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Planning commission adopts signage policy for legally nonconforming commercial uses in residential zones

3227127 · May 7, 2025
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Summary

The commission adopted a policy allowing legally nonconforming commercial uses in residential zones to use B1 signage standards by staff approval, with an appeal path to the planning commission for larger signage.

The Muskego City Planning Commission on May 6 adopted a policy to allow legal nonconforming commercial uses located in residential zones to use a limited set of commercial signage standards without requiring a zoning change.

Under the adopted approach (Resolution PC 0252025), businesses that are legally operating in residentially zoned areas — for example, properties with earlier approvals or conditional use grants — may follow B1 signage standards by default, which staff described as a sign area equal to 3% of wall area and monument signage starting at 10 square feet. Applications to use larger B2, B3 or B4 signage standards would continue to require Planning Commission approval.

Adam (city staff) told the commission the measure is meant to resolve situations where a legally operating business has limited or no entitlement to signage because its base zoning is residential. He said the city currently has “3 or 4” such properties seeking signage, including the facility formerly known as the Muskego Healthcare Center.

“We basically said if anyone falls into one of those two categories, we would, by default, let them follow the B1 signage requirements,” Adam said, describing staff-level sign permits for the B1 option and a planning-commission application for larger signage.

Commissioners discussed examples, including a lakeside bar whose sign was destroyed and a nursing home with a new name seeking updated signage. Commissioner Cieslick said applying smaller commercial sign standards to legacy sites “makes good sense.”

The resolution passed on a voice vote with no further amendments. Adam and Planner Chesbietowski said state rules for certain community-based residential settings (for example, small group homes) still govern signage where state law applies; those state rules would supersede the city policy.

The policy provides an administrative path to normalizing signage for existing commercial uses in residential zones while preserving Planning Commission review for requests that exceed the B1 standard.