East Troy City Zoning Code
ARTICLE XV
Signage Regulations
§ 510-126 Purpose.
[Amended 7-18-2016 by Ord. No. 2016-08]
A.
The intent of this article is to provide for and regulate the installation, design, and safe construction of signage within the Village of East Troy to ensure that signs are compatible with surrounding land uses, are well maintained, and express the identity of individual proprietors and the Village as a whole.
B.
To that end, this article regulates the location, type, size, and height of signage to protect and to promote the public health, welfare, and safety of persons within the community; to aid in the development and promotion of business and industry; and to ensure the implementation of the Comprehensive Plan for the Village of East Troy. The adoption of this article reflects the findings of fact by the Plan Commission and Board of Trustees of the Village of East Troy that regulation of signage has an impact on the visual environment which affects the welfare of the residents and that reasonable control of signage can preserve and enhance the following interests of the community at large.
(1)
Promote the public health, welfare, and safety of all persons using the public thoroughfares, and rights of way within the Village of East Troy.
(2)
Advance the aesthetic goals of the Village of East Troy throughout the community and ensure flexibility in the creative design of signage without detriment to adjacent property owners or the general public.
(3)
Reduce the visual clutter caused by advertising signage which the Village considers a significant factor in obstructing visibility and creating unsafe traffic conditions.
(4)
Limit the visual impact of strip commercial development of which signs are a primary contributor in order to be respectful of the rights of all advertisers and business entities who display advertising in a particular neighborhood.
C.
Nothing in this article is intended to restrict or otherwise regulate the message displayed on a sign permitted in this article.
§ 510-127 Applicability.
The regulations in this article apply to all signs except for the following, which are exempt:
A.
A traffic control sign and other similar signage when located on public property along a roadway or other travelway when placed by or authorized by the federal government, the state of Wisconsin, Walworth County, or a municipal government.
B.
A sign inside of a building that does not meet the definition of a window sign.
C.
A legal notice posted on private property as may be required or authorized by municipal, state, or federal law.
D.
A scoreboard associated with an outdoor athletic field, which is to be reviewed as part of a site plan review as described in Article XVII of this chapter.
E.
A sports league sponsor sign (banner or rigid) that is temporarily affixed to a fence on an outdoor athletic field, which is subject to other regulations as may be adopted by the Village Board.
F.
A civic event banner that is temporarily placed above a public right-of-way, which is subject to other regulations as may be adopted by the Village Board.
§ 510-128 Definitions.
[Amended 7-18-2016 by Ord. No. 2016-08]
The following definitions are applicable within this article.
A sloped, roof-like feature that projects beyond the face of an exterior wall. An awning is typically placed above a door or window to provide protection from the sun and precipitation. An awning can be constructed of various materials, including metal, fabric, or plastic. An awning may be nonretractable or retractable so as to fold up against the building. (Also see "marquee.")
An example of an awning  © Civic Webware |
A permanent structure without walls for the purpose of shielding driveways, sidewalks, or service areas from elements. A canopy may be freestanding or attached to a building.
A 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.
A sign message that can change by electronic means. (In contrast, see "static display.")
A pliable material suspended from a pole with the emblem or symbol of a nation, organization of nations, state, city, or other political subdivision, or of a religious, fraternal, or civic organization.
A sign that is illuminated from a source outside of the actual sign.
A flat, roof-like feature that projects beyond the face of an exterior wall. A marquee is typically placed above a door or window to provide protection from the sun and precipitation. (Also see "awning" and "canopy.")
An example of a marquee  © Civic Webware |
A sign attached to and made part of a marquee.
A freestanding sign that is supported by a base extending from the ground surface to the bottom, or to nearly the bottom, of the sign face.
A painting or other artwork applied to and made integral with the surface of an exterior wall or other large permanent surface that depicts a scene or event of natural, social, cultural, or historical significance as recognized by the Plan Commission.
A sign that at the time of construction or placement conformed to the then-existing regulations including size, location, and other dimensional standards, but is now inconsistent with this chapter.
A sign advertising goods, products, facilities, patronage to a business location, or directs persons to a different location from where the sign is located.
A sign that is not permanent, affixed to a building, structure, or to the ground. Portable signs include but are not limited to A-frame menu and sandwich board signs.
A sign extending more than 18 inches, but less than four feet, from the face of a wall or building; such sign may not extend more than three feet into the right-of-way.
A sign erected upon or over the roof or parapet of any building.
A sign shall include anything that promotes, calls attention, or invites patronage (or anything similar to the aforementioned) to a business, location, or product.
A sign erected or displayed for a limited period of time, or displayed only during regular business hours and removed for storage at other times. Examples include banners and decorative-type displays. For purposes of this chapter, a portable sign is not a temporary sign.
A sign attached to, erected, or painted on the wall of a building or structure, and projecting not more than 16 inches from such wall, including wall overhangs and canopies that are within 25% of vertical.
A sign affixed to a window or placed inside of a building within 16 inches of an exterior window.
§ 510-129 General standards.
[Amended 6-15-2015 by Ord. No. 2015-02; 7-18-2016 by Ord. No. 2016-08]
A sign allowed by this article shall comply with the following general requirements:
A.
A sign, except those permitted in § 510-135A(5), shall not face a residential or park district within 100 feet of such district boundary.
B.
A sign shall not be placed within a road right-of-way, except those signs specifically authorized in this chapter and subject to § 510-129B.
C.
A sign shall not resemble, imitate, or approximate the shape, size, form, or color of a railroad or traffic control sign, signal, or device.
D.
A sign shall not obstruct or interfere with the effectiveness of railroad or traffic control signs, signals, or devices.
E.
A sign shall not interfere with the free ingress to or egress from a door, window, or fire escape.
F.
A sign shall not be attached to a standpipe or fire escape.
G.
A sign shall not be placed within the clear vision triangle except as allowed.
H.
A sign shall not oscillate or rotate, or move in any other manner.
I.
A sign shall not have any moving parts or features.
J.
A sign shall not emit an audible sound, odor, or any visible matter.
K.
A sign shall not create a hazard or dangerous distraction to vehicular traffic.
L.
A sign shall not create a nuisance to any adjoining residential property.
M.
A sign shall not be placed on a telecommunication tower, except as may be required or specifically permitted.
N.
A sign shall be constructed and mounted so as to comply with state and local building codes as applicable.
O.
A sign containing electrical wiring shall be constructed, installed, and operated so as to comply with state and local electrical codes as applicable.
P.
When a sign is authorized to contain electrical power or when a sign is illuminated by one or more external light fixtures, the electric wire providing the electric power to the sign or the light fixture shall be placed underground from the service disconnect.
§ 510-129.1 Development within a public right-of-way.
[Added 7-18-2016 by Ord. No. 2016-08]
A.
Generally. When a property owner intends to install, reconstruct, or enlarge a projecting sign, awning, canopy, marquee, or similar feature that extends into a public right-of-way, the property owner shall obtain written authorization of the public entity having jurisdiction over the right-of-way. If such authorization is for a defined period of time, the Village's approval, if granted, incorporates such time period whether included in the Village's authorization or not.
B.
Sample encroachment easement. The Zoning Administrator, in consultation with the Village Attorney and others, is authorized to prepare a sample encroachment easement for Village rights-of-way and make it available and post it on the Village's website.
§ 510-130 Sign illumination.
Illumination of a sign when allowed by this article shall comply with the following requirements:
A.
Internal or external illumination shall not flash, oscillate, change intensity, change color, or move or give the appearance of movement, except for electronic message displays as may be allowed in this article.
B.
Lighting for an externally illuminated sign shall be shaded, shielded, and directed away from surrounding properties and vehicular traffic.
C.
Lighting shall not cause glare or otherwise impair drivers on a public roadway.
D.
Neon lighting or lighting having the same appearance of neon lighting may be used.
E.
For a sign with internal illumination, the background of the sign face shall be made of an opaque material to allow internal light to project only through the lettering and/or logos or a colored translucent material (i.e., not white, cream, off-white, or other light color) with either translucent or opaque lettering and/or logos.
F.
No sign shall consist of bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather, or similar information, or where allowed by conditional use permits.
§ 510-131 Electronic message display.
[Amended 7-18-2016 by Ord. No. 2016-08]
A.
Findings. The Village Board makes the following findings regarding electronic message displays:
(1)
Electronic displays are designed to produce sufficient brightness to ensure clear legibility during daylight hours. However, daytime brightness settings are usually inappropriate for night-time viewing.
(2)
Electronic displays that are too bright at night can be offensive and reduce the legibility of the display copy.
(3)
Technology exists to control lighting levels, with scheduled dimming based on sunset-sunrise tables or with photocells.
(4)
Appropriate standards are necessary to ensure electronic displays do not become a nuisance to surrounding property owners or a distraction to passing motorists.
B.
General standards. When allowed by this article, an electronic message display shall comply with the following standards:
(1)
An electronic message display must be equipped with technology the sign owner can use to program lighting levels to comply with the lighting standards in this section.
(2)
If the display is over five square feet, the message shall remain static at least 10 seconds before the next message appears.
(3)
If the display is over five square feet, no part of the message shall give the appearance of movement, motion, or animation.
(4)
If the display is over five square feet, there shall be no transition between messages (i.e., no traveling, scrolling, dissolving, or fading).
(5)
Lighting levels shall not exceed 0.3 footcandles over ambient lighting conditions when measured at the specified distance in the table below, based on the size of the display. However, lighting levels shall not exceed 0.1 footcandles over ambient lighting conditions at the property boundary line of a residential property or 0.2 footcandles over ambient lighting conditions at the property boundary line of a commercial, industrial, or institutional property.
Sign Area (square feet) | Measurement Distance (feet) | |
|---|---|---|
10 | 32 | |
15 | 39 | |
20 | 45 | |
25 | 50 | |
30 | 55 | |
Note: The sign areas listed in this table are for illustration only. The Village's sign regulations may not allow the sign areas listed. For signs areas not listed, the measurement distance is calculated with the following formula: | ||
Measurement Distance = √Area of Sign Sq. Ft. x 100 | ||
(6)
An electronic message display shall be located on no more than one freestanding sign per road frontage on each parcel if such signage is otherwise allowed.
§ 510-132 Sign area.
A.
Maximum sign area. Permissible signs shall comply with the maximum sign area limitations as may be established for the zoning district in which the sign is located.
B.
Measuring the area of a wall sign. The area of a wall sign without a distinctive border or background is the smallest rectangle encompassing all words, letters, figures, emblems, logos, and other elements of the sign message. The area of a wall sign with a distinctive border or background is the smallest rectangle encompassing the border or background.
Measuring the area of a wall sign  |
 © Civic Webware |
C.
Measuring the area of a monument sign. The area of a monument sign is the area contained within the outer extent of the sign surface. The supporting structure or bracing is not included.
§ 510-133 Permit required.
[Amended 7-18-2016 by Ord. No. 2016-08]
A.
B.
If the new signage includes an electronic message display as may be allowed in this chapter, the property owner shall verify in writing that he/she understands all of the standards relating to the use of an electronic message display and that he/she agrees to cooperate with Village officials in verifying compliance with the lighting levels enumerated in § 510-131B.
§ 510-134 Signs not requiring a permit.
[Amended 6-15-2015 by Ord. No. 2015-02; 7-18-2016 by Ord. No. 2016-08]
A.
Signage for a property zoned for single-family is allowed without a permit as follows:
(1)
Maximum sign area: the area of all signs shall not exceed 14 square feet on a single-side sign or 28 feet on a double-sided sign.
(2)
Number permitted: no limitation except by total sign area.
(3)
Type: signage may be temporary or permanent.
(4)
Placement: signage may freestanding or affixed to the house, except no signage shall placed above the roof eaves or on a gable end.
(5)
Time limitation: none.
(6)
Type of illumination permitted: none except for indirect lighting.
(7)
Type of display permitted: static display.
(8)
Types of signage can include the following:
(a)
Signage for an authorized commercial use of the property (e.g., bed-and-breakfast).
(b)
Building marker signage (i.e., signage with the name of the building or date of construction or both).
(c)
Construction/maintenance signage (i.e., signage that identifies the architects, engineers, contractors and other individuals or firms involved with construction/maintenance taking plZoning Signage Regulations Single-family dwellings 510-134»«rtace on the premises).Garage sales Zoning 510-134Glass Zoning 510-134
(d)
Free speech signage, including political and religious messages.
(e)
Historic marker (i.e., signage marking a historic building, site, landmark, or similar designation by the federal government, the state of Wisconsin, Walworth County, a local government, or a nonprofit organization).
(f)
Open house real estate signage (i.e., signage that indicates that a particular residence that is for sale/lease is or will be open to the public for viewing).
(g)
Personal greeting and congratulatory sign (i.e., signage related to a homecoming of a person or group of people or a personal event or accomplishment).
(h)
Private property protection signage (i.e., signage containing wording indicating an intent to deny entry to the general public, such as "no trespassing" or "private property").
(i)
Property address.
(j)
Quasipublic event signage (i.e., signage announcing a noncommercial event or celebration in the community that is sponsored by a civic, educational, patriotic, religious, or nonprofit organization).
(k)
Yard sale signage (i.e., signage announcing a yard, rummage, or garage sale as may be authorized by this chapter).
B.
Window sign(s) for a commercial business not located in a residential zoning district is allowed without a permit as follows:
(1)
Zoning district: Commercial and industrial zoning districts.
(2)
Placement/type: no limitation.Signs Licenses and permits 510-134Signs Zoning 510-134
(3)
Time limitation: none.
(4)
Number permitted: no limitation.
(5)
Maximum sign area: 30% of glass area located on the ground floor level per road frontage.
(6)
Type of illumination permitted: none.
§ 510-135 Permitted nonresidential signs.
A.
Permitted signs. The signs listed in this subsection are allowed with a sign permit in the following zoning districts: NB Neighborhood Business, CB Central Business, CBT Central Business Transition, HB Highway Business, LI Light Industrial and GI General Industrial.
[Amended 6-20-2022 by Ord. No. 2022-07]
(1)
Wall signs. Wall signs shall comply with the following requirements:
(a)
Sign area. The maximum sign area shall not exceed one square foot for every linear foot of the building face on which the sign is mounted.
(b)
Placement. A wall sign shall only be installed on those walls that face a public street. A wall sign shall not project above the wall of the building on which it is placed.
(c)
Display. The sign shall be static.
(2)
Monument signs. Monument signs shall comply with the following requirements:
[Amended 7-18-2016 by Ord. No. 2016-08]
(a)
Sign height. If the location of a monument sign is below street grade, the height of the sign shall not exceed eight feet above street grade. If the location of a monument sign is at or above street grade, the height of the sign shall not exceed eight feet above the surrounding grade [Figure 510-135A(2)]. In both instances described above, the surrounding grade shall not be modified in any manner so as to increase the overall height of the sign.
Figure 510-135A(2). Measuring the height of a monument sign  |
(b)
Sign area. The maximum sign area is 60 square feet on one side or 120 square feet on all sides. No more than 60% of the sign area (per side) may be used for an electronic message display.
(c)
Location. The location of the sign shall comply with the minimum setback and yard requirements for the zoning district in which it is located, except that in the NB, HB, LI and GI Zoning Districts monument signs shall have a minimum setback of five feet from the public right-of-way.
(d)
Construction specifications. The base of a monument sign, including the footings, shall be covered with wood, brick, stone, metal (not less than 0.08 inch in thickness), or other material approved by the Plan Commission. The materials used for the sign base shall be compatible with the materials and the architecture of the buildings on the property. When metal is used as a sign base material, the sign structure shall be supported by a steel pole with a concrete foundation, with proper frost protection not less than four feet below grade.
(3)
Projecting signs. A projecting sign shall comply with each of the following requirements:
[Amended 7-18-2016 by Ord. No. 2016-08]
(a)
The sign shall complement the scale, proportion, and architectural style of the building on which it is to be attached.
(b)
The sign shall not extend more than four feet from the building on which it is attached.
(c)
The top of the sign shall not be higher than the building on which it is located.
(d)
When located above a walkway, the bottom edge of the sign shall be at least 10 feet above the surface of the walkway beneath the sign.
(e)
When located above a driveway or an alley, the bottom edge of the sign shall be at least 15 feet above the surface of such driveway or alley.
(f)
If a projecting sign extends over public property (i.e., above a public sidewalk), the property owner shall comply with § 510-129.1.
(g)
The display shall be static.
(4)
Marquee and canopy signs. Marquee and canopy signs affixed flat to the surface of a marquee or canopy are permitted in lieu of a wall sign, provided that the sign does not extend vertically or horizontally beyond the limits of such marquee, awning, or canopy. A marquee or canopy may extend up to 12 feet beyond the building to which it is affixed, but shall not extend into a required front yard, side yard or rear yard, nor shall it extend more than four feet into the right-of-way for properties located on the downtown square pursuant to § 510-129.1. For all other properties, it shall not extend closer than one foot to the vertical plane formed by the curb line in a shopping center. A name sign not exceeding two square feet in area located immediately in front of the entrance to an establishment may be suspended from a marquee or canopy provided that the name sign is at least eight feet above the sidewalk.
[Amended 7-18-2016 by Ord. No. 2016-08]
(5)
Park name signs. Park name signs shall be approved by the Village Board, after review and recommendation by the Plan Commission. Park name signs shall be monument signs not exceeding 48 square feet in area if single-sided or 48 square feet per side if double-sided and/or wall signs on park structures not exceeding the requirements of Subsection A(1) above.
B.
Number of signs. The number of signs allowed in nonresidential districts shall be as follows:
[Amended 7-18-2016 by Ord. No. 2016-08]
(1)
In the CB zoning district, a maximum of two on-building signs per business establishment shall be permitted. The owner may elect any combination of wall, canopy, or marquee signs provided the total does not exceed two. The maximum total area for all on-building signs shall be subject to Subsection A(1) and Subsection A(3) of this section. Monument signs [excluding directional signs permitted in Subsection B(6) are prohibited.
(2)
In all nonresidential zoning districts other than the CB district, the maximum total number of on-building signs and monument signs per establishment shall be two. Not more than one monument sign per lot shall be allowed, except as allowed under Subsection B(5). An owner may elect to have a second wall, canopy, or marquee sign in lieu of a monument sign or space on a shared monument sign, provided that there is not more than one wall and not more than one marquee or canopy sign per business, and the total area for all wall, canopy, and marquee signs does not exceed maximum allowable sign area under Subsection A(1) and Subsection A(3) of this section.
(4)
Separate individual wall, canopy, or marquee signs shall be allowed for each tenant in a multitenant building, subject to a signage plan approved by the Plan Commission. The maximum area of individual tenant wall signs shall be calculated using the width of that portion of the exterior wall enclosing the tenant space. In no case shall the maximum combined total area for all wall signs on a multitenant structure exceed the maximum allowable area for wall signs allowed under Subsection A(1) of this section.
(5)
Properties with more than one principal building and properties with multiple street frontages may be allowed an additional monument sign, subject to site plan approval by the Plan Commission.
(6)
Directional signs less than six square feet in area which contain no advertising, logo, or product display shall not be subject to limitations on numbers of signs, but shall require Zoning Administrator or Building Inspector approval. Directional signs shall include but shall not be limited to those that read "enter," "exit," "one-way," "shipping," and "receiving."
C.
Flags. Flags shall be allowed as permanent signs subject to the following: maximum three flags per property, maximum size 15 square feet, and minimum height on the downtown square shall be seven feet above the surrounding grade. In all other areas, flags shall be set back a minimum of 10 feet from the right-of-way. Additional flags may be allowed by the Plan Commission.
D.
Sandwich board signs. Sandwich board signs are permitted in all zoning districts that allow industrial and commercial businesses and institutional uses and do not count against the total number of permitted monument signs. Sandwich board signs are subject to the following conditions:[1]
(1)
Shall be limited to a maximum width of two feet, a maximum height of four feet (measured from the ground), a maximum of eight square feet per side, and maximum of two sides. Signs shall be of a weight and/or construction to withstand 20 pounds of wind loading and be maintained in a good condition.
(2)
Shall be constructed of durable, high-quality materials such as steel, wood, and simulated woods. Chalkboards and white boards are acceptable accents. Use of impermanent materials such as cardboard or corrugated plastic is prohibited.
(3)
Shall not be illuminated in any way, nor use metallic, fluorescent, or reflective finishes.
(4)
Shall not advertise off-premises goods, services, or businesses.
(5)
Shall be limited to a maximum of one per business establishment or one per ground-level customer entrance (whichever is more restrictive) and spaced at least 25 feet from any other sandwich board or private monument sign. No sandwich board sign may be placed farther than 10 feet from the building entrance or entrance to an outdoor customer area, nor in any parking areas associated with the business.
(6)
Shall not be placed in any location that interferes with vehicular, pedestrian, or handicap access and safety or that otherwise presents a fire or other public safety hazard. Sandwich board signs shall not obstruct or interfere with public safety or directional signs.
(7)
Shall be displayed only during hours of business operation. Business owners are responsible for securing signs in the event of hazardous weather.
(8)
Shall not be placed in required landscaped areas.
(9)
Except in the CB District, sandwich board signs shall not be permitted in public street rights-of-way or public street easements, to include streets, sidewalks, grass terraces or either private lawns or paved encroachments within said right-of-way or easements.
(10)
In the CB District, sandwich board signs may be allowed in a public sidewalk, subject to conditions in Subsection D(1) through (9) above and the following additional restrictions:
(a)
Sandwich board signs must be placed in such a way as to retain a minimum unobstructed sidewalk width of five feet for pedestrian use.
(b)
Sandwich board signs shall not project in any way onto or past a curb and into a public street, nor shall they obstruct in any way access to a marked public street crossing.
(c)
For each sign placed in the public right-of-way the business owner shall be required to submit evidence of liability insurance in a form approved by the Village Attorney in the amount of $1,000,000 and naming the Village as an additional insured party. The business owner will provide guarantees in the form acceptable to the Village Attorney that the Village will not be held liable for damage to any sign damaged while in the public right-of-way resulting from natural acts, routine municipal maintenance activities such as street cleaning and snow removal, and criminal acts by third parties.
(d)
Sandwich board signs in the public right-of-way that are erected in violation of the permit or permit requirements or posted without permit or otherwise deemed in violation of the Village Municipal Code requirements are subject to immediate removal by the Village.
E.
Supplemental signage. In addition to the signage allowed in this section, an owner is granted an additional 24 square feet of signage (48 square feet if double-sided) that can be used for wall signage or freestanding sign. Any signage used for noncommercial speech and for indicating the property is for sale, rent, or lease must comply with the maximum sign area limitations set forth in this section.
[Added 7-18-2016 by Ord. No. 2016-08]
§ 510-136 Permitted residential signs.
[Amended 7-18-2016 by Ord. No. 2016-08]
In addition to those permitted signs not requiring a permit pursuant to § 510-141, the following nonflashing, nonilluminated signs are permitted with a permit under the conditions specified in all residential and planned development (residential) districts established by this chapter:
A.
Permanent real estate development signs. A sign may be placed at the entrance to a residential complex, subdivision, or development provided the sign is at least five feet from a side or rear lot line. The Plan Commission may permit a permanent development sign within a street right-of-way or median after determining that the sign will not have an adverse impact on public safety. The maximum size shall not exceed 20 square feet if single-sided, or 20 square feet per side if double-sided. The applicant shall include a mechanism for maintenance of the sign as a part of the application (i.e., homeowners' association or adjacent land owner).
§ 510-137 Landscape features.
Landscape features such as plant materials, berms, boulders, fencing and similar design elements incorporated or in conjunction with monument signs are encouraged.
§ 510-138 Prohibited signs.
[Amended 7-18-2016 by Ord. No. 2016-08]
A.
Search lights. Search lights are prohibited.
B.
Inflatable signage. Inflatable signs are prohibited.
C.
Off-premises signs. Off-premises signs are prohibited, except official and Village-approved standardized institutional signs located in areas designated by the Village Board.
D.
Vehicle signage. Vehicles, including automobiles, trucks, trailers, semitrailers, campers, and buses that contain a sign for which the apparent purpose is to advertise a product or direct people to a business or an activity shall not be parked on a public right-of-way or on private property so as to be seen from a public right-of-way, except when the vehicle is used in the daily operation of a business for service calls, deliveries, and the like. A sign on a vehicle indicating it is for sale is not subject to the standards in this subsection.
E.
Roof signs. Roof signs are prohibited.
§ 510-139 Special provisions for balloons.
Balloons may be used with commercial and institutional land uses subject to the following standards:
§ 510-140 Construction and maintenance regulations.
A.
Installation. All signs shall be properly secured, supported, and braced, 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 Zoning Administrator and/or Building Inspector.
B.
General requirements.
(1)
Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of area and shall be constructed to receive dead loads as required in the Village of East Troy Building Code and other ordinances.[1]
(2)
Protection of the public. The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted, provided that the space occupied is roped off, fenced off, or otherwise isolated.
(3)
Maintenance. The owner of any sign shall keep it in good maintenance and repair, which includes restoring, repainting, or replacement of a worn or damaged legally existing sign to its original condition, and shall maintain the premises on which the sign is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.
(4)
Supporting members. Supporting members or braces of all signs shall be constructed of galvanized iron, properly treated steel, copper, brass, or other noncorrosive incombustible material. All projecting signs, if placed at a right or other angle to the wall or roof the building, shall be attached by such noncorrosive metal bolts, anchors, cable or other metal attachments as shall ensure permanent and safe construction and shall be maintained free from rust or other defects. Every means or device used for attaching any sign shall extend through the walls or roof of the building should the Zoning Administrator determine that the safe and permanent support of such sign so requires and shall be securely anchored by wall plates and nuts to the inside of the walls or to bearings on the underside of two or more roof or ceiling joists in accordance with instructions given by the Zoning Administrator. Small flat signs containing less than 10 feet of area may be attached to a building by the use of lag bolts or other means to the satisfaction of the Zoning Administrator.
(5)
Improper anchoring. No signs or any part thereof or sign anchors, braces, or guide rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe, and no such sign or any part of any such sign or any anchor, brace, or guide rod shall be erected, put up or maintained so as to hinder or prevent ingress or egress through such door, doorway, or window or so as to hinder or prevent the raising or placing of ladders against such building by the Fire Department of the Village of East Troy as necessity therefor may require.
§ 510-141 Zoning permit applications for signs.
A.
Application materials. Applications for a zoning permit for a sign shall include, in addition to the applicable information required in § 510-156, the following:
(1)
Name of person, firm, corporation, or association erecting the sign.
(2)
Written consent of the owner or lessee of the building, structure, or land to which or upon which the sign is to be affixed.
(3)
A scale drawing or sketch of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.
(4)
A scale drawing indicating the location and position of such sign in relation to nearby buildings or structures.
(5)
Copies of any other permit required and issued for said sign, including the written approval by 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 same comply with the Village of East Troy Electrical Code.[1]
B.
Application procedure. Sign permit applications shall be filed with the Zoning Administrator, who shall review the application for completeness and accuracy. Permit applications for new signs received by the Zoning Administrator no less than 20 calendar days prior to the next Plan Commission meeting will be forwarded to the Plan Commission for review and approval at its next scheduled meeting. To be placed on the agenda, the Zoning Administrator must find that the required application, plans and supporting information are complete and accurate. The application must contain all the information required by ordinance.
(1)
Approving agent.
(a)
For an existing premises where a new sign or replacement sign is proposed, the Zoning Administrator may review and approve the sign application and plans or forward the permit application and plans to the Building Inspector for review and approval. At the discretion of the Zoning Administrator or Building Inspector, the permit application and plans for new or replacement signs for an existing premises may be forwarded to the Plan Commission for review and approval. In all cases, the Building Inspector shall release the building permit for the sign based upon approval by any of the following: the Zoning Administrator, the Plan Commission or the Building Inspector, as described herein.
(b)
For new construction, where new signs are proposed, the permit application and plans shall be submitted to the Plan Commission for review and approval and forwarded to the Building Inspector for release of the permit.
(c)
Either the Zoning Administrator or Building Inspector may deny a permit for signs which do not meet the requirements established for signs. In cases where the application is denied and prior to submission to the Zoning Board of Appeals for a variance, the applicant may appeal the decision to the Plan Commission for review and approval.
(2)
Multi-tenant signs. Multi-tenant buildings or properties shall have an overall sign plan that establishes standards and guidelines for the design of all signs on the property. Plan Commission approval is required for overall sign plans prior to the issuance of any sign permits for such properties. The overall sign plan may only be amended with the approval of the Plan Commission. The overall sign plan shall convey a uniform design for the signs for any group of buildings. The plan shall describe sign design specifications, including a uniform color scheme that will be used for all current and future signs on the property. The plan shall include enforcement measures and information describing how the sign plan will be utilized by the tenants.
[Amended 6-15-2015 by Ord. No. 2015-02]
(3)
Criteria for sign review. For an existing premises where new signs or replacement signs are proposed, except in the CB District, the Zoning Administrator or Building Inspector may review and approve proposed signs based upon the following criteria:
(a)
The proposed sign conforms to the location, size, and style requirements of this article.
(b)
The proposed sign conforms to the Village's long-term plans for this area based upon the Comprehensive Plan.
(c)
The proposed sign is compatible with the principal building and is similar in design, colors and materials to the principal building.
(d)
The proposed sign will not be so different from or similar to other signs already constructed or under construction in the area or so out of harmony with the environs to cause a nuisance or have a potentially negative impact on property values.
(4)
For a new premises where new signs are proposed and all signs in the CB District, the Plan Commission shall approve the signs based upon the above criteria and may act to recommend approval, conditional approval, or denial of the application based upon the above factors.
(5)
The Plan Commission may establish additional guidelines to further define, clarify, and interpret this article. Such guidelines shall be made available to all applicants for sign permits.
C.
If any aspect of this article is in conflict with any other provisions of this chapter, the more restrictive provisions shall be controlling as may be determined by a clarification or interpretation by the Plan Commission and recommendation to the Village Board of Trustees for final action.
§ 510-142 Nonconforming signs.
[Amended 6-15-2015 by Ord. No. 2015-02; 10-17-2016 by Ord. No. 2016-13; 5-20-2019 by Ord. No. 2019-04]
A.
Generally. Signs lawfully existing at the time of the adoption or amendment of this article may be continued, although the size or location does not conform to this article. However, all nonconforming signs shall be deemed nonconforming uses or structures and the provisions of Article IX shall apply, except as provided in this section. All portable/temporary signs shall conform to this article within 60 calendar days of original adoption of this article. Any legal nonconforming sign hereafter relocated, moved, reconstructed, damaged, enlarged, changed (with the exception of changing the sign face), or modified shall be made to comply with the provisions of this article.
B.
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.
C.
Changing sign face. A nonconforming sign face may be changed with a sign permit, provided that the structural quality of the existing sign is determined to be acceptable by the Building Inspector.
D.
Change of copy. The copy of a nonconforming sign may be changed.
E.
Change in lighting. A nonconforming sign that is not illuminated may not hereafter be illuminated even though such lighting may be permitted in the zoning district in which the sign is located. A nonconforming sign that is illuminated may not hereafter be illuminated in any other manner even though such lighting may be permitted in the zoning district in which the sign is located, except to bring the existing lighting into compliance (e.g., removal of exposed light bulbs).
F.
Addition of an electronic message display. An electronic message display may be added to a nonconforming monument sign provided the area of the display conforms to all other applicable sections of this chapter.
G.
Reconstruction following damage. A nonconforming sign that is damaged by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, may be restored to its condition (e.g., size, location, and use) prior to the damage, except the sign may be larger when necessary to comply with state or federal requirements. [See § 62.23(7)(hc), Wis. Stats.]
H.
Loss of nonconforming status. If a property owner or the owner of the sign modifies a nonconforming sign in any manner that violates one or more limitations imposed in this chapter, such sign shall thereafter be made to conform with all applicable standards or be removed within 60 calendar days of the date the Building Inspector makes such determination in writing, or within a lesser time period specified by the Building Inspector if he or she determines the sign poses an unacceptable risk to public health or safety.
§ 510-142.1 Freestanding murals.
[Added 5-1-2017 by Ord. No. 2017-07]
A.
Upon written petition, the Zoning Administrator is authorized to approve one or more temporary freestanding murals, provided the murals are part of a community-wide promotional effort recognized by the Village Board and comply with the following requirements:
(1)
The freestanding mural must not be larger than 32 square feet;
(2)
There is no more than one freestanding mural on a premises;
(3)
The freestanding mural is securely anchored to the ground;
(4)
The freestanding mural is not located in a building setback area;
(5)
The freestanding mural is not illuminated except by ambient outdoor lighting; and
(6)
The mural must be removed from the premises within four months of the approval, or sooner as specified in the written approval.
B.
The approval authorizing the freestanding mural may include conditions of approval deemed necessary to ensure public health, safety, and welfare.
§ 510-143 Violations and penalties.
A.
Construction without a permit. Any person, firm, or corporation who or which begins, erects, or completes the erection or construction of any sign controlled by this article prior to the granting of a sign permit and wishes to keep the sign shall submit a sign application as required by this article. The application fee for an after-the-fact project may be double the regular amount established by the fee schedule adopted by the Village Board.
B.
Order to remove signs.
(1)
Unlawful signs. No sign shall advertise a business which is in violation of this chapter or for which no zoning, occupancy, and/or building permit has been issued. If the Zoning Administrator finds that any sign or other advertising structure regulated herein has been constructed or erected or is being maintained in violation to this article, the sign shall be removed.
(2)
Unsafe or hazardous signs. Any sign which is hereinafter found to be unsafe, insecure, or a menace to the public or by reason of its location creates a traffic hazard or is dangerous to persons and property as determined by the Zoning Administrator, Building Inspector, Village Police Department, or Village Administrator shall be removed.
[Amended 12-16-2019 by Ord. No. 2019-18]
(3)
Abandoned signs. Any sign which does not advertise a bona fide business or product sold, or which is dilapidated or out of repair, shall be removed within 90 days.
(4)
Maintenance. If the sign owner violates the maintenance requirements of this article, the sign shall be removed.
C.
Penalties. Any person who violates any provision of this article shall be subject to a penalty as follows:
(1)
Any person found guilty of violating any part of this article who has previously been notified of being in violation or been convicted of violating the same article within one year shall, upon conviction thereof, be subject to a forfeiture, in addition to sign removal, as prescribed by § 1-4 of the Village Code for each such offense, together with costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months.
(2)
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this article shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provisions of this article. Any cost incurred by the Village to enforce this article shall be charged back to the property and placed as a special charge against the property if unpaid.