§ 42-41. Signs.
(a)
All signs shall be constructed and maintained in accordance with and subject to the provisions of the existing ordinance of the town regulating signs and any amendments thereto which may hereafter be adopted by the town.
(1)
Purpose and intent. It is declared that the regulation of signs within the town is necessary and in the public interest to:
a.
Protect property values within the town;
b.
Preserve the beauty and the unique character of the town;
c.
Aesthetically complement the development which a sign identifies;
d.
Promote a healthy and properly design business environment;
e.
Safeguard the general public from damage and injury which may be caused by the faulty and uncontrolled construction of signs within the town;
f.
Protect against hazards to vehicular traffic movement through improper placement of signs;
g.
Promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the town;
h.
Prevent blight;
i.
Prevent clutter; and
j.
Encourage free speech compliance.
(2)
No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without first complying with the provisions of this chapter.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Actively marketed means proactive measures are being taken to connect and engage with potential customers, which may include listing with a real estate agent, publishing advertisements in a newspaper or other print publication, engaging in online advertising activities, such as posting on a website, and these actions are repeated, updated, and modified regularly to continue to seek engagement with potential purchasers. The mere fact of placing a sign on a lot does not itself demonstrate that the property is being actively marketed.
Advertising sign means a sign which promotes a product, commodity, or service.
Agricultural sign means a sign which advertises the sale of agricultural products.
Building frontage means the baseline measure, in lineal feet, of a building facade.
Bulletin sign means a sign carrying advertising or information to the public.
Copy means a sign legend or message.
Double faced means a sign which has two readable areas, placed back-to-back.
Flashing sign means a sign which has lights which operate in a pulsating or intermittent manner.
Freestanding pole sign means a sign supported by uprights or braces in, or upon, the ground surface and in no way affixed to a building structure.
Gross surface area means the entire area within a single continuous perimeter enclosing the extreme limits of the sign, excluding structural elements. The dimensions of the structural elements shall be proportionate to the gross surface area of the sign. The gross surface area, including the structural elements, shall not exceed 1½ times the gross surface area of the sign face.
Illuminated sign means a sign designed to give forth or reflect artificial light, from a light source incorporated in the sign or indirectly from another light source.
Lot frontage means the lineal distance that a parcel abuts a public right-of-way.
Monument sign means a sign placed upon or supported by the ground independent of any other structure for the purpose of delineating a neighborhood or a commercial development area. Monument signs are tantamount to government signs, to identify neighborhoods or commercial development areas, and to assist with the provision of emergency services.
Off premises sign means a sign not intended to be temporary (see Temporary sign ), and for a use not conducted on the parcel where the sign is located. Off premise signs are not permitted in any district unless recommended by the plan commission and approved by the town board on the basis of the criteria contained within this subsection. An off premises sign may be approved where allowed by section 42-41(f):
a.
Two or more adjacent parcel owners will share the sign to be located on one of the respective parcels; or
b.
The road that fronts the use or uses has been, or within one (1) year will be, converted from a through road to a dead-end as a result of a road improvement project.
All off premises signs shall require all parties involved to enter into a written agreement with respect to its use, location, maintenance, modification, replacement and/or its ultimate removal. Parties shall include the property owner(s) where the sign is to be located and the owner(s) of all uses for which the sign is intended. The agreement shall be subject to review and approval of the town board and the town attorney, and recorded with the register of deeds prior to installation of the sign. The sign shall be otherwise consistent with the purpose and intent of the town off premises sign restriction of minimizing visual clutter.
Official sign means any sign that is owned, operated, or required by a governmental entity having jurisdiction, including, but not limited to, the signs designated in this chapter as official signs, and signs that are required by applicable laws. Such signs include official traffic, fire and police signs, signals, devices, and markings of the state and the town or other public authorities, or posted notices as required by law.
Permanent sign means a sign not intended to be temporary. (See Temporary sign. )
Pole sign means a freestanding sign with the bottom edge of its frame ten feet or more above the surface of the ground.
Portable sign means a sign which is not permanently attached to the ground or building.
Poster sign means a temporary paper sign which is posted in a public place to advertise an event.
Projecting sign means a sign which is attached directly to the building wall and whose extreme point extends not more than 18 inches from the face of the wall. For the purposes of defining projecting signs, mansard roofs or overhangs are not considered as part of a wall. Except as provided in this chapter, projecting signs shall be on the building side facing a street unless a variance is granted.
Rear entrance sign means a permanent sign which directs attention to a business at a rear or secondary entrance.
Right-of-way means land covered by a public road or sidewalk, either owned or through easement.
Roof sign means a sign of a permanent or temporary nature which is constructed on the roof of a building.
Setback means the shortest lineal distance measured from the public right-of-way to the structure.
Shopping center means a geographically-contiguous area consisting of a single building or group of buildings containing a variety of retail establishments and having a common identification and with privately-owned access and parking facilities which are held out to the public for use of their vehicles.
Sign means any name, structure or device designated to inform or attract attention for the purpose of advertising, identifying, or directing.
Subdivision identification sign means a sign whose purpose is to indicate the presence of a subdivision or development.
Substantially altered means any major alteration to a sign, but not including routine maintenance, painting or change of copy of an existing sign.
Temporary sign means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard or other light materials, with or without frames, intended to be displayed for not more than 30 days.
Time and temperature signs means a sign giving the time and temperature.
Wall sign means a display or sign which is attached directly or painted on a building wall and whose extreme point extends not more than 18 inches from the face of the wall. The distance from the wall to the outermost edge of a mansard roof or overhang is considered in computing this 18-inch limitation. Except as provided in this chapter, wall signs shall be on the building side facing a street unless a variance is granted.
Window sign means a sign of a permanent nature which is hung in, or lettered upon, a window.
(c)
Signs permitted in all districts without a permit. The following signs shall be permitted in all zoning districts subject to the following regulations:
(1)
Bulletin boards which are used for public, charitable, or religious institutions are subject to the following:
a.
Shall be located on the premises which the sign represents, and shall be set back a minimum of ten feet from all lot lines.
b.
Shall not exceed 12 square feet of sign display area.
(2)
Official signs which control traffic, parking restrictions, information, and notices.
(3)
Flagpoles shall be regulated as signs not requiring a permit, and are subject to the following:
a.
Shall be set back a minimum of ten feet from all lot lines.
b.
Shall not exceed the height restriction for the district in which the flagpole is located.
c.
Shall not exceed three flagpoles on any parcel of land.
(4)
Sidewalk/sandwich signs are allowed in business and industrial districts and are subject to the following:
a.
Shall be located out of the right-of-way on private property.
b.
Shall not exceed a maximum of five feet in height.
c.
Shall not exceed 12 square feet on one side/board or 24 square feet, all sides.
d.
Shall be used during hours of operation. Signs shall not be set out before 8:00 a.m. or after 10:00 p.m.
(5)
Temporary signs. Any temporary sign 11 square feet or less in area, subject to compliance with all applicable total sign area limitations of the applicable lot.
(6)
Property markings. Address markers and nameplate signs, not to exceed four square feet in total area; as such signs are tantamount to government signs, to assist with the provision of emergency services.
(d)
Temporary signs. Temporary signs shall be placed in conformance with this Code for no longer than 120 days, unless a longer time is expressly allowed by Wis. Stats. § 12.04, or other applicable laws, or as follows. In the event a longer time is expressly allowed by Wis. Stats. § 12.04, such sign shall be placed for no longer than the time expressly allowed by such statute.
(1)
Signs on property under construction. Temporary signs may be permitted by the code enforcement officer in any district for the duration of a building permit, where a building permit is in effect and construction is occurring. The code enforcement officer may restrict the number, size, and location of temporary signs on any property to ensure safety for traffic and pedestrians.
(2)
Signs on property marketed for sale or lease. Temporary signs may remain on a property for all time that the property is actively marketed, as defined herein, for sale or lease. Whether the property is being actively marketed for sale or lease shall be subject to the determination of the code enforcement officer. Any such sign that would exceed 11 square feet in area shall require a permit, and such sign shall be treated as a permanent sign for purposes of permitting, but shall remain a temporary sign for purposes of removal once the marketing of the property is concluded. The sign must be removed no later than ten calendar days after the marketing of the property is concluded. The total sign area requirements of the district in which the sign is located shall apply.
(3)
Signs on property under development. Temporary signs may remain on a property under some circumstances while the property is under development, subject to the following limitations. A sign permit is required for any such sign. Such sign shall be treated as a permanent sign for purposes of permitting, but shall remain a temporary sign for purposes of removal once the approval for the sign expires. All such signs may remain on the lot for one year following the date the sign permit is granted, unless otherwise restricted in the grant of the sign permit. Prior to expiration of the sign permit or any extension thereof, upon request of the owner or developer, the plan commission may extend the sign permit for successive periods of up to one year each if the plan commission finds the development is actively proceeding and the sign is not otherwise in violation of the standards of this section. The sign must be removed no later than thirty calendar days following the expiration of the permit unless specified otherwise by the plan commission. The total sign area requirements of the district in which the sign is located shall apply, except as follows: if during the process of development, the property is rezoned, the sign area calculations of the original zoning district shall continue to apply for the duration of the development; and if the property being developed includes multiple continuous parcels, the calculation of sign area shall include all such continuous parcels as though they were one parcel.
(e)
Signs permitted with architectural approval and permit.
(1)
Each individual sign proposed in accordance with the provisions of this chapter must be applied for, and submitted to, the building inspector pursuant to subsection (i) of this section. All applications for permits for such individual signs, except such applications as may be determined by the town board, shall be forwarded by the building inspector to the town board for review. The town board is hereby empowered to:
a.
Withhold the application pending the submittal of any additional information which the town board may require.
b.
Deny the application based upon non-conformance with the provisions of this chapter, or based upon the town board's determination that the proposed sign will violate the purpose and intent of this chapter.
c.
Approve the application as presented, or approve with additional conditions or restrictions which the town board may impose based on the purpose and intent of this chapter. This chapter expressly allows regulation of all signs in the town to be based upon the finding of the town board that such signage will not violate the purpose and intent of this chapter. This chapter cannot prevent the town board from establishing more or less stringent requirements and conditions prior to approval of any sign application.
(2)
All sign applications will be returned to the building inspector with the action of the town board clearly stamped on said application. Applications which have been approved by the town board and reviewed for completeness and accuracy by the building inspector pursuant to subsection (i) of this section, shall be issued. All sign permits, unless otherwise specified by the town board, shall be issued by the building inspector.
(f)
Signs permitted in all business, industrial, park recreation and public districts with architectural approval and permit. The following signs are restricted in total display area as follows: the total sign display area of all signs on any one parcel of land is limited to the area requirements set forth in subsections (f)(1)—(6) of this section. If multiple signs are desired, the total sign display area must be apportioned between these signs based on building frontage.
(1)
Free-standing signs/pole signs/ground signs which are self-supporting, are not attached to, or reliant upon, any other structure for support, are subject to the following restrictions:
a.
Shall not exceed a maximum height of 25 feet above the lot grade at the base of the sign; provided, however, that the setback shall be increased one foot for each one foot of height increased to a maximum of 30 feet above the lot grade at the base of the sign.
b.
Shall be set back a minimum of ten feet from all lot lines unless modified by the town board.
c.
Shall not exceed 200 square feet of sign display area per side, nor 400 square feet of sign display area on all sides.
d.
May be illuminated in accordance with subsection (f) of this section.
(2)
Wall-supported signs that are required to be secured to a building or structure for support are subject to the following restrictions:
a.
Shall not extend above the parapet wall or the top of the roof of the building which supports it.
b.
Shall not project more than 12 inches from the wall which supports it.
c.
Shall not exceed 400 square feet of sign display area.
d.
May be illuminated in accordance with subsection (f) of this section.
(3)
Window signs which are painted, placed in, or affixed to a window are subject to the following restrictions:
a.
Shall be placed on the interior of the window surface.
b.
Sign display area shall not exceed 50 percent of the window area in which the sign is displayed.
c.
May be illuminated in accordance with subsection (f) of this section, unless modified by the town board.
(4)
Changeable and movable copy signs which are designed to allow the display message to be changed, either manually or electronically, are subject to the following restrictions:
a.
Shall, following a public hearing held pursuant to Wis. Stats. ch. 985 for a Class 1 Notice, be approved by the town board; provided, however, that the town board may waive the public hearing requirement. In granting a request for permit, the town board may impose such conditions as the board deems reasonable and necessary so as to carry out the purpose and intent of this chapter.
b.
May be illuminated in accordance with subsection (f) of this section.
(5)
Roof signs.
a.
Height shall not project more than five feet above the roof line.
b.
Area shall not exceed 100 square feet on one side, nor 200 square feet of total sign display area.
c.
May be illuminated in accordance with subsection (f) of this section.
(6)
Off premises signs shall follow the requirements for sign types set forth in subparagraphs (1)—(5) above except off premises signs approved per section 42-41(b)b.:
a.
Shall not exceed 64 square feet of sign display area on all sides for a single advertised use, nor 128 square feet of sign display area for multiple advertised uses.
b.
Shall serve the same purpose as an on-premises sign for the business or uses existing on the property for which the sign is intended.
c.
Shall be located within one-half mile of the property for which the sign is intended.
d.
Shall be limited to a maximum duration of five years and shall not be renewed.
e.
May be permitted in any zoning district provided the location of the sign is not within a residential subdivision.
(g)
Sign illumination and nuisance prevention. Illumination of all signs permitted in the town must conform to the following restrictions:
(1)
Signs which are internally illuminated shall not face adjacent lands which are zoned for, or used as, single-family or duplex use unless approved by the town board after consideration of whether the request would have a substantial adverse effect on adjacent residential property. Factors to be considered shall include:
a.
Distance between the proposed sign and existing or potential future single-family or duplex residential uses;
b.
Screening or buffers between the proposed sign and existing or potential future single-family or duplex residential uses;
c.
Size of the proposed sign; and
d.
Whether the adjacent property is currently used for single-family or duplex residential.
(2)
Signs shall not resemble, imitate, or approximate traffic or railroad signs, signals, or devices; shall not cause glare, mislead or confuse traffic, or impair driver visibility on public ways, private roadways, or adjoining properties; shall not be flashing, revolving, blinking, strobe, or animated, except for the display of the time and temperature as approved by the town board.
(3)
No illuminating element of any kind may be visually exposed.
(4)
The level of illumination as measured at one foot perpendicular to any face of an illuminated sign may not exceed 100 footcandles of daytime (6:00 a.m. to 7:00 p.m.) candle power, nor 45 footcandles of nighttime (8:00 p.m. to 6:00 a.m.) candle power.
(5)
Signs shall conform to the requirements of Wis. Admin. Code ch. SPS 316 (National Electrical Code).
(6)
Signs shall not be constructed, operated, or maintained so as to constitute a nuisance to adjoining properties, or materially affect or detract from the value of the adjoining properties.
(h)
Sign construction and maintenance standards.
(1)
Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 20 pounds per square foot of area.
(2)
Protection of the public. The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted, provided the space occupied is roped off, fenced off, or otherwise isolated.
(3)
Maintenance. The owner of any sign shall keep it in good maintenance and repair, which includes restoring, repainting, or replacement of a worn or damaged legal, conforming sign to its original condition, and shall maintain the premises on which the sign is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.
(4)
Supporting members or braces of all signs shall be constructed of galvanized iron, properly-treated wood, steel, copper, brass, or other noncorrosive, fire-resistant material. Every means or device used for attaching any sign shall make use of sound engineering practices.
(5)
No signs, or any part thereof or sign anchors, braces, or guy rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe, and no such sign or any part of any anchor, brace or guy rod shall be erected, constructed, or maintained so as to hinder or prevent ingress or egress through such door, doorway, or window or so as to hinder or prevent the raising or placing of ladders against such building by the town fire department of the town, as necessity may require.
(i)
Measuring sign display area. In calculating the sign display area to determine whether it meets the requirements of this section, the building inspector shall include the sign copy and any border or frame surrounding that copy. Supporting members of a sign shall be excluded from the sign display area calculation. Sign display area of irregular-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.
(j)
Sign permit. Application for a permit shall be made on forms provided by the building inspector and made available in the town clerk-treasurer's office, and shall contain, or have attached thereto, the following information:
(1)
Name, address, and telephone number of the applicant. Location of the building, structure, or lot to which, or upon which, the sign is to be attached or erected.
(2)
Name of person, firm, corporation, or association erecting the sign.
(3)
Written consent of the landowner or lessee of the building, structure, or land to which, or upon which, the sign is to be erected.
(4)
A scale drawing (and scale sectional drawing) of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.
(5)
A scale site survey indicating the location and position of such sign in relation to nearby buildings, structures, lot lines, vehicular and pedestrian access ways, public and private rights-of-way, and existing signs on the parcel or on adjacent parcels within 150 feet.
(6)
Copies of any other permits required and issued for said sign, including the written approval by the electrical inspector in the case of illuminated signs, who shall examine the plans and specifications, inspecting all wiring and connections to determine if the same complies with the town electrical code.
(7)
Additional information as may be required by the building inspector or the town board.
(8)
Sign permit applications shall be filed with the building inspector who shall review the application for its accuracy and completeness. The building inspector shall submit all applications to the town board pursuant to subsection (d) of this section. Applicants shall be notified of the town board's decision within 30 days after receipt of the application. A sign permit shall become null and void if work authorized under the permit has not been completed within six months of the date of issuance.
(k)
Conflict of laws. In the event that Wis. Stats. § 12.04 would permit a sign that is larger than the size limitations described in this section, such sign, regardless of sign content, is allowed only for the period described in Wis. Stats. § 12.04.
(l)
Non-commercial signs permitted. Any sign authorized or otherwise permitted under this chapter shall be allowed to contain non-commercial copy in lieu of other copy.
(Ord. of 10-24-2017, § 13-2-15; Ord. No. 2018-01, § 1, 1-11-2018; Ord. No. 2018-06 , § 1, 11-8-2018)
Editor's note
Former section 13-2-15(c)(12) was amended by Ord. No. 8-11-11A.