A complete sign application, signed by the applicant (see the definition of "applicant" in § 420-59), together with all required information and documentation, has been filed with the Village Zoning Administrator;

All applicable sign application fees imposed by or pursuant to this chapter have been paid to the Village (and no sign permit or special exception permit may be issued until all sign inspection fees imposed by or pursuant to this chapter have been paid);

All unpaid overdue forfeitures resulting from violations of any Village ordinance or code owed by the applicant or the owner of the property for which the sign or sign modification is proposed have first been paid, pursuant to § 66.0115, Wis. Stats., unless the imposition of such unpaid forfeiture(s) is being appealed;

With respect to a sign proposed for any lot or parcel created in violation of Chapter 395, Land Division and Development Control, of the Village Code, all such violations have first been cured, in accordance with § 395-14B of that chapter;

All outstanding building or zoning violations on the property on which the sign or sign modification is proposed, regarding which the Village has issued a written notice of violation, have first been cured, unless the notice of violation is being appealed; and

The use of the property on which the sign or sign modification is proposed is in conformance with the provisions of this chapter.

Except as is otherwise specifically provided in this article (without limitation, see §§ 420-73 and 420-75), a complete sign permit application or sign special exception permit application shall be filed with the Zoning Administrator, on a form supplied by the Zoning Administrator, for any proposed new sign or any proposed alteration, repair or other modification of an existing sign, including, without limitation, any proposed modification of or blanking out of the message or other display of a sign. Without limitation, such form shall require the following information: the name, address, telephone number and fax number of the applicant (the owner, occupant or user of the property who/which is seeking the permit); the name, address, telephone number and fax number of any person who is authorized to act for the applicant in connection with the application; the name, address, telephone number and fax number of the owner of the property on which the sign will be located or modified, if the applicant is not the owner (fax numbers for the applicant, agent and owner are optional); the street address of the property; the tax key parcel number(s) of the property; whether the property is part of a unified development; a representation that the owner of the property has authorized the installation, construction or modification of the sign if the applicant is not the owner; the physical type and function of the sign; the zoning classification of the property; the amount of the application fee submitted with the application; the total cost of any new sign or of any sign modification; and, with respect to any modification of a nonconforming sign, the cumulative cost of all modifications since the sign became nonconforming or since the effective date of Ordinance No. 00-09 (February 28, 2000), whichever is later, and the total cost of replacement.

Multiple sign permit applications, or multiple sign special exception permit applications, relating to the same property may be filed as a package to make efficient use of common supporting materials or to more efficiently demonstrate that the signs are coordinated for purposes of functionality and aesthetic appeal and that the design and materials of such signs are complementary to the use(s) on the property, to the design and materials of the buildings and structures on the property and to the other signs on the property.

A complete sign permit application or sign special exception permit application shall include or attach the following documents and information; provided, however, that the Zoning Administrator is authorized to waive in writing, on the application or separately, the submission of any information which is readily available to the Village or which is otherwise not required to process the application:

As soon as practicable after a sign permit application is complete, the Zoning Administrator shall approve or deny it. The Zoning Administrator, or his/her designee, shall have authority to impose any conditions reasonably based upon the requirements of this article. The Zoning Administrator, or his/her designee, shall promptly notify the applicant of the approval and any conditions of approval. If denied, the Zoning Administrator shall notify the applicant in writing by first-class mail, email or fax and state in such notice the reasons for any denial.

As soon as practicable after a sign special exception application is complete, the Zoning Administrator, or his/her designee, shall approve or deny it and state in its decision the reasons for any denial, any findings it is required to make to approve the application, and any conditions of its approval. The Zoning Administrator shall have authority to impose any conditions reasonably based upon the requirements of this article and any conditions which it reasonably determines are necessary for it to make any required findings. The Zoning Administrator, or his/her designee, shall promptly notify the applicant of the approval and any conditions of approval. If denied, the Zoning Administrator shall notify the applicant in writing by first-class mail, email or fax and state in such notice the reasons for any denial.

Neither a sign permit nor a sign special exception permit may be issued unless the proposed sign or proposed sign modification fully complies with all applicable requirements of this article and all applicable orders, decisions, permits or other approvals made or issued pursuant to this chapter and with all other applicable Village, county, state or federal statutes, ordinances, codes, regulations, permits or orders relating to land use, land division, environmental protection or development control.

Among the conditions that shall be imposed on any permit, to the extent applicable, are the following:

If a sign permit is not issued within 30 days after the date on which written notice of approval of the sign application was mailed or faxed to the applicant or the applicant's agent, the sign application approval shall automatically be void. No sign permit shall be issued on the basis of a void sign application approval. The applicant may reapply without prejudice.

The right to install, construct or modify a sign pursuant to a sign permit or a sign special exception permit shall automatically expire 12 months after the date of issuance of the permit. After such right expires, or after the permit is revoked or voided, or while it is suspended, no work requiring such a permit shall be commenced, continued or resumed until after a new permit is issued or until after the original permit has been reinstated. A suspension of the permit tolls the remainder of such twelve-month period.

The right to install, construct or modify a sign pursuant to a sign permit or a sign special exception permit may be extended in writing by the Zoning Administrator for up to 60 additional days upon a showing of good cause by the applicant and the payment of any permit extension fee imposed by or pursuant to this chapter, provided that the applicant's rights under the permit have not expired or been revoked or voided. New or amended sign regulations that have become effective after the approval of the initial sign permit shall be applied to any application for an extension, and an extension shall not be granted unless the original application is amended to conform to such new or amended sign regulations.

Prior to installation or construction of any new freestanding sign that requires a sign permit or a sign special exception permit, the applicant shall stake the proposed sign or any modification that changes the location or dimensions of the sign and any boundaries, buildings or objects for which sign setbacks have been established which are within the thirty-five-foot area of concern (or the fifty-foot area of concern with respect to a freeway sign or the ninety-foot area of concern with respect to the ordinary high-water mark of any navigable water) pursuant to § 420-62C(3) of this chapter and shall request that a staking inspection be performed by the Village. The applicant shall modify the staking to comply with the results of such staking inspection prior to commencing installation, construction or modification of the sign, and the sign shall be installed or constructed in accordance with the approved staking.

Within seven days of the completion of any sign that requires a sign permit or a sign special exception permit, the applicant shall request that the Village perform a final inspection to ensure that the sign is in compliance with the permit and the applicable provisions of this chapter. If necessary, the applicant shall promptly modify the sign to comply with the permit and this article. A sign for which such an inspection request has not been timely made or which has not promptly been modified to comply fully with the permit and this article is a violation of this chapter.

In the event the Zoning Administrator determines, prior to the completion of permitted sign work pursuant to a sign permit or sign special exception permit, that the sign or related work is not in accordance with the terms and conditions of such permit or the requirements of this article, or that the information on the basis of which the permit was approved or issued was untrue or inaccurate in material respects, the Zoning Administrator may suspend such permit, notify the applicant or the applicant's designated agent in writing by first class mail or by fax of the reasons for the suspension and issue a written stop-work order until the problem or defect is cured to the reasonable satisfaction of the Zoning Administrator. In the event the applicant refuses or fails to cure the problem or defect within 30 days following such notice of suspension, and after conferring with the applicant or the applicant's agent regarding such refusal or failure, the Zoning Administrator may revoke a sign permit and notify the applicant in writing by first class mail or by fax of the reasons for the revocation and any related violations.

In the event the Zoning Administrator determines, after the completion of work done pursuant to any such permit, that the sign or related work was not in accordance with the terms and conditions of such permit or the requirements of this article, or that the information on the basis of which the permit was approved or issued was inaccurate in material respects, the Zoning Administrator shall issue and cause to be served a notice of violation. If such violations are not cured to the reasonable satisfaction of the Zoning Administrator within 30 days following service of such notice of violation, the Zoning Administrator may, in addition to all other remedies, void the permit and promptly notify the owner and user of the property where the sign is located in writing by first class mail or by fax of the reasons for voiding the permit.

A sign installed, constructed or modified pursuant to a permit which has been revoked or voided is illegal and a violation of this article.

Indoor signs, flags, festoons and lights, unless their primary function is to be visible from outdoors (e.g., an illuminated beer sign in the front window of a tavern).

Lights, unless used in conjunction with a sign or used specifically for commercial advertising purposes.

Holiday decorations reasonably proximate in time to the holiday.

Hand-held signs, flags, festoons and lights.

Incidental signs (one square foot or less in area), unless there are more than two such signs within 15 feet of a building entrance.

Seed identification signs in an agricultural district, provided that they are less than two square feet in size.

Art work, except in the form of a freestanding sign, or when used in conjunction with an explicit message or text.

Decoration, not including logos (e.g., decorative striping on a building).

Architectural features containing elements that might be considered a sign, provided that the sign is not the principal reason for the architectural feature and is clearly incidental and subordinate to the function of the architectural feature.

Automobile signs that advertise a business or other entity or activity in which the automobile is used as an automobile on a day-to-day basis, other than merely for advertising.

Rooftop signs not visible from the ground or from other buildings.

Newspaper vending boxes.

Brand or model names or designations on equipment or goods.

Telephone booths.

Emergency signs erected by appropriate governmental or utility authorities.

Cemetery monuments.

Signs, flags and lights on floating boats.

Mailboxes.

Scoreboards used in connection with outdoor athletic facilities.

Any sign with flashing or pulsating lights, except pursuant to § 420-75I of this chapter (but excluding a validly permitted electronic changing message sign or electronic scrolling sign pursuant to § 420-76J or K of this chapter).

Any sign that moves or has moving or animated parts, except pursuant to §§ 420-75I and 420-76J or K of this chapter.

Any inflatable sign, including but not limited to tethered balloon signs or other gas-filled figures.

Any off-site sign, principal use sign or principal structure sign, except an official public sign pursuant to § 420-75I of this chapter, or except as may be approved in connection with planned development zoning.

Any temporary, spring-action metal advertising sign used, for example, to advertise cigarette or gasoline prices.

Any festoon, except as approved as a special event device pursuant to § 420-76AA of this chapter, or an official public sign pursuant to § 420-75I of this chapter.

Any commercial advertising sign painted on or attached to a bench, bus shelter, garbage can, or garbage enclosure, except incidental signs.

Any sign that creates a hazard or dangerous distraction to motorists.

Any sign that creates a public nuisance or a private nuisance to neighboring properties.

Any sign that resembles, imitates or approximates the size, shape, form and/or color of railroad or traffic safety signs, signals or devices.

Any sign that is lighted in such a way as to cause unpleasant glare upon any public street or highway or upon neighboring properties.

Any sign that is attached, fastened or anchored to a fire escape, fire ladder, standpipe or fire hydrant.

Any sign that prevents or hinders ingress or egress to or from public or private driveways, parking lots, fire escapes or doorways.

Any sign that prevents or hinders pedestrian traffic on a sidewalk.

Any sign that prevents or materially hinders the raising or placing of ladders against a building by the Fire & Rescue Department.

Any sign that is installed on or attached to any public utility facilities, except pursuant to § 420-75I or 420-76G of this chapter.

Any sign that is installed or constructed in or attached to trees or other landscaping within a public right-of-way, except pursuant to § 420-75I of this chapter.

Any vehicle that is painted as or displays a commercial advertising sign, which is parked on a lawn or other area where the parking of a vehicle is not permitted, or which is parked on or visible from a public street or highway, unless the vehicle is used in the day-to-day operations of the business or other entity or activity so advertised for a purpose other than such advertising.

A "for sale" or a price sign displayed on or in a vehicle parked within a public right-of-way.

Any sign located in the C-1 Lowland Resource Conservancy District, within the C-3 Natural and Scientific Area Resource Conservancy District, or areas regulated under the Floodplain Zoning Ordinance in Chapter 430, unless specifically allowed in such district or any district pursuant to this article.

Any sign located within a vision triangle,[1] except pursuant to § 420-75I of this chapter.

Any sign other than an emergency official public sign installed or constructed within the right-of-way of a Village street without the written approval of the Village.

Any sign containing statements, words or pictures that are obscene.

Any spotlights used as visual attention-getters.

Any sign walker. A sign walker is defined as a person that may be in a costume and/or that may be carrying a sign or may have a sign strapped, hung, affixed or over their clothes that is located outside of a building for extended periods of time advertising a commercial business or special offer/event.

Agricultural products identification sign.

Building address sign.

Building marker sign.

Contractor sign.

Election signs.

Flag/flagpole.

Memorial sign.

Neighborhood sign.

Official public sign and on-site official informational sign.

Personal message sign.

Private warning sign.

Real estate signs.

Window sign (nonilluminated).

Agricultural business identification sign.

Bulletin board sign.

Canopy sign.

Changeable copy sign. A changeable copy sign is only permitted as or as part of the following signs: primary monument sign, drive-through customer sign, bulletin board sign, wall sign, projecting sign and official public sign. (See § 420-66 of this chapter.)

Coming soon sign.

Commercial advertising sign. Without limitation, commercial advertising signs are subject to regulations relating to particular types of commercial advertising signs, e.g., primary monument signs, and to regulations limiting the aggregate permitted background of commercial advertising sign area (see § 420-78K) and limiting the use of freestanding signs as background commercial advertising signs (see § 420-78V).

Community banner sign.

Decorative pole sign.

Drive-through customer information sign.

Electronic changing message sign. An electronic changing message sign is only permitted as or as part of a primary monument sign, freeway sign, wall sign, projecting sign, or drive-through customer information sign. The message in an electronic changing message sign shall not change more frequently than once every three seconds. Such a sign shall not have the appearance of flashing or pulsing. (See § 420-66 of this chapter.)

Electronic scrolling sign. An electronic scrolling sign is only permitted as or as part of a primary monument sign, freeway sign, wall sign, projecting sign, or drive-through customer information sign. Such a sign shall not have the appearance of flashing or pulsing. (See § 420-66 of this chapter.)

Farm identification sign.

Freestanding sign. Without limitation, a freestanding sign may be used as a primary monument sign (or substituted decorative pole sign), secondary monument sign, freeway sign, various other identification signs, official public sign, on-site information sign, public interest sign, and various temporary signs but is restricted for other commercial advertising purposes (see § 420-78V of this chapter).

Freeway sign.

Home occupation sign.

Model home sign.

Multifamily residential development identification sign.

Nonresidential development identification sign.

On-site information sign.

Primary monument sign.

Projecting sign.

Public interest sign.

Real estate marketing sign.

Roof sign.

Secondary monument sign.

Single-family/two-family residential development identification sign.

Special event sign or device.

Temporary banner sign.

Temporary development sign.

Wall sign.

Window sign (illuminated).

See § 420-76G of this chapter relating to community banner signs that are suspended across a public street.

See § 420-78L of this chapter relating to signs for multi-occupant buildings that straddle tax key parcel boundary lines.

See § 420-78AA of this chapter relating to signs for nonconforming uses.

Coordinated, complementary signs. The commercial advertising and on-site information signs located on each property shall be coordinated for purposes of functionality and aesthetic appeal, and the design and materials of such signs shall be complementary to the use of the property, to the design and materials of the buildings and other structures on the property, and to the other commercial advertising signs and on-site information signs on the property. This subsection is not intended to limit the use of any logo or trademark on signs or to require that the colors appearing in a particular logo or trademark must be replicated throughout the signs on the property where such a logo or trademark is displayed.

One face. A sign shall not have more than one face unless expressly authorized by this article.

Safe, functional and attractive. All signs shall be designed, installed and/or constructed so as to be safe, functional and attractive.

Maintenance. All signs shall be maintained in a safe, attractive and well cared for condition and shall be promptly repaired, restored, repainted, replaced or cured as needed.

Waiving cured violations. The curing of an illegal sign or a violation of the provisions of this article shall not bar the Village from pursuing all legal remedies with respect to any prior violations, but the Village Zoning Administrator shall have the authority to waive, in writing, prior violations provided that a complete cure of such violations has been effected and that all costs incurred by the Village in connection with such violations and such cure, including, without limitation, any actual attorney fees, have been paid in full.

Intentional violation. The failure to cure a violation of this article within 30 days of service of a notice of violation shall be deemed to constitute an intentional violation. The filing during such thirty-day period of a complete application for a sign permit or a special exception sign permit required to cure the violation shall extend such period to 60 days after the permit application is approved, provided that the application is approved and that the permit is issued and that the cure is completed within such sixty-day period.

Minimum forfeiture for intentional violation. The minimum forfeiture for an intentional violation of this article shall be $250, and each day that an intentional violation continues shall be deemed to be a separate and distinct intentional violation.

Illegal signs. Any illegal sign shall be promptly removed or otherwise cured so as to eliminate any violation of this article. Any illegal sign shall be subject to removal by the Village, at the cost of the owner, if such sign is not removed or otherwise cured within 30 days after service of a notice of violation. The filing during such thirty-day period of a complete application for a sign permit or a special exception sign permit required to cure the violation shall extend such period 60 days after the permit application is approved, provided that the application is approved and that the permit is issued and that the cure is completed within such sixty-day period.

Effect of sign variance. A previously issued sign variance shall not be interpreted as immunizing a sign from subsequent amendments of this article or of any other applicable provisions of this chapter, to the extent that the effect of such amendments is to make the sign nonconforming.

Primary monument sign. Every property improved with a principal building that is used for any business, manufacturing, institutional or recreational purpose shall have a primary monument sign. Every primary monument sign shall include the street address of the property on which it is located, which shall be in letters and numerals at least three inches in height and at least 18 inches above the surface of the ground. If required, a primary monument sign shall be a condition precedent to occupancy.

Aggregate permitted background commercial advertising sign area.

Signs for buildings straddling tax key parcel boundaries without side setbacks. A special exception sign permit shall be required for the installation, construction or modification of any commercial advertising sign (including, without limitation, a modification of the message or other display) on a property on which is located a shopping center or shopping mall building, or any other building occupied by multiple businesses or other entities, which straddles a tax key parcel boundary without side yard setbacks, unless such tax key parcels are combined into a single tax key parcel; or the property is zoned for planned development, and a requirement of the planned development zoning is coordinated and complementary signs in accordance with Subsection A of this section; or the property is subject to a covenant running with the land requiring coordinated and complementary signs in accordance with Subsection A of this section, which has been approved by and is enforceable by the Village. A condition of any such special exception permit shall be that the subject sign shall be and shall continue to be coordinated and complementary.

Materials. All nontemporary signs, and all temporary signs having a height greater than four feet that are intended to be in place for 120 days or more, shall be constructed of sound, high-strength, appropriately sized, attractive materials that are resistant to rust, corrosion, rot or unattractive weathering to ensure safe construction.

Wind pressure requirements. All nontemporary signs, and all temporary freestanding signs having a height greater than four feet, shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of surface area.

Temporary occupancy or obstruction of public space. The temporary occupancy or obstruction of a sidewalk, public street or highway right-of-way, or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted with written approval of the Village or other body having jurisdiction, provided that the space occupied or obstructed is fenced off or otherwise appropriately isolated, that any required temporary warning signs or devices are installed and that all other applicable conditions or requirements are satisfied.

Obsolete signs.

Dilapidated signs.

Zoning Administrator. The Village Zoning Administrator shall have the authority and duty to interpret and apply the provisions of this article in the first instance.

Application to planned development districts. The provisions of this article shall automatically be incorporated by reference into any zoning ordinance establishing or amending the regulations applicable to a planned development zoning district except to the extent that the Village Board specifically approves in such ordinance other or different regulations relating to signs.

Nonconformities. The following regulations shall apply to and govern signs which are themselves a valid nonconforming use, or a valid nonconforming accessory sign, or a sign which relates to a valid nonconforming use:

Indemnification for sign installed, constructed or modified in Village street right-of-way. Any person who applies for a permit to install, construct, or modify a sign in the right-of-way of any Village street shall offer to enter into a written agreement with the Village, satisfactory in form to the Village Attorney, agreeing to indemnify, defend and hold harmless the Village, its officers, agents and employees for, from and against any and all causes of action, claims or demands of any person arising out of or relating to such sign or its location in the Village right-of-way or any work done on or in connection with such sign, and all related liability or costs (including reasonable attorney fees) incurred by the Village.

Freestanding signs. No freestanding sign may be used for any of the aggregate permitted background commercial advertising sign area allowed pursuant to the definition of "aggregate permitted background commercial advertising sign area" in § 420-59 of this chapter.

Standard minimum setback distances. The following standard minimum setback distances shall apply to all signs:

Reasonable need. Whenever this article provides that signs may be permitted based upon reasonable need, the following considerations shall apply, without limitation:

Wall sign or canopy sign for a particular business or other entity in a multi-occupant building. A wall sign or canopy sign for a particular business or other entity that has an obvious storefront area and its own dedicated entrance in a multi-occupant building shall not extend past the storefront area of the business or other entity so advertised.

Corner sign. In any situation where the maximum allowable dimensions of a sign are affected by whether or not it is located adjacent to an arterial street or highway, and a sign is located at the corner of an intersection and is essentially equidistant from the two intersecting streets or highways, and one of the intersecting streets or highways is arterial and the other is not, the sign shall be deemed to be located adjacent to an arterial street or highway.

Signs for nonconforming use. Notwithstanding any provisions of this article relating to the zoning districts in which certain types of signs may be permitted, it is the intent of this article that a nonconforming use may generally be permitted to have the same types of signs that it could have if it were a conforming use, but such signs require a special exception sign permit and are subject to more stringent regulation pursuant to Subsection T of this section..

Sign required for unit in unified development. A wall sign or a temporary banner sign is a condition precedent to occupancy of a store or other unit in a unified development that is or will be occupied by more than one business or other entity, if such store or other unit has its own dedicated entrance, and if the owner has exercised the option to apply the aggregate permitted background commercial advertising sign area on a per-store or other unit basis.

Service of notice of violation. Any notice of violation of this article shall be served on the person or entity occupying the property where the sign is located in the manner of serving a summons pursuant to § 801.11, Wis. Stats., and a copy of such notice shall promptly be mailed by first class United States mail to the last known address of the owner of such property and, if the owner or user of the sign is not the owner of the property, to the last known address of the owner or user of the sign. If there is no person occupying the property where the sign is located, or if service cannot be made pursuant to § 801.11, Wis. Stats., with reasonable effort, the mailed notice(s) shall suffice.