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98-1171REVISED ORDINANCE NO. 98-1171 (As amended by City Council) An ordinance amending the City's sign code to reduce the size and height of signs within Sign D'rstrict A along interstate highways and prohibiting blinking and flashing signs, with a penalty and injunctive relief for violations thereof as set forth in Janesville's General Ordinance Chapter 14.48. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 14.28.030 A. 1. and 2. of the Code of General Ordinances of the City of Janesville are hereby amended and Sections 14.28.030 A.3. and 4. are hereby created to read as follows: Section 14.28.030 A. 1., 2., 3. and 4. (1). Such ground sign shall not extend above a total height of forty feet except as provided in subsections (3) and (4). (2). The area of such ground sign shall not exceed 300 square feet for one face or 600 square feet for two or more faces except as provided in subsections (3) and (4). (3). Ground signs up to 70 feet in height and 450 square feet for one face or 900 square feet for two or more faces in area are allowed subject to the following criteria: a. The property shall be zoned 154. b. The sign shall have no message center over 40 feet above the curb elevation. c. No more than one 70 foot ground sign may be permitted for each platted parcel of land or certified survey lot. d. Signs with area greater than 300 square feet per face and 600 square feet for two or more faces shall only be allowed to identify multiple occupant businesses which are located on a platted parcel of land or certified survey lot and in consideration of a reduction of the number of permissible ground signs on the lot. e. The sign shall be located at least 500 feet from any residential-zoned district not including interstate right-of-way zoned residential and with said measurement to include any unbuildable buffer zone, Conservancy District or perpetual landscape easement used, reserved or designated as such (4). The Plan Commission may allow through review and approval of a conditional sign permit as provided in Section 14.48.015 of this chapter the following: a. Ground signs up to 70 feet in height and 450 square feet per face or 900 square feet for two or more faces in area to identify a single occupant business outside of the 500 foot spacing requirement as provided in Section 14.28.030 A.(3)e. b. Ground signs up to 70 feet in height and 600 square feet per face or 1200 square feet for two or more faces in area to identify multiple occupant businesses located on a platted parcel of land or certified survey lot outside of the 500 foot spacing requirement as provided in Section 14.28.030 A. (3)e. c. A reduction of the 500 foot spacing requirement from a residential zoned district as provided in Section 14.28.030 A. (3)e. to allow ground signs up to 70 feet in height and 450 square feet per face or 900 square feet for two or more faces in area. The Plan Commission, in its review of a conditional sign permit, shall consider the following: i. The criteria listed in Section 14.28.030 A. (3) a.-c. ii. The sign will have limited visual impact on the residential area due to its placement, orientation or configuration.. iii. A reduction of the number of permissible ground signs on the lot if more than one ground sign is permitted on such lot under this Chapter. SECTION II. Section 14.48.015 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Section 14.48.015 Plan Commission review of conditional sign permits. This chapter provides for Plan Commission review and approval of conditional sign permits. The following application, hearing and review process shall apply. A. Application. An application for a conditional sign permit shall be filed with the city planner on a prescribed form, accompanied with the required $120 application fee. The application shall be accompanied by a site plan delineating the location of the proposed sign, sign plans normally required with a sign permit application and such plans or other information as deemed necessary by the city planner to process the application. B. Hearing on Application. Upon receipt of the application and other materials the Plan Commission shall hold a public heating on the application of a conditional sign permit at such time and place as shall be established by the Plan Commission. C. Notice of Hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 1 Notice under the Wisconsin Statutes in the official city paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within four hundred feet of the subject site, said notice to be sent by regular mail at least ten days prior to such public hearing. D. Plan Commission Review. The Plan Commission, after holding a public hearing, shall, within a reasonable time not to exceed sixty days, grant or deny the application. Failure to act shall constitute denial of the request. Prior to the granting of a permit, the Commission shall make findings based upon the evidence presented that the criteria herein prescribed are being complied with. E. Applicability. Any sign in existence at the time of the adoption of the ordinance codified in this chapter or any amendment thereto, which would have become a nonconforming sign because of the adoption of the ordinance codified in this chapter or any amendment thereto and which conforms to all of the standards provided for conditional sign permit in this chapter shall be deemed to be a permitted conditional sign and shall be granted a conditional sign permit by the Plan Commission. SECTION III. Section 14.36.010. B. and C. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: B. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this code. For purposes of this section, structural alteration is defined as the replacement or modification of a substantial portion of the framing or supports of a sign or modification of the size or height of the sign. C. Nonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use. For purposes of this section change of use shall mean any use which is different from the previous use of the building or land. All signs advertising the new use shall be brought into compliance with this code or removed within 90 days. SECTION IV. Section 14.36.020 of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 14.36.020 Exemptions. The requirement in Section 14.36.010 for compliance or removal of a nonconforming sign upon the change of use or destruction or damage resulting from an act of God shall not apply to the following: A. A sign which varies from the height, area, projection, or setback limitations in an amount of not more than twenty percent of the allowable dimension; B. A sign which is nonconforming solely as a result of its distance from another sign. SECTION V. Section 14.20.120 of the Code of General Ordinances of the City of Janesville is hereby repealed and recreated as follows: 14.20.120 Electronic Message Signs. A. No illuminated flashing signs shall be permitted. Flashing signs are those which change their appearance more than once every four seconds. Chasing lights shall not be permitted. B. Electronic message signs may be allowed in Sign Districts A and B upon the review and approval of a conditional sign permit by the Plan Commission as provided in Section 14.48.015 of this chapter. The Plan Commission, in its review, shall consider the following: (1). Such signs shall comprise no more than 30% of the face of the ground sign area. (2). No sign shall interfere with the visibility of any traffic signal. (3). No such sign shall be illuminated to a degree or brightness that is greater than necessary for adequate visibility. Signs found to be too bright shall be adjusted in accordance with the instructions of the City. (4). No such signs shall be higher than 25 feet above the curb elevation for Sign District B and 40 feet above the curb elevation in Sign District A. (5). Routine messages shall not repeat in intervals of less than 4 seconds nor last longer than 10 seconds. Single phrase messages may last longer than 10 seconds. (6). No traveling message signs shall be permitted. (7). The Plan Commission must find that the character of the sign is compatible with the general area, and that limited visual impacts will occur to nearby residential areas prior to approving such signs. C. Time and temperature signs are allowed in all sign districts without approval of a conditional sign permit subject to compliance with criteria (1)-(5) listed in Section 14.20.120B. D. Illuminated price or rate panels for hotel/motel and motor fuel which change no more than once daily are allowed in all sign districts without approval of a conditional sign permit subject to compliance with criteria (1)-(3) in Section 14.20.120B. E. Rotating signs shall be limited to a maximum of eight revolutions per minute and shall not flash or have traveling bulb effects. F. Multiple message signs or tri-vision signs whose messages are on triangular louvered facings and are changed by electronic rotation of the louvers are permitted for off- premise signs provided that the time the message remains in a fixed position shall be six seconds or more. SECTION VI. Section 14.08.075 of the Code of General Ordinances of the City of Janesville is hereby created as follows: 14.08.075 Electronic Message Sign.. "Electronic Message Sign" means a sign displaying words or numerals which change their appearance not more than once every four seconds which indicate the names of persons associated with or events conducted upon or products or services offered upon the premises where the sign is maintained and is illuminated internally by means of electronic bulbs or other similar methods, controlled electronically and able to be programmed to change indefinitely. ADOPTED: May 11, 1998 APPROVED: Steven E. Sheiffer, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM City Attorney Proposed by: City Administration Prepared by: Planning Department MOTION BY: Westphal SECOND BY: Murphy COUNCILMEMBER AYE NAY PASS ABSENT WESTPHAL X MURPHY X STEHURA X BRIEN X O'LEARY X NOLL X SCHNEIDER X