A.
The purpose of this article is to provide for and regulate the design,
location, and safe construction of signs in a manner to ensure that
all signs are compatible with surrounding land uses, are well maintained,
and express the identity of individual proprietors and the City as
a whole. All sign permits, unless otherwise specified, shall be applied
for on forms provided by the Public Works and Development Department
and approved by Planning Division staff and/or the Plan Commission.
B.
In considering a sign application, staff shall consider requirements
of the City's General Design Guide and the following:
(1)
The proposed content;
(2)
The appearance, material for construction, location, lighting,
height and size of the sign;
(3)
Safety of operators of vehicles upon the adjoining streets and
highways;
(4)
The effect of the sign on property values within the immediate
area;
(5)
The effect of such sign with respect to the scenic beauty of
the vicinity in which the sign is proposed to be located;
(6)
The effect of such sign and its content with respect to enforcing
state laws and county and City ordinances;
(7)
The effect of the sign with respect to the danger to human life
because of falling or combustibility;
(8)
The effect of the sign and content with respect to the prevention
of crime; and
(9)
The effect of such sign and display with respect to the general
welfare, morals, and the conserving of the taxable value of lands
and buildings located within the City and in the immediate area adjacent
to the proposed location of the sign.
A.
In any district no sign shall be permitted except as is hereinafter
specified by the regulations for that district, or as otherwise regulated
in this article. All signs shall also meet all applicable structural
and electrical requirements of local and state building and electrical
codes.
B.
Signs for conditional uses. Subject to the regulations set forth in Article XIV, signs appropriate to be a permitted conditional use or uses may be permitted as determined by the Plan Commission notwithstanding limitations in the basic district to the contrary. In establishing the size and locational requirements, the Plan Commission shall be guided by the requirements imposed for similar uses in any of the basic districts.
The following modifications shall not require a sign permit.
These exceptions shall not be construed as relieving the owner of
the sign from the responsibility for its erection and maintenance
and its compliance with the provisions of this chapter or any other
law or code regulating the same.
A.
The changing of the advertising copy or message on a painted, printed,
or changeable copy sign.
B.
Painting, repainting, or cleaning of an advertising structure or
the changing of the advertising copy or message thereon shall not
be considered an erection or alteration which requires a sign permit
unless a structural change is made.
C.
All residential signs permitted by right in this chapter.
The following signs may be erected and maintained without permits,
provided that they do not constitute a hazard or nuisance:
A.
Political signs. Political signs may be erected in any district,
provided they are not a danger to life or property, are located on
property with the permission of the property owner, and shall be limited
to 32 square feet in size.
[Amended 11-17-2021 by Ord. No. 1466]
B.
On-site informational signs. On-site informational signs of reasonable
size and necessity shall be permitted and shall be determined by the
Plan Commission with the exception of signs addressed by Title III
of the Americans with Disabilities Act (ADA), Section 4:30.
C.
On-premises real estate sale and rental signs. In residential districts,
said signs are limited to 12 square feet and one sign per street frontage,
and in all other districts said signs are limited to 32 square feet.
All real estate signs shall be removed upon sale of the property.
Permanent on-site rental signs shall be limited to four square feet.
No such sign shall be placed within the ultimate right-of-way of any
street or highway.
D.
Off-premises real estate sale and rental signs. Off-premises real
estate directional signs are limited to no more than three off-premises
directional signs per residential, agricultural or business property
offered for sale. Such signs shall be displayed in accordance with
all applicable regulations, and written permission of the property
owner on whose property the sign is located shall be obtained prior
to display. No such sign shall be placed within the ultimate right-of-way
of any street or highway. Such signs shall be limited to a maximum
of six square feet in size.
E.
Public agency signs. Signs conveying governmental readings that are
erected by national, state, county or municipal governmental agencies,
including traffic and informational signs.
F.
Residential nameplates. Residential nameplates identifying owners
or occupants, provided that no more than two are erected, each being
less than two square feet in area. Home occupation/residential business
signs shall be counted in this numerical and size limitation.
G.
Agricultural produce sale signs. Agricultural produce sale signs
are allowed as part of an agricultural road sale use and are limited
to 64 square feet in area.
H.
Interior and inside window signs. Signs installed inside a building
whether intended for viewing from inside or outside the building are
permitted without limitation as to size or number.
I.
Memorial signs and tablets. Memorial signs, tablets, names of buildings
and dates of erection when cut into any masonry surface or when constructed
of metal and affixed flat against the building.
J.
Construction signs. One construction sign per commercial or industrial
construction project not exceeding 64 square feet in sign area, provided
that such sign may be erected upon issuance of a valid building permit,
shall be confined to the site of construction, and shall be removed
upon issuance of a valid occupancy permit.
K.
Flags. The flags, emblems or insignia of any nation or subdivision
or single corporate flag. Pennants, banners and streamers shall not
qualify as flags and require temporary sign approval.
L.
Holiday decorations. Signs of a primarily decorative nature, clearly
incidental and customary and commonly associated with any national,
local or religious holiday; shall not be displayed for a period of
more than 120 consecutive days.
M.
Inflatable advertising. One such display, per property, shall be
permitted for a period of time approved by the Plan Commission and/or
the Public Works and Development Department, but not to exceed eight
consecutive weeks, provided that the display is located outside all
vision triangles and does not constitute a public nuisance.
N.
Price and temporary item signs. Price and temporary item signs are
permitted up to 12 square feet in area for each sign, provided that
the signs are not illuminated and no more than two signs per street
frontage are erected on the property and the signs are no closer than
five feet to the property lines. The square footage of the signs may
not be combined to create one message totaling 24 square feet per
street frontage. A twelve-square-foot sandwich board sign is an example
of a price and temporary item sign. Said signs shall be removed at
the close of business each day.[1]
O.
Signs not visible from a public right-of-way.
[Amended 2-4-2010 by Ord. No. 1311]
No sign shall be placed within the ultimate right-of-way of
any street or highway. The only exemptions to this are City gateway/directional
signage and community event signs that are approved by the Public
Works and Development Department in advance, are determined not to
hamper safety, and are erected for a specific temporary period of
time. The prohibition hereunder extends to trees, utility poles, fence
posts, stakes, and all other structures on which signs might be posted
or placed, except political signs installed or placed on motor vehicles.
Any sign violating this section may be summarily removed by the Public
Works and Development Director or his designee.
A.
Hazards and nuisances. No sign which creates a hazard or dangerous
distraction to vehicular traffic or a nuisance to adjoining property
in the following ways shall be permitted in any district:
(1)
No sign shall be placed so as to obstruct or interfere with
traffic visibility nor in such a way as to cause glare or impair driver
visibility upon public ways.
(2)
No sign shall be lighted or flashing in such a way as to cause
glare or impair driver visibility upon public ways or adjacent properties.
Signs shall be internally illuminated wherever possible. If external
illumination is approved, the fixture shall be mounted on a permanent
unmovable base and the neck soldered so as to prevent the fixtures
from being tampered with or redirected.
(3)
No sign shall rotate or have or be illuminated by moving or flashing lights, except electronically controlled intermittent lights that are permitted subject to approval by the Plan Commission under § 400-181C, subject to their size not exceeding 25% of the area of the combined square footage for both the electronic sign and main identification sign.
[Amended 4-18-2013 by Ord. No. 1371]
(4)
No sign shall resemble, imitate or approximate the shape, size,
form or color of railroad or traffic signs, signals, or devices or
obstruct or interfere with the effectiveness so as to prevent free
ingress to and egress from any door, window, or fire escape.
(5)
No sign or any part thereof or sign anchors, braces, or guide
rods shall be attached, fastened, or anchored to any fire escape,
fire ladder, or standpipe, and no such sign or any part of any such
sign or any anchor, brace, or guide rod shall be erected, put up,
relocated, or maintained so as to hinder or prevent free ingress or
egress through any door, doorway, window, or fire escape or so as
to hinder or prevent the raising or placing of ladders against such
building by the Fire Department of the City, as necessity therefor
may require.
(6)
No person shall display upon any sign or other sign structure
any obscene, indecent, or immoral matter.
B.
Nonaccessory signs. No sign not directly related to the use of the
premises in which it is located, except directional signs as herein
provided, shall be permitted in any district. Signs showing time,
temperature and similar information not related to the premises are
permitted but must be counted as part of the allowable sign area.
C.
Pole signs. New pole signs are prohibited as signage type and sizes
allowed by this code are sufficient for all developments.
D.
Roof signs. Signs whose lowest point is visually separate from and
above the highest point of the roof are prohibited. Signs on the face
of mansard or gable end shall be considered wall signs. No sign, or
any portion thereof, shall be installed on or above the parapet of
a flat roof.
E.
Abandoned signs. Abandoned signs are prohibited and shall be removed
as follows. The Zoning Administrator shall give notice to the subject
property owner requiring that the sign be removed. The notice shall
advise the property owner that the sign must be removed within 20
days from the date of the notice, unless the property owner files
a request for an extension with the Plan Commission within that twenty-day
period. Thereafter, the sign must be removed prior to expiration of
the twenty-day-notice period or, if a request for extension is timely
filed with the Plan Commission and the Plan Commission denies the
request, the sign must be removed within 20 days of the denial, or
if a request for extension is timely filed with the Plan Commission
and the Plan Commission grants the request, the sign must be removed
prior to expiration of any extension granted. Failure to remove an
abandoned sign as required herein shall be subject to all of the penalties
and remedies described in this chapter.
F.
Parking of advertising vehicles prohibited. No person shall park
any vehicle or trailer on a public right-of-way or public property
or on private property so as to be visible from a public right-of-way
which has attached thereto or located thereon any sign or advertising
device for the sole purpose of providing advertisement of products
or directing people to a business or activity located on the same
or nearby property or any premises. This subsection is not intended
to prohibit any form of vehicular signage, such as a sign attached
to a bus or lettered on a motor vehicle, nor is this subsection intended
to prohibit the advertising of personally owned vehicles offered for
sale from the private property of the vehicle owner or owner's immediate
family.
No sign shall hereafter be erected, re-erected at a new location, constructed, altered or maintained except as provided by this chapter (see § 400-176 for exceptions) and an approval and a permit for the same have been issued by the Public Works and Development Director or designee and/or the Plan Commission (when applicable), City Engineer, or their designee, unless otherwise specified in § 400-180 of this code.
A.
A separate permit shall be required for a sign or signs for each
business entity and/or a separate permit for each group of signs on
a single supporting sign structure.
B.
Electrical permits shall be obtained from the Building Inspection
Division for illuminated signs.
C.
Application for sign approvals and permits will be made in writing
upon forms furnished by the Public Works and Development Department
(for approvals) and the Building Inspection Division (for permits).
Such applications shall contain, but not be limited to:
(1)
Name, address, and telephone number of the applicant and the
property owner and location of the building, structure, or lot upon
which the sign is to be attached or erected.
(2)
Name of person, firm, corporation, or association erecting the
sign.
(3)
Written consent of the owner or lessee of the building, structure,
or land to which or upon which the sign is to be affixed.
(4)
A scaled drawing of such sign indicating the dimensions, the
materials to be used, the type of illumination, if any, and the method
of construction and attachment.
(5)
A scaled colored copy of the proposed sign showing the exact
color scheme is required. Staff may require that a superimposed rendering
of the site with the proposed sign(s) be submitted on a disk (PDF
file, JPEG, TIF, GIF format).
(6)
A scaled site plan indicating the location and position of such
sign in relation to nearby buildings or structures or public streets
and rights-of-way.
(7)
A landscape plan for the sign base (freestanding and ground signs) that meets the requirements as outlined in Article IV.
(8)
The City Engineer may require the filing of plans or other pertinent information where in his opinion such information is necessary to ensure compliance with building and electrical requirements as specified in Chapter 164, Construction Standards, of the City Code. Standard plans may be filed with the Building Inspection Division.
(9)
Fees. The applicant shall pay all applicable fees. The fee schedule
is on file with the Public Works and Development Department. If a
sign is erected before a permit is issued, the violator may be assessed
a double fee for the sign permit.
(10)
Additional information as required by the Public Works and Development
Department or City Plan Commission.
A.
Sign size. The size of a sign shall be in proportion and coordinate
with the building and site on which it is located; however, in no
case shall the sign exceed the maximum size allowed by this article.
B.
Number of signs. Any number of signs may be permitted as long as
the signs proposed are in proportion and coordinate with the building
on the site they are located upon. The only exception is that a business
must only have one form of wall signage. (A business must choose between
having a wall sign or a projecting sign on an individual facade to
avoid disorder.) Further, all signs proposed must meet the locational
and size requirements of this code. Businesses on corners may utilize
their multiple frontages to combine square footage for one sign. Businesses
may otherwise have one sign per frontage as long as each sign meets
the square footage requirements for each frontage.
C.
Setbacks and offsets. All signs shall conform to the setback and offset requirements outlined in the Table of Dimensional Requirements, per Subsection F(3).
(1)
Ground signs may be installed at the base setback line with
a height not to exceed seven feet as measured from grade.
(2)
Existing pole signs in the base setback area may be altered
subject to the approval of the Plan Commission.
(3)
No sign shall be located within a vision corner triangle unless
it is determined that the sign will not affect safety.
(4)
All overhanging sign parts and the sign base shall be located
on the property and behind the right-of-way.
(5)
All signs shall be constructed/erected on the business property.
D.
Construction standards. All signs or similar advertising structures
shall be governed in their erection and maintenance by the Building
Code of the City. No sign or similar advertising media shall be erected
without a permit as required in this chapter and the Building Code.[1]
E.
Height. No freestanding or wall sign shall exceed the height as measured from grade and as hereinafter specified by the regulations of the district in which it is located and as summarized in the Table of Dimensional Requirements, per Subsection F(3). In no case shall the highest point of any sign extend above the highest point of the eave line of the building which houses the business for which the subject sign advertises unless otherwise approved by the Plan Commission.
F.
Area. No freestanding or wall sign shall exceed the height as hereinafter specified by the regulations of the district in which it is located and as summarized in the Table of Dimensional Requirements, per Subsection F(3).
[Amended 4-19-2013 by Ord. No. 1371]
(1)
Basic sign (how calculated). The area of a sign is the area
encompassing the smallest rectangle that comprises the sign face.
Further, the area of a sign shall include any artwork and insignia
within a single continuous perimeter, including any spacing between
letters, figures, designs, and structure of the sign other than the
sign base, together with any frame or other material, color, or condition
which forms an integral part of the display and is used to differentiate
such sign from the wall or background against which it is placed.
(a)
For a freestanding sign, the definition of sign area does not
include the perimeter architectural embellishments, base structure,
and details such as decorative columns and caps, although other ornamental
attachments are to be included in determining sign area.
 |
(b)
When the sign only consists of letters, designs, or figures
engraved, painted, projected, or fixed on a building or perimeter
wall, the total area of the sign shall be the area of the smallest
rectangle within which the entire fixed lettering and/or artwork is
inscribed.
 |
(c)
All sides of a sign visible from any one location shall be measured
in determining the area of the sign, except that only one side of
a sign shall be measured if the two sides are back to back or separated
by an angle of 45° or less. If the two sides are not of equal
size, the larger side shall be measured. A back-to-back sign shall
have parallel faces, separated by not more than two feet.
(d)
This area does not include the main supporting sign structure,
but other ornamental attachments are to be included in determining
sign area.
(2)
Reader board sign (how calculated).
(a)
Reader board sign (including electronically controlled signs)
shall not exceed 25% of the area of the main identification sign and
is to be part of the main identification sign face, a separate face
mounted on the same structure as the main identification sign, or
mounted on the building. In any case, such a sign is in the total
allowable square footage calculation for all signage at a specific
location as it applies to wall, projecting and freestanding signage.
The height of the letters installed on said signs shall conform to
the values outlined in the table below. Size specifications as herein
described shall not apply to signs associated with theaters, churches,
schools, government and other nonprofit related services, clubs, and
organizations except to the extent as allowed by the Plan Commission
and as regulated by the specific zoning district in which they are
located.
[Amended 4-19-2013 by Ord. No. 1371]
(b)
Table of Reader Board Copy Size Height Requirements. The height
of the letters installed on signs shall conform to the minimum values
outlined below:
|
Posted Roadway Speed Limit
| ||||||
|---|---|---|---|---|---|---|
|
Distance From Center Line to Ultimate Right-of-Way
|
30 mph
|
35 mph
|
40 mph
|
45 mph
|
50 mph
| |
|
40'
|
4"
|
4"
|
4"
|
6"
|
6"
| |
|
50'
|
4"
|
6"
|
6"
|
6"
|
6"
| |
|
60'
|
6"
|
6"
|
6"
|
9"
|
9"
| |
|
100'
|
9"
|
9"
|
9"
|
9"
|
9"
| |
(3)
Table of Sign Dimensional Requirements.
[Amended 2-4-2010 by Ord.
No. 1311[2]]
|
Zoning District
|
Wall Signs
(% of wall area)
|
Projecting Signs
(maximum square footage)
|
Freestanding Signs
(base square footage amount shown)*
|
Offset (side yard)
(feet)
|
Required Setback
|
Maximum Monument Sign Height
(feet)
| |
|---|---|---|---|---|---|---|---|
|
B-1, BL-1 and BL-2
|
3%
|
35
|
10
|
3
|
See Note 4
|
20
| |
|
B-2 and B-3
|
5%
|
55
|
30
|
3
|
See Note 4
|
20
| |
|
B-4
|
5%
|
55
|
30
|
3
|
See Note 4
|
20 to 30 (See Note 5)
| |
|
HC-1 and DR-1
|
5%
|
55
|
30
|
3
|
See Note 4
|
20
| |
|
BP-1, BP-2 and BP-3
|
3%
|
55
|
30
|
3
|
See Note 4
|
20
| |
|
M-1, M-2 and M-3
|
5%
|
35
|
30
|
3
|
See Note 4
|
20
| |
|
I-1
|
3%
|
35
|
10
|
3
|
See Note 4
|
20
|
|
*
|
See Notes 1, 2 and 3 for additional allowed square
footage.
|
|
NOTES:
| |||
|
1.
|
Square footage may be increased at a rate of one square
foot for each additional 10 feet of lot frontage, after the first
50 feet of frontage, up to 300 feet of frontage. In addition, square
footage may be increased by one square foot for every two feet additional
setback up from the required setback to a maximum of a forty-foot
setback from the base setback line.
| ||
|
2.
|
Square footage may be increased from the value found in Note 1 above a maximum of 20% for all freestanding signs located on properties abutting major rural arterial streets, and if said streets become urban arterials, said signs shall be deemed to be legal nonconforming pursuant to Article VI.
| ||
|
3.
|
The total area of freestanding signs may be increased
from the value found in Notes 1 and 2 above by the percent listed
here if applicable:
| ||
|
Distance of Property from Center Line to Ultimate
Right-of-Way
(feet)
|
Sign Area Adjustment
| ||
|
40 or less
|
0%
| ||
|
50
|
+10%
| ||
|
60
|
+15%
| ||
|
100 or more
|
+20%
| ||
|
4.
|
Freestanding signs may be located with zero foot setback
from the setback line if seven feet in height or less.
| ||
|
5.
|
Height may be increased to the second number at the
rate of one foot for every two feet additional setback from the required
setback.
| ||
A.
Existing signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued even if the use, size or location does not conform to the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of Article VI of this chapter shall apply to specific nonconforming rights. Any legal nonconforming sign hereafter relocated, moved, damaged, reconstructed, extended, enlarged, changed (including changing the sign face), altered, or modified shall be made to comply with the provisions of this chapter, except as provided in § 400-34 of this chapter. By maintaining a sign in the established right-of-way of an adjoining street or highway, the owner does so at his own risk, and no damages will be awarded if removal is required for public use or safety or right-of-way acquisition.[1]
B.
Marquee and canopy signs. Marquee and canopy signs affixed flat to
the surface of a marquee or canopy are permitted in lieu of a wall
sign, provided that the sign does not extend vertically or horizontally
beyond the limits of such marquee, awning, or canopy. A marquee or
canopy may extend up to 12 feet beyond the building to which it is
affixed but shall not extend into a required front yard, side yard,
or rear yard, nor shall it extend closer than one foot to the vertical
plane formed by the curbline in a shopping center. A name sign not
exceeding two square feet in area located immediately in front of
the entrance to an establishment may be suspended from a marquee or
canopy, provided that the name sign is at least eight feet above the
sidewalk.
C.
Time/temperature and LED devices. Time and temperature and LED devices may be erected as wall signs or part of ground and monument signs and shall meet the requirements attendant to those sign types. Time and temperature and LED devices may display the time, the temperature, activities occurring on the premises, and public events. The signs may change messages or time/temperature every three seconds. Continual scrolling of messages is not allowed. The requirements of § 400-178 also apply. Colors and intensity of LED signage are under the sole discretion of the Plan Commission. LED specifications must be included as part of submittal if intended to be used.
[Amended 4-18-2013 by Ord. No. 1371]
D.
Directional signs.
(1)
A sign not to exceed six square feet in area indicating direction
to a church, hospital, school or other public service building may
be permitted in any district upon approval by the Plan Commission.
Further, said sign may be permitted in the public right-of-way subject
to the approval of the Public Works and Safety Committee and Waukesha
County (if applicable). Not more than four such signs may be erected
within the City for any business or organization.
(2)
A sign, not to exceed 12 square feet in area, for the purpose
of directing patrons or attendants to an establishment off the main
traveled highway for service clubs, churches, or other nonprofit organizations
may be permitted in any district other than a residential district
upon approval of the Plan Commission. Further, said sign may be permitted
in the public right-of-way subject to the approval of the Public Works
and Safety Committee and Waukesha County (if applicable).
(3)
Signs not to exceed 30 square feet for service clubs, churches or other nonprofit organizations may be permitted in any district, upon approval of the Plan Commission, provided that the sign is designed with a substantial landscape base area as defined in Article XXII of this code and illumination on each side is limited to exterior lighting not exceeding 75 watts per 15 square feet of sign area. Further, said sign may be permitted in the public right-of-way subject to the approval of the Public Works and Safety Committee and Waukesha County (if applicable).
(4)
A sign not exceeding two square feet in total nonilluminated
copy area (two sides of copy permitted), only for the display of local
religious and/or civic organization directional signage, may be permitted
in the public right-of-way subject to the approval of the Public Works
and Safety Committee and Waukesha County (if applicable). Four such
signs per organization may be erected in the City at any intersection
of an arterial and/or collector highway in any zoning district, and
all signs must be located within a two-mile radius of the organization.
Four such signs per intersection shall be permitted. An individual
organization may have one such sign per intersection and shall be
responsible for all costs of maintenance and removal of the structure.
Such a sign shall not:
E.
For existing off-premises directional signage associated with existing
businesses located in excess of 1,000 feet from a collector or arterial,
and when said signage is threatened with relocation or removal as
a result of development or redevelopment pressures, such signage may
be allowed to be relocated subject to approval by the Plan Commission.
As criteria for approval, the Plan Commission considerations shall
include but not be limited to:
(1)
Site suitability as related to compatibility with proposed surroundings.
(2)
Structural quality and durability.
(3)
Conformance with current design standards, possibility of detriment
to area property values, and public safety.
(4)
Landscaping provided at the base of the sign.
(5)
Size shall be limited to 24 square feet in area and nine feet
in height above grade.
F.
Institutional signs. A sign not exceeding 15 square feet in area
giving the name and nature of occupancy and information as to the
conditions of use or admission may be permitted at each entrance to
the grounds or buildings of a private institution, provided that the
approval of the Plan Commission is first obtained and that each such
sign will not create a traffic hazard, is aesthetically in keeping
with the character of the neighborhood and will not cause a depreciation
of property values in the adjoining neighborhood.
G.
Quasi-public informational signs.
(1)
Noncommercial permanent signs of a general informational nature
such as community welcome, safety warning, or other similar nature
not to exceed 80 square feet in area may be erected by service clubs
or other nonprofit organizations upon approval of the Plan Commission
of the location, size and appearance of such sign. Any such sign may
have direct constant illumination.
(2)
No more than three noncommercial temporary signs or one temporary
portable sign used for the sole purpose of advertising a special club
or community event not to exceed 32 square feet (each) in area may
be erected by service clubs or other nonprofit organizations for a
single event. No such sign(s) shall be erected until a building permit
is obtained from the Building Inspection Division. The permit applicant
must be a Muskego resident. There will be no fee charged for said
permit, and the conditions of the permit shall stipulate that no more
than three signs are permitted for any single event, the maximum period
a sign is to be located and that any such sign may have direct constant
illumination. There shall be no limit to directional signs; however,
no such sign shall exceed nine square feet.
H.
Residential neighborhood signs. Signs limited to identifying the
name of the neighborhood area such as a subdivision or housing development
and limited to 12 square feet in area may be permitted at each entrance
to the area, provided that the approval of the Plan Commission is
first obtained and that each such sign will not create a traffic hazard,
is aesthetically in keeping with the character of the neighborhood,
and will not cause a depreciation of property values in the adjoining
neighborhood. Such sign that is designed either as an integral part
of the architecture of a building or as part of a landscape architectural
feature such as a wall shall be permitted without limitation as to
size if the Commission determines that the foregoing standards would
be met.
I.
Shopping center/project signs. A sign identifying a shopping center
or grouping of stores in excess of 50,000 square feet in area may
be permitted with the approval of the Plan Commission by the modification
of the regulations of the district in which it is located applicable
to the height, size and location of such sign consistent with the
spirit and intent of the regulations in that district.
J.
Scoreboards. Upon approval by the Plan Commission, a scoreboard is allowed in the I-1 Government and Institutional District, PI-1 Parks and Recreation District or at an approved outdoor recreational facility, as designated in Article XX, subject to the requirements of § 400-21. Scoreboards are exempt from the reader board sign size limits of § 400-180F(2). The size, height and location of a scoreboard is subject to Plan Commission approval. The Plan Commission will give special consideration to screening from right-of-way and neighboring residential uses; motion, videos and flashing; and audio/noise emanating from the scoreboard or system mounted to the scoreboard. The Plan Commission can also consider sponsorship advertising on the face of the scoreboard, the rear of the scoreboard or the scoreboard structure itself if there is a defined plan outlining the sizes, quantity and design.
[Added 3-18-2020 by Ord.
No. 1442]
A.
A sign for the purpose of designating a new building or development,
for promotion of a subdivision, for announcement of a special event,
or for similar special informational purpose may be permitted for
a limited period of time in any district with the approval of the
Public Works and Development Department (or the Plan Commission if
proposal warrants, subject to Public Works and Development Department
discretion) and subject to the following:
(1)
Drawings or sketch drawn to scale showing the specific design,
appearance and location of the sign shall be submitted to the Plan
Commission for approval.
(2)
The permitted size and location of any such sign shall be at
the discretion of the Plan Commission based upon the character of
the area, the type and purpose of the sign and the length of time
permitted. However, in no case shall the size of the sign exceed 64
square feet.
(3)
The sign is to be located on the premises involved and such
sign may be permitted for a period up to one year and extension may
be permitted for six-month intervals with Plan Commission approval
until such time as 75% of development has occurred.
(4)
Where the sign is not to be located on the premises involved,
such sign may be permitted for a period up to nine months and extension
may be permitted for six-month intervals with Plan Commission approval
until such time as 75% of development has occurred.
B.
Upon approval of the Public Works and Development Director or designee,
a sign such as a banner, changeable copy sign, sandwich board over
12 square feet, etc., for the purpose of announcing a special event
or sale, or for a similar special informational purpose, may be permitted
for a maximum of 15 days at a time. All temporary signs require a
sign permit through the Public Works and Development Department before
they can be placed on a site. Temporary signs of this nature can only
be approved on a single property up to five times a calendar year.
If the property is occupied by only one business, then only one temporary
sign is allowed at a time. If the property contains multiple tenants,
then no more than two temporary signs can be allowed at one time.
Each business/tenant is allowed its own fifteen-day duration up to
five times a year. If a property has a permanent changeable copy sign
on site, then an additional temporary changeable copy sign is not
allowed at any time.
[Amended 4-18-2013 by Ord. No. 1371]
(1)
Drawing and/or sketch drawn to scale showing the specific design,
physical and electrical installation plan, appearance, and location
of the sign shall be submitted to the Public Works and Development
Director or designee for approval.
(2)
The permitted size of any temporary sign shall not exceed 64
square feet.
(3)
Where the sign is to contain electrical service, it shall contain
a recognized testing laboratory label such as the Underwriters' Laboratories,
Inc., and a ground fault interrupter device (GFI) and meet applicable
provisions of the City Electrical Code, including the issuance of
an electrical permit therefor. Installations exposed to potential
wind damage shall be made secure with methods as enumerated in the
City Building Code.[1]
A.
All applications for sign permits shall be reviewed initially by
the Public Works and Development Director, or his designee, who may
issue permits for temporary or permanent signs and such other signs
which, pursuant to this chapter, can be issued without review by the
Plan Commission. The Public Works and Development Director or designee
shall have the authority to deny such permits if the proposed signs
do not comport with the requirements of this article.
B.
Should the Public Works and Development Director or designee conclude,
in his discretion, that the Plan Commission should review an application
for a sign permit, or should this article require such review for
a particular sign, the application will be forwarded to the Plan Commission
for review at its next regularly scheduled meeting subject to receipt
of a full submittal. The Plan Commission may vote to recommend approval
or disapproval of the application based on the following factors:
(1)
The exterior architectural presentation and functional plan
of the proposed sign will be not so at variance with or so similar
to the exterior architectural presentation and functional plan of
signs already constructed or in the course of construction in the
area, or so out of harmony with the area, as to potentially contribute
to substantial depreciation in the property values of the area.
(2)
The proposed sign conforms to the location, size and style requirements
set forth in this article.
(4)
The proposed sign shares similar architectural or building material
features of the principal building.
(5)
The proposed sign meets the design guidelines for the area erected.
C.
The Plan Commission may establish guidelines which further define
and interpret this article. Those guidelines, if any, shall be made
available to all applicants.
D.
Upon approval or disapproval of a sign application by the Plan Commission,
the application shall be returned to the Public Works and Development
Director or designee, who shall issue approved permits or notify applicants
of disapproval of their application and the reasons therefor.
E.
Whether a sign is approved administratively or by the Plan Commission,
a building permit may also be required along with related fees. Building
permits are required when the sign has structural implications. All
signs with electrical wiring will also require an electrical permit
and accompanying inspections.
A master coordinated sign plan shall be developed and submitted
for any building that has two or more tenants. The intent of the overall
coordinated sign plan is to set forth a theme for the placement, lettering
style, color, construction, material and related design considerations
of signs, while at the same time minimizing sign confusion and clutter.
All multi-tenant buildings shall be required to submit an overall
coordinated sign plan when applying for signage.
All signs for which an approval and permit are required shall
be subject to inspection by the Zoning Administrator, the Administrator's
designee, and/or City Engineer. Footing inspections may be required
for all signs having footings. The City Engineer, or Zoning Administrator
upon notification by the City Engineer, may order the removal of any
sign that is not maintained in accordance with the provisions of this
chapter.
A.
No sign shall advertise a business that is in violation of this chapter
or for which no zoning, occupancy and/or building permit has been
issued. If the Director or his designee finds that any sign or other
display structure regulated herein has been constructed or erected
or is being maintained in violation of this chapter, the sign will
be removed by the Director or his designee. Any sign located in a
City of Muskego right-of-way or advertising events not located within
the City may be removed immediately without notice.
B.
Unsafe or hazardous signs. Any sign which is hereinafter found to
be unsafe or insecure, or is a menace to the public, or by reason
of its location creates a traffic hazard, or is dangerous to persons
and property, as determined by the Director, his designee, the City
Police Department or the Public Works and Development Department,
shall be removed, except for those on private property.
C.
Abandoned signs. Any sign which does not advertise a bona fide business
or product sold, or which is dilapidated or out of repair, shall be
removed by the property owner.
D.
Maintenance. If the sign owner violates the maintenance requirements
of this chapter, the sign shall be removed by the property owner.
All signs, together with all of their supports, braces, guys,
and anchors, shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or
posted at all times. The owner of any sign shall keep it in good maintenance
and repair, which includes restoring, repainting to the same color,
or replacement of a worn or damaged legally existing sign to its original
condition. The owner shall also maintain the premises on which the
sign is erected in a clean, sanitary, and inoffensive condition, free
and clear of all obnoxious substances, rubbish, weeds, and grass.
A business or property that has signage that does not meet the
requirements of the current Sign Code shall be required to bring all
signage into compliance when it applies for any signage on the property.
Any person feeling himself aggrieved by any order or ruling of the Plan Commission, Public Works and Development Director or designee, Zoning Administrator or City Engineer may appeal such ruling, conditioned on the case's ripeness, to the Zoning Board of Appeals within 20 days after written notice of such ruling shall have been delivered to him. Such appeal is to be filed in accordance with procedures as outlined in Article III of this chapter, in writing, setting forth the order appealed from and the respects in which said person feeling himself aggrieved claims that said order or filing is erroneous or illegal. Said notice of appeal shall be filed with the Public Works and Development Department, which shall thereupon notify the Public Works and Development Director or designee and/or City Engineer of said appeal, and the appeal shall be heard at the next available meeting upon submittal of a completed application. The Zoning Board of Appeals, after consideration thereof, shall affirm, reverse or modify said ruling as is just.
