ORD20011084a
AMENDED
ORDINANCE #I084
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.09,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Definitions and Signs)
The Common Council of the City of Muskego. Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17, Sections 2.02 and 6.09, of the Municipal Code of the City of
Muskego, Wisconsin is hereby amended and made a part of the Municipal Code as
adopted by Ordinance #I 084, as amended.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms conflict with the
SECTION 4: This ordinance is in full force and effect from and after its passage and
publication.
0 provisions of this ordinance are hereby repealed as to those terms that conflict.
PASSED AND APPROVED THIS 12Ih DAY OF FEBRUARY ,2002
(lf ~
David L. De A'ngelis, Mayor
C1.W OF MUSW
/ \ c~-f~ _d.;- /
David L. De A'ngelis, Mayor
First Reading: 10/23/01
Deferred: 11/13/01, 11/27/01, 12/11/01
1/8/02, 1 /22/02
ATTEST, Published this 2IsT day of m, 2002
@rk Treasurer
r
L
STATE OF WSCONSW
Milwaukee County 1
) ss.
Official Notice
kanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
WSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsjn and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
lherein on
,.. ,.
(SEAL) My Commission expires. "(:! 3-9.3.
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I084
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.09,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Definitions and Signs) 0
The Common Council of the City of Muskego. Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17. Sections 2.02 and 6.09, ofAhe Municipal Code of the City of
Muskego, Wisconsin is hereby amended and mad a part of the Municipal Code as
adopted by Ordinance #1084.
SECTION 2: A copy of said Ordinance has peen d oqfi1e"in the Oftice of the City Clerk-
Treasurer and open to public inspection foyhot less t$an,two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorpoiated into the Municipal Code of
the City.
//
e are declared to be severable. If
a decision of a court of competent
, such decision shall apply only to
d In the decision, and not affect the
portion thereof of the ordinance which shall
remain in full force and ce whose terms conflict with the
ealed as to those terms that conflict.
and effect from and after its passage and
publication.
,2001
CITY OF MUSKEGO
David L. De Angelis, Mayor
First Reading:
Published this day of
November ,2001
Clerk Treasurer
10I01imb
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo84
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.09,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Definitions and Signs)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is hereby
repealed and recreated to read as follows:
2.02 SPECIFIC WORDS AND PHRASES
When used in this Ordinance the following words and phrases shall have the specific
meanings as hereinafter defined:
Ord. #lo84 Page 2
Acre, Gross: The total area of a parcel of
land. One acre equals 43,560 square feet.
Acre, Net: A measure of developable land
waterways. and wetlands.
area afler excluding dedicated rights-of-way,
Agriculture and Related Activities: The
use of land for agricultural purposes,
including farming, dairying, grazing land,
animal and poultry husbandry, greenhouses,
and including the necessary accessory uses
nurseries, livestock and poultry confinement.
farm products. The use of the word “farm”
for packing, treating, storing, and shipping of
‘agriculture.”
shall have the same meaning as the word
Average Daily Traffic (ADT): The average
number of cars per day that pass over a
given point.
Awning: A roof-like cover that is temporary
or portable in nature and that projects from
the wall of a building for Ihe purpose of
elements and is periodically retracted into
shielding a doorway or window from Ihe
the face of the building.
Banner: Any non-rigid temporary medium
(typically, although not exclusively
rectangular in dimension) onto which
characters and/or symbols are applied for
the purpose of conveying a message. (See
6.09( 13))
mounted on poles, lights (stanchions) etc.
within a property, manufactured from a
permanent-type material and professionally
Ord. #IO84 Page 3
Base Setback Area: The land lying
between the edge of the existing street right-
of-way line and the Base Setback Line.
Base Setback Line: The line from which all
corresponds to the established ultimate
required setbacks are measured, which line
street right-of-way line as set forth in Section
5.02(2)A.
which, if occupied for living purposes, shall
Basement: A story partly underground
be counted as a story for purposes of height
measurement.
where meals and lodging are offered for
Boarding House: A building or premises
compensation for 5 or more persons, but not
more than 12 persons and having no more
than 5 sleeping rooms for this purpose. An
establishment where meals are served for
compensation for more than 12 persons
shall be deemed a restaurant. An
eslablishment with more than 5 sleeping
rooms shall be deemed a hotel or motel.
structure located close to the ordinary high
Boat House: A detached accessory
water mark and designed and used
principally for the storage of boats and
accessory marine equipment normally used
and which typically includes a large
in the daily activities of lakefront property
overhead door for primary access on the
side of the structure facing the water,
Building: Any struclure used, designed or
intended for the roofed shelter, enclosure, or
protection of persons, animals or property.
Building, Accessory: A building or portion
of a building used for a purpose customarily
incident to the permitted principal use of Ihe
lot or to a principal building and located on
the same lot as the principal use.
Building, Principal: The building on a lot in
which is conducted the principal use as
permitted on such lot by the regulations of
the district in which it is located.
Building, Height: The vertical distance
from a point on grade to the highest point
measured. The method of calculatina
building height is found J?, Section
17:5.03(3). r-
Building Site and Operatiwan: The
development plan for one or more parcels
on which is shown the existing and
proposed conditions of the lot, including:
floodplains;
topography;
wetlands;
vegetation; drainage;
landscaping and open spaces; walkways;
waterways;
means of ingress and egress; circulation;
utility services; structures and buildings;
signs; lighting; berms, buffers, and
screening devices;
development; and any other information
surrounding
deemed necessary by the Director of
Planning or the Plan Commission.
Canopy: - See Awning.
Civic organization: A public facility or
property.
Clinic, Medical or Dental: A group of
medical or dental offices organized as a
unified facility to provide medical or dental
treatment as contrasted with an unrelated
Ord. #lo84 Page 4
group of such offices. but not including bed-
patient care.
Density, Gross: The numerical value
obtained by dividing the total number of
dwelling units in a development by the gross
area of tract of land (in acres) within a
development.
Density, Net: The numerical value obtained
by dividing the total number of dwelling units
tract of land (in acres) upon which the
in a development by the area of the actual
dwelling units are proposed to be located
and including common open space and
area; the result being the number of dwelling
associated recreational facilities within the
units per net residential acre of land. Net
density calculations exclude dedicated
rights-of-way, waterways, and wetlands.
Development: Any human-caused change
to improved or unimproved real estate that
requires a permit or approval from and
agency of the City, County. or State,
including but not limited to, buildings or other
structures. mining, dredging, filling, grading,
paving, excavation or drilling operations, and
storage of materials.
EngineeringlBuilding Inspection Director:
The City Building Inspector or any other
officer charged with the administration and
enforcement of the Building Code or his duly
authorized deputy.
Display Surface: - Display surface is the
the purpose of displaying the advertising
area made available by the sign structure for
message.
following traits: excessive pealing paint,
Disrepair: Contains one or more of the
eroding message@), dead landscaping (in
season), missing pieces (access doors,
excessive masonry decay, etc.). missing
panels (message panels), andlor excessive
rust.
Duplex: A building containing two single
family dwelling units totally separated from
each other by an unpierced wall extending
from ground to roof. (Cr. #205)
Dust-Proofing: An application of SC-4
granular materials at a rate of 1.2 gallons
asphaltic material placed on a base of
per square yard for the first application, with
additional applications of asphaltic rnaterial
placed if deemed necessary by the City.
Application of asphaltic material shall not be
applied when the temperature is below 60
degrees F. (Ord. M55 - 5-10-83)
residential structure designed to house a
Dwelling, Single Family Attached A
with private entrance, but not necessarily
single family unit from lowest level to roof,
occupying a private lot. and sharing a
common wall between adjoining units.
residential structure designed to house a
Dwelling, Single Family Detached: A
on all sides by a private yard.
single family on a private lot and surrounded
thereof designed for and occupied by 2 or
Dwelling, Multiple: A building or portion
apartment houses and apartment hotels.
more families, including 2 family "flats",
complete. independent living facilities for
Dwelling Unit: A single unit providing
one or more persons, including permanent
provisions for living, sleeping, eating.
cooking, and sanitation.
Extractive Operations: The removal of
rock, slate, gravel, sand, topsoil, or other
natural rnaterial from the earth by ~~
excavating. stripping, leveling or any other
process.
~.
Family: One or more persons occupying
the premises and living as a single
housekeeping unit, as distinguished from a
group of individuals occupying a
fraternity or hotel.
boardinghouse, lodging house, club,
Floor Area: The square feet of floor space
within the outside line of walls, including the
total of all space on all floors of a building or
structure.
Floor Area Ratio: (FAR) The total floor
area of buildings, expressed as a
percentage ratio to the total area of the lot.
Ord. #lo84
Floor Area, Assessed: The measurement
of a structure's living area from outside wall
to outside wall, inclusive of closets, storage
areas, and seasonal rooms, but excluding
unfinished basements, unfinished attics. and
attached garages
Garage, Attached: A public or private
garage, the roof of which is connected to the
principal building.
Garage. Private: A structure in excess of
120 square feet used for the storage of
private motor vehicles, and which structure
is accessory to the residential use of the
property on which it is located.
Garage, Public or Commercial: Any
garage not falling within the definition of
"private garage" as herein established, and
used for storage. repair, rental or servicing
of motor vehicles.
Gasoline service Station: A place where
gasoline, kerosene, or any other motor fuel
or lubricating oil or grease for operating
motor vehicles is offered for sale to the
public and deliveries are made directly into
motor vehicles, and including facilities, for
greasing, oiling, washing and minor repair of
vehicles on the premises, but not including
major automatic car washing or any body
repair facilities.
finished street at the centerline or curb as
Grade, Established: The elevation of the
fixed by the Engineer or by such authority as
shall be designed by law to determine such
an elevation.
Guest House: An attached or detached
accessory building used to house guests of
the occupants of the principal building, and
which is never rented or offered for rent.
Page 5
Hard Surface: Bituminous Asphaltic
Concrete or Portland Cemenl Concrete of at
least 2-1/2" thickness. (Ord. #455 - 5-10-83)
Highway: See Street. Major Arterial
Home Occupation: A gainful occupation
conducted by members of the family, within
it s place of residence, where the space
used is incidental to residential use and no
article is sold or offered for sale except as is
produced by such home occupation.
Hospital: An institution intended primarily
for the medical diagnosis, treatment. and
care of patients being given medical
treatment. A hospital shall be distinguished
from a clinic by virtue of providing for bed
patient care.
Hospital, Animal: An establishment
providing for medical care and treatment of
animal pets, but distinguished from a clinic
by virtue of providing for bed patient care.
without meals, is offered for compensation
Hotel: A building in which lodging with or
and which may have more than 5 sleeping
room for this purpose, but not including
kitchen facilities in individual rooms.
Impervious Surface: Any hard surfaced,
or retain water, including but not limited to,
man-made area that does not readily absorb
building roofs, paved parking and driveway
areas, patios, and sidewalks.
Inflatable Advertising:
Inflatable.
See Sign,
Kennel, Hobby: A non-commercial
establishment associated with a single
household in which dogs or other animals
and pets are kept. bred, and raised.
Kennel, Commercial: An establishment
where dogs or other animal pets not part of
the actual household on the lot on which the
facility is located are raised, bred, or
boarded.
Land Use: A description of how property is
occupied or utilized.
Legal Nonconformity: The zoning status
of a structure or parcel of land which, or the
use of which, though legal prior to the
with one or more of the provisions of this
passage of this ordinance does not comply
ordinance.
Ord. #IO84
Limits, Highway and Street: Include all the
ultimate right-of-way, encompassing the
traveling portion of the highway or street, Ihe
shoulders, the ditches. and adjacent
dedicated areas.
Lodging House: A building where lodging
only is provided for compensation and
having not more than 5 sleeping rooms for
this purpose.
Lot: A single parcel of contiguous land
occupied or intended lo be occupied by such
slruclures and uses as permitted under this
ordinance together with the open spaces
required by this ordinance, and abutting on a
public street or officially approved way.
Lot, Double Frontage: A parcel which
fronts on two parallel streets or that fronts on
the Iwo streets which do not intersect at the
boundaries of the 101.
Lot Area: The area of contiguous land
bounded by lot lines, exclusive of land
provided for public thoroughfare, but
including lands located between a meander
line and the Ordinary High-water Mark
(OHM) of a navigable waterway.
Lot Lines: The lines bounding a lot as
defined herein.
Marquee - Permanent roofed structure
attached to and supported by the building.
See also Sign, Projecting.
which lodging only is offered for
Motel: A building or series of buildings in
compensation and which may have more
than 5 sleeping rooms or units for this
purpose and which is distinguished from a
hotel primarily by reason of providing direct
parking for, each rental unit.
independent access to, and adjoining
judged by the Plan Commission, on referral
Murals: Artwork or other pictorial display
of the Planning Director or designee, not to
be signage and shall be exempt from this
Ordinance.
Non-Conforming Structure: A structure
which does not conform to the Building
Location, Height or Building Size regulations
of the district in which it is located.
Non-Conforming Use of Structure: An
activity that was lawful prior to the adoption,
revision, or amendment of the Zoning
Ordinance, but fail by reason of such
Page 6
conform to the present requirements of the
adoption, revision, or amendment to
zoning district.
conform to the Lot Size Regulations of the
Non-Conforming Lot: A lot which does not
district in which it is located.
Non-Conforming Use of Land: A use of
any land in a manner where said use does
not confwm to the Use, Residential Density.
or Open Space Regulations of Ihe District in
which it is located.
Off-streel Parking Space: The area on a
lot designed lo accommodate a parked
motor vehicle as an accessory service to the
use of said lot and with adequate access
of satisfying parking requirements of lhis
lhereto from the public streel. For purposes
ordinance an off-slreet parking space shall
be an area of no less lhan 160 square feet.
Offset: The shortest horizontal distance
between any structure and a lo1 line, other
than a street line.
Open Space: An unoccupied space open to
the sky on the same lot wilh the building and
no1 used for parking or driveway purposes.
Outdoor Recreational Facilities: Land and
structures, along with accessory equipment
designed and utilized for leisure time
aclivilies of a predominantly "outdoor"
nature and of more specific purpose than
passive park-like open areas, and further
classified as follows:
Public: Facilities owned and operated
by a governmental agency for limited or
general public use.
Private: Commercial: Facililies owned
and operated by an individual or group
for profit as a business whether or not
open to general public use.
Private NonGommercial Group:
Facilities owned and operated by a
group for Ihe exclusive use of the
members of such group and their guests
and not for profit as a business.
Private Residential: Facilities owned
by an individual located on the same or
adjoining lot to his residence, and
intended solely for the use of this family
and guests.
Ord. #lo84 Page 7
Pennant: Tapered or dove-tailed banner,
sign, streamer or flag, with or without any
representation or writing thereon, and
temporary in nature. National flags, flags of
political subdivisions and symbolic flags of
any institution or business shall not be
categorized as banners.
Planning Director: The Planning Director
or hislher deputy is the City officer charged
with the administration and enforcement of
the Zoning Ordinance (also Zoning
Administrator).
area of a building for purposes of
Primary Floor Area (P.F.A.): The floor
determining required parking ratios. which
area shall include only that portion of the
total floor area devoted to customer service.
sales and office space and shall not include
warehouse, utility, hallways and other
accessory space which does not generate
parking demand.
Private Club or Lodge: A structure or
grounds used for regular or periodic
meetings or gatherings of a group of
persons organized for a non-profit purpose,
but not groups organized to render a service
customarily carried on as a business.
Professional Office: The office of a doctor.
dentist, minister, architect, landscape
architect. professional engineer, lawyer,
author. artist. musician or other similar
recognized profession.
Reader Board: A sign having changeable
letters used to announce special events,
products. services or sales.
Road: Synonymous with street.
Roadside Stand: A farm building used or
intended to be used solely by the owner or
tenant of the farm on which such building is
located for the sale of the farm products
raised on said farm.
Rooming House: Same as Lodging House.
Operations"
Sand and Gravel Pits: See "Extractive
any structure and the base setback line.
Setback: The shortest horizontal distance
Shed, Private Garden: A structure equal to
or less than 120 square feet in area, which
property and used for incidental storage.
is accessory to the residential use of the
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Sign: Sign is any medium including its
structure and component parts, which is
used or intended to be used to attract
attention to the subject matter for advertising
purposes other than paint on the surface of
a building. For the purpose of this
Ordinance, coloration andlor striping on
canopies shall not be considered signage
and shall be allowed if it contributes to the
overall theme and design of the property.
Sign, Abandoned: A sign which no longer
correctly directs or exhorts any person,
advertises a bona fide business, lessor,
owner, product or activity conducted, or
product available on the premises where the
sign is displayed.
Sign, Area: Area of copy enclosed by one
continuous line, connecting the extreme
points or edges of a sign. The area shall be
determined using the largest sign area or
silhouette visible at any one time from any
point.
Sign, Agricultural Produce: Signs for the
purpose of advertising agricultural produce
available at a roadside produce stand or
farm.
Sign, Awning, Canopy, or Marquee: A
sign that is mounted. painted. or attached to
an awning, canopy, or marquee that is
otherwise permitted by ordinance. See also
Sign, Projecting.
Ord. #IO84 Page 8 I
Sign, Directional: A sign intended solely
for the purpose of directing patrons or
customers to an establishment off the main
traveled road and not including promotional
advertising unnecessary to such directional
purpose.
Sign, Electric Sign containing electrical
Hiring. but not including sign illuminated by
an exterior light source.
supported by a sign structure, unique to that
Sign, Freestanding: - Sign wholly
sign, anchored in the ground.
Sign, Ground: Any sign, other than a pole
sign, where the entire base of the sign is in
contact with the ground and is independent
of any other structure. Said sign shall not
measure more than 7 feet in total height
above grade
.....
THE hCl'lE
Sign, Illuminated: A sign lighled by or
on or in the sign or directed toward the sign.
exposed to artificial lighting either by lights
Sign, Inflatable: Any display capable of
being expanded by air or other gas and
used on a permanent or temporary basis to
advertise a product or event.
Sign, Off Premise: A sign that directs
or entertainment conducted, sold, or offered
atlention to a business, commodity, service,
which the sign is located.
at a location olher than the premises on
Sign, On-Site Informational: A sign
commonly associated wilh, but not limited
to, information and directions necessary or
convenient for visitors coming on the
and exits. parking areas, circulation
property, including sign marking entrances
direction, rest rooms, and pick-up and
delivery areas.
Sign, Quasi-Public Informational: Non-
commercial signs of a general informalional
nalure such as community welcome, safety
warning, or other similar nature.
Sign, Pole A sign that is mounted on a
reestanding pole or other support so that
he bottom edge of the sign face is seven (7)
'et or more above grade.
Ord. #IO84
~__
Page 9
Sign, Political: A temporaj sign
mnouncing or supporting political
:andidales or issues in connection with any
lational, state, or local election.
~~
Sign, Portable: A sign that is not
permanent. affixed to a building, structure.
or the ground.
Sign, Projecting: Projecting sign shall
mean a siqn other than a wall sian. which
projects from and is supported by a wall of a
building or structure, extending out beyond
12 inches from the point of attachment.
typically having 2 or more viewable sides,
but for the purpose of this ordinance, only
one side need be counted as a side for
measuring its allowable area and sign count.
canopies shall also be considered projecting
Signs printed on or affixed to awnings and
sions.
Ord. #lo84 Page 10
sign, Price and Temporary Item: Rigid
;igns of a professional quality which
advertise the price of a product or service
Jffered on the premises or of special
emporary goods or services being sold or
Jffered. A "sandwich board" sign is an
?xample of a price and temporary item sign.
Sign, Real Estate: A sign relating to the
sale or lease of the premises, or a portion of
the premises, on which the sign is located.
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Sign. Roof: A sign that is mounted on the
roof of a building or that is wholly dependent
upon a building for support and that projects
above the top walf or edge of a building with
a flat roof, the eave line of a building with a
gambrel, gable, or hip roof, or the deck line
of a building with a mansard roof.
Sign, Temporary: Shall include any sign,
banner, pennant, valance, or advertising
display intended to be displayed for a limited
period of time only.
Sign, Theatre: A sign having changeable
letters used to announce periodic events
and showings pertain to the performing arts
and are offered at the location where the
sign is displayed.
Sign, Wall: A sign painted on a building
and all other signs connected to or erected
against the wall of a building or structure.
Nith the exposed face of the sign in a plane
parallel to the plane of said wall where no
part of the sign structure extends more than
12 inches out from the facade as measured
near the points of attachment or contact to
the building. Wall signs are permitted only
3n walls with street facings with a maximum
3f two building sides per building. For
purposes of this
jtoreslbusinesses in shopping centers shall
ordinance,
Zount the wall facing the main customer
parking area as a street facing. For the
wrpose of this Ordinance, canopy
Zoloration andlor striping shall not be
:onsidered wall signage and shall be
Dermitted but regulated to the extent allowed
3y 6.09(3)(s).
Sign Structure: Supports or materials
capable of supporting any sign as defined in
this Ordinance. A sign structure may be a
single pole or may or may not be an integral
part of the building.
Solar Access: A property ownet's right to
have the sunlight shine on the owner's land.
of devices, structure, or part of a device or
Solar Collector A device, or combination
structure that transforms direct solar energy
into thermal, mechanical, chemical, or
electrical energy and that contributes
Ord. #lo84 Page 11
significantly to a structure’s energy supply.
(Ord. #411 - 6-23-81)
Story: That portion of a building included
between the surface of a floor and the
surface of the floor next above it, or, if there
the floor and the ceiling next above it. A
be no floor above it, then the space between
basement or cellar having one-half or more
of its height above grade shall be deemed a
story for purposes of height regulations.
Street: A public or private right of way
usually affording primary access to abutting
property.
Street, Frontage: A street contiguous and
parallel to a traffic artery and affording direct
vehicular access to abutting property.
Street, Hierarchy: The conceptual
arrangement of streets based upon function.
A hierarchal approach to street design
classifies streets according to function, from
high-traffic arterial roads down to streets
whose function is residenlial access.
Systematizing street design into a road
hierarchy promotes safety, efficient land
use, and residential quality.
control, channelized intersections. restricted
Street, Major Arterial: A street with access
traffic to and from minor arterials.
parking, and lhat collects and distributes
Street, Minor Arterial: A street with signals
at important intersections and stop signs on
the side streets and that collects and
distributes traffic to and from collector
streets.
Street, Minor Access: The lowest order of
residential street (See Street Hierarchy).
Provides fronlage for access to private lots,
and carries traffic having destination or
origin on the street itself. Designated to
should not exceed 250 ADT at any point of
carry traffic at slowest speed. Traffic volume
traffic concentration. The maximum number
of housing units should front on this class
street.
Street, Collector: The highest order of
Conducts and distributes traffic between
residential street (See Street Hierarchy).
lower-order streets and higher-order streets
function is to promote free traffic flow,
(arterials and expressways). Since its
access to homes and parking should be
prohibited. Collectors should be designed to 0
prevent use as shortcuts by now
neighborhood traffic. Total traffic volume
should not exceed 3,000 ADT
Street, Rural Cross-section Arterial: A
Major or Minor Arterial Streef characterized
stormwater run-off.
by the use of open ditch swales to convey
Street, Subcollector. Middle order of
residential street (See Street Hierarchy).
Provides frontage for access to lots and
carries traffic to and from adjoining
residential access streets. Traffic should
have origin or destination in the immediate
exceed 500 ADT at any point of traffic
neighborhood. Traffic volume should not
concentration.
Street, Urban Cross-section Arterial: A
by the use of curb and gutter, catch basins,
Major or Minor Arlerial Streef characterized
and pipes to convey stormwater run-off.
Street Line: A dividing line between a lot.
tract or parcel of land and a contiguous
street.
Structure: A combination of materials other
than natural terrain or plant growth erected
or constructed lo form a sheller, enclosure,
retainer, container, support. base, pavement
or decoration.
Structure, Principal: A structure used or
intended to be used for the principal use as
permitted on such lot by the regulations of
the district in which it is located.
Structure, Accessory: A structure or
portion of a structure used for a purpose
customarily incident to the permitted
principal use of the lot and localed on the
same lot as the principal use.
Structure, Permanent: A structure placed
on or in the ground or attached to another
structure in a fixed and determined position,
and intended lo remain in place for a period
of more than 9 months.
Structure, Temporary: Any structure other
than a permanent structure.
Structural Alterations: Any change in the
substantial change in the roof structure or in
supporting members of a building or any
the exterior walls.
Substantial Landscape Base Area: A
planting space at the base of a sign face
Ord. #IO84 Page 12
whose cultivated area equals that of the
which perennial vegetation and/or shrubs
associated sign face square footage and, in
cover at least 50% of the cultivated area.
Tavern: A commercial establishment
fermented malt beverages and/or
serving the public and offering the sale of
intoxicating liquors for consumption on the
premises. This definition does not include
private lodges nor clubs selling fermented
malt beverages and/or intoxicating liquors
only to members and to guest invited by
members.
Trailer, House: For the purpose of this
ordinance the term "house trailer" shall be
defined as any shelter designed and
equipped to provide sleeping and living
quarters, and designed to be transported
from place to place rather than to be
Any such structure from which the wheels
constructed upon permanent foundations.
have been removed shall be construed to be
a permanent dwelling structure.
Trailer, Camping: Any coach, cabin,
mobile home, house trailer, house car or
other vehicle operating under its own power
or transported by other vehicle intended for
wheels or supports.
habitation off the premises and mounted on
with or without meals, is offered to transient
Tourist Home: A building in which lodging,
guests for compensation and having no
more than 5 sleeping rooms for this purpose
with no cooking facilities in any such
individual room or apartment.
Use. Accessory: A use subordinate to and
customarily incident to the permitted
principal use.
acceptable in a particular zoning district but
Use, Conditional: A use which is generally
which, because of its characteristics and the
characteristics of the zoning district in which
it would be located, requires review on a
case by case basis to determine whether it
should be permitted, conditionally permitted,
or denied.
occupancy, activily, building or other
Use, Permitted: That utilization of land by
structure which is specifically enumerated as
permissible by the regulations of the zoning
district in which said land is located.
property or structures as permitted on such
Use Principal: The main or primary use of
lot by Ihe regulations of the district in which
it is located.
Vision Setback Area: An unoccupied
corner lot. as established by Section 5.02 (2)
triangular space, at the street corner of a
E.
Zoning Administrator and Administrative
designated lo administer the Zoning
ofticial - The Administrative Officer
term Zoning Administrator andlor
Ordinance and issue zoning permits. The
Administrative Official as used herein does
not include the Common Council for the City
of Muskego. (Ord. #663, 10-5-89)
Zoning District: A specifically delineated
area within the City of Muskego within
uniform regulations and requirements
govern the use, placement. spacing, and
size of land and buildings.
Zoning Map: The map or maps which are
adopted as a part of this ordinance and
which delineate the boundaries of zoning
districts
Ord. #lo84 Page 13
0 SECTION 2: Chapter 17, Section 6.09, of the Municipal Code of the City of Muskego is hereby
repealed and recreated to read as follows:
6.09 SIGNS (Ord #854 - 03/23/95)
(1) USE RESTRICTED
In any district no signs shall be permitted except as is hereinafter specified by the regulations for
that district. or as otherwise regulated in this Section. All signs shall also meet all applicable
structural and electrical requirements of local and state building and electrical codes. (See
Chapter 30)
(2) APPROVALS, PERMITS, FEES AND INSPECTION.
(a) No sign shall hereafter be erected, re-erected at a new location, constructed, altered or
maintained except as provided by this Ordinance (See Section 6.09(4)(c) for exceptions) and
an approval and a permit for the same has been issued by the Plan Commission, Planning
Director, andlor EngineeringIBuilding Inspection Director, or their designee, unless otherwise
specified in Section 6.09 (6) and (14) of this Code)
1, A separate permit shall be required for a sign or signs for each business entity. andlor a
separate permit for each group of signs on a single supporting sign structure.
2. Electrical permits shall be obtained from the Building Department for illuminated signs
(b) Application for sign approvals and permits will be made in writing upon forms furnished by the
Planning Department (for approvals) and the Building Department (for permits). Such
applications shall contain, but not be limited to:
1, The location by street and number of the proposed sign structure,
2. A detailed drawing of the proposed sign and structure to a scale,
3. A landscape plan for the sign base (freestanding and ground signs) that meets the
requirements as outlined in Section 17:6.11(4)(c),
4. The name and address of the owner and the sign contractor or erector
5. The EngineeringlBuilding Inspection Director may require the filing of plans or other
compliance with building and electrical requirements as specified in Chapter 30.435.
pertinent informalion where in his opinion such information is necessary to insure
Standard plans may be filed with the Building Department.
(c) The following modifications shall not require a sign permit. These exceptions shall not be
construed as relieving the owner of the sign from the responsibility of its erection and
Code regulating the same.
maintenance, and its compliance with the provisions of this Ordinance or any other law or
1 The changing of the advertising copy or message on a painted, printed, or changeable
copy sign.
2. Painting, repainting, or cleaning of an advertising structure or the changing of the
which requires sign permit unless a structural change is made.
advertising copy of message thereon shall not be considered an erection or alteration
3. All residential signs permitted by right in Zoning Ordinance.
(d) A Plan review (approval) fee and a sign permit fee shall be paid,
Ord. #IO84 Page 14
1. Fee as listed in the Schedule of Permit Fees, Table No. 1. Chapter 30. (Ord. #741 -
2. Deleted (Ord. #741 - 02/06/92)
(e) All signs, together with all of their supports. braces, guys, and anchors, shall be kept in repair
and in proper state of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times.
(9 All signs for which an approval and permit is required shall be subject to inspection by the
Zoning Administrator and/or EngineeringlBuilding Inspection Director Footing inspections
may be required for all signs having footings. The Building Director or Zoning Administrator
upon notication by the Building Director. may order the removal of any sign that is not
maintained in accordance with the provisions of sub.
(9) All signs may be reinspected at the discretion of the Zoning Administrator or
(h) Appeal Procedure. Any person feeling himself aggrieved by any order or ruling of the Plan
Commission, Planning Director, Zoning Administrator or EngineeringlBuilding Inspection
within 30 days after written notice of such ruling shall have been delivered to him. Such
Director may appeal such ruling, conditioned on the case's ripeness, to the Board of Appeals
appeal is to be filed in accordance with procedures as outlined in Chapter 17, Section 3.08 of
the Zoning Ordinance, in writing. setting forth the order appealed from, and the respects in
which said person feeling himself aggrieved claims that said order or filing is erroneous or
illegal. Said notice of appeals shall be filed with the Planning Department who shall
thereupon notify the Planning Director andlor EngineeringlBuilding Inspection Director of said
appeal, and the appeal shalt be heard at the next available meeting upon submittal of a
completed application. The Board of Appeals, after consideration thereof, shall affirm.
reverse or modify said ruling as is just.
02/06/92)
EngineeringlBuilding Inspection Director
(3) CERTAIN SIGNS PROHIBITED
(a) Hazards or Nuisances: No sign which creales a hazard or dangerous distraction to vehicular
district:
traffic or a nuisance to adjoining property in the following ways shall be permitted in any
1 No sign shall be placed so as to obstruct or interfere with traffic visibility nor in such a
way as to cause glare or impair driver visibility upon pub6c ways;
2. No sign shall rotate nor have or be illuminated by moving or flashing lights (exception:
electronically controlled intermittent or vertically scrolling lights that form a one line
messages are permitted subject to approval by the Plan Commission under 6.09(4)
subject to their size not exceeding 25 % of the area of the combined square footage for
both the electronic sign and main identification sign);
3. No sign shall resemble, imitate or approximate the shape, size, form or color of railroad
or traffic signs, signals, or devices, nor obstruct or interfere with the effectiveness so as to
prevent free ingress and egress from any door. window, or fire escape; and
4. No sign shall be attached to a standpipe or fire escape.
(b) Non-Accessory Signs: No sign not directly related to the use of the premise in which it is
located. except directional signs as herein provided, shall be permitted in any district. Signs
showing time, temperature and similar information not related to the premises are permitted.
but must be counted as part of Ihe allowable sign area. See Section 6.09(4)(a). 6.09(4)(d),
and 6.09(6)(c) for exceptions to this paragraph.
(c) Roof Signs: Signs whose lowest point is visually separate from and above the highest point
of the roof shall be prohibited. Signs on the face of mansard or gable end shall be
considered wall signs. No sign, or any portion, thereof shall be installed on or above the
parapet of a flat roof.
Ord. #lo84 Page 15
(d) Abandoned Sign: Such signs are prohibited and shall be removed unless an extension is
otherwise granted by the Plan Commission. The property owner for said sign is located shall
the Plan Commission within twenty (20) days of notice by the Zoning Administrator,
receive notice from the Zoning Administrator of removal. Petitioner may bring a request to
requesting an extension. If said request is denied, the sign shall be removed within twenty
(20) days. If said sign is not removed within the twenty (20) day period, the City shall cause
said sign to be removed by the City and the cost of the removal shall be subject to a special
assessment or special charge to the property pursuant to Section 3.015 of the Municipal
Code.
(e) Parking of Advertising Vehicles Prohibited: Except as provided in Sections 6.09(8)(a).
6.09(8)(b). 6.09(11)(a), and 6.09(11)(b), no person shall park any vehicle or trailer on a public
way, which has attached thereto or located thereon any sign or advertising device for the sole
right-of-way or public property or on privrde property so as to be visible from a public right-of-
purpose of providing advertisement of products or directing people to a business or activity
located on the same or nearby property or any premises. This section is not intended to
prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor
offered for sale from the private property of the vehicle owner or owner's immediate family.
vehicle nor is this section intended to prohibit the advertising of personally owned vehicles
(f) Portable Signs: Portable signs for quasi-public informational purposes shall be permitted on
a temporary basis per 6.09(8)(b).
(4) SIGNS EXEMPTED
The following signs may be erected and maintained without permits. providing they do not
constitute a hazard or nuisance:
(a) Political Signs: May be erected in any district without a permit provided they are not a danger
to life or property. are located on property with the permission of the property owner, and
shall be limited to thirty-two (32) square feet in size. No such sign shall be placed within the
limits of any street or highway. The prohibition hereunder extends to trees, utility poles. fence
posts, stakes. and all other structures on which signs might be posted or placed except
political signs installed or placed on motor vehicles. Any sign violating this Section shall be
summarily removed by the Director of Planning or his designee. All political signs, wherever
located, must be removed within 10 days afler the election for which it was erected.
(b) On-Site Informational Signs: Reasonable size and necessity shall be permitted, and shall be
determined by the Plan Commission with the exception of signs addressed by Title 111 ADA
Section 4:30.
(c) Real Estate Signs: In residential districts,said signs are Limited to 12 square feet and one
sign per street frontage, and in all other districts are limited to 32 square feet. Said signs
shall be removed upon sale of the property. Permanent on-site rental signs shall be limited to
(d) Off-Premise Real Estate Directional Signs: Shall be limited to no more than (3) three off-
premise directional signs per residential. agricultural or business property offered for sale.
Such signs shall be displayed in accordance with all applicable regulations and writlen
to display. Such signs shall be limited to a maximum of six (6) square feet in size.
permission of the property owner on whose property the sign is located shall be obtain prior
(e) Public Agency Signs: Erected by a national, state, county or municipal governmental
agencies, including traffic and informational signs.
(f) Residential Nameplates: Identifying owners or occupants, provided no more than two (2) are
erected, each being less lhan two (2) square feet in area. Home occupationlresidential
business signs shall be counted in this numerical and size limitation.
4 sq. n.
(9) Agricultural Product Sale Signs: See Section 6.09(4)(0)
Ord. #lo84 Page 16
(h) Interior and Inside Window Signs: Signs installed inside a building whether intended for
viewing from inside or outside the building are permitted without limitation as to size or
number 0
(i) Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry
surface, or when constructed of metal and affixed flat against the building.
(i) Construction Signs: One construction sign per commercial or industrial construction project
not exceeding sixty-four (64) square feet in sign area, provided that such sign may be erected
upon issuance of a valid building permit. shall be confined to the site of construction. and
shall be removed upon issuance of a valid occupancy permit.
Pennants. banners and streamers shall not qualify as flags and shall require temporary sign
approval per Section6.09(11).
(k) Flags: The flags, emblems or insignia of any nation or subdivision or single corporate flag.
(I) Holiday Decorations: Signs of a primarily decorative nature, clearly incidental and customary
and commonly associated with any national, local or religious holiday; shall not be displayed
for a period of more than one hundred twenty (120) consecutive days.
(m) Inflatable Advertising: One such display, per property. shall be permitted for a period of time
approved by the Plan Commission, but not to exceed eight consecutive weeks, provided the
display is located outside all vision triangles and does not constitute a public nuisance.
(n) Signs not visible from a public right-of-way.
(0) Agricultural Produce Signs: Shall be limited to 64 square feet in area.
Price and Temporary Item Signs: permitted up to twelve (12) square feet in area for each sign, provided
the signs are not illuminated and no more than two (2) signs per street frontage are erected on the
property, and are no closer than five feet to the property lines. Signs square footage may not be
combined to create one message totaling twenty-four (24) square feet per street frontage. A twelve (12)
square foot "sandwich board sign is an example of a price and temporary item sign. Said signs shall be
removed at the close of business each day. a
(5) NON-CONFORMING SIGN
The existing lawful use of a sign at the time of enactment of this ordinance or any amendmenl
thereto may be considered as a legal non-conforming use under the terms of Section 4.06 as
applied to their elimination. Disrepair and/or dangerous signs shall be removed. (Ord. #398 - 08-
26-80) Exceptions to this section are as follows:
(a) Off-Premise Directional signage associated with an existing business. See Section
6.09(6)(d).
(6) SIGN CLASSIFICATION AND REGULATIONS
(b) Signs for Conditional or Overlay Uses: Subject to the regulations set forth in Section 6.03
signs appropriate lo permitled conditional use or uses permitted in overlay districts may be
district to the contrary. In establishing the size and locational requirements, the Plan
permitted as determined by the Plan Commission notwithstanding limitations in the basic
districts.
Commission shall be guided by the requirements imposed for similar uses in any of the basic
(c) Directional Signs:
1, A Sign not to exceed six (6) square feet in area indicating direction to a church, hospital,
the Plan Commission. Not more than four (4) such signs may be erected within the City
school or other public service building may be permitted in any district upon approval by
for any business or organization. (Ord. #398 - 08-26-80)
2. A sign, not to exceed twelve (12) square feet in area, for the purpose of directing patrons
or attendants to an establishment off the main traveled highway for sewice clubs, 0
Ord. #I084 Page 17
churches, or other non-profit organizations may be permitled in any district other than a
residential district upon approval of the Plan Commission.
3. Signs not to exceed thirty (30) square feet for service clubs, churches or other non-profit
organizations, may be permitled in any district, upon approval of the Plan Commission,
provided the sign is designed with a substantial landscape base area as defined in
Section17:2.02, and illumination on each side is limited to exterior lighting not exceeding
seventy-five (75) watts per fifteen (15) square feet of sign area.
4. A sign not exceeding two (2) square feet in total non-illuminated copy area (two sides of
copy permitted), only for the display of local religious andlor civic organization directional
signage, may be permitted in the public right-of-way. Four (4) such signs per
organization may be erected in the City at any intersection of an arterial and/or collector
highway in any zoning district. and all signs must be located within a two (2) mile radius
of the organization. Four (4) such signs per intersection shall be permitted, An individual
organization may have one such sign per intersection, and shall be responsible for all
costs of maintenance and removal of the structure. Such a sign shall not:
Be located so as lo block the traveling public's line of vision; impede safe lraffic I.
movements; interfere with the viewing andlor function of any traffic control devices;
11. Be designed or positioned so as to be misconstrued as a traffic control device.
(d) For existing off-premise directional signage associated with existing businesses located in
excess of 1000-feet from a collect or arterial, and when said signage is threatened with
relocation or removal as result of development or redevelopment pressures, such signage
may be allowed to be relocated subject to approval by the Plan Commission. As criteria for
approval, the Plan Commission considerations shall include but not be limited to:
1, Site suitability as related to compatibility with proposed surroundings,
2. Structural quality and durability,
3. Conformance to current design standards, possibility of detriment to area property
4. Landscaping provided at the base of the sign.
grade.
Size shall be limited to twenty-four (24) square feet in area and nine (9) feet in height above
(e) Setbacks and Offsets: All signs shall conform to the setback and offset requirements outlined
in the Table of Dimensional Requirements, per Section 6.09(h)
1. Ground signs may be installed at the base setback line with a height not to exceed seven
2. Existing pole signs in the base setback area may be altered subject to the approval of the
(0 Construction Standards: All signs or similar advertising structures shall be governed in their
erection and maintenance by Chapter 30.435 the Building Code of the City. No sign or
similar advertising media shall be erected without a permit as required in this Ordinance and
the Building Code.
(9) Height: No free standing or wall sign shall exceed the height as measured from grade, and
as hereinafter specified by the regulations of the district in which it is located. and as
summarized in the Table of Dimensional Requirements. per Section 6.09(6)(h). (Ord. #398 -
08-26-80)
1, In no case shall the highest point of any sign extend above the highest point of the eave
line of the building which houses the business for which the subject sign advertises
unless otherwise approved by the Plan Commission.
values, and public safety.
(7) feet as measured from grade.
Plan Commission.
Ord. #IO84 Page 18
(h) Area: No free standing or wall sign shall exceed the height as hereinafter specified by the
regulations of the district in which it is located and as summarized in the Table of
Dimensional Requirements. per Section 6.09(6)(h).
1, How Calculated:
I.
sign is the entire face of the sign and shall include any art work and insignia within a
The area of the smallest rectangle. which comprises the sign face. The area of a
single continuous perimeter, including any spacing between letters, figures, designs,
and structure of the sign other than the sign base, together with any frame or other
material. color, or condition which forms an integral part of the display and is used to
differentiate such sign from the wall or background against which it is placed.
A. For a freestanding sign, the definition of sign area does no1 include the perimeter
columns and caps.
architectural embellishments. base structure, and details such as decorative
E. When the sign only consists of letters, designs, or figures engraved, painted,
projected, or fixed on a building or perimeter wall, the total area of the sign shall
be the area of the smallest rectangle within which the entire fixed lettering andlor
artwork is inscribed.
C. All sides of a sign visible from any one (1) location shall be measured in
determining the area of the sign, except that only one (1) side of a sign shall be
five (45) degrees or less. If the two (2) sides are not of equal size, the larger side
measured if the two (2) sides are back to back or separated by an angle of forty-
shall be measured. A back-to-back sign shall have parallel faces, separated by
not more than two (2) feet.
D. This area does not include the main supporting sign structure. but other
ornamental attachments are to be included in determining sign area.
2. Reader boards shall not exceed 25-percent of the area of the main identification sign and
is to be part of the main identification sign face, a separate face mounted on the same
structure as the main identification sign, or mounted on the building. In any case, such a
sign is in the total allowable square footage calculations for all signage at a specific
location as it applies to wall, projection and freestanding signage. Size specifications as
government, and other non-profit related services, clubs, and organizations except to the
herein described shall not apply to sign associated with theaters plus churches, schools.
extent regulated by the specific zoning district in which it is located.
t
Ord. #lo84
(i) Table Of Dimensional Requirements:
Page 19
OHS 20 to 30 3’ 30 to 65 55 5% - 00s 20 to 20 3’ 10 to 45 35 3%
NOTES
(1) Square lootage may be increased to the second number at a rale of one (1) square loot lor each additional 10 feet of lo1 fronlage.
atler Ihe first 50 feet of frontage. up to 300 feet of frontage. In addltion. square footage may be increased by one (1) square foot for
every two (2) feet additional setback up from the required setback to a maximum of a 40 foot setback from the base setback line.
(2) Square footage may be increased from the value found in Note 1 above a maximum of 20-percent for all ground and pole signs
located on propedies abulling major rural arterial Slreels. and if said streets become urban arterials. said signs shall be deemed 10
be legal non-conforming pursuanl to Section 17:4.06.
(3) Ground Signs may be localed with zero foot setback from Ihe setback line. See Section 17:6.09(6)(d)
(4) Height may be increased to Ihe second number at Ihe rate 01 one (1) foot for every two (2) feet additional setback horn the required
setback.
(7) Institutional Signs:
(a) A sign not exceeding fifteen (15) square feet in area giving the name and nature of
occupancy and information as to the conditions of use or admission may be permitted at each
entrance to Ihe grounds or buildings of a private institution provided the approval of the Plan
Commission is first obtained that each such sign will not create a traffic hazard, is
aesthetically in keeping with the character of the neighborhood and will not cause a
depreciation of property values in the adjoining neighborhood.
(8) QUASI-PUBLIC INFORMATIONAL SIGNS - (ORD. #792’- 04-22-93)
(a) Non-commercial permanent signs of a general informational nature such as community
welcome, safety warning, or other similar nalure not to exceed eighty (80) square feet in area
may be erected by service clubs or other nowprofit organizations upon approval of the Plan
Commission of the location, size and appearance of such sign. Any such sign may have
direct constant illumination.
(b) No more than three (3) non-commercial temporary signs or one temporary portable sign used
for the sole purpose of advertising a special club or community event not to exceed thirty-two
(32) square feet (each) in area may be erected by service clubs or other nowprofit
organizations for a single event. No such sign(s) shall be erected until a Building permit is
oblained from Ihe Building Department. The permit applicant must be a Muskego resident.
Ord. #lo84 Page 20
There will be no fee charged for said permit and the conditions of the permit shall stipulate
that no more than three signs are permitted for any single event, the maximum period a sign
is to be located and that any such sign may have direct constant illumination. There shall be 0
no limit to directional signs, however, no such sign, shall exceed nine (9) square feet.
RESIDENTIAL NEIGHBORHOOD SIGNS
Signs limited to identifying the name of the neighborhood area such as a subdivision or housing
development and limited to twelve (12) square feet in area may be permitted at each entrance to
the area provided the approval of the Plan Commission is first obtained that each such sign will
not create a traffic hazard, is aesthetically in keeping with the character of the neighborhood, and
will not cause a depreciation of properly values in the adjoining neighborhood. Such sign that is
designed either as an integral part of the architecture of a building or as part of a landscape
architectural feature such as a wall shall be permitted without limitation as to size if the
Commission determines that the foregoing standards would be met.
SHOPPING CENTEWPROJECT SIGNS
A sign identifying a shopping center or grouping of stores in excess of 50,000 sq. ft. in area may
the district in which they are located applicable to the height, size and location of such sign
be permitted with the approval of the Plan Commission by the modification of the regulations of
consistent with the spirit and intent of the regulations in that district. (Ord. #398 - 08-26-80)
TEMPORARY SIGNS
(a) A sign for the purpose of designating a new building or development, for promotion of a
subdivision, for announcement of a special event, or for similar special informational purpose
may be permitted for a limited period of time in any district with the approval of the Plan
Commission and subject to the following:
1.
2.
3.
4.
Drawings or sketch drawn to scale showing the specific design, appearance and location
of the sign shall be submitted to the Plan Commission for approval.
The permitted size and location of any such sign shall be at the discretion of the Plan
Commission based upon the character of the area, the type and purpose of sign and the
length of time permitted. However, in no case shall the size of the sign exceed sixty-four
(64) square feet.
The sign is to be located on the premises involved and such sign may be permitted for a
period up to one year and exlension may be permitled six month inlervals with Plan
Commission approval until such time as 75-percent of development has occurred. (Ord.
#406 - 12-09-80)
Where the sign is not to be located on the premises involved such sign may be permitted
for a period up lo nine months and exlension may be permitled for six month intervals
with Plan commission approval, until such time 75-percent of development has occurred.
(Ord. #433 - 06-23-81)
(b) Upon approval of the Director of Planning, a sign such as a banner, sandwich board over
twelve square feet, etc. for the purpose of announcing a special event or sale, or for a similar
special informational purpose, may be permitted for a maximum of fifteen (15) days at a lime,
renewable for up to six (6) months in any district subject to the following:
1. Drawing andlor sketch drawn to scale showing the specific design, physical and electrical
installation plan, appearance, and location of the sign shall be submitted to the Director of
Planning for approval.
2. The permitted size of any temporary sign shall not exceed 64 square feet.
3. Where the sign is to contain electrical service, it shall contain a recognized testing
laboratory label such as the Underwriter's Laboratory, Inc.. a ground fault interrupter
device (GFI). and meet applicable provisions of the City electrical code. including the 0
Ord. #lo84 Page 21
issuance of an electrical permit therefore. Installations exposed to potential wind damage
shall be made secure with methods as enumerated in the City Building Code.
4. For the purpose of this ordinance they shall not be used to advertise pricing, specials or
temporary promotions. Said banners are intended to be primarily of a decorative nature
(i.e. corporate logos), and require approval per Section 6.09(11)(b) having a quarterly
review to determine compliance. They must be mounted on hanging brackets or poles
that provide safeguards against slipping and twisting.
(12) STAFF APPROVALS FOR SIGNAGE
(a) All applications for sign permits shall be reviewed initially by the Director of Planning, or his
which, pursuant to this chapter. can be issued without review by the Plan Commission. The
designee, who may issue permits for temporary or permanent signs and such other signs
Director of Planning shall have the authority to deny such permits if the proposed signs do
not comport with the requirements of this Section.
(b) Should the Director of Planning conclude, in his discretion, that the Plan Commission should
review an application for a sign permit, or should this Section require such review for a
particular sign, the application will be forwarded to the Plan Commission for review at its next
regularly scheduled meeting subject to receipt of a full submittal. The Plan Commission may
vote to recommend approval or disapproval of the application based on the following factors:
1, The exterior architectural presentation and functional plan of the proposed sign will be not
so at variance with or so similar to the exterior architectural presentation and functional
plan of signs already constructed or in the course of construction in the area, or so out of
harmony with the area, as to potentially contribute to substantial depreciatim in the
property values of the area;
2. The proposed sign conforms to the location, size and style requirements set forth in this
Section;
3. The proposed sign conforms to the city's long range planning for the area as set forth in
the city's master plan as that term is defined in Section 62.23(3). Wisconsin Statutes, or
relevant portions thereof;
4. The proposed sign shares similar architectural or building material features of the
principal building.
(c) The Plan Commission may establish guidelines which further define and interpret this
Section. Those guidelines, if any, shall be made available to all applicants.
(d) Upon approval or disapproval of a sign application by the Plan Commission, the application
shall be returned to the Director of Planning, who shall issue approved permits or notify
applicants of disapproval of their application and the reasons thereof.
SECTION 3: The several sections of this ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage and
publication.
Ord. #lo84 Page 22
PASSED AND APPROVED THIS DAY OF ,2001.
ClTY OF MUSKEG0
David L. DeAngelis, Mayor
First Reading:
ATTEST:
Cover Ordinance Published on the - day
of ,2001.
Clerk-Treasurer
City of Muskego
Plan Commission Supplement PC 164-2001
For the meeting of: October 76,2007
REQUEST: Zoning Code Amendment, Signs
PETITIONER: Common Council
INTRODUCED: October 16.2001
LAST AGENDA NI A
PREPARED BY: Brian Turk
BACKGROUND PC 164-2001
Planning staff was asked to prepare possible amendments to the Zoning Ordinance pertaining to Signs.
Specifically, the amendments were developed to provide additional signable area for properties fronting on rural
cross section arterial highways, where the additional width of the rights-of-way are perceived to be an issue. Staff
has recommended other technical revisions, including the addition of several definitions, which do not alter the
basic regulations.
STAFF DISCUSSION PC 164-2001
The amendment grants a 20% size bonus for monument signs located on rural cross-section arterial highways.
Based on the definition, the bonus would apply to portions of Racine Avenue, Janesville Road (short term) and
Moorland Road. If these roads convert to an urban cross-section, the signs would become legal non-conforming
(i.e. they are permitted to remain, but can not be altered except in conformity with the code). While this may
address the specific needs of a handful of businesses, staff does not fully support this portion of the amendment.
Planning staff believes that the existing sign ordinance should be fairly and uniformly applied.
Portions of Section 6 which pertain to sign definitions are relocated to Section 2.02, where all other definitions are
found. Portions entitled Title, Scope, and Enforcement" are deleted, as they are redundant with Section 1 of the
Code (these were necessary when the sign ordinance was its own chapter of the Municipal Code). Sections
pertaining to administrative (staff) approvals of signs are clarified. Finally, the Plan Commission has previously
given staff administrative direction as to how sign area is calculated. Planning staff recommends that this be
codified. This has been included, along with several graphics.
STAFF RECOMMENDATION PC 164-2001
Approval of Resolution #PC 164-2001
RESOLUTION #PC 164-2001
AN ORDINANCE AMENDING CHAPTER 17. ZONING PERTAINING TO SIGNS
WHEREAS, At the request of the Common Council, the Planning Department has prepared
revisions to Chapter 17 of the Municipal Code pertaining lo Signs, and
WHEREAS, Said Code changes are prepared under the authority of Section 60.81(7) and 62.23
of Wisconsin Slate Statutes being deemed necessary lo promote the public health, safety, and
welfare of the City of Muskego, and
WHEREAS, A Public Hearing is scheduled before the Common Council on October 23, 2001,
and
THEREFORE BE IT RESOLVED, That the Plan Commission hereby recommends the outlined
Code changes pertaining to administration of the Zoning Ordinance.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: October 16, 2001
ATTEST. Sandi Asti. Recording Secretary
e
published at MUSKEGO.
Wisconsin and that an advertisement of which the annexed
.... .............................
.......... G fb!fuagY., . ...........
....... ..............................
.........................................
...............................................
Subscribed and
Of.. ................
...........
AMENDED
ORDINANCE #lo84
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02 AND 6.09,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Definitions and Signs)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 2.02, of the Municipal Code of the City ofMuskego is hereby
repealed and recreated to read as follows:
2.02 SPECIFIC WORDS AND PHRASES
When used in this Ordinance the following words and phrases shall have the specific
meanings as hereinafter defined:
Ord. #lo84
Acre, Gross: The total area of a parcel of
land. One acre equals 43,560 square feet.
Acre, Net: A measure of developable land
waterways, and wetlands.
area after excluding dedicated rights-of-way,
Agriculture and Related Activities: The
use of land for agricultural purposes,
including farming, dairying, grazing land,
animal and poultry husbandry, greenhouses,
nurseries, livestock and poultry confinement,
for packing. treating, storing. and shipping of
and including the necessary accessory uses
farm products. The use of the word "farm"
shall have the same meaning as the word
"agriculture."
Average Daily Traffic (ADT): The average
given point.
number of cars per day that pass over a
Awning: A roof-like cover that is temporary
or portable in nature and that projects from
the wall of a building for the purpose of
shielding a doorway or window from the
elements and is periodically retracted into
the face of the building.
(typically, although not exclusively
Banner Any non-rigid temporary medium
characters andlor symbols are applied for
rectangular in dimension) onto which
the purpose of conveying a message. (See
6.09( 13))
Page 2
within a property, manufactured from a
permanent-type material and professionally
Ord. #lo84
L
Base Setback Area: The land lying
between the edge of the existing street right-
of-way line and the Base Setback Line.
Base Setback Line: The line from which all
required setbacks are measured, which line
corresponds to the established ultimate
street right-of-way line as set forth in Section
5.02(2)A.
which, if occupied for living purposes, shall
Basement: A story partly underground
measurement.
be counted as a story for purposes of height
where meals and lodging are offered for
Boarding House: A building or premises
compensation for 5 or more persons, but not
more than 12 persons and having no more
than 5 sleeping rooms for this purpose. An
establishment where meals are served for
compensation for more than 12 persons
shall be deemed a restaurant. An
establishment with more than 5 sleeping
rooms shall be deemed a hotel or motel.
Boat House: A detached accessory
struclure located close to the ordinary high
water mark and designed and used
principally for the storage of boats and
accessory marine equipment normally used
in the daily activities of lakefront property
and which typically includes a large
Page 3
overhead door for primary access on the
side of the structure facing the water
Building: Any structure used, designed or
intended for the roofed shelter, enclosure, or
protection of persons, animals or property.
Building, Accessory: A building or portion
of a building used for a purpose customarily
incident to the permitted principal use of the
lot or to a principal building and located on
the same lot as the principal use.
which is conducted the principal use as
Building, Principal: The building on a lot in
permitted on such lot by the regulations of
the district in which it is located.
from a point on grade to the highest point
Building, Height: The vertical distance
measured. The method of calculating
building height is found in Section
17:5.03(3).
Building Site and Operation Plan: The
on which is shown the existing and
development plan for one or more parcels
topography;
proposed conditions of the lot, including:
floodplains;
vegetation; drainage;
wetlands;
landscaping and open spaces; walkways:
waterways;
means of ingress and egress; circulation;
utility services; structures and buildings;
signs; lighting; berms, buffers, and
screening devices; surrounding
development; and any other information
deemed necessary by the Director of
Planning or the Plan Commission.
Canopy: - See Awning.
Civic Facility - A non-commercial area
developed or to be developed for public or
quasi-public administrative, cultural, or
recreational use. Such facililies include but
are not limited to libraries, community
centers, parks and playgrounds, police
stations, fire stations, or city hall.
Civic organization: A group of people
formally organized for a common and
usually community-oriented interest.
Clinic, Medical or Dental: A group of
medical or dental offices organized as a
treatment as contrasted with an unrelated
unified facility to provide medical or dental
Ord. #IO84 Page 4
group of such offices. but not including bed- Application of asphaltic material shall not be
patient care. applied when the temperature is below 60
Density, Gross: The numerical value degrees F. (Ord. #455 - 5-10-83)
obtained by dividing the total number of
dwelling units in a development by the gross
Dwelling, Single Family Attached: A
area of tract of land (in acres) within a
residential structure designed to house a
development.
single family unit from lowest level to roof,
with private entrance, but not necessarily
Density, Net: The numerical value obtained
by dividinq the total number of dwellina units
occupying a private lot, and sharing a
common wall between adjoining units.
tract of land (in acres) upon which the
in- a development by the area of theactual
residential structure designed to house a
Dwelling, Single Family Detached: A
dwelling units are proposed to be located
and including common open space and
single family on a private lot and surrounded
on all sides by a private yard.
associated recreational facilities within the
area; the result being the number of dwelling
units per net residential acre of land. Net
density calculations exclude dedicated
rights-of-way, waterways, and wetlands.
Development: Any human-caused change
to improved or unimproved real estate that
requires a permit or approval from and
agency of the City, County, or State,
including but not limited to, buildings or other
structures, mining, dredging, filling, grading,
storage of materials.
paving, excavation or drilling operations, and
The City Building Inspector or any other
officer charged with the administration and
enforcement of the Building Code or his duly
authorized deputy.
area made available by the sign structure for
Display Surface: - Display surface is the
the purpose of displaying the advertising
message.
EngineeringlBuilding Inspection Director:
..
Dwelling, Multiple: A building or portion
thereof designed for and occupied by 2 or
more families, including 2 family "flats",
apartment houses and apartment hotels.
Dwelling Unit: A single unit providing
complete, independent living facilities for
one or more persons, including permanent
cooking, and sanitation.
provisions for living, sleeping, eating,
Extractive Operations: The removal of
rock, slate, gravel, sand, topsoil, or other
excavating, stripping, leveling or any other
natural material from the earth by
process.
Family: One or more persons occupying
the premises and living as a single
housekeeping unit, as distinguished from a
group of individuals occupying a
boardinghouse, lodging house, club,
fraternity or hotel.
Floor Area: The square feet of floor space
Disrepair: Contains one or more of the
following traits: excessive pealing paint,
erodino messaae(s). dead IandscaDino fin
within the outside line of walls, including the
total of all space on all floors of a building or
structure.
I I ,. ~ ~~
Season), missing pieces (access doors,
excessive masonry decay, etc.), missing Floor Area Ratio: (FAR) The total floor
Panels (message panels), andlor excessive area of buildings, expressed as a
rust. percentage ratio to the total area of the lot.
Duplex: A building containing two single
family dwelling units totally separated from
each other by an unpierced wall extending
from ground to roof. (Cr #205)
,~ ~< >~~~
asphaltic material placed on a base of
Dust-Proofing: An application of SC4
granular materials at a rate of 1.2 gallons
per square yard for the first application, with
placed if deemed necessary by the City.
additional applications of asphaltic material a
Ord. #lo84 Page 5
I I
FmoE AZEA KATIO (F.A.E.)
= TOTAL BY~LPWCI FL-~
TOT^L UT _LeA
F@"rr I9
of a structure's living area from outside wall
Floor Area, Assessed: The measurement
to outside wall, inclusive of closets, storage
areas, and seasonal rooms, but excluding
unfinished basements, unfinished attics. and
attached garages.
Garage, Attached: A public or private
garage, the roof of which is connected to the
principal building.
Garage, Private: A structure in excess of
private motor vehicles, and which structure
120 square feet used for the storage of
is accessory to the residential use of the
property on which it is located.
Garage, Public or Commercial: Any
garage not falling within the definition of
"private garage" as herein established, and
used for storage, repair, rental or servicing
of motor vehicles.
Gasoline service Station: A place where
or lubricating oil or grease for operating
gasoline, kerosene, or any other motor fuel
motor vehicles is offered for sale to the
public and deliveries are made directly into
greasing, oiling, washing and minor repair of
motor vehicles, and including facilities, for
vehicles on the premises, but not including
major automatic car washing or any body
repair facilities.
Grade, Established: The elevation of the
finished street at the centerline or curb as
fixed by the Engineer or by such authority as
an elevation.
shall be designed by law to determine such
accessory building used to house guests of
Guest House: An attached or detached
the occupants of Ihe principal building. and
which is never rented or offered for rent.
Hard Surface: Bituminous Asphaltic
Concrete or Portland Cement Concrete of at
least 2-1/2" thickness. (Ord. #455 - 5-10-83)
Highway: See Street. Major Arterial
Home Occupation: A gainful occupation
conducted by members of the family, within
it s place of residence, where the space
used is incidental to residential use and no
article is sold or offered for sale except as is
produced by such home occupation.
Hospital: An institution intended primarily
for the medical diagnosis, treatment, and
care of patients being given medical
from a clinic by virtue of providing for bed
treatment. A hospital shall be distinguished
patient care.
Hospital, Animal: An establishment
providing for medical care and treatment of
animal pets. but distinguished from a clinic
by virtue of providing for bed patient care.
Hotel: A building in which lodging with or
without meals, is offered for compensation
and which may have more than 5 sleeping
room for this purpose, but not including
kitchen facilities in individual rooms.
Impervious Surface: Any hard surfaced,
man-made area that does not readily absorb
or retain water, including but not limited to,
building roofs. paved parking and driveway
areas, patios, and sidewalks.
Inflatable Advertising: See Sign,
Inflatable.
Kennel, Hobby: A non-commercial
establishment associated with a single
and pets are kept, bred, and raised.
household in which dogs or other animals
where dogs or other animal pets not part of
Kennel, Commercial: An establishment
facility is located are raised, bred, or
the actual household on the lot on which the
boarded.
Land Use: A description of how property is
occupied or utilized.
Legal Nonconformity: The zoning status
of a structure or parcel of land which, or the
use of which, though legal prior to the
with one or more of the provisions of this
passage of this ordinance does not comply
ordinance.
Ord. #I084
ultimate right-of-way, encompassing the
Limits, Highway and Street: Include all the
traveling portion of the highway or street, the
shoulders, the ditches, and adjacent
dedicated areas.
Lodging House: A building where lodging
only is provided for compensation and
having not more than 5 sleeping rooms for
this purpose.
Lot: A single parcel of contiguous land
occupied or intended to be occupied by such
structures and uses as permitted under this
ordinance together with the open spaces
required by this ordinance, and abutting on a
public street or officially approved way.
Lot, Double Frontage: A parcel which
fronts on two parallel streets or that fronts on
the two streets which do not intersect at the
boundaries of the lot.
Lot Area: The area of contiguous land
bounded by lot lines, exclusive of land
provided for public thoroughfare, but
including lands located between a meander
line and the Ordinary High-water Mark
(OHM) of a navigable waterway.
Lot Lines: The lines bounding a lot as
defined herein.
Marquee - Permanent roofed structure
attached to and supported by the building.
See also Sign, Projecting.
which lodging only is offered for
Motel: A building or series of buildings in
compensation and which may have more
than 5 sleeping rooms or units for this
purpose and which is distinguished from a
hotel primarily by reason of providing direct
independent access to. and adjoining
parking for, each rental unit.
Murals: Artwork or other pictorial display
judged by the Plan Commission, on referral
of the Planning Director or designee, not to
be signage and shall be exempt from this
Ordinance.
Non-Conforming Structure: A structure
which does not conform to the Building
Location, Height or Building Size regulations
of the district in which it is located.
activity that was lawful prior to the adoption,
Non-Conforming Use of Structure: An
Ordinance, but fail by reason of such
revision, or amendment of the Zoning
Page 6
adoption, revision, or amendment to
conform to the present requirements of the
zoning district.
conform to the Lot Size Regulations of the
Non-Conforming Lot: A lot which does not
district in which it is located.
Non-Conforming Use of Land: A use of
any land in a manner where said use does
not conform to the Use, Residential Density,
which it is located.
or Open Space Regulations of the District in
Off-street Parking Space: The area on a
lot designed to accommodate a parked
use of said lot and with adequate access
motor vehicle as an accessory service to the
thereto from the public street. For purposes
of satisfying parking requirements of this
ordinance an off-streel parking space shall
be an area of no less than 160 square feet.
Offset: The shortest horizontal distance
between any structure and a lot line, other
than a street line.
Open Space: An unoccupied space open to
the sky on the same lot with the building and
not used for parking or driveway purposes.
Outdoor Recreational Facilities: Land and
structures, along with accessory equipment
designed and utilized far leisure time
activities of a predominantly "outdoor"
nature and of more specific purpose than
passive park-like open areas, and further
classified as follows:
Public: Facilities owned and operated
by a governmental agency for limited or
general public use.
Private: Commercial: Facilities owned
and operated by an individual or group
for profit as a business whether or not
open to general public use.
Private Non-Commercial Group:
Facilities owned and operated by a
group for the exclusive use of the
members of such group and their guests
and not for profit as a business.
Private Residential: Facilities owned
by an individual located on the same or
adjoining lot to his residence, and
and guests.
intended solely for the use of this family
Ord. #lo84 Page 7
Pennant: Tapered or dove-tailed banner,
sign, streamer or flag, with or without any
temporary in nature. National flags, flags of
representation or writing thereon, and
political subdivisions and symbolic flags of
categorized as banners.
any institution or business shall not be
Planning Director: The Planning Director
or hislher deputy is the City officer charged
with the administration and enforcement of
the Zoning Ordinance (also Zoning
Administrator).
Primary Floor Area (P.F.A.): The floor
area of a building for purposes of
determining required parking ratios, which
area shall include only that portion of the
total floor area devoted to customer service,
sales and office space and shall not include
warehouse, utility, hallways and other
accessory space which does not generate
parking demand.
Private Club or Lodge: A structure or
grounds used for regular or periodic
meetings or gatherings of a group of
persons organized for a non-profit purpose,
but not groups organized to render a service
customarily carried on as a business.
Professional Office: The office of a doctor,
dentist. minister, architect, landscape
architect, professional engineer, lawyer,
recognized profession.
author, artist, musician or other similar
letters used to announce special events,
Reader Board: A sign having changeable
products, services or sales.
Road: Synonymous with street.
Roadside Stand: A farm building used or
intended to be used solely by the owner or
located for the sale of the farm products
tenant of the farm on which such building is
raised on said farm.
Rooming House: Same as Lodging House.
Operations"
Sand and Gravel Pits: See "Extractive
any structure and the base setback line.
Setback: The shortest horizontal distance
Shed, Private Garden: A structure equal to
or less than 120 square feet in area, which
is accessory to the residential use of the
property and used for incidental storage.
0
e
Sign: Sign is any medium including its
used or intended to be used to attract
structure and component parts, which is
attention to the subject matter for advertising
purposes other than paint on the surface of
a building. For the purpose of this
Ordinance, coloration andlor striping on
canopies shall not be considered signage
and shall be allowed if it contributes to the
overall theme and design of the property.
Sign, Abandoned: A sign structure that
prior message) afiar the previously
remains on the premises (with or without the
service on he premises has been
advertised activity, business, product or
discontinued, or effectively closed for a
days.
period of sixty (60) or more consecutive
Sign, Area: Area of copy enclosed by one
continuous line, connecting the extreme
determined using the largest sign area or
points or edges of a sign. The area shall be
silhouette visible at any one time from any
point.
Sign, Agricultural Produce: Signs for the
available at a roadside produce stand or
purpose of advertising agricultural produce
farm.
Sign, Awning, Canopy, or Marquee: A
an awning, canopy, or marquee that is
sign that is mounted, painted, or attached to
otherwise permitted by ordinance. See also
Sign, Projecting.
Ord. #lo84 Page 8
Sign, Directional: A sign intended solely
for the purpose of directing patrons or
customers to an establishment off the main
traveled road and not including promotional
advertising unnecessary to such directional
purpose.
0
Sign, Electric Sign containing electrical
wiring, but not including sign illuminated by
m exterior light source.
supported by a sign structure, unique to that
Sign, Freestanding: - Sign wholly
sign, anchored in the ground.
Sign, Ground: Any sign, other than a pole
sign, where the entire base of the sign is in
contact with the ground and is independent
of any other structure. Said sign shall not
measure more than 7 feet in total height
above grade.
Sign, Illuminated: A sign lighted by or
?xposed to artificial lighting either by lights
In or in the sign or directed toward the sign.
Sign, Inflatable: Any display capable of
being expanded by air or other gas and
used on a permanent or temporary basis to
advertise a product or event.
Sign, Off Premise: A sign that directs
or entertainment conducted, sold, or offered
attention to a business, commodity, service,
which the sign is located.
at a location other than the premises on
commonly associated with, but not limited
Sign, On-Site Informational: A sign
convenient for visitors coming on the
to, information and directions necessary or
property. including sign marking entrances
and exits, parking areas, circulation
direction, rest rooms, and pick-up and
delivery areas.
Sign, Quasi-public Informational: Non-
commercial signs of a general informational
nature such as community welcome, safety
warning, or other similar nature.
Sign, Pole A sign that is mounted on i
freestanding pole or other support so thal
the bottom edge of the sign face is seven (7;
feet or more above grade.
Ord. #lo84
Sign. Political: A temporary sign
announcing or supporting political
candidates or issues in connection with any
national, state, or local election.
Sign, Portable: A sign that is not
Iermanent, affixed to a building. structure,
)r the ground.
Sign, Projecting: Projecting sign shall
projects from and is supported by a wall of a
mean a sign other than a wall sign, which
building or structure, extending out beyond
12 inches from the point of attachmenf,
typically having 2 or more viewable sides,
but for the purpose of this ordinance, only
one side need be counted as a side for
measuring its allowable area and sign count.
canopies shall also be considered projecting
Signs printed on or affixed to awnings and
signs.
Page 9
e
e
Ord. #lo84
Sign, Price and Temporary Item: Rigid
signs of a professional quality which
advertise the price of a product or service
offered on the premises or of special
temporary goods or services being sold or
offered. A "sandwich board" sign is an
example of a price and temporary item sign.
Page 10
Sign, Theatre: A sign having changeable
letters used to announce periodic events
and showings pertain to the performing arts
and are offered at the location where the
Sign, Real Estate: A sign relating to the
sale or lease of the premises, or a portion of
[he premises, on which the sign is located.
!
\
I sign is displayed
roof of a building or that is wholly dependent
Sign, Roof: A sign that is mounted on the
upon a building for support and that projects
above the top walf or edge of a building with
a flat roof, the eave line of a building with a
gambrel, gable, or hip roof, or the deck line
of a building with a mansard roof.
Sign, Temporary: Shall include any sign,
banner, pennant, valance, or advertising
display intended to be displayed for a limited
period of time only. e
Sign, Wall: A sign painted on a buildins
and all other signs connected to or erected
against the wall of a building or structure,
with the exposed face of the sign in a plane
parallel to the plane of said wall where nc
part of the sign structure extends more than
12 inches out from the facade as measured
near the points of attachment or contact to
the building. Wall signs are permitted only
on walls with street facings with a maximum
of two building sides per building. For
purposes of this
storeslbusinesses in shopping centers shall
ordinance,
count the wall facing the main customer
parking area as a street facing. For the
purpose of this Ordinance, canopy
coloration andlor striping shall not be
:onsidered wall signage and shall be
?ermitted but regulated to the extent allowed
by 6.09(3)(s).
Sign Structure: Supports or materials
:apable of supporting any sign as defined in
jingle pole or may or may not be an integral
his Ordinance. A sign structure may be a
,art of the building.
Solar Access: A property owner's right to
have the sunlight shine on the owner's land.
Solar Collector: A device, or combination
of devices, structure. or part of a device or
structure that transforms direct solar energy
electrical energy and that contributes
into thermal, mechanical, chemical, or
Ord. #lo84 Page 11
e significantly to a structure's energy supply.
(Ord. #411 - 6-23-81)
Story: That portion of a building included
between the surface of a floor and the
surface of the floor next above it, or, if there
be no floor above it, then the space between
the floor and the ceiling next above it. A
basement or cellar having one-half or more
of its height above grade shall be deemed a
story for purposes of height regulations.
Street: A public or private right of way
usually affording primary access to abutting
property.
Street, Frontage: A street contiguous and
parallel to a traffic artery and affording direct
vehicular access to abutting property.
arrangement of streets based upon function.
Street, Hierarchy: The conceptual
A hierarchal approach to street design
classifies streets according to function, from
whose function is residential access.
high-traffic arterial roads down to streets
Systematizing street design into a road
use, and residential quality.
hierarchy promotes safety, efficient land
Street, Major Arterial: A street with access
control, channelized intersections. restricted
parking, and that collects and distributes
traffic to and from minor arterials.
Street, Minor Arterial: A street with signals
at important intersections and stop signs on
the side streets and that collects and
distributes traffic to and from collector
streets.
Street, Minor Access: The lowest order of
residential street (See Street Hierarchy).
and carries traffic having destination or
Provides frontage for access to private lots,
carry traffic at slowest speed. Traffic volume
origin on the street itself. Designated to
should not exceed 250 ADT at any point of
of housing units should front on this class
traffic concentration. The maximum number
street.
Street, Collector: The highest order of
residential street (See Street Hierarchy).
Conducts and distributes traffic between
(arterials and expressways). Since its
lower-order streets and higher-order streets
function is to promote free traffic flow,
prohibited. Collectors should be designed to
access to homes and parking should be
0
8
prevent use as shortcuts by non-
neighborhood traffic. Total traffic volume
should not exceed 3,000 ADT
Major or Minor Arterial Street characterized
Street, Rural Cross-section Arterial: A
by the use of open ditch swales to convey
stormwater run-off.
Street, Subcollector Middle order of
residential street (See Street Hierarchy).
carries traffic to and from adjoining
Provides frontage for access to lots and
residential access streets. Traffic should
have origin or destination in the immediate
exceed 500 ADT at any point of traffic
neighborhood. Traffic volume should not
concentration.
Street, Urban Cross-section Arterial: A
Major or Minor Arterial Street characterized
by the use of curb and gutter, catch basins,
and pipes to convey stormwater run-off.
Street Line: A dividing line between a lot,
tract or parcel of land and a contiguous
street.
Structure: A combination of materials other
than natural terrain or plant growth erected
or constructed to form a shelter, enclosure,
retainer, container, support, base, pavement
or decoration.
Structure, Principal: A structure used or
intended to be used for the principal use as
permitted on such lot by the regulations of
the district in which it is located.
Structure, Accessory: A structure or
customarily incident to the permitted
portion of a structure used for a purpose
same lot as the principal use.
principal use of the lot and located on the
on or in the ground or attached to another
Structure, Permanent: A structure placed
and intended to remain in place for a period
structure in a fixed and determined position,
of more than 9 months.
Structure, Temporary: Any structure other
than a permanent structure.
Structural Alterations: Any change in the
supporting members of a building or any
substantial change in the roof structure or in
the exterior walls.
Substantial Landscape Base Area: A
planting space at the base of a sign face
Ord. #lo84
1
whose cultivated area equals that of the
associated sign face square footage and, in
which perennial vegetation andlor shrubs
cover at least 50% of the cultivated area.
Tavern: A commercial establishment
serving the public and offering the sale of
fermented malt beverages andlor
intoxicating liquors for consumption on the
mall beverages andlor intoxicating liquors
private lodges nor clubs selling fermented
only to members and to guest invited by
members.
Trailer, House: For the purpose of this
ordinance the term "house trailer" shall be
defined as any shelter designed and
quarters, and designed to be transported
equipped to provide sleeping and living
from place to place rather than to be
constructed upon permanent foundations.
Any such structure from which the wheels
have been removed shall be construed to be
a permanent dwelling structure.
Trailer, Camping: Any coach, cabin,
other vehicle operating under its own power
mobile home, house trailer, house car or
or transported by other vehicle intended for
habitation off the premises and mounted on
wheels or supports.
Tourist Home: A building in which lodging,
with or without meals, is offered lo transient
guests for compensation and having no
more than 5 sleeping rooms for this purpose
with no cooking facilities in any such
individual room or apartment.
0
I premises. This definition does not include
I
Use. Accessory: A use subordinate to and
customarily incident to the permitted
principal use.
Use, Conditional: A use which is generally
which, because of its characteristics and the
acceptable in a particular zoning district but
characteristics of the zoning district in which
it would be located, requires review on a
case by case basis to determine whether it
should be permitted, conditionally permitted,
or denied.
occupancy, activity, building or other
Use, Permitted: That utilization of land by
permissible by the regulations of the zoning
structure which is specifically enumerated as
district in which said land is located. 0
Page 12
Use Principal: The main or primary use of
lot by the regulations of the district in which
property or structures as permitted on such
it is located.
Vision Setback Area: An unoccupied
corner lot, as established by Section 5.02 (2)
triangular space, at the street corner of a
E.
Zoning Administrator and Administrative
official - The Administrative Officer
designated to administer the Zoning
term Zoning Administrator andlor
Ordinance and issue zoning permits. The
Administrative Official as used herein does
not include the Common Council for the City
of Muskego. (Ord. #663. 10-5-89)
Zoning District: A specifically delineated
area within the City of Muskego within
uniform regulations and requirements
govern the use, placement, spacing, and
size of land and buildings.
Zoning Map: The map or maps which are
adopted as a part of this ordinance and
which delineate the boundaries of zoning
districts
Ord. #lo84 Page 13
0 SECTION 2: Chapter 17, Section 6.09, of the Municipal Code of the City ofMuskego is hereby
repealed and recreated to read as follows:
6.09 SIGNS (Ord #E54 - 03/23/95)
(1) USE RESTRICTED
that district, or as otherwise regulated in this Section. All signs shall also meet all applicable
In any district no signs shall be permitted except as is hereinafter specified by the regulations for
structural and electrical requirements of local and state building and electrical codes. (See
Chapter 30)
(2) APPROVALS, PERMITS, FEES AND INSPECTION.
(a) No sign shall hereafter be erected, re-erected at a new location, constructed, altered or
maintained except as provided by this Ordinance (See Section 6.09(4)(c) for exceptions) and
an approval and a permit for the same has been issued by the Plan Commission, Planning
Director, andlor EngineeringlBuilding Inspection Director, or their designee, unless otherwise
specified in Section 6.09 (6) and (14) of this Code)
1, A separate permit shall be required for a sign or signs for each business entity, and/or a
2. Electrical permits shall be obtained from the Building Department for illuminated signs.
(b) Application for sign approvals and permits will be made in writing upon forms furnished by the
Planning Department (for approvals) and the Building Department (for permits). Such
applications shall contain, but not be limited to:
1, The location by street and number of the proposed sign structure,
2. A detailed drawing of the proposed sign and structure to a scale,
3. A landscape plan for the sign base (freestanding and ground signs) that meets the
4. The name and address of the owner and the sign contractor or erector
5. The EngineeringlBuilding Inspection Director may require the filing of plans or other
pertinent information where in his opinion such information is necessary to insure
compliance with building and electrical requirements as specified in Chapter 30.435.
Standard plans may be filed with the Building Department.
(c) The following modifications shall not require a sign permit. These exceptions shall not be
construed as relieving the owner of the sign from the responsibility of its erection and
maintenance, and its compliance with the provisions of this Ordinance or any other law or
Code regulating the same.
1 The changing of the advertising copy or message on a painted, printed, or changeable
2. Painting, repainting, or cleaning of an advertising structure or the changing of the
which requires sign permit unless a structural change is made.
advertising copy of message thereon shall not be considered an erection or alteration
separate permit for each group of signs on a single supporting sign structure.
requirements as outlined in Section 17:6.11(4)(c),
copy sign.
3. All residential signs permitted by right in Zoning Ordinance.
(d) A Plan review (approval) fee and a sign permit fee shall be paid.
1. Fee as listed in the Schedule of Permit Fees, Table No. 1. Chapter 30. (Ord. #741 -
02/06/92)
0
Ord. #lo84 Page 14
2. Deleted (Ord. #741 - 02/06/92)
(e) All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair
and in proper state of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times.
(f) All signs for which an approval and permit is required shall be subject to inspection by the
Zoning Administrator andlor EngineeringlBuilding Inspection Director, Footing inspections
Zoning Administrator upon notification by the EngineeringlBuilding Inspection Director, may
may be required for all signs having footings. The EngineeringlBuilding Inspection Director or
order the removal of any sign that is not maintained in accordance with the provisions of sub.
(9) All signs may be reinspected at the discretion of the Zoning Administrator or
EngineeringlBuilding Inspection Director
(h) Appeal Procedure. Any person feeling himself aggrieved by any order or ruling of the Plan
Commission, Planning Director, Zoning Administrator or EngineeringlBuilding Inspection
Director may appeal such ruling, conditioned on the case's ripeness, to the Board of Appeals
within 30 days after written notice of such ruling shall have been delivered to him. Such
appeal is to be filed in accordance with procedures as outlined in Chapter 17. Section 3.08 of
the Zoning Ordinance, in writing, setting forth the order appealed from, and the respects in
which said person feeling himself aggrieved claims that said order or filing is erroneous or
illegal. Said notice of appeals shall be filed with the Planning Department who shall
thereupon notify the Planning Director andlor EngineeringlBuilding Inspection Director of said
appeal, and the appeal shall be heard at the next available meeting upon submittal of a
completed application. The Board of Appeals, after consideration thereof, shall affirm,
reverse or modify said ruling as is just.
(3) CERTAIN SIGNS PROHIBITED
(a) Hazards or Nuisances: No sign which creates a hazard or dangerous distraction to vehicular
district:
traffic or a nuisance to adjoining property in the following ways shall be permitted in any
1, No sign shall be placed so as to obstruct or interfere with traffic visibility nor in such a
way as to cause glare or impair driver visibility upon public ways;
2. No sign shall rotate nor have or be illuminated by moving or flashing lights (exception:
electronically controlled intermittent or vertically scrolling lights that form a one line
subject to their size not exceeding 25 % of the area of the combined square footage for
messages are permitted subject to approval by the Plan Commission under 6.09(4)
both the electronic sign and main identification sign);
3. No sign shall resemble, imitate or approximate the shape, size, form or color of railroad
or traffic signs, signals, or devices, nor obstruct or interfere with Ihe effectiveness so as to
prevent free ingress and egress from any door, window, or fire escape; and
4. No sign shall be attached to a standpipe or fire escape.
(b) Non-Accessory Signs: No sign not directly related to the use of the premise in which if is
located. except directional signs as herein provided, shall be permitted in any district. Signs
showing time, temperature and similar information not related to the premises are permitted,
but must be counted as part of the allowable sign area. See Section 6.09(4)(a), 6.09(4)(d),
and 6.09(6)(c) for exceptions to this paragraph.
(c) Roof Signs: Signs whose lowest point is visually separate from and above the highest point
of the roof shall be prohibited. Signs on the face of mansard or gable end shall be
considered wall signs. No sign, or any portion, thereof shall be installed on or above the
parapet of a flat roof.
(d) Abandoned Sign: Abandoned signs are prohibited and shall be removed, as follows. The
Zoning Administrator shall give notice to the subject property owner requiring that the sign be
0
Ord. #IO84 Page 15
removed. The notice shall advise the property owner that the sign must be removed within
twenty (20) days from the date of the notice, unless the property owner files a request for an
extension with the Plan Commission within that twenty (20) day period. Thereafter, the sign
request for extension is timely filed with the Plan Commission and the Plan Commission
must be removed: (a) prior to expiration of the twenty (20) day notice period; or (b) if a
denies the request, the sign must be removed within twenty (20) days of the denial; or (c) if a
request for extension is timely filed with the Plan Commission and the Plan Commission
grants the request, the sign must be removed prior to expiration of any extension granted.
Failure to remove an abandoned sign as required herein shall be subject to all of the
penalties and remedies described in Section 3.09 of this Chapter,
(e) Parking of Advertising Vehicles Prohibited: Except as provided in Sections 6.09(8)(a),
6.09(8)(b). 6.09(1 l)(a). and 6.09(1 l)(b), no person shall park any vehicle or trailer on a public
right-of-way or public property or on private property so as to be visible from a public right-of-
way, which has attached thereto or located thereon any sign or advertising device for the sole
purpose of providing advertisement of products or directing people to a business or activity
located on the same or nearby property or any premises. This section is not intended to
vehicle nor is this section intended to prohibit the advertising of personally owned vehicles
prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor
offered for sale from the private property of the vehicle owner or owner's immediate family.
(f) Portable Signs: Portable signs for quasi-public informational purposes shall be permitted on
a temporary basis per 6.09(8)(b).
(4) SIGNS EXEMPTED
The following signs may be erected and maintained without permits, providing they do not
constitute a hazard or nuisance:
(a) Political Signs: May be erected in any district without a permit provided they are not a danger
to life or property, are located on property with the permission of the property owner, and
shall be limited to thirty-two (32) square feet in size. No such sign shall be placed within the
ultimate right-of-way of any street or highway. The prohibition hereunder extends to trees,
utility poles, fence posts, stakes, and all other structures on which signs might be posted or
Section shall be summarily removed by the Director of Planning or his designee. All political
placed except political signs installed or placed on motor vehicles. Any sign violating this
erected.
signs, wherever located, must be removed within 10 days after the election for which it was
(b) On-Site Informational Signs: Reasonable size and necessity shall be permitted, and shall be
determined by the Plan Commission with the exception of signs addressed by Title 111 ADA
Section 4:30.
(c) Real Estate Signs: In residential districts, said signs are Limited to 12 square feet and one
sign per street frontage, and in all other districts are limited to 32 square feet. Said signs
shall be removed upon sale of the property. Permanent on-site rental signs shall be limited to
4 sq. ft. No such sign shall be placed within the ultimate right-of-way of any street or
highway.
(d) Off-Premise Real Estate Directional Signs: Shall be limited to no more than (3) three off-
premise directional signs per residential, agricultural or business property offered for sale.
Such signs shall be displayed in accordance with all applicable regulations and written
to display. No such sign shall be placed within the ultimate rightaf-way of any street or
permission of the property owner on whose property the sign is located shall be obtain prior
highway. Such signs shall be limited to a maximum of six (6) square feet in size.
(e) Public Agency Signs: Erected by a national, state, county or municipal governmental
agencies, including traffic and informational signs.
Ord. #io84 Page 16
e (f) Residential Nameplates: Identifying owners or occupants, provided no more than two (2) are
erected, each being less than two (2) square feet in area. Home occupationhesidential
business signs shall be counted in this numerical and size limitation.
(9) Agricultural Product Sale Signs: See Section 6.09(4)(0)
(h) Interior and Inside Window Signs: Signs installed inside a building whether intended for
viewing from inside or outside the building are permitted without limitation as to size or
number,
(i) Memorial signs, tablets, names of buildings and dates of erection when cut into any masonry
surface, or when constructed of metal and affixed flat against the building.
(i) Construction Signs: One construction sign per commercial or industrial construction project
not exceeding sixty-four (64) square feet in sign area, provided that such sign may be erected
upon issuance of a valid building permit, shall be confined to the site of construction, and
shall be removed upon issuance of a valid occupancy permit.
Pennants, banners and streamers shall not qualify as flags and shall require temporary sign
approval per SectionG.O~(l1).
(k) Flags: The flags, emblems or insignia of any nation or subdivision or single corporate flag.
(I) Holiday Decorations: Signs of a primarily decorative nature. clearly incidental and customary
and commonly associated with any national, local or religious holiday; shall not be displayed
for a period of more than one hundred twenty (120) consecutive days.
(m) Inflatable Advertising: One such display, per property, shall be permitted for a period of time
approved by the Plan Commission, but not to exceed eight consecutive weeks, provided the
display is located outside all vision triangles and does not constitute a public nuisance.
(n) Signs not visible from a public right-of-way.
(0) Agricultural Produce Signs: Shall be limited to 64 square feet in area.
Price and Temporary Item Signs: Permitted up to twelve (12) square feet in area for each sign, provided
the signs are not illuminated and no more than two (2) signs per street frontage are erected on the
property, and are no closer than five feet to the property lines. Signs square footage may not be
combined to create one message totaling twenty-four (24) square feet per street frontage. A twelve (12)
square foot "sandwich board" sign is an example of a price and temporary item sign. Said signs shall be
removed at the close of business each day.
(5) NON-CONFORMING SIGN
The existing lawful use of a sign at the time of enactment of this ordinance or any amendment
thereto may be considered as a legal non-conforming use under the terms of Section 4.06 as
applied to their elimination. Disrepair andlor dangerous signs shall be removed. (Ord. #398 - 08-
26-80) Exceptions to this section are as follows:
(a) Off-Premise Directional signage associated with an existing business. See Section
6.09(6)(d).
(b) Abandoned Signs. Abandoned signs have an adverse visual impact, create a distraction to
the traveling public, and constitute a public nuisance and, therefore, are not granted legal
non-conforming rights. See Section 17:6.09(3)(d).
(6) SIGN CLASSIFICATION AND REGULATIONS
(a) Signs for Conditional or Overlay Uses: Subject to the regulations set forth in Section 6.03
signs appropriate to permitted conditional use or uses permitted in overlay districts may be
permitted as determined by the Plan Commission notwithstanding limitations in the basic
district to the contrary. In establishing the size and locational requirements, the Plan
Commission shall be guided by the requirements imposed for similar uses in any of the basic
districts.
e
Ord. #lo84 Page 17
(b) Directional Signs:
1 A Sign not to exceed six (6) square feet in area indicating direction to a church, hospital,
school or other public service building may be permitted in any district upon approval by
the Plan Commission. Not more than four (4) such signs may be erected within the City
for any business or organization. (Ord. #398 - 08-26-80)
2. A sign, not to exceed twelve (12) square feet in area, for the purpose of directing patrons
or attendants to an establishment off the main traveled highway for service clubs,
churches, or other non-profit organizations may be permitted in any district other than a
residential district upon approval of the Plan Commission.
3. Signs not to exceed thirty (30) square feet for service clubs, churches or other non-profit
organizations, may be permitted in any district, upon approval of the Plan Commission,
provided the sign is designed with a substantial landscape base area as defined in
Section17:2.02. and illumination on each side is limited to exterior lighling not exceeding
seventy-five (75) watts per fifteen (15) square feet of sign area.
4. A sign not exceeding two (2) square feet in total non-illuminated copy area (two sides of
copy permitted), only for the display of local religious andlor civic organization directional
signage. may be permitted in the public right-of-way. Four (4) such signs per
organization may be erected in the City at any intersection of an arterial and/or collector
highway in any zoning district. and all signs must be located within a two (2) mile radius
of the organization. Four (4) such signs per intersection shall be permitted. An individual
organization may have one such sign per intersection, and shall be responsible for all
costs of maintenance and removal of the structure. Such a sign shall not:
i. Be located so as to block the traveling public's line of vision; impede safe traffic
movements; interfere with the viewing and/or function of any traffic control devices;
ii. Be designed or positioned so as to be misconstrued as a traffic control device.
(c) For existing off-premise directional signage associated with existing businesses located in
excess of 1000-feet from a collect or arterial, and when said signage is threatened with
relocation or removal as result of development or redevelopment pressures, such signage
may be allowed to be relocated subject to approval by the Plan Commission. As criteria for
approval, the Plan Commission considerations shall include but not be limited to:
1. Site suitability as related to compatibility with proposed surroundings,
2. Structural quality and durability,
3. Conformance to current design standards, possibility of detriment to area property
4. Landscaping provided at the base of the sign.
Size shall be limited to twenty-four (24) square feet in area and nine (9) feet in height above
grade.
(d) Setbacks and Offsets: All signs shall conform to the setback and offset requirements outlined
in the Table of Dimensional Requirements, per Section 6.09(h)
1, Ground signs may be installed at the base setback line with a height not to exceed seven
2. Existing pole signs in the base setback area may be altered subject to the approval of the
(e) Construction Standards: All signs or similar advertising structures shall be governed in their
erection and maintenance by Chapter 30.435 the Building Code of the City. No sign or
similar advertising media shall be erected without a permit as required in this Ordinance and
the Building Code.
values, and public safety.
(7) feet as measured from grade.
Plan Commission.
Ord. #I084 Page 18
(f) Height: No free standing or wall sign shall exceed the height as measured from grade, and
as hereinafter specified by the regulations of the distrlct in which it is located, and as
08-26-80)
summarized in the Table of Dimensional Requirements, per Section 6.09(6)(h). (Ord. #398 -
1 In no case shall the highest point of any sign extend above the highest point of the eave
line of the building which houses the business for which the subject sign advertises
unless otherwise approved by the Plan Commission,
(9) Area: No free standing or wall sign shall exceed the height as hereinafter specified by the
regulations of the district in which it is located and as summarized in the Table of
Dimensional Requirements, per Section 6.09(6)(h).
1 How Calculated:
i. The area of the smallest rectangle, which comprises the sign face. The area of a
sign is the entire face of the sign and shall include any art wo& and insignia within a
single continuous penmeter, including any spacing between letters, figures, designs,
and structure of the sign other than the sign base, together with any frame or other
material, color, or condition which forms an integral part of the display and is used to
differentiate such sign from the wall or background against which it is placed.
A. For a freestanding sign, the definition of sign area does not include the perimeter
architectural embellishments, base structure, and details such as decorative
columns and caps.
B. When the sign only consists of letters, designs, or figures engraved, painted,
be the area of the smallest rectangle within which the entire fixed lettering andlor
projected, or fixed on a building or perimeter wall, the total area of the sign shall
artwork is inscribed.
C. All sides of a sign visible from any one (1) location shall be measured in
determining the area of the sign, except that only one (1) side of a sign shall be
five (45) degrees or less. If the two (2) sides are not of equal size, the larger side
measured if the two (2) sides are back to back or separated by an angle of forty-
shall be measured. A back-to-back sign shall have parallel faces, separated by
not more than two (2) feet.
D. This area does not include the main supporting sign structure, but other
ornamental attachments are to be included in determining sign area.
a
Ord. #I084 Page 19
2. Reader boards shall not exceed 25-percent of the area of the main identification sign and
is to be part of the main identification sign face, a separate face mounted on the same
structure as the main identification sign, or mounted on the building. In any case, such a
sign is in the total allowable square footage calculations for all signage at a specific
location as it applies to wall, projection and freestanding signage. All changeable copy
signs approved by the Plan Commission after January 1, 2002 shall be limited to two (2)
lines of text. The height of the letters installed on said signs shall conform the values
associated with theaters plus churches, schools, government, and other non-profit related
outlined in Table (i) below. Size specifications as herein described shall not apply to sign
district in which it is located.
services, clubs, and organizations except to the extent regulated by the specific zoning
Reader Board Copy Size Height Requirements in Addition to Dimensional Limits. The
height of the letters installed on signs shall conform the minimum values outlined below.
Ord. #I084 Page 20
(h) Table of Sign Dimensional Requirements:
NOTES
(1) Square footage may be increased to the second number at a rate of one (1) square foot far each addilional 10 feel of lo1 fronlage.
after Ihe first 50 feet of fronlage, up la 300 feet of frontage In additlon, square footage may be increased by one (1) square foot for
every two (2) feel additional Setback up from the required setback lo a maximum of a 40-foot setback from the base setback line.
(2) Square footage may be increased from the value found in Note 1 above a maxlmum of 20-percent for all ground and pole signs
located on properties abutting major rural arterlal streets, and if said slleets became urban arterials. sald signs shall be deemed lo
be legal non-conforming pursuant to Section 17 4.06
(3) Ground signs may be located with zero fool setback from the setback line. See Section 17:6.09(6)(d)
14) Height may be increased lo the second number at the late of one (1) foot for every two (2) feel additional setback from lhe required
(i) Sign Size Bonus Permitted. The total area of ground and pole signs may be increased from
setback.
the value found in Note 1 of Table (h) above by the percent listed.
DISTANCE FROM CENTERLINE TO
ULTIMATE RIGHT-OF-WAY
SIGN AREA
ADJUSTMENT
I 40' or less I 0% ~l . .~ _____
50'
60'
+lo%
+ 1 5%
r I 100' or more I +20% I
Ord. #lo84 Page 21
0 (7) INSTITUTIONAL SIGNS:
(a) A sign not exceeding fifteen (15) square feet in area giving the name and nature of
occupancy and information as to the conditions of use or admission may be permitted at each
entrance to the grounds or buildings of a private institution provided the approval of the Plan
Commission is first obtained that each such sign will not create a traffic hazard, is
depreciation of property values in the adjoining neighborhood.
aesthetically in keeping with the character of the neighborhood and will not cause a
(8) QUASI-PUBLIC INFORMATIONAL SIGNS - (ORD. #792 - 04-22-93)
(a) Non-commercial permanent signs of a general informational nature such as community
welcome, safety warning, or other similar nature not to exceed eighty (80) square feet in area
may be erected by service clubs or other non-profit organizations upon approval of the Plan
Commission of the location, size and appearance of such sign. Any such sign may have
direct constant illumination.
(b) No more than three (3) non-commercial temporary signs or one temporary portable sign used
for the sole purpose of advertising a special club or community event not to exceed thirty-two
(32) square feet (each) in area may be erected by service clubs or other non-profit
organizations for a single event. No such sign(s) shall be erected until a Building permit is
obtained from the Building Department. The permit applicant must be a Muskego resident.
There will be no fee charged for said permit and the conditions of the permit shall stipulate
that no more than three signs are permitted for any single event, the maximum period a sign
no limit to directional signs, however, no such sign, shall exceed nine (9) square feet.
is to be located and that any such sign may have direct constant illumination. There shall be
(9) RESIDENTIAL NEIGHBORHOOD SIGNS
Signs limited to identifying the name of the neighborhood area such as a subdivision or housing
development and limited to twelve (12) square feet in area may be permitted at each entrance to
the area provided the approval of the Plan Commission is first obtained that each such sign will
will not cause a depreciation of property values in the adjoining neighborhood. Such sign that is
not create a traffic hazard, is aesthetically in keeping with the character of the neighborhood, and
designed either as an integral part of the architecture of a building or as part of a landscape
architectural feature such as a wall shall be permitted without limitation as to size if the
Commission determines that the foregoing standards would be met.
(10) SHOPPING CENTENPROJECT SIGNS
A sign identifying a shopping center or grouping of stores in excess of 50,000 sq. ft. in area may
the district in which they are located applicable lo Ihe height, size and location of such sign
be permitted with the approval of the Plan Commission by the modification of the regulations of
consistent with the spirit and inlent of the regulations in that district. (Ord. #398 - 08-26-80)
(1 1) TEMPORARY SIGNS
(a) A sign for the purpose of designating a new building or development, for promotion of a
subdivision, for announcement of a special event, or for similar special informational purpose
may be permilted for a limited period of time in any district with the approval of the Plan
Commission and subject to the following:
1, Drawings or sketch drawn to scale showing the specific design, appearance and location
of the sign shall be submitted to the Plan Commission for approval.
2. The permitted size and location of any such sign shall be at the discretion of the Plan
Commission based upon the character of the area, the type and purpose of sign and the
(64) square feet.
length of time permitted. However, in no case shall the size of the sign exceed sixly-four
3. The sign is to be located on the premises involved and such sign may be permitted for a
period up to one year and extension may be permitted six month intervals with Plan
Ord. #lo84 Page 22
0 #406 - 12-09-80)
Commission approval until such time as 75-percent of development has occurred. (Ord.
4. Where the sign is not to be located on the premises involved such sign may be permitted
for a period up to nine months and extension may be permitted for six month intervals
with Plan commission approval, until such time 75-percent of development has occurred.
(Ord. #I433 - 06-23-81)
(b) Upon approval of the Director of Planning, a sign such as a banner, sandwich board over
twelve square feet, etc. for the purpose of announcing a special event or sale, or for a similar
special informational purpose, may be permitted for a maximum of fifteen (15) days at a time,
renewable for up to six (6) months in any district subject to the following:
1, Drawing and/or sketch drawn to scale showing the specific design, physical and electrical
installation plan, appearance, and location of the sign shall be submitted to the Director of
Planning for approval.
2. The permitted size of any temporary sign shall not exceed 64 square feet.
3. Where the sign is to contain electrical service, it shall contain a recognized testing
device (GFI). and meet applicable provisions of the City electrical code, including the
laboratory label such as the Underwriter's Laboratory, Inc., a ground fault interrupter
issuance of an electrical permit therefore. Installations exposed to potential wind damage
shall be made secure with methods as enumerated in the City Building Code.
4. For the purpose of this ordinance they shall not be used to advertise pricing, specials or
temporary promotions. Said banners are Intended to be primarily of a decorative nature
(i.e. corporate logos), and require approval per Section 6.09(11)(b) having a quarterly
review to determine compliance. They must be mounted on hanging brackets or poles
that provlde safeguards against slipping and twisting.
0 (12) STAFF APPROVALS FOR SIGNAGE
(a) All applications for sign permits shall be reviewed initially by the Director of Planning, or his
designee, who may issue permits for temporary or permanent signs and such other signs
which, pursuant to this chapter, can be issued without review by the Plan Commission. The
Director of Planning shall have the authority to deny such permits if the proposed signs do
not comport with the requirements of this Section.
(b) Should the Director of Planning conclude, in his discretion, that the Plan Comrnisslon should
review an application for a sign permit, or should this Section require such review for a
particular sign, the application will be forwarded to the Plan Commission for review at its next
regularly scheduled meeting subject to receipt of a full submittal. The Plan Commission may
vote to recommend approval or disapproval of the application based on the following factors:
1 The exterior architectural presentation and functional plan of the proposed sign will be not
so at variance with or so similar to the exterior architectural presentation and functional
harmony with the area, as to potentially contribute to substantial depreciation in the
plan of signs already constructed or in the course of construction in the area, or so out of
property values of the area;
2. The proposed sign conforms to the location, size and style requirements set forth in this
Section;
4. The proposed sign shares similar architectural or building material features of the principal building.
Ord. #lo84 Page 23
(c) The Plan Commission may establish guidelines which further define and interpret this
Section. Those guidelines, if any, shall be made available to all applicants.
(d) Upon approval or disapproval of a sign application by the Plan Commission, the application
shall be returned to the Director of Planning, who shall issue approved permits or notify
applicants of disapproval of their application and the reasons thereof.
SECTION 3: The several sections of this ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 121h DAY OF FEBRUARY ,2002.
CITY OF MUSKEG0
David L. DeAngelis, Mayor
First Reading: 10/23/01
Deferred: 11/13/01, 11/27/01, 12/11/01
1/8/02. 1/22/02
Cover Ordinance Published on the 2 1 day
of February, 2002.
ATTEST.