NONCONFORMING SIGNS.
Madison General Ordinances § 31.05
in effect31.05 - NONCONFORMING SIGNS.
As an exercise of its police powers and authority to regulate for the health, safety and welfare of the public, the City recognizes only the following limited and enumerated circumstances under which a sign that does not meet to the requirements of this chapter may continue to be displayed:
(1) (a)
General Rule. Any existing sign (except an Advertising Sign) that complied with the requirements of this Chapter at the time of erection and becomes noncompliant with the requirements of this Chapter on the effective date of this Ordinance or subsequent amendment may continue to be displayed, and copy may be changed, under the following circumstances:
1. There is no increase in gross area, net area, illumination, increase or addition of flashing, movement, or other features or characteristics prohibited by Sec. 31.045 and no addition of features that would violate Sec. 31.046(1) (Electronic Changeable Copy Signs). Existing signs with features fitting the description of any sign prohibited by Sec. 31.045(3)(f), (g), (h), or (i) shall be required to conform to the requirements of those subsections. Existing signs with features fitting the description of Electronic Changeable Copy Signs shall be required to conform to all requirements of Sec. 31.046(1) including but not limited to the applicable time limitations for changing copy or images.
2. (Rep. by ORD-15-00118, 10-28-15)
(b) (Rep. by ORD-15-00118, 10-28-15)
(c) If an existing nonconforming sign is removed (or substantially removed), ordered to be removed under the authority elsewhere in this chapter, destroyed, or otherwise ceases to exist, the sign is no longer subject to the general rule allowing continued display or changes of copy under Sec. 31.05(1)(a) above. This provision does not apply to signs that are realigned under sub. (2)(c) herein.
(d) Existing nonconforming non-residential uses in residential zoned districts are subject to the sign requirements for Group 2 districts.
(2) Nonconforming Advertising Signs.
(a) Any existing advertising sign, and its supporting structure if other than a wall sign, located on any zoning lot with frontage on State Street, on the Inner or Outer Ring or on streets connecting the Inner Ring and Outer Ring, shall be removed by the owner thereof at no cost to the City no later than December 31, 1983. For purposes of this subsection, the term "Inner Ring" shall mean the connecting pattern of streets abutting the Capitol Square, to wit: Main Street, Pinckney Street, Mifflin Street and Carroll Street. The term "Outer Ring" shall mean the connecting pattern of streets one block off the Capitol Square, to wit: Doty Street, Webster Street, Dayton Street and Fairchild Street. All other existing advertising signs within the No Advertising Sign District, except for the Howard Johnson directional bulletin located at 525 University Avenue which may only continue as a directional sign, the two roof signs located at 753 East Washington Avenue and the three ground signs located at 640 Williamson Street, shall be removed by the owner at no cost to the City at the rate of no less than one sign per year beginning in calendar year 1983. However, all such signs shall be removed no later than December 31, 1989.
(b) Any other advertising sign existing as of November 1, 1983, including those excepted from or otherwise not included in the areas set forth in sub. (a) above, may be continued provided that it may not be relocated, replaced, expanded, enlarged, repositioned or raised in height, except under sub. (2)(c). Such existing advertising signs may not be restored or reconstructed for any reason, except if damaged or destroyed by fire or other casualty or act of God, and only if the total cost of restoration to the condition in which it was before the occurrence does not exceed fifty percent (50%) of its assessed value or the cost to replace with a new structure of equal quality, whichever amount is lower. The determination of eligibility for restoration or reconstruction in the preceding sentence shall be made by the Urban Design Commission and any restoration or reconstruction (except realignment under (2)(c) below) without the approval of the Urban Design Commission is prohibited. Violation of this subdivision shall result in the said sign being subject to immediate removal by the owner thereof at no cost to the City. Ordinary repairs or normal maintenance shall be considered "required by law" hereunder.
Construction of a Replacement Advertising Sign with a permit under Sec. 31.112 does not violate the prohibitions in this subsection. A Replacement Advertising Sign under Sec. 31.112 is not an advertising sign as contemplated by this subsection, and therefore not subject to treatment as nonconforming hereunder. (Am. by ORD-15-00069, 6-24-15)
(c) Realignment of Advertising Signs or Other Nonconforming Signs. Notwithstanding anything to the contrary in this ordinance, an existing advertising sign or other sign meeting the criteria of sub. (1)(a) may be realigned, as that term is defined in Wis. Stat. § 84.30(5r)(a), as created by 2011 Wis. Act 32, on the same site if a highway project of the State of Wisconsin Department of Transportation ("Department") causes the realignment, upon notification of proposed alignment by the Department under Wis. Stat. § 84.30(5r), as created by 2011 Wis. Act 32. For purposes of this section, the "same site" means the same lot of record, as defined in Chapter 28, MGO. Such sign may be realigned only if the City does not choose to petition the Department to acquire the sign under the procedures in that statute. A sign realigned under this provision shall not be subject to applicable setback requirements found elsewhere in this ordinance, if in the Zoning Administrator's opinion a shorter setback is necessary to accomplish the realignment. Any advertising sign realigned under this provision shall comply with Sec. 31.11 unless expressly exempt. Realignment of a sign in compliance with this provision shall not cause the sign to lose any nonconforming status granted by this section. The Zoning Administrator shall keep a record of any sign realigned under this provision.
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH31SICOOR_ADGERE_31.05NOSIFetched: 11/1/2026