HomeMy WebLinkAboutResolutions 2001 (09) RESOLUTION APPROVING AMENDMENT TO TOWN OF HUDSON
ZONING ORDINANCE
SECTION 3
Resolution No. q' Ca o d 1)
WHEREAS, at a Public Hearing on October 30, 2000, the Town of Hudson repealed and
adopted Section 3.5, Regulation of Signs, of the Town Zoning Ordinance; and
WHEREAS, the Town of Hudson adopted an amendment to its Zoning Ordinance on
January 4, 2001, as follows:
Section 3.5, Regulation of Signs (attached)
WHEREAS, Section 60.62(3), Wisconsin Statutes and Section 7.0 of the Town Ordinance,
requires in counties having a county zoning ordinance that no town zoning ordinance amendment
of a zoning ordinance is effective unless approved by the county board; and
WHEREAS, St. Croix County has a zoning ordinance; and
WHEREAS, the Planning, Zoning and Parks Committee has reviewed the proposed
amendments and recommends approval.
THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the
amendments to the Town of Hudson Zoning Ordinance set out above are hereby approved.
Dated this a 6 day of , 2001.
Offered by: Planning, Zoning and Parks Committee
Negative Affirmative
Ronald Raymond Ronal. - aymond
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Linda Luckey Linda L
C.W. Malick C.W. Malic
Gerald Larson erald Larson
t E VAT E OF WISCONSIN
COUNTY OF ST. CROIX
Art Jensen After n , Nelson,
County Clerk, DOHEREBYCERTIFY that
fh¢.toreyoi� n Is true and a t ,correct I) of
adopted by the County Board of Supervisors
at their meeting heldboAt-h ad, a 1
Sue E. Nelson, St. Croix County Clerk
3.5 Regulation of Signs
The purpose of this Ordinance is to protect an promote the general welfare, health, safety and
order within the Town of Hudson through the standards, regulations and procedures governing
the erection, use and/or display of devices, signs or symbols serving as visual communicative
media to persons situated within or upon public rights -of -way or properties.
The provisions of this Ordinance are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication and a sense of concern for the
visual amenities on the part of those designing, displaying or otherwise utilizing needed
communicative media of the types regulated by this Ordinance, while at the same time assuring
that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate
or unnecessary use of such communicative facilities. ,
3.5.1 Definitions
(a) Accessory Sign: A sign relating in its subject matter to the premises on which it is
located, or to products, accommodations, services or activities on the premises on which
it is located.
(b) Accessory Use: A use which is subordinate to the principal use being made of a parcel
of land. Accessory uses are defined in the Zoning Code.
(c) Fire Number /Address sign: Fire or postal identification numbers only, whether written
or in numeric form.
(d) Area Identification Sign: A free - standing sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex consisting of
three (3) or more structures, a shopping center or area, an industrial area, an office
complex consisting of three (3) or more structures or any combination of the above that
could be termed an area.
(e) Banners and Pennants: Attention - getting devices which may resemble flags and are of
a non - permanent paper, cloth or plastic -like consistency. These are to be up no longer
than six (6) months. The same banner or pennant may not be used again for at least
ninety (90) days.
(f) Billboard: A large outdoor advertising structure mounted on one (1) or more legs and
designed to display posters or other composite graphic advertisements.
(g) Building: A freestanding structure or group of structures joined by a common wall.
(h) Bulletin Sign: An accessory sign which announces goods or services available through
the use of changeable letter.
(i) Church Directional Sign: A sign which bears the address and/or name of a church and
direction arrows pointing to a church location.
(j) Canopy and Marquee: A roof like structure projecting over the entrance to a theater,
store, gas pumps, bank drive up, etc.
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(k) District: A specific zoning district as defined in the Zoning Ordinance.
(1) Free - Standing Sign: A sign which is placed in the ground and not affixed to any part of
any structure.
(m) Illuminated Sign: Any sign which is illuminated by an artificial light source.
(n) Institutional Sign: Any sign or bulletin board which identifies the name and other
characteristics of a public or private institution on the site where the sign is located.
(o) • Motion Sign: Any sign which revolves, rotates, or has any moving parts. Included in
this category are searchlights used for advertisement.
(p) Nameplate or Identification Sign: A sign which bears the name and/or address of the
occupants of the building.
(q) Non - Accessory Sign: A sign other than an accessory sign.
(r) Nonconforming Sign: A sign which does not conform to the newly enacted
requirements of this Ordinance.
(s) Portable Sign: A sign which is not permanently attached to the ground or any structure
and so designed as to be movable from one (1) location to another.
(t) Principal Building: A freestanding structure and/or multi- tenant building sharing
common walls.
(u) Projecting Sign: Any sign, all or any part of which extends over public property more
than twelve (12) inches.
(v) Permanent Sign: Any sign which is not a temporary sign.
(w) Pylon Sign: Any freestanding area identification sign greater than thirty-five (35) feet in
height, if they are over forty (40) feet they are intended for freeway advertising.
(x) Roof Sign: Any sign erected upon or projecting above the roofline of a structure to
which it is affixed.
(y) Sign: Any letter, word or symbol, device, poster, picture, statuary, reading matter or
representation in the nature of an advertisement, announcement, message or visual
communication whether painted, posted, printed, affixed or constructed, which is
displayed outdoors for informational or communicative purposes.
(z) Sign Area: That area within the marginal lines of the surface which bears the
advertisement, or in the case of messages, figure or symbols attached directly to any part
of the building, that area which is included in the smallest rectangle which can be made
to circumscribe the message, figure or symbol displayed thereon. The stipulated
maximum sign area for a frees - standing sign refers to a single facing.
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(aa) Street Frontage: The edge of street along a parcel. An interior lot has one (1) street
frontage and a comer lot two (2) such frontages.
(bb) Temporary Sign: A sign which is erected or displayed for a limited period of time.
(cc) Traffic Directional Sign: A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic.
(dd) Internal Traffic Directional Sign: A sign which is erected on private property by the
owner of such property for the purpose of guiding vehicular and pedestrian traffic within
his property. Such sign bears no advertising information.
(ee) Wall Length: The :lineal length of the side of a building, it includes all windows and
doors.
(ff) Wall Sign: Any sign which is affixed to a wall of any building.
3.5.2 General Provisions Applicable to All Districts.
(a) Non - accessory freestanding and wall signs are prohibited in all districts, except in area
especially designated in this Ordinance.
(b) All signs shall be constructed in such a manner and of such material that they shall be
safe and substantial, provided that nothing in this Code shall be interpreted as authorizing
the erection or construction of any sign not now permissible under the Zoning or Building
Code of the Town of Hudson.
(c) All illuminated signs shall have a shielded light source. Any sign illuminated and located
within fifty (50) feet of a lot line or a Residence District shall be diffused or indirect so as
not to direct rays of light into adjacent residence. All illuminated signs in commercial
and commercial light industrial districts, in close proximity to Residence Districts, shall
be designed so as to illuminate the sign and not residential property to the extent
practicable.
(d) No sign, other than public traffic controls, directional, or street name signs and house
numbers, shall be erected or temporarily placed within any street right -of -way or upon
any public easements, except campaign yard signs as provided in subsection (f) below.
(e) A permit for a sign to be located within fifty (50) feet of any road or highway regulatory
sign, warning sign, traffic sign, traffic signal, or of any crossroad or crosswalk, will be
issued only if:
(1) The sign will not interfere with the ability of drivers and pedestrians to see any
road or highway sign, any traffic sign or signal, or any crossroad or crosswalk,
and
(2) The sign will not distract drivers nor offer any confusion to any street or highway
sign, or any traffic sign or signal.
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(f) Campaign yard signs, posted by a bonafide candidate for political office or by a person or
group promoting a political issue or a political candidate, may be placed in any district.
Such signs may be erected no more than three (2) months prior to Election Day and must
be removed no later than ten (10) days following the election. Such signs shall be limited
to twenty four (24) square feet and four (4) feet in height above the grade of the posting
area, or as determined acceptable by the Town Board review. The signs shall be set back
a minimum of five (5) feet from the edge of the road. Candidates shall be provided a
copy of this Ordinance upon filing for office.
(g) Temporary real estate signs may be erected for the purpose of selling or promoting a .
residential project provided:
(1) Such signs shall not exceed 128 square feet in area.
(2) Only one (1) sign shall be permitted per road frontage upon which the property
abuts.
(3) Such signs shall be removed when the project is eighty (80) percent completed,
sold or leased.
(4) Such signs shall be located no closer than 100 feet to any residence not part of
this project.
(h) Temporary signs adjacent to the public right -of -way for the purpose of selling or leasing
individual lots or building shall be permitted, provided:
(1) Such signs shall not exceed six (6) square feet for residential property and 32
square feet for nonresidential property.
(2) Only one (1) such sign is permitted per street frontage upon which the property
abuts.
(3) Such sign shall be removed within thirty (30) days following the lease or sale.
(i) Portable, internally lit signs are not allowed as permanent sign in any District.
(j) Any freestanding sign within twenty -five (25) feet of any intersection of road right -of-
way lines and/or driveway entrances shall have vertical clearance for proper visibility by
motorists on all affected roadways.
(k) The total sign area of any multi -faced free - standing or projecting wall sign shall not
exceed twice (2) times the permitted area of a two -sided sign or three (3) times the area
of a three -sided sign. All applications for signs of more than two (2) sides shall be
reviewed by the Planning and Zoning Committee and the Town Board.
(1) Church directional signs shall be permitted in all districts provided the total area of such
signs shall not exceed six (6) square feet per facing.
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(m) Canopies and marquees shall be considered to be an integral part of the structure to which
they are accessory. Signs may be attached to a canopy or marquee. When calculating the
allowable sign size, the canopy or marquee lineal length of the side is separated from the
wall sign calculation.
(n) Signs advertising garage, yard, or similar household sales shall be removed within seven
(7) days after the sale.
(o) Signs with moving or changing electronic messages are allowed as part of the total area
of a permitted sign.
• (p) Signs, which are located on the interior of a building, shall be exempt from the provisions
of this Ordinance and shall not require permits or payment of fees.
(q) Roof signs shall be prohibited in all Districts.
3.5.3 District Regulations.
(a) In addition to those signs permitted in all districts, the following signs are permitted in
each specific district and shall be regulated as to size, location and character according to
the requirements herein set forth:
(1) Residential Districts:
a) Occupational signs: Denoting only the name and profession of the
occupant in a commercial building, public institutional building or
dwelling, and not to exceed two (2) square feet in area.
b) Institutional and Recreational Signs: One (1) sign or bulletin board per
street frontage for public institutional use; for recreational use in
Agricultural/Residential and Residential districts, such sign or bulletin
sign shall not exceed 24 square feet in area nor shall it be placed closer
than ten (10) feet from the road right -of -way nor shall be placed in a
location that would interfere with the safe movement of traffic.
c) Temporary Signs: According to Sec. 3.5.2.
d) Area Identification Signs: One (1) sign per each major development, not
to exceed 48 square feet in area.
e) Maximum Height of Free - Standing Signs: Eight (8) feet.
Lighting: Lighting must be indirect or diffused.
(2) Commercial Districts and Commercial Light Industrial:
a) Wall signs: The total area of all wall signs affixed to a building wall shall
not exceed 2 square feet per lineal foot of that wall. No individual wall
sign shall exceed 150 square feet.
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A wall sign shall not project more than eighteen (18) inches from the
wall to which the sign is to be affixed. Furthermore, wall mounted signs
shall not exceed the roofline of any building.
Banners are temporary signs and are not part of the wall sign calculation.
However, banners and wall signs shall not exceed fifty (50) percent of
that wall. The design and construction of all banners shall be
professional looking and not be allowed to become torn or weathered.
b) FreeStanding Sign: One (1) freestanding sign is permitted for each
building for each road frontage.
The total area of a freestanding sign for a building having one (1) road
frontage shall not exceed eighty (80) square feet. Where a building has
two (2) or more road frontages, each permitted freestanding sign in
excess of one (1) shall be no greater than forty (40) square feet.
No part of a freestanding sign shall be closer than ten (10) feet to the
front property line or exceed thirty-five (35) feet in height. The height
shall be measured from the base of the sign or grade of the nearest
adjacent roadway, whichever is lower.
c) Bulletin Signs: The bulletin portion of that sign may use up to fifty (50)
percent of that signs total square footage.
One (1) non - illuminated portable bulletin sign up to forty (40) square
feet is permitted. Such signs shall be located within the width of the
storefront to which it is related.
d) Pylon Signs: Retail and service establishments may erect one (1) pylon
sign in addition to their freestanding sign. not exceeding 150 square feet
per side of display surface area. Maximum height is forty (40) feet.
Retail and service establishments on property within 1500 feet of
Interstate Ninety Four (194) right -of -way and 500 feet from Residential
or Agriculture/Residential property may erect one (1) pylon sign not
exceeding 150 square feet of display surface area in addition to their own
free- standing sign. Maximum height this area is eighty (80) feet,
however a special exception as outlined in Section 4.5 is required for all
signs over 40' in height.
e) Canopy and Marquee: Signs shall be no greater than two (2) square feet
per lineal foot, up to a maximum size of one hundred (100) square feet
per side of the canopy or marquee.
f) Temporary Special Event Signs: Are permitted for no more than ninety
(90) calendar days. Such signs shall include: banners, pennant, flying
signs, and air - inflated devices, search lights, portable bulletin signs,
streamers, and other signs approved by the Town Board.
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(3) Industrial Districts:
a) Free - Standing Identification Signs: One (1) identification sign is
permitted for each building, not to exceed eighty (80) square feet in area.
No part of a freestanding sign shall be closer than ten (10) feet to the
front property line or exceed fifteen (15) feet in height. The height shall
be measured from the base of the sign or grade of the nearest adjacent
roadway, whichever is lower.
b) Wall Signs: One (1) additional wall identification sign is permitted for
each tenant having a private entry to a multi -tenant building, such sign
being displayed at or near the tenants' entrance and not to exceed one (1)
square foot of space per lineal foot of that wall.
c) Temporary Special Event Signs: Are permitted for no more than ninety
(90) calendar days. Such signs shall include: banners, pennant, flying
signs, and air - inflated devices, search lights, portable bulletin signs,
streamers, and other signs approved by the Town Board.
3.5.4 Billboards.
(a) Billboards may be erected along and intended to be viewed from only Interstate 94.
Billboards are allowed only in the following Zoning Districts: Commercial and Commercial
Light Industrial Districts.
(b) The maximum allowable size of any billboard is 700 square feet. The maximum allowable
extensions shall not exceed fifteen (15) percent of the total sign area. All slcirting and
perimeter material shall be counted as part of the sign area.
(c) The maximum allowable height of any billboard is forty (40) feet. If an Interstate Highway
served by a billboard is elevated above the surface on which it is placed, the Town Board
may grant a special exception to this regulation according to its discretion.
(d) The minimum allowable distance in any direction between billboards is 5,280 feet.
(e) The minimum allowable proximity of any billboard to any residential zoning district is 500
feet.
(f) The minimum allowable distance of any billboard to any Interstate right -of -way is fifty (50)
feet.
(g) The minimum allowable distance of a billboard to any building shall be twenty-five (25) feet.
(h) No portion of any billboard shall occupy air space above any driveway or parking area.
(i) No billboard may display any moving parts nor shall it be illuminated with any flashing or
intermittent lights.
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Administration and Enforcement
(a) Permits. Except as provided below, the owner or occupant of the premises on which a
sign is to be displayed, or the owner or installer of such signs, shall file an application
provided by the Town of Hudson Building Inspector for permission to display such sign.
Permits must be acquired for all new, relocated, modified or redesigned signs except
those specifically excepted below. The applicant shall submit with the application a
complete description of the sign and a sketch showing its size, location, mariner of
construction and such other information as shall be necessary to inform the Town of
Hudson Building Inspector of the kind, size, material, construction and location of the
sign. The Town of Hudson Building Inspector may approve Sign Permits. The applicant
shall also submit the fee at the time of application as set forth in the Building Code
Ordinance.
If a sign authorized by a permit has not been installed within six (6) months after the date
of issuance of said permit, the permit shall become null and void.
(b) Exemptions. The exemptions permitted by this section shall apply only to the
requirements of a permit and shall not be construed as excusing the installer of the sign,
or the owner of the property upon which the sign is located, from complying with the
other provisions of this Ordinance. No permit is required under this section for the
following signs:
(1) Signs erected by a governmental unit or public school district.
(2) Memorial signs or tablets containing the name of the building, its use and date of
erection when cut or built into the walls of the building and constructed of
bronze, brass, stone or marble.
(3) Signs which are completely within a building.
3.5.7 Violations and Fines.
If the Town of Hudson Building Inspection and Zoning Administrator or his deputies finds that
any sign regulated by this Ordinance is prohibited as to size, location, content, type, number,
height, or method of construction, or is unsafe, insecure or a menace to the public, or if any sign
has been constructed or erected without a permit first being granted to the installer of said sign or
to the owner of the property upon which said sign has been erected, or is improperly maintained,
or is in violation of any other provisions of this Ordinance, he shall give written notice of such
violation to the owner or permittee thereof. If the owner or permittee fails to comply with the
provision set forth in this Ordinance within thirty (30) calendar days following receipt of said
notice:
(a) Such sign shall be deemed to be a nuisance and may be abated by the Town of Hudson
and the cost of abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located.
(b) Forfeitures shall be set forth in the Citation Ordinance.
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3.5.8 Appeals.
(a) A sign permit applicant or permit holder may appeal any order or determination made by
the zoning administrator or his deputy pursuant to this Ordinance by filing a notice of
appeal with the Town Clerk and requesting a hearing before the Board of Adjustment for
the Town of Hudson.
(b) The Board of Adjustment will hear:
(1) Appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by the administrative officer in the enforcement
of this Ordinance.
(2) Requests for variances from the literal provisions of this Ordinance. The
application shall demonstrate:
a) That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are applicable to other
lands, structures or building in the same district.
b) That literal interpretation of the provisions of this Ordinance would
deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms of this provision.
c) That the special conditions and circumstances do not result from the
actions of the applicant's request.
d) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands,
structures, or building in the same district.
e) That granting of the variance is necessary to the reasonable use of the
land and granting the variance will not adversely affect the existing or
potential use of adjacent land.
3.5.9 Non - conforming Signs
(a) Any nonconforming temporary or portable sign existing on October 30, 2000 or on the
date of a subsequent amendment to this Ordinance shall be made to comply with the
requirements set forth herein or shall be removed within 180 days after October 30, 2000
or on the date of a subsequent amendment to this Ordinance.
(b) Nonconforming permanent signs lawfully existing on October 30, 2000 or on the date of
a subsequent amendment to this Ordinance shall be allowed to continue in use and may
change the message. However, if the sign needs to be replaced it must comply with the
current sign ordinance at that time.
(c) Whenever the use of a nonconforming sign has been discontinued for a period of six (6)
months, such use shall not thereafter be resumed unless in conformance with the
provisions of this Ordinance.
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