Wildwood City Zoning Code
SECTION 415
400 Sign Regulations - General.
[R.O. 1997 § 415.400; Ord. No. 1324 App. A § 1003.168, 8-14-2006; Ord. No. 1364 § 1, 12-11-2006; Ord. No. 2553, 4-27-2020]
A.
Findings, Purpose And Intent; Interpretation.
1.
Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of Section 415.400, et seq., of this Code, as amended, is to regulate the size, color, illumination, movement, materials, location, height and conditions of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of convenient, attractive and harmonious community, protection against destruction of or encroachment on historic convenience to citizens and encouraging economic development. Sections 415.400, et seq., of this Code allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. Section 415.400, et seq., must be interpreted in a manner consistent with the First Amendment guarantee of free speech.
2.
Signs not expressly permitted, as being allowed by right, or by conditional use permit, site-specific ordinance, by specific requirements in other provisions of this Chapter, or otherwise expressly allowed by the City Council or the Board of Adjustment are prohibited.
3.
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of Section 415.400, et seq., is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interest identified in Subsection (A)(1) of this Section.
4.
These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
5.
These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the City. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one (1) or more of the purposes set forth above.
6.
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
7.
These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by this State, the Federal government or the City of Wildwood. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from regulation.
8.
Signs containing non-commercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.
B.
Sign Permits.
1.
Except as otherwise expressly set forth in this Chapter, no sign shall be erected, constructed, posted, painted, altered, maintained or relocated until a permit has been issued by the Department of Planning. Before any permit is issued, an application, provided by the Department of Planning, shall be filed, together with drawings and specifications as may be necessary to fully advise and acquaint the Department of Planning with the location, construction, materials, manner of illuminating and securing or fastening and the delineation to be of the sign. All signs that are to be illuminated by one (1) or more sources of artificial light shall require a separate electrical permit and inspection.
2.
Structural and safety features and electrical systems shall be in accordance with the requirements of the City of Wildwood Building Code. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Chapter and applicable technical codes. Signs found to be in violation of the requirements of this Chapter and/or applicable technical codes and, which are determined to be a danger to public health and safety, may be subject to the provisions of Article IV of Chapter 215 of this Code (Nuisance Code).
D.
Determination Of Sign Area. The following regulations shall govern the determination of sign area:
1.
Outline Area Of Sign.
a.
Monument Signs. The outline area of a monument sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo or any figure or similar character together with the outer extremities of any frame or other material or color forming an integral part of the display which is used as a background for the sign. The area of a monument sign of individually cut out writing, representation, logo or any figure or similar character which is not enclosed by framing and which projects from a sign support or main body of a sign is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, representation, logo or any figure or similar character, including the space between individual letters comprising a word, but not including the space between individual words.
b.
Flat (Was "Attached") Signs. The outline area of a flat sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo or any figure or similar character together with the outer extremities of any frame or other material or color forming an integral part of the display which is used as a background for the sign. The area of an attached sign of individually cut out writing, representation, logo or any figure or similar character which is not enclosed by framing and which projects from a sign support or main body of a sign is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, representation, logo or any figure or similar character, including the space between individual letters comprising a word, but not including the space between individual words. However, any painted area that is part of the common background area of such attached sign shall be included in the outline area of the sign.
2.
Double-Faced Signs. For purposes of calculating the outline area of a sign on double-faced signs, only one (1) side of a double-faced sign shall be included in the sign area. For purposes Sections 410.400, et seq., double-faced signs shall include those signs where the sign face is parallel or where the interior angle formed by the faces of a V-shaped sign is sixty degrees (60°) or less. If the two (2) faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face.
E.
Exclusions. The provisions of this Section and the following Sections shall not apply to the following structures. However, setback and height requirements for all structures, where applicable, shall be in accord with the regulations of the particular zoning district in which the structure is located.
1.
Government Signs.
2.
Two (2) flags on a single flag pole located within any "R" Residential Zoning District.
3.
Scoreboards on athletic fields facing inwards to the audience.
4.
Show window signs in a window display of merchandise when incorporated and related in content to such display and not attached to the window, except as noted herein. Painted window signs can also be authorized in the Town Center area on any window, but cannot exceed thirty percent (30%) of the area of glazing where they are to be placed. Said painted window signs can be illuminated, but by external sources only, if the lighting fixtures are placed on the exterior of the building or ground-mounted. A permit for painted window signs shall be required from the City of Wildwood.
5.
Gravestones.
6.
Signs of less than ten (10) square feet in outline area when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of an occupied structure or mailbox.
F.
Architectural Review Of Signs.
1.
Regardless of zoning district designation of a property or its location, any sign seeking a review and action by the City's Board of Adjustment must first be submitted to the City's Architectural Review Board for comments, suggestions, or recommendations in this regard. These comments, suggestions, or recommendations are not binding on the Board of Adjustment, but must be provided to it for consideration and, if not followed by its members, justification provided therein.