[Ord. No. 854, § III, 12-20-2011]
The administration of all signs installed, erected or altered requiring a permit within the Village shall follow the process, procedures, rules and enforcement of §§ 64-32 through 64-39 and all other applicable sections of this Chapter 64. After approval by the Zoning Administrator or other authority listed below, a permit issued by the Building Inspector is required prior to any sign installation, placement or alteration within the Village, except for those sign types not requiring a permit identified in § 64-14. 64-16, 64-17, 64-18 or 64-19. Sign types not requiring a permit shall conform to the regulations and standards for such signs within this Chapter 64, enforceable by the Zoning Administrator; however, certain signs require registration of the sign with the Zoning Administrator office prior to sign use (see definition of "registration"). Each application for a sign permit or permits shall be reviewed for zoning compliance with this Chapter 64 and then approved by the following authority prior to issuance of permit.
(a) 
Temporary signs or quasi-permanent signs requiring permit. Any temporary sign or quasi-permanent sign requiring permit as listed in § 64-15, 64-16, 64-17 or 64-20 shall be reviewed and approved by the Zoning Administrator.
(b) 
Permanent signs. Any permanent sign or signs shall be reviewed and approved by the following:
(1) 
Zoning Administrator for any signs on properties three acres or less in size; or any wall or projecting sign for a business within a multi-tenant property 3.01 acres or more in size.
(2) 
The plan commission in the following instances:
a. 
Any signs on properties 3.01 acres or more in size or other signs requiring plan commission approval by this Chapter 64, with a recommendation from the Zoning Administrator; except for any wall or projecting sign for a business within a multi-tenant property 3.01 acres or more in size.
b. 
Any sign with Zoning Administrator review authority by this Chapter 64 requested for review by any sign applicant or the Zoning Administrator.
c. 
Any signs that are part of a site plan or architectural plan review process of Chapter 100 and approval by the plan commission.
d. 
Any request for consideration of a special exception for signs.
(3) 
The Village Board if signs are part of a planned unit development, with recommendation from the plan commission.
(c) 
Structural and/or electrical compliance for temporary, quasi-permanent and permanent signs. Any temporary signs or quasi-permanent signs requiring permit, and any permanent signs shall be reviewed prior to permit by the Building Inspector for compliance of proper and safe installation in accordance with current building code standards, and proper and safe electrical installation if internally or externally illuminated. Regardless of prior approval of any signs by another authority listed in this § 64-31, the Building Inspector shall deny any sign permit that does not submit a plan or plans to ensure compliance of proper and safe installation in accordance with current building code standards or electrical code standards.
[Ord. No. 854, § III, 12-20-2011]
The responsibilities and process of sign review and approval shall be as follows:
(a) 
Zoning Administrator action. The Zoning Administrator shall accept all applications for sign permits and review the applications for zoning compliance in accordance with all applicable regulations and standards of this Chapter 64 and shall issue an opinion of compliance as listed below. Furthermore, the Zoning Administrator shall be responsible for all sign administration and enforcement as stated in this Chapter 64.
(1) 
For any permanent sign permit application on a property 3.0 acres or less in size or any wall or projecting sign for a business within a multi-tenant property 3.01 acres or more in size, the Zoning Administrator shall have the authority to approve, approve with conditions, or deny the application. An application approved or approved with conditions shall be forwarded to the Building Inspector for structural and/or electrical review. When an application is denied, the reasons for the denial shall be forwarded to the applicant.
(2) 
For any permanent sign permit application on a property 3.0 acres or less in size or for any multi-tenant wall sign or projecting sign on a property over 3.01 acres in size, after Zoning Administrator determination of approval, approval with conditions, or denial, the applicant may request plan commission review.
(3) 
For any permanent sign permit application on a property 3.0 acres or less in size or any other sign under review by the Zoning Administrator, the Zoning Administrator may request review by the plan commission in matters where the sign or signs are integral to the building and/or development design, integral to the orderly development of the Village, or recommended for consideration of a special exception.
(4) 
For any temporary or quasi-permanent signs requiring a permit, the Zoning Administrator shall have the authority for approval, approval with conditions, or denial.
(5) 
When a sign permit application is forwarded to the plan commission or Village Board or any reason, the Zoning Administrator shall provide a recommendation.
(b) 
Plan commission action. When plan commission sign application review is required or requested in accordance with the list below, the plan commission shall review the permit application for compliance with all applicable regulations and standards of this Chapter 64, and compliance with the purpose and intent of this Chapter 64 pursuant to § 64-2. The plan commission may approve, approve with conditions or deny any sign application. Plan commission action on any application for a sign permit shall be duly noted in meeting minutes and shall be considered final, except for signs included within approval of a planned unit development by the Village Board. The plan commission may take separate action on each sign within an application for multiple signs. Any final action of the plan commission regarding signs may be appealed by any person to the board of zoning and building appeals as provided for in Chapter 100.
(1) 
The plan commission shall review and take action on any permanent sign application on properties 3.01 acres or larger; except for individual wall or projecting signs on a multi-tenant property.
(2) 
An applicant for a sign permit may request plan commission reconsideration of any action of the Zoning Administrator. The request shall be made in writing to the Village Clerk.
(3) 
The Zoning Administrator may refer action of any application for a sign permit to the plan commission, as stated in § 64-32(a)(3).
(4) 
An applicant for a sign permit may request plan commission consideration for a special exception, in writing on forms provided by the Village.
(5) 
The plan commission may consider any application for a sign permit during consideration of site plan or architectural plan review of a building or development on which the sign or signs are proposed, if the proper plans for the sign or signs have been submitted in accordance with this Chapter 64.
(6) 
The plan commission may consider signs as part of a planned unit development approval as provided for within Chapter 100 if the proper plans for the signs have been submitted in accordance with this Chapter 64. The plan commission shall forward a recommendation to the Village Board for any signs as part of a planned unit development approval.
(7) 
The Zoning Administrator or potential sign permit applicant may request an advisory opinion from the plan commission for any sign review or special exception prior to formal submittal of the application. The advisory opinion is only general discussion by the plan commission, and no vote is taken.
(c) 
Timeframe for plan commission action. All sign referrals for plan commission consideration shall be forwarded to the next scheduled plan commission meeting. Supporting documentation and plans for the signs shall be submitted to the Village Clerk not less than the fifth Village business day prior to the day of the plan commission meeting. A request for a special exception or a sign request included with another plan commission action shall adhere to the timeframe requirement as stated in Chapter 100.
(d) 
Village Board action. The Village Board shall approve, approve with conditions or deny any signs submitted as part of a planned unit development after recommendation from the plan commission. The Village Board shall review any sign included with a planned unit development application for compliance with all applicable regulations and standards of this Chapter 64, compliance with the purpose and intent of this Chapter 64 pursuant to § 64-2, and compliance with the criteria for approval of a planned unit development pursuant to Chapter 100. Village Board action on any application for a sign permit shall be duly noted in meeting minutes and shall be considered final. The Village Board may take separate action on each sign within an application for multiple signs.
(e) 
Resubmitted sign applications. Any signs denied by the plan commission or Village Board shall not be resubmitted for consideration within six months of the date of action to deny, unless in the opinion of the Zoning Administrator the sign application has been significantly modified to conform to the applicable regulations and standards of this Chapter 64 and the purpose and intent statement of § 64-2.
(f) 
Professional assistance. At any time during the review process of a sign permit application, the Zoning Administrator, plan commission or Village Board may request the assistance of the Village planner, Village engineer, Village Attorney or any other professional for review and recommendation of the application. The fees for professional assistance shall be the responsibility of the applicant, as required by Village Municipal Code.
[Ord. No. 854, § III, 12-20-2011]
Each application for sign permits shall adhere to the following requirements:
(a) 
Application eligibility. An application for a sign permit shall include an application for zoning review and a building permit application.
(1) 
The zoning review application form furnished by the Village shall be fully completed and submitted to the Zoning Administrator, and shall be signed by the owner of the property on which the sign or signs are to be located or the owner of the business or organization owning the sign or signs, and a representative of the company installing the sign or signs, if different from owner. The signature or signatures on the application form shall indicate agreement to the terms of this Chapter 64.
(2) 
A fully completed building permit application form shall be submitted with the zoning review application and shall be signed by the sign contractor or the person responsible for installing the sign.
(3) 
If the owner of property on which the sign or signs are to be located does not sign the application form, the owner of the property or a representative of the owner, such as a management company, shall submit a letter indicating concurrence with submittal of the application for sign permit.
(b) 
Procedure. All applications for sign permits shall be filed with the Zoning Administrator. Each application for sign permit shall adhere to the review and approval process outlined in §§ 64-31 and 64-32 for the particular sign type.
(c) 
Submittal requirements. Applications for sign permits shall be accompanied by the following information:
(1) 
Name, address, telephone number and any other contact information for the owner of the premises or owner representative, owner of the sign, and a representative of the company installing the proposed sign or signs.
(2) 
All review fees as required by the Village.
(3) 
Location of the building, structure or site to which or upon which the sign or signs are to be attached or erected.
(4) 
For each sign requiring a permit, three copies of specifications, plans, color renderings or other color pictures shall be submitted. If the application is forwarded to the plan commission and/or Village Board for review, additional copies of the submission may be required, with the additional number of submissions set by the Zoning Administrator. The Zoning Administrator may waive the submittal of additional copies for applications forwarded to the plan commission and/or Village Board of the portion of sign plans that involve building and electrical code information. All submissions shall detail the following:
a. 
The dimensions of the sign or signs.
b. 
The method of construction, attachment and support.
c. 
The location of the proposed sign or signs and the location of any building or buildings on the premises on which the sign or signs are attached.
d. 
The materials to be used for the sign or signs.
e. 
The type of illumination of the signs or signs, if any. If illuminated, the electrical connection plans shall be submitted.
f. 
Plans for supports for any sign subject to excessive stress as determined by the Building Inspector shall be accompanied by structural computations.
g. 
Sufficient data shall be submitted showing that the support surface and other members of a building to which the sign is to be attached are in good condition and are adequate to support the proposed sign.
(5) 
Copies of any other permit required and issued for any sign, including, in the case of illuminated signs, the written approval by the electrical inspector who shall examine the plans and specifications, and review of wiring and connections to determine if the same complies with applicable electrical codes.
(6) 
For multi-tenant buildings or properties, an application for a sign or signs shall include a copy of the current overall master sign plan for the property, prepared and approved in accordance with the provisions of § 64-22(d)(21) or § 64-23(d)(20). All signs shall follow the overall master sign plan for the property.
(7) 
Additional information as may be required by the Building Inspector, plan commission or Village Board shall be submitted upon request.
(d) 
Permit fees shall be submitted.
(1) 
In conjunction with the filing of any application for a sign permit or permits, the applicant shall tender a review fee in accordance with the fee schedule approved by the Village Board. This fee shall be in addition to any building permit and/or electrical permit fee.
(2) 
The applicant for a sign permit or permits shall be responsible for any consultant fee for assisting the Village to review the application.
(3) 
When a sign permit is issued, the applicant shall tender a building permit fee and electrical permit fee, if necessary, in accordance with the fee schedule approved by the Village Board.
(4) 
In cases where work is begun before a permit required by this Chapter 64 has been obtained, the permit fee shall be doubled. The payment of such doubled fee shall not relieve any person or persons from complying fully with the regulation and standard requirements, review and approval process of this Chapter 64 or from any penalties prescribed herein.
(e) 
Building permit. Upon successful review and approval of any application for sign permit or permits in accordance to §§ 64-31, 64-32 and 64-33, the Building Inspector is authorized to issue the building and electrical, if needed, permits for sign installation. All other applicable requirements of state and municipal codes shall be adhered to in the granting of a permit or permits for sign installation.
[Ord. No. 854, § III, 12-20-2011]
(a) 
Purpose. Special exceptions for signage are intended to allow flexibility in sign regulations while fulfilling the purpose and intent, and regulations and standards of this Chapter 64. Nothing in this section, however, is intended to permit the erection or maintenance of a sign which compromises the public safety, health and welfare or which is in conflict with the Village's comprehensive plan or relevant portions thereof, or is in conflict with the master sign plan on record for a multi-tenant property in accordance with § 64-22(d)(21) or § 64-23(d)(20). Nothing in this section shall prevent an owner from requesting that the master sign plan on record be amended.
(b) 
Eligibility determination and limits. The plan commission shall review requests for special exceptions and shall only grant a special exception when the applicant demonstrates that unusual site factors preclude the construction of a sign in accordance with this Chapter 64. If granted, the plan commission may place limitations, restrictions and conditions upon the approval. Special exceptions may be granted only to the following specified limits:
(1) 
The allowance of sign height and or sign size to exceed maximum standards that accommodates visibility needs with a limitation of any special exception shall not exceed 20% of maximum sign height or 20% of maximum area allowed for all signs.
(2) 
The allowance of one freestanding structure sign on any property abutting the Interstate 43 right-of-way equal to or over 2.01 acres in size when the amount and location of wall signs and freestanding signs allowed on the property are not able to be visible from the lanes of traffic on I-43 because of special factors of sign location, building location, topography, and similar factors. Please see § 64-19(g)(5) for additional standards. The plan commission may set limits on the height and size of the structure sign pursuant to the extent of site conditions that allows sign visibility.
(3) 
The allowance of additional freestanding monument signs on large properties over 10 acres in size with multiple right-of-way access points and an excessive right-of-way to property size ratio not typical in the Village.
(4) 
The allowance of multiple wall signs for a tenant within a multi-tenant building on a property over 3.0 acres within the Village center, or over 2.0 acres within the Village proper area, when the size and conditions of the tenant having a large building frontage or multiple entrances is similar to that of a single tenant building that is allowed multiple wall signs.
(5) 
The allowance of a reduction of up to 50% of the required freestanding sign setback from a property line measured to the furthest projection of the sign, but not within three feet of any lane of traffic. In the case of a sign setback from a state highway, the special exception shall be approved only after receipt of written approval from the Wisconsin Department of Transportation.
(6) 
The allowance of a property owner to request to be placed in the next largest sign size category per acres of property, when the size of the property is within 10% of the next largest sign size category, and the property is within an area or adjacent to properties within the next largest sign category.
(7) 
The allowance of a sign to project over a public right-of-way when the sign is attached to an existing building that is abutting or near a public right-of-way, but not over a lane of traffic. If the sign projects over a state or county highway, written approval for the projection from the proper state or county authority is needed prior to special exception approval. If approved, the property owner and the sign owner, if different from property owner, shall sign a license agreement that indemnifies the Village, and the county or state if necessary, of any and all liability and maintenance responsibility resulting from the location of the sign. The license agreement shall be approved by the Village Board prior to any permit issuance.
(8) 
The allowance of a reader board to be included with a wall sign system, projecting sign or roof sign if the property does not have the opportunity to locate a freestanding sign. The plan commission may limit the size and type of reader board.
(c) 
Procedure. The following shall be the procedure for a special exception application:
(1) 
Any applicant who desires a Special Exception from any provision as listed in § 64-34(b) shall request a public hearing before the plan commission. The applicant shall submit a written request for a hearing to the Village Clerk with the appropriate fee as posted in the office of the Village Clerk and all necessary information as requested by the Village Clerk. The request shall be scheduled for hearing with Class 2 notice within timeframes for scheduling a hearing as established by the Village Clerk and Wisconsin Statutes for a Class 2 notice.
(2) 
If the plan commission finds the special exception should be granted, the plan commission shall specifically list in writing the finding of facts to justify the granting of the special exception. The decision shall be forwarded to the Zoning Administrator and Building Inspector with directions to issue a permit in accordance with the decision; subject to the application for sign permit conforming to all other applicable regulations and standards of this Chapter 64 for issuance of a permit.
(3) 
If the plan commission finds that a special exception shall not be approved, the plan commission shall specifically list in writing the finding of facts for denial of the special exception, with the Village Clerk forwarding the decision with the finding of facts to the applicant within 10 Village business days of the decision.
(4) 
The decision of the plan commission shall be final.
[Ord. No. 854, § III, 12-20-2011]
In addition to other applicable requirements and standards of this Chapter 64, Municipal Code and state statutes, all signs shall be constructed in accordance to the following requirements:
(a) 
All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 80 pounds per square foot of area.
(b) 
All signs shall be constructed to receive dead loads as required in the building code and other ordinances of the Village.
(c) 
The temporary occupancy of a private or public sidewalk, public street or right-of-way or other public property during construction, removal, repair, alteration or maintenance of any sign is permitted, provided the space occupied is secured and closed from public access by easily identifiable rope, fencing or other form of area separation from public access. The secure area identification shall be removed immediately upon completion of construction.
(d) 
Supporting members or braces of all signs shall be constructed of masonry, galvanized iron, properly treated wood, steel, copper, brass or other noncorrosive incombustible material. All signs and sign supports shall be designed and constructed to withstand 80 mile per hour winds.
(e) 
Fire safety of signs.
(1) 
All signs and supporting members shall not be attached in any way to any fire escape, fire ladder, standpipe or any other fire safety device.
(2) 
All signs shall not hinder ingress or egress through any door, doorway or window, nor hinder fire department access to any building or structure.
[Ord. No. 854, § III, 12-20-2011]
Any internally or externally illuminated signs shall conform to the following:
(a) 
Any illumination shall be installed to avoid glare or reflection onto adjacent property, or onto a public right-of-way or alley, so as not to create a nuisance or a traffic hazard as determined by the Zoning Administrator, Building Inspector and/or the police department.
(b) 
Any externally illuminated sign shall not have lighting that spills over or beyond the sign face.
(c) 
Any internally illuminated sign, reader board or electronic message center shall not have a lighting intensity exceeding the general lumens level and glare of other signs, building lights, parking lot lighting and street lights within the general vicinity of the sign so as to create an unnecessary nuisance to drivers of vehicles or unnecessarily creating attention to it beyond the normal attention afforded to all signs in the Village.
(d) 
Any sign abutting residential shall install devices to extinguish the lights between 10:00 p.m. and 6:00 a.m., or shall reduce lumens to an acceptable level as determined by the Building Inspector.
(e) 
Any sign shall be illuminated only by nonflashing lighting. Reader board type signs and time and temperature signs are regulated under §§ 64-22(j) and 64-23(j), and other applicable sections of this Chapter 64.
(f) 
Any sign found to exceed the lighting and visibility standards of this § 64-36 after installation by the Zoning Administrator, Building Inspector or police department, shall be ordered to reduce the lighting level to conform to this section. If sign owner fails to reduce the lighting level within 15 days of the order, the Zoning Administrator or Building Inspector shall take steps to remove the sign.
[Ord. No. 854, § III, 12-20-2011]
(a) 
No sign other than sign types expressly exempted under § 64-21(b), (c) or (e) shall be erected, placed, located or maintained within the limit of any public alley, street or highway. Public streets or highway limits include all dedicated rights-of-way encompassing the traveled portion of the streets or highway, the shoulders ditches and adjacent dedicated areas. This prohibition applies to freestanding signs and those places on trees, utility poles, fence posts or stakes, and all other structures within the public alley, street or highway limits.
(1) 
Any sign in violation of this § 64-37 may be removed by the Village or its agent without notice or compensation.
(2) 
This prohibition shall not apply to signs placed within the limits of streets or highways by duly constituted municipal, county or state authorities for the guidance or warning of traffic. Signs for the guidance or warning of traffic placed by municipal, county or state authorities are exempt from this Chapter 64.
(b) 
No person or entity shall erect or cause to be erected any sign which projects over any public sidewalk, street, alley or public place, except for an approved special exception with a license agreement signed by the property owner and/or sign owner, with Village Board approval.
(c) 
No sign shall be located to obstruct traffic visibility as required in § 100-401.
[Ord. No. 854, § III, 12-20-2011]
Each temporary, quasi-permanent or permanent sign, including those specifically exempt from the permit requirements of this Chapter 64, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports that are not galvanized or of rust-resistant material. The Zoning Administrator or Building Inspector shall have the authority at any time to inspect and order the painting, repair, alteration or removal of a sign which constitutes a hazard to the safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or change in local conditions, including a sign advertising a business or organization no longer located on the property. The Zoning Administrator or Building Inspector shall follow the procedure of notification concerning such maintenance or removal as outlined in § 64-39, except for the immediate removal of certain signs as stated in this Chapter 64 for the protection of the public health, safety and welfare.
[Ord. No. 854, § III, 12-20-2011]
The Building Inspector is authorized to order the removal of any illegal nonconforming sign as defined in this Chapter 64 and regulated in § 64-5, and any legal nonconforming signs as stated within § 64-4. The following process shall be followed, except for the immediate removal of certain signs as stated in this Chapter 64 for the protection of the public health, safety and welfare.
(a) 
Before taking action to remove any illegal nonconforming sign, the Zoning Administrator shall provide a written compliance notice to the holders of the permit for the sign or, if no permit has been issued to the owner or owners of the premises on which such sign is located and to the owner or owners of the premises to which such sign pertains, if known. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defeats in such sign and the violations charged, if any. Such notice shall specify what repairs, if any, will make the sign conform to the requirements of this article and specify that the sign must be removed or made to conform to the provisions of this article within the compliance period provided for in this § 64-39. Service of notice shall be made to the parties specified above as follows.
(1) 
By personal delivery of the notice to the owner or owners of the property on which the sign is located and the owner or owners of the sign, if known; or
(2) 
By sending the notice by certified mail to the owner or owners of the property and the owner or owners of the sign, if known, at their last known address or addresses.
(b) 
The owner of the property on which the sign is located may appeal the decision of the Zoning Administrator's order to remove the sign to the board of zoning and building appeals. This appeal must be filed within 15 days from the date when the notice was served to the property owner. The board of zoning and building appeals shall consider this appeal at its next regularly scheduled meeting subject to established agenda length limits. The decision of the board is final.
(c) 
Compliance periods for removal of signs are as follows:
(1) 
The compliance period for the removal of temporary signs or quasi-permanent signs regulated under §§ 64-14 through 64-20 shall be 48 hours.
(2) 
The compliance period for the removal of prohibited signs listed under § 64-13 shall be 48 hours.
(3) 
The compliance period for permanent signs regulated under §§ 64-21 through 64-23 shall be 30 days, from the date when the notice was served, or seven days from the date of the board of zoning and building appeals decision if an appeal has been filed, whichever is greater.
(4) 
The compliance period for legal nonconforming or illegal nonconforming signs shall be 30 days from the date when the notice was served, or seven days from the date of the board of zoning and building appeals decision if an appeal has been filed with a filing fee, whichever is greater.
(d) 
Reinstallation or re-erection of any sign or any substantially similar sign that remains illegal on the same premises after a compliance notice has been issued shall be deemed a continuance of the original violation.
(e) 
If the holders of the permit or the owner or owners of the premises upon which the sign is located have not demonstrated to the satisfaction of the Zoning Administrator or Building Inspector that the sign has been removed or corrected to be in compliance with all applicable provisions of this Chapter 64 by the end of the compliance period, the police department at the direction of the Zoning Administrator or Building Inspector shall issue municipal citations to the owner of the premises.
(f) 
The Zoning Administrator or Building Inspector is authorized to cause removal of any sign adjudged to be illegal by a municipal or circuit court if the court so orders. The actual cost and expense of any such removal shall be borne by the holder of the permit, or if no permit had been issued, by the owner of the premises on which the sign is located. All such parties shall be jointly and severally liable for such cost and expense and subject to the penalties provided by the provisions of Chapter 100.
(g) 
Violators shall be subject to punitive action. Each act or violation shall be subject to forfeiture as provide for in the Municipal Code. Each day constitutes a separate violation.
[Ord. No. 854, § III, 12-20-2011]
Amendments to this Chapter 64 may be initiated by a citizen or property owner of the Village of Mukwonago upon petition to the Village Board, by the Village Board, by the plan commission, or by the Village Clerk, Building Inspector or Zoning Administrator.
(a) 
A citizen or property owner petition for amendment may be accepted by the Village Board at the discretion of the Village Board.
(b) 
Any proposed amendment shall be reviewed by the plan commission. The plan commission may consider public comment and shall forward a recommendation regarding the proposed amendment to the Village Board.
(c) 
The Village Board at its discretion may hold a public hearing to gain public input prior to consideration of an amendment; however a public hearing is not required. If a public hearing is held, a Class 2 notice is required.
(d) 
Upon recommendation from the plan commission, the Village Board shall approve an ordinance that clearly states the amendment, approve an ordinance with changes, deny or refer the proposed amendment to the plan commission for additional review or information.