(1)

The purpose of this Chapter is to create the legal framework to regulate, administer and enforce signs. These regulations recognize the need to protect the safety and welfare of the public and the need for well-maintained and attractive sign displays within the community.

(2)

Signs not expressly permitted as being allowed by right or by permit under this Chapter, by specific requirements in another portion of the City of Waupaca Code of Ordinances or other applicable law, are prohibited.

(3)

The regulations included in this Chapter are not intended to and do not apply to signs erected, maintained, or otherwise posted, owned, leased by, on behalf of, or as specifically directed or order by, federal, state, local governments and government agencies, in the furtherance of authorized government operations or activities within the public right-of-way.

(4)

This Chapter shall establish reasonable time, place, and manner restrictions and shall not establish or enforce content-based restrictions. Sign regulations shall be based solely on size, brightness, zoning district, spacing, location, and the like.

Signs containing noncommercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs.

These regulations authorize the use of signs visible from public rights-of-way, provided the signs are:

(1)

Compliant with this Chapter.

(2)

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

(3)

Legible, readable, and visible in the circumstances in which they are used.

The requirements and restrictions of this Section are in addition to, and not in lieu of, other provisions of this Chapter. This Section shall be strictly construed to limit signs in the City. Upon submission of sufficient documentation demonstrating the need to modify the size, design or number of signs necessary to identify a development, the Plan Commission may modify the sign restrictions within this Section to overcome constraints due to poor site visibility, excessive setbacks or other physical constraints.

(1)

Permit Required (Am. Ords. #04-21; #09-21). It shall be unlawful for any person to install, attach, erect, affix, place, attach, paint, draw, construct, or in any other way bring into being or establish; or enlarge, or structurally modify a sign or cause the same to be done in the City of Waupaca without first obtaining a sign permit for each sign from the Zoning Administrator as required by this article. Permits shall not be required for the following:

(a)

A change in copy of any sign, nor for the repainting, cleaning, and other normal maintenance and repair of the sign and sign structure.

(b)

Signs listed as exempted in this chapter.

(2)

Application. Application for a permit shall be filed with the Community and Economic Development Department upon forms provided by the City and shall contain the following information:

(a)

The name, address and telephone number of the sign owner, the property owner, where the sign is or will be located and the sign contractor of the proposed sign.

(b)

Clear and legible color drawings with description and nominal dimensions of the proposed sign, the construction, size, dimensions and kind of materials to be used is such structure. The site plan shall show the buildings on the premises upon which the structure is to be erected and maintained together with locations, setbacks, size and types of existing signs on the premises where the proposed sign is to be located. All dimensions shall be indicated for the sign and the site plan elements.

(c)

Calculations or evidence showing that the structure and design meets the requirements of these regulations for wind pressure load.

(d)

Such other information as the Zoning Administrator may require to show full compliance with this and all other applicable laws of the City.

(e)

Signature of the applicant.

(f)

All required fees.

(3)

Permit issuance and denial.

(a)

The Zoning Administrator shall issue a sign permit upon determination that:

1.

The permit application is properly made.

2.

All required fees have been paid

3.

The sign complies fully with the requirements of this Chapter and any other applicable laws and regulations.

(b)

The Zoning Administrator shall notify the Building Inspector upon approval of a sign permit.

(c)

If the sign permit is denied, the Zoning Administrator shall provide written notice of the denial to the applicant, together with a brief statement of the reasons for the denial.

Signs not requiring a permit shall comply in all respects with the sign regulations presented in this Chapter. The following signs are allowed without a permit, subject to the following regulations:

(1)

In residential districts: (Am. Ord. #15-21)

(a)

No more than 2 ground signs, subject to the following:

1.

Signs:

a.

Shall not exceed 6 feet in height.

b.

Shall not exceed 9 square feet in sign face area.

2.

Signs shall not be located in any public right-of-way.

3.

Signs shall not be artificially illuminated.

(b)

One wall sign, subject to the following:

1.

Sign shall not exceed 2 square feet in face area.

2.

Sign shall not be artificially illuminated.

(c)

Campaign signs, compliant with Wis. Stats. ch. 12.04.

(2)

In nonresidential districts.

(a)

Two temporary signs, subject to the following:

1.

No sign shall exceed 32 square feet in total face area.

2.

Signs shall not be located in any public right-of-way.

3.

Signs shall not be artificially illuminated.

4.

Signs shall not be erected more than 15 days before, and shall be removed no later than five days after, the event, activity, or purpose for which the sign is intended.

5.

In no cases shall signs be maintained for more than 60 days, other than specifically allowed under Chapter 12.04, Wis. Stats.

(b)

One portable sign, subject to the following:

1.

Portable signs shall comply with all setback requirements (unless exempted in Chapter 8.06). (Am. Ord. #07-23)

2.

Portable signs shall be in place exclusively during the hours of operation of the entity for which the sign is associated.

(c)

Window and door signs, subject to the following: (Cr. Ord. #04-21; Am. Ord. #07-23)

1.

The total combined area of all window and door signs shall not exceed 50% of the combined total window or door areas for all windows and doors on the main level and street-facing-sides of the structure.

2.

Significant clear observation of the interior of the premise shall be required from the public view at all times.

3.

Window/door graphics shall not become unsightly or illegible. Chipped or peeling areas shall be removed, repaired, or replaced.

(d)

No more than 2 door signs, neither of which shall exceed 2 square feet in area. (Cr. Ord. #04-21)

(3)

In all districts.

(a)

Integral signs, not to exceed two per structure.

(b)

Official and governmental signs, such as traffic control, parking, information, and notices.

(c)

Signs intended to protect public safety or warn of potential hazards associated with a specific activity. Such signs shall be maintained only so long as the activity for which they are intended is ongoing.

(d)

Private property signs.

(e)

Official notices posted by public officers or employers in the performance of their duties.

(f)

Signs required as specifically authorized for a public purpose by any law, statute, or ordinance.

(g)

Truck, bus, trailer or other vehicles, while operating in the normal course of business which is not primarily the display of signs.

(h)

A sign carried by a person.

(i)

House numbers and name plates not exceeding two square feet in area for each residential, commercial or industrial building.

(j)

Incidental signs.

(k)

Interior Signs.

(l)

Athletic field signage including signs, banners, and scoreboards designed solely for view from spectator areas and displayed on interior walls, fences, or other structures located inside an enclosed athletic field at a school, park, or other public or private athletic complex; except that approval of the Plan Commission shall be required to display a sign, banner, or scoreboard under this paragraph at a city park. Scoreboards that qualify under this paragraph may include flashing elements, if adequate screening is provided to screen the views from abutting streets, as approved by the Community and Economic Development Department. For purposes of this paragraph, a "school" shall mean public schools as defined in Chapter 115.01(1), Wis. Stats., private schools as defined in Chapter 115.001(3r), Wis. Stats., and technical colleges authorized under Chapter 38, Wis. Stats. Athletic field signage may be illuminated and may be temporary.

(m)

Flags. The size of a flag shall not exceed 3 feet by 5 feet. Flag height shall not exceed 25 feet if on a flag pole. The flag of the United States of America and other nations, states, counties, or municipalities are not required to adhere to the maximum flag size requirements. (Cr. Ord. #07-23)

(1)

General. Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices. Signs shall not be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape; and no sign shall be attached to a standpipe or fire escape. Signs shall not be place so as to obstruct or interfere with traffic visibility, or be lighted in such a way as to cause glare or impair driver visibility upon public ways. Signs may be illuminated but non-flashing.

(2)

The following signs are specifically prohibited in all districts: (Am. Ord. #07-23)

(a)

Animated signs. A sign, excluding an electronic changeable copy sign, which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights.

(b)

Flashing signs, including signs with scintillating, blinking, or traveling lights of more than 15 watts per lamp. A sign that contains an intermittent or flashing light source that may also include the illusion of intermittent or flashing light by means of animation or externally mounted intermittent light sources

(c)

Off-premises signs.

(d)

Signs which are painted on, or attached or affixed to, rocks, trees, or other living vegetation.

(e)

Signs with any light flashing more than 10 times per minute.

(f)

Roof signs.

(g)

Any other signs not specifically permitted by this Chapter.

No person shall cause to be placed any type of sign, notice or other item on any traffic sign pole, utility pole, street indicator sign or any other pole under the jurisdiction of the City.

(1)

Construction standards.

(a)

Signs shall comply in all respects with applicable Sections of City of Waupaca Chapter 14: Building Code.

(b)

All ground signs shall be self-supporting structures and permanently attached to sufficient foundations.

(c)

All signs, except those attached flat against the wall of a building and those signs of which no portion exceeds a height of three feet and are no greater than nine square feet in area shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:

1.

For solid signs, 30 pounds per square foot of the sign and structure.

2.

For skeleton signs, 30 pounds per square foot on the total face cover of the letters and other sign surfaces or 10 pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.

(d)

Supports and braces shall be an integral part of the sign design. Angle irons, chain or wires used for supports or braces shall be hidden from public view to the extent technically feasible.

(e)

All signs in which electrical wiring or connections are used shall be subject to all applicable provisions of State code. No person may erect any sign with exposed electrical cords or wires. Electrical service to ground signs shall be concealed wherever possible.

(2)

Maintenance standards.

(a)

Every sign shall be maintained in a safe, presentable and structurally sound condition at all times. This includes restoring, repainting, or replacing a worn or damaged sign to its original condition. This also includes maintaining the premises on which the sign is erected in a clean and sanitary condition, free and clear of noxious substances.

(b)

The Zoning Administrator and Building Inspector shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated.

(3)

Measurement standards.

(a)

Signable Area. The signable area of a building is designated as the area of the façade of the building up to the roofline, which is free of windows and doors or major architectural detail on which signs may be displayed.

(b)

Measuring Sign Face. 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. Supporting posts or foundations shall be excluded from the area calculation. The area of irregularly shaped signs or signs containing two or more detached elements shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.

(c)

Measuring Sign Height. The sign height shall be the vertical distance measured from the grade at the base of the sign structure to the highest point of such sign or sign structure. In the case where a sign is to be located in a raised planting bed or berm, the grade shall be determined by the average of the grades measured at the base of the planting bed or the toes of the slope at the front and back of the bed or berm.

(4)

Illumination standards.

(a)

The use of unshielded lighting, including exposed incandescent light bulbs hung or strung on poles, wires, or any other type of support intended to illuminate a sign is prohibited.

(b)

All sign lighting shall be designed, located, shielded, or hooded so as to prevent the casting of glare or direct light upon adjacent roadways, surrounding properties, or into the sky.

(5)

Landscape Standards. All ground signs shall be set in a landscaped base of appropriate size to provide shrubs and base plantings that will enhance and compliment the sign. Species shall be consistent with the requirements of the Landscaping Section of this Chapter.

(6)

Changeable Copy. Unless otherwise specified by this Chapter, any sign herein allowed may use manual or automatic changeable copy.

(1)

R-3 District.

(a)

Type of signs allowed. In addition to signs not requiring a permit, the following sign types are allowed in the R-3 District:

(2)

B-1, B-2, and B-7 Districts. (Am. Ord. #15-21; #08-24)

(a)

Type of signs allowed. In addition to signs not requiring a permit, the following sign types are allowed for nonresidential uses in the B-1, B-2, and B-7 Districts:

(3)

B-3, B-4, and B-5 Districts. (Am. Ord. #15-21; #08-24)

(a)

Type of signs allowed. In addition to signs not requiring a permit, the following sign types are allowed for nonresidential uses in the B-3, B-4, and B-5 Districts:

(4)

B-6 District. (Am. Ord. #08-24)

(a)

Type of signs allowed. In addition to signs not requiring a permit, the following sign types are allowed for nonresidential uses in the B-6 District:

(b)

Ground-mounted signs fronting STH 10:

1.

Maximum face area.

2.

Maximum height.

a.

Maximum height may exceed 20 feet by 2 feet for each additional foot the sign is set back from a minimum of 10 feet from the Highway 10 right-of-way. No freestanding sign shall exceed 35 feet in height.

b.

Conditional Use Permit. The maximum height of a ground mounted sign fronting STH 10 may be increased to 60 feet with an approved Conditional Use Permit if owner can demonstrate unique site and surrounding conditions warrant such an increase in sign height.

c.

No sign may exceed maximum elevations noted in the 2004 Airport Height Limitation Zoning Map for the Waupaca Municipal Airport.

3.

Design. Ground mounted signs shall:

a.

Compliment on-building signage

b.

Incorporate a landscaped area at the base of the sign.

c.

A mixture of trees, shrubbery, and other decorative landscaping elements are provided at the base of the sign.

d.

Sign poles shall be constructed of block or other decorative material.

4.

Shared signs are encouraged.

(5)

I-1, I-2, and PUL Districts. (Am. Ord. #08-24)

(a)

Type of signs allowed. In addition to signs not requiring a permit, the following sign types are allowed for nonresidential uses in the I-1, I-2, and PUL Districts:

(6)

Multi-Tenant Signs. (Am. Ord. #15-21)

(a)

Purpose. The City desires to reduce visual clutter by consolidating signage for businesses, entities, and/or tenants of a multi-tenant building, complex, development, or subdivision onto multi-tenant signs.

(b)

Districts Allowed. Multi-tenant signs are allowed in B-1, B-2, B-3, B-4, B-5, B-6, I-1, and I-2 Districts.

(c)

General Standards.

1.

Multi-tenant signs may be utilized whenever a development consists of several, separate units having appurtenant shared facilities, including, but not limited to, driveways, parking, common walls or structures, and pedestrian walkways.

2.

Multi-tenant signs may be wall signs or ground signs.

3.

Entities represented on a multi-tenant sign shall not also erect or display additional signs that are of the same type of sign as a multi-tenant sign on the same property.

(d)

Dimensional Standards.

1.

Maximum Number. The maximum number of multi-tenant signs allowable in a single development is one. The maximum number of tenant signs on a multi-tenant sign shall be one associated with, and limited to, each business, entity, or tenant located in the development. A tenant sign shall consist of no more than 2 sign panels on a multi-tenant sign.

2.

Maximum Face Area. The cumulative face area for all panels displayed on the multi-tenant sign shall comply with the maximum face area for a ground or wall sign in the applicable zoning district.

3.

Maximum Height. The maximum height of a multi-tenant sign shall comply with the maximum height of a ground sign in the applicable zoning district.

4.

Minimum Setbacks. The minimum setbacks for a multi-tenant sign shall comply with the minimum setback standards of a ground sign in the applicable zoning district.

(e)

Design Standards.

1.

Monument signs are preferred over pole signs.

2.

A multi-tenant sign shall have no exposed poles and shall not be a monopole.

3.

A multi-tenant sign shall be designed and maintained to be architecturally compatible with the development, zoning district, and comprehensive plan.

4.

Vacant spaces in any multi-tenant sign shall be properly maintained or filled to ensure the sign does not become unsightly.

(7)

Historic Wall Signs.

(a)

Purpose. Historic signs are a distinctive feature of Waupaca and provide a visual link to the community's past. They give continuity to public spaces. The City desires to preserve existing, historic wall signs by allowing building owners to install new wall signs without existing, historic wall signs factoring into maximum dimensional standards associated with all other wall signs.

(b)

Locations Allowed.

1.

All zoning districts

2.

The property or structure must be recognized and registered as a historic property with the City of Waupaca.

(c)

Standards.

1.

Keeping a historic wall sign is encouraged even when the business or product features in such sign are no longer in existence.

2.

Historic wall signs add to the character of historic buildings and the downtown and shall be treated as significant features of the property.

3.

Historic wall signs should be maintained, but should not be repainted.

4.

All signage on a historic property shall require a Certificate of Appropriateness by the City of Waupaca Historic Preservation Committee.

All persons involved in the maintenance, installation, alteration, or relocation of any sign shall agree to hold harmless and indemnify the City of Waupaca, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as this Chapter has not specifically directed the placement of a sign.

Every property owner and sign contractor shall maintain all required insurance against any form of liability to a minimum of $300,000 (per occurrence and aggregate with regard to bodily injury and property damage). The City shall not be held liable if the property/sign owner does not maintain the required insurance per this section.

(1)

Abandoned signs. All abandoned signs shall be removed within six months by the owner or lessee of the premises upon which an on-premises sign is located when the entity for which the sign is associated is no longer present or in operation. If the owner or lessee fails to remove the sign(s), the Zoning Administrator shall give the owner or lessee 30 days written notice to remove said sign(s). Upon failure to comply with this notice, the City of Waupaca may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.

(2)

Deteriorated dilapidated signs. The Zoning Administrator and Building Inspector shall cause to be removed any deteriorated or dilapidated signs under the provisions of Chapter 66.0413(1), Wis. Stats.

(3)

Unlawful signs. The Zoning Administrator may declare any sign unlawful if it endangers public safety by reasons of inadequate maintenance, dilapidation or abandonment. Any such declaration shall be in writing and shall state the reasons of the Zoning Administrator as to why any sign owned, kept, displayed, or maintained by any person within the City is in violation of this Chapter.

(1)

Nonconforming signs. Any sign located in the City of Waupaca as of the date of adoption or amendment of this Chapter, or located within an area annexed to the City of Waupaca hereafter, that does not conform to the provisions of this Chapter as adopted or amended is a legal, non-conforming sign if the sign was legally constructed prior to the date of adoption or amendment of this Chapter. Such signs may be continued although the use, size, number, or location does not conform to the provisions of this Chapter. Panel changes do not require a permit and are allowed on any non-conforming sign so long as the configuration, size, number, location, or any structural component of the sign does not change.

(2)

Maintenance. Normal maintenance of any non-conforming sign is allowed without a permit. Normal maintenance includes repairs reasonably necessary to prevent the deterioration of a sign, cleaning, painting, light bulb exchange, and other maintenance measures as determined by the Zoning Administrator.

(3)

Nonconforming status. A sign loses its legal, non-conforming status if one of the following occurs:

(a)

The sign is structurally altered in any way other than normal maintenance and repair that makes the sign less compliant with the requirements of this Chapter than it was before the alteration. Alterations include any extension, reconfiguration, enlargement, conversion, change to the frame, change to the supporting structure, change to the lighting type or intensity, or any other alterations as determined by the Zoning Administrator.

(b)

The sign is relocated.

(c)

The sign is abandoned.

(d)

The permitted or conditional use associated with the sign changes.

(e)

The sign is considered unsafe or deemed a nuisance to public health or safety.

(4)

Reconstruction. A non-conforming sign can be reconstructed to its former state if it is destroyed by wind, vandalism, fire, ice, or flood.