The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, curb the deterioration of the natural environment and enhance community development. (Ord. 431, 10-24-2002)

ADJACENT PROPERTY: Real property sharing one common boundary with another parcel of real property. Public roads separating parcels of real property shall be disregarded in determining whether property is "adjacent property".

ADVERTISING DEVICE: Any floating, billowing, turning or oscillating device; any colored, shiny, reflective material, or any light or other contrivance, except a sign used to attract attention.

ADVERTISING DISPLAY: Any device, contrivance, object or structure other than a sign used to attract attention.

AREA OF SIGN: Any back area, where defined, of a sign. Contrasting supports are not included. Painted signs on a wall will be measured from the edge of the background color, if used, or the area enclosed by straight lines where no background is defined.

AWNING: Any shelter of decorative dimensional shape extending from the exterior surface of the building, constructed as a supporting framework, covered with nonrigid materials.

AWNING SIGN: Letters, numbers or logos applied to any awning.

BUILDING SIGN: Any sign attached directly to a building.

CANOPY SIGN: A sign not attached directly to a building, but attached by means of a separate structure to a building.

EAVE LINE: The outside of the fascia or rafter tails or the outside of the bottom of a mansard roof fascia.

FREESTANDING SIGN: A sign not attached to any building, directly or by means of a separate structure.

HEIGHT: The distance between the top of a sign and the surface of the nearest adjacent public road.

NAMEPLATE: A sign naming the occupant, the occupant's occupation and the address.

POLITICAL SIGN: Any sign dealing with a candidate for elected office or an issue that will be presented to the public on a lawful election ballot.

PROJECTING SIGN: Any sign which is attached to a building and has a surface which extends more than one foot (1') away from the exterior of a building.

PROPERTY OWNER: The owner of the real property upon which a sign is located.

REALTY SIGN: A temporary sign advertising the sale, lease or rental of property upon which it is located, and the identification of the company and/or person handling the transaction; it includes "For Sale By Owner" signs.

ROADS: A public thoroughfare; multiple road frontages require two (2) different streets with a frontage of at least fifty feet (50') each on each road.

SIGN: A visual device of writing or images installed for the purpose of attracting or informing people. A "sign" shall not mean letters six inches (6") or less in height on windows or glass doors, nor shall it include manufactured letters indicating the name or nature of the business applied to the surface of a building in which the business is being conducted.

SINGLE FACE SIGN: A sign attached parallel to a building wall, projecting no more than eighteen inches (18") from the building wall, and having writing or images only on the one surface of the sign facing away from the building wall.

SPECIAL EVENT: Sales, sale promotions, community events, holidays and similar functions.

STREET TREE: Any tree, the trunk of which is located in any portion of the right of way of any public road or street within the city of Wendell. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

Every person proposing to erect a sign owned or leased by them shall make application to the city building department for a sign permit. The application shall state the size and weight of the sign, the distance it is to project from a building and the details of its supports providing attachment to a building or the ground. The building official shall issue a permit for the sign and it shall be unlawful to erect or place a sign without such a permit. Political signs must be removed within ten (10) days after the election to which they pertain. A nonrefundable fee to be set by resolution of the city council shall accompany every application for a sign. (Ord. 431, 10-24-2002)

   (A)   Any illuminated advertising device or advertising display shall emit a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall such an illuminated sign or device be placed or directed to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance.

   (B)   No sign shall employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention; provided, however, subsection (A) of this section and this subsection shall not apply to any sign which conveys messages by moving letters or numbers, produced by electronic means. Any such sign may be allowed by special use permit, utilizing the procedures for a special use permit set forth in section 5-1-9 of this title. In no case shall the message area of any such sign for which a special use permit is issued exceed a total of sixty (60) square feet.

   (C)   No sign of any classification shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving accesses to any fire escape.

   (D)   All signs shall be secured in such a fashion as to prevent unsafe movement or vibration in conformance with the most recent edition of the building code adopted by the city.

   (E)   No sign shall be placed in any public right of way except publicly owned signs. Signs directing and guiding traffic or containing traffic markings located on private property but bearing no advertising matter shall be permitted.

   (F)   No sign shall be above the top roofline of the building on which it is placed.

   (G)   The electrical features of any sign and the installation thereof shall have been inspected by the state electrical inspector and evidence of the permit provided to the city building official prior to the operation of the sign.

   (H)   For industrial and commercial properties, of a depth of more than two hundred feet (200'), one and one-half (11/2) square feet of total sign area per linear foot of street frontage will be allowed by special use permit. More than two (2) freestanding signs per road frontage may be allowed by special use permit as long as there is a minimum distance of one hundred feet (100') between signs.

   (I)   The maximum height of any freestanding sign, except for signs located in the commercial and industrial zones, shall be thirty five feet (35').

   (J)   Building signs are allowed on each building face not to exceed three (3) square feet per linear foot of building width. (Ord. 431, 10-24-2002)

   (A)   R Zone: No signs shall be permitted in the R zone, except for political signs and one realty sign, which sign must be located on the property which is for sale, lease or rent and which may not exceed a total of six (6) square feet in area.

   (B)   R Zone: Apartments, condominiums, townhouses, churches, nursing homes and public buildings may have one sign facing each adjoining street. Signs shall be limited to thirty two (32) square feet unless mounted on a building and shall be limited to a maximum of six feet (6') in height. Signs must be at least fifteen feet (15') from any adjacent property.

   (C)   Industrial/Commercial Zone:

      1.   Each property may have one freestanding sign facing each adjacent road of not over two hundred (200) square feet and not over thirty five feet (35') in height. Freestanding signs must be at least ten feet (10') from any adjacent property.

      2.   Each property may have one single faced building sign facing each adjacent street frontage. The area of the building sign may not exceed three (3) square feet per linear foot of the side of the building facing the street frontage.

      3.   Projecting signs are permitted only in this zoning district. Each building may have one projecting sign for each adjacent street. Signs are limited to eight (8) square feet and may not project more than four feet (4') from the building nor closer than two feet (2') from the curb. The bottom of any projecting sign must be at least eight feet (8') above the ground. Projecting signs, which are used in historical restorations, may exceed these standards by special use permit. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

Freestanding signs must meet all setbacks for structures required in each zoning district; provided, however, that a realty sign or sign or bulletin board allowed at a place of worship, library, social club or fraternal society, shall be set back a minimum distance of ten feet (10') from the boundaries of any established public right of way or alley. (Ord. 431, 10-24-2002)

In order to provide for business identification while also providing the public benefits of street trees, the design and placement of a freestanding sign shall consider the siting of existing or approved street trees, and shall comply with the allowed and proper pruning techniques of the mayor. Sign height may not be limited by existing street trees, nor shall street trees be illegally topped or pruned in order to improve the visibility of a sign. In cases where a property owner desires to maximize the visibility of its sign, and where a prior approval has been issued by the city for a tree type and location, then these trees may be removed or replaced on site; provided, that an equal or greater amount of, or potential for, a street tree is provided. Such proposed changes shall include a review and recommendation by the mayor. (Ord. 431, 10-24-2002)

Whenever a business, person, enterprise or institution for which existing signage does not conform to the requirements of this chapter, seeks to structurally alter or enlarge an existing sign, or erect or install a new sign, the provisions of this section shall apply as follows:

   (A)   The alteration, enlargement, installation or erection of signage shall not increase the degree of nonconformity.

   (B)   If the value of structural alterations to a nonconforming sign equals or exceeds twenty five percent (25%) of the value of the sign, as determined by the building official, the sign shall be made to conform to all provisions of this chapter.

   (C)   Enlargement, installation or erection of conforming signage shall be accompanied by a reduction in the degree of nonconformity for other signage existing on the premises. This reduction in nonconformity can be accomplished by a reduction in size, removal, relocation, or a combination of reduction, removal and relocation. The total cost of reduction, removal or relocation of nonconforming signage shall equal, as nearly as is practical, seventy five percent (75%) of the value of new conforming signage, or the cost necessary to bring all signage on the premises into conformance with this chapter, whichever is the lesser requirement.

   (D)   The provisions of subsections (B) and (C) of this section do not apply to temporary signs or to illegal signs. Temporary signs that do not comply with the requirements of this title shall be removed within ninety (90) days after notification of the sign's nonconformity. (Ord. 431, 10-24-2002)

Should any sign not be applied for or installed, erected, constructed, maintained or removed in violation of any of the terms of this chapter, the building official shall notify, in writing, the owner or lessee of such sign to apply for, alter, maintain or remove the sign. If the owner or lessee of any such sign fails to apply for, alter, maintain or remove the sign in accordance with the notice from the building official within ten (10) days of the receipt of the written notice, the failure to comply with such notice shall be deemed a misdemeanor. (Ord. 431, 10-24-2002)