PCR2025025 Legal NonConforming Signage PolicyRESOLUTION #P.C. 025-2025
SIGNAGE ALLOWANCES FOR LEGAL NON -CONFORMING COMMERCIAL USES AND FOR
COMMERCIAL CONDITIONAL USE GRANT USES IN RESIDENTIAL DISTRICTS
REVIEW POLICY
WHEREAS, Article XVI of the Municipal Code regulates signage throughout the City, and
WHEREAS, In the Zoning Code there are no commercial -type signs listed as being allowed in residential zoning
districts, and
WHEREAS, There are businesses in some of the residential districts that are legally operating, classified as legal
non -conforming uses, as well as there are some businesses in some of the residential districts that are legally
operating since they have been previously granted a Conditional Use Grant (CUG), and
WHEREAS, Legal non -conforming use are uses that were allowed to operate without a change in use since the
inception of the Zoning Code or changes to the Zoning Code, meaning they are allowed to keep operating even
though their use is not necessarily allowed in the residential zoning districts, and
WHEREAS, By current Code, if there were any new sign or changes needed or desired to existing signs at a legal
non -conforming businesses or a CUG approved business in a residential district, anything aside from a simple
face change to the existing sign, would not be allowed, and
WHEREAS, Staff is proposing a way to balance signage needs of a commercial use with the goal that residents
should not be negatively impacted by commercial uses in their neighborhood.
THEREFORE BE IT RESOLVED, That the Plan Commission approved the policy change to allow limited signage
for legal non -conforming commercial uses in residential zoning districts and for CUG approved uses in residential
zoning districts subject to the following:
1. Legal non -conforming commercial uses in residential zoning districts and CUG approved uses in
residential zoning districts shall be allowed wall signs on the facade(s) of the building abutting a public
right-of-way of three (3) percent of the wall area, identical to those allowed in the B-1, BL-1 or BL-2
Zoning Districts. These signs require a Sign Permit.
2. Legal non -conforming commercial uses in residential zoning districts and for CUG approved uses in
residential zoning districts shall be allowed ten (10) square feet for freestanding signs, with possible
frontage and setback bonuses, identical to those allowed in the B-1, BL-1 or BL-2 Zoning Districts. These
signs require a Sign Permit.
3. If larger signs are sought by the business due to other unique circumstances, they can apply for Plan
Commission review/approval to possibly be allowed signage similar to that allowed in the B-2, B-3 and B-
4 commercial districts, which can allow up to five (5) percent of the wall area for wall signs and 30 square
feet for freestanding signs, with possible frontage and setback bonuses. In these cases, the petitioner
needs to provide the Plan Commission their reasoning for the larger sign size request, as well as address
how/why the neighboring residential uses will not be negatively impacted by their larger sign. The Plan
Commission could consider factors like existing signage, frontage on neighborhood street or county
highway, visibility for neighbors, similar signs on similar uses, etc. This option would still need a Sign
Permit after Plan Commission approval.
Plan Commission
City of Muskego
Adopted: May 6, 2025
Defeated:
Deferred:
Introduced: May 6, 2025
ATTEST: Adam Trzebiatowski AICP, Planning Manager