Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE XVI
Signs
17.171 General provisions.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
Purposes. The purposes of this article are to encourage the effective use of signs as a means of communication in the Village; to maintain and enhance the aesthetic environment and the Village's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of this article.
(2)
Applicability; effect. A sign may be erected, placed, established, painted, created or maintained in the Village only in conformance with the standards, procedures, exemptions, and other requirements of this article. The effect of this article as more specifically set forth herein is:
(a)
To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in residential zones, subject to the standards and the permit procedures of this article;
(b)
To allow certain signs that are small, unobtrusive and incidental to the principle use of the respective lots on which they are located, subject to the substantive requirements of this article, but without the requirements for a permit;
(c)
To provide for small temporary signs without commercial messages in limited circumstances in the public right-of-way;
(d)
To prohibit all signs not expressly permitted by this article;
(e)
To establish a reasonable fee; and
(f)
To provide for the enforcement of the provisions of this article.
17.172 Sign definitions.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1) ANIMATED SIGN AREA IDENTIFICATION SIGN BANNER BEACON BILLBOARD BUILDING INSPECTOR BUILDING MARKER BUILDING SIGN BULLETIN BOARD CANOPY SIGN CHANGEABLE COPY SIGN/READER BOARD COMMERCIAL MESSAGE DIRECTIONAL SIGN DISPLAY SURFACE AREA DISTRICT or ZONING DISTRICT ELECTRONIC MESSAGE SIGN ERECT FLAG FLASHING SIGN FREESTANDING SIGN GARAGE/YARD SALE SIGN IDENTIFICATION AND INFORMATIONAL SIGN ILLUMINATED SIGN ILLUMINATED, INDIRECT INCIDENTAL SIGN JOINT IDENTIFICATION SIGN LEASE LOT MALL MANSARD ROOF MARQUEE MARQUEE SIGN NONCONFORMING SIGN OFF-SITE SIGN ON-SITE SIGN OUTDOOR MENU BOARD PENNANT PERSON PORTABLE SIGN PORTABLE SWINGER SIGN and A-FRAME OR SANDWICH SIGN PORTABLE TEMPORARY ATTRACTION SIGN BOARD PRINCIPAL BUILDING PROJECTING SIGN PUBLIC EVENT REAL ESTATE SIGN RESIDENTIAL SIGN ROOF SIGN ROOF SIGN, INTEGRAL SETBACK SHOPPING CENTER SIGN SPOTLIGHT ILLUMINATION STREET FRONTAGE STREETS and SIDEWALKS SUSPENDED SIGN TEMPORARY SIGN TIME AND TEMPERATURE SIGN WALL SIGN WINDOW SIGN ZONE LOT
General terms. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene.
A sign to identify a common area containing a group of structures, or a single structure on a minimum site of five acres, such as an apartment complex or industrial park, located at the entrance or entrances of the area, and consisting of a fence or wall or archway with letters or symbols affixed thereto.
Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
A stationary or evolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.
An off-premises advertising sign with a copy area greater than 100 square feet.
An agent of the Village of Mount Horeb authorized to permit, inspect, approve or deny construction with the Village and the authorized government representative on sign issues.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted to a freestanding sign.
Any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution, for purposes of announcing events which are held on the premises, and contains no commercial message.
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
[Amended 4-19-2005 by Ord. No. 2005-04; 11-2-2011 by Ord. No. 2011-14]
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or sales event or other commercial activity.
A sign of a noncommercial nature which directs the reader to the location of public or educational institutions, or to the location of historical structures or areas, or to the location of public parks or buildings.
The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for freestanding signs.
A section or sections of the incorporated area of the Village of Mount Horeb for which the then-effective Zoning Ordinance governing the use of buildings and land are uniform for each class of use permitted therein.
Any sign or portion thereof, by which the message is displayed by electronic means, whether in constant appearance or intermittently.
[Added 4-19-2005 by Ord. No. 2005-04]
To build, construct, attach, hand, place, suspend, or affix, and shall also include the painting of wall signs.
Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
A private sale of personal property used to dispose of personal household possessions. Not for the use of any commercial venture.
Signs of an identification or of informational nature bearing no advertising.
Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tube, as long as light and tubes are located within the interior of the sign, as a part of the sign proper.
Illumination so arranged that the light is reflected from the sign to the eyes of the viewer.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
A sign which serves as common or collective identification for a group of persons or businesses operating on the same zone lot (e.g., shopping center, office complex, etc.). Such sign may name the persons or businesses included but carry no other advertising matter.
An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain an advertising sign upon his property.
Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.
Any concentration of retail stores and/or service establishments which share customer parking areas and are located within an enclosure having public walkways whereby a customer in one store or establishment may walk to another store or establishment without leaving the enclosure.
Any roof that has an angle greater than 45° and which derives part of its support from building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or 3/4 of the length of a side building wall. (For purposes of this article, a "low-slope roof" shall mean any roof with a pitch less than three inches rise per 12 inches horizontal.)
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Any sign attached to, in any manner, or made a part of a marquee.
A sign lawfully existing at the effective date of the adoption of this chapter which, because of the application of this article or any amendment hereto, could not be built under the terms of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-site sign" shall include any outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; provided, an on-site sign may also display a noncommercial message.
An outdoor sign, associated with restaurants (including drive-throughs), which gives a detailed list of foods served that are available at a restaurant.
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Includes any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
An advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided.
A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, not permanently attached thereto.
The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
Any sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted.
Any event that is authorized by the Village of Mount Horeb, whether funded in part, total, or not at all.
A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Village of Mount Horeb.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
Two or more retail stores and/or service establishments sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownerships.
Includes every device, frame, letter, figure, character, mark, plan, point, design, picture, logo, stroke, strip, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public; in addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light. Also, the above, when near the inside surface of a window in such a way to be in view of the general public and used or intended to be used to attract attention or convey information to motorists.
Illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source.
The distance for which a lot line of a zone lot adjoins a public street, front one lot line intersecting said street to the furthest distance lot line intersecting the same street.
A strip of land or access way subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails, or other thoroughfares.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Any sign that is not permanently mounted.
Any sign or portion of a sign whereby the copy that changes indicates time and temperature.
[Added 4-19-2005 by Ord. No. 2005-04]
Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this article, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee or a building canopy shall be considered a wall sign.
Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window.
A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.
(2)
Interpretation. The Building Inspector of the Village of Mount Horeb is charged with issuance of permits and enforcement of this article. Areas of conflict may be addressed to the Village Administrator for ultimate staff resolution.
(3)
Computations. The following principles shall control the computation of sign area and sign height:
(a)
Computation area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is place, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself.
(b)
Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
(c)
Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign or from the elevation of the center line of the nearest public road to the top of the highest attached component of the sign, whichever results in the shortest measurement. "Normal grade" shall be construed to be the lower of 1) existing grade prior to construction; or 2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
[Amended 3-3-2004 by Ord. No. 2004-09]
(d)
Computation of maximum total permitted sign area for a zoned lot. The permitted sum of the area of all individual signs on a zoned lot shall be computed by applying the formula in the appropriate section of this article.
(4)
Signs allowed on private property without permits.
(a)
House or building identification, such as address and any building marker, having no more than four square feet and attached to the referenced building.
(b)
Personal messages, such as the announcing of births, anniversaries, birthdays, not to exceed six square feet and no longer than 14 days.
(c)
Flags of the United States, the state, the Village, foreign nations, and other flags adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 24 square feet in area in any residential zone or 60 square feet in area in any commercial or industrial zone and shall not be flown from a pole the top of which is more than 25 feet in height in any residential zone or 40 feet in height in any commercial or industrial zone. These flags must be flown in accordance with protocol established by the Congress of the United States. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.
(5)
Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements, shall be forfeited to the Village and subject to confiscation. In addition to other remedies hereunder, the Village shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
(6)
Removal of certain signs. In the event a business ceases operation for a period of time in excess of 30 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby; provided, however, this requirement shall not apply where under the provisions of this article an existing conforming sign may be altered to advertise a new business or product sold thereby, and there is evidence that a new business will be in operation on the premises with 30 days. Upon failure of sign owner or lessee, or property owner, to comply with the section, the Building Inspector shall issue a written notice to the sign owner and any lessee and to the property owner, which notice shall state that such sign shall be removed within 10 days. If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Building Inspector is hereby authorized to seek remedies set forth in §§ 17.151 and 17.152 of this article. For the purpose of this section, the word "remove" shall mean:
(a)
The sign face, along with posts, columns, or supports of freestanding signs, shall be taken down and removed from the property.
(b)
The sign face and supporting structures of projecting, roof, or wall signs shall be taken down and removed from the property.
(c)
The sign face of painted wall signs shall be removed by painting over the wall sign in such a manner as to completely cover up and hide from sight the sign in question. The covering must be consistent and compatible with the remainder of the building surface.
(7)
Nonconforming signs. For the purpose of this section, a "nonconforming sign" shall be defined as a sign existing at the effective date of this article which could not be built under the terms of this article or under the terms of other Village ordinances.
(a)
On-site, nonconforming signs. Changing or modifying any on-site, nonconforming sign with a sign that is either at least 10% shorter in nonconforming height or at least 10% smaller in nonconforming area shall be permitted. Changing or modifying a sign does not include maintaining the existing appearance of the sign; replacing the sign face or the supporting structure with identical materials, colors, and messages; changing message of a marquee, copy board or community information sign; or changing the face of an off-premises advertising sign; or modifying or changing the face on any tenant nameplate sign that is located within a tenant directory, or that is located within any other sign that displays both the name of the group development and the names of two or more tenants within that group development.
[Amended 3-3-2004 by Ord. No. 2004-09; 7-11-2007 by Ord. No. 2007-14; 2-3-2010 by Ord. No. 2010-02]
(b)
Off-site, nonconforming signs. Off-site nonconforming signs not otherwise prohibited by the provisions of this article shall be removed or shall be altered so as to conform with the provisions of this article within 120 days of notification.
Nonconforming signs may not be enlarged or altered in a way which should increase its nonconformity. Should any nonconforming sign be damaged by any means to an extent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this article. |
(8)
Signs not to constitute traffic hazard. No sign or other advertising structure as regulated by this article shall be erected or continued to be displayed at the intersection of any street or any public right-of-way in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(9)
Placing signs on public property. No signs other than signs approved by the Village Board, or its authorized representative, shall be erected on any public property, provided directional signs may be erected upon Village streets under the following conditions, once approval has been obtained:
(a)
The signs direct the reader to the location of a public facility attended principally by out-of-town patrons, to a facility operated by a nonprofit entity and attended principally by out-of-town patrons, to a facility relating to the public health, safety or welfare, to scenic or historic trails, or to general business or industrial districts;
(b)
The signs are fabricated, erected, and maintained by the entity requesting the sign;
(c)
The entire cost of the signs is borne by the entity requesting the signs;
(d)
The signs are installed at locations where they would not constitute a traffic hazard;
(e)
The signs conform to the manual on uniform traffic control devices; and
(f)
The maximum number of directional signs permitted under this section shall be three for each entity.
(10)
Placing signs on trees and rocks. No signs shall be placed or painted on any tree or rock.
(11)
Placing signs on utility poles or signs. No signs shall be placed on any utility pole, light pole, telephone pole, stop signs, traffic signs, etc., except for utility identification or similar purpose.
(12)
Beacons acting as an attraction device prohibited. It shall be unlawful for any person to continue in operation or erect any attraction device or sign which contains a beacon.
(13)
Fluctuating illumination prohibited. It shall be unlawful for any person to erect additional attraction devices or signs or to continue in operation any attraction device or sign which flashes, blinks, or is animated. Illumination of attraction devices or signs located in the Village that fluctuates in light intensity shall be prohibited.
(14)
Use of vehicle as sign. It shall be unlawful to use a vehicle or trailer as a sign in circumvention of this article.
(15)
Revolving, rotating, or moving signs prohibited. It shall be unlawful for any person to erect additional attraction devices or signs or to continue in operation an attraction device or sign which revolves, rotates, or otherwise moves.
(16)
Restriction on pennants. Pennants may be used to designate an open house, grand opening or similar events, on the day of such event only, and provided that such event lasts no more than seven days and the pennant is immediately removed. Otherwise, pennants may not be used.
(17)
Portable temporary attraction signs on wheels. Portable temporary attraction signs may be allowed, whether mounted on vehicles, wheels, platforms, or freestanding, for a period not exceeding 30 days at a time or more than twice a year. A portable sign shall not exceed 30 square feet in area on each side.
(18)
Construction signs. All construction signs shall comply with regulations as established in § 17.173(2)(a) and (b).
(19)
Signs prohibited under this article. All signs not expressly permitted under this article or exempt from regulations hereunder in accordance with the previous section are prohibited in the Village. Prohibited signs include, but are not limited to:
[Amended 4-19-2005 by Ord. No. 2005-04; 11-2-2011 by Ord. No. 2011-14]
17.173 Residential and miscellaneous signage.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
Purpose. This section deals with the issuance of permits in areas residentially zoned and with miscellaneous signs, such as political signs, garage/yard sale signs, real estate signs, etc.
(2)
Residential zones. No signage is allowed in residential zones except as set forth below and for those services only if legally allowed on the premises. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this article. The exemptions shall apply to the requirement for sign permit only, and no sign permit shall be required for the erection of the following signs [Subsections (2) through (6), inclusive], unless otherwise required.
(a)
Construction signs. On-site building construction signs shall have a total combined maximum display surface area not to exceed 16 square feet for residential lots and 32 square feet for commercial or industrial lots. Lettering for legal description (lot number) and street address shall be 3 1/2 inches tall. All lettering on signs shall be neat and legible. Before the issuance of a certificate of occupancy, the builder/contractor shall be responsible for removing all signs. No more than six signs shall be allowed per site.
(b)
Home improvement signs. On-site home improvement signs may be placed in the yard where said improvements are being made. Home improvement signs shall be a freestanding sign not exceeding nine nonilluminated square feet and may be placed during construction, but must be removed no later than 14 calendar days after construction is complete.
(c)
Temporary subdivision signs. In any district, one temporary subdivision identification sign nonilluminated, not to exceed 32 square feet in area per surface, may be erected at any principal entrance (not to exceed two entrances) to a subdivision, provided that in no event shall such sign remain for more than six months within 50 feet of an occupied residential dwelling.
(d)
Permanent subdivision signs. Permanent subdivision signs may be placed at all major entrances. If the permanent sign is not to be maintained by the Village, then it shall be erected under the following conditions:
(3)
Real estate signs. There may be placed one real estate sign per unit (for sale, for rent), provided such signs shall be limited to wall and freestanding signs whose maximum display surface area shall be as follows:
(a)
Residential: nine nonilluminated square feet.
(b)
Nonresidential: 32 nonilluminated square feet.
(c)
Temporary open house signs. Such signs may be placed at a rate of one per company per intersection, for a period from 9:00 a.m. to 8:00 p.m. on the day of the open house only, provided that there shall be only one route designated by signs to a particular open house.
(d)
Sold signs/stickers. Such signs of a size not greater than 25% of the sign on which it is placed, may be placed at a rate of one per lot or tract, per company. All real estate signs and stickers shall be removed from said lot or tract within 30 days of said sale or within 30 days after the sold sign/sticker has been placed.
(e)
PI Planned Industrial lot abutting U.S.H. 18-151. Beginning on the effective date of this article and continuing through December 31, 2010, the following rules shall apply to lots zoned PI Planned Industrial that abut U.S.H. 18-151:
[Added 11-2-2005 by Ord. No. 2005-21]
1.
Size: 150 nonilluminated square feet.
2.
Height: a maximum height of 20 feet as measured from the average normal grade elevation at the base of the sign, or the center line of the nearest portion of the highway upon which the sign is facing, whichever is higher.
3.
Number: one sign for each lot (or set of adjacent lots under common ownership) for the first 1,000 feet that such lot (or lots under common ownership) front on U.S.H. 18-151. Where a lot (or lots under common ownership) front on U.S.H. 18-151 for more than 1,000 continuous feet, a second sign may be placed.
(4)
Election signs. Political signs are permitted to be placed on private property, subject to the following conditions:
(a)
A political sign may be erected no sooner than 60 days before said election and said sign shall be removed within 48 hours following the final election to which it applies; the owner of the property on which said sign is placed shall be responsible for its removal.
(b)
Political signs may not be erected or placed on public property nor on rocks, trees, public fences, sign posts, light poles, utility poles, etc.
(c)
No political sign shall exceed 32 square feet in size.
(5)
Miscellaneous signs.
(a)
Banners. Banners shall be prohibited except when used in conjunction with public and private events as follows:
1.
Election campaigns. Election issues campaign banners, on private property only, when said banners are not placed more than 30 days prior to and removed within 48 hours following the election to which the banner applies.
2.
Public events. Public event banners shall be placed no earlier than 30 days prior to and removed 48 hours following the event to which the banner applies.
(b)
Home occupation signs. Home occupation signs shall be limited to a maximum of three square feet and shall contain only the name of the business. Home occupation signs may not be lighted.
[Added 4-19-2005 by Ord. No. 2005-04]
(6)
Garage/yard sale signs. The following regulation shall regulate and control garage/yard sale signs.
(a)
Size and type. All signs shall be no larger than nine square feet, placed on a single or double stake or other freestanding manner.
(b)
Frequency. No individual lot shall be allowed more than one (two-day) garage/yard sale in a single quarter of a calendar year.
(c)
Location. Only one sign per sale may be placed in any intersection under the following conditions. No garage/yard sale sign shall be placed, affixed, stapled, glued, taped to any utility pole, street sign, tree, stop sign, fence, etc. No garage/yard sale sign shall be placed in any public right-of-way in a manner as to interfere with traffic, both vehicular and pedestrian, or interfere with any residential, commercial or industrial property.
(d)
Time. No garage/yard sale signs shall be placed on public property any earlier than 6:00 p.m. the night before and must be picked up within one hour after the sale or by 7:00 p.m., whichever comes first.
(7)
Estate sales, court-ordered sales, and auctions shall be regulated as set out in Subsection (6), Garage/yard sale signs.
(8)
Church and school signs. All signs for churches and schools shall be subject to the requirements as set forth in § 17.174.
(9)
Signs exempt from regulation under this article. The following signs shall be exempt from regulation under this article:
(a)
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(b)
Works of art that do not include a commercial message.
(c)
Holiday lights and decorations on residential zoned lots with no commercial message.
(d)
Traffic control signs on private property, such as stop, yield and similar signs which contain no commercial message of any sort.
(e)
Any sign erected by the Village of Mount Horeb.
17.174 Commercial signage.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
Purpose. This section is to deal with the issuance of sign permits in areas that are zoned commercial. No signage is allowed in commercially zoned areas except as follows and which are for those services only if properly allowed and legally offered on the premises.
(2)
Roof signs. Roof signs shall not be permitted.
(3)
Freestanding signs.
[Amended 12-4-2000 by Ord. No. 2000-21]
(a)
Off-site freestanding signs are prohibited.
(b)
On-site freestanding signs, subject to the following:
[Amended 2-3-2010 by Ord. No. 2010-02]
1.
Except as provided in Subsection (3)(b)2, only one on-site freestanding sign is permitted on a lot.
2.
Two on-site freestanding signs are permitted on one lot in the Planned Office (PO), Recreation Business (RB), Planned Business (PB) Zoning Districts if all of the following conditions are met:
[Amended 11-2-2011 by Ord. No. 2011-14]
3.
New freestanding signs shall be of monument or dual-post construction.
4.
Display surface area shall not exceed the following:
Zoning District | Maximum Area |
|---|---|
Planned Office (PO) | 1 square foot per foot of street frontage up to 100 feet |
Recreation Business (RB) | 1 square foot per foot of street frontage up to 100 feet |
Neighborhood Business (NB) | 40 square feet |
Main Street Business (MSB) | 40 square feet |
Planned Business (PB) | 1 square foot per foot of street frontage up to 100 feet |
Central Business (CB) | 40 square feet |
5.
Signs may be illuminated signs or indirect illumination signs.
6.
Signs shall be set back one foot from the street right-of-way and 50 feet from a residential district.
7.
Sign height shall not exceed the following:
Zoning District | Maximum Height (feet) |
|---|---|
Planned Office (PO) | 12 |
Recreation Business (RB) | 12 |
Neighborhood Business (NB) | 8 |
Main Street Business (MSB) | 8 |
Planned Business (PB) | 12 |
Central Business (CB) | 8 |
(4)
Projecting signs. It shall be lawful to erect a projecting sign that extends from the wall of a building upon which it is erected. The bottom of such sign shall be at least nine feet above any public sidewalk and shall not extend more than five feet over any public sidewalk. The total area of a projecting sign shall not exceed 32 square feet on one side or 64 square feet on both sides. Each store front may have no more than one projecting sign.
(5)
Wall signs.
(a)
Wall signs shall not project more than 12 inches from the surface upon which they are mounted, provided the upper edge of a wall sign mounted on a mansard roof may project more than 12 inches so long as the sign is perpendicular to the ground.
[Amended 2-3-2010 by Ord. No. 2010-02]
(b)
Where a building houses more than one business, wall signs shall be limited in number to one wall sign per business. The size of any one business sign shall be no larger than 120 square feet with the entire building wall having no more than 10% total signage of the affected wall, whichever is smaller.
(d)
Where a building houses only one business, a maximum of three wall signs may be placed on one wall, but no more than four wall signs may be placed on the entire building. The display surface area of all wall signs on any one wall shall not exceed 120 square feet or 10% of the area of the wall on which they are located, whichever is smaller.
(e)
Off-site wall signs are prohibited.
(6)
Area identification signs.
(a)
The size and location of the wall or other structure which will contain the area identification sign must be approved by the Building Inspector, who will approve such structure upon the criterion of traffic safety sight lines.
(b)
The maximum display surface area of all area identification signs shall not exceed 32 square feet for business directories.
[Amended 2-3-2010 by Ord. No. 2010-02]
(7)
Fuel price information signs. Signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions:
(a)
One freestanding sign to include a changeable copy sign/reader board is allowed. The size of the freestanding sign shall be determined by using eight square feet per pump with a total of 48 square feet maximum allowed. The maximum size sign is to include company name, logo, price information, etc., if applicable.
(b)
Nothing contained herein shall be construed to prohibit the use of other signs meeting the requirements of this article.
(8)
Freestanding bulletin boards. A freestanding bulletin board shall be set back a minimum of five feet from street right-of-way. No freestanding bulletin board shall exceed 32 square feet in display surface area.
(9)
Signs painted on windows or doors. Signs painted on, or affixed to, glass surfaces of windows or doors shall pertain to the lawful business conducted therein. These signs are allowed without a permit and are limited to no more than 20% coverage of subject windows and doors.
(10)
Directional, identification, and informational signs. Directional, identification, and informational signs are allowed, provided such signs shall be limited to wall and freestanding signs with a maximum of four square feet of display surface area. Notwithstanding restrictions on the location and number of freestanding signs prescribed in § 17.174(3), two informational signs shall be permitted at each entrance or exit on a lot or parcel to identify said entrance or exit, provided such sign does not constitute a traffic hazard.
(11)
Canopies. Letters may be painted or otherwise affixed to any permissible canopy, subject to the following:
[Amended 11-4-2009 by Ord. No. 2009-27; 2-3-2010 by Ord. No. 2010-02]
(a)
Lettering or letters shall not project above, below, or beyond the physical dimensions of the canopy.
(b)
Lettering or letters shall not exceed eight inches on front edge.
(c)
Lettering or letters shall not denote other than the name and address of the business conducted therein.
(d)
A logo no larger than 20% of top surface of canopy is permitted.
(12)
Outdoor menu board. Outdoor menu boards are only allowed on zoned lots which have previously been approved for restaurants under the following conditions:
(a)
Only one outdoor menu board shall be permitted, per restaurant, on a lot.
(b)
For drive-through restaurants, display surface area shall not exceed 48 square feet.
[Amended 4-19-2005 by Ord. No. 2005-04]
(c)
For drive-through restaurants, stacking lanes (through lane) shall be a minimum of 80 feet from the menu board.
(d)
If the sign is lighted, it may be lighted by an illuminated sign only.
(e)
The outdoor menu board lettering may not be legible from any distance off the zoned lot for which it is approved.
(f)
For restaurants without a drive-through, outdoor menu boards shall not exceed four square feet.
(13)
Signs exempt from regulation under this article. The following signs shall be exempt from regulation under this article:
(a)
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(b)
Works of art that do not include a commercial message.
(c)
Holiday lights and decorations with no commercial message.
(d)
Traffic control signs on private property, such as stop, yield, or similar signs, which contain no commercial message.
(14)
Signs not requiring a permit under this article.
(a)
Building marker. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze of other incombustible materials. Maximum size allowed is four square feet.
(b)
Banners. Banners shall be prohibited except when used in conjunction with public and private events as follows:
1.
Election campaigns. Election campaign banners, when said banners are not placed more than 30 days prior to and removed within 48 hours following the election to which the banner applies.
2.
Public events. Public event banners, when said banners are not placed more than 40 days prior to and removed within 48 hours following the event to which the banner applies.
3.
Private sale events. Banners placed on private property for advertising a special sales event are exempt only on the following condition: no more than seven days in any one calendar month.
4.
No more than one banner shall be displayed on any zoned lot per event at the same time.
(c)
Portable swinger, A-frame, sandwich, attraction sign boards. One A-frame type sign may be allowed per business. The sign may be no larger than two feet by four feet on each side and may be placed on public property but only adjacent to the property where the promotion is located. These signs shall not extend more than three feet onto a sidewalk as measured from the property line, but at no time shall the sidewalk unobstructed travel way be less than four feet wide.
17.175 Industrial signage.
[Amended 1-5-2000 by Ord. No. 2000-03; 11-4-2009 by Ord. No. 2009-26]
(1)
Purpose. This section deals with the issuance of sign permits in areas that are zoned industrial. No signage is allowed in industrial zoned areas except as follows and for those services only if properly allowed and legally offered on the premises. However, a permit is required as explained in § 17.177.
(2)
Roof signs. Roof signs shall not be permitted.
(3)
Freestanding signs. It shall be unlawful to erect any freestanding sign which total height is greater than 15 feet above the level of the street upon which the sign faces.
(a)
Off-site freestanding signs are prohibited.
(b)
On-site freestanding signs, subject to the following:
[Amended 2-3-2010 by Ord. No. 2010-02]
1.
Only one on-site freestanding sign shall be permitted on a lot.
2.
Display surface area shall not exceed a ratio of one square foot per foot of street frontage and not to exceed 250 square feet.
3.
Sign may be an illuminated sign or indirect illumination sign.
4.
Sign shall be set back one foot from existing street right-of-way and 25 feet from any residential district.
5.
Changeable copy signs/reader boards are prohibited.
(4)
Projecting signs. It shall be lawful to erect a projecting sign that extends from the wall of a building upon which it is erected. The bottom of such sign shall be at least nine feet above any sidewalk and shall not extend more than five feet over any sidewalk. The total area of a projecting sign shall not exceed 32 square feet on one side or 64 square feet on both sides.
(5)
Wall signs.
(a)
Wall signs shall not project more than 18 inches from the surface upon which they are mounted, provided the upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground.
(b)
Where a building houses more than one industry, wall signs shall be limited in number to one wall sign per industry on each wall with a limit of two wall signs per industry per building. The size of any one industry sign shall be no larger than 10% of the area of the wall on which it is to be located, but shall not exceed 165 square feet, whichever is smaller.
(d)
Where a building houses only one industry, a maximum of two wall signs may be placed on one wall, but no more than three wall signs may be placed on the entire building. The display surface area of all wall signs on any one wall shall not exceed 165 square feet or 10% of the area of the wall on which they are located, whichever is smaller.
(e)
Signs may be illuminated or nonilluminated.
(f)
Off-site wall signs are prohibited.
(6)
Area identification signs.
(a)
The size and location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Building Inspector, who will approve such structure upon the criterion of traffic safety sight lines.
(b)
The maximum display surface area of all area identification signs shall not exceed 32 square feet for business directories.
[Amended 2-3-2010 by Ord. No. 2010-02]
(7)
Signs painted on windows or doors. Signs painted on, or affixed to, glass surfaces of windows or doors and pertaining to the lawful business conducted therein. These signs are allowed without a permit and are limited to no more than 20% coverage of subject windows and doors.
(8)
Directional, identification, and informational signs. Directional, identification, and informational signs, provided such signs shall be limited to wall and freestanding signs with a maximum of four square feet of display surface area. Notwithstanding restrictions on the location and number of freestanding signs prescribed in § 17.174(3) of this article, two informational signs shall be permitted at each entrance or exit on a lot or parcel to identify said entrance or exit, provided such sign does not constitute a traffic hazard.
(9)
Building marker. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. Maximum size allowed is four square feet. No permit required.
(10)
Signs exempt from regulation under this article. The following signs shall be exempt from regulation under this article:
(a)
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(b)
Works of art that do not include a commercial message.
(c)
Holiday lights and decorations with no commercial message.
(d)
Traffic control signs on private property, such as stop, yield, or similar signs, which contain no commercial message.
(11)
Signs not requiring a permit under this section.
(a)
Building marker. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. Maximum size allowed is four square feet.
(b)
Banners. Banners shall be prohibited except when used in conjunction with public and private events as follows:
1.
Election campaigns. Election campaign banners, when said banners are not placed more than 30 days prior to and removed within 48 hours following the election to which the banner applies.
2.
Public events. Public event banners, when said banners are not placed more than 30 days prior to and removed within 48 hours following the event to which the banner applies.
3.
Private sale events. Banners placed on private property for advertising a special sales event are exempt only on the following condition: no more than seven days in any one calendar month.
4.
No more than one banner shall be displayed on any zoned lot per event at the same time.
(c)
Portable swinger, A-frame, sandwich, attraction sign boards. One A-frame type sign may be allowed per business. The sign may be no larger than two feet by four feet on each side and may be placed on public property but only adjacent to the property where the promotion is located. These signs shall not extend more than three feet onto a sidewalk as measured from the property line, but at no time shall the sidewalk unobstructed travel way be less than four feet wide.
17.176 Agricultural zoned districts.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
Purpose. This section deals with signs in areas that are zoned agricultural. No sign permit shall be required.
17.177 Permits and fees.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
General permit procedures. If a sign requiring a permit under the provision of this article is to be placed, constructed, erected, or modified, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign. No signs shall be erected in the public right-of-way except in accordance with this article. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this article in every respect and with any Master Signage Plan in effect for that property. The following procedures shall govern the application for issuance of all sign permits under this article, and the submission and review of Master Signage Plans.
(a)
Applications. All applications for sign permits of any kind and for approval of a Master Signage Plan shall be submitted to the Building Inspector on an application form or in accordance with the application specifications published by the Building Inspector with the following minimum information:
1.
Name, address, and telephone number of the applicant.
2.
Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
3.
Position of the sign and other existing signs or other advertising structure in relation to nearby buildings or structures, including dimensional data.
4.
Two ink drawings of the plans with color designation, specifications, method of construction and attachment to the building or in the ground. Master Signage Plan may require other information.
5.
Name of person, firm, corporation, or association erecting the structure.
6.
Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
7.
Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign must accompany sign application.
(b)
Fees. Each application for a sign permit or for approval of a Master Signage Plan shall be accompanied by the applicable fees, which shall be established by the Village from time to time.
1.
Fee schedule. Fees for sign permits and plans for the period beginning with this article shall be as provided in the Fee Schedule for the following:
[Amended 2-2-2022 by Ord. No. 2021-10]
(c)
Completeness. Within five work days of receiving an application for a sign permit or a master signage plan, the Building Inspector shall review it for completeness. If the Building Inspector finds that it is complete, the application shall then be processed. If the Building Inspector finds that it is incomplete, the Building Inspector shall, within such five-workday period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this article.
(d)
Action. Within five work days of the submission of a complete application for a sign permit, the Building Inspector shall either:
1.
Issue the sign permit if the sign(s) that is the subject of the application conforms in every respect with the requirements of this article and the applicable master signage plan; or
2.
Reject the sign permit if the sign(s) that is the subject of the applications fails in any way to conform with the requirements of this article and of the applicable master signage plan. In case of a rejection, the Building Inspector shall specify in the rejection the section or sections of the ordinance or applicable plan with which the sign(s) is inconsistent.
(2)
Permits to construct or modify signs. Signs shall be erected, installed, or created only in accordance with a duly issued and valid sign permit (permit) from the Building Inspector. Such permit shall be issued only in accordance with the following requirements and procedures:
(a)
Permit for new sign or for sign modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by information detailed in Subsection (1)(a) to the extent that such details are not contained on a Master Signage Plan then in effect for the zoned lot. One application and permit may include multiple signs on the same zoned lot.
(b)
Inspection. The Building Inspector shall cause an inspection of the property for which each permit for a new sign or for modification of an existing sign is issued within 30 days after the issuance of such permit or at such earlier date as the owner may request. If the sign construction is complete and in full compliance with this article and with Chapter 14, Building Code, and Chapter 16, Electrical Code, the Building Inspector shall identify the sign as complete and acceptable on the permit. If the sign construction is substantially complete but not in full compliance with this article and applicable codes, the Building Inspector shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 calendar days from the date of inspection for the deficiencies to be corrected. In addition, a reinspection fee will be charged. If the deficiencies are not corrected by such date, the permit shall lapse.
(3)
Design, construction, and maintenance. All signs shall be designed, constructed, and maintained in accordance with the following standards:
(a)
All signs shall comply with applicable provisions of the Chapter 14, Building Code, and Chapter 16, Electrical Code. The Building Inspector may require the permittee to supply any and all information necessary to insure that the sign is being built, or is to be built, erected or constructed in a safe and lasting manner.
(b)
Except for banners, pennants, flags, portable signs, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(4)
Sign maintenance.
(a)
Premises maintenance. All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.
(b)
Unsafe and unlawful signs. If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this article, he or she shall give written notice to the permittee and property owner thereof. If the permittee and/or property owner fails to remove or alter the sign or advertising structure so as to comply with the standards herein set forth within 10 days of the date of written notice, the Building Inspector is hereby authorized to seek remedies set forth in §§ 17.151 and 17.152.
(5)
Master signage plan, commercial and industrial zoning (applicable to new construction only). No permit shall be issued for an individual sign requiring a permit in a commercial and/or industrial zoned lot, where more than one business or industry will be located, unless and until a master signage plan for the lot on which the sign will be erected has been submitted to the Building Inspector and approved as conforming with this section.
(a)
Master signage plan. for any commercial or industrial zoned lot on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit to the Building Inspector a master signage plan containing the following:
1.
An accurate plot plan of the zoned lot, at such scale as the Building Inspector may reasonably require.
2.
Location of buildings, parking lots, driveways, and landscaped areas on such zoned lot.
3.
Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zoned lot(s) included in the plan under this article.
4.
An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not.
(b)
Showing window signs on master signage plan. A master signage plan, including window signs, may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs (e.g., painted, etched on glass, or some other material hung inside window) and need not specify the exact dimension or nature of every window sign.
(c)
Limit on number of freestanding signs under master signage plan. The master signage plan, for all zoned lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one and shall provide for shared or common usage of such signs [see § 17.174(3) or 17.175(3)].
(d)
Other provisions of master signage plan. The master signage plan may contain such other restrictions as the owners of the property may reasonably determine.
(e)
Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the Building Inspector shall require.
(f)
Procedures. A master signage plan shall be included in any development plan, site plan, planned unit development plan or other official plan required by the Village for the proposed development and may be processed simultaneously with such other plan.
(g)
Amendment. A master signage plan may be amended by filing a new master signage plan that conforms with all requirements of the ordinance then in effect.
(h)
Existing signs not conforming to master signage plan. If any new or amended master signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within one year, all signs not conforming to the proposed amended plan or to the requirements of this article in effect on the date of submission.
(i)
Binding effect. After approval of a master signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this article. In case of any conflict between the provisions of such a plan and any other provision of this article, this article shall control.
(6)
Sign permit revocable. All rights and privileges acquired under the provisions of this article or any amendment thereto, are licenses revocable at any time by the Village Board of the Village of Mount Horeb.
17.178 Violations and penalties; enforcement remedies.
[Amended 1-5-2000 by Ord. No. 2000-03]
(1)
Violations. Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provision:
(a)
Install, create, erect, or maintain a sign in a way which is inconsistent with any plan or permit governing such sign or the zoned lot on which the sign is located.
(b)
Install, create, erect, or maintain a sign requiring a permit without such permit.
(c)
Fail to remove a sign that is installed, created, erected, or maintained in violation of this article or for which the sign permit has lapsed.
(d)
Continue any of the foregoing violations. Each day of a continued violation shall be a separate violation when applying the penalty provisions of this article.
(e)
Each sign installed, created, erected, or maintained in violation of this article shall be considered a separate violation when applying the penalty portions of this article.
(2)
Enforcement remedies. Any violation or attempted violation of this article, or of any condition or requirement adopted pursuant hereto, may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law.
(3)
Penalties.
(a)
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than $25 nor more than $200. Each day such violation continues shall be considered a separate offense.
(b)
Any person, whether owner or tenant of a rental building, structure, premises, or part thereof, who participates in, maintains, or allows another to commit or maintain a violation of this article may be found guilty of a separate offense and suffer the penalties herein provided.