Specific information and business signs

Specific information and business signs. (1) Signs permitted. The department may authorize the erection and maintenance of business signs on specific information signs in accordance with s. 86.195 , Stats., subject to the following restrictions: (c) No business sign may be erected or maintained for any business that has a guidance sign under s. Trans 200.03 on the same highway unless the guidance sign is removed before the business sign is erected. (d) When a business sign is erected, any existing motorist service signs for the same services at the same intersection in the same direction shall be removed. (f) Any person permitted to have a business sign shall provide any supplemental signing deemed necessary to guide traffic to the motorist service. Supplemental signing includes ramp signing or other lawful signing. (g) No business sign may be erected or maintained on an exit ramp sign without a corresponding business sign on the specific information sign along the main roadway. A business sign may be erected and maintained on a specific information sign along the main roadway without a corresponding business sign on an exit ramp sign unless deemed necessary by the department to guide traffic to the motorist service. (h) No business sign may be erected or maintained on a freeway for a business that is reached by any other freeway. No business sign may be erected or maintained on an expressway for a business that is reached by any other expressway or by any freeway. No business sign may be erected or maintained on a conventional highway for a business that is reached by any other conventional state trunk highway or by any expressway or freeway. The department may allow exceptions to the restrictions in this paragraph when it deems it necessary to provide motorists with service information. (i) No business sign may be erected or maintained at a location where there is an intersection or interchange on the same highway between the sign location and the intersection or interchange at which the business to which the sign applies is located. This paragraph does not apply to double-exit interchanges. (j) No business sign may be erected or maintained at less than normal spacing in order to accommodate the sign between 2 successive intersections or interchanges. This paragraph does not apply to double-exit interchanges. (k) When there are more business signs requested than the number that may be permitted, the businesses with existing permitted signs shall have priority; then the businesses that are nearest the through federal-aid primary or secondary highway shall have next priority. At double-exit interchanges, the distance shall be measured separately for each pair of double exits, and the shorter distance shall determine priority. (L) Any business sign for a motorist service operated on a seasonal basis shall be removed or covered during off seasons. (m) No business sign, brand, symbol, trademark or any other message may be erected or maintained that resembles any official traffic control device or railroad sign or signal. (n) No business sign may be erected or maintained that does not meet the department’s specifications. (o) No business sign may be erected or maintained that has an objectionable appearance as determined by the department due to vandalism, fading, deterioration or other causes. (p) No business sign may be erected or maintained for a motorist service that does not fulfill the service requirements of s. 86.195 (3) , Stats. (q) No business sign may be erected or maintained by any applicant for the sign. (r) No business sign may be erected or maintained that fails to conform with s. 86.19 , 86.191 , 86.195 or 346.41 , Stats., or rules interpreting and implementing these statutes, as determined by the department. (s) No business sign may be erected or maintained that fails to conform with Wisconsin statutes or federal statutes. (t) No business sign may be erected or maintained in violation of an order of the department or any court of competent jurisdiction. (u) No business sign may be erected or maintained for any business that fails to conform with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin. (v) Sign removal shall not be stayed by filing any appeal of the department’s decision or order to remove a sign. (w) Sign removal shall not affect a sign requestor’s liability for any unpaid fees, interest and costs of collection as determined by the department. (2) Services permitted. The motorist services for which the department may authorize the erection and maintenance of business signs on specific information signs within a highway are limited to “GAS,” “FOOD,” “LODGING,” “CAMPING” or “ATTRACTION” in accordance with s. 86.195 (3) , Stats. (2g) General requirements for “attraction” eligibility. To qualify for display on a specific information sign as an “ATTRACTION,” a business shall meet the following criteria: (a) Have the primary purpose of providing amusement, historical, cultural or leisure activities to the public. (b) Be of regional significance. (c) Provide adequate parking to accommodate normal traffic volumes for the facility. (d) Not be identified on any supplemental signing under sub. (1) (f) or guidance sign on the same route as the specific information sign. (e) Be located within 3 miles of the interchange and have adequate signage to direct motorists to their location after exiting the highway. If no business, facility, or activity in the category of “ATTRACTION” is available or chooses to participate in the specific information sign program within the 3-mile limit, the limit may be extended to a maximum distance of not more than 5 miles from the highway, unless the distance limit for the category of “ATTRACTION” is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law. (f) Comply with laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of service facilities. (g) Have adequate supplemental signage under sub. (1) (f) to direct motorists to their location after exiting the highway. (2r) Advisory council. The advisory council appointed by the department under ss. 15.04 (1) (c) and 15.09 , Stats., for the tourist-oriented directional sign program under s. Trans 200.08 (3) shall also serve as the advisory council to review applications for the display of business signs on specific information signs in the “ATTRACTION” category. The department shall make the final decision on applications. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties. (a) Amusement, historical, cultural or leisure activities. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may consider the following non-exclusive list of business facilities that presumptively provide amusement, historical, cultural or leisure activities to the public: 1. Agri-tourism businesses such as breweries, gardens, cheese factories, vineyards, and wineries. 2. Aquariums, wildlife facilities, wildlife preserves, wildlife sanctuaries, and zoo facilities. 3. Cultural, historic or scientific sites, galleries, halls of fame, museums, and performing arts facilities. 4. Nature or scenic areas such as beaches, gorges, nature facilities, nature preserves, nature sanctuaries, observation points, observation towers, parks, scenic areas, trails, lakes, waterfalls, waterways, and bluffs. 5. Recreation facilities such as amusement parks, casinos, racetracks, speedways, and theme parks. 6. Religious sites or shrines. Religious sites or shrines, typically not including cathedrals, churches, chapels, synagogues, temples, or mosques, and only when the site or shrine is readily recognized regionally. 7. Scenic rides or sightseeing tours such as balloon, boat, helicopter, lift, airplane, train, and trolley rides are more likely to qualify in more rural less densely populated areas or where there is a large selection of such activities in one place. 8. Sport arenas, sport facilities or sport stadiums. 9. Shopping mall, or downtown/business area only if it has a readily regionally recognized and dominant attraction and regionally well-known identifying logo for the mall or downtown/business area and is not better identified by alternative directional signing. (b) Primary purpose. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may consider the following factors to determine whether a business facility has the primary purpose of providing one or more of the above qualifying activities to the public: 1. Percent of business and land area devoted to the eligible activity. 2. Percent of business gross and net revenue derived from the eligible activity. 3. Focus of any business advertising primarily for the eligible activity. 4. Percent of annual attendance attributable to the eligible activity. (c) Regional significance. In making its recommendations regarding whether an applicant’s business qualifies as an “ATTRACTION,” the advisory council may recognize or consider the following in determining whether a business facility has regional significance: 1. Regional significance generally is demonstrated by a market presence or significant public awareness of the attraction beyond the local community. While the concept of regional significance is consistent around the state, the significance of a given attraction should be considered relative to other attractions in the area. Areas of the state that are more heavily tourism oriented and those areas that are more rural and less densely populated may result in different determinations of regional significance. 2. Regionally significant attractions are more likely to be pre-planned ultimate destinations than convenience stops. 3. Annual attendance, typically over 5,000 at minimum, size of geographic market, percent of customers or visitors from beyond 50-mile radius, existence and size of a regional advertising budget, the number of parking spaces, accommodations to handle large groups such as transit or tour bus facilities, the number of seats in performing arts facilities, the percentage of out-of-state plates, the number of hours and days of continuous operations, the availability and number or tours, and the expected contribution to the success of regional tourism may also be considered indicators of regional significance. (d) Changeable electronic signs. Due to spacing requirements, geographic and other limitations on the number of “ATTRACTION” category sign opportunities that may be available, the department may allow changeable electronic sign technology for the specific information sign program to the extent permitted by federal laws and regulations, and subject to the ability to meet contractual and cost provisions acceptable to the department. Changeable electronic signs may serve to make the limited number of spaces available to more “ATTRACTIONS” and other permitted categories. (e) Permissive alternative recommendations when appropriate. If the advisory council recommends against allowing an “ATTRACTION” category sign to an applicant, the council may recommend: 1. Alternative signing under the tourist-oriented directional sign program under s. 86.196 , Stats., and s. Trans 200.08 when appropriate on any highway, other than those designated by the state for the specific information sign program. 2. Alternative directional or destination guide signs authorized by the federal Manual on Uniform Traffic Control Devices 2003 Edition, Revision 1, including Sections 2H.08 and 2H.09 and some parts of Sections 2D and 2E as adopted by the department pursuant to s. 84.02 (4) (e) , Stats., when appropriate, with further explanations and guidance provided in the department’s traffic guidelines manual. Section Trans 200.03 is an additional source of direction for guidance signing. (3) Application and permit renewal procedure. (a)