[Ord. No. 854, § III, 12-20-2011]
Chapter 64 of the Village of Mukwonago Municipal Code establishes minimum standards by regulating the design, area, number, location, construction and maintenance of all signs placed, installed, altered, replaced, relocated or removed within the Village of Mukwonago; except for traffic control signs required by the Village of Mukwonago, Counties of Walworth or Waukesha, or the State of Wisconsin.
[Ord. No. 854, § III, 12-20-2011]
The regulations, controls and provisions of this Chapter 64 are to provide for and regulate the location and safe construction of signs to promote the public safety, area development, preservation of property values and the general welfare of the Village, and are intended to:
(a)
Establish reasonable standards for business, organizations and other
entities to advertise through the use of signs in order to maintain
and encourage business activity and development while continuing a
community wide environment of a Village character as expressed within
the Comprehensive Plan of the Village of Mukwonago that preserves
the wholesome and attractive nature of the Village.
(b)
Ensure that all businesses, organizations and other entities within
the Village have equal opportunity for appropriate identification.
(c)
Avoid uncontrolled proliferation of signs.
(d)
Preserve and protect property values of businesses, organizations,
other properties with appropriate signage, and the values of properties
adjacent to or neighboring properties [of] those properties.
(e)
Lessen congestion of land and air space.
(f)
Aid in traffic control and traffic safety.
(g)
Provide against undue concentrations of signs which can distract
and endanger traffic safety and traffic flow.
(h)
Recognize the rights of the public to safely use roads, streets and
highways without unnecessary visual interference on properties adjacent
to the roads, streets and highways.
[Ord. No. 854, § III, 12-20-2011]
(a)
No sign in the Village shall be hereafter located, erected, reconstructed, extended, enlarged, converted or structurally altered without conforming to the provisions of this Chapter 64.
(b)
Nothing contained herein shall prevent the location, erection, reconstruction,
extension, enlargement, conversion or structural alteration of official
traffic, fire and police signs, signals, devices and markings of the
State of Wisconsin, Counties of Waukesha or Walworth, and the Village
or other public authorities, or the posting of notices required by
law.
[Ord. No. 854, § III, 12-20-2011]
Any sign approved and permitted under prior standards, and which became legal nonconforming under this Chapter 64, shall be replaced and conform to the following standards.
(a)
Ordinance No. 709 adopted by the Village Board on August 19, 2003, required the removal or replacement of any sign that became legal nonconforming with sign standards of Ordinance No. 709. At the time of adoption of this Chapter 64 on December 20, 2011, several signs that became legal nonconforming via Ordinance No. 709 remain legal nonconforming with this Chapter 64 in regards to conversion of a freestanding pole sign to a monument sign. Those signs which became nonconforming on August 19, 2003, and remained nonconforming as of January 1, 2008, shall be removed, or replaced in accordance with the requirements of this article, no later than January 1, 2015.
(b)
Any sign which became legal nonconforming as of the effective date of this Chapter 64 on December 20, 2011, shall be removed or replaced in accordance with the requirements of this Chapter 64 with a change of business or organization owner which the sign advertises, with a change of use of the space of which the sign advertises, or any change to the sign face, sign design or sign structural components, or any physical damage to the sign. Normal sign maintenance or a change of a portion of a sign face for an individual business within a freestanding sign advertising multiple businesses or organizations shall be allowed without any requirement for removal or replacement of the nonconforming sign. The normal change of sign copy on a reader board that is part of an nonconforming sign does not require removal or replacement of the sign.
(d)
Signs which are legal nonconforming shall be kept in good repair. In the event that any such sign is hereafter damaged or altered to any extent, or is removed by any means whatsoever, such sign shall be restored, reconstructed, altered or repaired only to conform with the provisions of this Chapter 64.
[Ord. No. 854, § III, 12-20-2011]
An illegal nonconforming sign shall be removed. An illegal nonconforming sign may include a sign installed without a permit, a sign installed or erected that does not conform to all applicable regulations and standards of this Chapter 64, or a sign specifically prohibited by § 64-13.
(a)
Any illegal nonconforming sign shall be removed in accordance with the process outlined in § 64-39, or shall be immediately removed by the Building Inspector, without notification, if the illegal nonconforming sign poses a public safety hazard.
(b)
Any illegal nonconforming sign not removed by the property owner or sign owner after notification as outlined in § 64-39 shall be removed by the Zoning Administrator, with the cost of such removal charged to the property owner on which the illegal nonconforming sign is located or lack of removal shall be subject to § 64-6.
[Ord. No. 854, § III, 12-20-2011]
Any person, firm or corporation that fails to comply with the
provisions of this chapter shall, upon conviction thereof, forfeit
not less than $50 nor more than $500 and any costs of prosecution
for each violation and, in default of payment of such forfeiture and
costs, shall be imprisoned in the county jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense. If any specific ordinance imposes
a greater penalty, then that ordinance shall govern the amount of
the penalty.
[Ord. No. 854, § III, 12-20-2011]
(b)
If the Village requires that an existing sign be moved, and that sign is legal nonconforming prior to its move, the property owner or sign owner may relocate the sign to a conforming location after issuance of a permit for said sign. Relocation shall occur within the timeframe as specified by this Chapter 64 or as set by the Zoning Administrator or Building Inspector.
(c)
Any orders issued by the Zoning Administrator or Building Inspector
regarding safety or maintenance shall be heeded.
[Ord. No. 854, § III, 12-20-2011]
The following definitions shall apply to words, terms and phrases within this Chapter 64:
A sign which no longer identifies or advertises a bona fide
business, lease, service, owner, product or activity, or for which
no legal owner can be found, and which has no historical significance.
For the purpose of sign regulation in the Village of Mukwonago,
abutting residential shall mean when a sign on a same front, side
or rear of a property that is contiguous to a property used for and
zoned residential, or separated there from only by a nonarterial street,
alley, railroad right-of-way from property used for and zoned residential.
A sign on or along a front or side of a building that is opposite
of the side of a property away from a residential property, although
the property on which the sign is located is abutting residential,
the sign is not considered abutting residential.
A solid color or multi-colored design as part of a wall sign
system having the intent of drawing attention to the sign or providing
a color or colors associated with the business or organization.
For the purpose of sign regulation in the Village of Mukwonago,
the highest finished grade level onto which the sign is attached.
A person who applies for any permit or approval to do anything governed by this Chapter 64 and who has legal standing to apply for a permit or approval on the specific property.
An architectural embellishment covering attached to the outside
of a structure, erected on or over a window or door, typically supported
by a metal frame and covered in a fabric or flexible vinyl product,
or similar flexible durable material. A lighted awning, either internally
or from the exterior, without sign copy is not an awning sign.
A sign that is mounted or painted on or attached to an awning,
canopy or marquee. An awning sign shall conform to standards or wall
signs; however, only the sign copy size and logo size, if displayed,
as determined by the square footage within an imaginary polygon drawn
around the sign, shall count toward the maximum allowed wall sign
square footage for the business. A logo shall not be displayed without
the business name. Display of an address on an awning is not a sign.
A temporary sign with letters, a message, logo or statement advertising a business made of cloth, paper, fabric or another durable flexible material attached to the building in which the business advertised on the banner is located, or securely attached to and between temporary poles located on the same property on which the business advertised on the banner is located. A banner sign shall be either square in dimension or horizontal with the width dimension greater than the height dimension. Any commonly known banner attached to a pole on one side of the banner is considered a flag for the purposes of this Chapter 64.
An outdoor advertising sign or poster panel which advertises products, businesses, and/or services not connected with the site on which the sign is located, which may be a sign on a substantially permanent structure which display services of a type which are customarily leased for commercial purposes. A billboard is prohibited within the Village of Mukwonago pursuant to § 64-13.
A sign that is self-enclosed in a typically square or rectangular
structure with or without internal lighting. A box sign may be either
single faced or double faced, where applicable.
For the purpose of this Chapter 64, the Building Inspector is a person or anyone of a group of persons assigned by the Village Board and/or Village Administrator to regulate and inspect matters of sign installation, maintenance and enforcement in accordance with health and safety standards and codes and issue permits for sign installation when required by this Chapter 64 if the sign complies with health and safety standards and codes for signs. The person or group of persons assigned with building inspection responsibilities from time to time may be assigned the duties of Zoning Administrator, but the duties of each described within this Chapter 64 are separate and distinct.
A sign made of stone or etched in stone, or a plaque, constructed
within a building facade indicating a specialized name of the building,
and not a specific business name or conveying a commercial message.
A type of directory sign that has changeable copy enclosed
in a casement covered by glass, plexiglas or other transparent material.
A bulletin board sign may be permitted in any residential district
provided it is used in conjunction with government functions, churches,
schools or similar institutions. A bulletin board is not a reader
board.
Any of the separate zoning districts within Chapter 100 of the Village of Mukwonago Municipal Code (zoning) that has business as part of the zoning district name and description, normally designated with a "B" and number.
See definition of "reader board."
Individually illuminated letters or graphics of a wall sign;
or if a wood wall sign, channel letters are individual letters not
physically connected to other letters.
A sign made of stone or etched in stone, or a plaque, constructed
within a building facade indicating the date of construction of said
building.
A sign or a portion thereof that identifies the names of
tenants in a multi-tenant building or a development made up of a group
of buildings advertising two or more businesses on the same property.
The directory sign shall be a part of a freestanding sign located
on the same property of the tenants so identified on the sign.
A sign that has the same dimensions, sign elements and sign
copy (except for reader board copy) back to back that can be viewed
from opposite directions, or when allowed a V-shaped with the same
dimensions, elements and copy.
A general term referring to any type of electronic programmable
sign, with an electronic display or changeable copy. An electronic
message center is a category of a reader board. See definition of
"reader board."
A commercial flag means a piece of cloth or lightweight fabric,
mounted on a pole usually on one side of the flag or attached to a
movable cord mounted to the pole, used as a temporary display of the
name, color scheme, name or logo of a commercial interested located
on the property on which the commercial flag or flags are located;
or the colors, name or logo of a unified multi-tenant property. The
design of the commercial flag may be combined with the allowable message
on a noncommercial flag; however, any flag displaying a commercial
interest as defined herein shall be only allowed under the required
permit. A commercial flag shall not list display prices of product
or individual products sold if more than one product line is sold
within the business or businesses displayed on the flag. A vertical
flag mounted on a pole that is commonly called a banner is considered
a flag under this definition.
A government flag means a piece of cloth or lightweight fabric,
mounted on a pole usually on one side of the flag or attached to a
movable cord mounted to a pole, depicting the colors, insignia, and/or
symbol of the United States of America, a branch of the military of
the United States of America, the State of Wisconsin, Waukesha or
Walworth Counties, Village of Mukwonago, Mukwonago Area School District,
and any other officially authorized design of one of the aforementioned
governments.
A noncommercial flag means piece of cloth or lightweight
fabric, mounted on a pole usually on one side of the flag or attached
to a movable cord mounted to a pole, that (1) does not display a logo,
color scheme, message, statement or expression relating to any commercial
interest except for a community wide special event or a sports team
of local interest; and that (2) provides a design and/or color scheme
that recognizes a community organization, recognizes a holiday, presents
seasonal colors or provides colors to enhance the aesthetic appeal
of a property. A vertical flag mounted on a pole that is commonly
called a banner is considered a flag under this definition.
A sign or a portion thereof which changes light intensity or switches on and off in constant pattern, or contains motion or the optical illusion of motion. For the purposes of this Chapter 64, a moving or revolving sign shall be considered a flashing sign. A flashing sign is prohibited within the Village of Mukwonago.
For the purposes of this Chapter 64, a portion of a building included between the surface of a story of a building and the next floor, story or roof line above it.
Any sign permanently affixed to a monument sign base or a
pole, when permitted that is affixed to the ground independent of
any other structure or building. See also "pole sign," "monument horizontal
sign", "monument vertical sign" or "structure sign."
Any sign presented horizontally that hangs from an awning,
canopy or overhang over private property with a minimum clearance
of seven feet from the bottom of the sign to the ground or pedestrian
walkway, or 10 feet from the bottom of the sign to any vehicle drive.
Any sign, the area, dimensions, location or design of which were unlawful at the time the sign was erected, and which continues to nonconforming to the current standards and regulations due to the adoption, revision or amendment of this Chapter 64. See also "legal nonconforming."
For the purposes of this Chapter 64, an improved property is listed in the assessment records of the Village of Mukwonago as "improved".
A ground-mounted or aerial inflated device is an air filled
object made of strong plastic or rubber expansive material designed
to bring attention to a business, located on the same property on
which the business the inflated device advertises is located.
For purposes of this Chapter 64, the improvement of the appearance of the area surrounding a freestanding sign by the planting of grass, shrubs, other plants or other materials such as natural stone.
See definition of "reader board."
Any sign, the area, dimensions, location or design of which
were lawful at the time the sign was erected, but which fail to conform
to the current standards and regulations due to the adoption, revision
or amendment of this Article VII. See also "illegal nonconforming."
A graphic mark; symbol or emblem commonly used for a business
or an organization to aid and promote instant recognition. The logo
can be symbol of a parent company to which the local business represents
and has a contractual affiliation.
Any of the separate zoning districts within Chapter 100 of the Village of Mukwonago Municipal Code (zoning) that has manufacturing as part of the zoning district name and description, normally designated with an "M" and number.
A stone-like material laid in and bound together. The common
materials for a masonry sign base are brick and stone such as marble,
granite, travertine or limestone. Split face block can be utilized
if matching the split face block consistency and color on the building
the sign advertises. Full brick pieces or stone may be installed over
a solid interior base, such as concrete or solid wall construction.
The exposed masonry of a masonry sign base may not be cement, concrete,
concrete block, painted concrete block, glass block, stucco and tile.
A stone or plaque constructed within or installed onto a
building wall in remembrance of a person or event, and not a specific
business name or conveying a commercial message.
A permanently mounted sign requiring a permit for a drive-in,
drive-thru or drive-window service for the benefit of customers already
on the property. A menu board is not a reader board.
See definition of "reader board."
A freestanding monument sign having the sign face area that
counts toward overall maximum sign size as either square in height
and width dimensions, or the height dimension is less than the width
dimension. Also referred to as a horizontal monument sign.
A freestanding sign continuously attached to a continuous
structural base affixed to the ground, which base is not less than
the width and depth of the sign attached to it. Monument signs do
not include freestanding signs supported by poles.
Continuous masonry structural base affixed to the ground
to serve as the base for a freestanding horizontal monument sign or
a freestanding vertical monument sign.
A freestanding monument sign having the sign face area that
counts toward overall maximum sign size with the height dimension
at least 1.2 times the width dimension; also referred to as a vertical
monument sign.
A property or structure occupied by multiple leaseholders
each with its own public entrance from the exterior of the building
or through a shared lobby, atrium, mall, or hallway and separated
from other tenant spaces by walls.
An outdoor advertising sign or poster panel which advertises products, businesses, and/or services not connected with the site on which the sign is located, which may be a sign on a substantially permanent structure which displays services of a type which are customarily leased for commercial purposes. An off-premises sign is prohibited within the Village of Mukwonago pursuant to § 64-13.
A sign securely attached at the top or near the top of a
vertical pole, support or base constructed of wood, metal or similar
rigid and durable material displayed outside and near the main building
entrance of a business to temporarily identify a product or service,
typically a restaurant menu or a special sale item.
A sign which is intended to be "permanent in place" for the
duration of the permit use. Examples of permanent signs may include,
but not limited to, wall signs, roof signs, projecting signs, freestanding
signs (pole, monument horizontal, monument vertical or structure),
awning signs, or on-site directional signs.
For the purposes of this Chapter 64, a document issued by the Zoning Administrator or the Building Inspector stating a sign meets the requirements of this Chapter 64 and any other applicable codes to allow that sign to be duly placed and installed within a property within the Village of Mukwonago. Each sign type that requires a permit under the provisions of this Chapter 64 shall be included in a list determined and maintained by the Zoning Administrator and the Building Inspector to either Zoning Administrator or Building Inspector responsibility to issue said permit. Permit application forms shall be made available to applicants for sign permits, and the Village Board may set fees to issue a sign permit and complete sign inspections per sign type.
Any freestanding sign that does not meet the definition of
monument sign. A pole sign is composed of the sign cabinet and the
sign pole or pylon by which the sign cabinet connects to the ground.
A sign that is not permanent, affixed to a building, structure, or to the ground, other than a sandwich board or pedestal sign allowed by this Chapter 64. Such sign is sometimes mounted on wheels to make it transportable. A portable sign is prohibited in the Village of Mukwonago pursuant to § 64-13.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
For the purposes of this Chapter 64, an entrance to the interior space of an office, commercial or retail business, or industrial building that is located and designed, and allowed by applicable building codes, to be used as an ingress/egress to the interior space by customers or visitors, and that is available for use by the public during business open hours. An entrance used solely for employees and/or deliveries shall not be determined to be a public entrance.
A sign that is designed, installed and used as a permanent sign but with the intent of being removed or replaced from time to time. A quasi-permanent sign as regulated in this Chapter 64 is intended to provide supplemental identification for a business and organization and shall not be used as the sole identification of a business or organization in lieu of a permanent sign allowed in § 64-22 or 64-23.
A portion of a sign on which letters and other sign copy
are readily replaceable either manually or electronically such that
copy can be changed from time to time at will, and with copy changed
at a frequency of at least once every six months; however individual
applied letters shall be changed at a frequency of at least once every
seven days. Electronic messages shall be allowed to change at a minimum
rate of once per minute, with any change of less than one minute not
allowed, except for 10 second intervals of changes to time and temperature
display. A reader board includes other terms such as changeable copy
sign, message board, electronic message center or LED message board.
A reader board is not a menu board.
For the purposes of this Chapter 64, a form filed with the Zoning Administrator or the Building Inspector office stating that a temporary sign or quasi-permanent sign meets the requirements of this Chapter 64. The purpose of sign registration is to provide the Zoning Administrator with a record of sign ownership, installer and date of installation, and that the sign conforms to the design standards for the sign. Sign registration forms shall be made available to property owners, sign owners or their assigns. A fee is not required for a sign registration. Failure of a property owner or sign owner to file a registration when required, or placement of a temporary or quasi-permanent sign that does not conform to the standards for that sign category, shall cause removal of said sign in accordance with provisions of this Chapter 64.
For the purpose of sign regulation in the Village of Mukwonago, any property used as a dwelling or dwellings and zoned for residential within Chapter 100 of the Village of Mukwonago Municipal Code (zoning).
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eaves line of
a building with a gambrel, gable, or hip roof, or the deck of a building
with a mansard roof.
A two-sided portable sign constructed of wood, metal or similar
rigid and durable material displayed outside and near the main building
entrance of a business to temporarily identify a product or service,
typically a special sale item, special sales event or help wanted.
The sandwich board sign is generally two individual sign surfaces
connected at a pivot point at the top of the sign surfaces so that
each sign surface can support itself and be placed on a flat solid
surface in the form of an inverted "V" shape.
For the purpose of sign regulation in the Village of Mukwonago,
the required minimum horizontal distance between any part of a sign
or sign structure and any right-of-way line (front property line),
side property line or rear property line.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession or business, and which is visible to the public.
The business name and message to identify an on-site business, and any other sign elements of a logo, accent stripe or accent color allowed by this Chapter 64.
The area or display surface used for the message.
The vertical distance from adjacent grade to the highest
point of a freestanding sign including supports, design features and
embellishments, or for other signs the vertical distance of the sign
from bottom to top or all combined wall sign elements.
The normal care needed to keep a sign functional, such as
cleaning, painting, oiling and changing of light bulbs.
The maximum horizontal distance between the sides of the
sign face for a freestanding sign including monument sign columns,
or for other signs the maximum horizontal distance between the sides
of the sign of all combined sign elements.
Any sign placed upon or supported by the ground independent of any other structures. For the purpose of this Chapter 64, a ground sign is called a freestanding sign.
A multi-tenant freestanding sign means sign for an office,
commercial or industrial building occupied by two or more leasable
business areas, or a grouping of buildings within a unified development
on the same property that may have multiple tenants per building or
within each building. In addition, any office, commercial or industrial
building with separate condominium ownerships shall be multi-tenant.
A multi-tenant wall sign or projecting sign means a sign
for an office, commercial or industrial building occupied by two or
more leasable business areas; however, each leasable area must have
a public entrance separate from any other leasable business area and
public access directly to the leasable business area via the building
exterior or a common lobby or corridor. Leasable business areas that
are incorporated within a larger leasable business area or business
of the property ownership and are dependent upon the larger leasable
business area for hours of operation, facilities, utilities and the
like shall not be determined to be multi-tenant. If the public cannot
enter a leasable business area when the larger leasable area is not
open to the public, then the leasable business area shall not be eligible
for a wall sign or a projecting sign as a multi-tenant business. In
addition, any building with separate condominium ownerships shall
be considered multi-tenant.
For the purpose of signage, a single tenant building is a
stand-alone building designed for and occupied by a single office,
commercial or industrial business that may have multiple uses within
a larger integral space designed as a single entity. See definitions
for multi-tenant wall sign or projecting sign, or multi-tenant freestanding
sign, for when sign regulations for single tenant building or multi-tenant
buildings apply.
A freestanding sign taller than a monument horizontal sign
or monument vertical sign constructed with the same width dimension
at all points of the sign structure from base to highest point of
the sign structure allowed by special exception approved by the plan
commission on properties equal to or over 2.01 acres in size abutting
the Interstate 43 right-of-way, or allowed in certain situations for
a motor fuel dispensing station freestanding sign.
A nonpermanent sign intended for use for a short period of time as specified in this Chapter 64 typically constructed of canvas, fabric, wood, plastic, cardboard or wall board, with or without frame.
For the purposes of this Chapter 64, an unimproved property is listed in the assessment records of the Village of Mukwonago with only an assigned "land" value, and not any improvement value.
A permanent or temporary sign affixed, painted on, or placed in or on any vehicle, trailer, or other device capable of being driven or towed, which is displayed in public view so that the primary purpose is to attract the attention of the public, rather than the vehicle or trailer to serve the business of the owner thereof in a manner which is customary for said vehicle or trailer for transportation or carrying of materials. A vehicle or trailer sign is prohibited in the Village of Mukwonago pursuant to § 64-13.
The elected officials of the Village of Mukwonago comprised
of a Village President and six Trustees.
The Village center is the geographic area of the corporate limits
of the Village of Mukwonago bounded by:
NORTHCenterline of Pearl Avenue east of Rochester Street (STH 83); centerline of Eagle Lake Avenue west of Rochester Street (STH 83).
SOUTHCenterline of Blood Street from between Lois Street and Main Street; centerline of Main Street between Blood Street and Andrews Street; centerline of Andrews Street east of Main Street with same line extended eastward to the railroad right-of-way.
EASTRailroad right-of-way.
WESTCenterline of Lois Street north of Blood Street to centerline of Atkinson Street; centerline of Atkinson Street between Lois Street and Park Place; centerline of Park Place Avenue north of Atkinson Street with same line extended to the centerline of Eagle Lake Avenue.
The Village center may be referred to as the downtown, central
Village, the historic preservation area or the fire district in other
chapters of the Municipal Code or within Village plans or policies.
[Amended 12-18-2019 by Ord. No. 970]
The geographic area of the corporate limits of the Village
of Mukwonago outside of the defined boundary of the Village center.
For the purposes of this Chapter 64, an imaginary line provided at each intersection of two streets, and alley and a street, or an access drive and street. Typically in Chapter 100, the vision triangle is measured 30 feet from the intersection of the rights-of-way or the edge of the access drive with the right-of-way. The vision triangle shall be measured as required in Chapter 100. A vision triangle may be also called a vision corner.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 12 inches from such building or structure.
A sign that is applied or attached to the interior of a window
or located in such manner within the building that it can be readily
seen from the exterior of the building through a window.
For the purpose of this Chapter 64, a person or anyone of a group of persons assigned by the Village Board and/or Village Administrator to review and approve sign installation, maintenance and enforcement in accordance with the standards and requirements of this Chapter 64, and may from time to time have the authority to issue a permit for sign installation when the proposed sign does not [sic] a review by the Building Inspector. The person or group of persons assigned with zoning administration responsibilities from time to time may be assigned the duties of Building Inspector, but the duties of each described within this Chapter 64 are separate and distinct.
