Spencer City Zoning Code
ARTICLE VII
Signs and Billboards
§ 480-53 Purpose of sign and billboard regulations.
A.
Purpose and scope.
(1)
The purpose of this article is to create the legal framework for a comprehensive but balanced system of signs, and thereby to facilitate an easy and pleasant communication between people and their environment. With this purpose in mind, it is the intention of this article to authorize the use of signs which are:
(2)
The sections contained in this article 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 sign in the Village.
(3)
This article shall apply to all signs.
B.
Rules. In the construction of this article, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
§ 480-54 Prohibited characteristics of signs.
A.
No sign shall be so placed as to interfere with the visibility or effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection.
B.
No sign shall contain, include, or be illuminated by flashing lights. No sign will be permitted that resembles the size, shape, form, or color of official traffic control signs, signals, or devices.
C.
No sign shall contain, include, or be composed of any conspicuous animated or moving part.
D.
No sign shall contain more than 500 square feet in gross area.
E.
No sign shall be painted directly on the building walls, except water towers which may display the name or symbol of the owner or operator.
F.
Sandwich signs are prohibited, except that double-faced sandwich signs are permitted when meeting all other applicable requirements and when their use is limited to 30 days of a ninety-day period. Such signs shall be set back at least five feet from the street property line and shall not be larger than eight square feet per face except that the area of one such sign may be increased by one square foot for each three lineal feet of frontage over 50 feet on a street to a maximum of 24 square feet per face.
G.
Parking of advertising vehicles; signs on vehicles for sale.
(1)
Parking of advertising vehicles is prohibited. No persons shall park any vehicle or trailer on a public right-of-way or public property or on private properties so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises.
(2)
This section shall not prohibit "For Sale" signs on vehicles for sale provided the vehicle is not parked on a public right-of-way.
H.
Portable signs shall be limited in use to 30 days at a time following approval by the Zoning Administrator; provided, however, that the Zoning Administrator shall not give approval for placement of a portable sign if it presents a vision obstruction and not more frequently than two times per year at any one location. The maximum portable sign size shall be 32 square feet on each face, back to back.
I.
Billboards or signs located adjacent to a street or highway in the Village limits are expressly prohibited. Any sign that is constructed shall be used solely for the purpose of advertising for a business or activity publicized by the owner of the sign. The owner of the sign, the owner of the business the sign is advertising and the owner of the property the sign is placed on should all be the same. No sign should be sold or contracted for advertising by a third party.
§ 480-55 Exceptions to sign regulations.
The following signs and related items shall not be included in the application of the regulations contained in this article:
A.
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
B.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
C.
Legal notices, identification information or directional signs erected by governmental bodies.
D.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
E.
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
F.
Signs erected by national, state, county or municipal governmental agencies, including traffic and informational signs.
§ 480-56 Abandoned signs; violations.
A.
Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business which it advertises has not been conducted for a period of six months or when, in the judgment of the Village Board, such sign is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the Village Board may remove the sign at cost of the owner, following adequate written notice. The owner may appeal the Village Board's decision to the Zoning Board of Appeals.
B.
Alterations. Any sign which was erected before the adoption of this sign article shall not be rebuilt or relocated without conforming to all of the requirements of this article.
§ 480-57 Variances or exceptions.
Variances or exceptions to these sign regulations may be granted by the Zoning Board of Appeals, and decisions by the Village Board may be appealed to the Zoning Board of Appeals.
§ 480-58 Construction and maintenance regulations for signs.
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 Building Inspector.
B.
Prohibitions.
(1)
No sign shall be erected so that any portion of the sign or its supports are attached to or interfere with the free use of any fire escape, exit, any required stairway, door, ventilator or window.
(2)
No sign shall be erected that will interfere with, obstruct, confuse or mislead traffic.
(3)
At no time shall signs be permitted within a vision clearance triangle in such a manner as to restrict vision or impair safety.
(4)
No sign located within 150 feet of a highway or street right-of-way shall contain, include or be illuminated by a flashing or rotating beam of light.
C.
Signs on public rights-of-way. Signs shall not be permitted on public rights-of-way except for traffic control, parking and directional signs and as otherwise specified in this chapter.
§ 480-59 Nonconforming signs.
A.
Signs eligible for characterization as legal nonconforming. Any sign located within the Village of Spencer limits on November 18, 1980, located in an area annexed to the Village of Spencer 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. A sign loses its nonconforming status if one or more of the following occurs:
(1)
The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this article than it was before alteration;
(2)
The sign is relocated;
(3)
The sign fails to conform to the Village requirements regarding maintenance and repair, abandonment or dangerous or defective signs;
(4)
On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this article 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.
§ 480-60 Wind pressure and dead load requirements.
All billboards, signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the Building Code[1] or other ordinances of the Village of Spencer.
§ 480-61 Application for permit; plans and specifications.
A.
Signs may be erected, moved, enlarged, reconstructed within the Village as prescribed and permitted in this Village Code when a permit therefor shall have been issued by the Building Inspector.
B.
Applications for permits shall be filed with the Building Inspector on application forms which will be provided by the Building Inspector or the Village Administrator-Clerk/Treasurer. The application form shall be accompanied by construction and installation plans including specifications. When all of the provisions of this chapter or other rules relating to such sign shall have been complied with and when the applicant has paid the required fee for every such application, the permit may be granted. The Building Inspector may prescribe suitable regulations consistent with the provisions of this chapter concerning the form and contents of all applications for permits herein required.
C.
It shall be unlawful for any person to erect, alter or relocate, within the Village, any sign as defined in this article without first obtaining a permit from the Building Inspector and making payment of the fees required. All electric signs shall, in addition, be subject to the provisions of the Electrical Code (See Chapter 193.), and the permit fee required thereunder.
D.
It shall be the duty of the Building Inspector, upon the filing of an application for permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed sign is in compliance with all the requirements of this article and all other laws and rules of the Village, he shall then issue the permit. If work authorized under a permit has not been completed within six months after date of issuance, the permit shall become null and void.
E.
All rights and privileges acquired under the provisions of this article or any amendment thereto are mere permits, revocable at any time by the Building Inspector, and all such applications shall contain this provision.
§ 480-62 Unsafe and unlawful street signs and structures.
If the Building Inspector shall find that any sign regulated herein is unsafe or insecure, or is being maintained in violation of the provisions of this article, he shall give written notice to the permittee thereof and the owner of the street sign or of the property on which it is located. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within five days after serving notice upon the permittee, such sign may be removed or altered to comply by the Building Inspector at the expense of the permittee or owner of the property upon which it is located. The Building Inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any street sign which is an immediate peril to person or property to be removed summarily and without notice.
§ 480-63 District regulations.
Sign regulations which are unique to each of the zoning districts of the Village are so categorized hereafter; all other regulations are common to all districts:
A.
C-1 Commercial District. Within the C-1 Commercial District, the following additional and specific regulations shall apply:
(1)
An activity is permitted one sign exposure visible and designed to be read from two directions of travel, located on and connected to the building and one sign located within the profile of the building.
(2)
Signs not within the profile of the building shall not protrude past the lot line.
(3)
Any sign which encroaches over or upon private or public road, street, easement, alley way, sidewalk or land shall not protrude past the street curbline and shall have a vertical clearance of not less than 10 feet.
(4)
Gross area for each activity shall not exceed 150 square feet.
(5)
Signs may be illuminated, subject to the following restrictions:
(a)
Flashing signs are prohibited, except those exclusively providing public service information such as time, date, temperature and weather.
(b)
The source of light for any illuminated sign shall not be directed into any street or property used or zoned for residential purposes nor shall the direct source of light of any illuminated sign be visible or interfere with the effectiveness of, or obscure an official traffic sign, device or signal, nor impair the vision of the driver of any authorized vehicle.
(6)
Activities may additionally erect not more than two illuminated or nonilluminated signs inside the building and within three feet of any window visible to the general public from a public road, street, easement, way, lane or sidewalk parallel to the front of the building, but such signs shall not be regulated if not so visible.
(7)
Signs shall not be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(8)
No sign shall be higher than the building height limitation of the district.
(9)
Temporary signs advertising an election, special public or private event, auction or sale (such signs generally being constructed of paper or cardboard, painted or printed and stapled, nailed or taped in place) shall be removed within two weeks of the conclusion of the election, event, auction or sale, but in no case shall a temporary sign be displayed longer than 90 days. Temporary signs are not included in the gross area limits specified for the district.
B.
R-1 and R-2 Residential and Mobile Home Parks Districts. Within the R-1 and R-2 Residential and Mobile Home Park Districts only the following signs within the lot and zoning setback lines of this chapter are permitted.
(1)
Professional signs not over two square feet in gross area.
(2)
Public or religious institution signs not over 32 square feet in gross area.
(3)
Temporary real estate advertising signs for the lease or sale of the building not over 12 square feet in gross area.
(4)
A bed-and-breakfast sign shall be not more than eight square feet and no more than four feet in width at its widest dimension.
(5)
Political campaign signs may be posted during the "election campaign period," as that term is defined in § 12.04(1)(a), Wis. Stats., namely from the first day for circulation of nomination papers through the day of the election. Posting of political campaign signs outside of the election campaign period is prohibited, except that the Village shall not enforce removal of such signs until 30 days after the election campaign period.[1]
C.
C-2 Highway Commercial District. Within the C-2 Highway Commercial District, the following additional regulations in addition to the regulations of the C-2 Commercial District shall apply:
(1)
Signs need not be attached to the building, but shall not protrude past the lot line.
(2)
Any sign which encroaches over or upon a private or public road, street, easement, alleyway, sidewalk or land shall have a vertical clearance of not less than 14 feet.
(3)
Signs in vision corners of intersecting streets, ways, roads and highways, whether public or private, are prohibited.
(4)
In addition, any activity may be permitted any number of signs not designed to be read from the street or highway and not exceeding 50 square feet in aggregate area, whose purpose is to direct or control traffic or advertise the activity to any patron who has already entered the property on which the advertised activity is conducted.
D.
W Conservancy District. Within the W Conservancy District, no signs are permitted, except traffic control, Conservancy District identification, and landmark and municipal, township or county or state regulatory signs.
E.
Planned unit developments. Signs in planned unit developments district shall conform with the most restrictive land use in the district.
F.
I Industrial District. Within the I Industrial District, the following regulations in addition to the regulations of the Commercial District shall apply:
(1)
Signs need not be attached to the building, but shall not protrude past the lot line.
(2)
Any sign which encroaches over or upon a private or public road, street, easement, alleyway, sidewalk or lane shall have a vertical clearance of not less than 14 feet.
(3)
Signs in vision corners of intersecting streets, ways, roads and highways, whether public or private, are prohibited.
(4)
In addition, any activity may be permitted any number of signs not designed to be read from the street or highway and not to exceed 50 square feet in aggregate area, whose purpose is to direct or control traffic or advertise the activity to any patron who has already entered the property on which the advertised activity is conducted.
G.
A-1 Agricultural District. Within the A-1 Agricultural District, only a sign meeting the following criteria is permitted:[2]
(1)
A sign that does not protrude past the lot line.
(2)
Any sign which encroaches over or upon a private or public road, street, easement, alleyway, sidewalk or land shall have a vertical clearance of not less than 14 feet.
(3)
A sign not over 150 square feet in area advertising the sale of the permittee's farm produce or farm identification.