Marion City Zoning Code
ARTICLE XII
Signs, Billboards, Awnings and Canopies
§ 625-35 Purpose.
The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge of or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the City of Marion. Painting, posting and general maintenance are excepted. No sign or billboard shall have a message, shape, characteristic or graphic which is prohibited by state statutes.
§ 625-36 Definitions.
The following definitions are used in this article:
The perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed, unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines.
A hood or cover which projects from the wall of the building with a rigid frame structure that is stationary or retractable.[1]
A sign which advertises goods, products or facilities, or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.
The unreasonable obstruction of view of a sign caused by the placement of another sign.
A shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
A period of time in terms of calendar days.
Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.
Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupant commercial and industrial buildings.[2]
Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic or charitable events or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.[3]
Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.
A sign that is illuminated from a source outside of the actual sign.
A permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
Any sign attached to and made part of a marquee.
Any sign which does not conform to the regulations of this article.
Any sign, device or display which advertises goods other than those commonly available or services other than those commonly performed on the premises on which the sign is located.
Any sign displaying a candidate for an election or a current election's subject matter.
Any sign not permanently attached to the ground which is intended to be displayed for no longer than 30 days and is designed to be easily moved from one location to another.
Any sign extending more than 18 inches but less than four feet from the face of a wall or building; such sign shall not extend into any public right-of-way.[4]
Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
Any sign erected upon or over the roof or parapet of any building.
A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
Includes anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
Any sign intended to be displayed for a short period of time, including real estate or construction site signs and banners, decorative-type displays or anything similar to the aforementioned.
Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 24 inches from such wall.[5]
Any sign located completely within an enclosed building and visible from a public way.
§ 625-37 Sign permits.
A.
Application. Except for those specified in § 625-38, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all other structural requirements of other applicable codes and ordinances of the City of Marion. Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
B.
Required information. Application for a sign permit shall be made in writing upon forms furnished by the City which contain the following information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign.
D.
Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of $300,000 for bodily injury and $1,000,000 aggregate and $100,000 property damage. Proof of insurance shall be presented to the City before the sign permit is granted.
E.
Inspection. Every sign shall be inspected and approved by the Zoning Administrator within 30 days after it is erected or altered.
F.
Appeals. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Administrator relative to the provisions of these sign regulations may appeal and seek review of such by the Zoning Board of Appeals.
§ 625-38 Signs not requiring permit.
The following signs shall not need a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water. The following signs do not require a permit:
A.
Commercial and manufacturing districts.
(1)
Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(2)
Name, occupation and warning signs not to exceed four square feet located on the premises.
(3)
Bulletin boards for public, charitable or religious institutions not to exceed 35 square feet in area located on the premises.
(4)
Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.
(5)
Official signs, such as traffic control, parking restriction, information and notices.
(6)
Temporary signs, when authorized by the City for a period not to exceed 30 days.
(7)
Rummage sale signs not to exceed eight square feet in area, but use of this type of sign shall be limited to 72 hours per sale.
(8)
A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the City and subject to the following:
(a)
Drawings showing the specific design, appearance and location of the sign shall be submitted to the City for approval.
(b)
The permitted size and location of any such sign shall be at the discretion of the City based upon the character of the area, the type and purpose of the sign and the length of time permitted.
(c)
Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.
(9)
Signs designating entrances, exits, service areas, parking areas, and rest rooms and other signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.
(10)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
(11)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(12)
Legal notices, identification information or directional signs erected by governmental bodies.
(13)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(14)
Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
B.
Residential, conservancy and agricultural districts.
(1)
Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.
(2)
Real estate signs not to exceed four square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.
(3)
Name, occupation and warning signs not to exceed two square feet located on the premises.
(4)
Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.
(5)
Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(6)
Official signs, such as traffic control, parking restrictions, information and notices.
(7)
Temporary signs or banners, when authorized by the City, for a period not to exceed 30 days.
(8)
Awnings or canopies servicing only a particular single-family dwelling unit, provided that the same shall conform to the regulations applicable to the zoning district in which the same are located.
(9)
House numbers or signs identifying parks or country clubs or official bulletin boards.
(10)
An approved professional sign shall be a sign not exceeding three square feet in area stating only the name and business or profession of the occupant or the character or the use of the premises on which the sign is maintained. It shall not be illuminated and shall not move. Only one such approved professional sign shall be maintained on a premises.
(11)
A sign for the purpose of designating a new building or development for a promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited time in any district with the approval of the City and subject to the following:
(a)
Drawings showing the specific design, appearance and location of the sign shall be submitted to the City for approval.
(b)
The permitted size and location of any such sign shall be at the discretion of the City based upon the character of the area, the type and purpose of the sign and the length of time permitted.
(c)
Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period of not to exceed two years total.
§ 625-39 Signs requiring permit.
The following signs shall require a permit to be issued by the City of Marion:
A.
Commercial and manufacturing districts. Signs are permitted in all commercial districts and the manufacturing districts subject to the following restrictions:
(1)
Wall signs placed against the exterior walls of buildings shall not extend more than 24 inches out from a building's wall surface, shall not exceed 500 square feet in area or 40% of the wall surface (whichever is smaller) per wall for any one premises, and shall not exceed the height of the wall for which the wall sign is displayed, depending upon the height of the wall. Said wall signs shall not exceed 45 feet in height in manufacturing districts fronting federal aid primary (FAP) highways and shall not exceed 30 feet in height in other commercial districts if the walls in question are greater than 45 feet and 30 feet, respectively.
(2)
Projecting signs fastened to, suspended from or supported by structures shall not exceed 100 square feet in area for any one premises, shall not extend more than six feet into any required yard, shall not extend into any public right-of-way, shall not be less then 10 feet from all side lot lines, shall not exceed a height of 20 feet above the mean center-line street grade and shall be not more than 15 feet above a driveway or an alley and not less than 10 feet above a sidewalk.
(3)
Freestanding signs in manufacturing and B-2 Districts fronting federal aid primary (FAP) highways shall not exceed 45 feet in height above the center line of the grade of the street from which access to the premises is obtained, shall not extend into any public right-of-way, and shall be set back a minimum of five feet from the property line (depending upon the circumstances). Freestanding signs shall not exceed 300 square feet on one side nor 600 square feet on all sides for any one premises.
(4)
Other freestanding signs in commercial and manufacturing districts shall not exceed 30 feet in height above the center line of the grade of the street from which access to the premises is obtained, shall not extend into any public right-of-way, and shall be set back a minimum of five feet from the property line (depending upon the circumstances). Freestanding signs shall not exceed 200 square feet on one side nor 400 square feet on all sides for any one premises.
(5)
A roof sign shall not exceed 15 feet in height above the roof, shall meet all yard requirements for the district in which it is located, shall be considered part of the structure in meeting all height requirements for the district in which it is located and shall not exceed 300 square feet on all sides for any one premises.
(6)
Window signs shall be placed only on the inside of commercial buildings and shall not exceed 25% of the glass area of the pane upon which the sign is displayed.
(7)
Off-premises signs, billboards, displays and devices shall be permitted subject to the following:
(a)
Allowed only in B-1 and B-2 Districts and manufacturing districts.
(b)
Must be a minimum of 100 feet from residential district property line.
(c)
Must be a minimum of 100 feet from an intersection.
(d)
Must be a minimum of 350 feet from a church or school.
(e)
Must be a minimum of 1,000 feet from another billboard on the same side of the street.
(f)
Must be a minimum of five feet from the right-of-way and from property lines.
(g)
Must be a freestanding design; no back bracing or guy wires are allowed.
(h)
Must meet all federal, state and local requirements prior to issuance of permit.
(j)
No off-premises signs, billboards, displays and devices shall be permitted closer than 350 feet to any church and/or school property line.
(k)
The maximum size of an off-premises sign on a four-lane divided roadway shall be 672 square feet per side of sign structure. All other roadways shall have a maximum sign size of 300 square feet per side of sign structure.
(l)
No off-premises sign shall be permitted within 75 feet of the rights-of-way of STH 45.
(8)
Directory signs for shopping centers are permitted as an alternative to ground signs, projecting signs and roof signs for individual stores in the shopping center. The top of a directory sign shall not exceed 30 feet in height above the mean center-line street grade and the bottom of the sign shall not be less than 10 feet above the sidewalk and not more than 15 feet above a driveway or alley. The double supporting pylons shall not be greater than 10 feet apart. That portion of the directory sign which advertises the shopping center name shall not exceed 90 square feet for one side and a total of 180 square feet for all sides. That portion of the directory sign which advertises the individual store name shall not exceed 15 square feet for one side and a total of 30 square feet for all sides. Directory signs shall meet all yard requirements for the zoning district in which they are located.
(9)
Other signs. Any sign qualifying as more than one of the above-listed types shall meet the requirements for each type.
(10)
Bills and posters shall not be posted on the exterior of buildings or windows.
§ 625-40 Landscape features.
Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.
§ 625-41 Prohibited signs; number and location of signs.
A.
Signs facing residential districts. No sign, except those permitted in § 625-38, shall be permitted to face a residential district within 100 feet of such district boundary.
B.
Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility.
C.
Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where allowed by conditional use permit. No signs, billboards or other advertising media which create a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district. This does not apply to electronic message signs.
D.
Number of signs permitted.
(1)
No more than two signs of any style shall be located on any premises, except that premises occupied by a shopping center may, as an alternative, have one detached sign plus one flat sign, illuminated or otherwise, for each place of business located in said shopping center. Signs directing traffic are not included when considering the total number of signs permitted.
(2)
Businesses with streets fronting both sides shall be allowed two types of signs for each street frontage; no street frontage buildings shall be allowed two of the same type of sign for that particular business.
E.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this chapter, or be located within five feet of a property line.
F.
Distance between freestanding signs. The distance between freestanding signs shall be a minimum of 100 feet between freestanding signs throughout the street frontage on the same side of the street in order to prevent congestion and maintain traffic visibility.
§ 625-42 Dangerous and abandoned signs.
A.
Removal. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of 30 days or when, in the judgment of the City, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Common Council, or its designee, may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the Common Council's or its designee's decision to the Zoning Board of Appeals.
B.
Alterations. For signs erected before the adoption of this article, said signs shall be rebuilt or relocated to conform to this article if the cost of reconstruction or relocation is 50% or more of its replacement value.
C.
Violations. All signs constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code.[1] In addition to the penalty provisions for violation of this chapter, the Common Council or its designee may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes. Property owners may appeal violations to the Common Council within 90 days of being noticed.
§ 625-43 Variances or exceptions.
Variances or exceptions to these sign regulations may not be granted.
§ 625-44 Construction and maintenance of signs.
A.
Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the City.
B.
General requirements.
(1)
Construction standards. Signs shall be constructed in a safe structural manner in accordance with the National Building Code and the National Electrical Code, with fireproof and fire-resistant materials, and the Wisconsin State Codes, if more restrictive. All signs shall withstand a wind load pressure of 30 pounds per square foot per the American Society of Engineering.
(2)
Roof signs. No sign shelf shall be located so as to project above the parapet line, unless approved by the Plan Commission. Roof sign structures shall be constructed entirely of steel or aluminum, and all faces shall be constructed of fire-resistant materials and shall withstand a wind load pressure of 30 pounds per square foot per the American Society of Engineering.
(3)
Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
(4)
Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus.
(5)
Blanketing. Blanketing of signs shall not be allowed.
(6)
Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted, and clean at all times, and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.
(7)
Annexed areas. All signs in newly annexed areas shall comply with this article within five years of annexation.
C.
Searchlights. The Common Council may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period.
D.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-ways except for traffic control, parking and directional signs and as otherwise specified in this chapter.
§ 625-45 Specific requirements for certain types of signs.
A.
Electronic message unit signs.
(1)
Such signs may be used only to advertise activities conducted on the premises or to present public service information pursuant to § 625-38.
(2)
Segmented messages must be displayed for not less than 1/2 second and not more than 10 seconds.
(3)
Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.
B.
Portable signs.
(1)
Such signs shall be limited in use to 30 days at a time following approval by the City; provided, however, that the City shall not give approval for placement of a portable sign if it presents a vision obstruction, and it shall not be displayed more frequently than one time per year at any one location. No more than one sign per premises shall be permitted.
(2)
The maximum size shall be 32 square feet on each face, back to back.
§ 625-46 Nonconforming signs.
A.
Signs eligible for characterization as legal nonconforming. Any sign located within the City of Marion limits as of the date of adoption of this chapter hereafter which does not conform to the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, provided that it meets the following requirements:
B.
Loss of legal nonconforming status.
(1)
A sign loses its nonconforming status if one or more of the following occurs:
(a)
If said sign is damaged by fire, flood, explosion, earthquake, war, riot or act of God or structurally altered in any way, except for normal maintenance and repair, the sign may be reconstructed and used as before if it is reconstructed within three months after such calamity, unless the damage to any sign is 50% or more of its replacement value, in which case the reconstructed sign shall comply with the provisions of this article. A nonconforming sign damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with § 62.23(7)(hc), Wis. Stats., and § 625-8A of this chapter.[1]
(b)
The sign is relocated.
(c)
The sign fails to conform to the City requirements regarding maintenance and repair or abandonment of dangerous or defective signs.
(2)
On the date of occurrence of any of the above, the sign shall be immediately brought into compliance with this article with a new permit secured therefor or shall be removed.
C.
Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or user of a legal nonconforming sign or the owner of the property on which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.
§ 625-47 Awnings and canopies.
A.
Permitted awnings. No awnings shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.
(2)
Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the public sidewalk or public thoroughfare.
(3)
Setback from curbline. No awning shall extend beyond a point four feet into the right-of-way.
(4)
Advertising. No advertising shall be placed on any awning, except that the name of the establishment within the building to which the awning is attached may be painted or otherwise permanently placed.
(5)
Awning insurance requirements. Every applicant for a permit for an awning which will overhang the public street or sidewalk shall, before the permit is granted, file with the City Clerk-Treasurer a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for property damage which shall indemnify and save harmless the City of Marion from any and all damages, judgments, costs or expense which the City may incur or suffer by reason of the granting of said permit.
B.
Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. The structural support of all canopies shall be designed by a licensed professional engineer and approved by the City as in compliance with the Building Code of the City. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in § 625-44 of this article. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.
(3)
Setback from curb. No canopy shall extend beyond a point four feet from the face of a wall or building.
(4)
Advertising. No advertising shall be placed on any canopy, except that the name of the establishment may be painted or placed in a space not exceeding 24 inches in average height on the front and side edges. Such name may be so painted or placed irrespective of any prohibition otherwise applicable hereunder.
(5)
Canopy insurance requirements. Every applicant for a permit for a canopy which will overhang the public street or sidewalk shall, before the permit is granted, file with the City Clerk-Treasurer a liability insurance policy with minimum limits of $50,000 for personal injury to any person and $100,000 for any one accident and $10,000 for property damage with shall indemnify and save harmless the City of Marion from any and all damages, judgments, costs or expense which said City of Marion may incur or suffer by reason of the granting of said permit.
§ 625-48 Abandoned billboards and signs.
Except as otherwise herein provided, all billboards and/or sign messages shall be removed by the owner or lessee of the premises upon which an off-premises sign/billboard is located when the business it advertises is no longer conducted where advertised. If the owner or lessee fails to remove the sign/billboard, the Common Council or its designee shall give the owner 30 days' written notice to remove said sign/billboard and thereafter, upon the owner's or lessee's failure to comply, may remove such sign/billboard, any costs for which shall be charged to the owner of the property or may be assessed as a special assessment against the property, and/or the Common Council, or its designee, may take any other appropriate legal action necessary to attain compliance.
§ 625-49 Violations and penalties.
A.
Any person, firm or corporation who or which begins, erects or completes the erection or construction of any sign controlled by this article prior to the granting of a permit shall pay a penalty of double the amount of the permit otherwise required.[1]
B.
If the City finds that any sign regulated herein is unsafe or insecure or is a menace to the public, it shall give written notice to the sign owner and to the property owner.
C.
If such sign owner fails to remove or alter the sign so as to comply with the standards herein set forth within five days after such notice, the Common Council may cause such sign to be removed or altered at the expense of the owner of the sign or the owner of the property upon which it is located so as to comply with the provisions of this article.