Brookfield Town City Zoning Code
§ 17.08
Signs.
[Amended 12-7-2004; 11-21-2006; 9-2-2008]
(1)
Purpose and intent. The intent of this chapter is to provide for and regulate the area, number, location, construction, maintenance and overall design of signs in the Town in a manner which is compatible with surrounding land uses, and promotes public welfare and community aesthetics.
(2)
Compliance. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without first complying with the provisions of this chapter.
(3)
Signs permitted in all districts without a permit. The following signs may not be illuminated in any manner, except as noted, and are subject to the following regulations:
(a)
Real estate signs which advertise the sale, rental, or lease of the premises upon which the signs are temporarily located, are subject to the following restrictions:
1.
Shall be set back a minimum of 10 feet from all lot lines.
2.
Shall not exceed eight square feet of sign display area in residential districts, nor 32 square feet in all other districts. Installations at commercial properties proposing signage larger than 32 square feet require review and approval by the Architectural Control Committee.
3.
Shall be displayed only on the subject property.
4.
Directional signs at entrances to subdivisions may be displayed only during the hours of an open house.
(b)
Election campaign signs are subject to the following:
1.
Shall not be located in a public right-of-way and shall be set back a minimum of 10 feet from all lot lines.
2.
Shall not exceed eight square feet of sign display area in residential districts, nor 32 square feet in all other districts.
3.
Shall not be erected on any parcel of land without the permission of the property owner, renter or lessee.
(g)
Employment and "help wanted" signs are allowed in all districts except residential districts, and approved are for installation only in windows and on the interior.
(h)
Official signs which control traffic, parking restrictions, information and notices.
(i)
Flagpoles shall be regulated as signs not requiring a permit, and are subject to the following:
1.
Shall be set back a minimum of 10 feet from all lot lines.
2.
Shall not exceed the height restriction for the district in which the flagpole is located.
3.
Shall not exceed three flagpoles on any parcel of land.
4.
Shall be illuminated if intended for nighttime display, with fixture and wattage approved by the Architectural control Committee.
(j)
Directional and informational signs directing on-site traffic to loading docks, service or parts departments, or directions to individual tenant suites are allowed with approval by the Architectural Control Committee. Such signage shall be intended to provide direction to internal traffic within a site. It shall be directional in character, without identification graphics or tag lines, and shall be architecturally consistent with the building design concept and other signage of the property. Font size shall not exceed five inches. Total display area shall not exceed eight inches by 30 inches per tenant, unless approved to provide consistency with design features of the development.
(k)
Temporary promotional window signs which are painted, placed in or affixed to a window are subject to the following restrictions:
(l)
Illuminated "open" signs may be installed in windows, subject to a maximum area of two square feet.
(4)
Signs permitted with architectural approval and permit. Each individual sign proposed in accordance with the provisions of this chapter must be applied for and submitted to the Building Inspector pursuant to § 17.08(11) of this chapter. All applications for permits for such individual signs, except such applications as may be determined by the Architectural Control Committee from time to time, shall be forwarded by the Building Inspector to the Committee for review. The Committee is hereby empowered to:
(a)
Withhold the application pending the submittal of any additional information which the committee may require.
(b)
Deny the application based upon nonconformance with the provisions of this chapter, or based upon the Committee's determination that the proposed sign will violate the purpose and intent of this chapter.
(c)
Approve the application as presented, or approve with additional conditions or restrictions which the Committee may impose based on the purpose and intent of this chapter. In the interest of architectural integrity, this chapter expressly allows regulation of all signs in the Town to be based upon the finding of the Architectural Control Committee that such signage will not violate the purpose and intent of this chapter. This chapter cannot prevent the Committee from establishing more or less stringent requirements and conditions prior to approval of any sign application. All sign applications will be returned to the Building Inspector with the action of the Committee clearly stamped on said application. Applications which have been approved by the Committee shall be reviewed for its completeness and accuracy by the Building Inspector pursuant to § 17.08(11) of this chapter. All sign permits, unless otherwise specified by the Architectural Control Committee, shall be issued by the Building Inspector.
[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]
(5)
Signs permitted in all business, manufacturing, institutional, park and nonresidential PUD districts with architectural approval and permit.
(a)
Freestanding signs are self-supporting, monument-type signs, not attached to or reliant upon any other structure for support, and are subject to the following restrictions:
1.
Height must be maintained within the geometric shape resulting from a line 10 feet high at a the property line and extending to the building height; or
a.
Height must be maintained within the geometric shape resulting from a line 12 feet high at the property line and extending to the building height for existing site development conditions where parking is provided immediately adjacent to the proposed sign location, and where the sign could potentially be obstructed by parking.
b.
A raised landscaping planting bed surrounded by decorative masonry or other high quality finish material, of at least two feet in height, shall form a base for the monument sign.
2.
A five-foot-minimum setback or offset shall be provided.
3.
Shall not exceed 70 square feet of sign display area per side, nor 140 square feet sign display area on all sides, for single-occupant buildings, or up to 120 square feet of sign display area per side for multi-tenant developments. Freestanding signs shall identify the name of the development.
[Amended 4-6-2011]
4.
Placement of the sign on the parcel shall be designed such that it does not obstruct the visibility of signage on adjacent parcels nor result in the appearance of visual clutter.
5.
Shall not exceed one freestanding sign per parcel of land.
6.
The background of internally illuminated, cabinet-type sign faces shall be opaque or a color other than white.
7.
Address numerals shall be included on the sign, of eight inches minimum height.
(b)
Wall-supported signs which require securement to a building or structure for support are subject to the following restrictions:
1.
Shall not extend above the parapet wall or the top of the roof of the building which supports it.
2.
Shall not project more than 12 inches from the wall which supports it.
3.
Area limited to 0.8 square feet of signage for each linear foot of building frontage on a public right-of-way, with a maximum area for any one sign not to exceed 100 square feet.
4.
Maximum of two wall-mounted signs per building, subject to the area limits described above, on buildings principally used as offices.
5.
The background of internally illuminated, cabinet-type sign faces shall be opaque or a color other than white.
(c)
Changeable copy signs which are designed to allow the display message to be manually changed are subject to the following restrictions:
1.
Shall require a recommendation for approval from the Architectural Control Committee and Plan Commission, and approval by the Town Board. In granting such approval, the Town Board may impose such conditions as it deems reasonable and necessary so as to carry out the purpose and intent of this chapter.
2.
[1]
Editor's Note: Former Subsection (5)(d), which regarded electronically changeable copy signs, which immediately followed this subsection, was repealed 9-4-2018; see now § 17.08(10)(b).
(6)
Signs permitted in all residential, business, manufacturing, institutional, park, and PUD districts with architectural approval and permit. The following signs are regulated based on the character and nature of the proposed development, as well as the adjacent land uses and context.
(a)
Temporary real estate development signs which are used to designate a new subdivision, development or building are subject to the following restrictions:
(b)
Permanent real estate development signs which are placed at the entrance to a subdivision or development are subject to the following restrictions:
(7)
Temporary signs permitted in all districts with a permit. The Building Inspector may permit the temporary use of signs, banners, flags, searchlights, balloons, tents, or any approvable form of portable signage for the purpose of promotional sales, advertisement, or any short-term event which is not defined under § 17.02(9) as a special occupancy use, subject to the following restrictions:
(a)
Shall be set back a minimum of 10 feet from all lot lines.
(b)
Shall not pose a potential hazard to traffic or adjacent properties.
(c)
Shall be permitted for no more than 30 days in any calendar year.
(d)
Shall be regulated in location, design and construction by the Building Inspector.
(e)
May not be illuminated.
(f)
Parked vehicles with identification graphics shall not be parked or stored on a property so as to present as signage. Commercial sign banner trucks are prohibited.
(g)
Construction trailers with identification graphics shall be regulated per § 17.08(6)(a) as temporary development signs.
(8)
Sign illumination and nuisance prevention. Illumination of all signs permitted in the Town must conform to the following restrictions:
(a)
Shall conform to the provisions established in § 10.08 of the Code of the Town of Brookfield relating to nuisance light on residential properties.
(b)
Signs which are internally illuminated shall not face adjacent lands which are zoned for or used as single-family or duplex use.
(c)
Shall not resemble, imitate, or approximate traffic or railroad signs, signals, or devices; shall not cause glare, mislead or confuse traffic, or impair driver visibility on public ways, private roadways or adjoining properties; shall not be flashing, revolving, blinking, strobe, or animated, except for the display of the time and temperature as approved by the Town Board.
(d)
No illuminating element of any kind may be visually exposed, pursuant to the provisions established in § 10.08(4) of the Code of the Town of Brookfield.
(e)
The level of illumination as measured at one foot perpendicular to any face of an illuminated sign may not exceed 100 footcandles of daytime (6:00 a.m. to 7:00 p.m.) candle power, nor 45 footcandles of nighttime (7:00 p.m. to 6:00 a.m.) candle power.
(f)
Shall conform to the requirements of the National Electrical Code, specifically addressing the requirement for an external switch or breaker to open underground conductors (NEC 600-2); every electric sign shall be listed and installed in conformance with that listing (NEC 600-4); and all signs shall be visible marked with the manufacturer's name, input amperes at full load and input voltage (NEC 600-7).
(9)
Sign construction and maintenance standards.
(a)
Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of area.
(b)
Protection of the public. The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration or maintenance of a sign is permitted, provided the space occupied is roped off, fenced off, or otherwise isolated.
(c)
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 all obnoxious substances, rubbish, weeds and grass.
(d)
Supporting members or braces of all signs shall be constructed of galvanized iron, properly treated wood, steel, copper, brass, or other noncorrosive, fire-resistant material. Every means or device used for attaching any sign shall make use of sound engineering practices.
(e)
No signs or any part thereof or sign anchors, braces, or guy rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe and so such sign or any part of any anchor, brace or guy rod shall be erected, put up, or maintained so as to hinder or prevent ingress or egress through such 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 Town, as necessity therefore may require.
(10)
Measuring sign display area. In calculating the sign display area to determine whether it meets the requirement of this chapter, the Building Inspector shall include the sign copy and any border or frame surrounding that copy. Supporting members of a sign shall be excluded from the sign display area calculation. Sign display area of irregular 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 the elements of the sign.
(a)
Electronic message centers which include all signs or monuments capable of displaying messages by use of words, symbols, numbers, figures, and/or images that are electronically, digitally or mechanically changed by remote or automatic means may be permitted as a conditional use in any mixed-use zoning district. Consistent with the purpose and intent of the Zoning Code, electronic message centers are intended to allow for the advertising or display of business-related activities conducted on the site, or products or services offered, but are not intended to be a substitute for the type of advertising that is typically displayed in weekly sales type publications. Changeable and movable copy signs are not included within the definition of an “electronic message center.” A conditional use permit allowing for the construction and operation of an electronic message center for the purpose of advertising the name of any business conducted on the site, as well as the business services or business activities conducted by the owners, tenants or occupants of the site on which the electronic message center is located may be issued, as provided herein, subject to the following conditions and limitations:
[Added 9-4-2018]
1.
The conditional use permit shall be granted in accordance with the procedure and requirements of § 17.02(14)(b) of the Zoning Code. In addition to the requirement for issuance of conditional use permit contained in § 17.02(14)(b), when considering the application for approval of an electronic message center, the determination to approve, deny or approve with conditions shall take into consideration the requirements and limitations set forth in this section.
2.
There shall be only one electronic message center on each lot or parcel of land. The electronic message center may not be incorporated into a wall or building mounted sign.
3.
The electronic message center may be double-faced, but may not exceed 50% of the total sign face area permitted for any lot or parcel of land and must occupy a secondary position to the name of the business or tenant occupying the property.
4.
Each electronic message center shall be permanently installed or located.
5.
Each electronic message center shall be located so that vehicular traffic on any adjoining public right of way can view the electronic message center, but shall not be located so as to interfere with, confuse or present any hazard to pedestrians or vehicular traffic.
6.
Electronic message centers may display static images only. Blinking, flashing, moving, scrolling or animated messages shall not be permitted. Motion display or displays which give the viewer the illusion of motion shall not be permitted.
7.
Electronic message centers may not change messages, images or displays more than once every 15 seconds, or at such other and greater interval as determined by the Town Plan Commission and Town Board when reviewing and acting the upon the conditional use permit application.
8.
Electronic message centers may only be used for the purpose of advertising or display related to the business services or business activities of the owner, tenants or occupants of the parcel on which the electronic message center is located. The content of any message shall not include any display or information relating to the pricing of any product or service.
9.
Electronic message centers may not be used for the purpose of displaying political message(s) or any other activity governed by § 12.04, Wis. Stats.
10.
Displays and images shall not exceed 0.3 footcandle above ambient brightness at a distance of 200 feet from the electronic message center. Light levels must be adjustable to compensate for outdoor lighting levels during the day and evening hours. Any conditional use permit may prohibit the use of white background between the hours of sunset and sunrise.
11.
Approval and use of any electronic message center shall be subject to, and contingent upon, compliance with all local, state and federal regulations, as well as all provisions of the Town of Brookfield Zoning Code.
12.
The location of the electronic message center must meet all offset and setback requirements applicable to any building or structure located on the site and may not be located on any area of the property on which a building or structure would be prohibited.
13.
Any electronic message center must be maintained in a good state of repair. In the event the Building Inspector determines that the electronic message center is not being maintained in a good state of repair, or in accordance with the terms of any conditional use permit, notice of the deficiency or deficiencies shall be provided to the holder of the conditional use permit, and in the event the deficiency is not corrected within 10 days of the issuance of such notice, use of the electronic message center shall be suspended until the deficiency has been corrected.
(b)
Changeable and movable copy signs which are designed to allow the display of messages to be changed, whether manually or electronically, may be allowed as a conditional use in any B-2 or B-3 Zoning District, subject to the following conditions and limitations:
[Added 9-4-2018]
1.
The conditional use permit may be granted in accordance with the procedure and requirements of § 17.02(14)(b) of this chapter. In addition to the requirement for issuance of conditional use permit contained in § 17.02(14)(b), when considering the application for approval of a changeable and movable copy sign, the determination to approve, deny or approve with conditions shall take into consideration the requirements and limitations set forth in this section.
2.
There shall be only one changeable and movable copy sign on each lot or parcel of land. the changeable and movable copy sign shall not be incorporated into a wall- or building-mounted sign.
3.
The changeable and movable copy sign may be double-faced, but shall not exceed 50% of the total sign face area permitted for any lot or parcel of land, and must occupy a secondary position to the name of the business or tenant occupying the property.
4.
Each changeable and movable copy sign shall be permanently installed or located.
5.
Each changeable and movable copy sign shall be located so as not to interfere with, confuse or present any hazard to pedestrians or vehicular traffic.
6.
Changeable and movable copy signs shall display static images only. Blinking, flashing, moving, scrolling or animated messages shall not be permitted. Motion display or displays which give the viewer the illusion of motion shall not be permitted.
7.
Changeable and movable copy signs shall not change messages, images or displays more than once every 12 hours, or at such other and greater interval as determined by the Town Plan Commission and Town Board when reviewing and acting upon the conditional use permit application.
8.
Changeable and movable copy signs shall only be used for the purpose of advertising the name of any individual business, or the business services or activities conducted by that individual business, which business is located on the site or parcel of land for which the sign is located. The content of any message shall be limited to display of numerical (0-9) characters and/or alphabetical (A-Z) characters, and shall not include any display or information relating to any product or service.
9.
Changeable and movable copy signs shall not be used for the purpose of displaying political message(s) or any other activity governed by § 12.04 Wis. Stats.
10.
Displays and images must be adjustable to compensate for outdoor lighting levels during the day and evening hours. The sign illumination and nuisance prevention standards set forth in § 17.08(8) of the Zoning Code shall be applicable, and the conditions and requirements of that section are incorporated herein by reference.
11.
Any changeable and movable copy sign must be maintained in a good state of repair. In the event the Building Inspector determines that the changeable and movable copy sign is not being maintained in a good state of repair, or in accordance with the terms of any conditional use permit, notice of the deficiency or deficiencies shall be provided to the holder of the conditional use permit, and in the event the deficiency is not corrected within 10 days of the issuance of such notice, use of the changeable and movable copy sign shall be suspended until the deficiency has been corrected.
12.
No conditional use permit may be issued for a changeable and movable copy sign unless the parcel on which the sign is located contains at least 20,000 square feet, and unless the location of the sign meets all offset and setback requirements of the applicable zoning district.
(11)
Sign permit. Application for a permit shall be made on forms provided by the Building Inspector and made available in the Town Clerk's office, and shall contain or have attached thereto the following information:
(a)
Name, address, and telephone number of the applicant. Location of building, structure, or lot to which or upon which the sign is to be attached or erected.
(b)
Name of person, firm, corporation, or association erecting the sign.
(c)
Written consent of the landowner or lessee of the building, structure, or land to which or upon which the sign is to be affixed.
(d)
A scale drawing (and scale sectional drawing) of such a sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.
(e)
A scale site survey indicating the location and position of such sign in relation to nearby buildings, structures, vehicular and pedestrian accessways, public and private rights-of-way, and existing signs on the parcel or on adjacent parcels within 150 feet.
(f)
Copies of any permit required for said sign, including the written approval by the Electrical Inspector in the case of illuminated signs, who shall examine the plans and specification, reinspecting all wiring and connections to determine if the same complies with the Town Electrical Code.
(g)
Additional Information as may be required by the Building Inspector or the Architectural Control Committee.
(h)
Sign permit applications shall be filed with the Building Inspector who shall review the application for its accuracy and completeness. The Building Inspector shall submit all applications to the Architectural Control Committee pursuant to § 17.08(4) of this chapter. Applicants shall be notified of the Committee's decision within 30 days after receipt of the application. A sign permit shall become null and void if work authorized under the permit has not been completed with six months of the date of issuance.
(12)
Legally existing signs.
(a)
Signs lawfully existing as of 9-2-2008 which do not conform with the provisions of this chapter may be continued as an existing nonconforming use as defined in § 17.09 of this chapter.
(b)
Such signs shall not be structurally altered, enlarged or refaced, except in cases of a new business name under the existing ownership, or new owners of an existing business.