Edgerton City Zoning Code
ARTICLE VI
Signage Regulations
§ 450-58 Purpose.
A.
The purpose of this article is to establish standards for the fabrication, erection, and use of signs and signage for all properties within the City of Edgerton. This article regulates the location, type, size, and height of signage in order to protect and promote the public welfare, health, and safety of persons within the community; to aid in the development and promotion of business and industry; and to ensure implementation of the Comprehensive Master Plan of the City of Edgerton within the City's zoning districts. The adoption of this article reflects the formal finding of fact on the part of the City of Edgerton Plan Commission and the Edgerton City Council that regulation of signage furthers four compelling governmental interests:
(1)
To promote the public welfare, health, and safety of all persons using the public thoroughfares and rights-of-way within the City of Edgerton as to the signage displayed thereon, or overhanging, or projecting into such public spaces;
(2)
To advance the aesthetic goals of the City throughout the community, and to ensure the effectiveness and flexibility in the design of, and the creativity of, the use of such devices without creating detriment to the general public;
(3)
To reduce the visual clutter caused by advertising signage which the City has determined is a significant cause of unsafe traffic and visibility conditions; and
(4)
To limit the spread of strip commercial development, of which signs are a primary contributor, so as to be respectful of the reasonable rights of other advertisers and business entities whose messages are also displayed in such areas.
B.
Furthermore, the City of Edgerton advocates that this article leaves ample and adequate alternative channels of commercial speech communication for the messages portrayed on such advertising signage, namely, print media, broadcast media, and point-of-purchase display, and is narrowly defined so as to limit any prohibitions on commercial speech on exterior signage.
§ 450-59 Sign permits.
A.
Permit required. Except as otherwise provided in Subsection B below, it shall be unlawful for any person to erect, construct, enlarge, alter, move, or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit for each sign from the City of Edgerton Building Inspector as required under this chapter. This section shall apply and be construed to require a permit for a change of copy on any sign or for any conversions or changes in the sign structure for which a permit has been previously issued. This section shall not apply for a repainting with the same sign copy, cleaning, repair, or other normal maintenance of the sign or sign structure. No new permit is required for signs which have permits on the effective date of this chapter unless and until the sign is altered or relocated in any way.
B.
Permitted signs. The following sign uses and purposes are permitted in all zoning districts without the need for a sign permit. Such signs shall not count as part of the maximum permitted sign area as regulated by § 450-62 or 450-63.
(1)
Address numerals and identification signs not exceeding four square feet in area.
(2)
Legal notices and other signs established, or ordered, by any governmental agency.
(3)
Memorial signs and tablets displayed in cemeteries.
(4)
On-premises directional signs which bear no advertising, if under four square feet, and if limited to business site or business name or logo.
(5)
Political signs and flags of government, religious, fraternal, or civic organizations.
(6)
Auxiliary signs per § 450-60A(2), if under four square feet.
C.
Community information signs shall be permitted only as a conditional use within all zoning districts and upon any property within the jurisdiction of this chapter of the City Code. As such, the review of a request for the erection of a community information sign shall comply with the requirements of § 450-16 of this chapter. The proposed size, configuration, and design of the sign shall be described as part of the conditional use requirements. As a conditional use, the City of Edgerton may revoke the designation of an approved community information sign if such sign fails to comply with the requirements of this chapter. Such action shall proceed per the requirements of § 450-59H. Upon revocation, the owner of said sign shall have 30 days to remove the sign at the owner's expense.
(1)
Such sign shall only display information regarding events and information of general interest to the residents of Edgerton. "Copy," which may be considered as advertising a product, private or restricted participation event, or activity for private profit shall be prohibited.
(2)
Such sign shall conform to the visibility requirements of § 450-61A(9).
D.
Permit requirements.
(2)
Any sign permit fee granted hereunder may not be assigned or transferred to any other sign or modified sign face or sign structure.
(3)
Only those permanent or temporary signs which have been granted a permit from the Building Inspector in accordance with the provisions of this section may be erected, installed, constructed or maintained.
(4)
Each freestanding sign shall require a separate sign permit, and each permit may only be issued to and held by the sign owner in accordance with the provisions of § 450-59E.
(5)
For all other signs (excluding freestanding signs) the owner or tenant may include all such signs at one premises under one permit if provisions of § 450-59E are complied with.
(6)
All signs which are located over a public right-of-way shall require the applicant to procure adequate public liability insurance in a company licensed to transact business in Wisconsin. Such policy shall further have an endorsement protecting the City of Edgerton or its interest as the result of any accident or injury for which the City might become liable.
E.
Application procedure. Each initial application for a sign permit shall be filed with the Building Inspector on forms to be provided by that office, prior to installation of a new sign or modification of an existing sign face or sign structure. Application shall include:
(1)
The name and address of the permit applicant.
(2)
A legible scaled drawing with description and dimensions of the sign(s) to be erected or maintained under that permit and the sign's proposed location on the building or site.
(3)
Written proof of consent from the property owner upon which the sign(s) are to be erected and maintained.
(4)
Proof of payment of the appropriate sign permit fee, when required.
(5)
Evidence of liability, insurance policy, or bond as required herein for signs located over a public right-of-way per § 450-59D, above.
(6)
Any other item of information that may be reasonably required by the Zoning Administrator or Plan Commission for the purpose of application evaluation.
F.
Granting and issuance.
(1)
All sign permit applications shall be reviewed by the Building Inspector and/or Zoning Administrator, who shall deny or grant such applications, within 10 business days of receipt of the complete application and payment of fee per Subsections A through E, above. Upon granting, the Building Inspector shall issue the sign permit.
(2)
No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
G.
Basis for granting. In reviewing a sign permit application, the City staff may consider the following factors in deciding whether or not to grant the issuance of a sign permit.
(1)
Whether the sign is compatible with the surroundings, pursuant to the objectives of proper design and zoning criteria.
(2)
Whether the sign is designed, installed, and maintained to meet the sign users needs while at the same time promoting the surrounding environment desired by the general public.
(3)
If the sign permit application is for a projecting sign in the Historic Central Business District, whether the sign is designed to be consistent with architectural design, theme, and character of the building to which it is affixed and/or the adjacent buildings within the district, with recommendations of the Historic Preservation Commission, when available.
(4)
Whether the sign is designed, constructed, installed, or maintained in such a manner that it does not endanger public safety or traffic safety.
(5)
Whether the sign is legible, readable, and visible in the circumstances in which it is to be used.
(6)
Whether the sign, including size, height, illumination and location, is respectful of reasonable rights of other advertisers whose messages are displayed in the area.
(7)
Whether the sign is in compliance with the provisions of this chapter.
H.
Revocation.
(1)
Any permit may be revoked or not renewed by the Building Inspector in the event that the applicant has failed to comply with the provisions of this chapter or any conditions that may have accompanied the permit at the time of granting.
(2)
Any sign permit issued by the Building Inspector shall be null and void and automatically revoked in the event that construction, installation, or manufacture of the sign has not been commenced within 180 days from the date of the issuance of such permit. If work authorized by such permit is suspended or abandoned for a period of 90 days any time after the work is commenced, the original permit shall become null and void. A new permit shall first be obtained to complete the work, and a new permit fee shall be required.
(3)
Upon any revocation or nonrenewal, the sign(s) subject to such revoked or nonrenewed permits, whether freestanding, overhanging, or projecting, shall be removed by the licensee or their agent within 90 days of such revocation or nonrenewal.
(4)
Revocation or nonrenewal shall not give cause to a right of total or partial reimbursement of license fees paid.
I.
Appeals. Any permit application reviewed by the City staff which is denied shall be subject to appeal to the Zoning Board of Appeals.
J.
Signs in historic and special districts. In addition to these sign regulations, all signs within any historic or special district shall be subject to the provisions of Chapter 246, Historic Preservation, of the City of Edgerton Code.
K.
Enforcement. Upon written notice to the sign owner, if known, or the owner of the property upon which the sign is located or affixed, the Building Inspector shall have the authority to order the repair or removal of any sign which is defective, which is an illegal nonconforming sign, or which has been erected, installed, constructed, or maintained in violation of this chapter so as to be dangerous to the public health and safety. In the event the person so notified should fail to comply with such an order within 30 days of the date of such notice, that person will be subject to the issuance of a citation under this subsection.
(1)
Penalty. Any person, firm, or corporation violating any provision of this article shall be subject to a penalty, upon conviction thereof, by forfeiture under § 450-25, together with the costs of prosecution. Each separate offense and each day a violation continues or occurs, shall constitute a separate offense.
(2)
Other remedies in law or equity. Nothing under this section shall prevent the City of Edgerton from exercising any other remedies, in law or equity, and the penalties outlined herein are cumulative and in addition to any other such remedies.
(3)
Removal of defective or dangerous signs by the City. The Building Inspector shall cause to be removed any sign that endangers the public safety or health and extends or projects into any public thoroughfare or right-of-way within the City, such as abandoned, dangerous, or materially defective signs or signs for which no permit has been issued. Said removal shall only be accomplished after at least a five-day written notice has been given stating the reasons for said emergency violation or removal. Said notice shall state that, if the sign is not removed or the violation is not corrected within said emergency five-day time period, that the sign shall be removed in accordance with the provisions of this section. All notices mailed by the Building Inspector shall be mailed to the owner of the property on which the sign is located, to the owner of the sign, and to the occupant of the property, if the identity and whereabouts of such persons can be determined. Otherwise, notice should be mailed to such persons at the last known address and posted on the sign or on the premises.
§ 450-60 Signage definitions and general signage standards.
The following definitions shall be used by this chapter to assist in the establishment of clear cut signage regulations. In general, "sign purposes" refers to where or how a sign is used. "Sign types" refers to the style of the sign, and "sign measurement" explains how the dimensions of a sign are determined.
Any object, device, display, structure, or part thereof, situated outdoors and in view of the general public, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, logos, symbols, fixtures, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, City, religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields. Building colors and outline lighting which do not convey a logo or message specific to the use (as determined by the Building Inspector and/or Zoning Administrator) are not considered signs. Definitions of particular functional, locational, and structural types of signs are listed in this section. (Traffic control and other public agency signs located within a right-of-way are not included within this definition and are not regulated by the provisions of this article.)
A.
Sign purposes.
(1)
Advertising sign (off-premises sign). A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is displayed. Off-premises advertising signs include billboards. [Refer to § 450-61A(10).] No new off-premises advertising signs shall be permitted within the City.
(2)
Auxiliary sign. A sign which provides special information such as price, hours of operation, or warning and which does not include brand names, or information regarding product lines or services. It may contain a business logo if the logo is under one square foot in area. Examples of such signs include "no trespassing" signs or signs which list prices of gasoline, up to one price listing sign per type of fuel. Refer to §§ 450-62B(2) and 450-63C(2).
(3)
Business sign (on-premises sign). A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, offered, or manufactured upon the premises where the sign is located. Refer to § 450-63.
(4)
Community information sign. A permanent sign approved with a conditional use permit per § 450-59C, which may have changeable copy and which is limited to the display of information of interest to the general community regarding scheduled public events and public activities.
(5)
Directional sign, off-premises. A sign which indicates only the name, direction, and/or distance of a governmental facility. Refer to § 450-61A(6). This definition does not pertain to off-premises advertising signs. Refer to § 450-60A(1).
(6)
Directional sign, on-premises. A sign which indicates only the name, logo (if under one square foot), and/or direction of a pedestrian or traffic facility, or a particular building within a complex of structures, on the property on which said facility or building is located.
(7)
Group sign. A sign displaying the collective name of a group of uses such as the title of a shopping center, office park, or industrial park and its tenants. No sales or price information shall be permitted. Portions of the sign containing names of individual tenants shall be considered as part of the area of a group sign. Group signs shall only be permitted within developments serving two or more nonresidential tenants and are permitted on any form of permitted business or identification signage.
(8)
Identification sign. A sign indicating the name and/or address of the project, property owner, tenant and/or manager of the property, address, and name and phone number of the property manger.
(9)
Temporary sign. A sign or advertising display (including festoons, pennants, banners, pinwheels and similar devices) intended to be displayed for a certain period of time (as permitted by § 450-64). If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be considered as temporary. A mobile or portable sign shall not be considered a temporary sign or used for such a purpose. Refer to § 450-64.
B.
Sign types.
(1)
Awning sign. A type of on-building sign [see Subsection B(7) below] consisting of a fabric or fabric-like sheathing material.
(2)
Freestanding sign. A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This type of sign includes monument signs and pylon signs. [Refer to Subsection B(5) and (8).] The base and support(s) of any and all freestanding signs shall be concealed and shall comply with the State Building Code. The height of a freestanding sign shall be measured per § 450-60C, below.
(3)
Marquee sign. A type of projecting, on-building sign [see Subsection B(7)] sheltering the entrance and/or entrance approaches of a theater, auditorium, fairground, museum or other use, which advertises present and scheduled events.
(4)
Mobile sign. A sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage. Refer to § 450-61C(2).
(5)
Monument sign. A type of freestanding sign [see Subsection B(2)] whose bottom edge is located within one foot of a ground-mounted pedestal and whose top edge is located no more than eight feet high. Refer to § 450-61A(9) and B(1).
(6)
Painted on-wall sign. A type of on-building sign painted on an exterior side of a building wall or other vertical building surface. Refer to § 450-61A(13).
(7)
Projecting sign. A type of on-building sign, other than a wall sign, which is attached to and projects more than one foot, generally perpendicular from a structure or building face. Refer to § 450-61C(3).
(8)
Pylon sign. A type of freestanding sign [see Subsection B(2)] whose bottom edge is located more than one foot above a ground-mounted pedestal or whose top edge is located more than eight feet high (see "monument sign").
(9)
Wall sign. A type of on-building sign mounted on an exterior side of a building wall parallel to a building facade. Refer to § 450-61C(4).
(10)
Window sign. A type of on-building sign which is affixed to the window surface. Window signs may be painted directly on glass or may be temporary paper signs. Refer to § 450-61A(11).
(11)
Personal greeting and congratulatory sign. A temporary sign which is limited to 32 square feet, and which is limited to a noncommercial, personal greeting or message used to announce, congratulate, or greet members of a family or work staff.
(12)
Canopy sign. A canopy sign is a sign located on a canopy or other freestanding accessory structure such as a gas station canopy. A canopy sign is considered either a freestanding or on-building sign and counts as one of those sign types in determining sign quantities and area.
(13)
Daily notice signs. Daily notice signs include freestanding sandwich board signs and on-building menu board signs. Refer to § 450-61A(14).
C.
Sign measurement.
(1)
Sign height and ground level. The average elevation of the ground upon which the sign supports are placed, except when the sign supports rest upon a berm or other area elevated above the surrounding ground. In such cases, the average elevation of the base of such berm or other area shall be considered as the ground level. The illustration below demonstrates how sign height is measured.
(2)
Sign area shall be measured in the following manner:
(a)
In the case of a sign placed within a frame, a marquee sign, or other structure, sign area consists of the entire surface area of the sign on which copy could be placed. The supporting structure or bracing of a sign, including the supports of monument signs not used for copy, shall not be counted as a part of the sign face area unless such structure or bracing is made a part of the sign's message. Where a freestanding on-premises sign (monument or pylon) has two or more display faces, the total area of all of the display faces shall be considered the sign face area.
(b)
In the case of a sign whose message is fabricated together with the background which borders or frames that message, sign face area shall be the total area of the entire background.
(c)
In the case of a sign whose message is applied to a background which provides no border or frame (such as individual letters to a building face or awning), sign face area shall be the combined areas of the smallest rectangles which can encompass each word, letter, figure, emblem, and other element of the sign message per a scaled, fully dimensioned drawing approved by the Building Inspector. Where such drawing is not provided, said area shall be the smallest area enclosed in a single rectangle.
(d)
Signs less than one square foot in area are not regulated by this section.
(e)
The illustration below demonstrates how sign face area is measured.
[Amended by Ord. No. 15-06]
 |
§ 450-61 General signage regulations.
The regulations contained in this section apply to signs in all districts.
A.
Sign prohibitions and limitations.
(1)
No sign shall use any word, phrase, symbol, shape, form, or character in such manner as to interfere with moving traffic, including signs which incorporate typical street type and/or traffic control type signage designs and colors.
(2)
Except for sequin-like eyecatcher devices and temporary signs, no fluttering, undulating, swinging, rotating, or otherwise moving signs or other decorations shall be permitted.
(3)
No illuminated flashing signs or chasing lights shall be permitted. Flashing signs are those that change their appearance more than once every 15 seconds. Electronic message center (EMC) including video screen signs are permitted in all nonresidential districts except as follows: EMCs are allowed in the B-1 Local Business District, the B-2 Central Business District, and in any residential district for indoor institutional land uses with a conditional use permit. The following conditions apply to all EMCs: the sign does not change its appearance more than once every 15 or more seconds; the sign contains no chasing lights; the sign message does not advertise an off-premises business; when located in a residential zoning district or visible from a residential unit, the EMC shall not be illuminated between 10:00 p.m. and 5:00 a.m.; the EMC utilizes an auto-dimming feature to adjust the brightness of the display based on ambient outside light; the EMC is equipped with a manual and scheduled brightness control so that the brightness of the sign does not negatively impact adjoining properties; and the sign is not incandescent bulbs or rotating louvers. Electronic message center and video signs shall be considered part of the total sign area allowed (except in the case of a community information sign).
[Amended 9-7-2021 by Ord. No. 21-09; 9-18-2023 by Ord. No. 23-22]
(4)
No illuminated sign shall be permitted unless the illumination of the sign is so designed that the lighting element (except neon signs) is not visible from any property within a residential zoning district. All illuminated signs shall comply with the State Electrical Code.
(5)
No mobile signs shall be permitted.
(6)
Off-premises directional signs shall be permitted only for governmental uses.
(7)
No inflatable signs shall be permitted, except as temporary signs.
(8)
No advertising vehicle signs shall be permitted, except as temporary signs. Refer to § 450-61C(5).
(9)
No sign shall be placed so as to obstruct or interfere with traffic visibility.
(10)
No off-premises advertising signs shall be permitted within the City except as provided below:
(a)
The adoption of this subsection reflects a formal finding of fact on the part of the Plan Commission and City Council that the prohibition of advertising signage furthers the general public interest of reducing visual clutter caused by advertising signage which the City has determined is a significant cause of unsafe traffic conditions. Furthermore, the City advocates that this regulation leaves ample and adequate alternative channels of commercial speech communication for the messages portrayable on such advertising signs (namely distributed print media, broadcast media, and point-of-purchase display) and is narrowly defined so as to limit said prohibition to commercial speech on exterior signage. For temporary signs announcing an event of communitywide interest, such as a festival, one sign, not over four square feet (eight square feet if two-sided), may be located on private property not necessarily on the site of the event. Such sign shall be erected so as to not obstruct or interfere with visibility, and the sign shall be erected no more than 14 days before the event and shall be removed immediately after the event. Such sign shall be regulated and permitted as a temporary sign in accordance with § 450-64.
(11)
Window obstruction by interior signs shall not exceed more than 25% for any one window, nor more than 10% of all combined window areas on the same facade of the structure. Area devoted to signage within windows shall not count toward the sign area maximum permitted for the use.
(12)
No new projecting signs shall be permitted, except within the Historic Central Business District per the review of the Historic Preservation Commission. Projecting signs located within the Historic Central Business District as of the effective date of this section which do not comply with §§ 450-61C(3), 450-61B(8), and 450-59D(6) shall be permitted to continue as legal, nonconforming structures. Projecting signs located within the Historic Central Business District as of the effective date of this section which comply with §§ 450-61C(3), 450-61B(8), and 450-59D(6) shall be permitted to continue as legal, conforming structures.
(13)
No new painted on-wall signs shall be permitted. Painted on-wall signs, characterized as historically significant structures by the Historic Preservation Commission and located in and around the Historic Central Business District, which have been made nonconforming by this section, shall be permitted to continue as legal, nonconforming structures. These legal nonconforming painted on-wall signs include the following list:
(a)
Tom Dickenson Warehouse at 1 West Fulton Street; sign on south end of the building: "Pomeroy Dealers in Leaf Tobacco."
(b)
Viroqua Leaf Tobacco Co. at 401 West Fulton Street; sign on west end of warehouse No. 35: "Mail Pouch Tobacco."
(c)
Viroqua Leaf Tobacco Co. at 401 West Fulton Street; sign on west end of warehouse No. 53: "Chew Mail Pouch Tobacco, Treat yourself to the best"
(d)
Viroqua Leaf Tobacco Co. at 401 West Fulton Street; sign on the full length of the back wall of warehouse No. 36 along the railroad tracks.
(e)
Viroqua Leaf Tobacco Co. White Elephant, South Main: "Block Bros. Tobacco"
(f)
Wikum Bakery at 210 West Fulton Street; sign on side of the building facing Swift Street: "Wikum Bakery."
(14)
Daily notice signs.
(a)
Daily notice signs. Daily notice signs include freestanding sandwich board signs and on-building menu board signs. The daily notice sign shall advertise only goods and services offered by the business whose frontage the sign occupies. A sandwich board sign and on-the-building menu board sign cannot be placed at the same customer entrance or building frontage.
[1]
Daily notice signs do not count as a business sign for the purpose of regulating the number of business signs or the area of business signs allowed on the property.
[2]
Rules for sandwich board signs:
[a]
Location requirements for sandwich board signs. One sandwich board sign per parcel is allowed in the B-2 Central Business District and for buildings fronting on Burdick Street. Sandwich board signs are not allowed in other zoning districts.
[b]
Placement requirements for sandwich board signs. Sandwich board signs are not allowed in alleys. One sandwich board may be placed in the paver band between the building having a customer entrance and the curb, provided, that:
[i]
There is not adequate space available on the site (not in the right-of-way) to place the sign in a manner that is visible to the public.
[ii]
The sign is placed directly in front of the business to which it is related. If multiple businesses share a building, only one sandwich sign is allowed per building.
[iii]
A minimum of five feet in width of unobstructed travel way remains available on the sidewalk at all times.
[iv]
Sandwich board signs shall be placed a minimum of one foot (12 inches) from any of the following: doorway, loading zone, crosswalk, curb cut, bike rack, bench or any other public facility or fixture for vehicles or pedestrians.
[v]
Sandwich board signs shall not obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign. Sandwich board signs shall not be placed in vision triangles. Sandwich board signs shall not obstruct access to vehicles parked on the street. Whether such a prohibited obstruction is created by the sandwich board sign shall be the determination of the City.
[vi]
Sandwich board signs shall be kept inside the building when the business is closed.
[vii]
Sandwich board signs shall not be anchored or tethered to street furniture, including but not limited to light poles, trees, tree guards, bollards, benches, sign posts, garbage cans, fire hydrants, and bike racks.
[c]
Configuration requirements for sandwich board signs:
[i]
No portion of a sandwich board sign shall be more than four feet high or more than 30 inches wide, including any part of its frame or supporting structure, and shall be no more than two-sided.
[ii]
Anything attached to a sandwich board sign shall not project beyond the perimeter of the sign face, unless the projection is within the height and width limitation described above, nor project in excess of one inch from the sign face.
[iii]
Windblown devices such as balloons, banners, etc. shall not be attached to or made part of the sign.
[e]
Illumination requirements for sandwich board signs. Sandwich boards may not be illuminated by any means other than an ambient light source, such as the sun or a streetlight.
[f]
Fee. An annual permit fee as set by the City Council in the current Fee Schedule, on file in City Hall, is required for a sandwich board sign.
[Amended 7-17-2023 by Ord. No. 23-10]
[g]
The sandwich board sign owner shall sign a hold harmless agreement with the City indemnifying the City against liability in connection with the sandwich board sign.
[3]
Rules for menu board signs:
[a]
Location requirements for menu board signs:
[b]
Configuration requirements for menu board signs:
[i]
Menu board sign surface area and its surrounding frame and structure shall not exceed four square feet.
[ii]
Menu board signs shall not extend more than three inches from the wall on which it is mounted.
[iii]
Moving signs such as traveling message boards, electronic message boards and video screens are prohibited.
[iv]
Anything attached to a menu board sign shall not project outside the perimeter of the sign face nor project in excess of one inch from the sign face.
[c]
Material requirements for menu board signs. Menu board signs shall be neat in appearance and constructed of finished all-weather materials, and shall be maintained at all times.
[d]
Illumination requirements for menu board signs. Menu board signs may not be illuminated by any means other than an ambient light source, such as the sun or a streetlight.
B.
Sign location requirements.
(1)
No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic control sign, signal or device. Freestanding signs may not be located within vision triangles nor otherwise impede traffic or pedestrian visibility. Freestanding sign setbacks from right-of-way lines vary by zoning district (refer to §§ 450-62 and 450-63).
(2)
No sign shall be located within a required bufferyard or within a permanently protected green space area.
(3)
No sign shall be mounted on a roof. No sign shall extend above the roofline, except with a conditional use permit.
(4)
No sign, temporary or otherwise, shall be affixed to a tree or utility pole unless otherwise authorized by the Director of Public Works.
(5)
Private signs shall not be allowed within road right-of-way lines except per Subsections A(14) and B(6) and for temporary signs announcing an event of communitywide interest such as a festival at the following locations: 1) at the intersection of Hwy 59 and Newville Street and 2) at the intersection of Hwy 59 and Menhall Drive. Signs for an event of communitywide interest requires a temporary sign permit in accordance with § 450-64, cannot be over 32 square feet in area, cannot be erected more than 30 days before the event, and must be removed within 48 hours after the event.
(6)
Projecting signs shall be a minimum of 10 feet over the elevation of a pedestrianway.
(7)
Freestanding signs shall be located a minimum of 12 feet from property lines (other than right-of-way lines) or equivalent to their maximum height, whichever is greater, except that on-premises directional signs less than 36 inches tall shall be located a minimum of one foot from a property line.
(8)
Awnings shall be located a minimum of 7.5 feet for the fabric, and eight feet for the frame, over pedestrianways.
(9)
No person shall erect, construct, or maintain any sign upon any property or building without the express consent of the owner or person entitled to possession of the property or building or their authorized representative.
C.
Sign configuration requirements.
(1)
Freestanding sign configuration. A freestanding sign shall not be erected so that it impedes visibility for safe pedestrian and/or vehicular circulation. The footing and related supporting structure of a freestanding sign, including bolts, flanges, brackets, etc., shall be concealed by the sign exterior, masonry covering, earth and permanent ground cover, or through the use of evergreen shrubs. Refer to § 450-60B(2).
(2)
Mobile sign configuration. Existing mobile signs which have exposed electrical cords or wiring, and do not have GFI protection, or do not meet building code[1] regulations are not in compliance with basic safety standards and must be removed upon the effective date of this section. Refer to § 450-60B(4).
(3)
Projecting sign configuration other than signs on awnings. The bottom edge of a projecting sign shall be located a minimum of 10 feet from the ground level directly under the sign. Such sign shall be mounted directly to a building. In no instance shall such sign be projecting more than four feet into and over a public right-of-way or private street, drive, or parking area and must be at least two feet behind the face of the curb. Refer to § 450-61B(6).
(4)
Wall sign configuration. A wall sign shall not extend beyond the edge of any wall or other surface to which it is mounted, nor shall it project more than 12 inches from its surface. The height of a wall sign shall be measured from the base of the building below the sign to the top of the sign face. The top of the sign shall be no higher than the nearest portion of the building to which it is mounted. Signs painted directly on an exterior wall or other portion of a building are not permitted, other than windows, per § 450-61A(11). Refer to § 450-60B(9).
(5)
Advertising vehicle sign configuration. No persons shall park any vehicle or trailer on a public right-of-way or on private properties so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises. Licensed business vehicles containing typical business signage and which are actively used on a daily basis for business purposes are exempt from this prohibition. Refer to § 450-61A(8).
[Amended by Ord. No. 15-01; Ord. No. 15-06; Ord. No. 16-06; Ord. No. 17-05]
§ 450-62 Sign regulations applicable to residential zoning districts.
A.
Rules for all signs.
(2)
Signage on a lot shall be limited to the combined total of all signs listed under Subsection B, below, or as otherwise modified by conditional use, planned development, deed restriction or other site specific regulation, restriction or requirement. The owner of a property containing more than one tenant shall allocate signs to the tenants, up to the allowed maximum for the entire property. This provision will allow the property owner to allocate all of the allowed signage to one tenant and none to another tenant if they saw fit to do so.
B.
Rules for particular sign purposes.
(1)
Identification sign.
[Amended 5-4-2020 by Ord. No. 20-01]
(b)
For multifamily dwelling of five or more units or institutional uses. (Note: Institutional uses that do not meet the regulations above may apply for a conditional use in accordance with § 450-62B(1)(c) and § 450-16.)
(c)
For group developments, institutional uses (not in compliance with § 450-62B), or subdivisions:
[1]
Permitted sign type: wall sign, canopy sign or monument sign.
[2]
Maximum permitted number per development: per plat or conditional use for group development and institutional uses.
[3]
Maximum permitted area per sign: 32 square feet.
[4]
Maximum combined permitted area of all signs: per plat or conditional use for group development and institutional uses.
[5]
Minimum permitted sign setback: building setback line.
(3)
On-premises directional sign (for multifamily, group development or institutional use):
(a)
Permitted sign type: wall sign or monument sign.
(b)
Maximum permitted number per lot: one sign for each vehicular entrance, one sign for each vehicular exit, one sign for regulations listing parking lot rules. Institutional uses may use any additional number of signs as needed.
(c)
Maximum permitted area per sign: nine square feet.
(5)
On-premises business sign (for legal, nonconforming business only): shall comply with provisions of § 450-63 for B-1 District.
(6)
Off-premises directional sign (for governmental facility only):
§ 450-63 Sign regulations applicable to nonresidential zoning districts.
A.
Rules for all signs.
(2)
Signage on a lot shall be limited to the combined total of all signs listed under Subsection C, below, or as otherwise modified by conditional use, planned development, deed restriction or other site-specific regulation, restriction or requirement. The owner of a property containing more than one tenant shall allocate signs to the tenants, up to the allowed maximum for the entire property. This provision will allow the property owner to allocate all of the allowed signage to one tenant and none to another tenant if they saw fit to do so.
B.
Rules for particular sign purposes (all residential and institutional land uses) shall comply with provisions of § 450-62.
C.
Rules for particular sign purposes (all office, commercial and industrial land uses).
(1)
Business signs.
(a)
For A-1, A-2, B-4, HMU, O-1 and M-1 Zoning Districts:
[1]
Permitted sign type: on-building (wall or awning) sign:.
[a]
Maximum permitted number per lot: two on-building signs per each business; signs cannot be placed on a wall directly adjacent to a residentially zoned property.
[b]
Maximum permitted area per sign: one square foot of signage for every linear foot of exposed exterior wall length on that supporting wall for all signs on that supporting wall.
[2]
Permitted sign type: freestanding (monument or pylon) sign.
[a]
Maximum permitted number per lot: one freestanding sign per lot, for any lot containing more than four public parking spaces.
[b]
Maximum permitted area per sign: one square foot of signage for every linear foot of public street, up to a maximum sign area of 150 square feet for all combined sign faces (sign area for corner lots may be based on the length of either one of the street frontages).
[c]
Maximum permitted sign height: 10 feet.
[d]
Minimum permitted sign setback from the right-of-way: 12 feet.
(b)
For B-1 Zoning District:
[1]
Permitted sign type: on-building (wall or awning) sign.
[a]
Maximum permitted number per lot: two on-building signs per each business; signs cannot be placed on a wall directly adjacent to a residentially zoned property.
[b]
Maximum permitted area per sign: one square foot of signage for every linear foot of exposed exterior wall length on that supporting wall for all signs on that supporting wall.
[2]
Permitted sign type: freestanding (monument or pylon) sign.
[a]
Maximum permitted number per lot: one freestanding sign per lot, for any lot containing more than four public parking spaces.
[b]
Maximum permitted area per sign: one square foot of signage for every linear foot of public street frontage on any chosen public street selected for the lot, up to a maximum sign area of 150 square feet for all combined sign faces (sign area for corner lots may be based on the length of either one of the street frontages).
[c]
Maximum permitted sign height: 15 feet.
[d]
Minimum permitted sign setback from the right-of-way: five feet.
(c)
For B-2 Zoning District.
[1]
Permitted sign type: on-building (wall, awning, or projecting in Historic Central Business District) sign.
[a]
Maximum permitted number per lot: two on-building signs for each business; signs cannot be placed on a wall directly abutting residentially zoned property. If a building has a public entrance that is not on a public street, one additional on-building sign is allowed.
[b]
Maximum permitted area per sign: two square feet of signage for every linear foot of exposed exterior wall length on that supporting wall, up to a maximum sign area of 50 square feet for all combined sign faces on all walls (sign area on corner lots may be based on the length of either one of the street frontages). If a building has a public entrance not located on a public street, 10 additional square feet of sign area is allowed for that entrance only.
[2]
Permitted sign type: freestanding (monument or pylon) sign.
[a]
Maximum permitted number per lot: one freestanding sign per on-site parking lot containing more than four public parking spaces.
[b]
Maximum permitted area per sign: one square foot of signage for every linear foot of public street, up to a maximum sign area of 100 square feet for all combined sign faces (sign area for corner lots may be based on the length of either one of the street frontages).
[c]
Maximum permitted sign height: 15 feet.
[d]
Minimum permitted sign setback: five feet from the right-of-way line.
(d)
For B-3, M-2 and M-3 Zoning Districts:
[1]
Permitted sign type: on-building (wall or awning) sign.
[a]
Maximum permitted number per lot: two on-building signs for each business; signs cannot be placed on a wall directly abutting residentially zoned property.
[b]
Maximum permitted area per sign: 1 1/2 square feet of signage for every linear foot of exposed exterior wall length on that supporting wall for all signs on that supporting wall.
[2]
Permitted sign type: freestanding (monument or pylon) sign.
[a]
Maximum permitted number per lot: one freestanding sign per lot, for any lot containing more than four public parking spaces.
[b]
Maximum permitted area per sign: 1 1/2 square feet of signage for every foot of public street frontage on any chosen public street, up to a maximum sign area of 400 square feet for all combined sign faces (sign area for corner lots may be based on the length of either one of the street frontages).
[c]
Maximum permitted sign height and minimum permitted sign setback: a fifteen-foot-tall sign can have a zero-foot setback from the right-of-way, or if greater than 15 feet tall and less than or equal to 25 feet tall, the sign must have a ten-foot setback from the right-of-way.
(2)
Auxiliary sign (such as required gas price signs or "no trespassing" sign):
(a)
Permitted sign type: wall sign and freestanding sign.
(b)
Maximum permitted number per lot: per approved site plan.
(c)
Maximum permitted area per sign: combined area of all auxiliary wall signs shall not exceed an area equivalent to 50% of the permitted freestanding or on-building sign area, whichever is greater. The area of auxiliary freestanding signs shall be considered as a part of the total area allowed for business signs.
(5)
Off-premises directional sign (for governmental facility only):
§ 450-64 Temporary signs.
A.
For all temporary signs, the owner or tenant must contact the Zoning Administrator and provide the name and address of the applicant, and the description and location of the sign to be erected prior to actual installation for review and approval by the Zoning Administrator. The Zoning Administrator or the applicant may request the Plan Commission determine if an application for a temporary sign permit shall be approved or denied. A permit fee for a temporary sign shall be as set by the City Council in the current Fee Schedule, on file in City Hall.
[Amended 7-17-2023 by Ord. No. 23-10]
B.
Any one lot is permitted to display a temporary sign for a maximum of 30 days within any twelve-month period. Furthermore, any one lot is limited to a maximum of two temporary signs in any twelve-month period (political signs are exempt from this restriction). A portable sign is not a temporary sign. The following signs are exempt from regulation and do not require a permit:
(1)
For each lot: one "for sale," "for rent," or "garage sale" sign, not more than 12 square feet in area.
(2)
For construction on or development of a lot, one sign not more than 32 square feet in area, indicating the name of the contractors, engineers or architect, or products being used in the construction of a building but only during the time that construction or development is actively underway.
(3)
For a temporary event of public interest, such as a neighborhood garage sale or church fair, one sign, not over 32 square feet in area, located upon the site of the event. Such sign shall not be erected more than 30 days before the event and shall be removed immediately after the event.
(4)
Temporary political signs are permitted without restriction so long as they do not locate on public property including rights-of-way, do not impair vision, or do not otherwise create a public nuisance. Political message signs may be place upon private property anytime during an election campaign period, as described in § 12.04(1)(a), Wis. Stats., and must be removed immediately after the election.
[Amended 5-4-2020 by Ord. No. 20-01]
(5)
For each real estate subdivision that has been approved in accordance with Chapter 442, Land Divisions, of the City Code, two temporary development project identification signs are permitted to be located on some portion of the subject subdivision. Each such sign shall be not more than 32 square feet in area. These signs shall comply with the visibility standards of § 450-61A(9). These signs shall be permitted to remain within the subject subdivision until a time at which building permits have been issued for 80% or more of the lots in the subdivision.
(6)
One personal greeting/congratulatory sign per premises shall be permitted for up to seven days, which sign is limited to eight feet in height and 32 square feet in dimension and which is not intended for commercial purposes.
(7)
Temporary window signs shall not require a sign permit, however, the total combined area of all temporary and permanent window signs shall not exceed the maximum permitted sign area for windows per § 450-61A(11).
§ 450-65 Appearance, construction, and maintenance of signage.
A.
All signage within the jurisdiction of this chapter shall remain in a state of proper maintenance. Refer to § 450-65B, below.
B.
Proper maintenance shall be the absence of loose materials (including peeling paint, paper or other material), the lack of excessive rust, the lack of excessive vibration or shaking, and the presence of the original structural integrity of the sign, its frame and other supports, its mounting, and all components thereof.
C.
The repainting, changing of parts, and preventive maintenance of signs which completely conform to the requirements of this chapter, and result in absolutely no change in the appearance of the sign from that originally approved, shall not be deemed alterations requiring a sign permit.
D.
The owner, lessee, or manager of a sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
E.
Any signs which may be, or may hereafter become, rotted, unsafe, or in a state which is not properly maintained shall be repaired or removed by the licensee or owner of the sign or owner of the property upon which the sign stands upon notice of the Building Inspector.
H.
The base of signs shall be landscaped so as to conceal footings, mountings, brackets, and related structural elements.
I.
All signs shall in no instance create a traffic visibility or other safety hazard.
§ 450-66 Nonconforming signs.
A.
Nonconforming signs.
(1)
Signs existing as of the effective date of this chapter which do not conform to the provisions of this chapter shall be nonconforming signs and shall be subject to the provisions of § 450-66B. Nonconforming signs may be maintained. Except as provided in § 450-66B, no nonconforming sign shall be altered or moved to a new location without being brought into compliance with the requirements of this chapter. Refer to § 450-66B(1), below.
(2)
Business signs on the premises of a nonconforming use or building may be continued per § 450-66B, but new signs for such uses shall not be allowed, nor shall expand in number, area, height, or illumination. New signs, not to exceed the maximum allowable aggregate sign area, may be erected only upon the complete removal of all other signs existing at the time of adoption of this chapter.
(3)
Signage not in compliance with the provisions of this section shall be subject to the provisions of § 450-66B.
(4)
No new sign permit is required whenever there is a change in the sign user (excluding off-premises signs), owner, or owner of the property on which the sign is located, unless there is modification of the sign face or sign structure.
B.
Removal of nonconforming signs.
(1)
Alteration of signs.
(a)
For the purpose of this chapter, "alteration of a sign" is considered to be any change to the exterior appearance of any part of the sign, its frame, its supporting structure, or its lighting, including changing the message (except for marquee or off-premises advertising signs), symbols, color, material, height, location, or any other alterations as determined by the Zoning Administrator.
(b)
Altering a sign does not include maintaining the existing appearance of the sign; replacing the sign face or the supporting structure with identical materials, colors, and messages; changing the message of a marquee sign; or changing the face of an off-premises advertising sign.
(c)
A nonconforming sign may be altered as defined above under the following conditions: the alteration creates a more conforming sign than the existing sign and the cost of the alteration is less than the replacement value of the existing sign.
(2)
All on-premises signs found not to be in compliance with the provisions of this chapter shall be removed within 30 days of receiving written notice of noncompliance and removal from the Zoning Administrator.