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:

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.

Billboard means a sign which advertises goods, products or facilities, or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.

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

Business park means that land identified and defined as "industrial park" and depicted in the boundary map for the Industrial Park Covenants, Exhibit A in the document entitled "First Amended Declaration of Covenants, Conditions, and Restrictions for the Industrial Park in the Village of Deerfield," and recorded as Document Number 3005616 in Volume 550 of the Dane County Register of Deeds Office, Dane County, Wisconsin.

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 such sign.

Directory sign means a sign on which the names and locations of occupants or the use of a building is given. The term "directory sign" include offices and church directories.

Electronic message unit sign means any sign whose message may be changed by electronic process, including such 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. An electronic message unit sign also includes traveling or segmented message displays.

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.

Ground and/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. (Also referred to as "free-standing sign.")

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.

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.

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

Portable sign means any sign not permanently attached to the ground, which is designed to be easily moved from one location to another.

Projecting sign means any sign extending more than 18 inches, but less than five feet from the face of a wall or 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 includes anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product, including balloons, banners, streamer, strings of light bulbs (excluding holiday lights).

Temporary sign means any sign intended to be displayed for a short period of time, including real estate, political or construction site signs, and banners, decorative type displays or anything similar to the aforementioned.

Wall sign means any sign attached to, erected on, or painted on the wall of a building or structure, and projecting not more than 18 inches from such wall.

Window sign means any sign attached to any window, located completely within an enclosed building and visible from a public way. Window signs must be located inside the window and shall be limited to only temporary advertisement of sales or specials. Window signs shall not be placed on door windows or other windows that need to be clear for pedestrian safety.

(Prior Code, § 24.50)

The purpose of this article is to establish minimum standards to preserve health and safety of the village and property within the village and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs.

(Prior Code, § 24.50)

(a)

Permit required; application process. A permit from the building inspector is required prior to the erection, relocation, reconstruction or maintenance of a sign in the village. Applications for a sign permit shall be made in writing upon forms furnished by the zoning administrator. The applicant shall file with the application plans and specifications and provide information about the sign, including dimensions, materials, illumination, wiring, height above grade, distance from lot line, by whom the sign shall be erected, and such other information as may be requested by the zoning administrator, village administrator-clerk-treasurer and building inspector. Permits are not required for a copy change to a sign when no change in business name is involved.

(b)

Permit fees. A permit fee shall be paid to the village administrator-clerk-treasurer for each sign permit application filed pursuant to this section; provided, however, that a fee shall not be charged for bringing an existing sign in conformity with this section, or for a copy change to a sign when no change in business name is involved. The permit fee shall be set by the village board.

(c)

Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the building inspector who will inspect the sign to confirm that it complies with this article.

(d)

Violations; appeal. If the building inspector determines that a sign does not comply with this article, the building inspector shall notify the owner of the violation and require compliance. The building inspector shall provide notice of the violation and enforce this article using the same process that is used for other violations of this chapter. The same enforcement and penalty provisions shall apply. Appeals to determinations made by the building inspector shall be to the zoning board of appeals.

(e)

Variances. Following denial by the building inspection, variances or exceptions may be granted by the zoning board of appeals. Applications for variances to the sign regulations shall be made in the same manner as other zoning variances.

(f)

Exceptions to sign regulations. Permits shall not be required and the sign regulations set forth in this article shall not apply to the following:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, or names or occupants of premises.

(2)

Flags and government insignias, except when displayed in connection with commercial promotion.

(3)

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

(4)

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

(5)

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

(6)

Temporary signs such as those for real estate (which advertise sale or rental or the premises upon which the sign is posted), political signs, construction site and similar type signs provided such signs do not exceed 25 square feet of display surfaces.

(7)

Window signs directing attention to a product, service or entertainment sold or offered on said premises.

(8)

Seasonal and decorative holiday lights.

(9)

Signs located in the business park. (Note: See subsection (g) of this section which applies to all signs located in the business park.)

(10)

Signs owned by the village and erected and maintained on village property.

(g)

Signs in the business park.

(1)

Signs erected, relocated, reconstructed or maintained in the business park are subject to the same application and permitting requirements and enforcement guidelines set forth in this section, except as expressly modified by this subsection:

a.

All applications for permits for signs in the business park shall be reviewed by the business park commission and the village board, rather than the building inspector. Following approval by the business park commission and village board, the building inspector shall issue a permit as directed by the village board. Thereafter, signs in the business park shall comply with and conform to any and all requirements set forth in the final sign permit. Both the business park commission and the building inspector shall have concurrent enforcement jurisdiction over signs in the business park.

b.

When reviewing applications for sign permits in the business park, the business park commission and village board shall consider the standards set forth in this article and the standards set forth in the "First Amended Declaration of Covenants, Conditions, and Restrictions for the Industrial Park in the Village of Deerfield," as may be amended from time to time. While these standards shall provide guidance, the village recognizes that:

1.

These standards may not adequately consider relevant factors for signs in the business park; and

2.

Signs in the business park have a unique significance for both the village and businesses located in the business park.

(2)

Therefore, the standards applied to a particular application for a sign in the business park shall be determined by the business park commission and village board on a case-by-case basis, with final approval or denial resting in the discretion of the village board.

(Prior Code, § 24.51)

(a)

Residential. In all residential districts established by this chapter, the following non-flashing, non-illuminated signs are permitted under the conditions specified:

(1)

Nameplate and identification signs. Subject to the following:

a.

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

b.

Area and content; nonresidential. For nonresidential buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two such signs, one facing each street, shall be permitted.

c.

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

d.

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. Subject to the following:

a.

Area and number. There shall be not more than one such sign per zoning lot, except that on a corner zoning lot two signs, one facing each street, shall be permitted. No sign shall exceed 12 square feet in area nor be closer than eight feet to any other zoning lot.

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 be not more than four feet in height.

(3)

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 such 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 such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot two such 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)

Signs accessory to roadside stands. Subject to the following:

a.

Content. The signs shall be only for the purpose of identification of the roadside stand, and advertising the agricultural products for sale therein.

b.

Area and number. The signs shall be on the same zoning lot as the roadside stand, and there shall be not more than two signs per lot. No sign shall exceed 12 square feet in area nor be closer than 50 feet from any other zoning lot.

c.

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

d.

Height. No sign shall project higher than 15 feet above curb level.

(5)

Temporary signs accessory to subdivision developments or other permitted improvements in residential district. Subject to the following:

a.

Content. The signs shall be only for the purpose of identification of homes for sale or rent in the subdivision under construction, or for the identification of other nonresidential uses under construction.

b.

Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 50 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.

c.

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

d.

Time limitations. The sign or signs shall be removed by the applicant or property owner within two years of the date of the issuance of the zoning certificate.

(6)

Subdivision identification signs. Subject to the following:

a.

Content. The signs shall bear only the name of the subdivision or development.

b.

Area and number. There shall be not more than one sign located at each entrance to a subdivision. No sign shall exceed 32 square feet in area.

c.

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

(7)

Non-flashing, 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 nor 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 curb level, whichever is lower.

(b)

Business. Signs are permitted in all business and industrial districts, subject to section 113-324 and the restrictions listed below.

(1)

Signs prohibited in public ways. No sign shall be placed upon, over or in any public way, provided that this subsection shall not be construed to prohibit the erection or placing of any authorized traffic sign, traffic signal or other traffic device, or any other signs authorized by law or specifically permitted to project into the public way by this chapter.

(2)

Signs not to constitute a public hazard. No sign shall be erected at any location where it may, by reason of its position, shape, color or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, traffic signal or other traffic device, nor shall any sign make use of the words "stop," "look," drive-in," "danger," or any other word which could be mistaken for an official sign.

(3)

Illuminated sign. No sign shall be illuminated by intermittent, rotating or flashing lights.

(4)

Ground signs. Ground signs shall be placed no closer than one foot to the street right-of-way, shall have no projections and shall not exceed 50 square feet in area. Ground signs shall not exceed 20 feet in height above the mean centerline street grade.

(5)

Vacant lot maintenance. Vacant lots upon which advertising signs now exist or which are erected pursuant to this section shall be maintained in orderly fashion by the frequent and periodic removal of rubbish and maintenance of any verdure growing on the lot.

(6)

Sign projection restrictions. No sign shall project over any part of any street except where a business structure is located on the front property line. In such case, a sign may not extend more than 12 inches into any street.

(7)

Removal of signs at termination of business. At the termination of a business, commercial or industrial enterprise, all signs shall forthwith be removed from the public view. Responsibility for violation shall reside with the property owner according to the latest official tax roll listings.

(8)

Shopping center sign restrictions. In a shopping center, one free-standing identification sign for each street upon which the development fronts may be permitted showing the name of said center or park and represented business or industries. The area of said sign shall not exceed 60 square feet. Said sign shall not be permitted within 20 feet of the right-of-way line of the street.

(9)

Total surface display area restrictions. The total surface display area of business or industrial signs on the front facade of a building shall not exceed one square foot of signage per linear foot of length of the building frontage, with no permitted increase for parking lots except as set forth below. In the case of a building located on a corner lot with two facades, such square foot display area on one facade facing the secondary street may be increased by 1.0 times the number of linear feet of the length of the building which faces the secondary street. Said increased permitted display area shall be used only for the erection of a permitted sign on the length of the building which faces the secondary street facade. Where the building abuts a parking lot, the total display area on the parking lot facade may be increased by 0.5 times the number of linear feet of the length of such parking lot facade. Such increased display area shall only be utilized by the erection of a permitted sign on the parking lot facade. In no case shall the wall area usable for sign display be in excess of 200 square feet and in no case shall more than one of the above-mentioned criteria by used to calculate allowable sign area on any one building facade.

(10)

Projection of signs mounted on buildings restricted. Business and industrial signs mounted on buildings shall not be permitted to project more than 12 inches beyond the building line.

(11)

Number of signs permitted. No more than one business or industrial sign shall be permitted on the front facade of any business or industrial building, including any advertisement permanently fastened to show windows or display cases. Only one business or industrial sign shall be permitted on each side or rear wall of a business or industrial building.

(12)

Directional ground signs. Necessary directional ground signs which shall not exceed four square feet in area shall be permitted. Permission to erect such signs must be obtained from the police department and the village board.

(13)

Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector; provided, however, that such 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 such traffic signal devices are prohibited.

(14)

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.

(15)

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.

(16)

Canopy signs restricted. Signs shall be permitted to hang from canopies or covered walks in business or industrial districts provided that there shall be only one sign, not to exceed five square feet, for each business and that the sign shall be at least ten feet above ground level.

(17)

Off-site signs. Off-site signs are permitted only with approval of the plan commission.

(c)

Other specific requirements.

(1)

Temporary sign limitations.

a.

All temporary signs such as real estate, construction site and political signs shall be removed within ten days after their use has discontinued.

b.

Temporary signs may be placed on a property, but shall not be located on a right-of-way terrace, and shall not interfere with driveway vision clearance.

(2)

Electronic message unit signs.

a.

Such signs may be used only to advertise activities conducted on the premises or to present public service information.

b.

Segmented messages must be displayed for not less than one-half second and more than ten seconds.

c.

Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.

(3)

Portable signs.

a.

Such signs shall be limited in use to 30 days at a time.

b.

The maximum size shall be 25 square feet on each face, back to back.

(4)

Location adjacent to residence district. No advertising signs shall be permitted within 75 feet of any residence district boundary line unless said sign is completely screened from said residence district by a building, solid fence, or an evergreen planting, which planting shall be not more than two feet shorter than the height of the sign at the time said evergreens are planted; said evergreens shall be spaced not more than one-half the height of the tree for regular varieties and one-third the height of the tree for columnar varieties of trees; said evergreen planting shall be continuously maintained; or said sign is facing away from the residence districts and the back is screened as provided below.

(5)

Sign mounting. All signs shall be mounted in one of the following manners:

a.

Flat against a building or wall.

b.

Back to back in pairs so that the back of the sign will be screened from public view.

c.

In clusters in an arrangement which will screen the back of the signs from public view; or

d.

Otherwise mounted so that the backs of all signs or sign structures showing to public view shall be painted and maintained a neutral color or a color that blends with surrounding environment.

(Prior Code, § 24.52)

(a)

Dangerous and abandoned signs; violations.

(1)

Unsafe or abandoned signs. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of six months or when in the judgement of the building inspector such 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 building inspector may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the building inspector's decision to the village board.

(2)

Alterations. Any sign which was erected before the adoption of the ordinance from which this article is derived shall not be rebuilt or relocated without conforming to all of the requirements of this article.

(3)

Violations. All signs constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code. In addition to the penalty provisions for violation of this chapter, the building inspector may bring an action to abate the nuisance in the manner set forth in state statutes.

(b)

Construction and maintenance regulations for signs.

(1)

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 such material and with such workmanship as to be safe and satisfactory to the building inspector.

(2)

General requirements.

a.

Awnings. The lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning of hanging on the frame, but not below seven feet.

b.

Animated signs. Signs with any moving parts or beacon lights shall not be permitted.

c.

Flashing signs. Flashing signs will not be permitted.

d.

Roof signs. No sign shall be located so as to project above the parapet line, unless approved by the building inspector.

e.

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

f.

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

g.

Blanketing. Blanketing of signs shall not be allowed.

h.

Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean.

(3)

Requirements per zoning district.

a.

Exceptions to height and setback requirements. Signs may be allowed in the setback area if they are below three feet or are pole-mounted and above 12 feet to the bottom of the sign. The pole diameter of pole-mounted signs shall not exceed 12 inches and sign shall be located so as to project above the parapet line, unless approved by the building inspector.

b.

Prohibitions.

1.

No sign shall be erected so that any portion of the sign or its supports attach to or interfere with the free use of any fire escape, exit, and required stairway, door, ventilator or window.

2.

No sign shall be erected that will interfere with, obstruct, confuse, or mislead traffic.

(4)

Residential development identification signs. Residential development identification signs shall not exceed 32 square feet in sign area. A maximum of two such signs is permitted per development after review and approval by the building inspector.

(5)

Searchlights. The village board 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.

(6)

Signs on public rights-of-way. Signs shall not be permitted on or projecting into public rights-of-way except for traffic control, parking and directional signs and as otherwise specified in this chapter. A sign in direct line of vision of any traffic signal, from any point in the traffic lane from a position opposite the near sidewalk line to a position 150 feet before said sidewalk line, shall not have red, green, or amber illumination.

(7)

Wind pressure and dead-load requirements. All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area; and shall be constructed to receive dead loads as required in the building code or other ordinances of the village.

(Prior Code, § 24.53)

(a)

Signs eligible for characterization as legal nonconforming. Any sign located within the village limits on the date of adoption of this Code, or located in an area annexed to the village hereafter, which does not conform with the provisions of this article, is eligible for characterization as a legal nonconforming sign and is permitted, providing it also meets the following requirements:

(1)

The sign was covered by a proper sign or building permit prior to the date of adoption of the ordinance from which this article is derived.

(2)

No permit was required under the applicable law for the sign in question and the sign was in all respects in compliance with applicable law on the date of adoption of the ordinance from which this article is derived.

(b)

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

(1)

The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this article than it was before alteration.

(2)

The sign is relocated.

(3)

The sign fails to conform to the ordinance regarding maintenance and repair, abandonment, or dangerous or defective signs.

(4)

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

(c)

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

(d)

Abandoned signs. Except as otherwise herein provided, all sign messages shall be removed by the owner or lessee of the premises upon which an off-premises sign is located when the business it advertised is no longer conducted where advertised. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 60 days' written notice to remove said sign and thereafter upon the owner's or lessee's failure to comply may remove such 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, and/or the building inspector may take any other appropriate legal action necessary to attain compliance.

(Prior Code, § 24.54)