Fiscal Note
The proposed ordinance amendment updates the application fee for a sign permit to $25. The 2025 Adopted Operating Budget included the increased application fee revenues in General Fund Revenues. No additional City appropriation required.
Title
Amending section 31.041 of the Madison General Ordinances, Sign Permits and Fees, to create a new application fee and deadlines for processing sign permit application.
Body
DRAFTER’S ANALYSIS: This ordinance establishes a new $25 application fee for all sign permits which was included in the 2025 adopted operating budget. This fee will defray some administrative costs of processing a sign permit application and is in addition to the permit fee, which is only charged if the permit is approved. This ordinance also establishes a 60-day deadline for zoning staff to approve, deny, or request additional information to process a sign permit application, clarifies the existing procedure to appeal a sign permit denial, and makes wording adjustments for readability.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 31.041 entitled “Sign Permits and Fees” of the Madison General Ordinances is amended as follows:
“31.041 SIGN PERMITS AND FEES.
(1) Permit Required.
(a) Signs may be erected, moved, enlarged, or reconstructed within the City of Madison as allowed in this Ordinance only when a permit therefor shall have been issued by the Zoning Administrator or designee, except when specifically exempt from permit under Sec. 31.044 or elsewhere in this Ordinance.
(b) It shall be unlawful for any person to erect, repair, alter, relocate, maintain, or change copy, except for signs designed for changeable copy, within the City of Madison any sign as defined in this ordinance Ordinance without first obtaining a permit from the Zoning Administrator and making payment of the fee(s) required by this ordinance Ordinance, unless a permit is not required under Sec. 31.044 or unless otherwise exempt from obtaining a permit or paying a fee under the provisions of this ordinance Ordinance. It shall be unlawful to erect or maintain a sign in any manner that does not conform to a requirement of the approved permit. All electric signs shall, in addition, be subject to the provisions of the Electrical Code (Chapter 19), and the permit fee required thereunder.
(2) Application for Sign Permit.
(a) Application Materials and Fee. Applications for sign permits required by this Ordinance shall be filed on application forms provided by the Zoning Administrator. A City and shall include a photograph of the property or an accurate, detailed, full color, to-scale drawing, a plot plan, and construction and installation plans, including specifications and engineering data,; shall accompany the application. When all of the provisions of this ordinance or other ordinances relating to such sign shall have been complied with and when the applicant has paid the required fee for every such application, the permit may be granted. The Zoning Administrator shall determine, consistent with the provisions of this ordinance, the form and contents of all applications for permits herein required. The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected, or the applicant must make a sworn statement by the applicant that the applicant is authorized by the owner, lessee or other authorized occupant of the premises to erect the proposed sign(s) and any other information deemed necessary by the Zoning Administrator, consistent with this Ordinance. A non-refundable application fee of $25 per sign shall accompany all applications under subs. (3)(a) and (b).
(b) Review of Application. The Zoning Administrator shall have sixty (60) days from the date of receipt of a completed application meeting the requirements above and the required application fee to approve or deny, or request additional information from the applicant. If additional information is requested, the submission of additional information shall restart the 60 days. An applicant may waive these deadlines in writing.
The Zoning Administrator or designee shall examine the completed application materials and, if they deem necessary, inspect the premises upon which the sign is to be erected or changed.
The sign permit shall be approved and a permit issued forthwith if the Zoning Administrator determines the proposed sign complies with this Ordinance and any other applicable laws. The permit fee in sub. (3) shall be paid prior to permit issuance.
The application shall be denied if the application (including any requested additional information) does not demonstrate compliance with this Ordinance or any other applicable law, or for the reasons listed in sub. (5) below. If the application is denied, the Zoning Administrator shall provide to the applicant in writing the reasons for denial and the appeal information set forth in sub. (6) within the deadlines stated above.
(3) Permit and Application Fees.
All fees under this subsection shall be payable to the City Treasurer, as follows:
(a) Initial Sign Permit. When a permit is required under this ordinance Ordinance, the permit fee shall be paid after Zoning Administrator approval of the application and before the permit is issued. The permit fee is in addition to the nonrefundable application fee in this section. Permit fees are as follows:
1. Initial permit for all signs under this chapter (except ground signs, advertising signs, and business opening signs those with a different fee in this subsection): one dollar and seventy-five cents ($1.75) per square foot of the net area.
2. Ground signs: one dollar and seventy-five cents ($1.75) per square foot of the gross area.
3. Advertising signs: two dollars and fifty cents ($2.50) per square foot of the net area.
4. Business opening sign: flat fee of fifty dollars ($50).
5. Portable signs under Sec. 31.046(2): flat fee of fifty dollars ($50)
6. Bicycle-sharing facility signs on private property under Sec. 31.046(4): $100 for all permitted signs per facility.
7. Minimum permit fee: in no case shall any sign permit fee be less than fifty dollars ($50.00), except for change of copy under Sec. 31.041(3)(b) below.
8. Temporary Decorative Window Coverings under Sec. 31.101: Flat fee of fifty dollars ($50) per window. Each permit is valid for a maximum of six (6) months or until the building or tenant space associated with the window is occupied, whichever is shorter, and is renewable for the same fee and duration if the building or tenant space continues to be vacant.
(b) Change of Copy and Change of Location Fees. The A sign permit fee for changing the face or sign copy of a sign for which a permit is required under this ordinance Ordinance, other than a sign designed for changeable copy, shall be one dollar and fifty cents ($1.50) per square foot of the net area of the copy to be changed, but in no case less than ten twenty-five dollars ($25). The permit fee for changing the location of an existing sign on the same zoning lot shall be twenty-five dollars ($25).
(c) Failure to Obtain Permit or Complete Work.
1. Erecting Sign Without a Permit. The A sign permit shall be obtained before erecting or starting work on a sign or commencing any action for which a permit is required under this ordinance Ordinance. The fee for a permit issued after commencement shall be doubled. If any work for which a permit is required by this Ordinance is commenced before the permit is issued, the permit fee shall be doubled. Imposition of a double fee under this subsection shall be in addition to any monetary forfeiture or other penalty under this Ordinance and shall not be a bar to prosecution or pursuit of other legal remedies by the City.
2. If work authorized under a permit has not been completed within six (6) months after date of issuance, the permit shall become null and void.
(d) Urban Design Commission Fees.
1. Comprehensive Design Review.
a. Initial Comprehensive Design Review application: Five-hundred dollars ($500).
b. Application for a change to a Comprehensive Sign Plan under Sec. 31.043(4)(d) that cannot be approved by the Zoning Administrator as a minor change: Five-hundred dollars ($500).
c. Application for a change to a Comprehensive Sign Plan under Sec. 31.043(4)(d) that can be administratively approved by the Zoning Administrator as a minor change: One-hundred dollars ($100).
2. The fee for all other applications to the Urban Design Commission under this ordinance Ordinance, including appeals from the decisions of the Zoning Administrator, requests for approvals in height, area, and setback, and Additional Sign Code Approvals, shall be three-hundred dollars ($300) payable to the City Treasurer.
(e) Sign Erector's License - See Sec. 31.042.
(4) Issuance of Sign Permit, Duration. It shall be the duty of the Zoning Administrator upon the filing of an receipt of a completed application for permit to promptly examine the application materials such plans and specifications and other data and, if deemed necessary by the Zoning Administrator, to inspect the premises upon which the proposed sign is to be erected, and if the proposed sign is in compliance with all the requirements of this Ordinance and any other applicable laws, he/she shall promptly issue the appropriate permit upon payment of the appropriate permit fee(s) herein. If work authorized under a permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. (Reserved)
(5) Denial of Permit for Unpaid Fees, etc. The Zoning Administrator may refuse to issue a sign permit to any permittee or owner who has failed to pay costs assessed for removal of a hazardous sign under Sec. 31.041(1), or failed to comply with a court order to pay a forfeiture for a violation of this Ordinance, or failure to pay other unpaid civil judgment arising out of a violation of this Ordinance. If the Zoning Administrator denies a permit under this paragraph, s/he they shall provide written notice to the applicant of the denial, the reason, a description of the unpaid cost, forfeiture or judgment. The permit shall be issued upon proof of payment of the costs, fees, forfeiture or judgment in question. Proof of payment of a docketed civil judgment shall be in the form of a satisfaction of judgment.
(6) All rights and privileges acquired under the provisions of this ordinance or any amendment thereto, are mere permits, revocable at any time by the Zoning Administrator, and all such applications shall contain this provision. Appeal. A person aggrieved by a final decision of the Zoning Administrator on an application for a sign permit under this section may appeal the decision under sec. 31.043(1), Zoning Administrator Appeals.