[Amended 4-22-2003; 3-27-2007; 4-27-2010]
A.
The purpose of this article is to promote public safety by eliminating
improperly located and poorly constructed or maintained signs; to
avoid the depreciation of property values; to promote compatibility
with surrounding land uses while allowing the expression of the identities
of individual properties; and to preserve the beauty and attractiveness
of the Village of Elm Grove as a whole.
B.
Legislative findings. The Village Board of Trustees hereby determines
that:
[Amended 4-26-2011; 8-23-2011]
A.
No sign
shall hereafter be located, erected, moved, reconstructed, extended,
enlarged, converted or structurally altered without conforming to
the provisions of this chapter.
B.
Nothing
in this chapter shall be construed to prevent the erection, construction,
alteration, placement, maintenance or location of nondiscretionary
signs, devices and markings of the state, Village or other governmental
authority or the posting of notices required by law.
C.
All signs
shall be constructed of such a material and posted so as to remain
in place under all weather conditions which are reasonably likely
to occur during the time which the sign is posted.
D.
Prohibited
signs. The following types of outdoor signs are prohibited in the
Village:
(1)
All moving, rotating, flashing or pulsating signs, except for electronic message boards as provided for in § 335-41D(3) and those signs which only give information of time and temperature and which are not closer than 750 feet to another time and/or temperature sign.
(2)
All portable signs, as defined in Article XII of this chapter, are prohibited within the Village of Elm Grove.
(3)
Electronic
message board.
(a)
Electronic message board (EMB), as used in this subsection, means
a sign which allows the changing of the content of the display area
by electronic or programming means without the altering of any physical
surface.
(b)
An EMB may be permitted for business or institutional zoned frontage
on Bluemound Road, Pilgrim Parkway, and Wall Street at any point greater
than 220 feet east from the center line of the right of way of Elm
Grove Road for freestanding and permanent ground signage only, with
the following requirements:
[Amended 3-26-2013; 7-23-2013]
[1]
The electronically changeable area of the EMB may not exceed 30% of the total sign area as defined in § 335-94.
[2]
An EMB must occupy a secondary position to the name of the business
or tenant where placed.
[3]
An EMB must display static images only. Flashing, blinking, moving
or other distracting features are prohibited.
[4]
Text or images, or any portions thereof, on an EMB may change up
to, but not more frequently than once every 30 seconds.
[5]
A message/image on a EMB shall not flash, scroll, twirl or otherwise
move when changing.
[6]
An EMB must be placed and illuminated in a manner so as to not interfere
with, confuse or present any hazard to traffic.
[7]
An EMB may only be used to advertise business activities, that occur
on the property where located.
[8]
Display of EMB’s shall follow § 335-48B(4).
A.
Development and contractor signs. For purposes of this chapter, the
term "development sign" shall mean any sign used to identify a future
residential or nonresidential development project or a development
project that is currently under construction. The term "contractor
sign" means any sign giving the name or names of principal contractors,
subcontractors, architects and lending institutions responsible for
construction or landscaping on the site where the sign is placed,
together with other pertinent information included thereon.
(1)
A development project may have one development sign on each street
that the development abuts. Each sign must be placed on the property
being developed.
(2)
No development sign may exceed eight feet in height or 32 square
feet in area. This sign may be single- or double-faced and may be
perpendicular or parallel to the street.
(3)
Contractors, subcontractors, architects and/or lending institutions
shall consolidate their signs into one sign having a maximum height
of six feet and a maximum sign area of 32 square feet upon obtaining
a permit from the Building Board.
(5)
Contractor signs must be removed upon the earliest of the following:
B.
Demolition and construction code of conduct signs required.
(1)
For purposes of this chapter, the term "code of conduct sign" shall
mean the sign approved by the Village Board of Trustees and obtained
from the Zoning Administrator to notify contractors, subcontractors,
and materialmen of applicable provisions of this Code of Ordinances
pertaining to operation and maintenance sites involving the demolition,
construction, and/or remodeling of the exterior of any structure or
building in the Village.
(2)
All persons applying for demolition and/or building permits for the
demolition, construction, or remodeling of the exterior of any structure
or building within the Village shall purchase a code of conduct sign
from the Zoning Administrator at the fee established from time to
time by the Village Board of Trustees prior to issuance of any building
permit.
(3)
The code of conduct sign required under this subsection shall be
posted in the ground no closer than seven feet to the roadway pavement
edge and driveway, and no farther than 15 feet from the roadway pavement
edge and driveway, in such a manner as to be clearly visible from
the driveway and roadway. The code of conduct shall be prominently
displayed in this manner throughout the time any demolition and/or
building permit is required to be displayed under this Code of Ordinances.
(4)
The requirement for purchase and posting of a code of conduct sign
may be waived by the Zoning Administrator in writing based on the
Zoning Administrator finding that proposed construction or remodeling
cannot reasonably be anticipated to cause a disturbance to occupants
of neighboring residential property or obstruct, damage, or cause
material to be deposited on Village streets.
A.
Permits required. A permit shall be required for all signs, except
for those which do not require a permit pursuant to this chapter.
(1)
A signed authorization to erect a sign from the building owner, if
the applicant is not the owner, shall be submitted with the permit
application, together with the application fee established by the
Board of Trustees from time to time by resolution.
(2)
Considerations in granting permits. In granting a permit to an applicant,
the Village Building Board and Zoning Administrator shall consider
the purpose of said sign, the effect thereof on the safety of operators
of vehicles upon the adjoining streets and highways, the effect thereof
with respect to the danger of human life because of their falling
or combustibility, and the effect thereof on the security of the premises.
In the event of a change in the sign construction, design or
illumination, a permit must be secured and shall be handled in the
same manner as an application for a new sign and must meet the requirements
of the current sign ordinances.
In the event that a temporary exterior sign shall be in place
longer than 15 days, it shall be considered to be a permanent sign,
subject to the provisions of this chapter, and penalties shall apply
with equal effect as in the case of permanent signs.
A.
No sign shall be allowed in any residential district of the Village
without a permit, except the following:
(1)
Real estate sign. A single, nonilluminated advertising sign pertaining
to the lease or sale of real estate shall be allowed on each fronting
public street, provided that such sign(s) does not exceed six square
feet in area and is upon real estate so offered for lease or sale.
Said sign shall be single- or double-sided. Said sign(s) shall be
removed within three days after the closing or 60 days after a sign
indicating that there is an accepted offer for such real estate, whichever
may occur first.
(2)
Directory signs indicating an open house may be placed off the premises
of real estate for sale or lease during the hours of the open house,
provided that said sign(s) comply with all the provisions of this
chapter and consent of the property owner where they are placed is
first obtained.
(3)
No Trespass Signs may be placed on real estate in accordance with
the requirements of § 943.13, Wis. Stats.
(4)
Identification and address signs not exceeding two square feet in
area.
(5)
On-premises rummage sale signs, not to exceed two, shall be allowed.
Such signs shall not exceed four square feet in area and shall be
displayed for no more than 72 hours.
(6)
Temporary signs, four square feet or less in area not otherwise prohibited
by this chapter. There shall not be more than one temporary sign located
on any single lot in a residential district at any one time.
(7)
Political signs, each being six square feet or less in area, subject
to the following provision:
(a)
All political signs on residential properties which address
a particular election may remain erected only during the pertinent
election campaign period as defined in § 12.04(1)(a) of
the Wis. Stats. The person erecting a political sign and the person
on whose residential property said signs are erected are jointly responsible
for their removal within 10 days following said election.
(8)
Home security system signs, 1.5 square feet or less in area. There
shall be no more than two such signs per property.
B.
No sign allowed under this section shall be placed less than seven
feet from the edge of the street pavement, nor so close to a pedestrian
way as to hinder or impede passage. Under no circumstances may a sign
be placed in any area between any Village pedestrian pathway and the
edge of any street pavement.
A.
Temporary church function or civic group signs not exceeding two
in number advertising civic or church functions shall be permitted
on the premises where such function will be held. One of the two signs
may be a banner sign only to be hung on the facade of the church or
civic building. Such a banner sign may only represent a function directly
sponsored by the church or civic group on which the banner is hung.
Such signs shall reflect aesthetic compatibility with adjacent uses,
be constructed of a suitable material, shall be erected not more than
three weeks prior to the event, and shall be removed within 24 hours
following the event.
B.
Off-premises permits for church function, civic group and special
event signs may be issued by the Zoning Administrator upon the approval
of a proper application.
(1)
Permit applications must be accompanied by:
(2)
Shall be limited to a maximum of six off-premises signs for each
advertised event.
(3)
Shall not be displayed without having attached a sticker issued by
the Zoning Administrator that a permit has been issued for such sign.
(4)
Shall not be displayed more than 21 days prior to nor three days
after the advertised event.
(5)
Shall each not exceed four square feet in area, unless the sign is a banner as permitted under § 335-47A.
(6)
Shall not exceed more than one sign per off-premises lot.
(7)
Special events as permitted under Chapter 241 of the Village of Elm Grove Code shall be allowed a maximum of two banner signs, provided:
(a)
A temporary sign permit has been obtained from the Zoning Administrator;
(b)
The proposed banner does not exceed 32 square feet in area;
(c)
The placement of the proposed banner is reviewed and approved
by the Zoning Administrator or his or her designee to ensure that
the signage does not pose a threat to public safety;
(d)
The special event sponsor has no physical premises in the Village;
and
(e)
A special event permit has been approved and issued by the Village.
A.
No sign shall be allowed in any nonresidential district of the Village
without a permit, except the following:
(1)
Sale, lease or rent signs. Allowed sign area for nonresidential sale,
lease or rent signs is only as follows:
(a)
Parcels are allowed one sign not exceeding 12 square feet in
area as long as there is a vacancy.
(b)
The height of each nonresidential sale, lease or rent sign may
not exceed five feet.
(c)
Real estate sign pertaining to the lease or sale of real estate,
not exceeding 12 square feet in area and located on the real estate
offered for sale or lease shall be allowed. Said sign shall be single-
or double-sided. Said sign shall be removed within three days after
the closing or two weeks after a sign indicating that there is an
accepted offer for such real estate, whichever may occur first.
[1]
Real estate signs exceeding 12 square feet in area shall be
allowed upon review and approval from the Building Board.
(2)
No Trespass Signs may be placed on real estate in accordance with
the requirements of § 943.13, Wis. Stats.
(3)
Temporary window signs posted on the interior side of a window cumulatively
occupying not more than 50% of the window area and posted for periods
not exceeding 30 days.
(a)
Permanent window signs reflecting aesthetic compatibility with
adjacent uses and cumulatively occupying not more than 50% of the
window area. Permanent window signs shall be reviewed and approved
by the Building Board. Combined temporary and permanent signs shall
not exceed 50% of the window area.
(4)
Sandwich board signs.
(a)
"Sandwich board" shall refer to a hinged or unhinged A-frame,
movable sign.
(b)
Only one sandwich board sign is allowed per business. All sandwich
board signs shall be moved indoors during nonbusiness hours.
(c)
All sandwich boards must be displayed within 20 feet of a doorway.
Under no circumstance may a sandwich board sign be placed on a public
pathway, the area between a pathway and the street, or in a space
designated for parking.
(d)
A sandwich board sign shall be used to display prices, descriptions
or business-related messages in relation to the goods or services
provided by the business.
(e)
No sandwich board sign area shall exceed eight square feet on
any side or face of the board and shall not exceed four feet from
the ground to the top of the sign.
(f)
If a business chooses to have a temporary sign, it cannot display
a sandwich board sign simultaneous with the usage of a temporary sign.
Both signs cannot be displayed at the same time. Once the temporary
sign is removed, the sandwich board sign can be installed.
(5)
Utility signs, as defined in Article XII of this chapter, are permitted if approved by the Building Board and found not to endanger the public safety.
(6)
Political signs, subject to the following provisions:
(a)
No political sign shall be placed closer than seven feet from
the edge of the street pavement nor so close to a pedestrian way as
to hinder or impede passage. Under no circumstance may a political
sign be placed in any area between any Village pedestrian pathway
and the edge of any street pavement.
(b)
All political signs on nonresidential properties which address
a particular election may remain posted no more than 60 days prior
to and until 10 days after such election.
(c)
No political sign placed on nonresidential property shall exceed
16 square feet in area, and the total area of signage of all political
signs erected on one nonresidential parcel shall not exceed 80 square
feet.
(d)
All political signs shall be constructed of such a material
and posted so as to remain in place under all weather conditions which
are reasonably likely to occur during the time which the sign is posted.
B.
Signs requiring permit. It is the intent of this subsection to establish
guidelines for sign allocations predicated on business function, location
and adjacent zoning, aesthetic compatibility with building, business
center or adjoining businesses, along with the need for public service
and information. Various types of signs are required at business establishments
to communicate the nature of the business and to give direction on
location and services. The following guidelines shall be used by the
Building Board to review business sign sizes, height, numbers, type
and illumination:
(1)
Maximum size of signs. The size of allowable signs shall be determined
by the Building Board, based on the intent stated in the introductory
paragraph of this subsection and the applicable requirements, if any,
of this subsection. In the absence of such applicable requirement,
the formula to be used in determining maximum size is either one square
foot of sign area per one linear foot of building frontage, or one
square foot of sign area per 200 square feet of usable building area,
whichever is greater. The Building Board shall calculate the sign
area of all signs covered by this chapter, and the total sign area
for each business or professional location shall not exceed the figure
determined by the Building Board.
(2)
Measuring signs. The Building Board shall include the sign copy and
any border or frame surrounding that copy to calculate the area of
a sign and determine if it meets the requirement of this chapter.
Supporting members of a sign shall be excluded from the calculation
of area. The area of irregularly shaped signs or signs containing
two or more detached elements shall be determined by the area of the
smallest regular polygon that will encompass all elements of the sign.
For purposes of this subsection, the terms "area of sign" and "sign
area" refer to the surface encompassed within the perimeter of the
sign which forms the outside shape of the sign. If a sign contains
more than one section or part, all sections and parts shall be included
in the total area of the sign. When calculating the area of the sign,
it shall be determined by measuring the outside perimeter of the sign.
When calculating the area of a sign to determine if it meets the requirements
of this chapter, the area shall include the sign copy and any border
or frame surrounding that copy. For signs that are double-faced, or
have a sign copy on two faces which are back to back and facing in
different directions, each sign face may equal the maximum sign area
allowed under this subsection. Supporting structures of signs shall
not be included in the "area of sign" and "sign area," however, all
ornamental elements however attached to the sign shall be included
in determining the sign area.
(3)
Height. A ground sign shall harmonize with the building or activity
it advertises or identifies, and no such ground sign shall be more
than 20 feet above the average ground elevation of the lot or exceed
the height of the building, whichever is lower, except within 50 feet
of Bluemound Road where the maximum sign height shall not exceed 25
feet.
(4)
Sign type, illumination, design and area allotment.
(a)
The type and amount of illumination is to be approved by the
Building Board.
(b)
Overpowering light levels should not be used.
(c)
We encourage building facades and identification signs to be
illuminated from dusk to 11:00 p.m.
(d)
No sign shall exceed 60 square feet in area regardless of location, except as stated in § 335-48B(4)(e) of this chapter.
(e)
Businesses which front on Bluemound Road may be allowed up to
1.5 times the sign area normally designated for their category at
the discretion of the Building Board.
(f)
Only one projecting hanging sign shall be allowed per business
establishment. Wall-mounted and hanging signs will be allowed as approved
by the Building Board.
(g)
Uniform sign format for Business Centers.
[Amended 8-24-2015]
[1]
Business Centers of four or more tenants shall have a uniform
sign format to be approved by the Building Board, concurrent with
the site plan. In addition to fulfilling all the requirements of this
chapter, the uniform sign format shall include the following components:
[a]
An aesthetically developed theme.
[b]
The proposed locations and an example rendering
of all Permanent Signs to be located on the building, including Exterior
Signs and Projecting Signs. Where possible all Exterior Signs and
Projecting Signs shall be centered over the business establishment.
[c]
If proposed for the Business Center, the application
shall include the location of the center identification Ground Sign
and directory Utility Signs. Utility Signs shall not count towards
the total allowable Sign area.
[d]
Each business within the center shall be allocated a Sign area to conform with the requirements under Subsection B(1) above. Each business Sign within the center shall contribute a proportionate share of its Sign allocation toward the center identification or directory sign.
[e]
Each business within the center shall be allowed
one Exterior Sign and one Hanging Sign.
[f]
The sign area allotments listed above are considered
the maximum allowable per business unit and may be reduced at the
owner's option or upon the Building Board's recommendation
when inappropriate for a specific reason or business activity.
[g]
When a change is proposed for a Sign located within a business center with an approved uniform sign format, the proposed change shall be required to conform to the requirements of the business center's uniform sign format. An application to change the Sign shall be made by the owner or occupant of the premises and shall be submitted to the Zoning and Planning Administrator or his/her authorized designee. The submitted application shall include all the information listed in Subsection C below. Said application shall be reviewed by the Zoning and Planning Administrator or his/her authorized designee to ensure the Sign change meets the requirements of the approved uniform sign format for the business center. If the Sign application meets the requirements of the business center's uniform format, a permit shall be issued. The Zoning and Planning Administrator or his or her duly authorized designee may forward a permit application on to the Building Board if it is determined that such review and approval is necessary.
[h]
Business Centers with less than four tenants may
submit for approval of a uniform sign format. Such a submittal shall
be governed in the same manner as prescribed in this code.
[2]
Wholesale-manufacturing-center terminal. Each such business
may be allowed up to one square foot of sign area per linear foot
of building frontage on a public or private roadway serving its location.
(5)
Signs shall be compatible with respect to size, proportions, materials
and color with nearby structures and surroundings.
(6)
Signs shall be designed as an integral architectural element of the
structure and site to which it principally relates.
(7)
The colors, materials and lighting of every sign shall be restrained
and harmonious with the structure and site to which it principally
relates.
(8)
The number of graphic elements on a sign shall be held to the minimum
needed to convey the sign's major message and shall be composed
in proportion to the area of the sign face.
(9)
Project developers, such as shopping centers or structures with more
than one tenant, shall submit a comprehensive description of a uniform
signage system so that individual business or tenant signs will be
harmonious and compatible with the overall design of the structure
and site.
(10)
Identification signs of a prototype design and corporation logos
shall conform to the criteria for all other signs.
(11)
Ground sign restrictions.
(a)
Only one ground sign per frontage road will be permitted on
each property. No ground signs shall be permitted to extend into a
public street right-of-way without approval of the Village Board.
No approval will be granted absent a lease/license agreement being
entered into and that the petitioner must provide insurance naming
the Village and its officers, agents, insurers and employees as additional
insureds.
(b)
Monument signs are preferred where there is adequate room on
site, as determined by the Building Board.
(12)
Sign maintenance and safety specifications.
(a)
Maintenance. The owner of any sign shall keep it in good maintenance
and repair, which includes restoring, repainting or replacement of
a worn or damaged legally existing sign to its original condition;
and shall maintain the premises on which the sign is erected in a
clean, sanitary and inoffensive condition, free and clear of obnoxious
substances, rubbish, weeds and grass. The sign owner shall also be
responsible for the removal of any sign within 30 days following the
discontinuance of any business. If any such sign is not removed within
such time, or if the Zoning Administrator shall find that such sign
is not properly maintained and in a good state of repair, or if a
sign has been erected in a manner that is not in conformance with
the original permit, the Zoning Administrator shall give the property
owner written notification to remove said sign within 15 days, after
which time the Zoning Administrator shall be authorized to remove
the sign, and all expenses incurred shall be assessed against the
property owner.
(c)
Wind pressure and dead loads. All signs shall be designed and
constructed to receive dead loads as required in the Building Code
of the Village.
(d)
Safety. No signs or any part thereof or sign anchors, braces
or guide rods shall be attached, fastened or anchored to any fire
escape, fire ladder or standpipe; and no such sign or any part of
any such sign or any anchor, brace or guide rod shall be erected,
put up or maintained so as to hinder or prevent ingress or egress
through a door, doorway or window or so as to hinder or prevent the
raising or placing of ladders against such building by the Fire Department
of the Village, as necessity therefor may require.
C.
Permit application.
(1)
An application to erect and construct signs shall be made by the
owner or occupant of the premises and shall be addressed to the Building
Board and shall contain the following information on forms provided
by such Board:
(a)
The name and address of the property owner and occupant(s);
(b)
The name of the person, firm or corporation which will erect
the sign;
(c)
The proposed site of such sign, together with distances from
railroad tracks, streets or highways, structures and property lines;
(d)
The material of which the sign is to be constructed, proposed
colors and drawings to scale of the information to be displayed upon
such sign;
(e)
The number of faces on such sign; and
(f)
The method of illumination, if any, together with a survey of
the premises on which sign is to be erected.
(2)
Decision on permit applications.
(a)
Upon approval of an application to erect a sign other than a
temporary sign by the Village Building Board or Zoning Administrator,
a conditional permit therefor shall be issued by the Village Clerk,
which shall become permanent if, six months thereafter, the applicant
shall submit to the Village Clerk an acceptable color photograph of
the sign establishing to the Clerk's satisfaction that the sign
has been erected in conformity with the conditional permit.
(b)
In the event the Building Board shall reject an application,
it shall file such rejection with the Village Clerk and notice thereof
shall be given to the applicant.
D.
Exterior temporary signs.
(1)
Permits.
(a)
Permits for exterior temporary signs shall be issued by the
Zoning Administrator upon approval of a proper application. The Zoning
Administrator may issue four nonconsecutive permits per applicant
for exterior temporary signs in the course of a year. There shall
not be more than one exterior temporary sign located on any single
lot at any one time. An exterior temporary sign permit shall be issued
only for the period of active use of the sign. Exterior temporary
signs shall be permitted in all districts unless otherwise specified
and may not be illuminated. No exterior temporary signs can be placed
in the public right-of-way and shall not exceed 32 square feet in
size.
[Amended 10-26-2010]
(b)
Unless otherwise specified in this subsection or in the permit
as issued, permits for exterior temporary signs shall expire 15 days
after their issuance, except that permits for Grand Opening Signs
shall expire 30 days after issuance. One Grand Opening Sign is permitted
during the lifetime of a business. The Building Board may issue permits
for exterior temporary signs in excess of 15 days. Any exterior temporary
sign erected without a permit or for which the permit has expired
may be removed by the Village without prior notice.
(2)
A business can only display a sandwich board or a temporary sign
at any one time.
(3)
The enforcement of § 335-48D(1) may be temporarily suspended by resolution of the Village of Elm Grove Board of Trustees for a specified period of time as designated by the Board of Trustees. Such suspension may only be authorized when the Board of Trustees makes a finding that a temporary suspension of the enforcement of § 335-48D(1) of the chapter will likely provide a significant benefit to the community or that enforcement of the chapter's § 335-48D(1) will likely cause unnecessary hardship. A business proposing to place temporary signage shall file notification of an intent to place such temporary signage before placement by e-mail, fax or in person on a form provided by the Zoning Administrator.
[Added 10-26-2010]
Any person aggrieved by a decision of the Zoning Administrator or Building Board under this article may appeal to the Zoning Board of Appeals under Article IX of this chapter. In considering such an appeal, the Board of Appeals shall be guided by the standards set forth in this article.
A.
Compliance. Owners of nonconforming signs that obtained permits for
such signs prior to April 12, 1996, must comply with this Sign Article
immediately.
B.
Compliance grandfather clause. Owners of nonconforming signs that
obtained permits for such signs between April 12, 1996, and April
12, 2001, must have complied with this Sign Article by April 12, 2006.
C.
Damage to nonconforming signs. Nonconforming signs that are damaged
or destroyed to the extent of 50% or more of their reasonable value,
or the use thereof is discontinued for a period of 30 days, the privilege
of continuation herein granted is terminated.
A.
Inspections for violations of this article shall be under the direction
of the Zoning Administrator.
B.
Removal of illegal signs. Any sign erected or constructed before
or after the passage of this article without the required permit shall
be demolished or removed by the owner of the sign or by the owner
or occupant of the premises.
