A. 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. Stat. s. 12.04, or other applicable laws, in which case the shortest period required by such statute applies; or as follows.
1. Signs on Property Under Construction. Temporary signs are permitted by the Zoning Administrator in any district for the duration of a building permit, where a building permit is in effect and construction is occurring. The Zoning Administrator 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 Zoning Administrator. Any 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. Certain provisions of this Code that would otherwise apply are waived for purposes of signs that are subject to this subsection, as follows:
a. Residential Parcels. On lots that are zoned for residential use the otherwise applicable sign limitations of this Chapter are modified as follows:
(1) One sign up to 11 square feet in area is allowed per street frontage without obtaining a zoning permit.
(2) Such signs may be up to six feet in height.
(3) A small sign no larger than two square feet in area, that is attached to the larger sign shall not count toward the total square footage of signage on the parcel.
(4) An additional sign up to six square feet in area is permitted per each street frontage during the time and within 72 hours of an open house marketing event, without a zoning permit.
(5) Signs may be placed anywhere on the parcel, provided the placement is not in the public right-of-way or a vision corner.
b Non-Residential Parcels. On lots that are zoned for commercial, industrial or other non-residential use, and are used for commercial, industrial or other non-residential use, the otherwise applicable sign limitations of this Chapter are modified as follows:
(1) One sign up to 32 square feet in area is allowed per street frontage without obtaining a zoning permit, except on properties zoned B-1 within the Historic Preservation Overlay District, where one sign up to 20 square feet is allowed per street frontage without a zoning permit.
(2) Such signs may be up to eight feet in height, except on properties zoned B-1 within the Historic Preservation Overlay District, where such signs may be up to seven feet in height.
(3) Signs may be placed anywhere on the parcel, provided the placement is not in the public right-of-way or a vision corner.
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 development sign. A development 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 development sign expires. All development 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 development sign must be removed no later than 30 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 contiguous parcels, the calculation of sign area shall include all such contiguous parcels as though they were one parcel.
B. Conflict of Laws. In the event that Wis. Stat. s. 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. Stat. s. 12.04.
C. Maximum Area for Permanent Signs by Zoning District.
1. Residential Districts (R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8 and R-9). The total sign area allowed on a lot that is zoned R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8 and R-9, shall be 11 square feet, subject to such additional square footage as may be permitted by the standards of this Section.
2. Agricultural and Conservation Related Districts (A-1, A-2, A-3, A-4, UR, C-1, C-2, P-1, P-2, F-1, GFP, FF, SW, and SD). The total sign area allowed on a lot that is zoned A-1, A-2, A-3, A-4, UR, C-1, C-2, P-1, P-2, F-1, GFP, FF, SW, and SD shall be 11 square feet for every 200 lineal front feet of the lot line abutting a public roadway. In making this calculation, the lineal front feet of the lot line shall be rounded down to the nearest number divisible by 200. Notwithstanding the foregoing, if the lot abuts less than 200 feet of public roadway, the total sign area allowed on the lot is 11 square feet.
3. Business Districts (B-1, B-2, B-3, B-4, B-5 and B-6), Manufacturing Districts (M-1, M-2, M-3 and M-4). A campus/medical/aggregate business (five or more businesses within a single building/property and way-finding monument signs shall not exceed 18 feet in height nor have a maximum face size of 150 square feet with no allowance for EMU/digital signs. The total sign area allowed on a lot that is zoned B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2, M-3 and M-4 shall be computed as either .5 sq. ft. x the lineal front foot of the lot line or .65 sq. ft. x the building or structure front foot, whichever is greater, to a maximum of 120 square feet for retail and 80 square feet for office, mixed use, or other uses, as allowed by the Plan Commission in its consideration of the site plan.
D. Non-Commercial Signs Permitted. Any sign authorized or otherwise permitted under this section shall be allowed to contain non-commercial copy in lieu of any other copy.
E. Sign Ordinance Variances.
1. Purpose. Sign Ordinance Variances are intended to allow flexibility in sign regulation while fulfilling the purpose of the ordinance. Nothing in this Section, however, is intended to permit the erection or maintenance of signs which create the potential of public harm or for which there is no public benefit or which are in conflict with the Village's Master Plan or relevant portions thereof.
2. Procedure.
a. Any applicant who desires a variance from any provision or requirement of this Chapter may request an oral hearing before the Plan Commission by submitting a written request therefor to the Village Clerk not less than 21 days before the next regularly scheduled meeting of the Plan Commission. A fee of $850 shall be required of the applicant at the time that a request for a hearing before the Plan Commission is made.
b. The Plan Commission shall review such requests for variances using the following criteria:
(1) Area Enhancements.
(a) The sign as proposed will not result in an undue concentration of signage which renders it difficult or confusing to read existing signs;
(b) The proposed sign is unique and of exceptional design or style, so as to enhance the area.
(2) Site Difficulties. Unusual site factors preclude the construction of a sign in accordance with this Chapter which would be visible to the roadway adjacent to the site frontage.
(3) Should the Plan Commission find that a variance should be granted, the application will be forwarded to the Zoning Administrator with directions to issue a permit in accordance with its decision. If the Plan Commission finds that a variance should not be granted, it shall inform the applicant of the reasons for such decision in writing within ten days of the date of such decision. The decision of the Plan Commission shall be final.
F. Sign Ordinance Modification by Conditional Use. Additional sign square footage and alteration of otherwise applicable height, setback, offset or other standards of this Chapter may be granted by the Village Plan Commission in its consideration and grant of a conditional use pursuant to s. 35-100 of this Code. In considering this possible grant, the Plan Commission shall be guided by the purpose of this s. 35-170 along with the basis for approval described in s. 35-100, without consideration of the content of any such signage.
G. Abandoned Signs. All abandoned signs shall be prohibited. An abandoned sign is one which no longer correctly advertises a bona fide business, lessor, lessee, owner, product or activity conducted or product available on the premises where the sign is displayed, or a sign which has not been maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. The owner shall be responsible for the repair or removal of any sign within 30 days after written notice from the Building Inspector of the abandonment of the sign.
H. Definitions.
1. Definition of government sign:
“Government 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 government 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 of Wisconsin and the Village or other public authorities, or posted notices required by law.
2. Definition of historical marker sign:
“Historical Marker” means a sign to commemorate one or more persons, an event, a former use of a place, a person or place of historic interest, a century farm, or similar designation. Historical markers are tantamount to government signs, to identify places of historic public interest.
3. Definition of private property hazard sign:
“Private Property Hazard Sign” which is defined as follows: a pylon sign that would serve the primary purpose of protecting the safety of pedestrians, drivers, and passengers, such as warning signs marking hazards on private property and signs directing traffic and parking on private property. Such signs serve a compelling interest in safety and are tantamount to government signs but located on private property.
4. Definition of actively marketed:
“Actively Marketed” means (1) 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 publications, or engaging in online advertising activities, such as posting on a website; and (2) 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.
5. Definition of projecting sign:
“Projecting Sign” means any sign that is wholly or partly dependent upon a building for support and which extends three feet from the side of the building.
6. Definition of semi-flexible canopy structure:
“Semi-Flexible Canopy Structure” means a structure made with flexible material, that is allowed as a permanent accessory structure in the agricultural zoning districts and used for agricultural purposes and complies with the State of Wisconsin Uniform Dwelling Code and the Village of Rochester Building Code.
(Ord. 2019-1, passed 4-8-2019)