44 - Signs - Lake Delton

Ordinance #44
Signs - Lake Delton


The Village Board of the Village of Lake Delton, Sauk County, Wisconsin, does ordain as follows:


The purpose of this ordinance is to create the legal framework to regulate, administer, and enforce outdoor sign advertising and display within the Village of Lake Delton. This ordinance recognizes the need to protect the safety and welfare of the public, the need for well-maintained and attractive sign displays within the community, and the need for adequate business identification, advertising, and communication. This code authorizes the use of signs visible from public rights-of-way, provided the signs are:

1 . Compatible with the zoning regulations.

2. Designed, constructed, installed and maintained in such a manner as to not endanger public safety or traffic safety.

3. Legible, readable and visible in the circumstances in which they are used.

4. Respectful of the reasonable rights of other advertisers whose messages are displayed.


For the purposes of this section of the ordinance, the following definitions shall apply.

Abandoned sign - A sign which no longer correctly advertises a bonafide business, lessor, owner, product, or activity conducted, or product available on the premises where the sign is displayed or elsewhere.

Amusement Park - A business or group of businesses planned and developed as a single unit sharing off-street parking and whose principal activity involves games, arcades, sporting or other recreational activities in which the customer or patron participates.

Area of Copy - The entire area within a single, continuous perimeter that encloses the extreme limits of an advertising message, announcement, or decoration of a wall sign.

Area of Sign - The area of the largest single face of the sign within a perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the signs may be placed. If the sign consists of more than 1 section, or module, all areas will be totaled. Any irregular shaped sign area shall be computed using the actual signface surface. In the case of wall signs, the area of copy will be used.

Awning - A movable or fixed shelter supported entirely from the exterior wall of a building and composed of rigid or nonrigid materials except for the supporting framework.

Banner - Any sign printed or displayed upon cloth or other flexible material, with or without frames.

Beacon - A stationary or revolving light which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.

Canopy (or Marquee) - A permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, glass or plastic.

Changeable Copy Sign - A sign such as a manual, electronic or electronic-controlled time and temperature sign, message center or reader board, whether electronic, electric or manual, where copy changes. Any sign may be, or include as part of it, a changeable copy sign.

Directional Signs - A sign not exceeding 8 square feet in size which contains no message other than the word "Enter," "Exit," or "Drive-In" and is located within 5 feet of a driveway.

Display Surface Area - The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delinations; provided, however, display surface area shall not include the structural supports for free-standing signs; provided further, that only 1 face of a double-faced sign as defined shall be considered in determining the display surface area.

Double-faced Sign - A sign with copy on 2 faces that are back to back or V-shaped facing in generally opposite directions.

Electric Sign - Any sign containing internal electric wiring which is attached to or intended to be attached to an electrical energy source.

Flashing Sign - An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

Free-standing Sign - Any sign that stands alone, not attached to any structure and erected on 1 or more free standing supports or uprights, whether portable or attached to real estate.

Frontage - The length of the property line on any 1 premises parallel to and along each public right-of-way it borders. Said public right-of-way may be known as a frontage

Ground Sign - see Free-standing sign.

Non-conforming Sign - A sign that does not meet code regulations.

Portable Sign - Any sign not permanently attached to the ground or a building.

Premises - A premises shall be the tax parcel of the property. When circumstances warrant a premises may, due to unity of use, constitute more than a single tax parcel.

Off-Premise Sign - A sign which advertises goods, products, facilities or services not on the premises where the sign is located, or directs persons to a different location from where the sign Is located.

Off-premises Directional Sign- A sign that directs pedestrian or vehicular traffic to businesses or locations located elsewhere and which tells the location of or route to such business or location.

Off-premises Directional Sign Structure- A sign structure supporting directional signs.

On-Premise Sign - Any sign identifying or advertising a business, person, activity, goods, products or services located on a premise where the sign is installed and maintained.

Projecting Sign - A sign that is attached to and projects from a building.

Roof Sign - Any sign wholly erected, constructed or maintained on, or suspended above, the roof structure or parapet wall of any building.

Shopping Center - A group of 3 or more commercial uses characterized by any 1 or more of the following:
  • Uses that are designed as a single commercial group, whether or not located on the same parcel. Contiguous uses occupying premises that are under common ownership or management.
  • Uses that are connected by party walls, partitions, canopies or other structural members to form 1 continuous structure.
  • Uses that are located in separate buildings but are interconnected by walkways, driveways, parking areas that facilitate customer interchange between the uses.
  • Uses that share a common parking area.
  • Uses that otherwise present the appearance of a single continuous commercial development.
Shoreland Sign - Any sign designed or placed so that it is visible from a lake or stream at any time of the year.

Sign - A device that is intended, designed or used for advertising display, identification, announcements, or related purposes, including signs, screens, billboards and other advertising devices of any type. Structures which have no wording or which are not directly a solicitation for business or other activity, such as animal figures, artificial water falls and art forms with no solicitation shall not be considered as a sign, but shall not be placed so as to violate the lighting, spacing, size or vision triangle requirements of this ordinance or any pertinent building code or other Village ordinance and shall have to meet the criteria that would apply as to granting a sign permit before granting such building permit. For purposes of removal, signs shall also include all sign structures.

Sign Structure - Any device or material that supports, has supported, or is capable of supporting a sign in a stationary position, including decorative covers.

Sign Visible from Interstate Highway - Any sign containing an advertising message readable by a person with normal visual acuity traveling on the Interstate Highway.

Unified Sign - A multiple business identification sign specially permitted by the Village Board.

Wall Sign - A sign attached to the wall or a building with the face in a parallel plane to the plane of the building wall. This includes signs painted directly on a wall.


A. All signs are prohibited in the Conservancy (CON) and Residential Zoning Districts (R-1, R-2), except the following:

1. Signs not requiring a permit.

2. Signs over a window or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed 2 (2) feet in height and 10 (10) feet in length.

3. Agricultural signs pertaining to the sale of agricultural products on a farm. Any such sign must be located upon the farm which it advertises and shall not exceed 32 square feet in area on all sides for any 1 farm.

B. Signs are permitted in all other zoning districts provided that the signs meet the requirements of this ordinance.

C. Wall signs painted on, attached to or placed against the exterior walls of buildings shall not extend more than 18 (18) inches outside of a building's wall surface, shall not exceed 200 square feet in area for any 1 premises, and shall not exceed 20 feet in height; all such signs if on-premises shall conform to the criteria herein for such on-premises signs.

D. Roof and Projecting Signs.

1. Roof signs shall be on-premises signs and shall not exceed 200 square feet in area per facing and shall not extend more than 35 feet from the ground.

2. Projecting signs fastened to, suspended from or supported by structures shall be on-premises signs and shall not exceed 200 square feet in area per facing.

3. Canopy signs shall be on-premises signs and the area of copy shall not exceed 200 square feet.

E. Free-standing signs shall not exceed 600 square feet in area per facing for on-premises signs, and shall not exceed 300 square feet in area per facing for off-premises signs. Unified Signs shall not exceed 600 square feet in area per facing.

F. All shoreland signs visible to lake or stream users at any time of the year shall not exceed 100 square feet per facing in area on each side. All shoreland signs shall be "on-premises" regardless of the amount of water frontage.

G. No sign shall be erected at any location where it may, by reason of its position, shape, color or other characteristics interfere with, obstruct the view of, or be confused with any authorized traffic sign, traffic signal, or other traffic device; nor shall any sign make use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," "ENTER," "EXIT," "OPEN," or in any other word, phrase or symbol or character in such a manner as to interfere with, mislead or confuse traffic. "Enter," "Exit," and "Drive-In" signs may be allowed by permit of the Village Board for use where such signs significantly aid the flow of traffic and provided further that the business for which said signs are requested shall have separate entrance and exit drives with curb cuts for each separated by a minimum distance of 10 feet.

H. No sign shall be placed upon or over any public way or right-of-way provided, however, that this paragraph shall not be construed to prohibit direction or placement of any authorized traffic sign, traffic signal or other traffic device.

I. Signs on vehicles. Any sign on any vehicle, motorized for otherwise, licensed o unlicensed, may only be an off-premises sign and may only be parked or placed within Waterfront Commercial (WC), Commercial (C-1), and Industrial (1) Districts. Such signs having been so placed for the purpose, apparent purpose or resulting purpose of advertising a business activity, or public or private events shall not have a sign area in excess of 48 square feet per facing. Such sign or vehicle shall not be parked within 100 feet of any other sign that requires a permit under this ordinance. Such signs shall require application for and issuance of a permit. Such sign or vehicle shall not be structured in such a way so as to be a hazard to traffic or driver visibility. This shall not prevent any ordinary, legitimate business vehicle from parking in any area of the Village of Lake Delton, whether on-street or offstreet, if the same is parked there for a legitimate purpose other than that of purely advertising.

J. Portable signs not expressly permitted are prohibited.

K. Advertising balloons, kites. Balloons, kites, or other such signs tethered to the ground or a structure are prohibited.

L. Off-premises Directional signs. In addition to any other sign permitted by this ordinance, an Off-premises Directional sign structure may be installed within the public right of way pursuant to authorization of the Village Board. Directional signs shall meet the following requirements:

1 . A directional sign shall provide only the names and/or logos of the subject businesses or locations.

2. A directional sign structure may be erected within 50 feet of an intersection to direct traffic to businesses or locations otherwise not readily visible from the street.

3. The dimensions of a directional sign structure including all directional signs attached thereto shall be established by the Village Board shall not exceed 200 square feet in area.

4. Directional sign structure and directional signs shall be governed by the provisions of this subparagraph L.

5. Qualified businesses or locations wishing to be identified on a directional sig shall apply to the Village Sign Inspector. For purposes of this subparagraph L, a qualified business or location shall be a business or location reasonably located where directed. The Village Board shall determine in its discretion whether or not a particular business or location is qualified for inclusion on a directional sign. Placement of a directional sign shall be based upon available space on the directional sign structure.

6. Directional sign structures and directional signs shall be constructed, installed and maintained by the Village of Lake Delton or as otherwise directed.

7. The fees for installation and maintenance for a directional sign shall be as established by the Village Board.


A. Spacing and lighting requirements shall be applied to all signs governed by this ordinance as follows:

1. One Free-standing sign shall be permitted for each full 200 feet of frontage on any highway, road or street which is open to the public and abutting said business premises. No Free-standing sign shall be placed within 200 feet of any other Free-standing sign, provided however that any business premises with less than 200 feet of total frontage shall be allowed 1 on-premises Free-standing sign,and provided further that no segment of frontage along a single highway, road or street shall have more signs directed or oriented to or toward that segment than would be permitted based upon the number of feet of frontage in that segment. Signs placed pursuant to the terms of this paragraph shall be removed prior to any sale, lease, assignment or transfer of property which would result in such signs failing to comply with the spacing requirements of this ordinance. For purposes of this paragraph, shopping centers and amusement parks shall be considered a single business premises.

2. All signs other than directional signs shall be set back a minimum of 50 feet from side property lines. Variance shall be allowed for 1 on-premises sign for property owners with less than 100 feet of frontage. The exact location permitted In such cases will be determined based upon the topography of the property and the location of existing structures. Variance may be allowed to other property owners where topography or location of existing buildings make compliance with this section difficult and an alternate location consistent with the intent and spirit of this ordinance is proposed.

3. A sign structure may have displays back to back, side by side, decked, or in "V" type construction with no more than 2 displays to each facing, and each sign structure shall be considered 1 sign provided that the greatest distance between faces on "V" type constructed signs shall not exceed the width of the sign and all "V" and back to back signs have at least 1 point where the distance between facings does not exceed 6 feet.

4. No sign shall be so illuminated so as to create or cause a hazard to vehicles or other traffic, or obscure an official device, sign or signal.

5. Signs shall not be placed in such a way that they will obstruct existing signs.

6. Any electric sign shall comply with the National Electric Code 1978 Edition as amended and adopted by the State of Wisconsin.

B. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct nor interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape; and no sign shall be attached to a standpipe or interfere with traffic visibility nor be lighted in such a way as to cause glare or impair driver visibility upon public highway or highways.

C. Interstate Signs. Signs visible from Interstate Highways shall be regulated, in addition to the other provisions of this section, in the following manner:

1. Site eligibility: The land to be occupied by off-premises advertising signs shall be such as has been zoned business, industrial, manufacturing, commercial or shopping in accordance with the Village's normal zoning practices and land use planning. Land with zoning other than one of the foregoing shall not be eligible to accommodate an off-premises advertising sign.

2. Size. Notwithstanding other provisions of this ordinance, signs located within an area zoned commercial or industrial, visible from the Interstate Highway, and located within 100 feet of the night-of-way of said Interstate Highway may be permitted with size up to 1,200 square feet.

3. Illumination. Flashing, intermittent, or moving light or lights are prohibited, except those giving public service information, such as time, date, temperature, weather or similar information. Lights which are directed at any part of the highway or which interfere with or obscure an official traffic device, sign or signal are prohibited.

4. Spacing. No 2 off-premises advertising signs visible from the Interstate shall be located so as to be visible in traffic at any 1 time within the same block. Block shall be defined as space between cross streets or every 500 feet, whichever is less.

5. Any sign readable or designed to be readable from a through travel lane of an Interstate Highway is also subject to the permit and sign criteria requirements administered by the Wisconsin Department of Transportation pursuant to s. 84.30 Wisconsin Statutes. Accordingly, no permit for any sign readable or designed to be readable from a traveled lane of an Interstate highway will be granted under this ordinance until the applicant has filed with the Village Clerk a copy of a permit from the said state department which is in effect at the time of the filing.

E. Permits.

1. No sign of any type or class, unless specifically exempted hereunder, shall be erected, changed, repaired, restructured, refaced, moved or changed in any manner whatsoever, regardless of the extent or cost involved therein, unless an application for a permit shall have been submitted to the Village Sign Inspector.

2. Application for a permit shall be filed with the Sign Inspector upon forms provided and shall contain the following information:

a. The name, address, and telephone number of the sign owner, the property owner of the land where the sign is or will be located, and the sign contractor for the proposed sign.

b. Clear and legible scale drawings with description and nominal dimensions of the proposed sign, the construction, size, dimensions and kind of materials to be used in such structure. The site plan shall show the buildings on the premises upon which the structure is to be erected and maintained, together with location, size and types of existing signs on the premises where the proposed sign is to be located.

c. Photos of subject property and sign site.

d. Such other information as the Sign Inspector may require to show full compliance with this ordinance and this and all other applicable laws of the Village of Lake Delton.

e. A sworn statement of the replacement cost of said sign, along with a complete copy of any lease agreement for said sign.

f. Signature of the applicant.

g. Payment for all required fees.

3. No application may be filed for any sign which has already been constructed and installed.

4. No sign permit shall be granted except upon review and action by the Village Board after recommendation of the Sign Inspector.

5. No separate permit is required for change of messages on changeable copy signs or change of messages on off-premises signs for which a prior permit has been issued.

6. A new and separate permit is required prior to any change in sign copy which would have the functional effect of changing the sign to a class of sign other than that described by a prior permit or prior use of the sign, and such permit shall not be granted unless the sign shall be in full conformity with all criteria applicable to the new class of sign which would follow from such change.

7. No permit shall be granted nor shall any copy be allowed on existing signs when the content of said sign or copy in the judgment of the Village Board is untruthful, misleading, obscene or advertises any activity or business which is illegal under Federal, State or Municipal law.

8. No permit shall be required for the following types and classes of signs:

a. Construction signs. Construction signs with the principal purpose of identifying contractors, subcontractors or suppliers on a construction site shall be allowed without permits provided that there shall not be more than 1 sign per construction site. No such sign shall be larger than 16 square feet, and no sign shall remain for more than 60 days.

b. Government signs. Government signs for control of traffic and other regulatory purposes, danger signs, railroad crossing signs, and signs of public utilities indicating danger, and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty

c. Home Occupation Signs. Signs associated with a home occupation provided such signs are non-illuminated wall signs that do not exceed 2 square feet in area.

d. House Numbers and Name Plates. House numbers and name plates not exceeding 2 square feet in area for each residential, commercial or industrial building.

e. Interior Signs. Signs located within the interior of any building or structure or business premises which are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical, or material specifications of this ordinance.

f. Memorial Signs and Plaques. Memorial signs or tablets, names of buildings and date of erection, which are cut into masonry surface or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material not more than 4 (4) square feet in area.

g. No Trespassing or No Dumping Signs. No trespassing and no dumping signs not to exceed 1 and 1-half (1 1/2) square feet in area per sign.

h. Public Notices. Official notices posted by public officers or employees in the performance of their duties.

i. Public Signs. Signs required as specifically authorized for a public purpose by any law, statute or ordinance.

j. Political and Campaign Signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots provided that said signs are subject to the following regulations:

(1) Said signs may be erected not earlier than 30 days prior to the primary election and shall be removed within 15 days following said general election.

(2) Each sign shall not exceed 16 square feet in non-residential zoning districts and 8 square feet in residential zoning districts.

(3) No sign shall be located within 15 feet of the public right-of-way of a street intersection, nor over the right-of-way.

k. Real Estate Signs. One real estate sales sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies and is not directly illuminated.

(1) In residential districts, such signs shall not exceed 8 square feet in area and shall be removed within thirty (30) days after the sale, rental, or lease has been accomplished.

(2) In all other districts such signs shall not exceed 16 square feet and shall be removed thirty days after the sale, rental, or lease has been accomplished.

l. Temporary window signs. In business, commercial and industrial districts, the inside surface of any ground floor window may be used for attachment of temporary signs. The total area of such signs, however, shall not exceed 50% of the total window area, and shall not be placed on door windows or other windows needed to be clear for pedestrian safety. in.

m. On-Premise Symbols or Insignia. Religious symbols, commemorative plaques of recognized historic agencies, or identification emblems of religious orders or historic agencies.

n. On-Premise Temporary Signs. Temporary signs not exceeding 4 (4) square feet in area pertaining to drives or events of civic, philanthropic, educational, religious organizations, provided such signs are posted not more than thirty (30) days before said event and removed within 3 (3) days after the event.

o. Vehicular Signs. Truck, bus, trailer or other vehicle, while operating in the normal course of business, which is not primarily the display of signs.

p. Bulletin Boards of public, charitable or religious organizations, not to exceed 8 (8) square feet in area, located on the premises.

9. Upon issuance of any sign permit the applicant for said permit shall have a period of time of 1 year in which to complete the work or construction allowed pursuant to s1. aid permit. Any work required to complete such project after 1 year shall require a new permit.

E. Violation or failure to comply with the provisions of this ordinance shall be and hereby is declared to be unlawful.

1. Any sign other than a "legal non-conforming sign" found to be in violation of the terms of this ordinance shall be brought into compliance within 5 days of mailing written notification by the Sign Inspector, or shall be removed by the owner at the owner's expense. Notice by the Sign Inspector under this paragraph shall be mailed to the address indicated on the original sign permit application or any amendment thereto. If no sign permit application is on file, notice may be sent to the owner of the real property on which such sign is located or to the business location advertised on such sign. In the event the owner does not remove or bring said sign into compliance, the Sign Inspector may order removal, the expense of which will be assessed to the tax roll of the property on which the non-complying sign is located.

2. Any person, firm or corporation violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $50 nor more than $200 and every such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section (Section IV) is committed, continued, or permitted, before or after notice has been given pursuant to paragraph I above.

F. Unified Signs

1. Businesses located within a shopping center, commercial subdivisions or distinct area of the Village may join together and request accommodations to the provisions of this ordinance to construct Unified Signs identifying their businesses on a single sign structure. Applications for a Unified Sign accommodation shall be submitted to the Village Board and in addition to the information provided pursuant to Paragraph D (2) above, shall be accompanied by a proposed unified sign plan identifying the businesses to be advertised and shall be accompanied by a proposed unified sign plan signed by the owners of said businesses or their representatives. Said plan shall identify all businesses involved, a contact person, and an agreement between the owners of the businesses for sharing the cost of installation, maintenance and repair of the Unified Sign and an agreement to limit the number of on-premises signs for each business to 1 and limit the size of any on-premises sign for each business to a maximum of 100 square feet in area and a maximum height of 6 (6) feet above grade.

2. Notice of hearing.

A notice of hearing regarding an application for a Unified Sign accommodation shall be mailed to all property owners, as shown on the latest equalized assessment roll, and all residential occupants within 1 hundred (100) feet of the exterior boundaries of a project site at least 10 (10) days prior to the hearing regarding the application.

3. Standard of review for Unified Signs.

The Village Board shall review an application for a Unified Sign permit accommodation to determine whether or not the proposed Unified Sign identifies the businesses advertised with good taste and good design, and the proposed signs are in harmony with its neighbors and does not unduly interfere with existing on premises signs. A Unified Sign should be located near or adjacent to the driveway, or access road to the businesses advertised. As it is the intent of the Village that the number and size of signs be reduced, all businesses depicted on a Unified Sign shall be restricted to 1 Free-standing on-premises sign not exceeding 100 square feet in area nor 6 feet in height above grade. The Village Board may impose such conditions on an accommodation approval as it deems necessary to make the findings required by this Section or as it deems appropriate to protect the public health, safety and general welfare. The applicant or any person aggrieved by any decision regarding a sign accommodation may appeal such decision to the Village Board of Zoning Appeals.

4. In the event of a sale of a business included in the Unified Sign the Unified Sign Plan shall be changed to include the new owner who shall file an addendum to the Unified Sign Plan agreeing to be bound by all terms and conditions of the Unified Sign Plan and the conditions required by the Village Board in approving the Unified Sign accommodation.

G. Legal Non-Conforming Signs.

1. After enactment of this ordinance the Sign Inspector shall survey the Village of Lake Delton to inventory all signs. Upon determination that a sign is non-conforming, the Sign Inspector shall use reasonable efforts to so notify, either personally or in writing, the owner of the sign and the owner of the property on which the sign is located of the following:

a. The sign's non-conformity.

b. Whether the sign is eligible for characterization as a legal non-conforming sign or is unlawful.

2. Signs Eligible for Classification as a Legal Non-Conforming Sign. Any sign located within the Village of Lake Delton on the date of adoption of this ordinance, or located in an area annexed to the Village of Lake Delton, hereafter, which does not conform with the provisions of this ordinance is eligible for classification as a legal non-conforming sign and is permitted, providing it also meets the following requirements:

a. The sign was covered by a proper sign permit prior to the date of adoption of this ordinance.

b. If no permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this ordinance.

3. Loss of Legal Non-Conforming Status.

a. Purpose. The Village Board of the Village of Lake Delton finds that the rapid development and increased competition among various businesses located in and around the Village has significantly increased the number of signs in the Village. The result is that there are too many signs, which tend to increase confusion with the public and interfere with each other. As a result the Village Board has determined that the public interest is served by reducing the number of signs located within the Village of Lake Delton. It is the determination of the Village Board that legal non-conforming signs not be improved, re-installed, reconstructed, replaced or have their useful life extended

b. A sign loses its non-conforming status if 1 or more of the following occurs:

(1) The sign is structurally altered in any way, except for normal maintenance or repair the cost of which shall not exceed 50 % of the value of the sign structure.

(2) The sign or sign structure is replaced, reconstructed or relocated.

(3) The sign fails to conform to the ordinance regarding maintenance and repair, abandonment, or dangerous or defective signs.

(4) The owner fails to comply with the provisions of this ordinance.

(5) The sign is blown down.

(6) The sign is damaged or destroyed to the extent of 50% or more of the sign face or structure, or the cost of repair after such damage exceeds 50% of the value of the sign structure.

(7) On the date of occurrence of any of the above, the sign shall new permit secured therefore, or shall be removed.

(8) No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity. Should any non-conforming sign be damaged by any means to an extent of more than fifty percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this ordinance.

4. Legal Non-Conforming Sign Maintenance and Repair

Nothing in this paragraph shall relieve the owner or user of a legal non-conforming sign or the owner of the property in which the sign is located from the provisions of this ordinance regarding safety, maintenance, and repair of signs.

H. Maintenance and Repair

1 . Every sign, including but not limited to those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting (except when a weathered or natural surface is intended), repainting, cleaning and other acts required for the maintenance of said sign.

2. The Sign Inspector shall require compliance with all standards of this ordinance. If the sign is not modified to comply with safety standards outlined in this ordinance, the Sign Inspector shall require its removal in accordance with this section.

I. Abandoned Signs.

All signs and sign messages shall be removed by the owner or lessee of the premises upon which a sign is located: (1) when the business it advertises is no longer conducted; (2) for an off premises sign, when lease payment and rental income are no longer provided; (3) when the sign is not used for advertising purposes for any 12 consecutive months. If the owner or lessee falls to remove the sign, the Sign Inspector shall issue a Notice to Remove. Upon failure to comply with this notice, the Village of Lake Delton may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.

J. Deteriorated or Dilapidated Signs. The Sign Inspector shall cause to be removed any dilapidated signs under the provisions of Wisconsin Statutes Section 66.05.

K. Certification. In the event that this ordinance shall receive certification as a bona fide "determination of customary use" under Section 84.30 (4), Wisconsin Statutes, and Trans. 201.20, Wisconsin Administrative Code, the Village of Lake Delton shall pay the full costs of removing any sign which acquires non-conforming status wider state or local law. Said costs shall include any liability of the state or federal government under Section 84.30 (6), Wisconsin Statutes or 23 U.S.C. 131 (g).

L. Fees.

1. Permit fees. Each application for permit shall be accompanied by a permit fee in an amount established by the Village Board, but to be amended as the Village Board shall see fit from time to time and payable in advance. In the event the permit is not granted, the permit fee shall not be refunded unless good cause shall be shown and the Village Board shall by majority roll call vote decide upon such refund.

2. Inspection fees. There shall be a bi-annual inspection fee for all signs requiring permits. The fee shall be in the amount of $10 for each sign. Such fees shall be due and payable July 15th of each odd-numbered year, commencing July 1, 1999. In the event of non-payment of said fee, the amount due shall be assessed to the tax roll of the property on which the sign is located.

Section V. Enforcement

A. Sign Inspector. There shall be created the position of Village Sign Inspector, who shall not be required to be a resident of the Village of Lake Delton; in the event of the inability, disability or absence of the Village Sign Inspector appointed by the Village Board, the Village Board may appoint a deputy or temporary Village Sign Inspector to act during the absence or inability of the regular Sign Inspector, which deputy or temporary Village Sign Inspector need not be a resident of the Village, but such deputy or temporary Village Sign Inspector shall have all the powers and duties of the Village Sign Inspector. It is further directed that the Village Sign Inspector is to be appointed by the Village Board by a majority vote and to continue at the pleasure of the Board, and shall have the duty of carrying out the provisions of this ordinance, and as it shall be amended, and shall have the further duty, in the event of violations, to prepare the necessary documents and proof necessary for recommendations to the Village Board who shall authorize enforcement and action against any person, firm or entity violating any terms of this ordinance. It shall also be the duty of the Sign Inspector to maintain all records necessary and required by the Village to retain certification of this Sign Ordinance by the Wisconsin Department of Transportation. Such records and all notes and work product of the Sign Inspector to be the sole property of the Village of Lake Delton and at all times to be in the Village offices, except as are needed for inspection, enforcement or any other legitimate job purpose. While it shall be the duty of the Sign Inspector to investigate all sign permit applications and to make a recommendation thereon to the Village Board as to whether the same should be granted, revised, or not granted, the ultimate decision of granting any sign permit or the permit for any structure or device referred to herein shall lie solely in the Village Board.

B. Inspection. Each odd-numbered year, commencing with the year 1999, the Village Sign Inspector shall inspect all signs located within the Village for which permits are required. Such inspection, after the year 1999, shall be conducted before June one of the inspection year. The Sign Inspector shall send out notices to the owners of all signs which appear not to be in compliance with the terms of this ordinance, including all signs which have previously been classified as "legal non-conforming".


A. No person shall erect, install, use, or maintain any sign or sign structure in violation of any provision of this Ordinance, or other Wisconsin Statutes or Wisconsin Administrative Code provisions incorporated into this ordinance, or cause to permit any such violation to be committed. Any person violating any of the provisions of the Ordinance shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $200, together with the costs of prosecution, and upon default of payment of such forfeiture and costs shall be imprisoned in the County Jail of Sauk County until payment is made, but not exceeding 6 months for each violation. Each day of violation of any provision of this ordinance shall be deemed to constitute a separate offense.

B. If an inspection reveals a noncompliance with this Ordinance, Wisconsin Statutes, or other Wisconsin Administrative Code provisions incorporated into this ordinance, the Building Inspector shall notify the owner, in writing, of the violation(s) to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted. If, after written notification, the violation is not corrected within 30 days, a removal order may be served on the owner

C. Each day each violation continues after the 30-day written notice period has run shall constitute a separate offense. Nothing in this ordinance shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of the Ordinance, the Wisconsin Statutes, or any other Wisconsin Administrative Code provision incorporated into this ordinance.

D. No permit may be issued to any sign installed prior to the issuance of a permit.


The provisions of this ordinance are severable. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions thereof.


All ordinances adopted by the Village Board of Lake Delton prior to the adoption of these Ordinances, which are in conflict, are hereby repealed.


This ordinance shall take effect from and after passage and publication.