Rice Lake City Zoning Code
ARTICLE VIII
Signs, Awnings and Canopies
§ 260-81 Purpose.
A.
The purpose of this article is to promote health, safety, general welfare and order within the City of Rice Lake through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights-of-way or properties. With this purpose in mind, it is the intention of this article to authorize signs which are:
(1)
Compatible with their surroundings.
(2)
Appropriate to the activity to which they pertain.
(3)
Expressive to the identity of the individual properties or the community as a whole.
(4)
Legible in the circumstances in which they are seen.
(5)
Safely located with respect to passing vehicular and pedestrian traffic.
(6)
Supportive and complementary to land use objectives set forth in this chapter.
B.
It is further the intent of this article to prohibit signs which:
§ 260-82 Definitions.
The following definitions shall apply to the interpretation and enforcement of this article:
A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
Any temporary sign which supports the candidacy of any candidate for political office or urges action on any other matter on the ballot for a primary, general or special election.
A sign, such as an electronically controlled public service time and temperature sign, where different copy changes are shown on the same lamp bank.
The average elevation of curb installed in the street to which the business or use has access. If such curb has not been installed, said elevation shall be determined as a proposed elevation by the City Engineer. Curb level on corner lots shall refer to the highest curb to which the sign message is directed.
A sign which provides direction or instruction and is located entirely on the property to which it pertains and which does not in any way advertise a business.
A sign which provides direction or instruction to a location not on the property on which the sign is located.
Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
A sign whose purpose is limited to group listing and identification of offices or business establishments within a single building, industrial or commercial park or otherwise singularly planned development.
Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.
Any directly or indirectly illuminated sign on which the artificial light is not constant in intensity and color at all times when such sign is in use. Automatic changing signs, such as public service time, temperature and date signs or electronically controlled message centers, are classed as changing signs, not flashing signs.
A divided trafficway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
Any sign supported by uprights, braces, poles or pylons placed upon the ground and not attached to any part of any building, with underclearance under 10 feet.
A marked state or federal highway.
An on-premises sign limited to identification of the name and address of occupants thereon, except that of registered trademarks and corporate logos.
Any sign which emanates light either by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign face.
A sign illuminated with a light so shielded that no direct rays from it are visible elsewhere than on the lot where illumination occurs.
A parcel of land.
The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of Rice Lake or a river.
A lot situated at the intersection of two streets, with the interior angle of such intersection not exceeding 135°.
That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a public way. In the case of a corner lot, the front line shall border the street upon which the address and main entrance are or will be located.
The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.
A single tract of land located within a single block which, at the time of filing for a building permit, is designated on a site plan by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
A sign designed to be mobile, usually mounted on wheels, such as trailers and trucks.
A nonelectrical sign identifying only the name, address and occupation or profession of the occupant of the premises on which the sign is located. If any premises include more than one occupant, "nameplate" refers to all names and occupations or professions as well as the name of the building and directional information.
Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the review of this article and any amendments thereto and which fails to conform to the applicable regulations and restrictions of this article or a nonconforming sign for which a special permit has been issued.
A commercial advertising sign or structure which advertises a business, product or service not on or offered on the premises on which the subject sign is located, or an opinion or political statement, and is of two main types:
Defined as "temporary signs."
Any sign supported by uprights, braces, poles or pylons placed upon the ground and not attached to any part of any building except with underclearance over 10 feet.
Any sign which expresses a political viewpoint or opinion or a viewpoint or opinion on an issue of the day, contains public discourse promoting a viewpoint or opinion, or presents information supporting the same, and does not support the candidacy of any candidate for political office or urge action on any other matter on the ballot for a primary, general or special election.
Any sign not permanently attached to the ground or a building.
Includes standardized posterboard 12 feet by 24 feet and painted bulletins up to 14 feet by 48 feet; a structure or framework attached to a building or the ground for the purpose of posting advertising bills, posters and painted signs. See "off-premise sign."
Any sign erected by the City of Rice Lake or a quasi-public agency approved by the Plan Commission of Rice Lake for the purpose of providing the public general directions to such public or quasi-public areas as business districts, industrial parks, municipally owned buildings, hospitals and other similar public points of interest.
Any sign intended primarily to promote items of general interest to the community.
Any sign pertaining to the sale, lease or rental of land or buildings.
A sign furnished or finished with a material designed to reflect light directed to it for the purpose of visibility at night with self-illumination.
A sign erected upon a roof or above the parapet wall of a building and which is wholly or partially supported by said building.
Any sign or portion of a sign which moves in a revolving three-hundred-sixty-degree motion.
A name, identification, display, illustration or statuary which is affixed to a structure or a piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
The surface of the sign upon, against or through which the message of the sign is exhibited.
The entire area within a single continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not include any structural elements outside the limits of such sign and not forming an integral part of the display.
A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway or however otherwise designated, but does not include driveways to buildings.
Anything constructed, the use of which requires location on the ground or attachment to something having location on the ground.
A permanent sign directing attention to a subdivision(s) located at a principal access point.
A banner, pennant, poster or advertising display that is not permanently attached to a building or the ground and which is intended to be displayed for a limited period of time not to exceed 45 days (also termed "point of sale sign").
See "mobile sign."
Any sign attached to or erected or painted on the wall of a building or structure and which projects not more than eight inches from the wall.
Any sign affixed to or visible through an exterior window of an enclosed building.
§ 260-83 Administration and enforcement.
§ 260-84 Sign permit required.
A.
It shall be unlawful for any person to erect, construct, enlarge, move or structurally modify any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the Community Development Department as required by this article. Permits shall not be required for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has been previously issued, nor for signs which currently have permits and which conform to the requirements of this article on the date of its adoption.
B.
Every sign permit issued by the Community Development Department shall become null and void if manufacture is not commenced within one year from the date of such permit.
§ 260-85 Permit application for on-premises sign.
Application for a permit shall be made upon forms provided for by the Community Development Department and shall contain or have attached thereto the following information:
A.
Name, address and telephone number of the applicant. (When the applicant is not the property owner, the sign owner shall also give the name and address of the property owner.)
B.
A site plan showing the location of the building, structure or lot to which the sign is to be attached or erected and showing the position of the sign in relation to nearby buildings, structures and property lines.
C.
A scale drawing of the plan showing the design of the sign, materials to be used, method of construction, lighting and means of attachment to the building or the ground.
D.
List of all other signs on the same property which are not exempted by this article, including conforming and nonconforming.
E.
If requested by the Community Development Department, calculations showing that the structure as designed meets the requirements of this article for deadload and wind pressure.
F.
Name and address of the person, firm, corporation or association erecting the structure.
G.
Any electrical permit required and issued for said sign.
H.
Insurance policy or bond as required herein.
I.
Such other information as the Community Development Department may require to show full compliance with this article and all other applicable laws of the City of Rice Lake.
J.
Signature of the applicant.
§ 260-86 Permit fee.
Application for a permit shall be filed with the Community Development Department, together with a permit fee for each sign as set forth in the fee schedule adopted as part of the annual budget document; provided, however, that the minimum fee for a permit, exclusive of any permit costs for electrical components, shall not be less than $5.
§ 260-87 Permit issuance and denial.
The Community Development Department shall issue a permit for the erection, structural modification or relocation of a sign within the city when application therefor has been properly made and the sign complies with appropriate laws and regulations of the city. If a sign permit is denied by the Community Development Department, it shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.
§ 260-88 Inspections.
A.
Before installation, all freestanding signs may be subject to a foundation inspection and a final electrical inspection by the Community Development Department.
B.
The permit applicant shall notify the Community Development Department upon completion of the work for which permits were issued.
C.
If work authorized by such permit is suspended or abandoned for one year any time after the work is commenced, a new permit shall be first obtained.
§ 260-89 Contractor's license.
No person or corporation shall perform any work for any other person or corporation or for any government entity for compensation in connection with the erection, construction, structural modification, moving or alteration of any sign in the city unless such person or corporation shall first have obtained a sign contractor's license from the City of Rice Lake in accordance with the following provisions:
A.
Remittance of an original license fee, if a new application, shall be as set forth in the fee schedule adopted as part of the annual budget document.
B.
The applicant shall also file with the City Clerk-Treasurer a certificate of insurance indicating that the applicant holds a public liability insurance policy, including completed operations, product liability and contractual liability, specifically to include the hold harmless provisions above, with bodily injury limits of at least $500,000 per occurrence and $500,000 aggregate and property damage insurance of at least $250,000 per occurrence and $250,000 aggregate. Such insurance shall not be canceled or reduced without the insurer first giving 30 days' written notice to the City's Clerk-Treasurer of such cancellation or reduction.
C.
Sign contractors shall have their licenses approved annually by the Community Development Department. Unsatisfactory decisions may be appealed to the Common Council.
D.
A sign contractor's license shall not be required for the manufacture or fabrication of new signs off site from where they will be erected.
§ 260-90 Construction specifications.
A.
Compliance with building code. (See Ch. 88, Building Construction.) All new signs shall comply with the appropriate detailed provisions of the City Building Code, particularly those provisions of the building code as they relate to exits, ventilation, high-voltage power lines or drainage. Signs shall also comply with the provisions of the applicable electrical code and the additional construction standards hereinafter set forth in this section.
B.
The Community Development Department may require documentation of adherence to applicable construction standards.
C.
Sign materials. All freestanding sign structures or poles shall be self-supporting and permanently attached to sufficient foundations and, in addition to meeting the requirements of the building code of the City of Rice Lake, shall comply with the following:
(1)
When glass is used for sign letters or transparent panels, safety or tempered glass shall be used.
(2)
Supports or braces may be of any material adequate to meet wind loading, wherein they shall be noncombustible, in accordance with the Rice Lake Fire Code. Supports and braces shall be an integral part of the sign design. Angle irons, chains or wire used for supports or braces shall be hidden from the public view to the extent technically feasible.
D.
No sign shall be suspended such that it will allow the sign to swing unrestricted due to wind action to such an extent that it may cause the sign support to be endangered.
§ 260-91 Signs not requiring a permit.
Signs not requiring a permit include:
A.
Art work. Graphic designs and displays that do not include a commercial message. Such shall not be located within 15 feet of the public right-of-way at street intersections nor over any public right-of-way.
B.
Construction signs. Two construction signs per construction project not exceeding 100 square feet in sign area, provided that such signs shall be erected no more than five days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction and shall be removed 60 days after completion of construction and prior to occupancy.
C.
Directional signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and which do not in any way advertise a business and do not exceed six square feet in a commercial or industrial district or three square feet in a residential district; signs such as, but not limited to, signs instructing persons as to the location of rest rooms, public telephones, walkways or acts prohibited or allowed or signs providing direction such as parking lot entrance and exit signs and those of similar nature.
D.
Flags. The flag, emblem or insignia of the United States, a nation, a state or a religious or fraternal organization and one corporate flag.
E.
Governmental signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.
F.
House numbers and nameplates. House numbers and nameplates not exceeding one square foot in area for each residential building.
G.
Interior signs. Signs located within the interior of any building or stadium or within an enclosed lobby or court of any building and signs for and located within the inner or outer lobby, court or entrance of any theater that are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical or material specifications as set out in this Code or the building code.[1]
H.
Memorial signs. Memorial signs or tablets, headstones, grave markers or names of public buildings and date of erection when cut in any masonry surface or inlaid so as to be part of the building when constructed of bronze or other incombustible materials.
I.
Neighborhood identification signs. In any zone, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the neighborhood or tract name and shall not exceed 16 square feet.
J.
Occupant signs. One sign for each dwelling unit not to exceed four square foot in area indicating the name of the occupant, location or identification of a home professional office.
K.
Plaques. Plaques or nameplate signs not more than two square feet in area which are fastened directly to the building.
L.
Campaign and political signs. Campaign signs on behalf of candidates for public office or measures on election ballots, provided that signs shall not be located within 15 feet of the public right-of-way at a street intersection, nor over the right-of-way in any instances. "At a street intersection" is defined, for this purpose, to include that distance necessary to insure the sign does not interfere with orderly traffic flow and vision of motorists and pedestrians.
M.
Real estate sales signs. One real estate sales sign on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies and is not directly illuminated.
(1)
Such signs in residential zones shall not exceed six square feet in area and shall be removed within 30 days after the sale, rental or lease has been accomplished.
(2)
Such signs in commercially or industrially zoned property shall not exceed 32 square feet in area and shall be removed within 30 days after this sale, rental or lease has been accomplished.
N.
Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building.
O.
Temporary signs. Temporary signs not exceeding 16 square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, holiday signs or advertising display, provided that such signs are intended to be displayed for a limited period of time not to exceed 45 days (including point of sale signs).
P.
Temporary window signs. In commercial and industrial zones, the inside surface of any ground floor window may be used for attachment of temporary signs. The total copy area of such signs, however, shall not exceed 50% of the total window area and shall not be placed on door windows or other windows needed to be clear for pedestrian safety.
Q.
Vehicular signs. A truck, bus, trailer or other vehicle while operated in the normal course of business which is not primarily the display of signs.
§ 260-92 Maintenance; removal of abandoned or dangerous signs.
A.
Maintenance and repair.
(1)
Every sign, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, except when a weathered or natural surface is intended, repainting, cleaning and other acts required for the maintenance of said sign.
(2)
The Community Development Department shall require compliance with all standards of this article. If the sign is not made to comply with safety standards outlined in this article, the Community Development Department shall require its removal in accordance with this section.
B.
Abandoned signs. All signs or sign messages shall be removed by the owner of the premises upon which the sign is located when the business which it advertises is no longer conducted or when rental or compensation is no longer provided, if said sign is of the off-premises type. If the owner fails to remove it, the Community Development Department shall give the owner not less than 120 days' written notice to remove it. Upon failure to comply with this notice, the Community Development Department or its duly authorized representative may remove the sign at cost to the sign owner pursuant to § 66.0709, Wisconsin Statutes.
C.
Dangerous or defective signs.
(1)
The Community Development Department shall cause to be removed any sign that endangers the public safety, such as dangerous or materially, electrically or structurally defective signs. The Community Development Department shall prepare a notice which may describe the sign and specify the violation involved, in which it shall state that if the sign is not removed or the violation is not corrected within a minimum of 24 hours up to 60 days, the sign may be removed in accordance with the provisions of this section.
(2)
All notices mailed by the Community Development Department shall be sent certified mail, with return receipt or served by personal service. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
(3)
For all other signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the owner of the property.
(4)
Any person having an interest in the sign or the property may appeal the determination of Community Development Department ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 30 days after the date of mailing the notice or 30 days after receipt if the notice was not mailed.
(5)
Notwithstanding the above, in cases of emergency, the Community Development Department may cause the removal of a dangerous or defective sign without notice.
§ 260-93 Special signs.
A.
Subdivision development signs.[1] The Community Development Department may issue permits for two temporary signs in any zone in connection with the marketing of lots or structures in a subdivision, subject to the following conditions:
(1)
Time limit. Such permits may be issued for two years and may be renewed until 50% of the lots have been sold, after which said signs shall be removed.
(2)
Text; content. The temporary subdivision sign may contain advertising in connection with the name of the subdivision, development firm, building contractor and real estate firm and may refer to materials, appliances, supplies and building trades used in connection with the dwelling units or services provided by the developer.
(3)
Location. Any subdivision development sign shall comply with all applicable setback requirements for the zoning district in which the property is located.
(4)
Size. Maximum sign area shall not exceed 320 square feet in up to two signs. The maximum area of each sign shall not exceed 160 square feet.
B.
Trailer or mobile signs are prohibited.
C.
Public and quasi-public directional signs.
(1)
A plan shall be provided to the City Plan Commission for a conditional use approval detailing the location, size and shape of the sign and the colors, wording and directions to be shown on the sign. Upon approval of the plan by the Plan Commission, the Community Development Department will issue a sign permit.
(2)
Each sign shall be mounted on a pole or post such that it does not interfere with the safe movement of vehicular or pedestrian traffic.
(3)
The Community Development Department and the Street Superintendent shall review the layout plan and provide recommendations to the Plan Commission regarding approval of the layout plan.
(4)
The sign shall be compatible with the surrounding development where the sign is to be placed.
(5)
The sign shall not be mounted on any pole or post that is used to display traffic control devices.
(6)
For each location, with the consent of the Rice Lake Utilities, a sign may be mounted on a streetlight pole or utility pole if it does not interfere with vehicular or pedestrian traffic and there is no other reasonable alternative.
(7)
The maximum size of the sign shall be no larger than four feet by six feet, with the largest dimension being vertical.
(9)
This class of sign shall not be used for advertising or directional signing for any private enterprise or private business.
(10)
The decision of the Plan Commission may be appealed by any interested person. Such an appeal of a Plan Commission decision may be made to the Zoning Board of Appeals.
D.
Sandwich-board signs. Such signage shall only be permitted in the Neighborhood Commercial District (CN), General Commercial District (C) and Central Business Overlay District (CBD) (whose geographic boundaries are defined in § 260-28B) zoned areas of the community. A sandwich-board sign is a hinged or unhinged A-frame portable sign. Such a sign is also considered to be a ground sign. Application for placement of such sign shall be made to the Community Development Department by the property owner or occupant. The following are considered to be appropriate standards for the placement of such signage in the aforementioned zoning districts:
(1)
A diagram depicting the sandwich sign and its content will be necessary for successful application. Such diagram shall include a scale drawing, size of letters, proposed colors and overall dimensions of the signage.
(2)
One sandwich-board sign is permitted, placed in the right-of-way immediately fronting the business, standing no more than four feet high and no more than two feet in width, for a total surface area of eight square feet. This restriction would not preclude the placement of birthday or main event signage throughout the year.
(3)
Such a sign shall be a two-sided sign.
(4)
Such signs shall not be placed so as to block building entrances, exits or clear passage along the public right-of-way.
(5)
The sign can only be displayed during normal business hours.
(6)
Such sign shall not be illuminated.
(7)
Such a sign shall not have a top angle of more than 20°.
(8)
The construction of the sign shall provide sufficient weight so that the sign will withstand wind gusts.
(9)
No attachments shall be allowed to the sign.
(10)
Such sign shall not display more than four colors, including the background.
(11)
Such signage shall adhere to any other pertinent regulations as so stated in this article.
§ 260-94 Design standards; signs permitted by zoning district.
A.
General design requirements.
(1)
Color. The illuminated part of a sign shall not be red, green or amber where they cause confusion with traffic signals and lights.
(2)
Corner and intersection locations. Sight distance or vision triangle shall be required from all street intersections and driveway intersections. Signs permitted in this area shall have an underclearance of no less than 10 feet.
(3)
Changing signs. Changing signs shall be used only for time, temperature and public service announcements, a maximum of two seconds for the complete message.
(4)
Rotating signs. Signs shall not exceed 10 revolutions per minute.
(5)
Animated signs. Animated signs shall be considered illuminated radiating signs.
B.
Name and number identification by zoning districts.
(1)
All signs are prohibited in the RS, R, RM, RE, A, AT, and W Districts except the following:
(2)
Signs are permitted in the CN, C, CH, O, IL, and I Districts, subject to the following restrictions:
(a)
Wall signs placed against the exterior walls of buildings shall not extend more than eighteen inches from a building's wall surface, shall not exceed 10% of the aggregate square footage of the wall area upon which they are installed.
(b)
A ground sign shall not exceed 30 feet in height above the center-line street grade and shall meet the yard requirements for the zoning district in which it is located. The area of a ground sign shall not exceed 100 square feet. Only one on-premises ground sign shall be permitted for each street frontage of the lot on which it is located.
(c)
A roof sign shall not exceed 10 feet in height above the roof, shall meet all the yard and height requirements for the district in which it is located and shall not exceed 250 square feet in all sides for any one premises.
(d)
Pole signs shall be allowed in front yard setbacks but not in or overhanging in a city right-of-way. Signs shall not be allowed in or overhang in side yard setbacks. Only one on-premises pole sign shall be permitted. The maximum total square footage for an on-premises pole sign shall not exceed 250 square feet per face.
(e)
On-premise pole signs located exclusively within the Highway Commercial (CH) Zoning District shall consist of no more than one on-premise pole sign no more than 70 feet in height or 70 feet above the Highway 53 center line, whichever is less.
(f)
On-premise signs exceeding 100 square feet or 25 feet tall shall not be allowed in the Neighborhood Commercial (CN) district.
§ 260-95 Off-premise signs.
A.
Purpose. The purpose of this section is to establish standards to regulate all off-premises advertising signs in all areas under the jurisdiction of this chapter.
B.
Location of advertising sign. Off-premises advertising signs regulated by this section shall only be permitted in the C, CH, IL or I Zoning District in the City of Rice Lake. No off-premises advertising signs shall be permitted in the RS, R, RM, RE, A, AT, CN, O or W Zoning District.
C.
Setback requirements. No part of an off-premises sign shall be closer to the street than the building setback lines of the district in which it is located.
D.
Spacing requirements. Off-premises signs located in the CN C, CH, IL or I Zoning District and also located on the same side of the street shall be spaced no less than 1,000 feet apart.
E.
Height restrictions. No off-premises signs shall exceed 30 feet in height.
F.
Sign area. The maximum total area to be allowed for off-premise signs shall be no greater than 250 square feet, except along limited access highways where they shall not exceed 750 square feet. A single face shall be no greater than 250 square feet.
G.
Clearance. The minimum allowed clearance from the ground to the bottom of any sign shall be five feet.
H.
Illumination.
(1)
Signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited.
(2)
Signs shall be effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways or skyward.
(3)
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
I.
Maintenance.
(1)
The area around off-premises signs shall be kept clean, and all scrub brush and tall grass, etc., shall be cleared away to a distance of five feet to the rear and sides of structures as well as to the front property line and, if on a corner, both property lines.
J.
Exclusionary areas. No off-premises sign larger than 32 square feet shall be erected within 200 feet of a residential, conservancy or public park district in the City of Rice Lake.
K.
Approval. Plan Commission approval is needed for construction and design of any off-premise sign in the Highway Commercial (CH) District.
§ 260-96 Awnings, canopies and projecting signs.
A.
Purpose. Awnings and canopies can be important elements to the traditional storefront mode, provided that they are designed and kept in good repair. Awnings and canopies come in many shapes, sizes, colors and materials based on either building infrastructure form or individual preferences and can encroach on the public way or contain signage. Only awnings and canopies that encroach on the public way or contain signage are regulated under this section. Awnings and canopies may service one or several of the following purposes. They can:
(1)
Reinforce the design characteristics of traditional commercial architecture.
(2)
Improve the image of the individual business.
(3)
Add a color component.
(4)
Provide shelter for customers.
(5)
Protect storefronts and merchandise from the elements and help control natural light.
(6)
Provide a place for signage.
(7)
Act as a transition between the storefront and the upper facade.
B.
Awnings, canopies, marquees and projecting signs permitted. Awnings, canopies, marquees and projecting signs are permitted in all commercial districts.
C. AWNING CANOPY(IES) FIXED AWNING HOOD MARQUEE AWNING PROJECTING SIGN RETRACTABLE AWNING
Definitions. The following words and definitions shall be deemed applicable to the subject matter documented in this section:
A sloped projection supported by a frame attached to the building facade or by posts anchored to the sidewalk. Awnings have three components: a structure or framework, an anchoring system and a covering material. The framework supports the covering and resists loads such as wind, snow and rain. The anchoring system connects the frame to the building facade or to the sidewalk. The covering material spans the frame, providing protection for both the framework and the anchoring system, as well as for the storefront and pedestrians below. Frames and anchoring systems are usually made of wood or metal, while covering materials can be quite varied. The standard form for awnings can be either fixed or retractable.
A flat projection(s) from the building facade. Although generally supported from above by cables or chains anchored to the building wall, canopies can also be supported from below by posts or cantilevered out from the face of the building. Canopies have the three components so listed and described within the definition of "awning."
One that is fastened to the building by a rigid framework. Standard fixed awnings can be opened on the sides or closed by a return. Across the front and sides, a fixed awning may have a valance, an extra panel of fabric which either hangs free or is fixed in place. Fixed awnings may also be construed as that type of hood or covering over doors and windows constructed of light metals or plastics mounted on frames which are not adjustable or movable.
The type of covering material, for either awnings or canopies, that is placed over the structure or framework. The benefits attributed to a hood or covering material are so described within the definition of "awning," with said benefits also applicable to canopies.
A structure that extends out over a sidewalk and is supported by poles in addition to being attached to the building.
Any sign extending more than 18 inches from the face or wall of the structure to which it is affixed.
One that is attached only at the top of its slope, permitting the fabric to be drawn up against the facade when the awning's protection is not needed. Retractable awnings are more restricted in shape than fixed awnings but allow greater flexibility in dealing with heat, light and the loads imposed by wind, rain and snow. Retractable awnings may also be construed as that type of hood or covering over doors and windows constructed of light metals, plastic, fabric or equivalent material mounted on frames which are adjustable and movable.
D.
Awning requirements. The following requirements for the erection of awnings within the City of Rice Lake are deemed to be in the public's best interest and are to be adhered to:
(1)
No person shall erect, repair or maintain any awning over any sidewalk or street within the City of Rice Lake contrary to any of the provisions so stated within this section.
(2)
No person shall erect any awning over the sidewalk or street without first obtaining from the Community Development Department or its authorized agent a permit therefor.
(3)
An awning, as defined within Subsection B, hereafter erected shall be firmly secured in place by means of frames and supports upon the walls of the building upon which it is placed. Such awning shall not extend over the sidewalk further than a point six feet back of the back edge of the curb or 1/2 the width of the sidewalk, whichever is greater.
(4)
The lowest rigid portion of any awning frame shall not be less than eight feet above the sidewalk if over a public right-of-way, and the lowest part of the scallop or valance shall be no less than seven feet above such sidewalk if over a public right-of-way when in use.
(5)
No awning shall extend above the roofline of the building to which it is attached.
(6)
Awnings shall leave the sidewalk wholly unobstructed to ensure the safety of the pedestrians.
(7)
No awning shall be completely or partially enclosed at the bottom thereof, and no wires, cables or pipes under or in the awning that carry heat, water or electricity shall be concealed; provided, however, that the Community Development Department or its designated agent may grant an exception therefrom prior to the issuance of the permit if there is no impediment to immediate observation of any fire or fire hazard.
(8)
A sign attached to an awning shall not exceed 40% of the area of such awning or the maximum copy area allowed for an individual sign in the zoning district in which it is located, whichever is less. An awning sign shall consist of only letters, emblems or insignia painted, sewn or similarly affixed upon the awning, and said sign shall be for identity use only and not for business messages.
E.
Canopy and marquee requirements. The following requirements for the erection of canopies or marquees within the City of Rice Lake are deemed to be in the public's best interest and are to be adhered to:
(1)
No canopy or marquee shall hereafter be erected without a permit first being secured from the Community Development Department or its authorized agent.
(2)
No canopy or marquee or other appendage shall have less than an eight-foot clearance between the grade of the sidewalk at any point and the lowest point of any projection or appendage of any such canopy or marquee. No part of any canopy or marquee shall extend further over the sidewalk than a point six feet back of the back edge of the curb or 1/2 the width of the sidewalk, whichever is greater. Such canopy or marquee must be suspended from the building it occupies with no supports resting upon the sidewalk.
(3)
The overall height of such canopies or marquees, including all projections, ornamentations, accessories or appurtenances, shall not exceed six feet, and there shall not be added after the original erection of such canopy or marquee any sign, poster or other thing extending beyond six feet above the eight-foot clearance required of said canopy or marquee.
(4)
Where projecting signs are erected above canopies or marquees, they shall in no manner be attached to any accessory, ornament or other thing of a temporary or permanent nature. Such signs shall be hung independently of the canopy or marquee.
(5)
All canopies and marquees shall have gutters and conductors connected with the sewer located at the building, and such canopies or marquees shall be so drained as not to discharge any water on the sidewalk, except as provided in the city's plumbing code.
(6)
Canopies and marquees shall be built of noncombustible material throughout and shall be capable of resisting a superimposed load of 30 pounds per square foot and shall extend from the lot line toward the curb at a height in the clear of not less than eight feet and slope and drain toward the building in accordance with the Plumbing Code of the City of Rice Lake.
F.
Projecting signs.
(1)
Projecting signs fastened to, suspended from or supported by structures (building) shall not exceed 100 square feet in area for any one premises.
(2)
Projecting signs will be allowed within the Central Business Overlay District (CBD), provided that they comply with the provisions in this section. The following requirements for the erection of projecting signs within the Central Business Overlay District (CBD) are deemed to be in the public's best interest and are to be adhered to:
(a)
There is one sign per parcel of property per street frontage.
(b)
The height is not to exceed that of the building except for fastenings up to 18 inches above the building cornice.
(c)
The minimum sign underclearance shall be 10 feet above adopted sidewalk grade.
(d)
The maximum sign area shall be 25 square feet.
(e)
Said sign is for identity use only and not for business messages.
(f)
The maximum amount of projection for said sign shall be four feet, but not closer than a line 18 inches from the vertical projection of the curb.
G.
Enforcement provisions. It shall be the responsibility of the property owner to maintain any such sign mounted on his building in a state of good repair and in compliance with this article. Awnings, canopies, marquees and projecting signs shall exist so long as they remain in a state of constant upkeep so as not to endanger the safety of the public. Those awnings, canopies, marquees and projecting signs found to be a detriment to the public's safety by the Community Development Department or its authorized agent shall be brought up to code. Failure to bring awnings, canopies, marquees and projecting signs up to code shall cause such signs to be removed at city expense, and such costs placed upon the property tax roll.
H.
Liability provisions. The owner or occupant of any building or the licensed sign installer erecting such awning, canopy, marquee or projecting sign shall provide proof, in writing, of commercial, general liability insurance to the Community Development Department or its authorized agent when making application for a sign permit. Should an owner or occupant of any building or a licensed sign installer erecting such a sign not have commercial, general liability insurance coverage, he shall provide for a liability bond with sureties to be approved by the Common Council in an amount equal to $100 per square foot, based upon the area of the underside of such structure, but in no case shall any bond be less than $5,000.