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Marshall Village City Zoning Code

ARTICLE 1

H Signs And Billboards


(Revised Ord. 2012-10, October 09, 2012)

13-1-100 Purpose Of Sign And Billboard Regulations

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 and billboards.

13-1-101 Signs And Billboards -- Definitions

The following definitions are used in this Article:

  1. Awning. A temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.
  2. Billboard. 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.
  3. Blanketing. The unreasonable obstruction of view of a sign caused by the placement of another sign.
  4. Directly Illuminated Sign. 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.
  5. Directory Sign. Shall mean 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.
  6. Electronic Message Unit Sign. 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, charitable or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.
  7. Flashing Sign. 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.
  8. Ground and/or Pole Sign. Any sign which is supported by structures or supports in or upon the ground and independent of support from any building. (Also referred to as "Free Standing Sign.")
  9. Identification Sign. 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.
  10. Indirectly Illuminated Sign. Any sign that is illuminated from a source outside of the actual sign.
  11. Marquee Sign. Any sign attached to and made part of a marquee. A marquee is defined as 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.
  12. Non-commercial message sign. Any sign with a message intended to direct attention to a political, social, community, or public service issue or an idea, aim, viewpoint, aspiration, or purpose and is not intended to produce any commercial benefit or tends to encourage a commercial transaction.
  13. Nonconforming Sign. Any sign which does not conform to the regulations of this Article.
  14. Political Sign. Any sign containing a ‘political message’ and displayed during an ‘election campaign period’ as those terms are defined by Wis. Statute 12.04(1).
  15. Portable Sign. Any sign, such as a sandwich board sign, that is not permanently attached to the ground and which is designed to be easily moved from one location to another. Signs mounted on vehicles or trailers are not considered portable signs by this ordinance, and such signs are regulated by Sec. 13-1-107(b) of this ordinance.
  16. Projecting Sign. Any sign extending more than eighteen (18) inches, but less than five (5) feet from the face of a wall or building.
  17. Real Estate Sign. Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
  18. Roof Sign. Any sign erected upon or over the roof or parapet of any building.
  19. Sign. A sign shall include anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
  20. Temporary Sign. Any sign intended to be displayed for a short period of time, including real estate, political, construction site signs, non-commercial message signs, banners, signs placed in the ground on stakes or metal wires, decorative-type displays, inflatable or air-powered displays, flags containing a commercial message, wave banners, or anything similar to the aforementioned, which provide notice of an event of limited duration.
  21. Wall Sign. Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than eighteen (18) inches from such wall.
  22. Window Sign. Any sign located completely within an enclosed building and visible from a public way.

13-1-102 Sign Permits Required

  1. Permit Required. No persons shall erect, relocate, reconstruct or maintain any signs without first having obtained and having in force and effect a permit therefore from the Building Inspector.
  2. Permits. Signs other than temporary signs shall not be erected or altered until a permit has been issued by the Building Inspector. Alterations include, but are not limited to, changes in size or structure, changes in the location of ground or projection signs, addition of internal or external lighting, and the addition or removal of digital or electronic components. Alterations do not include routine maintenance or changes to the sign face that are contained within the existing structure or sign cabinet and do not involve a change in business name. Applications for a sign permit shall be made in writing upon forms furnished by the Zoning Administrator. The applicant shall file with the application plans and specifications, and provide information about the sign, including dimensions, materials, illumination, wiring, height above grade, distance from lot line, and by whom it shall be erected. Temporary signs do not require a permit except where indicated by this ordinance.
  3. Permit Fees. A permit fee shall be paid to the Village Clerk-Treasurer for each sign permit issued under this Article, provided, however, that a fee shall not be charged for putting an existing sign in conformity with this Article, or for a copy change when no change in business name is involved. The permit fee shall be in accordance with a fee schedule adopted by resolution of the Village Board.
  4. Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Building Inspector who will assure the sign complies with the regulations of this Article.
  5. Revocation of Permit; Appeal. The Building Inspector may, at any time for a violation of this Chapter, revoke a permit or require changes so the sign conforms to this Chapter. The holder of a revoked permit shall be entitled to an appeal before the Zoning Board of Appeals.

13-1-103 Specific Residential Sign Standards

In all residential districts established by this Chapter, the following non flashing, non illuminated signs are permitted under the conditions specified:

  1. Nameplate and Identification Signs. Subject to the following:
    1. Area and Content -- Residential. There shall be not more than one (1) nameplate, not exceeding one (1) square foot in area, for each dwelling unit, indicating the name or address of the occupant or a permitted occupation. On a corner lot, two (2) such nameplates for each dwelling unit (one facing each street) shall be permitted.
    2. Area and Content -- Nonresidential. For nonresidential buildings, a single sign, not exceeding nine (9) square feet in area may be displayed. On a corner lot, two (2) such signs (one facing each street) shall be permitted.
    3. Projection. Such signs shall be affixed flat against the wall of the building.
    4. Ground sign. One (1) ground sign, not exceeding nine (9) square feet in area and forty-two (42) inches in height, may be permitted in lieu of wall sign with Plan Commission approval, in instances where the Plan Commission deems such a ground sign will not be detrimental to surrounding residential properties. No part of such ground sign shall be located less than five (5) feet from front property line, and no less than ten (10) feet from any side property line.
    5. Height. No sign shall project higher than one (1) story or fifteen (15) feet above curb level, whichever is lower.
  2. "For Sale" and "To Rent” Signs. Subject to the following:
    1. Area and Number. There shall be not more than one (1) sign per zoning lot, except that on a corner zoning lot two (2) signs (one facing each street) shall be permitted. No sign shall exceed twelve (12) square feet in area nor be closer than eight (8) feet to any other zoning lot.
    2. Height. No sign shall project higher than one (1) story or fifteen (15) feet above curb level, whichever is lower, when attached to a building; detached or free-standing signs shall not be more than seven (7) feet in height, measured from the soil grade to the top of the sign post.
  3. Signs Accessory to Parking Area. Subject to the following:
    1. Area and Number. Signs designating parking area entrances or exits are limited to one (1) sign for each such exit or entrance, and to a maximum size of two (2) square feet each. One (1) sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine (9) square feet, shall be permitted. On a corner lot, two (2) such signs (one facing each street) shall be permitted.
    2. Projection. No sign shall project beyond the property line into the public way.
    3. Height. No sign shall project higher than seven (7) feet above curb level.
  4. Signs Accessory to Roadside Stands. Subject to the following:
    1. Content. The signs shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.
    2. Area and Number. The signs shall be on the same zoning lot as the roadside stand, and there shall be not more than two (2) signs per lot. No sign shall exceed twelve (12) square feet in area nor be closer than fifty (50) feet from any other zoning lot.
    3. Projection. No sign shall project beyond the property line into the public way.
    4. Height. No sign shall project higher than fifteen (15) feet above curb level.
  5. Temporary Signs Accessory to Subdivision Developments or Other Permitted Improvements in Residential Districts. Subject to the Following:
    1. Content. The signs shall be only for the purpose of identification of homes for sale or rent in the subdivision under construction, or for the identification of other nonresidential uses under construction.
    2. Area, Number and Setback. Such signs shall not exceed two (2) in number for each subdivision nor fifty (50) square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least fifty (50) feet from all other boundaries of the site.
    3. Height. No sign shall project higher than five (5) feet above curb level.
    4. Time Limitations. The sign or signs shall be removed by the applicant or property owner within two (2) years of the date of the issuance of the zoning certificate.
  6. Subdivision Identification Signs. Subject to the following:
    1. Content. The signs shall bear only the name of the subdivision or development.
    2. Area and Number. There shall be not more than one (1) sign located at each entrance to a subdivision. No sign shall exceed thirty-two (32) square feet in area.
    3. Height. No. sign shall project higher than six (6) feet above curb level; the Plan Commission may, however, temporarily authorize a larger sign for a period not to exceed two (2) years.
  7. Nonflashing, Illuminated Church Bulletin. Subject to the following:
    1. Area and Number. There shall be not more than one (1) sign per lot, except that on a corner lot, two (2) signs (one facing each street) shall be permitted. No sign shall exceed sixteen (16) square feet in area nor be closer than eight (8) feet from any other zoning lot.
    2. Projection. No sign shall project beyond the property line into the public way.
    3. Height. No sign shall project higher than one (1) story or fifteen (15) feet above the curb level, whichever is lower.

13-1-104 Specific Business And Industrial Sign Standards

Signs are permitted in all Nonresidential Districts, subject to the following restrictions:

  1. Signs Prohibited in Public Ways. No sign shall be placed upon, over or in any public way, provided that this Subsection shall not be construed to prohibit the erection or placing of any authorized traffic sign, traffic signal, or other traffic device, or any other signs authorized by law or specifically permitted to project into the public way by this Chapter or by the applicable authorizing agency.
  2. Signs Not to Constitute a Public Hazard. 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", or any other word which could be mistaken for an official sign.
  3. Illuminated Sign. No sign shall be illuminated by intermittent, rotating or flashing lights.
  4. Ground Signs. Ground signs shall be placed no closer than one (1) foot to the street right-of-way, shall have no projections and shall not exceed fifty (50) square feet in area. Ground signs shall not exceed twenty (20) feet in height above the mean centerline street grade.
  5. Vacant Lot Maintenance. Vacant lots upon which advertising signs now exist or which are erected pursuant to this Section shall be maintained in orderly fashion by the frequent and periodic removal of rubbish and maintenance of any vegetation growing on the lot.
  6. Sign Projection Restrictions. No sign shall project over any part of any public right of way except where a business structure is located on the front property line. In such case, a sign may not extend more than four (4) feet into any public right of way.
  7. Shopping Center Sign Restrictions. In a shopping center or industrial park, one free-standing identification sign for each street upon which the development fronts may be permitted showing the name of said center or park and represented business or industries. The area of said sign shall not exceed one hundred fifty (150) square feet total, and sign components for each individual tenant shall not exceed fifteen (15) square feet. Said sign shall not be permitted within three (3) feet of the right-of-way line of the street.
  8. Total Surface Display Area Restrictions. The total surface display area of business or industrial signs on the front facade of a building (or tenant of a multi-tenant building) shall not exceed in square feet two (2) times the number of linear feet of width of the building frontage (or business frontage width for tenants in multi-tenant building). In the case of a building located on a corner lot, such square foot display area on the side facing the secondary street may be increased by 1.0 times the number of linear feet of the length of the building (or business length for tenants in multi0tenant building) which faces the secondary street. Said increased permitted display area shall be used only for the erection of a permitted sign on the length of the building which faces the secondary street. Where the premises abut a parking lot, the total display area may be increased by 0.5 times the number of linear feet of the width or length of the building frontage (or business width for tenants in multi-tenant building) on such parking lot. Such increased display area shall only be utilized by the erection of a permitted sign on that part of the building which abuts said parking lot. In no case shall the wall area usable for sign display be in excess of two hundred (200) square feet and in no case shall more than one (1) of the above-mentioned criteria be used to calculate allowable sign area on any one (1) building facade.
    1. The following signage types may be excluded from maximum sign area calculations, if approved by the Plan Commission.
      1. Ground floor awnings containing text or logos located above windows or glazed entries.
      2. Permanent lettering or logos painted directly onto window or entry glazing. Such painted signage must leave the glazing substantially transparent.
      3. Logos and text on umbrellas located in any permitted outdoor seating area.
      4. Painted murals in non-street or rear building elevation. Murals are not permitted on street fronting building elevations. Murals shall contain graphics or logos in addition to text, and shall be professional in appearance. Secondary product advertising shall comprise no more than 20% of any mural.
  9. Number of Signs Permitted.
    1. No more than one (1) ground sign shall be permitted. On corner lots an additional ground sign may be installed on the secondary street frontage.
    2. Any number of wall, projection, canopy, and electronic message signs meeting the requirements of these regulations are permitted such that the total area of such signage does not exceed the maximum allowable size per Sec. 13-1-104(i).
  10. Directional Ground Signs. Necessary directional ground signs which shall not exceed four (4) square feet in area shall be permitted. Permission to erect such signs must be obtained from the Police Department and the Village Board.
  11. Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector, provided, however, that such lighting shall be arranged to prevent glare and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs or signs having moving parts, or signs which may be mistaken for traffic signal devices, or which diminish the visibility or effectiveness of such traffic signal devices are prohibited.
  12. Signs Causing Obstruction Prohibited. Any sign so erected, constructed or maintained as to obstruct or to be attached to any fire escape, window, door or opening used as means of ingress or egress, or for fire fighting purposes, or placed so as to interfere with any opening required for legal ventilation, is prohibited.
  13. Signs at Intersection Prohibited; No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct clear vision of the intersection.
  14. Canopy Signs Restricted. Signs shall be permitted to hang from canopies or covered-walks in Business or Industrial Districts provided that there shall be only one (1) sign, not to exceed five (5) square feet, for each business and that the sign shall be at least ten (10) feet above ground level.
HISTORY
Amended by Ord. 2023-05 on 10/25/2023

13-1-105 Miscellaneous Specific Sign Requirements

  1. Temporary Sign Limitations.
    1. All temporary signs such as real estate, construction site, garage sale, community event, and political signs shall provide notice of an event of limited duration and shall be removed within five (5) days after the event has ended, except for signage regulated by 13-1-105(a)(4).
    2. Temporary signs may be placed on a property, but shall not be located on a right-of-way terrace, and shall not interfere with driveway vision clearance.
    3. Non-commercial message signs that are not related to a specific event may be displayed indefinitely.
    4. Temporary commercial signage (excluding real estate and construction site signs) shall provide notice of a specific event such as a grand opening or going out of business sale, and such signage shall be removed immediately after the event has ended. No more than (1) such sign shall be displayed on a property at any time. In total, all temporary commercial signage on a property shall be displayed for no more than thirty (30) days per calendar year without Plan Commission approval.
    5. The total combined size of all temporary signs on a property shall not exceed 25 square feet without Plan Commission approval.
  2. Electronic Message Unit Signs.
    1. Such signs may be used only to advertise activities conducted on the premises or to present public service information.
    2. Segmented messages must be displayed for not less than one-half (1/2) second and more than ten (10) seconds.
    3. Traveling messages may travel no slower than sixteen (16) light columns per second and no faster than thirty-two (32) columns per second.
  3. Portable Signs.
    1. The maximum size shall be twenty-five (25) square feet (total of each face, back to back.)
    2. Portable signs shall be displayed during business hours only.
    3. Portable signs shall not be placed in a public right of way without Plan Commission approval, except where building is located on the front property line so long as such signage does not obstruct pedestrian pathways or vehicular traffic, does not obstruct views at intersections, and does not otherwise constitute a safety hazard.
    4. No more than (1) portable sign shall be displayed for any business.
  4. Location Adjacent to Residence District. No advertising signs shall be permitted within seventy-five (75) feet of any residence district boundary line unless said sign is completely screened from said residence district by a building, solid fence, or an evergreen planting, which planting shall be not more than two (2) feet shorter than the height of the sign at the time said evergreens are planted; said evergreens shall be spaced not more than one-half (1/2) the height of the tree for regular varieties and one-third (1/3) the height of the tree for columnar varieties of trees; said evergreen planting shall be continuously maintained.
  5. Sign Mounting. All signs shall be mounted in one of the following manners:
    1. Flat against a building or wall;
    2. Back to back in pairs so that the back of the sign will be screened from public view;
    3. In clusters in an arrangement which will screen the back of the signs from public view; or
    4. Or otherwise mounted so that the backs of all signs or sign structures showing to public view shall be painted and maintained a neutral color or a color that blends with the surrounding environment.

13-1-106 Exceptions To Sign Regulations

The following signs and related items shall not be included in the application of the regulations contained in this Article:

  1. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
  2. Flags and insignia of any government, except when displayed in connection with commercial promotion.
  3. Legal notices, identification information or directional signs erected by governmental bodies.
  4. Integral decorative or architectural features of buildings, except letters, trade-marks, moving parts or moving lights.
  5. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
  6. Signs erected by National, State, County or Municipal Governmental Agencies, including traffic and informational signs.
  7. Window signs directing attention to a business or profession conducted on the premises, or to a product, service or entertainment sold or offered on said premises, shall be permitted without a permit.

13-1-107 Prohibited Signs

  1. No sign will be permitted that resembles the size, shape, form or color of official traffic control signs, signals or devices.
  2. No persons shall park any vehicle or trailer on a public right-of-way or public property or on private property so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises.
    1. This Subsection shall not prohibit "For Sale" signs on vehicles for sale provided the vehicle is not parked on a public right-of-way.
  3. No sign in a conspicuous state of disrepair shall be permitted to exist. The Village Board may order removal on a twenty (20) day public notice or immediately if public danger exists.

13-1-108 Dangerous And Abandoned Signs; Violations

  1. Removal. All signs 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 six (6) months or when, in the judgment of the Building Inspector, 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 Building Inspector may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the Building Inspector's decision to the Board of Appeals.
  2. Alterations. Any sign which was erected before the adoption of this sign Article shall not be rebuilt or relocated without conforming to all of the requirements of this Article.
  3. 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 of Ordinances. In addition to the above penalty provisions for violation of this Chapter, the Village Board or Building Inspector may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.

13-1-109 Variances Or Exceptions

Variances or exceptions to these sign regulations may be granted by the Board of Appeals.

13-1-110 Construction And Maintenance Regulations For Signs

  1. Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept legible 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 as determined by all applicable codes.
  2. General Requirements.
    1. Awnings. The lowest part of any awning shall be no less than seven (7) feet above the sidewalk.
    2. Animated Signs. Signs with any moving parts or beacon lights shall not be permitted.
    3. Flashing Signs. Flashing signs will not be permitted.
    4. Roof Signs. No sign shall be located so as to project above the parapet line, unless approved by the Building Inspector.
    5. Illuminated Signs. Any illuminated signs shall not interfere with traffic.
    6. Projection. Signs including supports shall not interfere with traffic.
    7. Blanketing. Blanketing of signs shall not be allowed.
    8. Maintenance. All signs, including supports and attachments, shall be legible and properly maintained.
  3. Requirements Per Zoning District.
    1. Exceptions to Height and Setback Requirements. Signs may be allowed in the setback area if they are below three (3) feet or are pole mounted and above twelve (12) feet to the bottom of the sign. The pole diameter of pole-mounted signs shall not exceed twelve (12) inches and the sign shall be located so as to project above the parapet line, unless approved by the Building Inspector.
    2. Prohibitions.
      1. No sign shall be erected so that any portion of the sign or its supports attach to or interfere with the free use of any fire escape, exit, any required stairway, door, ventilator or window.
      2. No sign shall be erected that will interfere with, obstruct, confuse, or mislead traffic.
  4. Residential Development Identification Signs. Residential development identification signs shall not exceed thirty-two (32) square feet in sign area. A maximum of two (2) such signs is permitted per development after review and approval by the Building Inspector.
  5. Search Lights. The Village Board 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 ten (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 (5) days in any six (6) month period.
  6. Signs on Public Rights-of-Way. Signs shall not be permitted on public right-of-ways except for traffic control, parking and directional signs and as otherwise specified in this Chapter. A sign in direct line of vision of any traffic signal, from any point in the traffic lane from a position opposite the near sidewalk line to a position one hundred fifty (150) feet before said sidewalk line shall not have red, green, or amber illumination.
  7. Wind Pressure and Dead-Load Requirements. All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the Village.

13-1-111 Nonconforming Signs

  1. Signs Eligible For Characterization as Legal Nonconforming. Any sign located within the Village of Marshall limits of the date of adoption of this Chapter or located in an area annexed to the Village of Marshall hereafter which does not conform to the provisions of this Article is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements:
    1. The sign was covered by a proper sign or building permit prior to the date of adoption of this Sign Code.
    2. If no permit was required under the applicable law for the sign in question and the sign was in all respects in compliance with applicable law on the date of adoption of this Sign Code.
  2. Loss of Legal Nonconforming Status. A sign loses its nonconforming status if one (1) or more of the following occurs:
    1. The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this Article than it was before alteration;
    2. The sign is relocated;
    3. The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs;
    4. On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this Article or shall be removed.
  3. Legal Nonconforming Sign Maintenance and Repair. Nothing in this Article shall relieve the owner or use of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this Article regarding safety, maintenance and repair of signs.

13-1-112 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-premise sign/billboard is located when the business it advertised is no longer conducted where advertised. If the owner or lessee fails to remove the sign/billboard, the Building Inspector shall give the owner sixty (60) 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 Village Board or Building Inspector may take any other appropriate legal action necessary to attain compliance.

2023-05