Except as otherwise regulated herein, the regulations
of this chapter shall govern all outdoor signs, advertising structures
or devices with respect to location, safety, size, construction, erection,
attachment, support, anchorage and maintenance.
For the purpose of this chapter, the following
words and phrases shall have the meanings assigned to them in this
section:
APPROVED COMBUSTIBLE PLASTICS
Only those combustible plastic materials which, when tested
in accordance with the American Society for Testing and Materials
Standard Method of Testing for Flammability of Plastics over 0.050
inch in thickness, D635 (Latest Revision), burn no faster than 2.5
inches per minute in sheets of 0.060 inch thickness.
BASE SETBACK LINE
A.
The ultimate street line as established by the
Master Plan of the City and/or by an Official Map of the City. On
all such streets, the base setback line shall be located at a distance
from the center line of such street or 60 feet from the center point
of a cul-de-sac, unless specifically designated otherwise by the Council
of the City.
B.
The base setback line of frontage roads shall
be located at a distance from the center line of such road equal to
1/2 of the right-of-way width of said frontage road.
C.
All setback lines shall be parallel to and measured
at right angles to the center line of the street or highway.
BILLBOARD
A.
Outdoor advertising on a board, poster, panel
structure or device of any kind used or intended to be used for advertising
or display painted therein, or for the affixment, attachment or support
of printed posters or other advertising matter, and constructed, erected
and located on any premises or attached to a wall or placed on a roof
of a building or structure now owned or occupied by the person for
whose use such billboard is constructed, erected, located or attached,
and when used for purposes other than advertising, the business conducted
on such premises or in such building or structure.
B.
Such outdoor advertising constructed, erected
and located as aforesaid used for the purpose of advertising the business
conducted on premises or in a building or structure shall be deemed
a sign.
BULLETIN BOARDS
A sign not to exceed 15 square feet, located on public, charitable
or religious institutions.
CANOPY SIGN
A sign attached to or supported by a canopy.
DISPLAY SURFACE
The surface made available on the sign or billboard structure,
either for the direct mounting of letters and decorations or for the
mounting of facing material intended to carry the entire advertising
message.
FACING
The surface of the sign or billboard upon, against or through
which the message of the sign or billboard is exhibited.
HOOD SIGN
A sign attached to or supported by a hood.
LETTERS AND DECORATIONS
The letters, illustrations, symbols, figures, insignia and
other services employed to express and illustrate the advertising
message.
MASTER SIGN PROGRAM
The establishment of an identification program for any multitenant
operation within the City, including, but not limited to, office parks,
industrial parks and multitenant office and retail buildings. The
intent of a master sign program is to give a uniform theme of size,
color and style to signs in such a development. Each sign covered
by a master sign program must be permitted separately.
[Added 11-20-2007 by Ord. No. 2007-1934]
MOBILE SIGN
Any sign or billboard which lacks parts making it stationary
or which is not stationary and which is located on any premises for
longer than 48 hours.
MULTIPLE-TENANT COMMERCIAL CENTER (MTCC)
A commercial development that contains a number of separate
commercial activities in which there are appurtenant facilities, such
as parking or a pedestrian mall, and which is designed to provide
a single area in which the public can obtain varied products and services.
Distinguishing characteristics of a MTCC may, but need not, include
common ownership of the real property upon which the center is located,
common wall construction and multiple-occupant commercial use of a
single structure. For the purpose of this chapter, MTCC also includes
separate parcels sharing common walls and facilities, but not necessarily
common owners. MTCC can be office, retail, or mixed use in character.
[Added 11-20-2007 by Ord. No. 2007-1934]
OUTDOOR ADVERTISING
Any structure or device that is arranged, intended, designed
or used as an announcement, declaration, demonstration, display, illustration,
indication, symbol, insignia or emblem used to advertise, identify
or promote the interests of any person when the same is placed out
of doors in view of the general public, and shall include the supports,
uprights, bracing, framework and trim.
PLANNED DEVELOPMENT
A collection of like-use buildings, residential (in the case
of mixed-use development), office, or industrial in nature, designed
and constructed contemporaneously and in close proximity to each other
as part of a single integrated project, including, but not limited
to, office or industrial parks.
[Added 11-20-2007 by Ord. No. 2007-1934]
PROJECTING SIGN
A sign affixed or attached directly to the exterior wall
of a building or structure and extending more than 10 inches from
the exterior wall of the building or structure.
SIGN
Any outdoor advertising other than a billboard.
SUBDIVISION EMBLEM
A device, structure or symbol affixed permanently to the
ground, used and adopted as an identifying mark for the subdivided
area.
TEMPORARY SIGN
Any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or
other light materials, with or without frames, intended to be displayed
for a period not to exceed 30 days.
TRIM
The moldings, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign or billboard structure.
WALL SIGN OR WALL BILLBOARD
A sign or billboard fixed or attached directly to the exterior
wall of a building or structure and extending not more than 10 inches
from the exterior wall of the building or structure.
The following outdoor signs, advertising structures or devices shall be exempted from §
210-3:
A. Up to two signs, at the same time, for each premises or tenant space,
where applicable, appertaining to the lease, sale, or new or pending
business or commercial occupancy of any building or land, provided
that each such sign does not exceed 32 square feet in area, is located
upon the premises, and, for such a sign promoting the new or pending
business or commercial occupancy, is not existing prior to commencement
of construction occurring under a valid building permit and is removed
within 60 calendar days following occupancy, issuance of an occupancy
permit, or issuance of a conditional occupancy permit, whichever occurs
first. Each sign may be single- or double-faced and must not exceed
eight feet in height. For the purposes of this section, a residential
subdivision (including the residential component of a mixed-use development),
with an approved and executed development agreement, shall be considered
a "new or pending business," as referenced above; and for any such
residential subdivision, "60 calendar days following occupancy" shall
mean "60 calendar days after 70% of the units are sold."
[Amended 6-20-2017 by Ord. No. 2017-2279; 6-5-2018 by Ord. No. 2018-2327]
B. Signs not exceeding three square feet in size maintained
by the owner or occupant of any land or any building for the purpose
of displaying the name of the owner or occupant or for the purpose
of warning against trespasses.
C. Bulletin boards not over 15 square feet in size for
public, charitable or religious institutions when the same are located
on the premises of said institutions.
D. Memorial signs or tablets, names of buildings and
date of erection when cut into any masonry surface or when constructed
of bronze or other incombustible materials.
E. Traffic or other municipal signs, legal notices, railroad
crossing signs, danger and such temporary emergency or nonadvertising
signs as may be approved by the Common Council.
G. Letters or numerals attached to or signs painted on
glass surfaces of windows or doors.
H. Signs used in connection with movable and fixed awnings.
I. Nonilluminated signs painted on canopies, hoods and
marquees indicating only the name, street number and character of
the business of the owner, tenant or building when consisting of letters
and decorations not exceeding six inches in height.
J. Signs not to exceed 20 square feet, identifying farm
or estate property on parcels of land containing not less than three
acres.
K. Flags or banners representing the United States, State
of Wisconsin, County of Milwaukee, City of Franklin or other organizations
approved by the Council.
L. Political signs that comply with all other sections
of the this chapter, provided that they be removed within 10 days
after an election and they do not exceed 35 square feet in size in
nonresidential districts.
The following outdoor signs, advertising structures or devices shall be exempted from §
210-3D:
B. Subdivision emblems when an agreement regarding such
emblems has been entered into with the City.
C. Special decorative displays or signs in public thoroughfares
when authorized by the Council.
D. An approved sign not more than 12 square feet in area
painted on or attached to a temporary enclosure used in connection
with alterations to buildings or structures denoting continuance of
occupancy.
Any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-19.
[Added 11-20-2007 by Ord. No. 2007-1934]
A. All MTCCs and planned developments, including, but not limited to,
office parks, industrial parks, office centers, retail centers, office
and limited-business structures, and churches and schools which have
a campus, must have a master sign program if, after January 1, 2007,
more than one sign will be erected in conjunction with such building,
development, or center, as defined in this chapter, except, effective
June 30, 2017, through June 30, 2020, said requirement for a master
sign program shall become discretionary for said property owners
in order to provide a temporary waiver from this requirement to provide
a period of time for additional municipal review of the requirement.
[Amended 6-20-2017 by Ord. No. 2017-2279; 6-5-2018 by Ord. No. 2018-2327; 7-2-2019 by Ord. No. 2019-2383]
B. An application for a master sign program must first
be filed with the Department of City Development, which shall forward
it to the Plan Commission for consideration.
[Amended 8-3-2021 by Ord. No. 2021-2475]
C. Each individual sign proposed in accordance with an
approved master sign program must be applied for and permitted separately
in accordance with this chapter, and in no event shall any recommendation
or approval of a master sign program be deemed an approval of or a
permission to construct any particular sign under that program. All
applications for permits for such signs must be filed with the Department
of City Development for approval under the terms and conditions of
the previously approved master sign program, except the application
must specify in exact terms any sign characteristics which the master
sign program considered in general or nonspecific terms or measurements.
The Department of City Development may approve or deny such application
or may forward the application to the Plan Commission for its denial,
approval, or approval with conditions or modifications, including
but not limited to modification of the previously approved master
sign program, provided such modification was duly noticed and the
master sign program application fee is paid.
[Amended 8-3-2021 by Ord. No. 2021-2475]
D. The Plan Commission shall hear all requests for the
establishment or amendment of a master sign program, make written
findings, and approve, modify, approve with conditions, or deny such
requests.
E. A master sign program, as presented to the Plan Commission,
shall include the following components:
(1) An aesthetically developed theme on color, size, and
style;
(2) A proposed location of all permanent signs for the
building, development, or center, which considers that, where possible,
wall signs shall be centered over tenant spaces;
(3) The proposed size of individual signs, which may be
expressed in maximums and minimums for purposes of the proposed master
sign program;
(4) The following categories of signs may be proposed
and approved for inclusion in a master sign program:
(a)
Master identification sign: a freestanding monument
sign which identifies a MTCC or planned development;
(b)
Tenant identification sign, separate from such
identification that may be made as part of a master identification
sign:
[1]
Tenant identification signs at individual tenant
entrances in an office center may not exceed four square feet in area
if permitted.
[2]
Retail tenants occupying not less than 20% of
an office and limited business structure with individual entrances
to the exterior may be allowed tenant identification similar to tenants
in retail centers. In both instances, the area of such signage shall
not exceed 1.5 times the lineal front foot of the space occupied unless
provided a special exception.
(c)
Tenant/service/product directory board for an
office center or office and limited business structure;
(e)
Traffic directional signs;
(f)
Wall signs for retail centers; and
(g)
Such other signs as requested by the applicant.
(5) Nature and characteristics of signage proposed, i.e.,
individual letters, box, etc.;
(6) Blueprints, drawings, and written policies governing
the color, size, style, location and other features of the proposed
signs, including but not limited to the proposed allocation or distribution
of the total signage allowance to individual tenants or tenant spaces;
and
(7) An acknowledgement of the authority identified in Subsection
I of this section.
F. Review criteria. The Plan Commission, in its discretion,
will consider the following and/or other factors as it deems appropriate.
(1) Scale and proportion: All signs shall be in scale
and proportion in their design and their relationship to other signs,
buildings, and surroundings.
(2) Integral elements: Signs shall be designed as integral
architectural elements of the building and the site and not appear
as add-ons or intrusions.
(3) Harmonious design: The colors, materials, and lighting
of each sign shall be compatible and harmonious with the design of
the building and the site.
(4) Composition: The graphic design elements of the sign,
including consideration that the size of individual sign letters shall
be in reasonable proportion to the area of the facade of the building
or tenant space.
(5) Compatibility: Signs shall be compatible with signs
on adjacent properties.
(6) Unified image: The proposed signs submitted as part
of the master sign program review shall provide a unified image for
the development.
(7) Type and location of the building and development
site.
(8) The proposed tenant mix and proposed allocation or
distribution of the total signage allowance to individual tenants
or tenant spaces, which allocation or distribution may be restricted
or conditioned within a master sign program.
(9) The size of the development.
G. Master identification signs.
(1) The purpose of the master identification sign is to
advertise a center. Therefore, for an MTCC or planned development,
a minimum of 50% of the sign must be devoted to center identification,
rather than individual tenants.
(2) Application for a master identification sign shall be made in accordance with Subsection
C. The following entities may make such application:
(a)
Retail or mixed-use MTCC or planned developments
of five or more individual tenants or at least fifty thousand (50,000)
square feet of building area;
(b)
Office MTCC or planned developments of five
or more tenants having exterior entrances;
(c)
Office parks and industrial parks; and
(d)
Developments that have multiple entry points
(e.g., churches, schools), where multiple buildings are used, along
with multiple uses, and where a need to direct traffic within the
campus exists.
(3) MTCCs or planned developments of four or fewer tenants may not make application for a master identification sign except as provided in Subsection
G(2)(a) of this section.
(4) Architecture of master identification signs. Master
identification signs must be architecturally integrated with the principal
building on the property. The following considerations must be made
when designing a master identification sign:
(a)
The base of the sign must be constructed of
masonry products. The tone and texture of the base shall reflect the
principal building construction as close as possible. The base of
the sign must be equal or larger in width to the sign face.
(b)
The color scheme of the sign shall follow the
color scheme of the principal building.
(c)
Architectural features (such as sills, piers,
reveals, capstones, medallions, etc.) which are part of the architectural
makeup of the building shall be incorporated into the sign.
(d)
The sign face shall be constructed of aluminum,
masonry, or similar products. Polycarbonate backgrounds shall be prohibited,
unless this cannot be achieved (i.e., changeable copy), in which case
the Plan Commission may approve the sign face in its discretion.
(5) Area of master identification signs.
(a)
MTCCs or planned development under 100,000 square
feet of building area may be permitted one freestanding sign of no
more than 120 square feet in area for primarily retail development
and 100 square feet in area for primarily office or nonretail development.
(b)
MTCCs or planned developments between 100,000
square feet and 500,000 square feet of building area may be permitted
one freestanding sign per arterial street of no more than 120 square
feet in area each, subject to Plan Commission discretion and approval.
(c)
The signage area for MTCCs or planned developments
over 500,000 square feet of building area shall be determined by the
Plan Commission.
(d)
The area of a master identification sign does
not count toward the maximum total signage area allowed, unless otherwise
determined at the discretion of the Planning Commission.
(6) Master identification signs shall meet open space
requirements, as may be determined by the Plan Commission.
(7) The Plan Commission shall not approve any master identification
sign greater than 18 feet in height for retail, office, or mixed use,
except for a MTCC or planned development over 500,000 square feet
in building area, which height shall be subject to the discretion
of the Plan Commission considering the factors set forth in Subsections
C(2) and F of this section.
(8) No freestanding signs other than the master identification sign(s) allowed pursuant to this section, a development identification sign per Subsection
G(9) and entrance markers, informational signs, and traffic directional signs without advertising reference and not in excess of four square feet will be permitted for any MTCC or planned development, except as otherwise provided by special exception. If a tenant's name is part of the MTCC or planned development name, the tenant's name may not be repeated elsewhere on the sign, unless otherwise permitted by the Plan Commission in its discretion considering name and sign proportions and other evaluation factors identified in this chapter.
(9) Unless specifically exempted by the provisions of the master
sign program for the MTCC or planned development, the master identification
sign shall conform to all of the sign code requirements (except for
those governing number and area) for individual sign types found elsewhere
in this chapter.
H. Authorized special exceptions. In conjunction with
the approval of the master sign program for a MTCC or planned development,
the Plan Commission may authorize limited special exceptions to the
regulations included in this chapter. Such special exceptions will
be permitted only when, in the sole discretion of the Plan Commission,
the applicant demonstrates that they are necessary to provide an improved
comprehensive solution considering the factors and review criteria
as set forth in Subsections C(2) and F of this section and to address
special circumstances and needs that may exist with said MTCC or planned
development. The special exceptions permitted are limited to the following:
(1) Wall signs: may deviate from the requirement that
wall signs be located with the tenant space or occupancy to which
the signs refer.
(2) Monument signs: may modify the number of monument
signs, the thirty-foot facade setback requirement, the height limitations
up to the height of the principal building to which the sign pertains,
the proximity to another monument sign, and the sign area limitations
up to the maximum of 150 square feet per sign (as long as the total
permitted sign area for either the occupant or the premises is not
exceeded).
(3) Tenant identification signs: may deviate from the
size area limitations set forth in this section.
(4) Master identification signs: may deviate from the requirements set forth in Subsection
G(4) and
G(5) of this section.
(5) The total amount of signage permitted under §
210-4C(1)(d) and
(e) may be increased by up to 100%.
I. Temporary signs, window signs, and other devices to
attract attention. Any master sign program approved hereunder may
be modified at any time at the discretion of the City of Franklin
or the Plan Commission to prohibit, further restrict, or place requirements
upon the use of, restrictions on, and standards or requirements for
temporary signs, window signs, interior signs visible to the exterior,
and devices intended primarily to attract attention. This subsection
shall in no way limit any rights or authority the City or Plan Commission
may otherwise have in relation to signs and master sign programs.
[Added 11-20-2007 by Ord. No. 2007-1934]
Signs placed on or affixed to vehicles and/or
trailers, which are parked on a public right-of-way, public property,
or private property so as to be visible from a public right-of-way,
where the apparent purpose is to advertise a product or direct people
to a business or activity located on the same or nearby property,
are prohibited. This provision shall not prohibit signs placed on
or affixed to vehicles and/or trailers, such as lettering on motor
vehicles, where the sign is incidental to the primary use of the vehicle
or trailer.
[Added 5-5-2015 by Ord.
No. 2015-2172]
A. Purpose of appeals. Sign code variances are intended to allow flexibility
to the sign regulations while still fulfilling the purpose of the
regulations. Nothing in this section, however, is intended to permit
the erection or maintenance of signs which are prohibited in this
chapter.
B. Duties of Board.
(1) The Board shall have the power, and it shall be its duty, to hear
and decide administrative appeals where it is alleged there is error
in any order, requirement, decision, initial determination, review
of initial determination, or interpretation made in the enforcement
of this chapter. In exercising this power, the Board may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision
or determination as appealed.
(2) The Board shall have the power, and it shall be its duty, to hear and decide a request for a variance on all applications of this chapter, including but not limited to relief concerning setbacks. The Board may grant a variance request if the Board finds, in its sole determination, that exceptional circumstances warrant approval of the variance. To establish exceptional circumstances, the Board must find one of the following [Subsection
B(2)(a) or
(b)]:
(a)
To establish exceptional circumstances, the Board must find
all of the following:
[1]
That the circumstances are not of the applicant's making;
[2]
That the applicant's request mitigates unusual site conditions;
[3]
That the applicant's request would not result in unacceptable
aesthetic characteristics that may depreciate property values or otherwise
create a detriment to the neighborhood;
[4]
That the applicant's request is consistent with the spirit and
intent of this chapter;
[5]
That compliance with this chapter would create a hardship or
be unduly burdensome; and
[6]
There shall be no public harm.
(b)
To establish exceptional circumstances, the Board must find
all of the following:
[1]
That the proposed sign is unique and of exceptional design or
style so as to be aesthetically pleasing and enhance the area;
[2]
That the applicant's request would not result in unacceptable
aesthetic characteristics that may depreciate property values or otherwise
create a detriment to the neighborhood;
[3]
That the applicant's request mitigates unusual site conditions,
if any;
[4]
That the applicant's request is consistent with the spirit and
intent of this chapter; and
[5]
There shall be no public harm, and there shall be public benefit.
C. Procedures.
(1) After denial of a sign permit, but not more than 30 days after said denial, an applicant who desires an administrative appeal of an administrative determination, per Subsection
B(1) above, may request a hearing before the Board of Zoning and Building Appeals by submitting a written application to the Department of City Development. The request for review shall specify the nature of the appeal. A fee, as may be set forth in §
210-3D of the Municipal Code, shall be required from the applicant at the time that an application for variance is made.
(2) After denial of a sign permit, but not more than 60 days after said denial, an applicant who desires a variance from any provision or requirement of this chapter may request a hearing before the Board of Zoning and Building Appeals for such a variance by submitting a written application to the Department of City Development. The request for review shall state the reason(s) upon which the person contends that the variance should be granted, which should address circumstances identified in Subsection
B(2) above. A fee, as may be set forth in §
210-3D of the Municipal Code, shall be required from the applicant at the time that an application for variance is made.
D. Standards of review. In addition to factors related to the circumstances identified in Subsection
B(2) above, the Board of Zoning and Building Appeals may review such requests for variances utilizing the additional following criteria, applied in its sole determination:
(1) Area enhancements.
(a)
The proposed sign is unique and of exceptional design or style
so as to enhance the area.
(b)
The sign as proposed will result in an enhancement of the overall
character of a neighborhood and/or development.
(2) Site difficulties. Unusual site factors preclude the construction
of a sign in accordance with this chapter which would be reasonably
visible to the roadway adjacent to the site frontage.
(3) Undue concentration. The sign as proposed will not result in an undue
concentration of signage which renders it difficult or confusing to
read existing signs.
E. Granting of variance or appeal.
(1) Should the Board of Zoning and Building Appeals find that an appeal
or variance should be granted, the application will be forwarded to
the Zoning and Building Administrator with directions to issue a permit
in accordance with its decision. If the Board finds that an appeal
or variance should not be granted, it shall cause the applicant to
be informed of the decision and of the reasons for such decision,
in writing, within 10 days of the date of such decision.
(2) A majority vote of the members present of the Board of Zoning and
Building Appeals shall be necessary to reverse any order, requirement,
decision or determination of the Building Inspector, or to decide
in favor of the applicant on any matter upon which it is required
to pass under this chapter, or to effect any variation in this chapter.
(3) The Board may impose reasonable conditions to ensure compliance and
to protect nearby or adjacent properties. A violation of such conditions
shall constitute a violation of this chapter.
(4) The Board may, at its sole discretion, table a matter to a future
meeting(s) in order to obtain additional information prior to reaching
a decision.
(5) The Board may consider compensating adjustments to location, height,
size, number, or appearance of signs on the site or in the vicinity
and under the control of the applicant as a condition of any variance
granted.