[Amended 4-26-2011; 8-23-2011]
A. No sign
shall hereafter be located, erected, moved, reconstructed, extended,
enlarged, converted or structurally altered without conforming to
the provisions of this chapter.
B. Nothing
in this chapter shall be construed to prevent the erection, construction,
alteration, placement, maintenance or location of nondiscretionary
signs, devices and markings of the state, Village or other governmental
authority or the posting of notices required by law.
C. All signs
shall be constructed of such a material and posted so as to remain
in place under all weather conditions which are reasonably likely
to occur during the time which the sign is posted.
D. Prohibited
signs. The following types of outdoor signs are prohibited in the
Village:
(1) All moving, rotating, flashing or pulsating signs, except for electronic message boards as provided for in §
335-41D(3) and those signs which only give information of time and temperature and which are not closer than 750 feet to another time and/or temperature sign.
(2) All portable signs, as defined in Article
XII of this chapter, are prohibited within the Village of Elm Grove.
(3) Electronic
message board.
(a) Electronic message board (EMB), as used in this subsection, means
a sign which allows the changing of the content of the display area
by electronic or programming means without the altering of any physical
surface.
(b) An EMB may be permitted for business or institutional zoned frontage
on Bluemound Road, Pilgrim Parkway, and Wall Street at any point greater
than 220 feet east from the center line of the right of way of Elm
Grove Road for freestanding and permanent ground signage only, with
the following requirements:
[Amended 3-26-2013; 7-23-2013]
[1] The electronically changeable area of the EMB may not exceed 30% of the total sign area as defined in §
335-94.
[2] An EMB must occupy a secondary position to the name of the business
or tenant where placed.
[3] An EMB must display static images only. Flashing, blinking, moving
or other distracting features are prohibited.
[4] Text or images, or any portions thereof, on an EMB may change up
to, but not more frequently than once every 30 seconds.
[5] A message/image on a EMB shall not flash, scroll, twirl or otherwise
move when changing.
[6] An EMB must be placed and illuminated in a manner so as to not interfere
with, confuse or present any hazard to traffic.
[7] An EMB may only be used to advertise business activities, that occur
on the property where located.
In the event of a change in the sign construction, design or
illumination, a permit must be secured and shall be handled in the
same manner as an application for a new sign and must meet the requirements
of the current sign ordinances.
In the event that a temporary exterior sign shall be in place
longer than 15 days, it shall be considered to be a permanent sign,
subject to the provisions of this chapter, and penalties shall apply
with equal effect as in the case of permanent signs.
Any person aggrieved by a decision of the Zoning Administrator or Building Board under this article may appeal to the Zoning Board of Appeals under Article
IX of this chapter. In considering such an appeal, the Board of Appeals shall be guided by the standards set forth in this article.