SHAWANO COUNTY HIGHWAY OFF-PREMISE SIGN (BILLBOARD) ORDINANCE Purpose To achieve the objectives outlined in Wisconsin State Statutes, Sections 84.30, 59.69, and 59.70 (22). This ordinance is designed to determine, establish, and regulate the placement of off-premise signs (billboards) within Shawano County. The provisions of this ordinance shall be considered minimum requirements. It is the intent of this ordinance that where the provisions of this ordinance impose greater restrictions than any state statute, other regulation, ordinance or covenant the provisions of this ordinance shall prevail. Where the provisions of any state statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this ordinance, the provisions of such state statute, other regulation, ordinance or covenant shall prevail. On Premise signs are not regulated by this ordinance; refer to Section 26 of the Shawano County Zoning Ordinance, or applicable sections of city, village, and town ordinances. Definitions Billboard: A sign used to advertise goods or services of establishments, companies, or organizations located off-premises. Directional Sign: Any sign containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. In accordance with Trans Chapter 201.05 of the Wisconsin Administrative Code, directional signs shall be within 50 air miles of the activity. Farm Sign: A sign located on farm property which identifies the farm or advertises a farm product produced on that farm. Locational Sign: A sign used to advertise goods or services of local establishments, located off-premises. Non-Conforming off-premise sign: Any off-premise sign which does not conform to the requirements of this ordinance. Sign: A structure the name, identification, description, display or illustration of which is affixed to or painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. Temporary Off-Premise Sign: Any sign, device, or display not permanently attached to the ground and is transportable. Examples of off-premise temporary signs are portable, inflatable, vehicular, banners, seasonal, and short-term signs. Sign Permit Required Off-premise, billboard, directional, locational, and temporary off-premise signs are required by this ordinance to obtain a permit. Permit issuance Authority is hereby granted to the County Zoning Enforcement Officer or his/her designees. Failure to obtain the proper permits shall be considered a violation of this ordinance and may subject the violator to any appropriate penalties. The fee for each permit shall be $30.00. An after the fact permit shall be $60.00. Off-premise signs (billboards) shall display the permit number, in legible form (not less than 3 in height) in the lower left-hand corner. An off-premise sign permit shall expire 6 months after issuance if the sign permitted has not been erected. 1
Exemptions The following off-premise signs (billboards) do not require a permit. 1. Political signs- during an election campaign, as defined in Sec 12.04 (1) Wis. Stats. Said sign shall be a maximum area of thirty-two (32) square feet and removed by the property owner or candidate after the election. 2. Rummage or garage sale signs- shall not exceed eight (8) square feet in area and are limited to being displayed for seventy-two (72) hours. 3. Legal notices, identification, information, or WDOT directional signs located within the highway right of way in accordance with the Wisconsin Administrative Code Trans 201.05. 4. Farm Signs - shall not exceed thirty-two (32) square feet in area for any one farm. Farm signs advertising seasonal crops shall be removed within 30 days after harvest. General Standards The following standards shall apply to all off-premise signs which are being regulated by this ordinance (Billboards, Directional, Temporary Off-Premise, and Locational). Design 1. The maximum area for off-premise signs shall be per structure, exclusive of border and trim, apron, base supports, or other structural members. No copy or advertising shall be allowed on the border, apron, or trim. 2. Off-premise signs which are back-to-back, side-by-side, bottom-on-top, and V-shaped shall be considered as one structure if they are physically contiguous and which share a common structure in whole or in part. 3. Off-premise signs may be illuminated, subject to the following restrictions: (a) Off-premise signs which contain, include, or are illuminated by any flashing, intermittent or moving lights are prohibited, except for the purpose of giving public service information, such as time, temperature, and the like. (b) Off-premise signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled portion of a highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle are prohibited. (c) No off-premise sign shall be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal. (d) Off-premise signs which are not effectively shielded as to prevent beams or rays of light from being directed at or towards a residence are prohibited. 4. Off-premise signs shall not contain moving parts. 5. Off-premise signs shall not contain copy which simulates any traffic sign in a manner which confuses the public. 6. Off-premise signs shall not contain devices which emit audible sound, odor or particulate matter. 7. No off-premise sign shall bear or contain statements, words or pictures of obscene, pornographic, immoral character or contain advertising matter which is untruthful. 8. Off-premise signs which are affixed to, or painted on, or represented directly or indirectly on the walls or roofs of buildings are prohibited. 9. All back or rear portions of an off-premise sign visible from a public right-of-way, residence or residential district shall be covered or screened to present an attractive and finished appearance. 10. No off-premise sign shall be erected on more than four steel uprights 11. All new off-premise sign structures shall be engineered to withstand a wind load pressure of 30 pounds per square foot. A structural blueprint with specifications shall accompany the application. 2
Insurance Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any off-premise sign (billboard) or owner of an off-premise sign or billboard shall maintain in effect at all times a policy of liability insurance with limits of One Hundred Thousand Dollars ($100,000) for bodily injury and Two Hundred Thousand Dollars ($200,000) aggregate and One Hundred Thousand Dollars ($100,000) property damage. Proof of insurance shall be presented to the County Zoning Enforcement Officer on an annual basis Nonconforming Off-premise Signs 1. Off-premise signs lawfully existing on the effective date of this ordinance, which do not conform to the provisions of this ordinance or do not have a state permit which was issued under the Wisconsin Administrative Code Trans 201 or the Wisconsin State Statutes Section 84.30 shall be considered legal nonconforming structures and may remain, as provided below: (a) Such signs shall not be enlarged, extended or structurally altered or reconstructed in any manner except as provided in (b). (b) Repairs to the structure are permissible provided that they do not result in the replacement of more than fifty percent of the structure or more than fifty percent of the structure s appraised value. (c) A legal nonconforming sign that is damaged or destroyed, or damaged or destroyed by an Act of God, to an extent exceeding fifty percent of the appraised value, shall be removed. 2. An off-premise sign which did not lawfully exist prior to the effective date of this ordinance shall be considered illegal and shall be removed or made to conform to the provisions of this ordinance. Removal shall be performed by the owner of the sign following a notice of violation. Should the owner of the structure fail to meet the requirements of the notice, the sign shall be removed by the county at the owner s expense. Maintenance All off-premise sign structures shall be maintained in an orderly condition. Any structure, which is highly rusted, has peeling paint or in any other way appears unattractive or in disrepair shall be deemed in violation of this chapter. Any deemed in violation will have 30 days after written notice to correct. Any structure which is identified as being an immediate threat to public safety by the Shawano County Zoning Enforcement Officer shall be removed at the owner s expense. Billboards The intent of billboards is to advertise goods or services of establishments, companies, or organizations located off-premises. These signs are designed for large-scale advertising. Billboards will only be allowed in industrial, business, and commercially zoned districts in accordance with Wisconsin State Statutes Section 84.30. They must locate within four thousand (4000) feet (measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) of: The intersections of State and Federal Highways with other State and Federal Highways and: The interchanges of State and Federal Highways with State, Federal, or County Trunk Highways within Shawano County. These include State Highways 187, 153, 29, 47, 55, 22, 156, 52, 110, 117, 32, 160, U.S. Highway 45 and County Trunk Highway K. 3
1. Zoning Minimum Height: Regulations 50 Feet frontage along an existing State or Federal Highway right of way. 35 Feet (top of Sign) from the level of the road. 8 Feet (Under clearance) from ground level. 3. Size: (a)four Lane Highway. Maximum Area: (b) Two Lane Highway Maximum Area: 4. Yard and Setback regulations Maximum Front Yard: Minimum Water Setback: 672 square feet per side 288 square feet per side 25 Feet from Highway right of way. within 300 Feet from highway right-of-way. Height of the billboard. Height of the billboard. 75 feet from navigable stream No billboard shall be located within 800 feet of an existing residence, park, school, church, hospital, cemetery, government building or within 2000 feet of an intersection right of way, or interchange right of way (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way), or 1500 from another billboard. Directional Signs The intent of directional signs is to provide information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. Directional signs will be allowed in all underlying zoning districts within Shawano County. In accordance with Trans 201.05 of the Wisconsin Administrative Code, directional signs shall be within 50 air miles of the activity. 1. Zoning Minimum Height Maximum Length: 50 Feet frontage along an existing public road 20 Feet (top of Sign) from the level of the road. 8 Feet (Under clearance) from ground level. 20 Feet. 3. Size: Maximum Area: 150 square feet per side 4. Yard and Setbacks 25 Feet from road right of way. 4
Maximum Front Yard: within 100 Feet from road right-of-way. Height of the sign Minimum Water Setback: 75 feet from navigable stream In accordance with Trans 201.05 of the Wisconsin Administrative Code, no directional sign may be located within two thousand 2,000 feet of an interchange or at grade intersection along state or federal highways (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way). No directional sign may be located within two thousand 2,000 feet of a rest area, parkland, or scenic area. No two directional signs facing the same direction of travel shall be located less than 1 mile apart. Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity. Temporary Off-Premise Signs The intent of temporary off-premise signs are to allow for non-permanent signs to promote activities which are limited in time. Temporary off-premise signs may only be displayed for fifteen (15) consecutive days prior to the day of the event and shall be removed within three (3) days after the last day of the event. Examples of off-premise temporary signs are portable, inflatable, vehicular, banners, seasonal, and short term signs. Temporary off-premise signs will be allowed in all underlying zoning districts within Shawano County. 1. Zoning Maximum Length: 50 Feet frontage along an existing public road 20 Feet (top of Sign) from the level of the road. 20 Feet. 3. Size: Maximum Area: 200 square feet per side 4. Yard and Setbacks 25 Feet from road right of way. Maximum Front Yard: within 100 Feet from road right-of-way. Height of the sign Minimum Water Setback: 75 feet from navigable stream No temporary off-premise sign shall be located within 2000 feet of an intersection right of way or interchange right of way, (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way). Not more than three temporary off-premise signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity or event. 5
Business Locational Signs The intent of Business Locational signs is to advertise off-premises the goods or services of business establishments. The signs are designed for small scale directional advertising. Business locational signs will only be allowed in industrial, business, and commercially zoned districts in accordance with Wisconsin State Statutes sec 84.30. They must locate within four thousand (4000) feet (measured along the highway, or local public road from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) of the following intersections: S.T.H. 29 and C.T.H. J S.T.H. 45 and C.T.H. M S.T.H. 45 and C.T.H. N S.T.H. 45 and C.T.H. Z S.T.H. 29 and C.T.H. D(both) S.T.H. 29 and C.T.H. U S.T.H. 47 and C.T.H. A S.T.H. 29 and C.T.H. MMM S.T.H. 22 and C.T.H. Y S.T.H. 47 and C.T.H. H S.T.H. 117 and C.T.H. E S.T.H. 22 and C.T.H. B S.T.H. 29 and C.T.H. F S.T.H. 29 and C.T.H. Q S.T.H. 32 and C.T.H. E S.T.H. 45 and C.T.H. G(both) 1. Zoning Minimum Height: Maximum length: 20 Feet. Regulations 50 Feet frontage along an existing road right of way. 20 Feet (top of Sign) from the level of the road. 8 Feet (Under clearance) from ground level 3. Size: Maximum Area: 150 square feet per side 4. Yard and Setback regulations Maximum Front Yard: Minimum Water Setback: 25 Feet from Highway right of way. within 300 Feet from highway right-of-way. 75 feet from navigable stream No Business locational sign shall be located within 800 feet of an existing residence, park, school, church, hospital, cemetery, government building or within 2000 feet of an intersection right of way or interchange right of way, (measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main traveled way), or 1500 from another billboard. Two Business Locational Signs are allowed per intersection. Appeals Appeals to the Planning, Development and Zoning Committee may be taken by any person aggrieved or affected by any decision of the Zoning Enforcement Officer or his/her designee. Such appeal shall be taken within ten (10) calendar days, by filing with officer from whom the appeal is taken and with the Planning, Development & Zoning Committee a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Committee all the papers constituting the record upon which the action appealed from was taken. The cost of an appeal shall be $175.00. This 6
shall be paid, at the time of the appeal and shall be paid to the Zoning Enforcement Officer. The Planning, Development & Zoning Committee is empowered to hear and decide appeals to: Grant relief when hardship results from strict application of the provisions of the ordinance. Grant or deny exceptions, appeals and variances from the ordinance. Penalty Any person who violates any provision of this ordinance shall be subject to a fine up to $200.00 plus costs of prosecution, for each day of violation. Default of payment shall result in imprisonment in the Shawano County Jail for a period not to exceed six months. The county may institute appropriate action or proceedings to enjoin violations of this Ordinance or violations of the applicable Wisconsin Statutes. Severablility It is hereby declared to be the legislative intent that should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this ordinance in its entirety or any part thereof, other than that so declared to be invalid. Effective Date This ordinance shall take effect upon passage and publication and shall remain in full force and effect as may be amended from time to time until repealed by the Shawano County Board of Supervisors. Adopted by County Board on 2/25/98. Published in The News on 2/28/98. 7