The intent of this article is to establish guidelines that will:

(1)

Promote public safety, welfare, convenience, and enjoyment of travel and the free flow of traffic within the city by reducing distractions and obstructions from signs that adversely affect traffic safety;

(2)

Allow for an understanding of the rights, requirements, and application process necessary for the application and maintenance of the signage in the city;

(3)

Discourage excessive visual competition per the existing sign code;

(4)

Preserve or enhance the natural beauty and unique physical characteristics of the city by promoting compatibility with the surroundings while allowing the expression of the identity; and

(5)

Protect property values within the city.

(Code 1997, § 17.64; Rep. and Recr. #411; Cr. #586)

(a)

No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit, except those signs excepted in section 52-230 and those signs provided for in section 52-231(7) and (8) and without being in conformity with the provisions of this chapter. The sign shall also meet all the structural requirements of chapter 8, article II.

(b)

Upon vacation of the premises or use for which a permit is issued, the permittee shall cause the removal of the sign or sign message, as applicable, within 60 days of the date of vacation.

(c)

If a sign meets all requirements of the city's sign code and the overlying sign program under the conditional use permit for the building on which it is proposed to be constructed if applicable, a permit may be issued by staff after approval by the plan commission. Appeals of the plan commission decisions must go before the common council.

(d)

All signs not falling under subsection (c) of this section must also receive site plan and appearance review as provided in article II of this chapter. No provisions of this section shall preclude the plan commission from attaching additional restrictions or requirements with respect to size, height, lighting, materials, design, or location of signs as allowed in article II of this chapter.

(e)

All directional signs not existing at the time of adoption of the ordinance from which this article is derived shall be required to undergo plan commission review prior to issuance of a sign permit.

(Code 1997, § 17.65; Rep. and Recr. #411; Rep. & Recr. #603; Am. #719)

All signs are prohibited in all residential, agricultural and conservancy districts, except the following:

(1)

Signs over show windows or doors. Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length.

(2)

Real estate signs. Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

(3)

Name, occupation and warning signs. Name, occupation and warning signs not to exceed three square feet located on the premises.

(4)

Bulletin boards. Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

(5)

Memorial signs. 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 a structure.

(6)

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

(7)

Subdivision entrance. Subdivision entrance or residential project identification signs not to exceed 20 square feet in area or eight feet in height may be permitted with plan commission approval. Signs permitted by this subsection may be exempt from the setback requirements of the district upon approval by the plan commission.

(8)

Review needed. When a business or commercial entity is permitted in a residential, agricultural, or conservancy district by conditional use, signage shall be reviewed pursuant to the provisions of section 52-232.

(9)

Directional signs.

a.

Businesses. Directional signs giving direction to businesses that are not conducted on the premises in which the sign is located may be permitted upon the plan commission's approval, compliance with the specifications in section 52-231(1), and the total signage area does not exceed eight square feet. The plan commission may grant a waiver from the sign setback requirement where such waiver would not interfere with traffic safety or be inconsistent with the objectives and purposes of this chapter. Any waiver granted by the plan commission under this provision shall be recorded with Waukesha County Register of Deeds. The signage area may be increased to up to 32 square feet in area and not be required to contain a city letterhead logo if all of the following apply:

1.

The directional sign is located on property that directly abuts a state highway;

2.

The directional sign only advertises a legal, non-conforming business that operates pursuant to a conditional use permit previously approved by the city;

3.

The property utilized for the legal, non-conforming business has frontage on Lake Nagawicka; and;

4.

The distance between the directional sign and the property utilized for the legal, non-conforming business does not exceed ¾ of a mile.

b.

Off-premises. Applications for off-premises directional signs shall include a copy of written permission from the owner of the premises on which the proposed sign is to be located.

c.

Nonconforming business.

1.

Any business operation which was made nonconforming by the adoption of the ordinance from which this chapter is derived in 1964, whether or not such business has received a conditional use permit based on that nonconformance, may have off-premises directional signs after recommendation from the plan commission and approval by the common council. Such signs shall comply with section 52-231(1).

2.

The granting of a permit for such signs shall be at the sole discretion of the common council and approval shall not be available to the applicant as a matter of right.

(10)

Signs allowed by conditional use. Signage ancillary to an operation permitted by conditional use may be allowed if approved by the plan commission and common council.

(Code 1997, § 17.66; Rep. and Recr. #411; Rep. & Recr. #603; Cr. #646)

(Ord. No. 826, § 1, 2-19-2024)

Signs are permitted in business and industrial districts in accordance with the following regulations. In order to provide for uniformity, signage in all business and industrial districts shall conform to the following:

(1)

Criteria for signs except CBD-1 Central Business District.

a.

Poles and pole facade colors shall be harmonious to the architectural surroundings.

b.

Directional signs shall contain city letterhead logo sailboats only, in a rounded cap area at the top center of the sign. Sign area, exclusive of the city logo area, shall not exceed 22 square feet.

c.

Identification signs for development areas at intersection of STH 83 and main road leading into development shall have full skirt and cap treatment.

d.

Identification signs shall use the same logo and cap as the pylon sign for each development area.

e.

Menu board type sign monument sign shall be permitted at entrance to individual business developments within a larger area listing individual tenants in each individual business development.

f.

No more than one pylon sign shall be permitted on a lot, except as approved by the plan commission conditional use - planned developments CU-PD.

g.

Directional signs may be reflective or internally illuminated. No floodlights will be permitted.

h.

Pylon signs may be internally illuminated.

(2)

Signs permitted in the CBD-1, CBD-2, CBD-3, CBD-4, B-1, and B-1-A districts. On-premises signs are permitted having a total signage area per premises not exceeding two square feet for each foot of street frontage for occupants of the ground floor with a maximum of 50 square feet for each sign and one square foot for each 100 square feet of floor space occupied for occupants of other floors with a maximum of 32 square feet per occupant. Where any ground floor space is shared by more than one occupant, the permitted area shall be divided among them in the same proportion as floor space is occupied by them. Where a premise has more than two occupants and has a name distinct from that of any occupant as in an office building, an additional one square foot for each foot of street frontage with a maximum of 32 feet is permitted for signs advertising only the name of the premises. Where an occupant has an entrance on an alley, an additional ten square feet is permitted for signs mounted on the alley side of the building. Signs shall be subject to the setback rules applicable to buildings in the zoning district where located, except that no setback shall be required in the CBD-1 district. The plan commission may grant a waiver from the sign setback requirement where such waiver would not interfere with traffic safety or would be inconsistent with the objectives and purposes of this chapter. Any waiver granted by the plan commission under this provision shall be recorded with Waukesha County Register of Deeds.

(3)

Signs permitted in the B-2, B-3, B-4, B-5, B-6 and M-1 Districts. On-premises signs are permitted having a total signage area per premises not exceeding six square feet for each ten feet or fraction of frontage or 60 square feet for each acre or fraction of area of the premises, whichever is larger. As an additional alternate method of computing allowable signage per premises, the square footage of all signs may be one and one-half times the building frontage. Building frontage shall be determined by the base measure in lineal feet of a building facade. No sign shall have an area exceeding 150 square feet. Where a premise has more than one occupant, the permitted area shall be divided among them in the same proportion as floor space and outdoor sales space is occupied by them. Where a premise has more than two occupants and has a name distinct from that of any occupant as in a shopping center or office building, an additional two square feet of sign area for each ten feet or fraction of street frontage with a maximum of 200 square feet is permitted only for signs advertising only the name of the premises. Signs shall be subject to the setback rules applicable to buildings in the zoning district where located. The plan commission may grant a waiver from the sign setback requirement where such waiver would not interfere with traffic safety or would be inconsistent with the objectives and purposes of this chapter. Any waiver granted by the plan commission under this provision shall be recorded with Waukesha County Register of Deeds.

(4)

Expressway district.

a.

Created. For purposes of this article, there is hereby created a district to be known as the expressway district. The expressway district is an area extending 1,000 feet from the centerline of I-94 and 2,100 feet westerly and 2,400 feet easterly of the centerline of STH 83.

b.

Expressway district modifications.

1.

Number. There may be one ground or freestanding sign per premises in addition to other authorized signs.

2.

Sign area. Ground or freestanding signs shall not exceed 200 square feet in area.

3.

Where a premises has more than one occupant. Where a premises has more than one occupant and has a name distinct from that of any single occupant, as in a shopping center or office building complex, one ground or freestanding sign shall be permitted per shopping center or office complex, which shall be limited to setting forth the name of the shopping center or office complex.

4.

Height. Ground or freestanding signs may be increased in height by an amount equal to the differential in grade elevation between the centerline of the nearest lane of travel of I-94 measured at right angles from the centerline and the sign, but in no event shall any ground sign exceed 20 feet above the elevation of the centerline of the traveled lane.

5.

Other provisions. All other provisions for on-premises signs shall conform to the provisions of, and be limited by, the requirements of subsection (2) or (3) of this section, whichever zoning district applies to the signage.

6.

Special purpose advertising signs, reader boards or menu signs may be permitted upon approval of the plan commission, notwithstanding the total signage area per premises limitations contained in subsection (2) of this section, provided there is only one such sign per premises not exceeding 40 square feet in area. The plan commission shall consider design, construction and location of such signs.

(5)

Directional signs.

a.

Directional signs giving direction to businesses not conducted on the premises on which the sign is located shall be permitted in business and industrial districts only when authorized by the plan commission to encourage sign design consistency. Directional signs may be exempt from the setback requirements of the district upon approval of the plan commission. Directional signs displayed in a common location shall be uniform in size, general design and overall appearance.

b.

Applications for off-premises directional signs shall include a copy of written permission from the owner of the premises on which the proposed sign is to be located.

(6)

Roof signs. Roof signs shall be permitted as a conditional use in business and industrial districts. The provisions of article V of this chapter relating to conditional uses shall apply to all applications for roof signs so far as applicable. The height of a roof sign, together with the building height, may not exceed the maximum building height restriction for principle buildings in the district in which the sign is located.

(7)

Real estate signs permitted in the CBD-1, CBD-2, CBD-3, CBD-4, B-1, B-1-A, and B-2 districts. Real estate signs not to exceed 16 square feet in area, which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

(8)

Real estate signs permitted in the B-3, B-4, B-5, B-6 and M-1 districts. Real estate signs not to exceed 32 square feet in area, which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.

(9)

Multi-tenant sign programs.

a.

All planned developments, commercial condominiums, and multi-tenant buildings owned, operated, or managed by a single business entity, including, but not limited to, office parks, industrial parks, office centers, retail centers and office and limited business structures, churches and schools which have a campus, must have a multi-tenant sign program if more than one sign will be erected in conjunction with such building, development or center, as defined in this chapter.

b.

All multi-tenant sign programs must receive plan commission approval.

c.

Each individual sign proposed in accordance with an approved multi-tenant sign program must be applied for and permitted separately in accordance with this chapter and in no event shall any recommendation or approval of a multi-tenant sign program be deemed an approval of or a permission to construct any particular sign under that program. All applications for permits for such individual signs must be approved per section 52-229.

d.

A multi-tenant sign program, as presented to the plan commission, shall include the following components:

1.

An aesthetically developed theme on color, size, illumination, and style.

2.

A proposed location of all signs for the building, development or center; where possible, signs shall be centered over tenant spaces.

3.

The proposed size of individual signs which may be expressed in maximums and minimums for purposes of the proposed sign program, but which must be proposed in exact terms when application is made for such individual signs after approval of the program.

4.

Categories of signs proposed which may include some or all of the following:

(i)

Identification signs.

(ii)

Tenant signs.

(iii)

Tenant/directory board.

(iv)

Entrance markers.

(v)

Traffic directional signs.

(vi)

Such other signs as requested by the applicant.

5.

Type of signage proposed (i.e., letter style, lighting, etc.).

6.

Blueprints, drawings and written policies governing the color, size, style, location and other features of the proposed signs.

e.

The plan commission, in its discretion, will consider the type and location of the building site, the proposed tenant mix, the size of the development and such other factors as it deems appropriate in evaluating a multi-tenant sign program.

(10)

Electronic message systems shall be permitted in business zoned parcels directly abutting the rights-of-way of STH 83, USH16, and 1-94 or the associated frontage roads as delineated in the EMC Boundary District.

a.

Only one electronic messaging system shall be permitted per lot.

b.

Electronic messaging shall be limited to a maximum of 50 percent of the allowable sign area not to exceed 75 total square feet.

c.

Light intensity of electronic messaging systems shall be limited to less than 0.3 footcandles above ambient lighting levels at the property boundary.

d.

Electronic messaging systems shall be limited to a rate of change not less than six seconds. No message shall be segmented.

(Code 1997, § 17.67; Rep. and Recr. #411; Rep. & Recr. #603)

(Ord. No. 732, § 2, 3-19-2018; Ord. No. 781, §§ 1—3, 7-19-2021; Ord. No. 799, §§ 8, 9, 6-20-2022)

(a)

Signs exempt from permit.

(1)

Consistent with the purpose and scope of this section, the common council recognizes that certain temporary, necessary or limited-purpose signs may be displayed without obtaining a permit, subject to applicable safety and aesthetic regulations herein. The common council finds that the following signs may be displayed without a permit because they serve a governmental purpose; are permitted or mandated by city ordinance, state or federal law; allow freedom of speech and expression in a timely manner; allow freedom of speech and expression during election periods; or because the size, location or duration of the sign as regulated herein is not significant enough to require review and a permit prior to display of such sign.

(2)

No permit shall be required for the following signs when displayed according to the following provisions and any other requirements of this Code or applicable law. Exempt signs may not be illuminated unless expressly stated herein or elsewhere in this chapter.

a.

Election campaign signs. A sign containing a "political message" displayed during an "election campaign period," as those terms are defined in Wis. Stats. § 12.04, shall be exempt from the requirement of obtaining a permit required by this section. All such election signs shall be removed within seven days following the conclusion of the final election campaign.

b.

Banners, American flags and pennants. Banners, American flags and pennants shall not be permitted to be attached to the signs.

(b)

Election campaign signs disclaimers required. Every communication which is paid for by political funds must contain a disclaimer or attribution statement identifying the source of the funds paying for the communication. This includes every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement or other communication paid for by political funds. Also, it includes items such as T-shirts, bumper stickers and yard signs. The disclaimer must use the words "Paid for by" (abbreviations shall not be used for this language) followed by the name of the committee or group making the payment or assuming responsibility for the communication and the name of the treasurer or other authorized agent of the committee. When the communication is being paid for through an in-kind contribution, it must bear the disclaimer of the recipient campaign committee. Abbreviations may not be used for the name of a candidate or campaign committee. No disclaimer is required on the following:

(1)

Personal correspondence not reproduced by machine for distribution.

(2)

A single personal item which is not reproduced or manufactured by machine or other equipment.

(3)

Nomination papers even if the papers contain biographical information.

(4)

Pins, buttons, pens, balloons, nail files and similar small items on which a disclaimer cannot be conveniently printed.

(5)

Envelopes which have campaign committee identification printed on them. Disclaimers must be included on each separate page of a political communication, including letterhead and enclosures.

(c)

Placement of signs. The city has sign ordinances regarding the placement of signs. Please refer to section 52-174 for these regulations.

(Code 1997, § 17.673; Rep. and Recr. #411; Cr. #653)

(a)

Temporary signs may be authorized in any district for not more than 90 days at a time by written permit issued by staff, authorized upon a finding on the basis of information which shall show the size, shape, content, height, type of construction, location of such signs and period during which the sign will be displayed. The proposed signs must be necessary for the direction of the public and not contrary to the spirit and purpose of this chapter. Signs may be allowed upon payment of a fee for each permit and renewal of each sign. Entities with a 501(c)(3) tax exemption or entities that are eligible to apply for a 501(c)(3) tax exemption are exempt from paying a fee.

(b)

The size of a temporary sign may not exceed the maximum sign size allowable in the zoning district. See sections 52-230 and 52-231.

(c)

Any sign which is not fastened, anchored and resting on a permanent foundation shall be considered a portable sign and shall not be permitted in any district, unless approved by written approval by staff and issued a portable sign permit pursuant to section 52-239.

(Code 1997, § 17.68; Rep. and Recr. #411; Rep. & Recr. #646)

(a)

Wall signs. Wall signs placed against the exterior walls of buildings shall not extend more than 12 inches outside of a building's wall surface.

(b)

Projecting signs. Projecting signs fastened to, suspended from or supported by a building shall not extend more than six feet into any required yard, more than three feet into any public right-of-way, be less than eight feet from all side lot lines and be less than eight feet above the sidewalk nor 15 feet above a driveway or an alley.

(c)

Ground signs. Ground signs shall not exceed 20 feet in height and shall meet all yard requirements for the district in which they are located.

(d)

Permanent window signs. Permanent window signs shall be placed only on the inside of commercial buildings and shall not exceed 25 percent of the glass area of the pane upon which the sign is displayed.

(e)

Facing. No sign except those permitted in section 52-230 shall be permitted to face a residential district within 100 feet of such district boundary.

(f)

Conflict with traffic signs or access. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(g)

Signs not related to the use of premises. Any sign not directly related to the uses of the premises on which it is located shall conform to the setback and offset requirements which would apply to a building in that district.

(h)

Hazards or nuisance prohibited. No sign, billboard 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. In no case shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed 40 footcandles when measured with a standard light meter held perpendicular to the sign face at a distance of ten inches.

(Code 1997, § 17.69; Rep. and Recr. #411; Rep. & Recr. #603)

(a)

All lighting for external illumination of buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares (see sections 52-27 and 52-176(7)).

(b)

The use of flashing or revolving lights other than traffic control lights is specifically prohibited in all districts. This prohibition shall apply to all signs, including portable or temporary signs.

(c)

Signs which convey changing noncommercial information such as time or temperature, by words, letters or images represented by lights of uniform color on a uniform background where the words, letters or images are not in motion are permitted. Such signs may not include changing advertisements for products or services or other messages of a commercial nature. The rate of change for any message, excepting time and temperature, may not be less than 30 minutes.

(d)

Light intensity of electronic messaging systems shall be limited to less than 0.3 footcandles above ambient lighting levels at the property boundary.

(Code 1997, § 17.70; Rep. and Recr. #411; Am. #474; Am. #491; Am. #719)

(Ord. No. 732, § 3, 3-19-2018)

Every applicant for a building permit for a sign to be located completely or partially within a public right-of-way shall, before the permit is granted, execute a surety bond in a sum to be fixed by the administrator, but not to exceed $25,000.00, and it shall be of a form and type approved by the city attorney, indemnifying the city against all loss, costs, damages or expenses incurred or sustained by or recovered against the city by reason of erection, construction or maintenance of such sign.

(Code 1997, § 17.71; Rep. and Recr. #411)

Prior to the issuance of a building permit for any sign located completely or partially within a public right-of-way, a liability insurance policy is required. The city attorney shall determine the nature and amount of the liability policy to indemnify the city against all liabilities. The required bond and insurance policy shall be renewed annually for the life of the sign. Should the liability policy lapse, the sign shall be removed by the city with the city's expenses covered by the bond and/or assessed to the owner.

(Code 1997, § 17.72; Rep. and Recr. #411)

(a)

Signs lawfully existing at the time of the adoption or amendment of the ordinance from which this chapter is derived which do not conform with the provisions of this chapter shall be deemed nonconforming signs.

(b)

A nonconforming sign may be continued and maintained exactly as it existed at the time of adoption of the ordinance from which this chapter is derived.

(c)

A nonconforming sign shall not:

(1)

Be changed to another nonconforming sign.

(2)

Have any changes made in the words or symbols used or the message displayed on the sign unless the sign is an off-premises advertising sign, a bulletin board or substantially similar type of sign, specifically designed for periodic change of message.

(3)

Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.

(4)

Be reestablished after the activity, business or usage to which it relates has been discontinued for 30 days or longer.

(5)

Be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the reproduction cost.

(d)

The zoning board of appeals may permit variances from subsection (c) of this section or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for the granting of zoning variances or upon a finding that the grant of a variance will reduce the degree of nonconformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign more in keeping with the spirit, purpose, and provisions of this chapter.

(e)

Nonconforming signs, as defined in this chapter, may remain in a nonconforming state effective from the date of the ordinance from which this chapter is derived until such time that a new business plan of operation or building permit is filed with the city. Thereafter, the sign shall be brought into conformity with this chapter by obtaining a sign permit or being removed.

(Code 1997, § 17.73; Rep. and Recr. #411; Rep. & Recr. #603)

Sandwich board or A-frame style signs are permitted for commercial businesses in the city without permit, review, or fee collection, so long as the board or sign complies with all of the following provisions:

(1)

The signs shall be located directly in front of the business frontage either next to the building face or at the street side of the sidewalk by newsstands, streetlights or other amenities. On multi-occupancy parcels, signs must be spaced at least 40 feet apart.

(2)

Only one sign shall be permitted per business.

(3)

The sign shall be removed from the right-of-way at the end of the business day and not left outdoors overnight.

(4)

The sign shall not exceed two feet wide by 3½ feet high.

(5)

Signs shall be constructed of durable materials (steel, iron, metal, wood, or corrugated plastic) and shall be maintained in good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited.

(6)

The use of metallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality. Creativity is encouraged, and all signs shall be maintained and kept in good repair.

(7)

The signs shall not be lighted.

(8)

The signs shall not interfere with streetlights, street trees, utility poles, benches, ramps, fire hydrants or other structures, and shall not impede traffic visibility or vision corners as regulated in section 52-174.

(9)

The content shall be limited to the name and trademark of the business establishment, a listing of products for sale and prices, or the advertisement of special products and prices.

(10)

The signs shall not advertise a business or products, goods and services located on another property.

(11)

Signs located on the sidewalk shall not impede pedestrian traffic, shall not cause the minimum accessible path to be less than five feet in width, and shall not interfere with the turning movements of a wheelchair.

(12)

An approved business plan of operation is required prior to the installation of the sign. The sign rights of the business are nontransferable.

(13)

If the sign is to be located within the public right-of-way, the business owners must agree to indemnify the city from any and all liability arising out of the placement of the sign in a public right-of-way. The business owner also must provide the city with proof of a minimum general liability insurance of $1,000,000.00 in a form satisfactory to the city attorney, and indicating the city as an additional insured.

(14)

Signs placed in violation of this section will result in the immediate removal of the sign by the city.

(15)

Signs within the public right-of-way may be moved or removed by the city for municipal purposes, including for the benefit of the public health, safety or welfare.

(Code 1997, § 17.734; Rep. and Recr. #411; Cr. #597)

The city administrator or his/her appointee is authorized to remove any illegal sign as defined by this chapter or any sign that is displayed under an expired permit.

(1)

Before taking action to require removal of any illegal sign, the city administrator or his/her appointee shall give a written compliance notice to the holders of the permit for the sign or, if no permit has been issued, to the owner of the premises on which such sign is located and to the lessee of the premises to which such sign pertains. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign with reasonable definiteness, and the violations charged, if any. Such notice shall specify what repairs, if any, will make the sign conform to the requirements of this chapter and specify that the sign must be removed or made to conform to the provisions of this chapter within the compliance period provided below. Service of notice in the case of permanent signage shall be made on the parties specified above as follows:

a.

By delivering personally copies of the notice to the parties;

b.

By leaving a copy of the notice with any person in charge of the premises; or

c.

In the event that no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of copies of the notice to the post office addresses of the holders of the permit as specified in the application for the permit, if any, or to the last known post office addresses of the parties specified above.

(2)

Service of notice in the case of temporary signage shall be made via standard mail. The start date of the compliance period shall be identified in the violation letter from the city administrator or his/her appointee.

(3)

Compliance period.

a.

The compliance period for permanent signs shall be 30 days.

b.

The compliance period for temporary signs shall be ten days.

(4)

Re-erection of any sign or any substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuance of the original violation and the sign may be removed without a second notice sent to the owner of the premises on which such sign pertains, and/or the business entity displayed on the sign provided that they received the original violation letter.

(5)

If the holders of the permit of the owner and lessee of the premises upon which the sign is located have not demonstrated to the satisfaction of the city administrator of his/her appointee that the sign has been removed or brought into compliance with the provisions of the chapter by the end of the compliance period, the city administrator or his/her appointee shall issue municipal citations to the owner and/or tenant.

(6)

Removal. The city administrator or his/her appointee is authorized to cause the removal of any sign found to be illegal. The actual costs and expense of any such removal by the city administrator or his/her appointee shall be borne by the holders of the permit or, if no permit had been issued, by the owner of the premises on which the sign is located and the lessee of the premises to which such sign pertains. All such parties shall be jointly and severally liable for such cost and expense and subject to the penalties provided by the provisions of this chapter. Removed signs shall be held by the city department of public works for no less than 90 days.

(7)

Violators shall be subject to section 52-296. Each act of violation shall be subject to a forfeiture of no less than $50.00 per day.

(Code 1997, § 17.735; Rep. and Recr. #411; Cr. #586)

The purpose of this section is to allow and regulate the use of downtown directional signs (DDS) within the municipal limits of the city.

(1)

Definitions. The following terms or phrases, when used herein, shall have the following meaning:

Downtown directional sign (DDS) means a sign or group of signs of uniform and standard size, color, typeface, material, and construction located within the right-of-way of a public street or located on publicly owned property giving direction to off-premises public facilities, lodging, or consumer attractions such as shops, amusement, restaurants, service businesses, etc., available on a yearly, leasable basis.

(2)

Qualification for DDS. To qualify for a DDS, the following requirements must be met:

a.

Have an approved business plan of operation by the city plan commission, or be municipally owned.

b.

Business or facility does not have direct access to Genesee Street.

c.

Business or facility must be located within the central business district as determined in the land use plan. The central business district includes those businesses or facilities from Genesee Street East to Bleeker Street; from Genesee Street West to Cushing Park Road.

(3)

Types of business or facilities eligible for DDS.

a.

Public facilities (municipal offices, parks, parking lots, etc.).

b.

Lodging (hotels, motels, resorts, boarding houses, bed and breakfast establishments).

c.

Consumer and service businesses (shops, museums, restaurants, financial services, legal services, etc.).

(4)

Application and permit required.

a.

An application is required for the installation of DDS. The application is referenced as "Exhibit A" to the ordinance from which this section is derived.

b.

Each DDS shall have a life of one year.

c.

Each qualifying business may only have one DDS.

d.

Each qualifying business shall submit an application for a DDS which is due by the close of business on March 1 annually, to the city clerk-treasurer's office.

e.

A lottery system will be used to determine which qualifying business shall receive a sign on an annual basis.

f.

Upon completion of lottery, the qualified business shall pay a $100.00 fee.

g.

Failure to maintain a business license or failure to meet any of the qualifying conditions or discontinuance or close of business will prompt revocation of the permit for the DDS.

(5)

Location, construction and materials.

a.

DDs shall be located within the right-of-way of a public street or located on publicly owned property.

b.

DDS will be installed along Genesee Street at the intersections of Wells Street, Main Street and Milwaukee Street.

c.

All DDS must be purchased by the city.

d.

DDS shall have a uniform font of san serif and no logos.

e.

DDS will be listed in alphabetical order.

f.

No more than seven leasable DDS will be permitted on one side of the sign.

g.

DDS may only be purchased and installed by the city.

h.

One leasable DDS will be reserved for city-owned property/operations.

(Code 1997, § 17.736; Rep. and Recr. #411; Cr. #611)

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:

Directional sign means a sign which guides or directs pedestrian or vehicular traffic.

Eave means, for the purpose of sign regulation, the lower edge of an angled roof or the top edge of the wall in the case of flat-roofed buildings. Surfaces at an angle of 20 degrees or less from vertical are to be considered as wall rather than roof.

Ground sign means a sign which is attached to the ground independent of any building.

Harmonious means having component elements that are compatible with building aesthetics.

Identification signs means signs that identify large developments or groupings for any multi-tenant establishment.

Projecting sign means a sign other than a wall sign which is attached to or supported by a building or structure and projecting more than eight inches from the face of the building or structure. The surface of a projecting sign may be parallel to or at an angle to the outside wall surface of a building or structure, but does not project above the eave.

Roof sign means a sign mounted on a building, situated in total or in part above the eave of that part of the building to which it is mounted.

Sign means a name, identification, image, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, which directs attention to an object, project, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts of signs.

Sign area means the entire area within a circle, triangle or parallelogram enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area.

Sign, on-premises, means a sign which advertises only goods, services, facilities, events or attractions available on the premises where located, identifies the owner or occupant or directs traffic on the premises. All other signs are off-premises signs.

Temporary sign means a sign with a commercial message permitted for a limited period of time.

Wall sign means a sign which is in any manner affixed to any exterior wall of a building structure and which projects not more than 12 inches from the building or structure wall or a sign which is painted on any exterior wall, but does not project above the eave.

Window sign means a sign which is on the inside of a window, including those painted on the glass and neon or backlit signs oriented toward the building exterior.

(Code 1997, § 17.74; Rep. and Recr. #411; Cr. #586; Am. #586)