SIGNS AND BILLBOARDS8
Editor's note— Ord. No. 2011-12, adopted Dec. 13, 2011, amended Art. VII to read as herein set out. Former Art. VII, §§ 113-190—113-227, pertained to similar subject matter, and derived from Code 1993, §§ 13-1-140—13-1-152; Ord. No. 97-03, adopted Jan. 14, 1997; Ord. No. 03-02, adopted Jan. 14, 2003; and Ord. No. 03-14, adopted Aug. 12, 2003.
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.
(Ord. No. 2011-12, 12-13-2011)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Awning means 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.
Billboard means 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.
Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.
Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.
Directly illuminated sign means 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.
Directory sign means 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.
Electronic message unit sign means 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.
Flashing sign means 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.
Ground and/or pole sign means 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 freestanding sign.
Identification sign means 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.
Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.
Marquee sign means any sign attached to and made part of a marquee. The term "marquee" means a permanent rooflike 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.
Nonconforming sign means any sign which does not conform to the regulations of this article.
Portable sign means any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
Projecting sign means any sign extending more than 18 inches, but less than five feet from the face of a wall or building.
Real estate sign means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
Roof sign means any sign erected upon or over the roof or parapet of any building.
Sign means and includes anything that promotes, calls attention or invites patronage, or anything similar to the aforementioned, to a business, location or product.
Temporary sign means any sign intended to be displayed for a short period of time, including real estate, political or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.
Wall sign means any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.
Window sign means any sign located completely within an enclosed building and visible from a public way.
(Ord. No. 2011-12, 12-13-2011)
(a)
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 zoning administrator.
(b)
Application. Signs shall not be erected or altered until a permit has been issued by the zoning administrator. 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. Permits are not required for a copy change when no change in business name is involved.
(c)
Fees. A permit fee shall be paid to the zoning administrator 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.
(d)
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the zoning administrator who will assure the sign complies with the regulations of this article.
(e)
Revocation; appeal. The zoning administrator may, at any time for a violation of this article, revoke a permit or require changes so the sign conforms to this article. The holder of a revoked permit shall be entitled to an appeal before the zoning board of appeals.
(Ord. No. 2011-12, 12-13-2011)
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:
a.
Area and content. For residential buildings, there shall be not more than one nameplate, not exceeding one 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 such nameplates for each dwelling unit, one facing each street, shall be permitted.
b.
Nonresidential. For nonresidential buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two such signs, one facing each street, shall be permitted.
c.
Projection. Such signs shall be affixed flat against the wall of the building.
d.
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower.
(2)
Temporary "For Sale" and "To rent" signs. Subject to the following:
a.
Area and number. There shall be not more than one sign per zoning lot, except that on a corner zoning lot two signs, one facing each street, shall be permitted. No sign shall exceed 12 square feet in area nor be closer than eight feet to any other zoning lot.
b.
Projection. No sign shall project beyond the property line into the public way, boulevard, or rights-of-way.
c.
Height. No sign shall project higher than five feet in height, measured from the soil grade to the top of the sign.
d.
Permits. Are not required for temporary signs.
(3)
Signs accessory to parking area. Subject to the following:
a.
Area and number. Signs designating parking area entrances or exits are limited to one sign for each such exit or entrance, and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two such signs, one facing each street, shall be permitted.
b.
Projection. No sign shall project beyond the property line into the public way.
c.
Height. No sign shall project higher than five feet above curb level.
(4)
Temporary signs accessory to subdivision developments or other permitted improvements. Subject to the following:
a.
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.
b.
Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 50 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.
c.
Height. No sign shall project higher than five feet above curb level.
d.
Time limitations. The sign shall be removed by the applicant or property owner within two years of the date of the issuance of the zoning certificate.
(5)
Subdivision identification signs. Subject to the following:
a.
Content. The signs shall bear only the name of the subdivision or development.
b.
Area and number. There shall be not more than one sign located at each entrance to a subdivision. No sign shall exceed 32 square feet in area.
c.
Height. No sign shall project higher than six feet above curb level; the plan commission may, however, temporarily authorize a larger sign for a period not to exceed two years.
(6)
Nonflashing, illuminated church bulletins. Subject to the following:
a.
Area and number. There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted. No sign shall exceed 16 square feet in area nor be closer than eight feet from any other zoning lot.
b.
Projection. No sign shall project beyond the property line into the public way.
c.
Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.
(Ord. No. 2011-12, 12-13-2011)
Signs are permitted in all business and industrial 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 article. Signs may be placed upon, or in a public way, only if the underlying lease is primarily for a purpose other than a placement of a sign.
(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 foot to the street right-of-way, shall have no projections and shall not exceed two times in square footage the lineal feet of lot frontage. On a corner lot, the secondary street side ground sign may be one time in square footage the lineal feet of lot frontage. In no case shall the aggregate of all ground signs in a lot exceed 200 square feet as determined by the exterior dimensions of the sign panel frame. Ground signs shall not exceed 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)
Projection restrictions. No sign shall project over any part of any street, except where a business structure is located on the front property line. In such case, a sign may not extend more than four feet into any street.
(7)
Removal of signs at termination of business. At the termination of a business, commercial or industrial enterprise, all signs shall forthwith be removed from the public view. Responsibility for violation shall reside with the property owner according to the latest official tax roll listings.
(8)
Shopping center 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 60 square feet. Said sign shall not be permitted within 20 feet of the right-of-way line of the street.
(9)
Total surface display area restrictions. The total surface display area of business or industrial signs on the front facade of a building shall not exceed in square feet two times the number of linear feet of width of the building frontage. 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 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 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 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.
(10)
Projection of signs mounted on buildings restricted. Business and industrial signs mounted on buildings shall not be permitted to project more than four feet beyond the property line.
(11)
Number of signs. No more than one business or industrial sign shall be permitted on the front facade of any business or industrial building, including any advertisement permanently fastened to show windows or display cases. Only one business or industrial sign shall be permitted on each side or rear wall of a business or industrial building.
(12)
Directional ground signs. Necessary directional ground signs which shall not exceed four square feet in area shall be permitted. Permission to erect such signs must be obtained from the police department and the city engineering department representative.
(13)
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.
(14)
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.
(15)
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.
(16)
Canopy or marquee signs restricted. Signs shall be permitted to hang from canopies, marquees, or covered walks in business, commercial, or industrial districts, provided there shall be only one sign, not to exceed five square feet, for each business and the bottom of the sign shall be at least seven feet above ground level.
(17)
Signs in public places. Signs placed in public ways are subject to removal at the sign owner's expense should the city require use of the public way for any purpose. A waiver by the city of setback requirements shall not constitute a waiver of any other zoning code provisions.
(18)
Temporary ground signs in business district. A business located in a building fronting on a sidewalk in the business district zoning area shall be allowed to place a single temporary ground sign on the public sidewalk, provided the following criteria are followed:
a.
The sign shall always be placed as close as possible to the building.
b.
The sign extends at no point more than two feet into the right-of-way.
c.
The sign shall not reduce the unobstructed sidewalk to less than four feet at any point.
d.
The sign is removed by no later than 9:00 p.m. on each day displayed.
e.
The sign is nonilluminated.
f.
The sign has an outside dimension of no greater than two feet wide by five feet tall.
(Ord. No. 2011-12, 12-13-2011)
(a)
Temporary sign limitations.
(1)
All temporary signs such as real estate, construction site and political signs shall be removed within ten days after their use has discontinued.
(2)
Temporary signs may be placed on private property, and shall not be located within a street or public right-of-way, and shall not interfere with street intersection or driveway vision clearance.
(b)
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 second, nor more than ten seconds.
(3)
Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.
(c)
Portable signs.
(1)
Such signs shall be limited in use to 30 days at a time, and not more frequently than three times per year at any one location.
(2)
The maximum size shall be 25 square feet on each face, back to back.
(d)
Location adjacent to residence district. No advertising signs shall be permitted within 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 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 the height of the tree for regular varieties and one-third the height of the tree for columnar varieties of trees; said evergreen planting shall be continuously maintained.
(e)
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)
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.
(f)
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.
(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 signs per lot. No sign shall exceed 12 square feet in area and be closer than 50 feet to 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 15 feet above pavement level.
(Ord. No. 2011-12, 12-13-2011)
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 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, trademarks, 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.
(Ord. No. 2011-12, 12-13-2011)
(a)
No sign will be permitted that resembles the size, shape, form or color of official traffic control signs, signals or devices.
(b)
No persons shall park for a period longer than 48 hours 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, unless that vehicle or trailer is moved a minimum of ten feet from the former location. This subsection shall not prohibit "For Sale" signs on vehicles for sale, provided the vehicle is not parked on a public right-of-way.
(c)
No sign in a conspicuous state of disrepair shall be permitted to exist. The common council may order removal on a 20-day public notice or immediately if public danger exists.
(Ord. No. 2011-12, 12-13-2011)
(a)
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 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.
(b)
Alternations. Any sign which was erected before the adoption of the ordinance from which this article was derived shall not be rebuilt or relocated without conforming to all of the requirements of this article.
(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. In addition to the penalty provisions for violation of this chapter, the common council or building inspector may bring an action to abate the nuisance in the manner set forth in the state statutes.
(Ord. No. 2011-12, 12-13-2011)
Variances or exceptions to these sign regulations may be granted by the board of appeals.
(Ord. No. 2011-12, 12-13-2011)
(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 building inspector.
(b)
General requirements.
(1)
Awnings. The lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning or hanging on the frame, but not below seven feet.
(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 properly maintained and have an appearance that is neat and clean.
(c)
Requirements per zoning district.
(1)
Exceptions to height and setback requirements. Signs may be allowed in the setback area if they are below three feet or are pole mounted and above 12 feet to the bottom of the sign. The pole diameter of pole-mounted signs shall not exceed 12 inches and the sign shall be located so as to project above the parapet line, unless approved by the building inspector.
(2)
Prohibitions.
a.
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.
b.
No sign shall be erected that will interfere with, obstruct, confuse, or mislead traffic.
(d)
Searchlights. The zoning administrator 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 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.
(e)
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for traffic control, parking and directional signs and as otherwise specified in this article. A sign in the 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 150 feet before said sidewalk line shall not have red, green, or amber illumination.
(f)
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 30 pounds per square foot of area; and shall be constructed to receive dead loads as required in the building code or other city ordinances.
(Ord. No. 2011-12, 12-13-2011)
(a)
Characterization as legal nonconforming. Any sign located within the city limits of the date of adoption of the ordinance from which this chapter is derived or located in an area annexed to the city hereafter which does not conform with 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 the ordinance from which this article was derived.
(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 the ordinance from which this article is derived.
(b)
Loss of legal nonconforming status. 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, 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 city 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.
(c)
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.
(Ord. No. 2011-12, 12-13-2011)
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 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 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 common council or building inspector may take any other appropriate legal action necessary to attain compliance.
(Ord. No. 2011-12, 12-13-2011)
SIGNS AND BILLBOARDS8
Editor's note— Ord. No. 2011-12, adopted Dec. 13, 2011, amended Art. VII to read as herein set out. Former Art. VII, §§ 113-190—113-227, pertained to similar subject matter, and derived from Code 1993, §§ 13-1-140—13-1-152; Ord. No. 97-03, adopted Jan. 14, 1997; Ord. No. 03-02, adopted Jan. 14, 2003; and Ord. No. 03-14, adopted Aug. 12, 2003.
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.
(Ord. No. 2011-12, 12-13-2011)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Awning means 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.
Billboard means 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.
Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.
Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.
Directly illuminated sign means 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.
Directory sign means 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.
Electronic message unit sign means 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.
Flashing sign means 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.
Ground and/or pole sign means 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 freestanding sign.
Identification sign means 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.
Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.
Marquee sign means any sign attached to and made part of a marquee. The term "marquee" means a permanent rooflike 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.
Nonconforming sign means any sign which does not conform to the regulations of this article.
Portable sign means any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
Projecting sign means any sign extending more than 18 inches, but less than five feet from the face of a wall or building.
Real estate sign means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
Roof sign means any sign erected upon or over the roof or parapet of any building.
Sign means and includes anything that promotes, calls attention or invites patronage, or anything similar to the aforementioned, to a business, location or product.
Temporary sign means any sign intended to be displayed for a short period of time, including real estate, political or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.
Wall sign means any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.
Window sign means any sign located completely within an enclosed building and visible from a public way.
(Ord. No. 2011-12, 12-13-2011)
(a)
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 zoning administrator.
(b)
Application. Signs shall not be erected or altered until a permit has been issued by the zoning administrator. 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. Permits are not required for a copy change when no change in business name is involved.
(c)
Fees. A permit fee shall be paid to the zoning administrator 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.
(d)
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the zoning administrator who will assure the sign complies with the regulations of this article.
(e)
Revocation; appeal. The zoning administrator may, at any time for a violation of this article, revoke a permit or require changes so the sign conforms to this article. The holder of a revoked permit shall be entitled to an appeal before the zoning board of appeals.
(Ord. No. 2011-12, 12-13-2011)
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:
a.
Area and content. For residential buildings, there shall be not more than one nameplate, not exceeding one 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 such nameplates for each dwelling unit, one facing each street, shall be permitted.
b.
Nonresidential. For nonresidential buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two such signs, one facing each street, shall be permitted.
c.
Projection. Such signs shall be affixed flat against the wall of the building.
d.
Height. No sign shall project higher than one story or 15 feet above curb level, whichever is lower.
(2)
Temporary "For Sale" and "To rent" signs. Subject to the following:
a.
Area and number. There shall be not more than one sign per zoning lot, except that on a corner zoning lot two signs, one facing each street, shall be permitted. No sign shall exceed 12 square feet in area nor be closer than eight feet to any other zoning lot.
b.
Projection. No sign shall project beyond the property line into the public way, boulevard, or rights-of-way.
c.
Height. No sign shall project higher than five feet in height, measured from the soil grade to the top of the sign.
d.
Permits. Are not required for temporary signs.
(3)
Signs accessory to parking area. Subject to the following:
a.
Area and number. Signs designating parking area entrances or exits are limited to one sign for each such exit or entrance, and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot, two such signs, one facing each street, shall be permitted.
b.
Projection. No sign shall project beyond the property line into the public way.
c.
Height. No sign shall project higher than five feet above curb level.
(4)
Temporary signs accessory to subdivision developments or other permitted improvements. Subject to the following:
a.
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.
b.
Area, number and setback. Such signs shall not exceed two in number for each subdivision nor 50 square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least 50 feet from all other boundaries of the site.
c.
Height. No sign shall project higher than five feet above curb level.
d.
Time limitations. The sign shall be removed by the applicant or property owner within two years of the date of the issuance of the zoning certificate.
(5)
Subdivision identification signs. Subject to the following:
a.
Content. The signs shall bear only the name of the subdivision or development.
b.
Area and number. There shall be not more than one sign located at each entrance to a subdivision. No sign shall exceed 32 square feet in area.
c.
Height. No sign shall project higher than six feet above curb level; the plan commission may, however, temporarily authorize a larger sign for a period not to exceed two years.
(6)
Nonflashing, illuminated church bulletins. Subject to the following:
a.
Area and number. There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted. No sign shall exceed 16 square feet in area nor be closer than eight feet from any other zoning lot.
b.
Projection. No sign shall project beyond the property line into the public way.
c.
Height. No sign shall project higher than one story or 15 feet above the curb level, whichever is lower.
(Ord. No. 2011-12, 12-13-2011)
Signs are permitted in all business and industrial 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 article. Signs may be placed upon, or in a public way, only if the underlying lease is primarily for a purpose other than a placement of a sign.
(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 foot to the street right-of-way, shall have no projections and shall not exceed two times in square footage the lineal feet of lot frontage. On a corner lot, the secondary street side ground sign may be one time in square footage the lineal feet of lot frontage. In no case shall the aggregate of all ground signs in a lot exceed 200 square feet as determined by the exterior dimensions of the sign panel frame. Ground signs shall not exceed 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)
Projection restrictions. No sign shall project over any part of any street, except where a business structure is located on the front property line. In such case, a sign may not extend more than four feet into any street.
(7)
Removal of signs at termination of business. At the termination of a business, commercial or industrial enterprise, all signs shall forthwith be removed from the public view. Responsibility for violation shall reside with the property owner according to the latest official tax roll listings.
(8)
Shopping center 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 60 square feet. Said sign shall not be permitted within 20 feet of the right-of-way line of the street.
(9)
Total surface display area restrictions. The total surface display area of business or industrial signs on the front facade of a building shall not exceed in square feet two times the number of linear feet of width of the building frontage. 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 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 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 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.
(10)
Projection of signs mounted on buildings restricted. Business and industrial signs mounted on buildings shall not be permitted to project more than four feet beyond the property line.
(11)
Number of signs. No more than one business or industrial sign shall be permitted on the front facade of any business or industrial building, including any advertisement permanently fastened to show windows or display cases. Only one business or industrial sign shall be permitted on each side or rear wall of a business or industrial building.
(12)
Directional ground signs. Necessary directional ground signs which shall not exceed four square feet in area shall be permitted. Permission to erect such signs must be obtained from the police department and the city engineering department representative.
(13)
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.
(14)
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.
(15)
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.
(16)
Canopy or marquee signs restricted. Signs shall be permitted to hang from canopies, marquees, or covered walks in business, commercial, or industrial districts, provided there shall be only one sign, not to exceed five square feet, for each business and the bottom of the sign shall be at least seven feet above ground level.
(17)
Signs in public places. Signs placed in public ways are subject to removal at the sign owner's expense should the city require use of the public way for any purpose. A waiver by the city of setback requirements shall not constitute a waiver of any other zoning code provisions.
(18)
Temporary ground signs in business district. A business located in a building fronting on a sidewalk in the business district zoning area shall be allowed to place a single temporary ground sign on the public sidewalk, provided the following criteria are followed:
a.
The sign shall always be placed as close as possible to the building.
b.
The sign extends at no point more than two feet into the right-of-way.
c.
The sign shall not reduce the unobstructed sidewalk to less than four feet at any point.
d.
The sign is removed by no later than 9:00 p.m. on each day displayed.
e.
The sign is nonilluminated.
f.
The sign has an outside dimension of no greater than two feet wide by five feet tall.
(Ord. No. 2011-12, 12-13-2011)
(a)
Temporary sign limitations.
(1)
All temporary signs such as real estate, construction site and political signs shall be removed within ten days after their use has discontinued.
(2)
Temporary signs may be placed on private property, and shall not be located within a street or public right-of-way, and shall not interfere with street intersection or driveway vision clearance.
(b)
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 second, nor more than ten seconds.
(3)
Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.
(c)
Portable signs.
(1)
Such signs shall be limited in use to 30 days at a time, and not more frequently than three times per year at any one location.
(2)
The maximum size shall be 25 square feet on each face, back to back.
(d)
Location adjacent to residence district. No advertising signs shall be permitted within 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 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 the height of the tree for regular varieties and one-third the height of the tree for columnar varieties of trees; said evergreen planting shall be continuously maintained.
(e)
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)
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.
(f)
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.
(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 signs per lot. No sign shall exceed 12 square feet in area and be closer than 50 feet to 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 15 feet above pavement level.
(Ord. No. 2011-12, 12-13-2011)
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 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, trademarks, 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.
(Ord. No. 2011-12, 12-13-2011)
(a)
No sign will be permitted that resembles the size, shape, form or color of official traffic control signs, signals or devices.
(b)
No persons shall park for a period longer than 48 hours 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, unless that vehicle or trailer is moved a minimum of ten feet from the former location. This subsection shall not prohibit "For Sale" signs on vehicles for sale, provided the vehicle is not parked on a public right-of-way.
(c)
No sign in a conspicuous state of disrepair shall be permitted to exist. The common council may order removal on a 20-day public notice or immediately if public danger exists.
(Ord. No. 2011-12, 12-13-2011)
(a)
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 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.
(b)
Alternations. Any sign which was erected before the adoption of the ordinance from which this article was derived shall not be rebuilt or relocated without conforming to all of the requirements of this article.
(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. In addition to the penalty provisions for violation of this chapter, the common council or building inspector may bring an action to abate the nuisance in the manner set forth in the state statutes.
(Ord. No. 2011-12, 12-13-2011)
Variances or exceptions to these sign regulations may be granted by the board of appeals.
(Ord. No. 2011-12, 12-13-2011)
(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 building inspector.
(b)
General requirements.
(1)
Awnings. The lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning or hanging on the frame, but not below seven feet.
(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 properly maintained and have an appearance that is neat and clean.
(c)
Requirements per zoning district.
(1)
Exceptions to height and setback requirements. Signs may be allowed in the setback area if they are below three feet or are pole mounted and above 12 feet to the bottom of the sign. The pole diameter of pole-mounted signs shall not exceed 12 inches and the sign shall be located so as to project above the parapet line, unless approved by the building inspector.
(2)
Prohibitions.
a.
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.
b.
No sign shall be erected that will interfere with, obstruct, confuse, or mislead traffic.
(d)
Searchlights. The zoning administrator 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 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.
(e)
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for traffic control, parking and directional signs and as otherwise specified in this article. A sign in the 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 150 feet before said sidewalk line shall not have red, green, or amber illumination.
(f)
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 30 pounds per square foot of area; and shall be constructed to receive dead loads as required in the building code or other city ordinances.
(Ord. No. 2011-12, 12-13-2011)
(a)
Characterization as legal nonconforming. Any sign located within the city limits of the date of adoption of the ordinance from which this chapter is derived or located in an area annexed to the city hereafter which does not conform with 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 the ordinance from which this article was derived.
(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 the ordinance from which this article is derived.
(b)
Loss of legal nonconforming status. 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, 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 city 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.
(c)
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.
(Ord. No. 2011-12, 12-13-2011)
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 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 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 common council or building inspector may take any other appropriate legal action necessary to attain compliance.
(Ord. No. 2011-12, 12-13-2011)