The purpose of this article is to create a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide easy and pleasant communication between people and their environment, and avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this article to:

(a)

Provide functional flexibility, encourage variety, and create an incentive to relate signing to basic principles of good design;

(b)

Allow signage to be expressive of the identity of individual activities and the community as a whole;

(c)

Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, and other public structures and spaces, are protected by exercising reasonable controls over the character and design of sign structures; and

(d)

Authorize the use of street graphics that are legible in the circumstances in which they are seen.

(Ord. No. 10-147, § 7.0(1), 7-27-2010)

(a)

The zoning administrator shall be the administrator of this article. The zoning administrator or its designee shall have the responsibility and authority to administer and enforce all provisions of this article, other than those provisions with powers specifically reserved to the village board or the plan commission.

(b)

Enforcement. The zoning administrator shall issue permits as required by this article. The zoning administrator or its designee shall also ensure signs and street graphics comply with this article and any other applicable law. The zoning administrator shall also enforce the requirement that all signs properly comply with this article by procuring a permit. The zoning administrator shall make such inspections as may be necessary and shall initiate appropriate action to enforce compliance with this article and other applicable laws.

(c)

Zoning administrator powers. The zoning administrator shall have the power and authority to administer and enforce this article. Included among such powers are the following specific powers:

(1)

Every sign for which a permit is required shall be subject to design approval by the zoning administrator and may be inspected by its designee, including verification of the use of the parcel, and thus the standards that apply to signage. When deemed advisable, a sign may be inspected at the point of manufacture.

(2)

Upon presentation of proper identification to the sign owner or owner's agent, the zoning administrator or his designee may enter the sign area for the purposes of inspecting the sign, sign structure, and any fasteners securing the sign to a building or support for compliance with this article. In cases of emergency, where imminent hazards to persons or property are known to exist, and where the sign owner, or owner's agent, is not readily available, the zoning administrator or his designee may enter the sign area for purposes of inspection or remediation.

(3)

Upon issuance of a stop work order from the zoning administrator or his designee, work on any sign that is being conducted in any manner contrary to this article shall be immediately stopped. This notice and order shall be in writing and shall be given to the owner of the parcel, to the sign owner, or to the person performing the work.

(4)

The plan commission has the authority to revoke any permit authorized by this article if the sign violates this article or another law, provided that the plan commission shall offer the sign owner an opportunity to be heard. The person whose permit is under consideration shall be given at least 14 days written notice of the time, place, and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending permit revocation to the plan commission. Following this hearing, the plan commission shall consider the merits of the case and shall present a written decision.

(5)

If the zoning administrator has determined that a violation has occurred, the owner shall have 30 days to bring the sign into compliance or remove the sign. If, however, the zoning administrator believes the health, safety, or welfare of the citizens is endangered by any violation of this article, the zoning administrator may immediately revoke any sign permit and the sign shall be removed by the owner immediately or may be caused to be removed by the village. The sign owner shall not be entitled to compensation for the sign removal and shall reimburse the village for any cost incurred in connection with the removal.

(6)

Any sign installed after the effective date of this article, and which does not wholly comply with the provisions of this article and which is not classified as legal nonconforming shall be ordered removed. If the sign owner, lessee, or owner of the premises fails to remove such sign, the zoning administrator may contract for removal of such sign(s) and assess all costs associated with such removal as a special tax against the property on which the sign(s) were located, such tax to be collected in the same manner as property taxes are collected in the village.

(7)

Any person who shall violate any portion of this article shall upon due conviction thereof forfeit an amount set forth in the zoning penalty schedule, reference this code section, for each such offense, together with the costs of prosecution.

(Ord. No. 10-147, § 7.0(2), 7-27-2010)

The zoning board of appeals may waive or modify the provisions of this article, unless variances are expressly authorized by the village board, where, in its judgment, such waiver modification would further the public interest and uphold the purpose and intent of this article.

(Ord. No. 10-147, § 7.0(3), 7-27-2010)

If any part of this article is found to be in conflict with any other ordinance or with any other part of this article, the most restrictive or highest standard shall prevail. If any part of this article is explicitly prohibited by federal or state statute, that part shall not be enforced.

(Ord. No. 10-147, § 7.0(4), 7-27-2010)

For the purposes of interpreting and enforcing this article, the following definitions shall apply:

Abandoned sign.

(a)

Business sign. The business it advertises is no longer conducted; advertising, or

(b)

Directional sign. Owner no longer receiving lease payment or rental income.

Animation or animated. The movement or optical illusion of movement of any part of a street graphic structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity.

Architectural detail. Any projection, relief, cornice, column, change of building material, window, or door opening on any building.

Banner. A sign composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

Bare-bulb illumination. A light source that consists of bare light bulbs with a 20-watt maximum for each bulb.

Billboard/off-premises sign. Signs that advertise or call attention to goods, products, individuals, businesses, and/or services not sold, available or located on the premises or property on which the sign is located.

Canopy. A cloth, plastic, or other nonstructural covering over a rigid frame that is permanently attached to a building or temporary in nature and, in some cases, can be raised or retracted to a position against the building when not in use.

Changeable sign. A sign that is designed so that its characters, letters, illustrations, or other content can be changed, altered, or rearranged without physically altering the permanent physical face or surface of the sign; this includes manual, electrical, electronic, or other variable message signs.

Construction sign. A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing, or development work when placed upon the premises where that work is under way, but only for the duration of the work.

Directional graphic. An on-site street graphic at the exit or entrance of a premises, that has two or more driveways.

Directional sign. Standard sign at the intersection (on public property) where a minor street intersects a major thoroughfare indicating the directions to a business with access located on the minor street.

External illumination. Illumination of a sign that is affected by an artificial light source that is not contained within the sign itself.

Facade. Any side of a building facing a public way or space and finished accordingly.

Flashing illumination. Illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times when a street graphic is illuminated, including illuminated lighting.

Government sign. A sign authorized by the village, another government agency, the state, or the federal government.

Grade. Finished surface of the ground around the sign, consistent with the predominant grade for the site.

Graphic. See Street graphic and/or Special street graphic.

Ground sign. A street graphic supported by one or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building; it includes a pole graphic and a monument graphic.

Height. Measurement between the grade at the base of the sign and the tallest point of the sign or structure.

Illumination or illuminated. A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere that on and in the immediate vicinity of the street sign.

Indirect illumination. A source of external illumination, located away from the sign, that lights the sign, but which is itself not visible elsewhere than on and in the immediate vicinity of the street sign.

Internal illumination. A light source that is concealed or contained within the street graphic and becomes visible in darkness through a translucent surface.

Item of information. A word, logo, abbreviation, symbol, or geometric shape.

Monument sign. A ground graphic permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole.

Multi-use building. Building devoted to two or more individual tenants, whether office, commercial, mixed-use, industrial, or institutional.

Neon tube illumination. A source of light for externally lit street graphics supplied by a neon tube that is bent to form letters, symbols, or other shapes.

Nonconforming street graphic. A street graphic that was lawfully constructed or installed prior to the adoption or amendment of this article and was in compliance with all the provisions of this article then in effect, but which does not presently comply with this article.

Off-premises sign. See Billboard.

On-premises sign. Sign, graphics or a display for commercial, industrial, institutional, service, or entertainment purposes, promoting products, uses or services conducted, sold or offered upon the same premises where the sign is located, and whose purpose is to sell or identify a product, service or activity.

Pole sign. A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, uprights, or braces from the ground and not supported by a building or a base structure.

Political campaign sign. Signs promoting candidates for public office or issues on election ballots, see section 117-181(i)(2).

Portable sign. A street graphic not permanently attached to the ground or a building, or designed to be permanently attached to the ground or a building.

Premises. A separate tract of land or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.

Projecting sign. A street graphic attached to and projecting from the wall of a building at a 90 degree angle from the plane of the wall to which it is attached.

Roof sign. A sign attached to or supported by the roof of a building.

Sign. A notice bearing a name, direction, warning, or advertisement, that is displayed or posted for public view.

Signable area for projecting graphics and awnings. One area enclosed by a box or outline, or a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, and:

(a)

Shall not project above, below, or beyond the edges of the awning on which it is displayed; and

(b)

Shall not extend horizontally a distance greater than 60 percent of the width of the awning on which it is displayed.

Signable area for wall graphics. One area free of architectural details on the facade of a building or part of a building which shall include the entire area:

(a)

Enclosed by a box or outline, or a single continuous perimeter composed of a rectangle (or multiple rectangles), circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, and

(b)

Shall not project above, below, or beyond the edges of the face of the building wall or architectural element on which it is located, and

(c)

The signable area for oddly shaped symbols or graphics shall be determined by enclosing the graphic in a rectangle or multiple rectangles.

Signage. Total sign area of all signs incorporated on the subject site.

Sign removal. Removal of both sign and supporting structure.

Size. The total area of the face used to display a street graphic, not including its supporting poles or structures; if a graphic has two faces that are parallel, not more than two feet apart, and supported by the same poles or structures, the size of the graphic is one-half the area of the two faces.

Special street graphic. A street graphic, other than a ground sign or wall graphic, regulated by section 117-184(c).

Street graphic. A lettered, numbered, symbolic, pictorial, or illuminated visual display on a building designed to identify, announce, direct, or inform that is visible from a public right-of-way.

Structure. Anything built, including a building that requires a permanent location.

Temporary sign. A sign or banner that will only be displayed temporarily for a time period specified by the village in this article.

Tenant. A use located in a multi-use building or shopping center.

Wall graphic. A street graphic painted on or attached to a wall of a structure and in the same plane as the wall.

Waving sign. A type of temporary board and banner sign that is made of flexible material and is intended to attract attention to a site. Such waving signs to include business flags, feathers (a sign consisting of a piece of vertically elongated, flexible material such as cloth or vinyl which is affixed to a single pole driven into the ground), or inflatables.

Window graphic. A street graphic applied, painted, or affixed to or in the window of a building; a window graphic may be temporary or permanent.

(Ord. No. 10-147, § 7.0(5), 7-27-2010)

Sign permits shall not be required for the following:

(a)

Name and address. Up to two signs indicating address, number and/or name of occupants of the premises, that do not exceed two square feet in area per side, and do not include any commercial advertising or other identification.

(b)

Decals. Decals affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment.

(c)

Flags, emblems and insignia of government agencies, religious, charitable, public, or nonprofit organizations. These types of signs are exempt from permit requirements, however, they are subject to the following requirements:

(1)

No single flag that is flown shall exceed 40 square feet in area (excluding the American flag) and no single parcel shall fly more than three flags;

(2)

Flagpoles shall not exceed 40 feet in height; and

(3)

Wall-mounted flags, emblems, insignias or logos shall be limited to one per facade.

(d)

Disabled parking space. Signs not exceeding two square feet in area, designating spaces reserved for disabled individuals.

(e)

Historical, cultural, and natural site signs. A sign erected by a governmental agency, which exclusively denotes a recognized historical, cultural, or natural site, is permitted.

(f)

Private drive signs. On-premises private drive signs are limited to one per driveway entrance, not exceeding two square feet in area, with language limited to the words "private drive" and the addresses of any residences using the private driveway.

(g)

Public signs. Signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossings, and identification signs for public facilities and any signs erected by the village under direction of the village board.

(h)

Security and warning signs. On-premises signs regulating the use of the premises, such as "no trespassing," "no hunting," and "no soliciting" signs that do not exceed:

(1)

One sign per frontage and two square feet in area in residential areas; and

(2)

One sign per frontage and five square feet in area in agricultural, commercial, and industrial zones.

(i)

Temporary signs not requiring a permit.

(1)

Real estate signs. Signs, which advertise sale, rental, or lease of the premises on the parcel, which said signs are temporarily placed. Display of these signs shall be limited to one per 600 lineal feet of street frontage per property.

a.

Residential districts. The maximum size shall be six square feet per side except the following:

Signs for new subdivision, condominium, or other residential developments may exceed six square feet with plan commission approval. In no case shall such sign exceed 32 square feet per side.

b.

All other districts. The maximum size shall be as follows:

1.

Signs located on parcels adjoining streets or highways where the posted speed limit is less than 55 miles per hour shall not exceed 32 square feet per side.

2.

Signs located on parcels adjoining streets or highways where the posted speed limit is equal to or greater than 55 miles per hour shall not exceed 64 square feet per side.

(2)

Political campaign signs. Political campaign signs are subject to the following requirements:

a.

The display of any political signs shall be limited to the "election campaign period", which is the period beginning on the first day of circulation of nomination papers by candidates, or the first day on which candidates would circulate nomination papers were papers to be required, and ending on the day of the election, as defined by Wis. Stats. § 12.04(1)(a).

b.

The sign area of political campaign signs displayed in agricultural, commercial or industrial zoning districts shall not exceed 32 square feet. The sign area of such sign displayed in residential zoning districts shall not exceed six square feet. In any zoning district, such signs shall be freestanding and shall not exceed six feet in height.

c.

Political campaign signs shall not be displayed within 100 feet of any village-owned buildings or building containing a polling place (Wis. Stats. 12.035), or displayed on properties or structures that are owned, operated, or maintained by any public agency, or on any village-owned pole or traffic control devices, or on any pole, post, or appurtenance owned or operated by a utility. Political campaign signs shall not be located in any public right-of-way.

d.

The candidate, entity, or property owner responsible for the erection or distribution of any such signs shall be required to remove them within five days after the election to which they refer.

e.

The village clerk, election inspector, Calumet County Sheriff, or their designee, are authorized to remove any signs in violation of this section.

(3)

Garage or yard sale signs. Signs advertising garage sales or yard sales are permitted, provided that no sign shall exceed six square feet in area and is not erected more than four days prior to the event. One yard sale sign shall be allowed on premises. All signs shall be removed one day after the close of the garage or yard sale.

(4)

Construction signs. Construction signs announcing the new building or projects, or advertising the company doing the work can be displayed throughout the duration of the work and shall be removed after the work has been completed.

(5)

Window graphics. Temporary window graphics may not exceed 40 percent of the window area that does not contain permanent window graphics.

(Ord. No. 10-147, § 7.0(6), 7-27-2010)

The following signs are expressly prohibited, unless otherwise stated in these regulations.

(a)

Absence of permit. Any non-exempt sign for which a permit has not been issued.

(b)

Animated or moving signs. A sign or other display with either kinetic or illusionary motion powered by manual, mechanical, electrical, or other means, including but not limited to flags having commercial messages, and all pennants, banners, streamers, propellers, and discs, as well as flashing signs, signs with illuminated elements that are used to simulate the impression of motion, and searchlights.

(c)

Billboards and off-premises signs. See section 117-185.

(d)

Message and flashing signs. Any signs that include lights or messages which change, flash, blink, or tum on and off intermittently except those approved by the zoning administrator. The zoning administrator may approve message signs with the following conditions:

(1)

Such signs may be used only to advertise activities conducted on the premises or to present public services such as time, date, temperature or weather.

(2)

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

(3)

No message may be displayed for less than one-half of a second and no message may be repeated at interval of less than two seconds.

(4)

An electronic message sign shall not be located in a residential district.

(e)

Glaring signs. Signs with light sources or which reflect brightness in a manner which constitutes a hazard or nuisance. This includes but is not limited to signs with bare florescent bulbs, blinking, flashing or other bare bulb signs, or strobe lights, fluorescent text, graphics or background, as well as holographic signs. No sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. Signs found to be brighter than necessary for adequate visibility, as determined by the plan commission at a public hearing, shall be adjusted by the person owning or controlling the sign.

(f)

Obstructive signs. A sign or other advertising devise erected or maintained at any road intersection in a manner as to obstruct free and clear vision of the intersection.

(g)

Inflatable signs and other objects. Signs and other objects which are inflated, including, but not limited to, balloons. One bouquet of balloons shall be allowed on a premises that sells balloons. Balloons shall also be permitted in temporary situations or on special occasions at a residence.

(h)

Posters and handbills. Any signs affixed to any structures, trees or other natural vegetation, rocks, or poles.

(i)

Roof signs. Signs attached to, painted onto, or supported by the roof of a building.

(j)

Simulated traffic signs and obstructions. Any signs which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight- distance triangle at any road intersection or extend into the public right-of-way.

(k)

Strings of light. Any devices including lights that outline property lines, sales areas or any portion of a structure and are intended to advertise or draw attention to a business or commercial activity, except as follows:

(1)

Lights used temporarily as holiday decorations.

(2)

Lights or other devices used on a temporary basis on parcels on which carnivals, fairs or other similar temporary activities are held.

(l)

Mobile signs.

(1)

Any portable "A" frame or similar portable sign is prohibited except on a temporary basis not to exceed 48 consecutive hours not more than two times a year.

(2)

Any sign displayed on a parked trailer or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes.

(m)

Multiple signs. Multiple signs, logos, or insignia on a canopy or canopies, attached to a building or other structure that exceeds the maximum signable area for the premises.

(n)

Signs adversely affecting safety. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, driveway, or fire escape or to prevent free access from one part of the roof to any other part. No sign shall be attached to a standpipe or fire escape. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.

(o)

Sign emissions. No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted.

(p)

Mirrors. No mirror device shall be used as part of a sign.

(Ord. No. 10-147, § 7.0(7), 7-27-2010)

The following limitations and obligations shall apply to all signs.

(a)

Sign review. The zoning administrator shall review all applications for new or altered signs, excluding exempt signs, within the village.

(b)

Sign permit. No person shall locate, erect, move, reconstruct, or structurally alter a sign, except those permitted under section 117-181, without first obtaining a permit from the zoning administrator and paying required fees, and without meeting all the structural requirements of local and state building codes.

(c)

Public property. No portion of a privately-owned sign, or its supporting structures, such as poles or cables, shall be placed on, or within the air space above, publicly owned property, a public right-of-way (such as a street, sidewalk, or waterway), or a proposed public right-of-way unless approved by the village board.

(d)

Destruction of vegetation. Cutting or killing vegetation growing on public rights- of-way (or below the ordinary high water mark of navigable streams) to enhance visibility of a sign is prohibited.

(e)

Natural areas. Signs in wetlands and areas zoned "conservancy," except governmental and warning signs, are prohibited.

(f)

Proximity to electrical conductors. Signs and all supporting structures shall be no closer to electrical utilities than is permitted by applicable codes. No sign, including cables and supports, shall, in any event, be within six feet of any electrical conductor, electrical light pole, electric street lamp, traffic light, or other public utility pole.

(g)

Responsibility for compliance. The owner of a parcel on which a sign is placed and the person maintaining the sign are each fully responsible for the condition and the maintenance of the sign, and the area around the sign.

(h)

Permanent sign requirements.

(1)

Materials. A sign attached to any building shall be attached by corrosion- resistant metal attachments (bolts, anchors, or cables) to insure permanent and safe construction, and shall be maintained free from rust or other defects.

(2)

Wooden standards and posts. The construction of ground signs and sign boards may use wooden members when they are secure and erected upon standards and posts at least four inches by four inches square. Wooden members must be embedded in concrete or approved soil cement mixture of at least four feet below the natural surface of the ground. The required depth of embedment may vary depending upon sign area, overall height above grade, soil conditions and the number of supporting uprights, but shall be a minimum four feet in depth. When posts and anchors constructed from wood rest upon or are in the ground, they must be pressure treated.

(3)

Electric signs. All electric signs shall be grounded and shall comply with the national and state electrical codes. All electrical connections, wiring to, or within the sign are subject to the provisions of the village building code, the Wisconsin Administrative Code and the National Electric Code.

(4)

Attachments.

a.

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 sign or any part of any sign or any anchor, brace, or guide rod shall be erected, relocated, put up, or maintained so as to hinder or prevent ingress or egress from public or private driveways, parking lots, or fire escapes, or through a door, doorway, or window or so as to hinder or prevent pedestrian traffic on a sidewalk or so as to hinder or prevent the raising or placing of ladders against a building by the fire department as necessity therefore may require. No sign shall be placed so as to obstruct or interfere with traffic visibility nor be lighted in such a way as to cause glare or impair driver visibility upon public rights-of-way.

b.

No advertising or regulatory sign or its structure shall be attached in any way to a tree or landscape feature.

(5)

Lighting. Lights may be permitted on signs provided that any reflective shields concentrate illumination on the sign so as to prevent glare upon streets or adjacent properties.

(i)

Maintenance. Signs allowed by this section shall be maintained in a safe, presentable, and good condition at all times. This includes replacement of defective parts, painting, repainting, cleaning, and other acts required for maintenance of the sign and surrounding premises.

(1)

Dilapidated and unmaintained signs. Dilapidated, unmaintained, and/or unsafe signs, as determined by the village, shall be subject to the razing provisions of Wis. Stats. § 66.0413.

(2)

Abandoned signs. The owner or lessee of a property shall remove an abandoned sign within 60 days of abandonment. If the sign owner, lessee, or owner of the premises fails to remove such sign, the zoning administrator may contract for removal of such sign(s) and assess all costs associated with such removal as a special tax against the property on which the sign(s) were located, such tax to be collected in the same manner as property taxes are collected in the village.

(Ord. No. 10-147, § 7.0(8), 7-27-2010)

On-premises signs include signs, graphics, and displays for commercial, industrial, institutional, service or entertainment purposes, products, uses, or services conducted, sold or offered on the same premises where the sign is located.

(a)

Ground signs. A premises may display one ground graphic on each street or highway on which it has frontage in commercial or industrial zoning districts. Size, setback and height regulations are listed under the zoning districts where they apply.

(1)

Neighborhood commercial (CN) zoning district.

a.

Size regulations. Freestanding signs or displays shall not exceed 50 square feet, per side, all areas combined. Signs shall not have more than two sides.

b.

Sign location. All freestanding signs or displays shall be erected at least ten feet from any property line or right-of-way, and shall be located outside all vision clearance triangles. Signs shall also be located a minimum of ten feet from the edge of a driveway. Such distance shall be measured to the nearest portion of the sign whether it is the sign face, sign edge, or sign base.

c.

Height regulations. No portion of any freestanding on premises sign or display shall be more than 20 feet above the natural grade immediately adjacent to the sign.

(2)

Office and retail commercial (COR), community commercial (CC), business park (BP), and industrial and manufacturing (IM) zoning districts.

a.

Size regulations. Freestanding signs or displays shall not exceed 100 square feet, per side, all areas combined. Signs shall not have more than two sides. Size may be increased to 150 square feet, per side, all areas combined, for a comer lot if the owner agrees to limit the number of signs to one.

b.

Sign location. All freestanding signs or displays shall be erected at least ten feet from any property line or right-of-way, and shall be located outside all vision clearance triangles. Signs shall also be located a minimum of ten feet from the edge of a driveway.

Such distance shall be measured to the nearest portion of the sign whether it is the sign face, sign edge, or sign base.

c.

Height regulations. No portion of any freestanding on premises sign or display shall be more than 35 feet above the natural grade immediately adjacent to the sign.

d.

Landscaping. A landscaped area located around the base of the ground sign equal to one-half of a square foot for each square foot of ground graphic area is required for all ground signs. The landscaped area shall contain living landscape material consisting of shrubs and/or perennial ground cover plants placed throughout the required landscape area having a spacing of not greater than four feet on center.

(3)

General agricultural (AG) zoning district.

a.

Size regulations. Freestanding signs or displays shall not exceed 100 square feet, per side, all areas combined. Signs shall not have more than two sides.

b.

Sign location. All freestanding signs or displays shall be erected at least ten feet from any property line or right-of-way line, or officially mapped street line and shall be located outside all vision clearance triangles. Signs shall also be located at least ten feet from the edge of a driveway. Such distance shall be measured to the nearest portion of the sign whether it is the sign face, sign edge, or sign base.

c.

Height regulations. No portion of any freestanding sign or display shall be more than 20 feet above the natural grade immediately adjacent to the sign.

(b)

Wall signs. In commercial or industrial zoning districts, a premises, and each occupant of a multi-use building, may display wall signs on walls fronting a public or private street.

(1)

Sign structure graphic display area (signable area). The person or business displaying wall sign shall have a total signable area on each facade of the building that has frontage on a street or highway. The total signable area is dependent upon the linear foot measurement of the facade. Signable area requirements are as follows:

a.

Signable area allowed. The total signable area a premises can display shall not exceed one square foot for each linear foot of facade or 100 square feet, whichever is smaller, on which the graphics will be located.

b.

How displayed. The sign structure graphic display area may be displayed as one wall graphic or divided among two or more wall graphics.

c.

Additional limitations. Wall graphics may be painted on, attached to, or pinned away from the wall, but must not project from the wall by more than six inches and must not interrupt architectural details.

(c)

Special street graphics.

(1)

Projecting graphics.

a.

Where permitted. Any business in a commercial or industrial zoning district and each occupant of a multi-use building may display one projecting graphic on each street or highway frontage.

b.

Signable area. Any signable area selected for display as a projecting graphic shall not exceed 12 square feet and shall be subtracted from the total signable area allocated for wall graphics (subsection (b)) to the facade to which the projecting graphic will be attached.

c.

Height, width, and projection. Projecting graphics must have an overhead clearance from sidewalks by at least ten feet and may project no more than four feet from a building. Projecting graphics must project from the wall at an angle of 90 degrees. Angular projection from the corner of a building is prohibited.

(2)

Awnings.

a.

Where permitted. A premises, and each occupant of a shopping center or multi-use building may display an awning on each street or highway frontage in the neighborhood commercial (CN), office and retail commercial (COR), community commercial (CC), and business park (BP) zoning districts.

b.

Signable area. A street graphic may be displayed on one signable area selected for display on an awning. It shall not exceed 40 percent of the area of the principal face of the awning and shall be subtracted from the signable area allocated for wall graphics (subsection (b)) permitted for each facade.

c.

Height and width. Awnings must clear sidewalks by at least eight feet and may extend up to ten feet in width.

d.

Lighting. Awnings may be nonilluminated or externally illuminated only by down-directed and shielded fixtures of white light.

(3)

Window graphics. A premises, or an occupant of a shopping center or multi-use building, may display permanent window graphics not to exceed 40 percent of the window area of the facade of a building.

(4)

Sign permit.

a.

Sign permit procedure.

1.

Concept review.

i.

Applicant submits a completed application to the zoning administrator.

ii.

The zoning administrator reviews the application and plans for municipal code compliance and either approves, approves with modifications, or rejects the application.

b.

Required materials.

1.

Application. Every applicant for a sign permit shall complete a written application form, with supplementary attachments, if necessary, containing the following information:

i.

Site location;

ii.

Owner's name;

iii.

Building occupancy; and

iv.

Site zoning.

2.

Fees. The sign application and permit fee as set forth in the zoning fee schedule, reference this code section, shall be paid at the time of application submittal.

3.

Elevation. The elevation shall include the following:

i.

Dimensions of sign face;

ii.

Image of sign (i.e. lettering, logos, and graphics) indicating size, style, of lettering, material, color, and layout design; and

iii.

Distance between grade and the bottom of sign and overall height of sign (freestanding signs only).

4.

Site plan. The site plan shall include the following:

i.

Property line;

ii.

Location of sign;

iii.

Distance of sign to property line; and

iv.

Driveway accessways.

c.

Issuance of permit. Once the preliminary application has been submitted, approval has been granted by the zoning administrator and/or the plan commission, and the final application has been submitted with all applicable fees paid, the permit can be issued.

d.

Revocation. All rights and privileges acquired under this section or any amendment thereto are revocable for cause at any time by the zoning administrator. If the work authorized under permit has not been completed within one year after date of issuance, the said permit shall become null and void.

(Ord. No. 10-147, § 7.0(9), 7-27-2010; Ord. No. 11-152, 3-29-2011)

(a)

Off-premises signs and billboards restricted. All off-premises signs and billboards are prohibited in the village regardless of the nature, size or location, except as provided in this section.

(b)

Application. Off-premises signs or billboards shall not be erected in the village in any location unless a permit is first obtained therefore from the village board. A permit shall not be issued unless an application is obtained from the building inspector and filed when applying for the permit. The building inspector shall not issue any permit in excess of the inventory established in subsection (e) unless specifically authorized by the village board. The permit application shall further contain all the information required by subsection (e)(6), application for a permit.

(c)

Restrictions. In issuing permits for off-premises signs and/or billboards the village designee shall see that the following restrictions are complied with:

(1)

All off-premises signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights, or those of red, green or amber color at intersections are prohibited. Lights from any illumination shall be shaded, shielded or directed so that the light intensity or brightness will be minimized to the surrounding areas. Such illumination shall be direct and the source of light shall not be exposed when facing a residential zone. There shall be no direct illumination upon a roadway and no glare or source of light shall be visible.

(2)

There shall be no off-premises signs of any nature in the village located within a radius of 200 feet of a residential district.

(3)

There shall be no off-premises signs in the village which are more than 35 feet in height above the adjacent street level.

(4)

There shall be a spacing of at least 1,000 feet between any two off-premises signs.

(5)

Off-premises poster panel and painted bulletin signs in the village (off property) shall only be allowed in business and industrial districts and in those districts shall be subject to the further limitations of this section.

(6)

Any off-premises signs shall not be greater than 700 feet and shall be permitted in industrial districts and commercial districts only and in those districts only on federal aid primary highways.

(7)

No off-premises sign permitted by this section or any other code of the village shall, in any manner, project over the right-of-way of any highway or roadway in the village.

(8)

Any off-premises sign for advertising purposes in the village shall have at least ten feet of under-clearance unless erected upon or against an existing building.

(9)

No off-premises signs in the village shall be allowed within 200 feet of the bank, bulkhead or floodway line of a river or any other navigable stream.

(10)

Any off-premises signs erected in the village shall be erected on no more than two uprights and shall be engineered to withstand at least 30 pounds per square foot wind load.

(11)

No off-premises advertising signs shall be allowed to be placed on the roof of an existing building.

(12)

No permit shall be issued unless the applicant provides such proof as the building inspector may require that any state permit required for such sign has been obtained.

(13)

No permit shall be issued unless the applicant provides such proof as the building inspector may require that the applicant owns the land or has a lease, easement or other interest permitting construction of the sign.

(d)

Time limit. Permits for off-premises poster panel and painted bulletin signs shall be valid for one year. No such signs shall be erected unless construction of the sign starts during the one year period during which the permit therefore is valid.

(e)

Regulations related to off-premises signs; inventory, removal, replacement, alteration and nonconforming signs.

(1)

Inventory. An inventory of all existing and permitted off-premises outdoor advertising signs and/or billboards shall be conducted within 30 days of the enactment of this section. The number of signs then legally permitted or in existence as of May 1, 2001 shall represent the maximum number of off-premises outdoor advertising signs permitted with the village.

a.

For purposes of this subsection, inventory shall mean the number of off-premises sign panels and/or billboards authorized and in existence on May 1, 2001.

b.

Any signs authorized as of May 1, 2001, but not constructed as of the date of the enactment of this section, shall be constructed within one year after enactment of this section. Any authorized signs not constructed within one year after the date of enactment of this section shall be removed from the inventory of off-premises outdoor advertising signs and shall correspondingly reduce the number of signs permitted within the village. Any signs now existing that are illegal will not be included in this inventory and shall be removed.

(2)

Signs removed. Any sign removed after May 1, 2001 which is not replaced in compliance with this section or any sign ordered to be removed by order of a court of competent jurisdiction after May 1, 2001 shall be removed from the inventory and correspondingly reduce the number of signs permitted within the village.

(3)

Replacement sign. Any replacement sign pursuant to this section shall comply with all then existing applicable ordinances for the location and construction of such sign.

a.

Prior to the removal of any off-premises outdoor advertising sign the owner shall first obtain a wrecking permit from the village. No work shall be performed under such wrecking permit until the sign has been inspected and measured with respect to square footage of the panels of the signs. Such inspection and measurement shall be done by the village.

b.

Any sign removed may be replaced by a sign that does not exceed the cumulative square footage of the panel faces it is replacing. No sign may be relocated without village board permission.

c.

Any sign replaced pursuant to this subsection shall be reconstructed within one year after the issuance of the wrecking permit for the sign which it is replacing.

(4)

Signs acquired by village. Any sign acquired by the village may be replaced by the sign owner within one year after the date that the village acquires the sign.

a.

For purposes of this subsection, the date of acquisition in condemnation cases shall be the date the jurisdictional offer is issued for acquisition of that sign.

b.

In all other cases, the date of acquisition shall be the date on which the property owner accepts the village's offer to purchase such sign.

(5)

Signs photographed. All off-premises outdoor advertising signs shall be photographed annually by the village's building inspector. Such photographs shall be available for regular public inspection and shall be maintained by the village indefinitely.

(6)

Application for a permit. The application for off-premises commercial and billboard sign permits shall contain all information, drawings and specification necessary to fully advise the building inspector of the type, size, shape, location, zone, construction and materials of the proposed sign and the building structure or premises upon which it is to be placed. When applying for a billboard permit, the billboard operator shall, in addition to the above, furnish the following information at the time of permit application:

a.

The location of the proposed sign in relation to the property lines and any building, fence or other structure on the property.

b.

The building setback lines and the location of any easements on the property.

c.

The distance to the nearest billboard.

d.

An affidavit from the property owner authorizing erection of the sign or an executed lease agreement.

e.

The street address of the sign.

f.

An engineer's certificate.

g.

A state permit.

(7)

Variance. Only the village board may grant variances to this section 117-185.

(8)

Alteration; relocation. No sign or billboard in the village shall hereafter be altered, rebuilt, enlarged, extended or relocated, except in conformity with the provisions of this chapter. The changing of movable parts of signs designed to be changed or the repainting of display matter in conformity herewith shall not be deemed to be alterations with the meaning of this section.

(9)

Nonconforming signs. Notification of nonconformity. The building inspector shall survey the village for signs which do not conform to the requirements of this section. Upon determination that a sign is a nonconforming sing, the building inspector shall use reasonable efforts to notify, either personally or in writing, the user or owner of the property on which the sign is located.

(10)

Limitations. Enacting this chapter, special notice has been taken of the often competing viewpoints of citizens and the sign industry, particularly that portion of the industry engaged in billboard operations. Frequently, the citizens' right to an unobstructed view has been pitted against the right of the sign industry and its clients to do business, promoting a "winner takes all situation" in resolving conflicts. This section has been designed to protect and accommodate both concerns. As such, it has inevitably and properly led to some forms of compromise. In arriving at these compromises, every possible consideration has been afforded the public interest, individual property and business rights and the need for signs and outdoor advertising. Compromise obviously implies mutual concessions and/or losses. It also suggests that this chapter has been developed in that spirit, mutual gains and benefits. It is further the intent of this section that its burdens and benefits be fairly and rationally distributed among all parties involved.

(Ord. No. 10-147, § 7.0(10), 7-27-2010)

In addition to the permanent signs allowed under this article, a premises, or an occupant of a multi-use building may display temporary signs for a limited period of time and for the purpose of announcing or promoting a new building, development, subdivision, grand opening, or special event.

(a)

General guidelines.

(1)

Number. One wall-mounted or waving sign per street frontage. A maximum of two temporary sign permits will be issued per calendar year for a time period up to 30 days.

(2)

Area. Temporary signs shall not exceed 32 square feet.

(b)

Temporary sign permit. Temporary signs may be erected in all commercial or industrial districts only after obtaining a temporary sign permit, which shall cite the length of time the sign may be displayed.

(1)

Temporary sign permit procedure.

a.

Applicant submits a completed application along with the required materials to the zoning administrator.

b.

The zoning administrator reviews the application and plans for municipal code compliance and approves, approves with modifications, or rejects the sign application.

(2)

Required materials.

a.

Application. Every applicant for a sign permit shall complete a written application form, with supplementary attachments, if necessary, containing the following information:

1.

Site location;

2.

Owner's name;

3.

Building occupancy;

4.

Site zoning; and

5.

Proposed dates of display (time period).

b.

Fees.

1.

The temporary sign application and permit fee as set forth in the zoning fee schedule, reference this code section, shall be paid at the time of application submittal.

2.

Deposit. There is a deposit for temporary signs as set forth in the zoning fee schedule, reference this code section, which will be refunded upon applicant's certification that sign(s) has (have) been removed within the time period specified on the permit.

c.

Elevation. The elevation shall include the following:

1.

Dimensions of sign face; and

2.

Image of sign (i.e. lettering, logos, and graphics) indicating size, style, of lettering, material, color, and layout design.

d.

Issuance of permit. Once the application has been submitted and all applicable fees paid, approval has been granted by the zoning administrator, the permit can be issued.

e.

Revocation. All rights and privileges acquired under this section or any amendment thereto are revocable for cause at any time by the zoning administrator. If the work authorized under permit has not been completed within one year after date of issuance, the said permit shall become null and void.

(Ord. No. 10-147, § 7.0(11), 7-27-2010)