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Hartland Village City Zoning Code

ARTICLE VII

SIGNS19


Footnotes:
--- (19) ---

Cross reference— Buildings and building regulations, ch. 18; streets and sidewalks, ch. 78.


Sec. 46-976.- Purpose of article.

The intent of this article is to provide for and regulate the location and safe construction of signs to ensure that signs are compatible with surrounding lands uses, are well maintained, express the identity of individual proprietors and the village as a whole, preserve and protect property value, do not distract and endanger traffic safety and flow, do not result in an uncontrolled proliferation of signs, and preserve the character and attractiveness of a neighborhood or the village.

Sec. 46-977. - Permit required.

No sign shall, after the effective date of the ordinance from which this chapter is derived, be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit in accordance with section 46-79 except those signs excepted in section 46-978 and without being in conformity with the provisions of this chapter. All signs requiring sign permits shall be subject to architectural board review and approval. All illuminated signs shall require a sign permit.

Sec. 46-978. - Signs permitted in all districts without a sign permit.

The following signs are permitted in all zoning districts without a permit, subject to the following regulations:

(1)

Real estate sale or rental sign (temporary). One real estate sign per premises or street frontage, whichever is greater but no more than two signs, which advertise the sale, rental or lease of the premises upon which it is located provided that the sign area does not exceed eight square feet for residential zoning districts or 35 square feet for business, manufacturing or institutional districts.

(2)

Personal name and warning signs. Personal name and warning signs not to exceed a sign area of two square feet located on the premises. Such signs shall not be illuminated.

(3)

Identification signs. Names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(4)

Official governmental signs. Official governmental signs such as traffic control, parking restrictions, and public information and notices.

(5)

Temporary signs. Temporary signs, only on private property, for a period not to exceed 30 days per special event or activity with signage.

(6)

Election campaign sign. Election campaign signs provided that consent shall be obtained from the property owner, renter or lessee. Such signs shall comply with the following requirements:

a.

Sign area per campaign sign shall not exceed 35 square feet in any nonresidential zoning districts.

b.

Sign area per campaign sign shall not exceed 16 square feet in any residential zoning districts unless the sign is affixed to a permanent structure and does not extend beyond the perimeter of the structure nor obstruct a window, door, fire escape, ventilation shaft or other area which is required by the Municipal Building Code to remain unobstructed.

(Ord. No. 864-21, § 1, 3-22-2021)

Sec. 46-979. - Signs permitted in residential districts with a sign permit.

(a)

Special real estate development monument signs (permanent). Special real estate development monument signs (permanent) are located at entrances or along streets or highways, which designate a particular development and which only include the name of the development; provided that such sign area shall not exceed 35 square feet; provided that such signs shall be at least 15 feet from the edge of the street pavement; and further provided that such signs shall be constructed and properly maintained so as to be aesthetically pleasing to the surrounding development. Such signs shall not be internally illuminated, but may be externally illuminated.

(b)

Special real estate development signs (temporary promotional signs; does not include for sale or rental signs, which are regulated by section 46-978(1)). Special real estate development signs (temporary) for the purpose of directing attention to the opening and location of a new building or a new residential subdivision or development, provided that such signs shall not exceed a sign area of 35 square feet; and further provided that such signs shall be at least five feet from the outer edge of the street right-of-way. Sign permits for such signs may be issued for a period not to exceed six months, but may be renewed prior to expiration at no additional fee charge.

(c)

Home occupation signs and professional home office signs.

(1)

Applicants for these types of signs must meet the definition of the terms "home occupation" and "professional home offices" found in section 46-1.

(2)

The sign will not exceed an area of two square feet.

(3)

The sign must be a wall sign that is attached to a residence.

(4)

The sign must be nonilluminated.

(5)

Only one sign per premises is allowed.

(d)

On-premises driveway ingress/egress and direction signs. Incidental accessory signs such as those to identify parking lot entrances and exits, or to direct or instruct tenants or customers may be placed on the premise provided that no such signs are located in the public street right-of-way unless approved by the architectural board; and no ingress/egress or direction sign area shall exceed four square feet per sign.

Sec. 46-980. - Signs permitted in all business, manufacturing and quarrying/extractive districts with a sign permit.

Signs are permitted in all business, manufacturing and quarrying/extractive districts, subject to the following restrictions:

(1)

On-premises wall and fascia signs. On-premises wall and fascia signs placed against the exterior walls of buildings shall not extend more than 12 inches outside of the building's wall surface. The total area of copy of wall or fascia signs for any one business, manufacturing or quarrying/extractive establishment shall not exceed one square foot per lineal foot of building frontage occupied by the establishment. Wall and fascia signs above the first story or the second floor window sill, whichever is higher, are prohibited. Such signs shall not be internally illuminated, except in the B-1, B-2 and M-1 districts, however all such signs may be externally illuminated.

(2)

On-premises projecting signs. On-premises projecting signs fastened to, suspended from or supported by structures attached to buildings shall not exceed a sign area of 12 square feet for each business or manufacturing establishment on premises containing no more than two such establishments. A premise having three or more business or manufacturing establishments shall submit a sign plan for architectural board review and approval to determine the number, size and location of projecting signs that may be allowed, including potentially providing only one projecting sign which may collectively advertise or identify the businesses, persons, activities, goods, products or services located on the premises. All on-premises projecting signs shall not extend more than four feet from the building; shall not extend more than three feet into any public right-of-way; shall not exceed a height of 20 feet above the adjacent mean centerline street grade or extend beyond the height of the roofline or above the top of the second floor window, whichever is lower; and shall not be less than ten feet above a sidewalk nor 15 feet above a driveway or an alley. The architectural board may grant up to two feet of exception to the minimum height requirement above a sidewalk. Such signs shall not be internally illuminated, but may be externally illuminated.

(3)

On-premises awning, canopy and marquee signs. On-premises awning, canopy and marquee signs shall be affixed flat to the surface of an awning, canopy or marquee; shall not extend vertically or horizontally beyond the limits or edges of said awning, canopy or marquee; shall not exceed a sign area of 35 square feet; shall not extend more than three feet into any public right-of-way; shall not exceed a height beyond the first story or the second floor window sill, whichever is higher; and shall not be less than ten feet above a sidewalk, nor 15 feet above a driveway or an alley The architectural board may grant up to two feet of exception to the minimum height requirement above a sidewalk. A name sign not exceeding two square feet in sign area located immediately in front of the entrance to an establishment may be suspended from an awning, canopy or marquee provided that the name sign shall be at least eight feet above a sidewalk. Such signs shall not be internally illuminated, but may be externally illuminated.

(4)

On-premises monument (ground) signs. Monument signs shall not exceed eight feet in height; shall be set back at least 15 feet from front, side or rear lot lines for the district in which it is located, except the B-3 district; and shall not exceed a sign area of 35 square feet. Only one sign may be permitted for any one premise unless section 46-980(10) applies. Such signs shall not be internally illuminated, but may be externally illuminated.

(5)

On- and off-premises pole or pylon signs. Pole or pylon signs may only be allowed in B-1, B-2 and B-3 districts on a case-by-case basis as determined by the architectural board based on physical site limitations, visual restrictions and other limiting factors. Such signs shall not exceed a sign area of 35 square feet; shall not exceed 20 feet in height above the base of the sign location or the adjacent mean centerline street grade only if the sign location is below the street grade, whichever is higher; shall meet the side and rear yard requirements of the district in which they are located; and shall have a minimum street yard requirement of 15 feet in all districts, with the exception of signs in the B-3 district which shall have no minimum street yard requirement. The illumination of such signs shall be subject to review and approval by the architectural board.

(6)

On- and off-premises driveway ingress/egress and direction signs. Incidental accessory signs such as those to identify parking lot entrances and exits or to direct customers, for example, to drive-in or drive-through services may be placed on the premises provided that no such signs are placed in the public street right-of-way unless approved by the architectural board; and no sign area shall exceed four square feet per sign.

(7)

On-premises window signs. On-premises window signs, except for painted signs or decals, shall be placed only on the inside of buildings, shall not exceed 25 percent of the glass area of the pane upon which the sign is displayed, and shall not be placed on glass doors or window areas that will impede pedestrian safety or prohibit view by police.

(8)

Special real estate development monument signs (permanent). Special real estate development monument signs (permanent) located at entrances or along streets or highways which designate a particular development and which only include the name of the development; provided that such sign area shall not exceed 35 square feet; provided that such signs shall be at least 15 feet from the outer edge of the highway or street right-of-way; and further provided that such signs shall be constructed and properly maintained so as to be aesthetically pleasing to the surrounding development. Such signs shall not be internally illuminated, but may be externally illuminated.

(9)

Special real estate development signs (temporary promotional signs; does not include for sale or rental signs, which are regulated by section 47-978(1)). Special real estate development signs (temporary) for the purpose of directing attention to the opening and location of a new building or a new business or manufacturing development, provided that such signs shall not exceed a sign area of 35 square feet; and further provided that such signs shall be at least five feet from the outer edge of the street right-of-way. Sign permits for such signs may be issued for a period not to exceed six months, but may be renewed prior to expiration at no additional fee charge.

(10)

Combinations. Combinations of any of the above signs shall meet all the requirements for that type of individual sign. The total number of signs on any premises shall be limited as follows:

a.

Up to two advertising signs may be permitted per premise, but no more than one freestanding sign unless approved by the architectural board. Owners may elect for them to be any combination of wall, fascia, awning, canopy, projecting, monument or pole/pylon signs, if a pole/pylon sign is permitted in accordance with section 46-980(5), not exceeding a total of two. For premises containing two or more individual business or manufacturing establishments, in lieu of separate signs for multiple individual business or manufacturing establishments on a premise, one sign having a total sign area not exceeding 100 square feet may be permitted to collectively advertise or identify the business or manufacturing establishments, persons, activities, goods, projects or services on the premises. Further, for premises containing two or more individual businesses or manufacturing establishments, the architectural board shall have the authority to vary from this Code to determine the type, number, size, height, and location of such signs.

b.

Multi-tenant buildings may provide a tenant directory near an entryway as one of the two signs permitted.

c.

Separate individual projecting, wall, fascia, awning or canopy signs may be allowed for each tenant in a shopping center or business complex subject to review and approval by the architectural board of an overall coordinated sign plan for the shopping center or business complex. The size of signs approved in this manner shall be calculated using the width of the business unit frontage or bay occupied by each tenant and shall not exceed one square foot per lineal foot of building frontage occupied by the business unit.

d.

Large developments with one or more buildings totaling a floor area of 25,000 square feet or greater with multiple arterial street frontages may have an additional monument sign to identify the development, upon architectural board review and approval.

e.

Price signs for gasoline, diesel or alternative fuel sales shall be limited to one sign per business site.

f.

Changeable copy reader boards may be incorporated in a sign upon architectural board review and approval without reducing the allowable size of the wall, monument or pole/pylon sign, if the latter is permitted in accordance with section 46-980(5); however, such reader boards shall not exceed 20 square feet in sign area.

(Ord. No. 818-14, § 1, 2-24-2014)

Sec. 46-981. - Signs permitted in all institutional and park and recreation districts with a sign permit.

The following signs are permitted in the I-1 and P-1 districts with a sign permit. Score boards without commercial logos or advertisements at schools and parks are allowed in such districts and do not require a sign permit.

(1)

Private institutional, park and recreation name signs.

(2)

Public institutional, park and recreation name signs.

(3)

Changeable copy reader boards may be incorporated in signs in the I-1 district.

(4)

Design and location of institutional and park and recreational signs shall be approved based on the compatibility of such signs with adjacent land uses and the character of the neighborhood.

(Ord. No. 848-18, § 1, 4-23-2018)

Sec. 46-982. - Searchlights.

Searchlights may not be used in the village without a permit. The village board may permit the temporary use of a searchlight for advertising purposes in any district, provided that the searchlight will not be located in any public right-of-way, will not be located closer than ten feet to an adjacent property, and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period. No permit shall be required by any federal, state or local government to operate a searchlight in the village for official business.

Sec. 46-983. - Prohibited signs.

The following signs are prohibited.

(1)

Outdoor off-premises signs, including billboards, are prohibited with the following exceptions: official signs; temporary rummage and garage sale signs; pole or pylon signs allowed in accordance with section 46-980(5); driveway ingress/egress and direction signs allowed in accordance with section 46-980(6); and signs located near village boundaries identifying civic or other nonprofit community service organizations located within the village.

(2)

Abandoned signs that advertise an activity, business project or service no longer conducted or available on the premises on which the sign is located. See section 46-989.

(3)

Advertising vehicles or trailers which have attached to or located thereon any sign or device for the purpose of advertising a business, product or service or for directing people to a business or activity. No person shall park any such vehicle or trailer on a public right-of-way, on public property, or on private property so as to be visible from a public right-of-way. This provision is not intended to prohibit incidental vehicular signs that are customarily attached, lettered or painted on a vehicle or trailer that identifies the ownership or function of the vehicle.

(4)

Signs that advertise activities which are illegal under village, Waukesha County, state, or federal laws or regulations.

(5)

Signs which bear or contain statements, words or pictures of obscene or pornographic subjects.

(6)

Other certain on-premises signs as follows:

a.

Roof signs erected on the roof or over the roofline of a building.

b.

Billboards.

c.

Pole and pylon signs except those allowed in accordance with section 46-980(5).

d.

Portable trailer signs.

e.

Signs painted on, attached or affixed to trees or other living vegetation.

f.

See section 46-984 below for additional types of prohibited signs.

Sec. 46-984. - Lighting and color.

Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices. Signs shall not be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape; and no sign shall be attached to a standpipe or fire escape. Signs shall not be placed in such a way as to cause glare or impair driver visibility upon public ways. Other than public traffic control signs, signs shall not have elements that are flashing, scintillating, blinking, moving, rotating or pulsating. Signs that include electronic message boards and those that give cyclical time and temperature information shall not be considered flashing or pulsating signs. Bare light bulbs are not permitted. All illuminated signs shall meet the illumination standards set forth in section 46-955. Signs in residential districts shall not be internally illuminated.

Sec. 46-985. - Traffic visibility.

No sign shall be placed so as to obstruct or interfere with traffic visibility.

Cross reference— Traffic and vehicles, ch. 82.

Sec. 46-986. - Landscaping.

All permanent freestanding signs, except in the B-3 district when space is limited, shall be set in a landscaped base of appropriate size to contain flowers, groundcover, ornamental grasses, shrubs and/or other base plantings, except turf grass, that will enhance and complement the sign. The landscape area shall be at least six feet wide with a length of at least 1.5 times the overall length of the sign face or sign structure, whichever is longer.

Sec. 46-987. - 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; and, shall be constructed to receive dead loads as required in the Building Code or other ordinance.

(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 that the space occupied is roped off, fenced off or otherwise isolated.

(c)

Maintenance standards.

(1)

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. Restoration or painting which changes the name, size or location of a sign will require a new sign permit.

(2)

The sign owner shall be required to have all parts and supports of sign properly treated as directed by the building inspector to prevent rust and deterioration.

(3)

The sign owner and/or property owner shall be responsible for the maintenance of the sign.

(d)

Supporting members or braces. Supporting members or braces of all signs shall be constructed of galvanized iron, properly treated steel, copper, brass or other substantial material. All projecting signs, if placed at a right or other angle to the wall or roof of any building, shall be attached by such noncorrosive metal bolts, anchors, cable or other metal attachments as shall ensure permanent and safe construction and shall be maintained free from rust and other defects. Every means or device used for attaching any sign shall extend through the walls or roof of the building should the building inspector determine that the safe and permanent support of such sign so requires and shall be securely anchored by wall plates and nuts to the inside of the walls or to bearings on the underside of two or more roof or ceiling joists in accordance with instructions given by the building inspector. Small flat signs containing less than ten feet of area may be attached to a building by the use of lag bolts or other means to the satisfaction of the building inspector.

(e)

No signs. No signs or part of a sign, 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 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 as necessity therefore may require.

(f)

Wiring. Overhead electrical wiring is prohibited except in the B-3 district.

Sec. 46-988. - Existing nonconforming signs.

Signs lawfully existing on the effective date of the ordinance from which this chapter is derived may be continued although the size or location does not conform to this chapter. Such signs shall be deemed nonconforming uses or structures, and the provisions of section 46-18 shall apply. When a business or other use changes, thereby requiring a new sign message, the sign shall be brought into conformance with the provisions of this chapter, including application for a sign permit if required.

Sec. 46-989. - Abandoned signs.

All signs shall be removed by the owner or lessee of the premises upon which a sign is located when the business it advertises is no longer being conducted, or the building, or any portion thereof, is dilapidated or beyond repair under the provisions of Wis. Stats. § 66.0413. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 30 days' written notice to remove such sign. Upon failure to comply with this notice, the village may initiate appropriate punitive action.

Sec. 46-990. - Measuring signs.

In calculating the area of a sign to determine whether it meets the requirements of this chapter, the building inspector shall include the sign copy and any border or frame surrounding that copy. Supporting structural members of a sign shall be excluded from the area calculation. If the sign consists of more than one section or module, all areas will be totaled. Any irregular shaped sign area shall be computed using the actual sign face surface. In the case of individual letters and numbers, the area of the copy will be squared off and used.

The sign height shall be the vertical distance measured from the grade at the base of the sign structure to the highest point of such sign or sign structure. In the case where a sign is to be located in a raised plant bed (planter) or on a berm, the grade shall be determined by the average of the grades measured at the base of the planter or the toes of the slope at the front and back of the berm.