Somerset Village City Zoning Code
ARTICLE G
Signs, Canopies, Awnings and Billboards
§ 13-1-100 Intention of article.
The purpose of this Article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs, awnings, canopies and billboards. The provisions herein contained shall be binding alike upon every owner of a building, every lessee and every person in charge or responsible for or who causes the construction, repair, relocation or alteration of any outdoor sign and other advertising structures in the Village of Somerset; painting, posting and general maintenance are excepted.
§ 13-1-101 Definitions.
The following definitions are used in this Article:
(a)
AREA OF SIGN
The area is the perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight (8) straight lines.
(b)
AWNING
A temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.
(c)
BILLBOARD
A sign which advertises goods, products or facilities, or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.
(d)
BLANKETING
The unreasonable obstruction of view of a sign caused by the placement of another sign.
(e)
CANOPY
A canopy is a shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
(f)
CHANGEABLE COPY
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. Any sign, of which at least fifty percent (50%) of the total area is a "changeable copy" sign as defined herein, shall be considered a "changeable copy sign" for purposes of application of the requirements of this Article.
(g)
DAY
A day shall be designated as a period of time in terms of calendar days.
(h)
DIRECTLY ILLUMINATED SIGN
Any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.
(i)
DIRECTORY SIGN
Any sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.
(j)
ELECTRONIC MESSAGE UNIT SIGN
Any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.
(k)
FLASHING SIGN
Any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(l)
FREESTANDING (GROUND AND/OR POLE SIGN)
A sign which is supported by structures or supports in or upon the ground and independent of support from any building.
(m)
IDENTIFICATION SIGN
Any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.
(n)
INDIRECTLY ILLUMINATED SIGN
A sign that is illuminated from a source outside of the actual sign.
(o)
MARQUEE SIGN
Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
(p)
MONUMENT SIGN
A detached ground mounted sign that has a majority of the base of the sign within two (2) feet of the ground and has a total height no greater than eight (8) feet as measured from the original grade.
(q)
NONCONFORMING SIGN
Any sign which does not conform to the regulations of this Ordinance.
(r)
OFF-PREMISES SIGN
Any sign, device or display which advertises goods other than that commonly available or services other than that commonly performed on the premises on which the sign is located.
(s)
POLITICAL SIGN
Any sign displaying a candidate for an election, or a current election's subject matter.
(t)
PORTABLE SIGN/MESSAGE BOARDS
Any sign not permanently attached to the ground which is designed to be easily moved from one location to another.
(u)
REAL ESTATE SIGN
Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
(v)
ROOF SIGN
Any sign erected upon or over the roof or parapet of any building.
(w)
SIGN
A sign shall include anything that promotes, calls attention or invites patronage (or anything similar to the aforementioned) to a business, location or product.
(x)
TEMPORARY SIGN
Any sign which is erected or displayed for a limited period of time not to exceed twenty-eight (28) consecutive days or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight (8) square feet in area. Examples of temporary signs include banners and decorative-type displays. For purposes of this Chapter, a portable sign is not a temporary sign.
(y)
VISION TRIANGLE
The area formed by measuring the intersection of two (2) property lines at the intersection of two (2) streets, driveways or alleys to points fifteen (15) feet along said property lines and then connecting these two (2) points with a straight line.
(z)
WALL SIGN
Any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than sixteen (16) inches from such wall.
(aa)
WINDOW SIGN
Any sign located completely within an enclosed building and visible from a public way. For purposes of this Chapter a window sign shall not include any sign permanently attached in the window or directly painted on the glass.
§ 13-1-102 Permit.
[Ord. No. A554, § I, 6-19-2007; Ord. No. A-599, 9-20-2011]
(a)
Application. Except as specified in Section 13-1-103, no signs, billboards, awnings or canopies shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this Article. Signs shall not be erected or altered until a permit has been reviewed and approved by the Zoning Administrator/Building Inspector. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
(b)
Required information. Application for a sign permit shall be made in writing upon forms furnished by the Village which contain the following information about the sign: sketch of sign; dimensions, including display surface; materials; illumination; wiring; height above grade; distance from lot lines; and the person, firm or corporation erecting or altering the sign. A permit is not required for a copy change when no change in business name is involved.
(c)
Permit fees. Required permit fees shall be paid to the Zoning Administrator for each sign permit issued under this Article, provided, however, that a fee shall not be charged for bringing an existing sign in conformity with this Article, or for a copy change when no change in business name is involved.
(d)
Measuring signs. In calculating the area of a sign to determine whether it meets the requirement of this Chapter, the Zoning Administrator shall include the sign copy and any border or frame surrounding that copy. Support structures or bracing of a sign shall be excluded from the area calculation. Area of irregular shaped signs or signs contained two (2) or more detached elements shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.
(e)
Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of One Hundred Thousand Dollars ($100,000.00) for bodily injury and Two Hundred Thousand Dollars ($200,000.00) aggregate and One Hundred Thousand Dollars ($100,000.00) property damage. Proof of insurance shall be presented to the Zoning Administrator before the sign permit is granted. This insurance requirement is also applicable to property owners erecting signs requiring a permit on their own property.
(f)
Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Zoning Administrator who will assure the sign complies with the regulations of this Article. If a building permit was also required the applicant shall also notify the Building Inspector.
§ 13-1-103 Installation requirements and general standards.
(a)
Installation. All signs shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the Zoning Administrator and/or Building Inspector.
(b)
General requirements.
(1)
Construction standards. All signs, except flat signs and those signs weighing less than ten (10) pounds, shall be designed, fastened and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed, attached, fastened or anchored to adequately support the dead load and any anticipated live loads (i.e., ice, snow) of the sign.
(2)
Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.
(3)
Roof signs. No sign shall be located so as to project above the parapet line unless approved by the Zoning Administrator.
(4)
Projection. Signs including supports shall not interfere with surrounding properties or traffic.
(5)
Prohibited mounting. No signs shall be painted on, attached to or affixed to any trees, rocks, or other similar organic or inorganic natural matter, including utility poles or apparatus.
(6)
Blanketing. Blanketing of signs on buildings shall not be allowed.
(7)
Maintenance. All signs, including supports and attachments, shall be properly maintained and have an appearance that is neat and clean. All signs shall be kept in good structural condition, well painted, and clean at all times and the immediate premises shall be maintained in a clean, sanitary and inoffensive condition and kept free and clear of all obnoxious substances, rubbish and weeds.
(8)
Annexed areas. All signs in newly annexed areas shall comply with this Article within five (5) years of annexation.
(9)
Size and number regulations. In addition to any other size and number restrictions contained in this Chapter, the total amount of signage to be allowed on any lot zoned Commercial or Industrial shall be determined by the following ratio: Two (2) square feet of signage per lineal foot of street frontage, not including alley ways, shall be allowed. No single sign may exceed two hundred fifty (250) square feet in area per side. All signs placed on a lot, except for signs described in Section 13-1-104(a)(5) and (10), shall be considered for purposes of applying this size and number limit.
(10)
Building and electric codes. Any sign which incorporates any type of structure into its design shall require a building permit. Any sign shall also be in conformance with all applicable building and electric codes.
§ 13-1-104 Exemptions from permit requirement.
The following signs do not require a sign permit, provided that they are not located over a public road right-of-way or in, on or over public water or sewer easement:
(a)
Commercial, Industrial and Planned Unit Development (Commercial/Industrial) Districts.
(1)
Warning signs not to exceed four (4) square feet located on the premises.
(2)
Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.
(3)
Official signs, such as traffic control, parking restriction, information and notices.
(4)
Rummage or garage sale signs not to exceed eight (8) square feet in area, but use of this type of sign shall be limited to seventy-two (72) hours per sale.
(5)
Signs designating entrances, exits, service areas, parking areas, restrooms limited to three (3) square feet per side and no more than one (1) sign permitted per entrance, exit, service area, parking area or restroom.
(6)
Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers or names of occupants of premises.
(7)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(8)
Legal notices, identification information or directional signs erected by governmental bodies.
(9)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(10)
Signs directing and guiding traffic and parking on private property (but bearing no advertising matter) and limited to three (3) square feet per side and no more than one (1) sign permitted per entrance, exit, service area, parking area or restroom.
(11)
Political message signs during an election campaign, as defined in Sec. 12.04(1), Wis. Stats., limited to three (3) per premises, and subject to the Village Board's authority to regulate size, shape and placement for the public safety. Political signs may be posted sixty (60) days before an election and must be removed within ten (10) days after said election. Said sign shall be a maximum of thirty-two (32) square feet.
(12)
Window signs.
(13)
Bills, posters and banners.
(14)
Real estate signs not to exceed four (4) square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporarily located.
(b)
Residential, Conservancy and Agricultural Districts.
(1)
Signs over show windows or doors of a business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two (2) square feet.
(2)
Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.
(3)
Official signs, such as traffic control, parking restrictions, information and notices.
(4)
Awnings or canopies servicing only a particular single-family dwelling unit, provided the same shall conform to the regulations applicable to the zoning district in which the same are located.
(5)
House numbers or signs identifying parks or country clubs or official bulletin boards.
(6)
Political message signs during an election campaign, as defined in Sec. 12.04(1), Wis. Stats., limited to three (3) per premises, and subject to the Village Board's authority to regulate size, shape and placement for the public safety. Political signs may be posted sixty (60) days before an election and must be removed within ten (10) days after said election. A maximum of twelve (12) square feet total sign area per premises is permitted.
(7)
Rummage or garage sale signs not to exceed eight (8) square feet in area, but use of this type of sign shall be limited to seventy-two (72) hours per sale.
(8)
Real estate signs not to exceed four (4) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are temporarily located.
(9)
Bulletin boards for public, charitable or religious institutions not to exceed eight (8) square feet in area located on the premises.
(10)
Home occupation and professional home office signs not to exceed two (2) square feet in area and mounted flush against the dwelling.
(c)
Section exclusive. Any sign not specifically described in this Section shall require a sign permit as provided in this Article.
§ 13-1-105 Regulation of signs within commercial and industrial districts.
(a)
Restrictions. The following signs shall require a permit to be issued by the Village of Somerset. Signs may be permitted in all C-1, C-2 and C-3 commercial/business, planned unit development (commercial/industrial), manufacturing/industrial districts, and agricultural and conservancy districts, subject to the following restrictions:
(1)
General requirements.
a.
Any sign not to exceed two hundred fifty (250) square feet on one (1) side with a total of five hundred (500) square feet all sides. Exception to the size regulation will be oversized existing signs as of October 1, 1981 if the oversized existing sign will conform to all other provisions of this Article.
b.
Off-premises signs of the same business shall not be placed closer than fifty (50) feet from each other. Exception to the distance will be existing signs as of September 13, 1983 but no off-premises sign may be placed within fifty (50) feet of the existing same business sign after that date.
c.
Sign must be professional in appearance and maintained in that way.
d.
Business signs painted or placed flat on an off-premises building lighted or unlighted will conform to Subsection (1)a. above. Exception to this will be existing business signs as of September 13, 1983.
e.
All signs, including support structure, legs, guide wires, straps, etc., not attached to a building must be set at least five (5) feet from any property or right-of-way line.
f.
No sign shall project more than thirty-five (35) feet above the curb level.
(2)
Marquee, awning or canopy signs. Marquee, awning, or canopy signs affixed flat to the surface of the marquee, awning, or canopy are permitted providing that the sign does not extend vertically or horizontally beyond the limits of said marquee, awning, or canopy. A marquee, awning, or canopy may extend to within one (1) foot of the vertical plane formed by the curb. A name sign not exceeding two (2) square feet in area located immediately in front of the entrance to an establishment may be suspended from a canopy provided that the name sign shall be at least ten (10) feet above the sidewalk.
(3)
Time and temperature devices. Time and temperature devices may be erected as either ground signs or wall signs and shall meet all requirements attendant to those sign types. No time and temperature device, however, shall be located closer than seven hundred fifty (750) feet to another time and temperature device.
(4)
Window signs. Window signs shall not exceed fifty percent (50%) of the glass area of the pane upon which the sign is displayed and shall be mounted on the inside of the building.
(5)
Roof signs. Roof signs are prohibited within the Village of Somerset, except as provided herein.
(b)
Lighting. Business and industrial signs may be internally lighted or illuminated by a hooded reflector, provided, however, that such lighting shall be arranged to prevent glare and no sign shall be lighted by a lighting of intermittent or varying intensity. Animated signs, or signs having moving parts, or signs which may be mistaken for traffic signal devices, or which diminish the visibility or effectiveness of such traffic signal devices are prohibited.
(c)
Signs causing obstruction prohibited. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as means of ingress or egress, or for firefighting purposes, or placed so as to interfere with any opening required for legal ventilation is prohibited. Guidelines as defined in Section 13-1-101 will be used for sight clearance/sight triangle requirements for all applicable intersections of streets, alleys or driveways.
(d)
Signs at intersection prohibited. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct clear vision of the intersection. Guidelines as defined in Section 13-1-101 will be used for sight clearance/sight triangle requirements for all applicable intersections of streets, alleys or driveways.
(e)
Directional signs require a sign permit if visible from a public street or road. Permits for official metal brown and white directional signs per Village specifications for a Recreation Business may be applied for to the Village Board. If approved the Village will furnish and install the sign with the applicant paying the full cost.
§ 13-1-106 Regulation of signs within residential districts.
The following nonflashing, nonilluminated signs are permitted following issuance of a sign permit under the conditions specified in all residential and planned unit development (residential) districts established by this Chapter:
(a)
Nameplate and identification signs. Subject to the following:
(1)
Area and content—Residential. There shall be not more than one (1) nameplate, not exceeding two (2) square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted home occupation. On a corner lot, two (2) such nameplates for each dwelling unit (one facing each street) shall be permitted.
(2)
Projection. Such signs shall be affixed and flat against the wall of the building.
(3)
Height. No sign shall project higher than one (1) story or fifteen (15) feet above curb level, whichever is lower.
(b)
"For Sale" and "To Rent" signs. Subject to the following:
(1)
Area and number. There shall be not more than one (1) sign per zoning lot, except that on a corner zoning lot two (2) signs (one facing each street) shall be permitted. No sign shall exceed eight (8) square feet in area nor be closer than twelve (12) feet to any other zoning lot. Such signs shall not be located in a public right-of-way and shall only be located on the property offered for rent or sale, unless written permission is first secured from the property owner.
(2)
Height. No sign shall project higher than one (1) story or fifteen (15) feet above curb level, whichever is lower, when attached to a building; detached or freestanding signs shall not be more than four (4) feet in height, measured from the soil grade to the top of the sign post.
(c)
Signs accessory to parking area. Subject to the following:
(1)
Area and number. Signs designating parking area entrances or exits are limited to one (1) sign for each such exit or entrance, and to a maximum size of two (2) square feet each. One (1) sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine (9) square feet, shall be permitted. On a corner lot, two (2) such signs (one facing each street) shall be permitted.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than seven (7) feet above curb level.
(d)
Signs accessory to roadside stands. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of the roadside stand and advertising the agricultural products for sale therein.
(2)
Area and number. The signs shall be on the same zoning lot (either zoned agricultural or with a conditional use permit) as the roadside stand, and there shall be not more than two (2) signs per lot. No sign shall exceed twelve (12) square feet in area nor be closer than fifty (50) feet from any other zoning lot.
(3)
Projection. No sign shall project beyond the property line into the public way.
(4)
Height. No sign shall project higher than fifteen (15) feet above curb level.
(5)
Permit. A sign permit is required for this type of sign.
(e)
Temporary signs accessory to subdivision developments or other permitted improvements in residential districts. Subject to the following:
(1)
Content. The signs shall be only for the purpose of identification of homes for sale or rent in the subdivision under construction, or for the identification of other nonresidential uses under construction.
(2)
Area, number and setback. Such signs shall not exceed two (2) in number for each subdivision nor fifty (50) square feet each in area. They shall observe the front yard requirement of the principal use and shall be located at least fifty (50) feet from all other boundaries of the site.
(3)
Height. No sign shall project higher than eight (8) feet above curb level.
(4)
Time limitations. The sign or signs shall be removed by the applicant or property owner within one (1) year of the date of the issuance of a sign permit.
(f)
Subdivision identification signs. Subject to the following:
(1)
Content. The signs shall bear only the name of the subdivision or development.
(2)
Area and number. There shall be not more than two (2) signs located at each entrance to a subdivision. No sign shall exceed thirty-two (32) square feet in area. Such identification signs shall only be erected after review by the Zoning Administrator and approved by the Plan Commission.
(3)
Height. No sign shall project higher than twelve (12) feet above curb level; the Village Board may, however, temporarily authorize a larger sign for a period not to exceed two (2) years.
(4)
Permit. A sign permit is required for this type of sign. Drawings showing the specific design, appearance and location of the sign shall be submitted to the Zoning Administrator for approval. The location of any such sign shall be at the discretion of the Zoning Administrator and Plan Commission based upon the character of the area, the type and purpose of the sign and the length of time permitted.
(g)
Nonflashing, illuminated church bulletins. Subject to the following:
(1)
Area and number. There shall be not more than one (1) sign per lot, except that on a corner lot, two (2) signs (one facing each street) shall be permitted. No sign shall exceed sixteen (16) square feet in area nor be closer than eight (8) feet from any other zoning lot.
(2)
Projection. No sign shall project beyond the property line into the public way.
(3)
Height. No sign shall project higher than one (1) story or fifteen (15) feet above the curb level, whichever is lower.
§ 13-1-107 Vehicular signs prohibited.
Any use of a parked vehicle, trailer, or mobile devices as an advertisement, directional sign, or a view obstruction is prohibited. Definition of a vehicle: Any object or structure that has wheels, tracks or runners. This does not apply to vehicles being used normally for delivery or service or the use of parked vehicle used as an advertisement or directional sign if the vehicle is not visible from a public street or road.
§ 13-1-108 Landscaping encouraged.
Landscape features such as plant materials, berms, boulders, fencing and similar design elements unincorporated or in conjunction with the freestanding signs are encouraged and shall not be counted as allowable sign area.
§ 13-1-109 Certain signs not permitted.
(a)
Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs, canopies and awnings shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign, awning or canopy shall be placed so as to obstruct or interfere with traffic visibility. No sign shall be placed in the vision triangle as defined herein.
(b)
Moving or flashing signs. No sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights or bare reflecting-type bulbs, except those giving public service information such as time, date, temperature, weather or similar information or where allowed by conditional use permit. No signs, billboards or other advertising media which creates a hazard or dangerous distraction to vehicular traffic or a nuisance to adjoining residential property shall be permitted in any district.
(c)
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way, except for municipal traffic control, parking and directional signs and as otherwise specified in this Chapter, or be located within five (5) feet of a property line.
§ 13-1-110 Abandoned signs. [1]
[Ord. No. A554, § I, 6-19-2007]
(a)
Off-premises signs. All sign messages shall be removed by the owner or lessee of the premises upon which an off-premises sign is located when the business it advertised is no longer conducted where advertised.
(b)
On-premises signs. All on-premises sign messages which advertise a business which is no longer operating shall be removed by the owner or lessee of the premises upon which the sign is located. No longer operating as used in the preceding sentence shall mean the business or enterprise has not been operating for a continuous period of one year or more.
(c)
Violations. If the owner or lessee of a premises upon which an on-or off-premises sign which violates the provisions of this Section is located fails to remove the sign, the Zoning Administrator shall give the owner sixty (60) days' written notice to remove the sign. If the owner or lessee fails to comply with any such directive, the Zoning Administrator may remove the sign, and any costs associated with such action shall be charged to the owner of the property or may be assessed as a special charge against the property. In addition, the Zoning Administrator may take any other appropriate legal action necessary to attain compliance with the provisions of this Section.
[1]
Editor's Note: Former § 13-1-110, which pertained to removal of hazardous or abandoned signs and derived from the original codification, was repealed 6-19-2007 by Ord. No. A554.
§ 13-1-111 Regulation of certain specialized signs.
[Ord. No. A-642, 7-18-2017]
(a)
Electronic message unit signs.
(1)
Electronic message unit signs will only be allowed in the C-2 Highway Commercial District. Electronic message unit signs may be allowed in the C-3 Professional Office District and I-1 Industrial District with the approval of a conditional use permit.
(2)
Mobile or moveable electronic message unit signs are not allowed. All signs must be mounted on a permanent base or pole.
(3)
The area of an electronic message display sign shall not exceed thirty (30) square feet per side.
(4)
Only on-premises advertising, time, temperature and noncommercial messages may be displayed.
(5)
Operational limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or other subtle transitions and frame effects that do not have the appearance of moving text or images. Displays shall not include any flashing or varying of light intensity.
(6)
Each message on the sign must be displayed for a minimum of four (4) seconds.
(7)
Electronic message unit signs capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once, and video may be permitted with the approval of a conditional use permit.
(8)
Electronic message unit signs may not exceed a height of twenty-five (25) feet.
(9)
Electronic message unit signs must be located a minimum of one hundred fifty (150) feet from any residential district.
(10)
An electronic message display sign must be separated by at least fifty (50) feet from another electronic message display sign.
(11)
Only one (1) electronic message unit sign allowed per principal structure regardless of the number of businesses located in the principal structure.
(12)
Undue brightness is prohibited, and is defined herein as illumination of an electronic message display sign in excess of the following intensity levels:
a.
Daylight hours: Five thousand (5,000) nits or equivalent candelas per square meter or footcandles.
b.
Dusk to dawn (time of day between sunrise and sunset): Five hundred (500) nits or equivalent candelas per square meter or footcandles.
c.
For electronic message unit signs using incandescent lamps, no more than fifteen (15) watts per lamp.
d.
Electronic message unit signs shall be equipped with a photo cell or other automatic dimming technology based on ambient light levels.
(b)
Changeable copy signs/portable signs/message boards. The Zoning Administrator shall not give approval for placement of a changeable copy sign, portable sign or message board if it presents a vision obstruction as defined by Section 13-1-90. The maximum size of a changeable copy sign, portable sign or message board shall be thirty-six (36) square feet on each face, back to back. Changeable copy signs, portable signs or message boards shall not be located in any public right-of-way, shall be placed at least five (5) feet from any property line and shall be securely fastened to prevent any hazardous conditions. Changeable copy signs, portable signs or message boards shall be limited to one (1) per lot. One (1) additional changeable copy sign, portable sign or message board shall be permitted on a lot if the lot has at least one hundred (100) feet of total street frontage. Any such additional sign must comply with all other requirements of this Chapter and must be located at least fifty (50) feet from the first changeable copy sign, portable sign or message board. No flashing or moving lights are permitted on any changeable copy sign, portable sign or message board.
(c)
Search lights. The Zoning Administrator may permit the temporary use of a searchlight for advertising purposes in any district provided that the searchlight will not be located in any public right-of-way, will not be located closer than ten (10) feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five (5) days in any six-month period.
§ 13-1-112 Granting of variances.
[Ord. No. A-642, 7-18-2017]
Variances or exceptions to these sign regulations may be granted by the Board of Appeals following a recommendation from the Village Board and Zoning Administrator, pursuant to the standards of the Village Zoning Code.
§ 13-1-113 Legal nonconforming sign regulations.
(a)
Signs eligible for characterization as legal nonconforming. Any sign located within the Village of Somerset limits of the date of adoption of this Article hereafter which does not conform with the provisions of this Article is eligible for characterization as a legal nonconforming sign and is permitted.
(b)
Loss of legal nonconforming status.
(1)
A sign loses its nonconforming status if one (1) or more of the following occurs:
a.
If said sign is damaged by fire, flood, explosion, earthquake, war, riot or Act of God; or structurally altered in any way, except for normal maintenance and repair; the sign may be reconstructed and used as before if it is reconstructed within three (3) months after such calamity, unless the damage to the sign is fifty percent (50%) or more of its replacement value, in which case, the constructed sign shall comply with the provisions of this Article.
b.
The sign is relocated;
c.
The sign's message is significantly changed;
d.
There is a change of ownership of the sign;
e.
The sign describes or advertises an off-premises business or event;
f.
The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs;
(2)
On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this Article with a new permit secured therefor or shall be removed.
(c)
Legal nonconforming sign maintenance and repair. Nothing in this Article shall relieve the owner or use of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this Article regarding safety, maintenance and repair of signs.
§ 13-1-114 Canopy and awning regulations.
(a)
Permitted awnings. No awnings (non-collapsible type) shall be erected or maintained, except such awnings as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. Awnings shall be securely attached to and supported by the building and shall be without posts or columns beyond the setback line.
(2)
Height. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than seven (7) feet above the level of the public sidewalk or public thoroughfare.
(3)
Setback from curb line. No awning shall extend within one (1) foot of the curb line.
(b)
Permitted canopies. No canopies shall be erected or maintained, except such canopies as comply with the following requirements, and then only if the permit required hereunder is first obtained and the same conform to the regulations of the zoning district in which the same are to be located:
(1)
Support. The structural support of all canopies shall be approved by the Zoning Administrator as in compliance with the Building Code of the Village and shall meet state building codes. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in Section 13-1-110 of this Code. All canopies shall be attached to a building, and no supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
(2)
Height above sidewalk. All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the sidewalk or public thoroughfare.
(3)
Setback from curb. No canopy shall extend beyond a point two (2) feet from the curb line.
§ 13-1-115 Penalties; notice of violation.
[Ord. No. A554, § I, 6-19-2007]
(a)
Construction without permit. Any person, firm or corporation who begins, erects or completes the erection or construction of any sign, awning or canopy controlled by this Article prior to the granting of a sign permit shall pay a penalty double the amount of the permit otherwise required.
(b)
Dangerous signs.
(1)
If the Zoning Administrator finds any sign, awning or canopy regulated herein unsafe or insecure or a menace to the public because it has become so old, dilapidated or out of repair or for any other reason, it shall give written notice to the sign owner and to the property owner.
(2)
If such sign, awning or canopy owner fails to remove or alter the sign, awning or canopy so as to comply with the standards herein set forth within five (5) days after such notice, the Zoning Administrator may cause such sign, awning or canopy to be removed or altered at the expense of the owner of the sign, awning or canopy or the owner of the property upon which it is located so as to comply with the provisions of this Article. Any costs associated with the removal or alteration of any unsafe, insecure or dangerous sign shall be paid to the Village within thirty days of the date of the invoice for those costs provided to the owner of the property upon which the offending sign is located. Any costs not paid within that time period may be assessed against the property upon which the offending sign is (or was) located as a special charge.
(c)
Revocation of permit. Upon determining that a violation of the provisions of this Article has occurred, the Zoning Administrator may revoke a permit or require any changes necessary to bring the sign into conformance with this Article. The holder of a revoked permit shall be entitled to an appeal before the Village Board. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Administrator relative to the provisions of these sign regulations may appeal and seek review of such decision to the Village Board. Any such appeal shall be filed in writing with the Village Clerk within thirty (30) days of notice of denial, revocation or negative decision.
(d)
Appeal of decision/order. Any person, firm or corporation aggrieved by any permit denial or decision by the Zoning Administrator relative to the provisions of these sign regulations may appeal and seek review of such decision to the Village Board. Any such appeal shall be filed in writing with the Village Clerk within thirty (30) days of notice of denial, revocation or negative decision. In the case of a compliance notice issued pursuant to Paragraph "(b)" of this Section regarding a dangerous or unsafe sign, the owner of any such sign shall timely comply with any order issued pursuant to that Paragraph to remove or remedy the dangerous or unsafe sign or condition prior to or concurrent with filing an appeal pursuant to this Paragraph.
(e)
Declaration of public nuisance. All signs constructed or maintained in violation of any of the provisions of this Article after the date of adoption are hereby declared public nuisances within the meaning of this Code of Ordinances. In addition to the penalty provisions for violations of this Article, the Zoning Administrator or Village Board may bring an action to abate the nuisance in the manner set forth in the Wisconsin Statutes.
(f)
Violations; penalties. Any person who shall violate any of the provisions of this Article shall be subject to a penalty which shall be as follows:
(1)
First offense. Any person found guilty of violating any part of this Article shall, upon conviction thereof, be subject to a forfeiture as prescribed by Section 1-1-6 for each such offense, together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding ninety (90) days.
(2)
Second offense. Any person found guilty of violating any part of this Article who has previously been notified of being in violation or been convicted of violating the same Article within one (1) year shall, upon conviction thereof, be subject to a forfeiture as prescribed by Section 1-1-6 for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six (6) months.
(3)
Third offense. Any person found guilty of violating any part of this Article who has previously been notified of being in violation or been convicted of violating the same Article twice within one (1) year shall, upon conviction thereof, be subject to a forfeiture as prescribed by Section 1-1-6 for each such offense, together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six (6) months.
(4)
Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense.
(5)
Other remedies. Nothing in this Article shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Article.