West Bend Town City Zoning Code
ARTICLE VIII
Signs
§ 325-58 Purpose.
A.
The purpose of this article is to create the legal framework to regulate, administer and enforce signs. This article recognizes the need to protect the safety and welfare of the public and the need for well-maintained and attractive sign displays within the community.
B.
Signs not expressly permitted as being allowed by right or by permit under this chapter, by specific requirements in another portion of the Town of West Bend Code of Ordinances or other applicable law, are prohibited.
C.
The regulations included in this article 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.
D.
This article 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.
§ 325-59 Substitution clause.
Signs containing noncommercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs.
§ 325-60 Compliance.
No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without conforming to the provisions of this article.
§ 325-61 Interpretation.
The requirements and restrictions of this article are in addition to, and not in lieu of, other provisions of this chapter. This article shall be strictly construed to limit signs in the Town. 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 article to overcome constraints due to poor site visibility, excessive setbacks or other physical constraints.
§ 325-62 Sign permit.
A.
Permit required. It shall be unlawful for any person to erect, construct, enlarge, or structurally modify a sign or cause the same to be done in the Town of West Bend without first obtaining a sign permit as required by this article. Permits shall not be required for the following:
B.
Application. Application for a permit shall be filed with the Town Clerk upon forms provided by the Town and shall contain the following information:
(1)
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.
(2)
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 in 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.
(3)
Calculations or evidence showing that the structure and design meets the requirements of this article for wind pressure load.
(4)
Such other information as the Zoning Administrator or Plan Commission may require to show full compliance with this and all other applicable laws of the Town.
(5)
Signature of the applicant.
(6)
All required fees.
C.
Permit issuance and denial. The Plan Commission 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.
(4)
The Town Clerk shall notify the Building Inspector upon approval of a sign permit.
(5)
If the sign permit is denied, the Plan Commission shall provide written notice of the denial to the applicant, together with a brief statement of the reasons for the denial.
§ 325-63 Signs not requiring permit.
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:
A.
B.
In nonresidential districts.
(1)
Two temporary signs, subject to the following:
(a)
No sign shall exceed 32 square feet in total face area.
(b)
Signs shall not be located in any public right-of-way.
(c)
Signs shall not be artificially illuminated.
(d)
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.
C.
In all districts.
(1)
Integral signs, not to exceed two per structure.
(2)
Official and governmental signs, such as traffic control, parking, information, and notices.
(3)
Signs intended to protect public safety; provide safe ingress/egress to, from, and within a property and 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.
(4)
No more than two direction and instructional signs located entirely on a property to which they pertain and do not exceed eight square feet each in area. This includes, but is not limited to, such signs as those identifying restrooms, telephone, parking areas, entrances, and exits.
(5)
Private property signs.
(6)
Official notices posted by public officers or employers in the performance of their duties.
(7)
Signs required as specifically authorized for a public purpose by any law, statute, or ordinance.
(8)
Truck, bus, trailer or other vehicles, while operating in the normal course of business which is not primarily the display of signs.
(9)
A sign carried by a person.
(10)
House numbers and nameplates not exceeding two square feet in area for each residential, commercial or industrial building.
(11)
Incidental signs.
(12)
Interior signs.
§ 325-64 Prohibited signs.
A.
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 nonflashing.
B.
Specifically. The following signs are specifically prohibited in all districts:
(1)
Signs that resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices.
(2)
Signs that 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.
(3)
Animated signs.
(4)
Flashing signs, including signs with scintillating, blinking, or traveling lights of more than 15 watts per lamp.
(5)
Off-premises signs.
(6)
Signs which are painted on, or attached or affixed to, rocks, trees or other living vegetation.
(7)
Signs with any light flashing more than 10 times per minute.
(8)
Roof signs.
(9)
Swinging signs.
(10)
Any other signs not specifically permitted by this chapter.
§ 325-65 Signs permitted in all residential districts with permit.
One permanent ground sign placed at the entrance to a residential subdivision or similar such development. Such sign shall not exceed 144 square feet in total face area.
§ 325-66 Signs permitted in all business and manufacturing districts with permit.
A.
In addition to signs not requiring a permit, the following sign types are allowed for nonresidential uses in all business and manufacturing districts:
Sign Type | Maximum Number | Maximum Face Area (square feet) | Maximum Height (feet) | Street Yard Setback | Side Yard Setback (feet) |
|---|---|---|---|---|---|
Awning/canopy | 1 per street facing, first floor window | 16 | [1] | [2] | n/a |
Ground | [3] | 100 | 20 | Outside of right-of-way | 10 |
Ingress/egress | 2 [4] | 8 | 5 | 0 feet | 3 |
Portable | 1, in street yard only | 24 | 4 | Off-street | n/a |
Projecting | 1 | 20 | [5] | [5] | [5] |
Wall, nonresidential | 1 | [6] [7] | n/a | n/a | n/a |
NOTES: | |
|---|---|
[1] | Awnings/canopies must maintain a minimum clearance of nine feet between the bottom of the canopy and the finished grade. |
[2] | Awnings/canopies shall project a minimum of 3.5 feet to provide pedestrians protection from the elements. Awning/canopies may extend to a point not more than two feet in from the face of the curb, or seven feet from the building, whichever is less. |
[3] | Total number of ground signs shall be limited to one per property for each abutting and accessible street. |
[4] | Ingress/egress signs shall be associated with, and located no farther than 10 feet from, an access to a road, street, or highway. |
[5] | Projecting signs shall not extend more than three feet into any public right-of-way; shall not be less than 10 feet from all side lot lines; shall not exceed a height of 20 feet above the mean center line street grade; and shall not be less than 10 feet above the sidewalk nor 15 feet above a driveway or an alley. |
[6] | The maximum area of wall signage allowed is 200 square feet. |
[7] | Wall signs placed against the exterior walls of buildings shall not extend above the roofline of the building or outward more than 12 inches from the surface of the wall. |
B.
Multi-tenant signs for multi-unit facilities.
(1)
General standards.
(a)
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.
(b)
Multi-tenant signs may be ground signs or freestanding signs.
(c)
Entities represented on a multi-tenant sign shall not also erect or display additional ground signs or freestanding signs.
(2)
Dimensional standards.
(a)
Maximum number. The maximum number of multi-tenant signs allowable in a single development is one. The maximum number of tenant panels on a multi-tenant sign shall be one associated with, and limited to, each business, entity, or tenant located in the development.
(b)
Maximum face area. The face area for each panel displayed on the multi-tenant sign shall comply with the maximum face area for a ground sign in the applicable zoning district.
(c)
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.
C.
Window signs, except for painted signs and decals, shall be placed only on the inside of commercial buildings.
§ 325-67 Signs permitted in P-1 Districts with permit.
A.
In addition to signs not requiring a permit, the following nonilluminated sign types are allowed for nonresidential uses in the P-1 Districts:
Sign Type | Maximum Number | Maximum Face Area (square feet) | Maximum Height (feet) | Street Yard Setback | Side Yard (feet) |
|---|---|---|---|---|---|
Ground | 1[1] | 64 | 8 | Outside of right-of-way of sign | 10 |
NOTES: | |
|---|---|
[1] | Total number of ground signs shall be limited to one per property for each abutting and accessible street. |
B.
Illuminated trails. Paths/trails illuminated for special after-hours events, such as Nordic skiing, snowshoeing, hiking, nature walks, and the like shall require a temporary use permit.
§ 325-68 Restrictions on posting signs.
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 Town.
§ 325-69 Sign standards.
A.
Construction standards.
(1)
All ground signs shall be self-supporting structures and permanently attached to sufficient foundations.
(2)
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:
(3)
For solid signs, 30 pounds per square foot of the sign and structure.
(4)
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.
(5)
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.
(6)
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.
B.
Maintenance standards.
(1)
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.
(2)
The Zoning Administrator and Building Inspector shall have the right to order the repair or removal of any sign which is determined to be defective, damaged, or substantially deteriorated.
C.
Measurement standards.
(1)
Signable area. The signable area of a building is designated as the area of the facade of the building up to the roofline, which is free of windows and doors or major architectural detail on which signs may be displayed.
(2)
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.
(3)
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.
D.
Illumination standards.
(1)
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.
(2)
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.
E.
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 § 325-95, Landscaping, of this chapter.
F.
Changeable copy. Unless otherwise specified by this chapter, any sign herein allowed may use manual or automatic changeable copy.
§ 325-70 Indemnification.
All persons involved in the maintenance, installation, alteration, or relocation of any sign shall agree to hold harmless and indemnify the Town of West Bend, 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.
§ 325-71 Insurance.
Every sign contractor shall maintain all required insurance and shall file with the Town a satisfactory certificate of insurance to indemnify the Town against any form of liability to a minimum of $300,000 (per occurrence and aggregate with regard to bodily injury and property damage).
§ 325-72 Removal and disposition of signs.
A.
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 Town of West Bend 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.
B.
Deteriorated dilapidated signs. The Zoning Administrator and/or Building Inspector shall cause to be removed any deteriorated or dilapidated signs under the provisions of § 66.0413(1), Wis. Stats.
C.
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 Town is in violation of this chapter.
§ 325-73 Sign nonconformities.
A.
Nonconforming signs. Any sign located in the Town of West Bend as of the date of adoption or amendment of this chapter, or located within an area annexed to the Town of West Bend hereafter, that does not conform to the provisions of this chapter as adopted or amended is a legal, nonconforming 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.
B.
Nonconforming status. A sign loses its legal, nonconforming status if one of the following occurs:
(1)
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.
(2)
The sign is relocated.
(3)
The sign is abandoned.
(4)
The permitted or conditional use associated with the sign changes.
C.
Reconstruction. A nonconforming sign can be reconstructed to its former state if it is destroyed by wind, vandalism, fire, ice, or flood.