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Westport City Zoning Code

ARTICLE VIII

SIGNS AND BILLBOARDS

Sec. 133-1029.- Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apartment complex sign means an on-premises sign that provides identification for an apartment complex.

Awning means a temporary hood or cover that projects from the wall of the building that can be retracted, folded, or collapsed against the face of a supporting structure.

Banner means a suspended sign made of a flexible material such as canvas, cloth, plastic, paper, or fabric of any kind, and intended to be displayed on a temporary basis. Banners shall not exceed 20 feet in height, including, without limitation, the appurtenance on which the banner is displayed. Such a sign shall be firmly attached on all four corners.

Billboard means a sign that 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.

Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.

Digital billboard means a billboard capable of displaying multiple static images controlled by electronic means or communications.

Directional routing sign means any sign displayed for the purpose of informing people of or guiding people to a particular place for a specified event, including, but not limited to, an open house, garage sale, estate sale, or other similar event.

Directly illuminated sign means 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.

Directory sign means any sign on which the names and locations of occupants or the use of a building is given. This includes office and church or other place of religious assembly directories.

Electronic message unit sign means 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.

Flashing sign means 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.

Ground sign or pole sign means any sign that is supported by structures or supports in or upon the ground and independent of support from any building (also referred to as "freestanding sign").

Identification sign means any sign that carries only the name of the firm, major enterprise, institution, or principal products offered for sale on the premises or combination of these.

Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.

Marquee sign means 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.

Nonconforming sign means any sign that does not conform to the regulations of this article.

Portable sign means any sign not permanently attached to the ground that is designed to be easily moved from one location to another, excluding a sail sign.

Projecting sign means any sign extending more than 18 inches, but less than five feet, from the face of a wall or building.

Real estate sign means any sign that is used to offer for sale, lease, or rent the property upon which the sign is placed.

Roof sign means any sign erected upon or over the roof or parapet of any building.

Sail sign means a wind device that is made of cloth or a cloth-like material, varying in size and shape and that is attached to a staff that is driven into the ground for support or that is mounted to a pole on a weighted base. Sail signs are generally used in connection with a promotional event or as an advertising tool.

Sign includes anything that promotes, calls attention to or invites patronage, or anything similar, to a business, location, or product.

Temporary sign means any sign intended to be displayed for a short period of time, including real estate or construction site signs, and banners, decorative-type displays, or anything similar to such, but not including sail signs. Temporary signs shall not exceed 11 square feet in area.

Wall sign means any sign attached to, erected on, or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.

Window sign means any sign located completely within an enclosed building and visible from a public way.

(Code 1998, § 106-957; Ord. No. 97-11, § 13-1-101, 11-3-1997; Ord. No. 00-2, §§ 1, 2, 2-7-2000; Ord. No. 01-01, § 1, 2-5-2001; Ord. No. 16-4, § 1(106-957), 4-4-2016; Ord. No. 19-02, §§ 1, 2, 9-16-2019)

Sec. 133-1030. - Purpose.

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 and billboards.

(Code 1998, § 106-956; Ord. No. 97-11, § 13-1-100, 11-3-1997)

Sec. 133-1030.5. - Signs containing a political message.

(a)

The village hereby adopts and incorporates by reference Wis. Stats. § 12.04, including the definitions contained therein and including any amendments to Wis. Stats. § 12.04. Notwithstanding any other provisions contained in this article VIII, the regulation of signs containing political messages during an election campaign period by the village shall be consistent with Wis. Stats. § 12.04 and this section 133-1030.5.

(b)

Pursuant to Wis. Stats. § 12.04(4), a sign containing a political message:

(1)

Shall not exceed 11 square feet in area, unless the sign is affixed to a permanent structure, does not extend beyond the perimeter of the structure, and does not obstruct a window, door, fire escape, ventilation shaft or other area which is required to remain unobstructed by an applicable State of Wisconsin or Village of Waunakee building code provision.

(2)

Shall not be placed in the road right-of-way.

(3)

Shall be subject to applicable provisions of this article VIII if the sign containing a political message contains an electrical, mechanical or audio auxiliary.

(Ord. No. 19-02, § 3, 9-16-2019)

Sec. 133-1031. - Sign permit.

(a)

Required. Except those signs specified in section 133-1032, no sign shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a permit.

(b)

Issuance of permit.

(1)

Permits shall be issued by the zoning administrator. Applicants for a sign permit must provide the zoning administrator with a site plan indicating where the proposed sign would be located and a drawing showing the design and the dimensions of the sign.

(2)

The zoning administrator may issue permits only if all of the requirements of the Code are met. Permits may be revoked at any time if the requirements of the Code are violated.

(c)

Appeal. Appeal of the denial of a sign permit shall be to the plan commission. A written notice of appeal shall be filed with the zoning administrator within seven days of the issuance of the written denial of the permit application. The zoning administrator shall provide the notice of appeal to the plan commission, which shall hear the appeal as soon as reasonably practical.

(Code 1998, § 106-958; Ord. No. 97-11, § 13-1-102, 11-3-1997; Ord. No. 00-2, § 3, 2-7-2000)

Sec. 133-1032. - Sign permit exceptions.

All signs must have a building permit, except the following, provided that the following exempt signs may not be located over a public road right-of-way or in, on, or over public water, and may not be located on village property without prior village plan commission approval:

(1)

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length.

(2)

Real estate signs not to exceed eight square feet in area that advertise the sale, rental, or lease of the premises upon which such signs are temporarily located.

(3)

Name, occupation, and warning signs not to exceed four square feet located on the premises.

(4)

Bulletin boards for public, charitable, or religious institutions not to exceed eight square feet in area located on the premises.

(5)

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.

(6)

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

(7)

Temporary signs not exceeding 11 square feet in area, when authorized by the building inspector, for a period not to exceed 30 days.

(8)

A sign identifying a planned shopping center grouping may be permitted with the approval of the zoning administrator, and the zoning administrator may, in such case, modify the regulations applicable to the height, size and location of such sign consistent with the spirit and intent of this Code.

(9)

A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event, or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the zoning administrator and subject to the following:

a.

Drawings showing the specific design, appearance, and location of the sign shall be submitted to the zoning administrator for approval;

b.

The permitted size and location of any such sign shall be at the discretion of the zoning administrator based upon the character of the area, the type and purpose of the sign, and the length of time permitted;

c.

Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total;

d.

Where the sign is not to be located on the premises involved, such sign may be permitted for a period not to exceed nine months.

(10)

Signs designating entrances, exits, service areas, parking areas, restrooms, and other such signs relating to functional operation of the building or premises shall be permitted without limitation other than reasonable size and necessity.

(11)

Signs not exceeding one square foot in area and bearing only property numbers, postbox numbers, or names of occupants of premises.

(12)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(13)

Legal notices, identification information, or directional signs erected by governmental bodies.

(14)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

(15)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(Code 1998, § 106-959; Ord. No. 97-11, § 13-1-103, 11-3-1997; Ord. No. 00-2, §§ 4—9, 2-7-2000; Ord. No. 01-01, §§ 2—4, 2-5-2001; Ord. No. 19-02, § 4, 9-16-2019)

Sec. 133-1033. - Signs permitted.

(a)

Commercial and industrial districts. Signs are permitted in the commercial districts and the industrial districts and commercial PUDs subject to the following restrictions:

(1)

Wall signs placed against the exterior walls of buildings shall not extend more than six inches out from a building's wall surface, shall not exceed 150 square feet in area or 15 percent of the wall surface, whichever is smaller, for any one premises and shall not extend above the wall on which they are placed.

(2)

Projecting signs fastened to, suspended from, or supported by structures shall not exceed 20 square feet in area for any one premises, shall not extend more than six feet into any required yard, shall not extend into any public right-of-way, shall not be less than ten feet from all side lot lines, shall not exceed a height of 20 feet above the mean centerline street grade, and shall not be less than ten feet above a driveway or an alley.

(3)

Ground signs for buildings under 40,000 square feet of gross floor area shall not exceed ten feet in height above the mean centerline street grade, shall meet all requirements for the district in which they are located, shall be considered part of the structure in meeting all height requirements for the district in which they are located, and shall not exceed 64 square feet on each individual sign face. Ground signs for buildings 40,000 square feet or more of gross floor area shall not exceed 20 feet in height and shall not exceed 100 square feet on each individual sign face. Any portion of the base or foundation of a ground sign containing any information shall be considered part of the sign face. There shall be no more than one ground sign per 500 linear feet of street frontage with no more than a total of three ground signs per premises.

(4)

Roof signs shall not be permitted.

(5)

Window signs shall be placed only on the inside of commercial buildings and shall not exceed 25 percent of the glass area of the pane upon which a window sign is displayed.

(6)

Sail signs. One free standing sail sign shall be permitted per legal business if the person wishing to display such sign applies therefore and obtains a permit. For a multi-tenant commercial property, no more than two sail signs may be permitted at any given time. Sail signs are not to exceed 12 feet in height as measured from ground level to the tip of the pole or staff to which it is affixed and three feet in width. A sail sign may be displayed for a maximum period of 14 consecutive days, two times per year, per legal business and which shall not occur in the same or consecutive months. Sail signs shall not be located within any public right-of-way, driveway or alley.

(7)

Banners. One banner not to exceed 11 square feet shall be permitted per legal business, and in conformity with section 133-1038. Banners in excess of 11 square feet may be permitted if the person wishing to display such sign applies therefore and obtains a permit. Banners may be displayed for a maximum period of 30 consecutive days at the same location. Banners permitted under this exception shall not exceed 20 feet in height, including, without limitation, the appurtenance on which the banner is displayed. Such a sign shall be firmly attached on all four corners and shall not be located within any public right-of-way, driveway or alley.

(8)

Any sign qualifying as more than one of the types listed in subsections (a)(1) through (7) of this section shall meet the requirements for each type.

(9)

Bills and posters shall not be posted on the exterior of buildings or windows.

(b)

Residential, conservancy and agricultural districts. All signs are prohibited in the R-1, R-2, R-3, residential PUD, A-1, A-1E and CON districts, except the following:

(1)

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.

(2)

Real estate signs not to exceed four square feet in area that advertise the sale, rental, or lease of the premises upon which such signs are temporarily located.

(3)

Name, occupation, and warning signs not to exceed two square feet located on the premises.

(4)

Bulletin boards for public, charitable, or religious institutions not to exceed eight square feet in area located on the premises.

(5)

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 a structure.

(6)

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

(7)

Temporary signs or banners not to exceed 11 square feet, and in conformity with section 133-1038.

(c)

Multiple-family residential districts. All signs are prohibited in the R-4 and R-5 districts except the following:

(1)

Apartment complex signs may be installed on the premises for identification of an apartment building or apartment complex. The sign may be either a ground or wall sign. Apartment complex signs shall have a maximum size of 32 square feet and shall be erected to a height not to exceed eight feet. Such signs shall be located on the site advertised on the sign. Not more than one such sign is permitted for an apartment complex.

(2)

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed four square feet.

(3)

Real estate signs not to exceed four square feet in area that advertise the sale, rental, or lease of the premises upon which such signs are temporarily located.

(4)

Name, occupation, and warning signs not to exceed two square feet located on the premises.

(5)

Bulletin boards for public, charitable, or religious institutions not to exceed eight square feet in area located on the premises.

(6)

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 a structure.

(7)

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

(8)

Temporary signs or banners not exceeding 11 square feet in area, and in conformity with section 133-1038.

(9)

Reserved.

(10)

Sail signs. One free standing sail sign shall be permitted per legal business if the person wishing to display such sign applies therefore and obtains a permit. For a multi-tenant commercial property, no more than two sail signs may be permitted at any given time. Sail signs are not to exceed 12 feet in height as measured from ground level to the tip of the pole or staff to which it is affixed and three feet in width. A sail sign may be displayed for a maximum period of 14 consecutive days, two times per year, per legal business and which shall not occur in the same or consecutive months. Sail signs shall not be located within any public right-of-way, driveway or alley.

(d)

C-1D downtown business district. In addition to the requirements in subsection (a) above, in the C-1D downtown commercial district, the area of each sign shall be limited by the length of the facade of that portion of the building or structure occupied by the applicant which is nearest to and parallel to any public street or to any public parking area in a shopping center or group of commercial buildings. Sail signs shall not contribute to the overall sign area permitted per legal business. The maximum sign area for any individual sign in the C-1D downtown commercial district shall be as follows:

Length of Building Façade Maximum Size
20 feet or less 16 square feet
30 feet or less, but more than 20 feet 20 square feet
40 feet or less, but more than 30 feet 24 square feet
50 feet or less, but more than 40 feet 36 square feet
More than 50 feet 48 square feet

 

(Code 1998, § 106-960; Ord. No. 97-11, § 13-1-104, 11-3-1997; Ord. No. 00-2, §§ 10, 11, 2-7-2000; Ord. No. 01-01, §§ 5—8, 2-5-2001; Ord. No. 05-05, § 1, 6-20-2005; Ord. No. 07-02, § 16, 4-2-2007; Ord. No. 09-06, § 8, 7-20-2009; Ord. No. 16-4, § 1(106-960), 4-4-2016; Ord. No. 19-02, § 4, 9-16-2019)

Sec. 133-1034. - Prohibited signs.

(a)

Facing. No sign, except those permitted in section 133-1032, shall be permitted to face a residential district within 100 feet of such district boundary.

(b)

Traffic interference/safety hazard. The village may remove any sign located on village property without approval, or any sign which poses a traffic hazard emergency or other emergency threat to public safety as determined by the police chief or building inspector.

(c)

Moving or flashing signs. No sign shall be erected that 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.

(d)

Off-premises signs. Any sign owned or leased by a person other than the owner or occupant of the principal structure on the lot on which the sign is located is prohibited, unless approved as a conditional use as provided in section 133-930 through 133-943. The following off-premises signs are exempted from this requirement:

(1)

Directional routing signs.

(2)

Temporary signs.

(Code 1998, § 106-961; Ord. No. 97-11, § 13-1-105, 11-3-1997; Ord. No. 01-01, § 9, 2-5-2001; Ord. No. 07-02, § 17, 4-2-2007)

Sec. 133-1035. - Dangerous and abandoned signs.

(a)

Removal. All signs shall be removed by the owner or lessee of the premises upon which the sign is located when a business that it advertises has not been conducted for a period of six months or when, in the judgment of the building inspector, 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 the cost of the owner, following adequate written notice. The owner may appeal the village board's decision to the board of appeals.

(b)

Alterations. Any sign that was erected before November 3, 1997, shall not be rebuilt or relocated without conforming to all of the requirements of this article.

(c)

Violations. All signs constructed or maintained in violation of any of the sections of this article are declared public nuisances within the meaning of this Code. In addition to the penalty for violation of this chapter, the village board may bring an action to abate the nuisance in the manner set forth in state law.

(Code 1998, § 106-962; Ord. No. 97-11, § 13-1-106, 11-3-1997)

Sec. 133-1036. - Special exceptions.

Where the regulations in this article are unduly restrictive due to special conditions, the plan commission may grant a special exception as a conditional use under article V of this chapter. In addition to the factors specified in article V of this chapter, the plan commission shall consider the signage guidelines in the central business district master plan and the village comprehensive plan when exceptions are requested in the C-1D Downtown Commercial District.

(Code 1998, § 106-963; Ord. No. 97-11, § 13-1-107, 11-3-1997; Ord. No. 05-05, § 2, 6-20-2005)

Sec. 133-1037. - Construction and maintenance 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 building inspector.

(b)

General requirements.

(1)

Awnings. The lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning or hanging on the frame, but not below seven feet.

(2)

Roof signs. No sign shall be located so as to project above the parapet line, unless approved by the plan commission.

(3)

Illuminated signs. Any illuminated signs shall not interfere with surrounding properties or traffic.

(4)

Projection signs. Projection signs including supports shall not project beyond five feet from the face of the wall to which the sign is attached.

(5)

Blanketing. Blanketing of signs shall not be allowed.

(6)

Maintenance. All signs, including supports and attachments, shall be properly maintained and shall have an appearance that is neat and clean.

(7)

Sidewalk setback. Signs adjacent to public sidewalks shall be set back so that the sign base or any portion of the signage area under ten feet in height is not within three feet of the sidewalk.

(c)

Searchlights. The village board 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 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 days in any six-month period.

(d)

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.

(Code 1998, § 106-964; Ord. No. 97-11, § 13-1-108, 11-3-1997; Ord. No. 07-02, §§ 18, 19, 4-2-2007)

Sec. 133-1038. - Specific requirements.

Specific requirements for signs shall be as follows:

(1)

Temporary sign limitations.

a.

All temporary signs such as real estate and construction site signs may be erected for 30 days and shall be removed within ten days after their use has discontinued.

b.

Temporary signs may be placed on a property, but shall not be located on a right-of-way terrace, and shall not interfere with driveway vision clearance.

(2)

Electronic message unit signs.

a.

Such signs may be used only to advertise activities conducted on the premises or to present public service information pursuant to subsection 133-1034(c).

b.

Electronic message units shall not exceed 40 square feet and shall be included in the maximum aggregate sign surface area for the premises.

c.

For electronic message units with variable messages, the total length of the information cycle shall not be shorter than six seconds.

d.

Electronic message unit signs may not display continuously traveling messages or similar actions that convey motion.

(3)

Portable signs. The zoning administrator may grant permits for portable signs, including sandwich boards and reader boards that are not attached to the ground, for not more than three years, subject to the following requirements:

a.

A permit shall be issued in accordance with section 133-1031 prior to displaying a portable sign.

b.

The maximum size of a portable sign in commercial and industrial districts shall be 25 square feet, and 11 square feet in residential, conservancy, agricultural and multiple family districts, on each face, back to back.

c.

Portable signs may not be larger than three feet by four feet or 12 square feet on a single face. Double-sided signs may have 12 square feet of sign on each side.

d.

Portable signs must be removed and stored inside the premises during times when the business is not open to the public, except that signs too heavy to move may be permitted to remain in place, if the sign is maintained in the position approved in the site plan, and is stabilized to comply with section 133-1037.

e.

No more than one portable sign may be permitted for any single establishment.

f.

Portable signs shall not be located in a manner that obstructs vision from intersecting streets, alleys, or driveways, obstructs passage on a sidewalk or walkway, or otherwise create an unsafe condition.

g.

No portable sign may be located closer than 15 feet to another portable sign.

h.

Portable signs must be maintained in good repair. Maintenance refers to quality of paint, condition of the sign surface, and durability of the sign board supports. Permits for portable signs that are not well maintained may be revoked, and the signs may be removed by the village. The cost of sign removal may be charged to the person or entity responsible for placing the sign, or specially assessed against the property on which the sign is placed.

(4)

Directional routing sign limitations.

a.

Directional routing signs shall be no larger than two feet by three feet.

b.

No more than four signs may be placed within the village at any one time for any one event.

c.

No directional routing sign may be placed on private property without the permission of the property owner.

d.

Directional routing signs may not be in place for more than two consecutive days and on each day, may not be in place longer than two hours before the opening and two hours after the close of the scheduled event to which the sign refers.

e.

The purpose and content of the directional routing signs shall be to provide directions to an event being held in the village. Directional routing signs may only be placed where a change of direction is required.

f.

Directional routing signs must not obscure visibility or impede public safety.

g.

Directional routing signs that create a safety hazard or are otherwise not in compliance with this Code may be removed by the village. The cost of sign removal may be specially assessed to the person who placed the sign or the owner of the property, as appropriate.

(Code 1998, § 106-965; Ord. No. 97-11, § 13-1-109, 11-3-1997; Ord. No. 00-2, §§ 12, 13, 2-7-2000; Ord. No. 01-01, § 10, 11, 2-5-2001; Ord. No. 09-06, § 9, 7-20-2009)

Sec. 133-1039. - Nonconforming signs.

(a)

Signs eligible for characterization as legal nonconforming. Any sign located within the village limits on November 3, 1997, or located in an area annexed to the village that does not conform with this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

(1)

The sign was covered by a proper sign permit prior to November 3, 1997;

(2)

If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on November 3, 1997.

(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 situations in subsections (b)(1) through (3) of this section, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or the sign 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 on which the sign is located from the sections of this article regarding safety, maintenance, and repair of signs.

(Code 1998, § 106-966; Ord. No. 97-11, § 13-1-110, 11-3-1997)

Sec. 133-1040. - Reserved.

Editor's note— Ord. of April 17, 2023, § 2, repealed § 133-1040, which pertained to sign illumination and derived from Code 1998, § 106-696; Ord. No. 09-06, § 10, 7-20-2009.

Sec. 133-1041. - Billboard replacement program.

An owner of a legally nonconforming billboard existing upon the effective date of this chapter may apply for a conditional use permit to replace an existing billboard with a digital billboard. The digital billboard shall comply with the following criteria, and any conditions identified in the conditional use permit:

(1)

The digital billboard shall comply with Wis. Stat. § 84.30(4) and any other applicable Wisconsin Statutes.

(2)

The area of the digital billboard shall be equal to or less than the billboard being replaced.

(3)

No portion of the digital billboard shall be located closer to the public road right-of-way than the billboard it is replacing, nor shall it be located within 15 feet of any public road right-of-way as calculated by the shortest measurable distance between the nearest point of the digital billboard to the edge of the right-of-way.

(4)

The illumination of a digital billboard shall not exceed a brightness level of 0.3 footcandles above ambient light, as measured using a footcandle meter at the following pre-set distances from the base of the digital billboard:

300—375 square feet digital billboard face ..... 150 feet
376—475 square feet digital billboard face ..... 200 feet
476—672 square feet digital billboard face ..... 250 feet

 

The measurement of the brightness level shall be taken with the meter aimed directly at the digital billboard sign face from the applicable pre-set distance.

(5)

No embellishments or cutouts may be utilized on digital billboards.

(6)

All of the standards and procedures applicable to conditional use permits contained in article V, chapter 133 shall apply, and, in addition, the conditional use permit shall contain conditions addressing the provision of public service announcements and other emergency alerts on the digital billboard.

(7)

No digital billboard may be located within 1,000 feet of another digital billboard.

(Ord. No. 16-10, § 2(106-970), 11-7-2016)

Editor's note— Ord. No. 16-10, adopted May 18, 2015, set out provisions intended for use as § 106-970. Inasmuch as provisions for ch. 106 have been recodified at ch. 133, said provisions have been redesignated as § 133-1041, at the editor's discretion.