Fiscal Note
No significant fiscal impact is anticipated.
Title
Amending Sections 31.05(1)(c), 31.05(2)(b), creating Section 31.05(2)(c), amending Sections 31.11(1), 31.11(2)(g) and 31.11(2)(l) of the Madison General Ordinances to authorize the realignment of a billboard or other nonconforming sign that would otherwise have to be removed as a result of a state highway project.
Body
DRAFTER'S ANALYSIS: This ordinance amendment would allow the Zoning Administrator to approve the “realignment” (defined by state law as relocation on the same site) of a billboard or other nonconforming sign that would otherwise have to be removed as a result of a state highway project. Under current city ordinance, all billboards (off-premise advertising signs) are considered nonconforming and cannot be altered or moved.
In 2011 Act 32, the State of Wisconsin created Wis. Stat. § 84.30(5r) which requires the City to pay the state’s cost of condemning a sign or billboard within its jurisdiction that has to be removed for a state highway project, unless the City allows the sign to be relocated on the same site. In order to exercise this option, Sections 31.11 and 31.05 of the City’s current sign ordinance must be amended. If the city doesn’t allow the sign to be “realigned,” the City must petition the state to condemn the sign and then pay the state an amount equal to the condemnation award less relocation costs that would have been paid by the department if the sign had been “realigned” rather than removed. If the City doesn’t pay, the State can reduce the city’s general transportation aid in the same amount.
This ordinance amendment would give the City the option to allow a sign that would have to be removed by a state highway project to be realigned on the same lot of record without losing any nonconforming status granted by Sec. 31.05. This ordinance would allow the Zoning Administrator to waive setback requirements if necessary, and requires a record to be kept of al...
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