A.

The purposes of this chapter include the following:

(1)

The purpose of this chapter is to establish minimum standards to safeguard life, health, property and public welfare, as well as enhance historic and aesthetic values by the regulation, administration and enforcement of outdoor sign advertising and display within the city. Such standards are meant to regulate and control the design, number, size, quality of materials, construction, locations, electrification, installation and maintenance of all signs as compatible with zoning regulations. This chapter recognizes the need to carefully balance the safety and welfare of the public with the need for well maintained and attractive sign displays that provide adequate business identification, advertising and communication in order to protect and enhance the community.

(2)

This chapter further intends to protect and enhance the historical and cultural role of the city. Given the unique attributes of the city, including the Fox River and the downtown historic district, and the investment made in revitalizing the downtown district through participation in the Main Street Program, a significant degree of regulation over the aesthetic nature of signs in these district overlays is considered an important public interest. The downtown district philosophy combines historic preservation with development to establish a thriving and aesthetically pleasing business center that strengthens the economic vitality and values of the community.

(3)

It is further the intent that only aesthetically pleasing and functionally purposeful signs are displayed in the city in a way that the signs shall encourage effective communication or information and orientation for both citizens and visitors, and promote visual harmony with respect for the environmental character of the community. To further enhance the importance of preserving the historical and architectural heritage of the city, short- and long-term goals should include eventual implementation for uniformity of future signs to encourage and promote an expanding, attractive commercial climate within the city.

(4)

To carry out these general purposes, these regulations are intended to:

1.

Permit the effective use of signs as a means of commercial and non-commercial communication;

2.

Maintain and enhance the ability of the city to attract sources of economic development and growth;

3.

Maintain pedestrian and traffic safety and minimize the distractions, hazards and obstructions caused by signs;

4.

Minimize the possible adverse effects of signs on nearby public and private property;

5.

Preserve property values within the city and allow signs appropriate to the character of each zoning district;

6.

Enable fair and consistent enforcement of these sign regulations.

B.

This chapter recognizes the need for well-maintained and attractive sign displays within the community and the need for adequate business identification, advertising and communication. Because of the unique historic qualities of the City of Omro which need to be protected and enhanced, a high degree of control over the aesthetic nature and placement of signs is deemed to be an important public purpose. It is recognized that while personal preference may be expressed in selecting the size, shape, colors, type style, placement, method of mounting and other components in the design of signs, the planning commission is responsible for ensuring that only aesthetically pleasing and functionally purposeful signs are displayed in the City of Omro. Therefore, although a proposed sign may meet the basic requirements of this chapter, the ultimate decision concerning its final appearance shall rest with the planning commission (subject to the appeal procedure set forth in Chapter 17.80 of the Omro Municipal Code).

C.

This chapter authorizes the use of signs visible from the public right-of-way, provided the signs are:

1.

Compatible with the zoning district regulations;

2.

Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety;

3.

Legible, readable, visible and well-designed for the circumstances in which they are used;

4.

Respectful of the reasonable rights of other advertisers;

5.

Not covering any major architectural detail, authorized art/public art or murals;

6.

A new sign shall not interfere with the view of an existing sign.

D.

This revision of the previous ordinance demonstrates the need for a uniform program of properly displayed and properly maintained good quality signage relevant to the city.

E.

It is unlawful for any person, firm or corporation to locate, erect, move, reconstruct, extend, enlarge, convert or structurally alter any sign without first complying with the requirements of this chapter.

(Prior Code, § 13-1-140(a); Code 1998, § 17.68.010; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

This chapter shall be binding upon the owner of any property upon which a sign is placed, upon any lessee of such property, and upon any person who constructs or maintains signs within the city. This chapter shall govern all signs currently in use and those hereinafter installed in the city.

(Code 1998, § 17.68.015)

For purposes of this chapter, signs, sign structures and forms relating to signs, shall be classified and defined as follows:

1.

Abandoned sign means a sign which no longer correctly advertises a bona fide business, lessor, owner, product, activity conducted or product available on the premises where the sign is displayed or elsewhere.

2.

Advertising vehicle means signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from the public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

3.

Area of copy means the entire area within a single, continuous perimeter composed of squares or rectangles which encloses the extreme limits of advertising message, announcement or decoration of a wall sign.

4.

Area of sign means the area of the largest single face of the sign within a perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the signs may be placed. If the sign consists of more than one section or module, all areas will be totaled. Any irregular shaped sign area shall be computed using the actual sign face surface. In the case of wall signs, the area of copy will be used.

5.

Art/public art means items expressing creative skill or imagination in a visual form, such as painting, graphic art, murals, and sculpture which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from public areas.

6.

Awning means a roof-like covering consisting of fabric, plastic or structural protective cover that projects from the wall of a building which generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction.

7.

Awning sign means a projecting identification sign painted on or affixed flat to the surface of an awning and which does not extend vertically or horizontally from the awning.

8.

Banner means a non-illuminated elongated fabric sign usually used for temporary display for the special announcement of a common event. It is generally made of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework.

9.

Billboard means a ground sign 200 square feet or larger in area which shall not be allowed in the city.

10.

Building facade means that portion of a building which is parallel or nearly parallel to the abutting roadway.

11.

Building inspector means an agent of the City of Omro authorized to permit, inspect, approve or deny construction within the city and the authorized government representative on sign issues.

12.

Bulletin board means a sign used by governmental and institutional agencies to publicly display notices of meetings, services, regulations and announcements. Such signs are not necessarily designed to be read from a distance or by the traveling public.

13.

Canopy sign means a projecting sign affixed to or forming a part of a permanent canopy and which does not extend horizontally beyond the limits or edge of such canopy.

14.

Changeable copy sign means any sign, which is characterized by manually changeable words, letters, numbers or symbols (not including continuous moving, electronic message signs, or moveable copy signs).

15.

Downtown historic district means an historic district so designated by the city council in accordance with the procedures provided in Section 15.20.050 of the Omro Municipal Code.

16.

Downtown main street overlay district means a district so designated and approved by the city council as part of participation in the State of Wisconsin Main Street Program.

17.

Electronic message sign means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means to provide information concerning civic, charitable, or the advertising of products or services for sale on the premises.

18.

Flags or pennants means devices generally made of flexible materials, such as cloth, paper or plastic and displayed on strings or wires. Governmental entity flags shall be permitted at all times when displayed on poles or hung in a proper and dignified manner.

19.

Flashing sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including moveable copy signs or electronic message signs.

20.

Ground sign means a freestanding sign affixed to or placed on the ground and independent of any building or other permanent structure.

21.

Height of sign means the vertical distance from normal grade to the highest point of the sign. Any berming, filling, or excavating solely for the purpose of locating the sign shall be included as a part of the sign height. Note: The height of the sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest point of the sign face. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade of the sign is lower than the grade of the adjacent public/private street, normal grade shall be construed as the grade of the adjacent public/private street.

22.

Home occupation sign means a sign associated with a home occupation as defined in the zoning code.

23.

Marquee means 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.

24.

Marquee sign means any sign attached to, in any manner, or made a part of a marquee.

25.

Moveable copy sign means any sign characterized by continuous moving, pulsating, intermittent or flashing electronically produced words, phrases, numbers or pictures.

26.

Off-premises direction/sales sign means a sign or signs, which are intended to advertise or direct to, places of business or services not located on the same parcel of land ownership as the off-premise sign.

27.

Omro Historic District. The Omro Historic District is described as 251 E. Main Street (parcel 265-025601), 115 E. Main Street westward to 331 W. Main Street (parcel 265-0275, 265-0276, 265-0278, 265-0456, 265-0458, 265-0457, 265-0460, 265-0461, 265-0462, 265-046001, 265-0463, 265-046401, 265-0464, 265-0465, 265-0466, 265-0467, 265-046701, 265-0468, 265-0469, 265-0471, 265-047002), 120 W. Main Street to 160 E. Main Street (265-0498, 265-0500, 265-050101, 265-0501, 265-0316, 265-0315, 265-0314, 265-0311, 265-0310, 265-0309, 265-0308, 265-0307, 265-0306, 265-0305)

28.

Portable sign means 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; balloons used as signs, umbrella used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operation of the business.

29.

Projecting sign means a sign not attached (principally) to the ground and projecting more than 12 inches from the face of a building or other structure to which it is attached.

30.

Real estate for sale sign means a sign, placed by a licensed realtor or owner, offering a business, land or building for sale or lease.

31.

Roof sign means an outdoor sign painted, mounted or erected on the roof or extending above the roofline of a building. The term "roofline" means either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. The term "parapet or parapet wall" means that portion of a building wall that rises above the roofline. These signs are not permitted in the city.

32.

Sandwich (and any other readily moveable, freestanding sign) means a sign, not permanently attached to the ground or a building, which generally are temporary in nature and placed near the roadway. Such signs are allowed in the city on approval by the building inspector.

33.

Scrolling means a mode of transition on an electronic message sign in which the message appears to move vertically across the display surface.

34.

Sign means any identification, description, illustration or device, illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public and directs attention to a product, service, place, activity, person, institution, business or solicitation including any permanently installed or situated merchandise or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information.

35.

Sign area means that part of a total sign structure which encompasses the sign message, exclusive of the structure upon which the area is fixed, or which supports the sign area. For the purpose of computing the square foot area of a ground sign, any exposed structures which support a sign may not comprise more than one-third of the visible or exposed surface of one side of a total sign structure.

36.

Signable area means the area of facade of the building facing or abutting upon a street right-of-way up to the ceiling line of the first floor, which is free of windows and doors or major architectural detail on which signs may be displayed.

37.

Temporary for sale sign means a sign, normally constructed of cardboard, paper or thin plastic, used to advertise garage sales, porch sales, bingo parties, auctions and the like.

38.

Time and temperature sign means a sign which consists of an electronic or mechanical indication of time or temperature.

39.

Total sign structure includes the sign area plus any exposed area or members of the supporting structure on or to which the sign (sign message) is affixed. Decorative, landscaped earthen berms or structures which are composed principally of exposed earth and/or landscape (plant) materials shall not be included as a part of a total sign structure but shall meet sign setback requirements.

40.

Wall sign means a sign which is attached to a wall of a building or structure and projects not more than 12 inches from such wall. Such a sign shall not extend above the ceiling line of the first floor of a building or structure.

41.

Window sign means a sign affixed to or placed on the inside of a window and is visible from the exterior of the window.

42.

Zoning districts means as follows:

a.

Residence districts.

i.

R-1, single-family residence district.

ii.

R-2, single- and two-family residence district.

iii.

R-3, multifamily residence district.

b.

Business districts.

i.

C-1, central commercial district.

ii.

C-2, highway commercial district.

iii.

Downtown historic district.

iv.

Downtown Main Street overlay district.

c.

Industrial districts.

i.

I-1, light industrial.

ii.

IP-l, Industrial Park light industrial.

(Prior Code, § 13-1-151; Code 1998, § 17.68.020; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005; Ord. No. 482, 8-21-2019)

The following types of signs shall be prohibited within the city:

A.

Billboard signs.

B.

Abandoned signs.

C.

Roof and roof-top signs.

D.

Flashing, blinking, or animated signs, excluding permitted electronic message signs in C-1 and C-2 zoning districts, and excluding signs obtained by conditional use permit in residential zones for churches and schools.

E.

Moving, swinging or rotating signs. Signs containing moving parts and signs containing reflective elements that sparkle or twinkle in the sunlight are not permitted. Signs with physically moving components visible from the public right-of-way are not permitted except for those which revolve around a vertical axis at speeds less than seven revolutions per minute.

F.

Advertising vehicle signs.

G.

Signs that are attached affixed or supported by a tree, stone, cliff, or other natural object/living vegetation.

H.

Portable signs, except those permitted in the C-1 central commercial district and C-2 highway commercial district.

I.

Signs in the public right-of-way, except signs erected by a governmental agency, a franchise public utility company, or a contractor doing authorized or permitted work within the public right-of-way and banners for nonprofit organizations which are approved by the public works director or designee thereof, or projecting signs as provided for in Section 17.68.070B.2., C.2., and D.2.

J.

Signs, art/public art, or other advertising painted directly on walls unless specifically approved by the planning commission.

K.

Inflatable signs except temporary inflatable figures used in a parade, festival, civic event or holiday display, and novelty balloons less than two feet in diameter which are tethered or moored not to exceed 20 feet.

(Prior Code, § 13-1-140(b); Code 1998, § 17.68.030(A)—(I), (K), (L); Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005; Ord. No. 482, 8-21-2019)

When a building is occupied by a single occupant, who engages in more than one activity within the building, or the building contains two or more activities engaged in by separate occupants, only one projecting graphic will be allowed per building and must be assigned by the building owner or agent. The signable area for a wall sign may be divided among the building's occupants by the building owner or agent. All other graphic regulations for an individual zoning district, as set forth in this title, shall apply in all cases of joint or multiple building use or occupancy.

(Prior Code, § 13-1-140(c); Code 1998, § 17.68.040; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

Signs facing onto federal aid—primary highways shall meet all requirements and regulations set forth in the Wisconsin State Statutes and locations of signs set forth herein.

(Prior Code, § 13-1-140(d); Code 1998, § 17.68.050; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

Certain signs are permitted as accessory uses in an individual zoning district without a permit as set forth in the individual zoning district regulations. In addition, the following signs may also be allowed without a permit:

A.

Memorial Signs, Tablets, Name of Building and Date of Erection Signs. These signs are allowed when cut into any masonry surface or when constructed of cast metal and affixed flat against a structure and not illuminated.

B.

Official Signs.

1.

Any official signs such as traffic control, parking restrictions, information and notices are permitted;

2.

On-site private traffic and parking control signs not exceeding three square feet each in area and not exceeding ten cumulative square feet in area per property are allowed.

C.

Temporary Signs. Temporary signs may be allowed when authorized by the building inspector. For purposes of this provision, a "temporary sign" is one which will be used for no more than 30 days in any six-month period and which does not exceed 32 square feet in signable area.

D.

Masonry Nameplates. Metal or masonry nameplates attached to a building and not exceeding four square feet in sign area are allowed.

E.

Election Campaign Signs. Election campaign signs may be allowed in an individual zoning district without a permit, provided that:

1.

Permission has been obtained from the property owner, agent, renter or lessee;

2.

Such signs shall not be erected more than 45 days prior to an election and shall be removed within two calendar days following the election;

3.

Such signs in an agricultural district (A-1), single-family residential district (R-1), duplex (R-2), multifamily residential district (R-3), mobile home (R-4) and planned unit development (R-5) shall not exceed four square feet in sign area per sign nor more than a total of 20 square feet of sign area per individual property (ownership);

4.

Such signs in a central commercial district (C-1), highway commercial district (C-2) and light industrial district (I-1) shall not exceed four square feet in sign area per sign nor more than 32 square feet in sign area per individual property (ownership);

5.

No such sign will be permitted in the park and recreational district (P-1);

6.

The signs are located entirely on private property and not within the rights-of-way of public streets, roads, driveways, highways, or alleys, or on any other public lands;

7.

Such signs may not be illuminated in any manner. Signs cannot contain flashing lights or moving parts or in any other way fail to conform with Wis. Stats. § 84.30(4)(b);

8.

No such sign shall be placed within 100 feet of an entrance to a building containing a polling place. This includes an automobile with a bumper sticker or a cartop carrier with a campaign message on election day. An exception will be made for the period of time the occupant of the car is inside voting. Private property, which does not contain a polling place, even though it may lie within 100 feet of an entrance to a polling place, is not affected by this prohibition;

9.

State law requires that all political advertising signs used in a campaign must carry disclaimer information identifying its source. The disclaimer must state which campaign committee or individual candidate is actually paying or assuming responsibility for the sign. The disclaimer must be readable and legible. For example: "Paid for and authorized by John Doe for City Council;"

10.

Election campaign signs may not obstruct a window, door, fire escape, ventilation shaft or other area which is required by an applicable building code to remain unobstructed.

F.

Window Signs. Window signs may be permitted provided that:

1.

They are placed on the inside of glass door or windows;

2.

They shall not exceed, in area, 40 percent, or 12 square feet, of the glass area of the window or door upon which the sign is displayed.

G.

Real Estate for Sale Signs. Real estate for sale signs may be permitted in an individual zoning district for a maximum of 12 months, provided the sign is well maintained, under the following conditions:

1.

In the agricultural district (A-1), single-family residential district (R-1), duplex (R-2), multifamily residential district (R-3), mobile home (R-4), central commercial district (C-1) and planned unit development (R-5), these signs shall:

a.

Not exceed 16 square feet in sign area;

b.

Have no more than two signs per property (ownership);

c.

Be located entirely on private property and not on any public lands nor within the right-of-way of any public streets, roads, highways or alleys;

d.

Not be illuminated in any manner;

e.

Be removed within ten calendar days of the date of closure of the real estate transaction.

2.

In the highway commercial district (C-2) and light industrial district (I-1), these signs shall:

a.

Not exceed 32 square feet in sign area;

b.

Have no more than two signs per property (ownership);

c.

Be located entirely on private property and not on any public land nor within the right-of-way of public streets, roads, highways or alleys;

d.

Not be illuminated in any manner;

e.

Be removed within ten calendar days of the date of closure of the real estate transaction.

H.

Banners. Banners may be permitted in the central commercial district (C-1), highway commercial district (C-2) and light industrial district (I-1) under the following conditions:

1.

When these banners are displayed across or over any public street, road, highway or other public travel way, all Wisconsin State Statutes and federal regulations must be complied with;

2.

If the banners are fastened in any manner to any privately owned building or other structure, the permission of the owner of that building or structure must be obtained prior to the installation of the banner;

3.

Each individual banner may be displayed for a period not to exceed 21 calendar days in a six-month period. Each banner shall be marked with the date it was erected in such a manner that the date is visible from within ten feet;

4.

Banners advertising alcoholic beverages or tobacco products shall not be displayed on any city-owned park property.

I.

Temporary for Sale Signs. Temporary for sale signs may be permitted provided that:

1.

These signs are not displayed on public lands, structures or rights-of-way of public streets, roads, highways or alleys;

2.

They are not erected more than five calendar days prior to the start of the activity;

3.

They are removed the day after the activity has ended;

4.

The total display period shall not exceed ten calendar days, or a permanent sign permit shall be applied for;

5.

These signs are not illuminated in any manner;

6.

When located on private property, permission has been obtained from the property owner.

(Prior Code, § 13-1-141; Code 1998, § 17.68.060; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

A.

Signs Permitted in the Single-Family Residential District (R-1), Duplex (R-2), Agricultural District (A-1), Multifamily Residential District (R-3), Mobile home (R-4) and Planned Unit Development (R-5) with a Permit. The following signs are permitted in the above-mentioned districts upon the granting of a permit and subject to the following conditions:

1.

Home Occupation Signs. Home occupation signs shall conform to the following conditions:

a.

They shall not exceed four square feet in sign area.

b.

All home occupation signs shall be located on private property and shall not be located within the right-of-way of any public street, road, highway or alley.

c.

These signs shall not be located within the vision triangle, as defined in this zoning code.

2.

Subdivision or Residential Complex Signs. Permanent subdivision or residential complex identification signs shall be:

a.

Constructed of wood, metal or masonry;

b.

Of a design which will be compatible with the landscape;

c.

State only the name of the subdivision or residential complex;

d.

Such signs, their location and size shall be reviewed and approved by the planning commission prior to the issuance of a permit.

3.

Temporary Subdivision Sale Signs. Temporary subdivision sale signs shall be:

a.

No more than 32 square feet;

b.

No more than two per subdivision;

c.

May be erected for no more than 24 months.

B.

Signs Permitted in the Central Commercial District (C-1) with a Permit. The following signs are permitted in the above district upon granting of a permit and subject to the following restrictions:

1.

Wall Signs. Wall signs placed on or against the exterior wall(s) of a building shall:

a.

Not extend more than one foot outside of the building's wall surface;

b.

Not exceed, in sign area, the equivalent of two square feet for each linear foot of building (store) frontage facing an access street for any one premises;

c.

Not extend above the second floor window sills of the building upon, which they are located;

d.

Not cover windows, doorways or architectural detail, authorized art/public art or murals.

2.

Projecting Signs. Projecting signs fastened to, suspended from or supported by structures on business buildings shall:

a.

Not exceed 16 square feet in total area;

b.

Not extend into or above any public lands, streets, roads, highways or alleys;

c.

Not exceed a height of 25 feet above the adjacent centerline street grade;

d.

Not be less than ten feet above a sidewalk or 15 feet above a driveway.

3.

Ground Signs. Ground signs as defined herein shall:

a.

Not exceed 25 feet in height above the mean centerline grade of the nearest street;

b.

Not exceed, in sign area, 32 square feet at the street property line. Signs outside the historic district described in subsection (B)(8) may be increased by one square foot for each lineal foot of building façade up to 100 square feet. Corner lots may use the longest building façade side.

c.

Allow only one ground sign be constructed on a property less than one acre in size;

d.

Not exceed one sign for each street frontage of a single (individual) property larger than one acre in size;

e.

Be located entirely on private property and not within the right-of-way of any public street, road, highway or alley;

f.

Not to exceed two directional/sales signs in number per business.

4.

Off-Premise Signs. Off-premise directional/sales signs as defined herein shall:

a.

Meet the requirements of the type of sign as set forth in this chapter;

b.

Not exceed two directional/sales signs in number per business;

c.

Indicate the business name, direction and distance to the specific business, as well as the principal merchandise sold;

d.

Not exceed, in total area, 25 square feet, but may be increased in size by one square foot for each one foot the sign is set back from the street property line;

e.

Be placed no closer than 150 feet from another off-premise or ground sign.

5.

Flags and Pennants. Flags and pennants as defined herein may be used for advertising purposes on a temporary basis but the use of such advertising devices by an individual business operation shall be limited to no more than six occasions within a calendar year with a maximum period of ten days constituting an occasion and with each occasion being separated by a minimum of 20 days, during which time the flags or pennants shall be removed.

6.

Awnings. Awnings may not extend over road right-of-way.

7.

Portable signs will be permitted one per business during business hours.

8.

Electronic Message and Moveable Copy Signs. Such signs are restricted to the following:

a.

Allowed only on parcels or property whose buildings, structures, or location are non-contributing within the designated Omro Historic District as described in section 17.68.020.

b.

Must be part of a ground sign.

c.

Size is limited to 30 percent of total sign area.

d.

Must be placed perpendicular to Main Street, or the main roadway of direct access to the property if the property is not located on Main Street.

e.

Not be part of an off-premise sign.

f.

Limited to six changes of message per minute of picture or text.

g.

No strobe lights that resemble lighting of emergency vehicles.

C.

Signs Permitted in the Highway Commercial District (C-2) with a Permit. The following signs are permitted in the above district upon granting of a permit and subject to the following restrictions:

1.

Wall Signs. Wall signs placed on or against the exterior wall of a building shall:

a.

Not extend more than one foot outside of the building's wall surface;

b.

Not exceed, in sign area, the equivalent of two square feet for each linear foot of building (store) frontage facing an access street for any one premises;

c.

Not extend above the second floor window sills of the building upon which they are located;

d.

Not cover windows, doorways or architectural detail.

2.

Projecting Signs. Projecting signs fastened to, suspended from or supported by structures on business buildings shall:

a.

Not exceed 32 square feet in sign area or a square footage sign area that is equal to the distance in feet from the property line to the building on which the projecting sign is to be mounted, whichever is larger, for any one premises;

b.

Not extend into or above any public lands, streets, roads, highways or alleys;

c.

Not be less than eight feet from all side lot lines, or beyond the building wall, whichever is less;

d.

Not exceed a height of 25 feet above the adjacent centerline street grade;

e.

Not be less than ten feet above a sidewalk or 15 feet above a driveway.

3.

Ground Signs. Ground signs as defined herein shall:

a.

Not exceed 35 feet in height above the mean centerline grade of the nearest street;

b.

Not exceed, in sign area, 32 square feet at the street property line, but may be increased one square foot for each lineal foot of building façade up to 100 square feet (corner lots may use the longest building façade side) and additionally may be increased two square feet for each one foot the sign is set back from the street property line to a maximum of 125 square feet on one side;

c.

Allow only one ground sign be constructed on a property less than one acre in size;

d.

Not exceed one sign for each street frontage of a single (individual) property larger than one acre in size;

e.

Be located entirely on private property and not within the right-of-way of any public street, road, highway or alley;

f.

Not to exceed two directional/sales signs in number per business.

4.

Off-Premises Signs. Off-premises directional/sales signs as defined herein shall:

a.

Meet the requirements of the type of sign as set forth in this chapter;

b.

Not exceed two directional/sales signs in number per business;

c.

Indicate the business name, direction and distance to the specific business, as well as the principal merchandise sold;

d.

Not exceed, in total area, 25 square feet, but may be increased in size by one square foot for each one foot the sign is set back from the street property line;

e.

Be placed no closer than 150 feet from another off-premises or ground sign.

5.

Flags and Pennants. Flags and pennants as defined herein may be used for advertising purposes on a temporary basis but the use of such advertising devices by an individual business operation shall be limited to no more than six occasions within a calendar year with a maximum period of ten days constituting an occasion and with each occasion being separated by a minimum of 20 days, during which time the flags or pennants shall be removed.

6.

Awnings. Awnings may not extend over road rights-of-way.

7.

Portable Signs. Portable signs will be permitted one per business during business hours.

8.

Electronic Message and Moveable Copy Signs. Such signs are restricted to the following:

a.

Must be part of a ground sign.

b.

Size is limited to 30 percent of total sign area.

c.

Must be placed perpendicular to Main Street, or the main roadway of direct access to the property if the property is not located on Main Street.

d.

Not be part of an off-premise sign.

d.

Limited to six changes of message per minute of picture or text.

f.

No strobe lights that resemble lighting of emergency vehicles.

D.

Signs Permitted in the Light Industrial District (I-1) and Industrial Park District (IP-1) with a Permit. The following signs are permitted in the above district upon granting of a permit and subject to the following restrictions:

1.

Wall Signs. Wall signs placed on or against the exterior wall of a building shall:

a.

Not extend more than one foot outside of the building's wall surface;

b.

Not exceed, in sign area, the equivalent of two square feet for each linear foot of building (store) frontage facing an access street for any one premises;

c.

Not extend above the second floor window sills of the building upon which they are located;

d.

Not cover windows, doorways or architectural detail.

2.

Projecting Signs. Projecting signs fastened to, suspended from or supported by structures on business buildings shall:

a.

Not exceed 32 square feet in sign area or a square footage sign area that is equal to the distance in feet from the property line to the building on which the projecting sign is to be mounted, whichever is larger, for any one premises;

b.

Not extend into or above any public lands, streets, roads, highways or alleys;

c.

Not be less than eight feet from all side lot lines, or beyond the building wall, whichever is less;

d.

Not exceed a height of 25 feet above the adjacent centerline street grade;

e.

Not be less than ten feet above a sidewalk or 15 feet above a driveway.

3.

Ground Signs. Ground signs as defined herein shall:

a.

Not exceed 25 feet in height above the mean centerline grade of the nearest street;

b.

Not exceed, in sign area, 32 square feet at the street property line, but may be increased one square foot for each lineal foot of building façade up to 100 square feet (corner lots may use the longest building façade side) and additionally may be increased two square feet for each one foot the sign is set back from the street property line to a maximum of 125 square feet on one side;

c.

Allow only one ground sign be constructed on a property less than one acre in size;

d.

Not exceed one sign for each street frontage of a single (individual) property larger than one acre in size;

e.

Be located entirely on private property and not within the right-of-way of any public street, road, highway or alley;

f.

Not to exceed two directional/sales signs in number per business.

4.

Off-Premises Signs. Off-premises directional/sales signs as defined herein shall:

a.

Meet the requirements of the type of sign as set forth in this chapter;

b.

Not exceed two directional/sales signs in number per business;

c.

Indicate the business name, direction and distance to the specific business, as well as the principal merchandise sold;

d.

Not exceed, in total area, 25 square feet, but may be increased in size by one square foot for each one foot the sign is set back from the street property line;

e.

Be placed no closer than 150 feet from another off-premises or ground sign.

5.

Flags and Pennants. Flags and pennants as defined herein may be used for advertising purposes on a temporary basis but the use of such advertising devices by an individual business operation shall be limited to no more than six occasions within a calendar year with a maximum period of ten days constituting an occasion and with each occasion being separated by a minimum of 20 days, during which time the flags or pennants shall be removed.

6.

Awnings. Awnings may not extend over road rights-of-way.

(Prior Code, §§ 13-1-142 and 13-1-143; Code 1998, § 17.68.070; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005; Ord. No. 477, 1-13-2017; Ord. No. 482, 8-21-2019)

No illuminated signs, except those permitted in the single-family residential district (R-1), duplex (R-2), and multifamily residential districts (R-3) and mobile home (R-4) shall be permitted to face a residential zoning district when within 100 feet of such district boundary and no sign-related illuminating device shall be directed toward residential parcels in a predominantly residential district.

(Prior Code, § 13-1-144; Code 1998, § 17.68.080; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

Lighting, design, color and wording of signs shall meet the following requirements:

A.

Signs shall not be erected, relocated or maintained so as to prevent the free ingress or egress from any door, window or fire escape.

B.

No sign shall be attached to a standpipe or fire escape.

C.

Signs shall be placed so as to not to obstruct or interfere with traffic visibility.

D.

No sign shall be erected in the visibility triangle as defined in this zoning code.

E.

Signs shall not be lighted in any way, which causes glare or impairs visibility upon public ways.

F.

Decorative or wall art shall only be allowed after public hearing and affirmative action by the planning commission.

G.

Words, numbers and phrases on signs should be kept to a minimum and all sign lettering on the exterior of the buildings in the central commercial district (C-1), the highway commercial district (C-2) and the light industrial district (I-1) shall be no smaller than six inches in height.

H.

Words, numbers, logos or pictures shall not be added to an existing sign without the written permission of the building inspector.

I.

Business signs shall dedicate no less than 75 percent of each space to the business name and/or business logo.

(Prior Code, § 13-1-145; Code 1998, § 17.68.090(C)—(K); Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

Any legal nonconforming sign shall meet the following regulations:

A.

Notice of Nonconformance. After the enactment of this sign code, the facade/sign committee shall survey the city to inventory all signs to review construction and theme of all signs. Upon determination that a sign is nonconforming, the building inspector shall use reasonable efforts to notify, either personally or in writing, the user or owner of the property on which the nonconforming sign is located of the following:

1.

The fact that the sign is nonconforming;

2.

Whether the sign is eligible for characterization as a legal nonconforming sign or is an unlawful sign;

3.

That an additional sign permit will not be issued to any property owner or premises on which exists a legal nonconforming sign until such time as the property owner or premises has removed or altered all nonconforming signage and is deemed by the building inspector to be in complete compliance with the regulations of this chapter.

B.

Signs Eligible for Legal Nonconforming Status. Any sign located within the city limits as of the date of adoption of this sign code, or located in an area annexed to the city hereafter, which does not conform with the provisions of this sign code is eligible for characterization as a legal nonconforming sign and is permitted provided it also meets the following requirements:

1.

The sign is covered by a proper sign permit prior to the date of adoption of this sign code;

2.

If no permit was required under applicable laws for the sign in question and the sign was in all respects in compliance with the applicable laws on the date of adoption of this sign code;

3.

That an additional sign permit will not be issued to any property owner or premises on which exists a legal nonconforming sign until such time as the property owner or premises has removed or altered all nonconforming signage and is deemed by the building inspector to be in complete compliance with this chapter.

C.

Loss of Legal Nonconforming Status. A sign loses its legal 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 the requirements of this sign code than it was before the alteration;

2.

The sign is relocated;

3.

The sign fails to conform to the provisions of this chapter regarding maintenance and repair, abandonment or dangerous, or defective signs;

4.

On the date of occurrence of any of the above, either the sign shall be immediately brought into compliance with the regulations of this title and have a new sign permit secured, or the sign shall be removed;

5.

If there is damage to the sign for any reason to an extent of 50 percent of the total signage area, any replacement or repairs will need to bring the sign into full compliance with the regulations of this chapter.

D.

Applicability of Safety and Maintenance Rules. Nothing in this title shall relieve the owner or user of a legal nonconforming sign or the owner of the property on which the sign is located from the provisions of this title regarding safety, maintenance and repair of signs.

(Prior Code, § 13-1-146; Code 1998, § 17.68.100; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

A.

Maintenance and Repair.

1.

Every sign, including, but not limited to, those for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting (except when weathered or natural surface is intended), cleaning and other acts required for the maintenance of the sign.

2.

The building inspector shall require compliance with all standards of this title. If the sign is not modified to comply with the safety standards outlined in this title, the building inspector shall require its removal in accordance with this title.

B.

Abandoned Signs. All signs or sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business or service it advertises is no longer conducted or, for an off-premises sign, when the lease payment or rental income are no longer provided. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 30 days' written notice to remove the sign. Upon failure to comply with this notice, the city may cause the removal to be executed, the expense of which shall be assessed to the tax roll of the property on which the abandoned sign is located.

C.

Deteriorated or Dilapidated Signs. The building inspector shall cause to be removed any deteriorated or dilapidated sign under the provisions of Wis. Stats. § 66.0413.

(Prior Code, § 13-1-147; Code 1998, § 17.68.110; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

A.

Protection of the Public. The temporary occupancy of a sidewalk or street or other public property during the construction, removal, repair, alteration or maintenance of a sign is permitted provided the space occupied is roped and fenced off or otherwise isolated to prevent a hazard to pedestrians and property.

B.

Wind Pressure and Dead Load Requirements. All signs and other advertising structures shall be designed, constructed and fastened to withstand the actual dead load, live load and wind loads acting upon it without exceeding the allowable stresses of the material.

C.

Structural Design and Installation of signs. Structural design and installation of signs shall be done by experienced personnel and the property owner is responsible for the quality and safety, and shall ensure that the proper liability insurance is obtained.

D.

Projecting Signs; Where Allowed. Projecting signs are allowable if they meet the sign construction standards.

(Prior Code, § 13-1-148; Code 1998, § 17.68.120; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

A.

Permit Required. Prior to erection of a sign, it shall be the responsibility of the property owner, or his/her designee, or contractor, to secure a sign permit, when required by this sign code. Permits shall not be required for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance, and repair of the sign and sign structure.

B.

Application and Sign Erection Permit Fee. Application for a sign permit shall be accompanied by a fee as listed on the fee schedule in the clerk's office. The fee shall be tripled on signs erected without a permit.

C.

Liability. Acceptance of fees as proved herein shall not be deemed as assumption of liability by the city.

D.

Application Procedure. Application for permit shall be filed with the building inspector together with a permit fee for each sign according to the fee schedule.

E.

Signs Erected Without Permit. Signs installed without a permit are subject to the following provisions: Any sign erected, altered, moved or structurally modified without a permit or altered with a permit but in violation of the provisions of this chapter shall be removed at the owner's expense or brought into compliance within 30 days of written notification by the building inspector. If the violation is a failure to obtain a sign permit, a permit fee shall be required and the permit fee shall be triple the normal fee. In the event that the owner does not remove or bring the sign into compliance, the building inspector may order removal, the expense of which will be assessed to the tax roll of the property on which the noncomplying sign is located.

F.

Permit Issuance and Denial. The building inspector shall issue a permit for the erection, structural alteration, enlargement or relocation of a sign within the city when the permit application is properly made, all appropriate fees have been paid and the sign complies with the appropriate laws and regulations of the city. If the permit is denied by the building inspector, he/she shall give written notice of the denial to the applicant, together with a brief statement of the reasons for denial along with return of all permit fees and papers.

G.

Sign Permit Appeal.

1.

In the event any of the requirements herein contained cause undue or unnecessary hardship on any person, firm or corporation, a variance from the requirements may be applied for to the zoning board of appeals. An application for a variance must be made within ten calendar days after receipt of a notice that the sign involved does not conform with this chapter. In the event that the appeal is not made in writing to the zoning board of appeals within such ten-calendar-day period, a variance may not be granted. The zoning board of appeals is to take action on any variance request within 60 calendar days of receipt of the variance application. The city shall comply with and enforce the zoning board of appeals' decision.

2.

The failure to either formally grant or deny a sign permit within 30 calendar days of the date of application meeting the requirements of this sign code is filed, shall be cause for appeal to the zoning board of appeals.

H.

Indemnification for the Sign Installation and Maintenance. All persons engaged in the business of installing or maintaining signs which involves in whole or part the erection, alteration, relocation, maintenance of a sign or other sign work in, over or immediately adjacent to a public right-of-way or public property is used or encroached upon by the sign contractor, shall agree to hold harmless and indemnify the city, its officers, agents, and employees, from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of the sign or any other sign work insofar as this sign code has not specifically directed the placement of the sign.

(Prior Code, § 13-1-149; Code 1998, § 17.68.130; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)

A.

Application. Applications for permits shall be filed with the building inspector who shall review the application for its completeness and accuracy and approve or deny the application within 30 days of receipt unless the time is extended by written agreement with the applicant.

B.

Termination. A sign permit shall become null and void, if the work authorized has not been completed within one year from the date of issuance.

C.

Forms. Applications for sign permits shall be made on forms provided by the building inspector and shall contain or have attached thereto at least the following information:

1.

The name, address and telephone number of the applicant, along with the location of the building, structure or property to which or upon which the sign is to be attached or erected;

2.

The name of the person, firm, corporation or association erecting the sign;

3.

A copy of the written consent of the owner or lessee of the building, structure or land to which or upon which sign is to be affixed or erected;

4.

A scale drawing of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment;

5.

A scale site drawing indicating the location and position of such sign in relationship to any nearby buildings or structures, property boundaries and other signs;

6.

Information or message (or type of information or message) to be displayed on the face of the sign;

7.

Any additional information, such as photographs, which may be required by the building inspector;

8.

Payment of fee as set forth in the fee schedule that is filed in the office of the city clerk.

(Prior Code, § 13-1-150; Code 1998, § 17.68.140; Ord. No. 346, § 1(part), 1997; Ord. No. 388, § 1(part), 2003; Ord. No. 403(part), 2005)