Markesan City Zoning Code
ARTICLE XXIII
Signs
§ 400-113 Purpose and intent.
The purpose of this article is to create the legal framework to regulate, administer and enforce outdoor sign advertising and display within the City. This article recognizes the need to protect the safety and welfare of the public, the need for well maintained and attractive sign displays within the community, and the need for adequate business identification, advertising and communication. This article authorizes the use of signs visible from public rights-of-way, provided the signs are:
A.
Compatible with the zoning regulations.
B.
Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety.
C.
Legible, readable and visible in the circumstances in which they are used.
D.
Respectful of the reasonable rights of other advertisers whose messages are displayed.
§ 400-114 Definitions.
For the purposes of this article, the following definitions shall apply:
A sign which no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere.
A business or group of businesses planned and developed as a single unit sharing off-street parking and whose principal activity involves games, arcades, sporting or other recreational activities in which the customer or patron participates.
The entire area within a single, continuous perimeter which encloses the extreme limits of advertising message, announcement or decoration of a wall sign.
The area of the largest single face of the sign within a perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section, or module, all areas shall be totaled. Any irregular-shaped sign area shall be computed using the actual sign face surface. In the case of wall signs, the area of copy shall be used.
A movable or fixed shelter supported from the exterior of a building and composed of rigid or nonrigid materials except for the supporting framework.
Any sign printed or displayed upon cloth or other flexible material, with or without frames.
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention, except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.
As defined in § 400-7.
[Added 4-14-2015 by Ord. No. 233]
A permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, glass or plastic.
A sign such as a manual, electronic or electric controlled time and temperature sign, message center or reader board, whether electronic, electric or manual, where copy changes. Any sign may be, or include as part of it, a changeable copy sign.
A sign not exceeding eight square feet in size which contains no message other than the word "Enter," "Exit," or "Drive-In" and is located within five feet of a driveway.
The net geometric area enclosed by the display surface of the sign, including the outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for freestanding signs, provided further that only one face of a double-faced sign, as defined in this section, shall be considered in determining the display surface area.
A sign with copy on two faces that are back-to-back of V-shaped facing in generally opposite directions.
Any sign containing internal electric wiring which is attached to or intended to be attached to an electrical energy source.
An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
Any sign that stands alone, not attached to any structure and is erected on one or more freestanding supports or uprights, whether portable or attached to real estate.
The length of the property line on any one premises parallel to and along each public right-of-way it borders. Said public right-of-way may be known as a frontage road.
See "freestanding sign."
A sign that does not meet code regulations.
Any sign not permanently attached to the ground or a building.
A parcel of land which, because of its unity of use, is one unit of real estate.
A sign which advertises goods, products, facilities or services not on the premises where the sign is located or directs persons to a different location from where the sign is installed and maintained.
Any sign identifying or advertising a business, person, activity, goods, products or services located on a premises where the sign is installed and maintained.
A sign which is attached to and projects from a building.
Any sign wholly erected, constructed or maintained on, or suspended above, the roof structure or parapet wall of any building.
A group of three or more commercial uses characterized by any one or more of the following:
Uses that are designated as a single commercial group, whether or not located on the same parcel.
Contiguous uses occupying premises that are under common ownership or management.
Uses that are connected by party walls, partitions, canopies or other structural members to form one continuous structure.
Uses which are located in separate buildings, but are interconnected by walkways, driveways or parking area which facilitate customer interchange between the uses.
Uses share a common parking area.
Uses otherwise present the appearance of a single continuous commercial development.
Any sign designed or placed so that it is visible from a lake or stream at any time of the year.
As defined in § 400-7.
[Amended 4-14-2015 by Ord. No. 233]
Any device or material which supports, has supported or is capable of supporting a sign in a stationary position, including decorative covers.
Any sign containing an advertised message readable by a person with normal visual acuity traveling on the interstate highway.
A sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall. This includes signs painted directly on a wall.
§ 400-115 Permitted and prohibited signs.
A.
All signs are prohibited in the Conservancy (CON) and all Residential (R-1) Districts, except the following:
(1)
Signs not requiring a permit.
(2)
Signs over 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 one foot in height and three feet in length.
(3)
Agricultural signs pertaining to the sale of agricultural products of a farm. Any sign shall be located upon the farm which it advertises and shall not exceed 32 square feet in area on all sides for any one farm.
(4)
Signs for churches, synagogues and similar places of worship and instruction, including parsonages, are allowed in all Residential (R-1) Districts and are subject to this article.
[Added 1-14-2020 by Ord. No. 255]
B.
Signs are permitted in the Agricultural (A), General Commercial (C-1), Mobile Home Park (R-3), Highway Commercial (C-2) and Industrial (I-1) Districts, subject to the following restrictions:
[Amended 2-28-2023 by Ord. No. 269]
(1)
Wall signs painted on, attached to or placed against the exterior walls of a building shall not extend more than 18 inches outside of a building's wall surface, shall not exceed 200 square feet in area for any one premises and shall not exceed 20 feet in height above the mean center line street grade; all such signs if on-premises shall conform to the criteria herein for such on-premises signs.
(2)
Projecting signs. Canopy signs shall be on-premises signs and the area of copy shall not exceed 200 square feet.
(3)
Freestanding signs shall not exceed 200 square feet in area per facing for on-premises signs and shall not exceed 200 square feet in area per facing for off-premises signs.
(4)
All shoreland signs visible to lake or stream users at any time of the year shall not exceed 100 square feet in area per facing on each side. All shoreland signs shall be on-premises regardless of the amount of water frontage.
(5)
No sign shall be erected at any location where it may, by reason of its position, shape, color or other characteristics, interfere with, obstruct the view of or be confused with any authorized traffic sign, traffic signal or other traffic device nor shall any sign make use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," "ENTER," "EXIT," "OPEN" or use any other word, phrase or symbol or character in such a manner as to interfere with, mislead or confuse traffic. "ENTER," "EXIT" and "DRIVE-IN" signs may be allowed by permit of the Common Council for use where such signs significantly aid the flow of traffic and provided further that the business for which said signs are requested shall have separate entrance and exit drives with curb cuts for each separated by a minimum distance of 10 feet.
(6)
No sign shall be placed upon or over any public way or right-of-way, providing that this subsection shall not be construed to prohibit direction or placement of any authorized traffic sign, traffic signal or other traffic device.
(7)
Signs on vehicles. Any sign on any vehicle, motorized or otherwise, licensed or unlicensed, may only be an off-premises sign and may only be parked or placed within General Commercial, Highway Commercial and Industrial Districts.
(a)
Such signs having been so placed for the purpose, apparent purpose or resulting purpose of advertising a business activity or public or private event shall not have a sign area in excess of 48 square feet in area per facing.
(b)
Such sign or vehicle shall not be parked within 100 feet of any other sign which requires a permit under this section. Such signs shall require application for and issuance of a permit.
(c)
Such sign or vehicle shall not be structured in such a way as to be a hazard to traffic or driver visibility. This shall not prevent any ordinary, legitimate business vehicle from parking in any area of the City, whether on-street or off-street, if the same is parked there for a legitimate purpose other than that of purely advertising.
(8)
Portable signs shall be limited to three per premises at any time and they shall meet all other requirements of this section.
(9)
Advertising balloons, kites or other such signs tethered to the ground or a structure are prohibited.
§ 400-116 Requirements.
A.
Spacing and lighting requirements shall be applied to all signs governed by this section as follows:
(1)
Spacing.
(a)
One freestanding sign shall be permitted for each full 200 feet of frontage on any highway, road or street which is open to the public and abutting said business premises; provided, however, that any business premises with less than 200 feet of total frontage shall be permitted one on-premises freestanding sign, and provided further that no segment of frontage along a single highway, road or street shall have more signs directed or oriented to or toward that segment than would be permitted based upon the number of feet of frontage in that segment. Signs placed pursuant to the terms of this subsection shall be removed prior to any sale, lease, assignment or transfer of property which would result in such signs failing to comply with the spacing requirements of this section. For purposes of this subsection, shopping centers and amusement parks shall be considered a single business premises.
(b)
Notwithstanding all other provisions stated herein, no freestanding sign shall be placed within 100 feet of any other freestanding sign.
(2)
All signs other than directional signs shall be set back a minimum of 50 feet from side property lines. A variance shall be permitted for one on-premises sign for property owners with less than 100 feet of frontage. The exact location permitted in such cases will be determined based upon the topography of the property and the location of existing structures. Variance may be allowed to other property owners where topography or location of existing buildings make compliance with this section difficult and an alternate location consistent with the intent and spirit of this section is proposed.
(3)
A sign structure may have displays back-to-back, side-by-side, decked or in V-type construction with no more than two displays to each facing, and each sign structure shall be considered one sign, provided that the greatest distance between faces of V-type constructed sign shall not exceed the width of the sign and all "V" and back-to-back signs have at least one point where the distance between facings does not exceed six feet.
(4)
Lighting. No sign shall be so illuminated so as to create or cause a hazard to vehicles or other traffic, or to obscure an official device, sign or signal.
(5)
Signs shall not be placed in such a way that they will obstruct existing signs.
(6)
Any electric sign shall comply with the shape, size, form or color of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape, and no sign shall be attached to a standpipe or interfere with traffic visibility nor be lighted in such a way as to cause glare or impair driver visibility upon the public highways.
B.
Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape, and no sign shall be attached to a stand pipe or interfere with traffic visibility nor be lighted in such a way as to cause glare or impair driver visibility upon the public highways.
C.
Permits.
(1)
No sign of any type or class, unless specifically exempted hereunder, shall be erected, changed, repaired, restructured, refused, moved or changed in any manner whatsoever, regardless of the extent or cost involved therein, unless an application for a permit shall have been submitted to the Building Inspector.
(2)
Application for a permit shall be filed with the Building Inspector upon forms provided and shall contain the following information:
(a)
The name, address and telephone number of the sign owner, the property owner where the sign is or will be located, and the sign contractor for the proposed sign.
(b)
Clear and legible scale drawings with description and nominal dimensions of the proposed sign and the construction, size, dimensions and kind of materials to be used in such structure. The site plan shall show the buildings on the premises upon which the structure is to be erected and maintained, together with location, size and types of existing signs on the premises where the proposed sign is to be located.
(c)
Photos of subject property and sign site.
(d)
Such other information as the Building Inspector may require to show full compliance with this section and this and all other applicable laws of the City.
(e)
A sworn statement of the replacement costs of said sign along with a complete copy of any lease agreement for said sign.
(f)
Signature of the applicant.
(g)
Payment for all required fees.
(3)
No application may be filed for any sign which has already been constructed and installed.
(4)
No separate permit is required for change of messages on changeable copy sign or change of messages on off-premises signs for which a prior permit has been issued.
(5)
A new and separate permit is required prior to any change in sign copy which would have the functional effect of changing the sign to a class of sign other than that described by a prior permit or prior use of the sign, and such permit shall not be granted unless the sign shall be in full conformity with all criteria applicable to the new class of sign which would follow from such change.
(6)
No permit shall be granted nor shall any copy be permitted on existing signs when the content of said sign or copy, in the judgment of the Common Council is untruthful, misleading, obscene or advertises any activity or business which is illegal under federal, state or municipal law.
(7)
No permit shall be required for the following types and classes of signs:
(a)
Construction signs. Construction signs with the principal purpose of identifying contractors, subcontractors or suppliers on a construction site shall be permitted without permits, provided that there shall not be more than one sign per construction site. No such sign shall be larger than 16 square feet and no sign shall remain for more than 60 days.
(b)
Government signs. Government signs for control of traffic and other regulatory purposes, danger signs, railroad crossing signs and signs of public utilities indicating danger, and aids to service of safety which are erected by or on the order or a public officer in the performance of his public duty.
(c)
Home occupation signs. Signs associated with a home occupation provided such signs are nonilluminated wall signs that do not exceed two square feet in area.
(d)
House numbers and name plates. House numbers and name plates not exceeding two square feet in area for each residential, commercial or industrial building.
(e)
Interior signs. Signs located within the interior of any building or structure or business premises which are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical or material specification of this section.
(f)
Memorial signs and plagues. Memorial signs or tablets, names of buildings and dates of erection which are cut into masonry surface or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material no more than four square of feet in area.
(g)
No trespassing or no dumping signs. No trespassing and no dumping signs not to exceed 1 1/2 square feet in area per sign.
(h)
Public notices. Official notices posted by public officers or employees in the performance of their duties.
(i)
Public signs. Signs required as specifically authorized for a public purpose by any law, statute or ordinance.
(j)
Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots, provided that said signs are subject to the following regulations:
[1]
Said signs may be erected no earlier than 30 days prior to the primary election and shall be removed within 30 days following said general election.
[Amended 4-14-2015 by Ord. No. 233]
[2]
Each sign shall not exceed 16 square feet in nonresidential zoning districts and 11 square feet in residential zoning districts.
[Amended 4-14-2015 by Ord. No. 233]
[3]
No sign shall be located within 15 feet of the public right-of-way of a street intersection nor over the right-of-way.
(k)
Real estate signs. One real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies and is not directly illuminated.
[1]
In residential districts, such signs shall not exceed eight square feet in area and shall be removed within 30 days after the sale, rental or lease has been accomplished.
[2]
In all other districts, such signs shall not exceed 16 square feet in area and shall be removed within 30 days after the sale, rental or lease has been accomplished.
(l)
Temporary window signs. In business, commercial and industrial districts, the inside surface of any ground floor window may be used for attachment of temporary signs. The total area of such signs, however, shall not exceed 50% of the total window area and shall not be placed on door windows or other windows needed to be clear for pedestrian safety.
(m)
Temporary signs which advertise an event and are no larger than 16 square feet in nonresidential zoning districts and 11 square feet in residential zoning districts. All signs temporarily displayed within the City shall be removed within 30 days after the event advertised. This provision shall not apply to billboards or other permanent signs advertising businesses or products.[1]
[Added 4-14-2015 by Ord. No. 233]
[1]
Editor's Note: These provisions were previously included as Section 9.16, Temporary signs.
(n)
On-premises symbols or insignia. Religious symbols, commemorative plaques of recognized historic agencies or identification emblems of religious orders or historical agencies.
(o)
On-premises temporary signs. Temporary signs not exceeding four square feet in area pertaining to drives or civic, philanthropic, educational, religious organizations, provided such signs are posted not more than 30 days before said event and removed within three days after the event.
(p)
Vehicular signs. Truck, bus, trailer or other vehicle while operating in the normal course of business, which is not primarily the display of signs.
(q)
Bulletin boards. Bulletin boards of public, charitable or religious organizations not to exceed eight square feet in area located on the premises.
(8)
Upon issuance of any sign permit, the applicant for said permit shall have a period of time of one year in which to complete the work or construction permitted pursuant to said permit. Any work required to complete such project after one year shall require a new permit.
D.
Violation or failure to comply with the provisions of this section shall be and hereby is declared to be unlawful.
(1)
Any sign other than a legal nonconforming sign found to be in violation of the terms of this section shall be removed at the owner's expense or brought into compliance within five days of mailing written notification by the Building Inspector to the address indicated on the original sign permit application or any amendment thereto. If no sign permit application is on file, notice may be sent to the owner of the real property on which such sign is located or to the business location advertised on such sign. In the event the owner does not remove or bring said sign in compliance, the Building Inspector may order removal, the expense of which will be assessed to the tax roll or the property on which the noncomplying sign is located.[2]
[2]
Editor's Note: Original Sec. 17.21(4)(d), providing penalties, which immediately followed this subsection, was repealed 4-14-2015 by Ord. No. 233.
E.
Legal nonconforming signs.
(1)
After enactment of this section, the Building Inspector shall survey the City to inventory all signs. Upon determination that a sign is nonconforming, the Building Inspector shall use all reasonable efforts to so notify, either personally or in writing, the user or owner of the property on which the sign is located of the following:
(2)
Signs eligible for classification as a legal nonconforming sign. Any sign located within the City on the date of adoption of this section or located in an area annexed to the City hereafter which does not conform with the provisions of this section is eligible for classification as a legal nonconforming sign and is permitted, providing it also meets the following requirements:
(3)
Loss of legal nonconforming status.
(a)
Purpose. The Common Council has determined that the public interest is served by reducing the number of signs constructed and maintained within the City. It is recognized that sign owners possess valuable property interests in said signs and for that reason the Common Council has also decided that it is in the public interest that legal nonconforming signs not be subject to sunset provisions. It is also the determination of the Common Council that legal nonconforming signs not be improved, reinstalled, reconstructed, replaced or have their useful life extended. Therefore, it is the Common Council's determination that, in the event of damage or destruction of a legal nonconforming sign not the result of a criminal act, the sign shall not be rebuilt.
(b)
A sign loses its nonconforming status if one or more of the following occurs:
[1]
The sign is structurally altered in any way, except for normal maintenance or repair, the cost of which shall not exceed 50% of the value of the sign structure.
[2]
The sign or sign structure is replaced, reconstructed or relocated.
[3]
The sign fails to conform to this section regarding maintenance and repair, abandonment or dangerous or defective signs.
[4]
The owner fails to comply with the provisions of this section.
[5]
On the date of occurrence of any of the above, the sign shall immediately be brought into compliance with this section with a new permit secured therefor or shall be removed.
[6]
Should any nonconforming sign be blown down, damaged or destroyed to the extent of 50% or more of the sign face or structure, or the cost of repair exceeds 50% of the value of the sign structure.
(4)
Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this section regarding safety, maintenance and repair of signs.
F.
Maintenance and repair.
(1)
Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, painting (except when a weathered or natural surface is intended), repainting, cleaning and other acts required for the maintenance of said sign.
(2)
The Building Inspector shall require compliance with all standards of this section. If the sign is not modified to comply with safety standards outlined in this section, the Inspector shall require its removal in accordance with this section.
G.
Abandoned signs.
(1)
All signs and sign messages shall be removed by the owner or lessee of the premises upon which a sign is located:
(2)
If the owner or lessee fails to remove the sign, the Building Inspector shall give notice to remove said sign pursuant to Subsection H below. Upon failure to comply with this notice, the City may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.
H.
Deteriorated or dilapidated signs. The Building Inspector shall cause to be removed any dilapidated signs under the provisions of § 66.0314, Wis. Stats.
I.
In the event that this section shall receive certification as a bona fide "determination of customary use" under § 84.30(4), Wis. Stats., and Wis. Adm. Code Trans. 201.20, the City shall pay the full costs of removing any sign which acquires nonconforming status under state or local law. Said costs shall include any liability of the state or federal government under § 84.30(6), Wis. Stats., or 23 U.S.C. § 131(g).
J.
Permit fees. Each application for a permit shall be accompanied by a permit fee as established by the Common Council, from time to time and payable in advance. In the event the permit is not granted, the permit fee shall not be refunded unless good cause shall be shown and the Common Council shall, by majority roll call vote, decide upon such refund.
[Amended 4-14-2015 by Ord. No. 233]
K.
Inspection fees. There shall be a biannual inspection fee for all signs requiring permits. The fee shall be in an amount for each sign as set from time to time by resolution of the Common Council. Such fees shall be due and payable July 15 of each odd-numbered year, commencing July 1, 1999. In the event of nonpayment of said fee, the amount due shall be assessed to the tax roll of the property on which the sign is located.
[Amended 4-14-2015 by Ord. No. 233]