bridge, tree, barricade, material, bridge fender, dock, pile, building or structure of any kind on public ground, public waterway or upon any structure projecting over any public street, public ground or public waterway within the Town except by Town Board authorization.
[Amended 9-4-2013 by Ord. No. 2013-10]
V.
Outdoor advertising, decorative displays or other advertising devices of cloth, paper, or other nonrigid materials, except as may be otherwise permitted by this article.
[Amended 9-4-2013 by Ord. No. 2013-10]
§ 320-84 Exemptions.
A.
The following outdoor signs, advertising structures or devices shall be exempted from § 320-80 of this article:
(1)
One wall sign not to exceed six square feet in size maintained by the owner or occupant of any residential building which display only the name of the owner or occupant.
(2)
Legal home occupation signs not exceeding two square feet in size and placed on the residential structure or mailbox. Home occupation signs may not be illuminated.
(3)
Bulletin boards not over 15 square feet in size for public, charitable or religious institutions when the same are located on the premises of said institutions. Such signs shall be subject to the location, lighting and landscaping standards as set forth in §§ 320-85 through 320-87 of this article and may not exceed seven feet in height.
(4)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, grave markers, statuary, or other remembrances of persons or events that are noncommercial in nature.
(5)
Official traffic signs, legal notices, railroad crossing signs, "danger" and such temporary emergency or nonadvertising signs as may be erected for the public safety.
(6)
One sign not to exceed 15 square feet in area identifying farm operations on parcels of land containing not less than 20 acres.
(7)
Flags or banners representing the United States, State of Wisconsin, Ozaukee County or the Town of Cedarburg.
(8)
Special decorative displays or signs in the public right-of-way when authorized by the Town Board.
(9)
Signs which are located within the interior of any building and which are not visible from the exterior of the building.
(10)
Yard sale signs, provided that no person shall attach posters, notices or advertisements to utility poles, meter posts, or trees in or along any street right-of-way within the Town and that no person shall put up any notice upon any building, wall, fence, or other property of another person without having first obtained the consent of the owner of such property. The maximum time limit for all yard sale or estate sale signs is three consecutive days and nine cumulative days in a one-year period. Such signs may not exceed 10 square feet in area.
(11)
Nonilluminated window signs, including but not necessarily limited to paper signs, box signs, and painted window signs, covering less than 25% of the individual window area.
(12)
A "No Hunting," "No Trespassing" or other similar wording sign not in excess of six square feet in width.
B.
The following temporary signs shall also be exempted from § 320-80 of this article subject to the following conditions:
(1)
Temporary real estate signs.
(a)
Number. There shall not be more than one temporary real estate sign for each lot, except that where a lot abuts two or more streets, one "For Sale" sign may be allowed for each abutting street frontage.
(b)
Area.
[1]
Single-family areas. In all residential zoned areas, temporary "For Sale" or "For Rent" real estate signs shall not exceed 12 square feet in gross surface area.
[2]
Business areas. In business and multifamily residential zoned areas, temporary "For Sale" real estate signs shall not exceed 25 square feet in gross surface area, and temporary "For Lease" or "For Rent" real estate signs shall not exceed 10 square feet in gross surface area. Exception: Where vacant land in business and multifamily residential zoned areas is for lease or for rent, a freestanding real estate sign, not exceeding 25 square feet in gross surface area, may be allowed in accordance with the setback standards established in Subsection B(1)(c).
(c)
Location.
[1]
Temporary "For Sale" real estate signs shall be located only upon the premises for sale and shall be set back a minimum of 10 feet from any abutting side or rear property line or driveway. Additionally, signs shall be set outside of the road right-of-way. Temporary "For Lease" or "For Rent" real estate signs for business shall be attractively designed and located on the existing business's freestanding sign in accordance with Town Administrator approval. If the Building Inspector and sign applicant disagree on sign design and/or location, the proposed sign shall be subject to Town Board approval. In accordance with Wisconsin state statutes, the owner of the sign shall contact the Digger's Hotline three working days prior to the installation of the sign.
[Amended 10-1-2008 by Ord. No. 2008-14]
[2]
Exceptions:
[a]
Property for sale or lease that does not have roadway frontage may locate a real estate sign on a nearby property that does have roadway frontage, in accordance with location requirements stated in Subsection B(1)(c)[1]. This shall only be permitted with the permission of the owner of the property on which the sign is being placed.
[b]
The Town Administrator may waive and/or modify location requirements in writing if such requirements would result in a visual hindrance due to existing vegetation.
[c]
If a business site does not have a freestanding sign on which to attach a "For Lease" sign, the lease sign may alternatively be placed on the building facade.
[d]
In any case where a modified setback of the "For Sale" sign results in the sign being located within the road right-of-way, the Town shall not be held liable for any sign damage or maintenance.
[Amended 10-1-2008 by Ord. No. 2008-14]
(d)
Height. Temporary "For Sale" real estate signs shall not project higher than seven feet as measured from preconstruction grade at the base of the sign. Temporary "For Lease" or "For Rent" real estate signs shall not project higher than the existing business's freestanding sign.
(e)
Removal. Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located.
(2)
Temporary construction signs.
(a)
Number. There shall not be more than one temporary construction sign for each project or development, except that where a project or development abuts two or more streets, one sign may be allowed for each abutting street frontage.
(c)
Location. Temporary construction signs shall be located only upon the premises upon which construction either is about to occur or is occurring. Such signs shall be set back/offset a minimum of 10 feet from any abutting property line, road right-of-way or driveway.
(d)
Height. Temporary construction signs may not project higher than seven feet, as measured from preconstruction grade at the base of the sign.
(e)
Special conditions.
[1]
Temporary construction signs shall be permitted only as accessory to an approved building permit for the purpose of identifying a proposed construction project and the names of contractors, engineers, architects, and financial institutions involved in the project development.
[2]
Temporary construction signs may be erected and maintained for a period not to exceed 30 days prior to the commencement of construction and shall be removed within 30 days of the termination of construction of the project or development.
(3)
Grand opening signs and banners. The following signs are allowed for business uses only.
[Added 9-4-2013 by Ord. No. 2013-10]
(a)
Grand opening signs. One grand opening sign not exceeding 48 square feet may be displayed for a maximum of 60 days.
(b)
Horizontal banners. A horizontal banner may be allowed subject to the following:
[1]
Banner size is limited to 5% of store frontage, up to 60 square feet maximum.
[2]
Banners may not be displayed for more than 30 consecutive days.
[3]
Individual businesses may be limited to 12 banner events a year.
[4]
There may be no more than one horizontal banner erected per site at one time unless the site is located on a corner lot or the lot has multiple road frontages. In this case, one horizontal banner for each side of the site abutting the road will be permitted, with size limits as described in Subsection B(3)(b).
(c)
Feather banners. Feather banners may be allowed subject to the following:
[1]
Feather banner size is limited to 30 square feet each.
[2]
The number of feather banners is limited to no more than five feather banners per property; if the property has one horizontal banner allowed per Town Code, then the property is limited to no more than four feather banners at the same time. If the property has two horizontal banners allowed per Town Code, then the property is limited to no more than three feather banners at the same time.
[3]
Feather banners may be placed up to the property line subject to meeting setback requirements with other applicable jurisdictions.
[4]
There is no time limitation for displaying feather banners subject to conformance with this subsection.
§ 320-85 Illumination standards.
A.
In addition to complying with the provisions of this article, all signs in which electrical wiring and connections are to be used shall be subject to the applicable provisions of the Town Electrical Code. No person may erect a sign with exposed electrical wires.
B.
The use of unshielded lighting, including exposed incandescent light bulbs hung or strung on poles, wires or any other type of support intended to illuminate a sign or other advertising device, is prohibited.
C.
All sign lighting shall be so designed, located, shielded or hooded so as to prevent the casting of glare or direct light upon adjacent roadways or surrounding properties or into the sky.
D.
In no case shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed 60 footcandles when measured with a standard light meter held perpendicular to the sign face at a distance of 10 inches.
E.
Neon signs or other exterior neon displays may be permitted in cases where they are custom designed to be compatible with the building's architectural character and where their color has been selected to harmonize with the building's exterior colors. Such lighting shall be subject to review and approval of the Town Plan Commission.
F.
Electrical illumination of signs in residence districts shall be as regulated in the Wisconsin Department of Commerce Electrical Code.
G.
All illumination of signs shall be provided utilizing electricity.
§ 320-86 Landscaping standards.
A.
In the case of any pole or ground-mounted freestanding signs, a landscape plan must also be submitted when the sign permit is issued.
B.
Where any sign is proposed to be externally illuminated using ground-mounted fixtures (i.e., floodlight), landscape plantings shall be installed in such a manner as will entirely shield the light source from the surrounding view. Landscape plantings shall be of the type as will ensure effective yearlong screening.
§ 320-87 Location standards.
A.
In any zoning district, no sign or sign supporting structure shall be set back/offset less than 10 feet from any abutting lot line and/or right-of-way unless otherwise specified in this article.
[Amended 9-4-2013 by Ord. No. 2013-10]
B.
Placement of all signs shall be subject to the vision setback regulations as set forth in the Town of Cedarburg Code and formally approved by the Director of Public Works or his/her designee.
C.
No sign in a nonresidential zoning district shall be located closer than 50 feet to an abutting residential zone.
§ 320-88 Permitted signs.
A.
Residential uses. For all residential uses, the following signs are hereby allowed subject to issuance of a permit in accordance with § 320-80 of this article.
(1)
Building name and address signs. Name and address signs of buildings containing four or more residential units indicating only the name of the building, the name of the development in which it is located, the management thereof, and/or address of the premises, subject to the following:
(a)
Type. Building name and address signs may be either wall signs or ground signs.
(b)
Number. There may not be more than one name and address sign for each building, except that where a building abuts two or more streets, one sign may be allowed for each abutting street frontage.
(c)
Area. Building name and address signs may not exceed six square feet in gross surface area.
(d)
Location. Building name and address signs may not be located closer than 10 feet to any property line, right-of-way, or driveway.
(e)
Height. Building name and address signs may not exceed six feet as measured from preconstruction grade at the base of the sign.
(2)
Subdivision identification signs. A permanent sign used to designate a residential subdivision entrance may be permitted subject to Plan Commission approval and the following criteria:
(a)
Type. Subdivision identification signs shall be ground signs.
(b)
Number. There may not be more than two subdivision identification signs for each point of vehicular access to the subdivision.
(c)
Area. Subdivision identification signs may not exceed 32 square feet in area per sign.
(d)
Location. Subdivision identification signs may not be located closer than 10 feet to any property line, right-of-way, driveway, or intersection of a vision triangle.
(e)
Height. Subdivision identification signs may not exceed six feet as measured from preconstruction grade at the base of the sign.
B.
Commercial, industrial, park, and institutional uses. For all commercial, industrial, park, and nonreligious institutional uses, only the following signs are hereby allowed subject to issuance of a permit in accordance with § 320-80 of this article:
(1)
Wall signs.
(a)
Number. Except for the case of multi-tenant buildings as regulated in Subsection B(4), there may be not more than one wall sign for each principal building within any zoned district in the Town of Cedarburg.
(b)
Area. Except in the case of multi-tenant buildings as regulated in Subsection B(4), the gross surface area of a wall sign may not exceed 2.5% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is less.
(c)
Location. A wall sign may be located on the outermost wall of any principal building but may not project more than 10 inches from the wall to which the sign is to be affixed.
(d)
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign may not exceed 20 feet in height from the base of the building wall to which the sign is affixed.
(2)
Freestanding ground signs.
(a)
Number. There may not be more than one freestanding ground sign for each principal building.
(b)
Area. The gross surface area of a ground sign may not exceed 32 square feet in area.
(c)
Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way or driveway.
(d)
Height. A ground sign may not project higher than six feet above the center line of the nearest road.
(3)
Awning, canopy, and marquee signs.
(a)
Number. Except for the case of the multi-tenant buildings as regulated in Subsection B(4), there may not be more than one awning, canopy, or marquee sign exceeding an aggregate gross surface area of two square feet for each principal building. Awning, canopy, and marquee signs which are two square feet or less in aggregate gross surface area are exempt from the provisions of this article as specified in § 320-84.
(b)
Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50% of the gross surface area of the face of the awning, canopy, or marquee to which such sign is to be affixed or 30 square feet in area, whichever is less.
(c)
Location. A sign may be affixed to or located upon any awning, canopy, or marquee subject to the review and approval of the Plan Commission.
(d)
Height. An awning, canopy, or marquee sign may not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.
(4)
Multiple-tenant signs. Each business tenant shall be allowed to display one wall sign not exceeding 2.5% of the tenant's area of the building wall, including doors and windows, to which wall the sign is to be affixed or 60 square feet, whichever is less.
(5)
Window signs.
(a)
Neon signs. Each business tenant shall be allowed to display on each public street it fronts one neon sign not exceeding 300 square inches in size or 50% of the window area, whichever is less. Neon signs shall emit a steady light and only be illuminated during business hours. Blinking, flashing, strobe or other light animation is not allowed.
(b)
Temporary signs. Temporary, nonilluminated window signs covering less than 25% of the individual window area shall be allowed for 30 days.
(c)
Business decals. Business decals not exceeding two square feet in size shall be allowed.
(6)
Changeable letter signs. Changeable letter signs shall only be allowed for institutional, religious, theater, and public service uses subject to Plan Commission approval.
(7)
Fire number signs. Fire number signs issued by the Town of Cedarburg shall be placed within 10 feet of the right-of-way and in a close proximity to the driveway.
(8)
Gasoline price signs. Gasoline price signs, as required by law, may not be larger than 20 square feet in area, one- or two-sided.
(9)
Election campaign signs. Election campaign signs are permitted, 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 § 12.04, Wis. Stats., and shall be removed within seven days following the election. No election campaign sign shall be located in a street right-of-way. All election campaign signs permitted under this subsection shall conform to the provisions of § 320-87 of this article.
(10)
Digital electronic signs. Digital electronic message signs are permitted in any business zoning district, or government, institutional or religious use in any zoning district, as follows
[Added 7-10-2013 by Ord. No. 2013-9]
(a)
The maximum size shall be 32 square feet per face.
(b)
Messages other than time and/or temperature can change once per day.
(c)
Animation, flashing, or scrolling is prohibited; only one color is allowed.
(d)
Digital electronic signs shall be part of a permanent sign, and its area shall be included in the calculation of the maximum allowable permanent sign size.
(e)
Digital electronic signs shall be limited to one per site.
(f)
Digital electronic signs indicating the current time and/or temperature are allowed to change once every 30 seconds.
C.
Religious uses. For all religious uses, only the following signs are hereby allowed subject to issuance of a permit in accordance with § 320-80 of this article:
(1)
Wall signs.
(a)
Number. Except for the case of multi-tenant buildings as regulated in Subsection B(4), there may be not more than one wall sign for each principal building.
(b)
Area. The gross surface area of a wall sign may not exceed 2.5% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is less.
(c)
Location. A wall sign may be located on the outermost wall of any principal building but may not project more than 10 inches from the wall to which the sign is to be affixed.
(d)
Height. A wall sign may not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign may not exceed 20 feet in height from the base of the building wall to which the sign is affixed.
(2)
Freestanding ground signs.
(a)
Number. There may not be more than one freestanding ground sign for each principal building.
(b)
Area. The gross surface area of a ground sign may not exceed 32 square feet in area.
(c)
Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way, or driveway.
(d)
Height. A ground sign may not project higher than six feet, as measured from the center line of the nearest road.
(3)
Auxiliary freestanding sign or banner.
(a)
Number. There may not be more than one freestanding auxiliary ground sign for each site.
(b)
Area. The gross surface area of an auxiliary ground sign or banner may not exceed 48 square feet.
(c)
Location. An auxiliary ground sign or banner may not be located closer than 10 feet to any property line, right-of-way, or driveway.
(d)
Height. An auxiliary ground sign or banner may not project higher than six feet, as measured from the center line of the nearest road.
(e)
Special conditions. Auxiliary signs and banners shall be attached to ground posts. While the sign or banner face and message may change throughout the year, the content of the sign message must directly relate to the religious organization's use and operation. Auxiliary banners may not be displayed for more than 14 consecutive days and shall be limited to no more than four events per year (maximum total of 56 banner days per year).
D.
Seasonal sign.[1] "Seasonal sign" shall be defined as any sign meeting the criteria below and referring to agricultural activities. Seasonal signs may be on-premises or off-premises directional signs for the purpose of announcement of an agricultural seasonal event and may be permitted for a limited period of time in any district in accordance with § 320-80 of this article and subject to the following:
[Added 10-7-2009 by Ord. No. 2009-14]
(1)
A sign permit application shall be submitted to the Building Inspector for approval, showing the specific design, appearance and location of the sign and meeting other application criteria as stated in § 320-80. The Building Inspector may require the application be reviewed by the Town Board upon recommendation of the Plan Commission based upon the character of the area, the type and purpose of sign and the length of time permitted.
(2)
Where the sign is to be located on the premises involved, such sign may be permitted for a period up to six months.
(3)
Where the sign is not to be located on the premises involved, such sign may be permitted for a period not to exceed four months.
(4)
In no case shall seasonal signs be greater than four feet in height above road level or greater than 16 square feet.
(5)
Seasonal signs shall not be posted on any signs or posts owned by any government entity or utility.
(6)
Seasonal signs shall be located off of the public right-of-way. Signs classified as a public nuisance or a threat to public safety by the Building Inspector or other public official shall be removed as required under § 320-93 of this article with the approval of the Town Administrator.
(7)
Seasonal advertising vehicles shall be defined as signs placed on or affixed to farm implements which are parked on private property where the apparent purpose is to advertise a seasonal agricultural product or direct people to a seasonal agricultural business or activity. Vehicles with signage advertising activities other than seasonal agricultural activities are regulated under § 320-83.
E.
A-frame, sandwich board, sidewalk, or curb signs. For the sake of this section, "sandwich board" shall refer to a portable hinged or unhinged A-frame, sandwich board, sidewalk or curb sign. These signs shall be subject to the following criteria below:
[Added 1-6-2010 by Ord. No. 2010-1]
(1)
A sign permit application shall be submitted to the Building Inspector for approval, showing the specific design, appearance, materials and location of the sandwich board sign and meeting other application criteria as stated in § 320-80. The Building Inspector may require the application be reviewed by the Town Board upon recommendation of the Plan Commission based upon the character of the area, the type and purpose of the sign.
(2)
The sandwich board sign is to be permitted for an indefinite period, so long as a near original appearance is maintained.
(3)
The colors, materials and lighting of every sandwich board sign shall be restrained and harmonious with the structure and site to which it principally relates.
(4)
In no case shall sandwich board signs be greater than four feet in height or greater than eight square feet.
(5)
Sandwich board signs shall be located off of the public right-of-way. Such signs classified as a public nuisance or a threat to public safety by the Building Inspector or other public official shall be removed as required under § 320-93 of this article with the approval of the Town Administrator.
(6)
Sandwich boards must be displayed within 20 feet of a doorway. Under no circumstance should such sign be placed on a public pathway, the area between a pathway and the street, on a corner in such a way as to impede or interfere with pedestrians crossing the street, or in a space designated for parking.
(7)
A sandwich board sign can only be displayed during the business hours of the entity it represents, or until dusk, whichever is earlier.
(8)
All sandwich board signs shall be constructed of such a material and posted so as to remain in place under all weather conditions which are reasonably likely to occur during the time which the sign is posted. The following materials are prohibited: paper, reflective materials, chalk or cork board.
(9)
Sandwich board signs shall be used to display prices, descriptions or business-related messages in relation to the goods or services provided by said business.
(10)
If a business chooses to have a temporary sign, they cannot have their sandwich board sign up during the duration of their usage of the temporary sign. Both signs cannot be up at the same time. Once the temporary sign is down, the sandwich board sign can be put back up.
(11)
Sandwich board signs can only be placed within the linear building frontage of the business or entity it represents and can only advertise that business.
(12)
Sandwich board signs must have identifiable information including the name, address and telephone number of the business advertised permanently inscribed on the inside of the sign.
§ 320-89 Existing signs.
A.
Existing signs which become nonconforming upon adoption of this article may not be reconstructed, remodeled, relocated or changed in size unless such action will make the sign conforming in all respects with this article. Nonstructural changes to an existing freestanding sign face as a result of tenant changes, business name changes, or other content-related changes shall require compliance with the opaque sign face standard pursuant to § 320-90A(1)(d) of this article.
B.
A nonconforming sign or sign structure which is destroyed or damaged may be restored only after the owner has shown that the damage did not exceed 50% of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding 50% of the appraised sign value, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming, in all respects, with this article. If restoration of a damaged sign is not completed within six months of the date damage occurred, such sign shall be removed or replaced in a manner as will conform to all specifications of this article. Replacement signs may require Plan Commission approval.
C.
A nonconforming sign or sign structure shall be removed within 30 days of the date the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding 50% of the building's appraised value.
D.
Whenever the owner of any building or lot on which a nonconforming sign is located requests Plan Commission approval for any change to the use, building or lot, the Plan Commission may require that such nonconforming sign be removed or made to conform to this article as a condition of building or site approval.
§ 320-90 Design, construction and erection standards.
A.
Architectural design.
(1)
Freestanding ground signs. These signs shall be architecturally integrated with the principal building in the following manner:
(a)
The base of the sign shall be constructed with the principal building's primary building material, to the greatest extent practical.
(b)
The color scheme of the sign shall follow the color scheme of the principal building, to the greatest extent practical.
(c)
Architectural features (e.g., sills, piers, reveals, capstones, medallions, etc.) which are part of the architectural style of the principal building shall be incorporated into the sign, to the greatest extent practical.
(d)
The sign face shall be constructed with an opaque surface to allow internal light to only project through the cutout lettering and/or logos.
(e)
The Building Inspector and/or Plan Commission may approve, deny, or request changes to a proposed sign, based on the architectural design of that sign.
(f)
General external lighting must be submitted with sign permit.
(2)
Wall signs.
(a)
Interior lit box signs shall be prohibited, unless approved by the Plan Commission as part of a total sign package.
(b)
Channeled letter sign colors are subject to Plan Commission approval as part of a total sign package.
(c)
Business logos or symbols may be allowed but shall be included in the total sign calculation.
(3)
Sign content.
B.
Structure design.
(1)
Wind pressure. All signs shall be constructed, erected and maintained to safely withstand wind pressure as specified by Wisconsin State Statute and applicable Administrative Code.
(2)
The design, construction and erection of all signs shall be by a competent professional in the sign design and construction industry.
(3)
Wall signs attached to exterior building walls shall be anchored or attached in such a manner as will ensure stability and safety.
§ 320-91 Maintenance and removal of signs.
The Town may cause any sign or other advertising structure which is, in its opinion, an immediate peril to persons or property to be removed summarily and without notice.
A.
Appearance requirements.
(1)
The owner of any sign as defined and regulated by this article shall be required to properly maintain the appearance of all parts and supports of the sign as directed by the Town.
B.
Removal of certain signs and billboards.
(1)
Any sign, now or hereafter existing, which no longer advertises a bona fide business or product, or which is dilapidated, out of repair, unsafe, or insecure, or has been constructed, erected or maintained in violation of the provisions of this article, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or land upon which such sign may be found. If within 10 days after written notification from the Town the sign owner fails to comply with such notice the Town may remove such sign. Any cost or expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such costs and expenses are not paid within 30 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(2)
Any sign which is constructed without proper approval and permit shall be removed or proper permit obtained within five days of notice to the owner by the Town. In the event that the owner of such sign is not issued a proper permit or fails to remove said sign, the Town may remove such sign. Any cost or expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 10 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(3)
In the event that the owner of an illegal sign cannot be ascertained by the Town, then notice as indicated in Subsection B(2) shall be given to the owner of the real estate upon which the sign is located. In the event that the owner of the real estate does not obtain a proper permit or does not remove the sign within 10 days of notice from the Town, then such sign may be removed by the Town. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 10 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(4)
If a permit is denied, the Town shall issue a five-day removal notice. If the sign is not removed within the five-day period, the sign may be removed by the Town of Cedarburg. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 10 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(5)
The cost of removing any signs located in the road right-of-way at the time the road is widened shall be paid by the sign owner.
§ 320-92 Variances.
The Town Board may, in its judgment, grant a variance to the provisions of this article where it would further the public interest and uphold the purpose of this article as put forth in § 320-77. Such variance may be based on, among other things, site-specific hardships such as topographic aberrations and visual encumbrances.
§ 320-93 Violations and penalties; nuisances.
A.
Penalty. Any person, firm, company, or corporation who or which violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be subject to a forfeiture of not less than $100 nor more than $500 for each offense, together with the costs of the action. Default of the payment may result in imprisonment in the county jail not exceeding 90 days. Each day that a violation exists shall constitute a separate violation and be punishable as such.
B.
Declared nuisances. Any sign or similar advertising structure erected, structurally altered, painted, moved, or maintained in violation of the provisions of this article is hereby declared to be a nuisance per se, and the Town may apply to any court of competent jurisdiction to restrain or abate such nuisance.