Mayville Dodge County
City Zoning Code
City Zoning Code
ARTICLE XI
Signs
§ 430-76 Intent.
The intent 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 and the need for well-maintained and attractive sign displays within the community and the need for adequate business identification, advertising and communication. This chapter authorizes the use of signs visible from public rights-of-way, provided that 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.
§ 430-77 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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.
The entire area within a single, continuous perimeter composed of squares or rectangles which encloses the extreme limits of the 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 signs may be placed. If the sign consists of more than one section or module, all areas will 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 will be used.
See "off-premises sign."
That portion of a building which is parallel or nearly parallel to the abutting roadway.
Any sign which promotes the name and type of business only on the premises where it is located.
Any sign attached to or constructed, in, on, or under a canopy or marquee. For the purpose of this chapter, canopy signs shall be controlled by the rules governing projecting signs.
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 message sign.
The geometric area in square feet that encloses the actual copy of the sign.
Any sign which serves to designate the location or direction of any place or area, up to 15 square feet in area and not exceeding 12 feet in height.
A sign with copy on two parallel faces that are back to back, facing in opposite directions.
A sign containing internal electrical wiring which is attached or intended to be attached to an electrical energy source.
A person, partnership, or corporation who or which, in the normal course of business, frequently installs and maintains electric signs.
A changeable message sign whose message is electrically activated, such as with light bulbs or mechanical flip discs.
Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including changeable message signs.
A divided trafficway in respect to which abutting property owners and others have only limited access to and from as determined by the public authority having jurisdiction over such trafficway.
Any sign located with the sign positioned for primary reading from the freeway.
The length of the property line of 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."
The elevation or level of the street closest to the sign to which reference is made, measured at the street's center line.
A sign erected on one or more freestanding supports or uprights and not attached to any building.
The area of a sign determined by using the outside perimeter dimensions of the sign. If the sign consists of more than one module or section, their areas will be totaled. If the modules are formed in the shape of letters or symbols, the rules for area or copy apply.
The vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign.
A nonconforming sign that did meet code regulations when it was originally installed.
A sign which advertises goods, products, 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.
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 not permanently attached to the ground or building.
A sign, normally double-faced, which is attached to and projects from a structure or building fascia. The area of projecting signs is calculated on one face only.
A sign erected upon, against or above a roof.
A hinged or unhinged A-frame portable sign which is generally temporary in nature and placed near the roadway.
Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs shall also include all sign structures.
Any person, partnership or corporation engaged in whole or in part of the erection or maintenance of signs, excluding the business which the sign advertises.
That person charged with the responsibility to see that signage in the community is installed and maintained in compliance with this chapter.
Any device or material which supports, has supported, or is capable of supporting a sign in a stationary position, including decorative covers.
A sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
A sign attached to the wall or building with the face in a parallel plane to the plane of the building wall. This includes signs painted directly on a wall.
A sign installed on a window for purposes of viewing from outside the premises.
§ 430-78 Permit procedure.
A.
Permits required. It shall be unlawful for any person to erect, construct, enlarge or structurally modify a sign or cause the same to be done in the City without first obtaining a sign permit for each such sign from the Building Inspector as required by this chapter. Permits shall not be required for a change of copy on any sign, nor for the repainting, cleaning, and other normal maintenance and repair of the sign and sign structure.
B.
Application for a permit. Application for a permit shall be filed with the Building Inspector upon forms provided by the Building Inspector and shall contain the following information:
(1)
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 of the proposed sign.
(2)
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.
(3)
Calculations or evidence showing that the structure and design meet the requirements of this article for wind pressure load.
(4)
Evidence of liability, insurance policy or bond as required in this article.
(5)
Photos of subject property and sign site.
(6)
Such other information as the Building Inspector may require to show full compliance with this chapter and all other applicable laws of the City.
(7)
Signature of the applicant.
(8)
Check for all required fees.
C.
Permit fees. Application for permit shall be filed with the Building Inspector together with a permit fee for each sign in accordance with the schedule provided.
D.
Signs requiring an annual special permit and inspection. Any sign which is permitted to extend beyond the lot line and into or over the highway, sidewalk or public right-of-way shall require a special annual permit therefor from the Building Inspector along with evidence of public liability insurance.
E.
Permit issuance and denial. The Building Inspector shall issue a permit for the erection, structural alteration, enlargement, or relocation of a sign within the City when the permit application is properly made, all appropriate fees have been paid, and the sign complies with the appropriate laws and regulations of the City. If the sign permit is denied by the Building Inspector, he shall give written notice of the denial to the applicant, together with a brief statement of the reasons for the denial, along with the return of all permit fees and papers.
F.
Sign permit appeal.
(1)
In the event that any of the requirements contained in this article cause undue or unnecessary hardship on any person, firm or corporation, a variance from the requirements may be applied for to the Zoning Board of Appeals. An application for variance must be made within 10 days after receipt of notice that the sign involved does not conform to this article. In the event that the appeal is not made in writing to the Zoning Board of Appeals within such ten-day period, a variance may not be granted. The Zoning Board of Appeals is to take action on any variance request within 60 days of receipt of the variance application. The Building Inspector shall comply with and enforce the Zoning Board of Appeals decision.
(2)
The Building Inspector's failure to either formally grant or deny a sign permit within 10 days of the date an application meeting the requirements of this article is filed shall be cause for appeal to the Zoning Board of Appeals.
G.
Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining signs which involves, in whole or in part, the erection, alteration, relocation, or maintenance of a sign or other sign work in, over, or immediately adjacent to a public right-of-way or on public property which is used or encroached upon by the sign contractor shall agree to hold harmless and indemnify the City, its officers, agents, and employees from any and all claims of negligence resulting from the erection, alteration, relocation, or maintenance of this sign or any other sign work insofar as this article has not specifically directed the placement of the sign.
H.
Remedies. Violation or failure to comply with the provisions of this article shall be and is declared to be unlawful.
(1)
Any sign erected, altered, moved or structurally modified without a permit or altered with a permit but in violation with the provisions of this article shall be removed at the owner's expense or brought into compliance within 30 days of written notification by the Building Inspector. If the violation is failure to obtain a permit, a permit fee shall be required and the permit fee shall be five times normal fees. In the event that the owner does not remove or bring into compliance, the Building Inspector may order removal, the expenses of which will be assessed to the tax roll of the property on which the noncomplying sign is located.
(2)
This section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this article.
§ 430-79 Legal nonconforming signs.
A.
Notification of nonconformance. After enactment of this chapter, the Building Inspector shall survey the City to inventory all signs. Upon determination that a sign is nonconforming, the Building Inspector shall use reasonable efforts to so notify, either personally or in writing, the user and owner of the property on which the sign is located of the following:
B.
Signs eligible for characterization as legal nonconforming signs. Any sign located within the City limits as of the date of adoption of this chapter, or located in an area annexed to the City 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 also meets the following requirements:
(1)
If no permit was required under 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 chapter.
C.
Loss of legal nonconforming status.
(1)
A sign loses its nonconforming status if one or more of the following occurs:
(a)
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.
(b)
The sign is relocated.
(c)
The sign fails to conform to the regulations regarding maintenance and repair, abandonment, or 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.
D.
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 in which the sign is located from the provisions of this article regarding safety, maintenance, and repair of the signs.
§ 430-80 Removal and disposition of signs.
A.
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 replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign.
(2)
The Building Inspector shall require compliance with all standards of this article. If the sign is not modified to comply with safety standards outlined in this article, the Building Inspector shall require its removal in accordance with this section.
B.
Abandoned signs. All signs or sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertises is no longer conducted or, for an off-premises sign, when lease payment and rental income are no longer provided. If the owner or lessee fails to remove the sign, the Building Inspector shall give the owner 60 days' written notice to remove said sign. Upon failure to comply with this notice, the City may cause removal to be executed, the expense of which will be assessed to the tax roll of the property on which the abandoned sign is located.
C.
Deteriorated or dilapidated signs. The Building Inspector shall cause to be removed any deteriorated or dilapidated signs under the provisions of Wisconsin Statutes.
§ 430-81 Administration and enforcement.
A.
The Building Inspector is designated as the official responsible for administration and enforcement of this article.
B.
The Building Inspector shall examine all applications for permits for the erection of signs, issue permits and denials, authorize the continued use of signs which conform to the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents, and make such reports as the City may require.
§ 430-82 Prohibited signs.
The following signs shall be prohibited within the City:
A.
Abandoned signs.
B.
Flashing or moving signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights of over 15 watts per lamp, and no animated sign may be located within 300 feet of any illuminated traffic control or warning light. Changeable message signs are not subject to this presentation. Signs with physically moving components visible from the public right-of-way are not permitted except for those which revolve around a vertical axis at speeds less than seven revolutions per minute.
C.
Swinging signs.
D.
Floodlighted signs. Reflection-illuminated signs whose light source is positioned so that 25% or more of its light intensity is visible from a public right-of-way by vehicular traffic or whose light source is visible from residential property are prohibited.
E.
Roof signs.
G.
Off-premises signs located in the public right-of-way, excepting public directional safety or traffic control signs.
§ 430-83 Signs not requiring permit.
The following signs do not require a permit:
A.
Construction signs. Two construction signs per construction site, not exceeding 100 square feet in area each, which shall be confined to the site of construction and shall be removed 30 days after completion of construction or prior to occupancy, whichever is sooner.
B.
Directional and instructional nonelectric signs which provide instruction or direction and are located entirely on a property to which they pertain and do not exceed eight square feet each in area and do not in any way advertise a business. This includes, but is not limited to, such signs as those identifying rest rooms, telephones, parking areas, entrances, and exits.
C.
On-premises nonilluminated emblems or insignia of any nation or political subdivision or profit or nonprofit organization.
D.
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 or safety which are erected by or on the order of a public officer in the performance of his public duty.
E.
Home occupation signs. Signs associated with a home occupation as defined in this chapter, provided that such signs are nonilluminated wall signs that do not exceed two square feet in area.
F.
House numbers and nameplates. House numbers and nameplates not exceeding two square feet in area for each residential, commercial or industrial building.
G.
Interior signs. Signs located within the interior of any building or structure which are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical, or material specifications of this article.
H.
Memorial signs and plaques. Memorial signs or tablets, names of buildings and date of erection which are cut into the masonry surface or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material not more than four square feet in area.
I.
"No Trespassing" or "No Dumping" signs. "No Trespassing" and "No Dumping" signs not to exceed 1 1/2 square feet in area per sign.
J.
Public notices. Official notices posted by public officers or employers in the performance of their duties.
K.
Public signs. Signs required as specifically authorized for a public purpose by any law, statute or ordinance.
L.
Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots, provided that the sign is only displayed during the election campaign period as defined in § 12.04(1), Wis. Stats., does not exceed 16 square feet in area and is not located within a public right-of-way or vision clearance triangle.[1]
M.
Real estate signs. One real estate sales sign on any lot or parcel, provided that 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 six 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 32 square feet in area and shall be removed within 30 days after the sale, rental, or lease has been accomplished.
N.
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 such signs shall not be placed on door windows or other windows needed to be clear for pedestrian safety.
O.
On-premises symbols or insignia. Religious symbols, commemorative plaques of recognized historic agencies or identification emblems of religious orders or historic agencies.
P.
On-premises temporary signs. Temporary signs not exceeding four square feet in area pertaining to drives or events of civic, philanthropic, educational, or religious organizations, provided that such signs are posted not more than 30 days before said event and removed within 15 days after the event.
Q.
Vehicular signs. A truck, bus, trailer or other vehicle, while operating in the normal course of business, which is not primarily the display of signs.
R.
Neighborhood identification signs. In any zone, a sign, masonry wall, landscaping, or other similar material and feature may be combined to form a display for neighborhood or subdivision identification, provided that the legend of such sign or display shall consist only of the neighborhood or subdivision name.
S.
Awnings. Awnings with signs consisting of one line of copy upon the border of the awnings.
§ 430-84 Construction specifications.
A.
All signs shall comply with the provisions of Chapter 164, Building Construction, of this Code and the National Electrical Code, as amended, and the additional construction standards hereinafter set forth.
B.
All ground sign structures shall be self-supporting structures and permanently attached to sufficient foundations.
C.
Electric service to ground signs shall be concealed wherever possible.
D.
All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:
(1)
For solid signs, 30 pounds per square foot on the largest face of the sign and structure.
(2)
For skeleton signs, 30 pounds per square foot of the total face cover of the letters and other sign surfaces, or 10 pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.
E.
No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.
F.
Supports and braces shall be an integral part of the sign design. Ankle irons, chains, or wires used for supports or braces shall be hidden from public view to the extent technically feasible.
G.
All electrical signs shall be marked with the manufacturer's name in a size which is easily visible from the ground. All electrical signs shall also include:
§ 430-85 Installation and maintenance.
A.
Safety. All signs shall be installed and maintained in a workmanlike manner using equipment which is adequate and safe for the task. This chapter recognizes that one of the greatest perils to public safety is improper performance of sign installers in the use of inadequate equipment. As such, the Building Inspector may deny a sign permit if the sign installer does not have or does not arrange for use of adequate equipment. The Building Inspector may also cite the sign installer for a violation of this article if he fails to use proper equipment in the maintenance of signs.
B.
Electric signs. This chapter recognizes that electric signs are controlled under the special equipment provisions of the National Electric Code (Article 600) and Chapter 203, Electrical Standards, of this Code. It also recognizes that electric sign contractors have developed a specialized trade of high-voltage discharge electric sign installation and maintenance to properly install and service high-voltage electric signs. Electric sign contractors and their employees are authorized to perform the following specific tasks:
(1)
Install exterior electric signs, ballasts, or high-voltage transformers to sockets or outline lighting tubes, and may connect said signs to the primary branch circuit if said circuit already exists outside of the building.
(2)
Install interior electric signs, but may not connect said signs to the primary branch circuit.
(3)
Maintain and replace any electric component within the sign, on its surface, or between the sign and building for exterior signs only. This article prohibits the electric sign contractor or its employees from performing work on electric signs in contradiction to the National Electrical Code and Chapter 203, Electrical Standards, of this Code.
§ 430-86 General design requirements.
A.
A ground sign, any part of which is closer than 15 feet to the right-of-way, shall have a minimum vertical distance of 10 feet between the bottom of the sign and the grade at the right-of-way line or shall not be more than two feet in height.
B.
Any ground sign or projecting sign within 25 feet of an intersection or 15 feet of a driveway, measured from the point of intersection with a right-of-way, shall maintain a minimum of 10 feet between the bottom of the sign and the grade at the right-of-way line or shall be not more than two feet in height.
C.
All other projecting and canopy signs shall maintain a minimum vertical distance between the bottom of the sign and the grade at the right-of-way line of eight feet.
D.
Projecting signs may extend not further than eight feet from the building to which they are attached.
E.
No sign may extend closer than five feet to the vertical plane of the street curb or, if no curb exists, not more than six feet beyond the vertical plane of the Official Map right-of-way line. No sign structure may be located in the right-of-way.
F.
Off-premises signs facing the same direction may be spaced no closer than 100 feet.
G.
The gross area of permanent window signs shall not exceed 15% of the gross window area of any given building fascia.
H.
Any sign location that is accessible to vehicles shall have a minimum vertical clearance of 16 feet [see National Electrical Code Section 600.1(B)].
I.
No sign facing a residential district shall be closer than 25 feet to that district line.
J.
Surface display area. The total surface display area of business or industrial signs on the front facade of a building shall not exceed three square feet per linear foot of width of the building frontage. In the case of a building located on a corner lot, such display area on the side facing the secondary street may be increased by one square foot per linear foot of the length of the 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 square foot per linear foot of width or length of the building fronting on such parking lot. Such increased display area shall only be utilized for 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 200 square feet, and in no case shall more than one of the above-mentioned criteria be used to calculate allowable sign area on any one building facade.
K.
Shopping centers or industrial parks. In a shopping center or industrial park, one freestanding identification sign may be permitted showing the name of said center or park and the represented businesses or industries. The area of said sign shall not exceed 100 square feet on one face and 200 square feet on all faces. Said sign shall not be permitted within 20 feet of the right-of-way line of the street.
L.
Directional signs. Necessary directional ground signs, not exceeding four square feet in area, will be permitted. Permission to erect such signs must be obtained from the Police Department and from the Plan Commission.
M.
Maximum number of signs. There shall not be more than two signs per side of any building consisting of not more than one projecting sign and one facade sign.
N.
The maximum size of any projecting sign shall be 24 square feet.
§ 430-87 Special signs requiring permits.
A.
Subdivision development signs. The Building Inspector may issue a special permit for a temporary sign in any zone in connection with the marketing of lots or structures in a subdivision, subject to the following restrictions:
(1)
Such permits may be issued for a period of not more than one year and may be renewed for an additional period of up to one year and upon written application at least 30 days prior to its expiration.
(2)
"Sign" as used in this section refers to all types of signs except those excepted or prohibited by this article.
(3)
The sign must be located on the property being developed and must comply with all applicable building setback requirements.
(4)
The sign may not exceed 80 square feet.
(5)
One sign is allowed for each major street adjacent to the subdivision.
B.
Banners and other promotional devices.
(1)
Banners, pennants, searchlights or balloons shall not be used on a permanent basis. They may be permitted as a special promotion in a commercial or industrial establishment for a total period not to exceed 30 days and will be allowed in residential zones in conjunction with an open house or model home demonstration conducted by a realtor for up to five days before the opening of such a demonstration or five days after and not to exceed a total period of 30 days.
(2)
Over the street banners. Unlighted special event banners not exceeding 150 square feet in area are permissible over a street carriageway by special permit from the Building Inspector after presentation of proof of insurance along with installation specifications.
C.
Advertising vehicles. No persons shall park any vehicle or trailer on a public right-of-way 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. The Building Inspector may issue special permits for the parking of advertising vehicles for a period not to exceed five days per location.
§ 430-88 Unspecified signs.
The construction or erection of any sign not covered by the provisions contained in this article is not permitted without prior review and approval of the Plan Commission.