Town of Millville, DE Sign Regulations

Editor’s Note: The definition of “instructional sign,” added 8-14-2012 by Ord. No. 13-02, which immediately followed, was repealed 4-12-2016 by Ord. No. 16-06.

Editor's Note: The former definitions of "floodlight illumination "(direct lighting)" "indirect illumination," "indirectly illuminated sign," and "internal illumination," which respectively preceded this definition, were repealed 8-14-2012 by Ord. No. 13-02.

[3]

Editor's Note: The former definitions of "street line," which immediately followed this definition, was repealed 8-14-2012 by Ord. No. 13-02.

§ 155-41 (Reserved) [1]

Editor's Note: Former § 155-41, Types of signs, was repealed 8-14-2012 by Ord. No. 13-02.

§ 155-42 Location of signs.

Detached. A detached sign which shall include any permanent sign supported by uprights or braces placed upon, or in, or supported by the ground and not attached to any building.

A detached sign may be either parallel or perpendicular to the face of a building, provided the building is facing a publicly maintained street, or facing a proposed street meeting all the criteria of a publicly maintained street;

A detached sign shall have a minimum setback of ten (10) feet from the front property line and twenty-five (25) feet from any other property line. For any sign with a length greater than the height, the bottom of the sign shall be no higher than ten (10) feet. For any sign with a height greater than the length, the bottom of the sign shall be no higher than eight (8) feet; and

[Amended 8-14-2012 by Ord. No. 13-02]

A detached sign shall not interrupt existing sign continuity on the street for which it is proposed, nor shall there be more than one (1) detached sign on a lot or undivided parcel of land.

[Amended 8-14-2012 by Ord. No. 13-02]

Projection. Projecting signs shall include any sign which is attached to a building and extends into the required setback area for the building. Projecting signs are subject to the following:

[Amended 8-14-2012 by Ord. No. 13-02]

No projecting sign shall project or extend more than five (5) feet into a required building setback;

No projecting sign shall be permitted which obstructs or interferes or in any way becomes a hazard to the orderly movement of pedestrian and/or vehicular traffic;

No projecting sign shall exceed in thickness twelve (12) inches measured between the principal sides of any projecting signs;

Any projecting sign or part thereof, placed above a sidewalk, public way, etc., shall be a minimum of eight (8) feet from the bottom of the sign to the walking surface or public way and no part thereof may extend beyond the roofline at any point; and

No projecting sign shall exceed twenty-four (24) square feet on any single face, or a total of forty-eight (48) square feet.

Wall. Any sign attached to and erected parallel to the face or the outside wall of a building shall not extend more than twelve (12) inches from the building wall. A wall sign may not extend beyond the wall or above the roof of the building on which it is located.

[Amended 8-14-2012 by Ord. No. 13-02]

§ 155-43 Signs prohibited in all districts.

The following signs shall be prohibited in all districts:

Flashing signs, except those with the limited capacity of showing time and temperature indicators;

[Amended 4-12-2016 by Ord. No. 16-06]

Animated signs;

Signs which produce noise or sounds or emit smoke, flame vapor, particles or odor;

Pennants, banners, streamers and all other fluttering, spinning or similar type signs and advertising devices with the exception of a flag no larger than three (3) feet by five (5) feet, mounted on a pole, attached to the front facade of the business or organization, and displayed only when the on-premises business or organization is open to the public. For each business or organization, the number of flags allotted is one (1). Other exceptions are national flags or flags of political subdivisions or the United States or the State of Delaware;

[Amended 8-14-2012 by Ord. No. 13-02; 11-8-2016 by Ord. No. 17-04]

Signs with intermittent lights resembling or seeming to resemble the flashing lights associated with danger or such as are customarily used by police, fire or ambulance vehicles, or for navigational purposes;

Signs located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance up to three hundred (300) feet;

[Amended 8-14-2012 by Ord. No. 13-02]

Signs in any location which obstruct a motorist's view of traffic control signals;

Signs attached to trees or utility poles;

Signs attached to any vehicle, parked primarily for display purposes;

Off-premises signs;

[Amended 11-8-2016 by Ord. No. 17-04]

Neon tubes, bent to form shapes, letters or symbols, unless placed inside a premises;

Bare bulbs of any size;

Signs illuminated in any manner which may constitute a traffic hazard or be a nuisance; and

Signs that provide blinking, moving, animation, revolving, chaser lights or moving spotlights.

Electronic variable message boards, other than those for municipal, police, fire, and ambulance buildings, and those with the limited capacity of showing time and temperature indicators;

[Added 4-12-2016 by Ord. No. 16-06]

Bandit signs;

[Added 11-8-2016 by Ord. No. 17-04]

Roof signs; and

[Added 11-8-2016 by Ord. No. 17-04]

Trailer signs.

[Added 11-8-2016 by Ord. No. 17-04]

§ 155-44 Signs permitted in all districts.

[Amended 8-14-2012 by Ord. No. 13-02]

Permanent subdivision identification signs shall be approved by site plan approval and shall not exceed a total of forty (40) square feet of sign area per street entrance.

Temporary real estate sale or rental signs of the premises on which it is located with a maximum area of six (6) square feet, minimum setback of ten (10) feet from the front property line, nonilluminated and no more than one (1) sign for each street frontage on which the premises abuts. Sold signs shall be removed within seven (7) days of final sale;

[Amended 4-12-2016 by Ord. No. 16-06]

Temporary construction sign identifying those businesses engaged in construction, with a maximum total area of thirty-two (32) square feet, minimum setback of (10) feet from the front property line, maximum height of five (5) feet, and nonilluminated. One (1) sign is permitted per business and only while construction by that business is in progress and on the property where construction is taking place; however, the maximum total sign area for all such signs on the project's property shall not exceed sixty-four (64) square feet, and all such signs shall be located within an area of twenty-four (24) linear feet;

Temporary yard sale signs erected on the premises of the yard sale. Yard sales may be held twice a year for a period of no longer than two (2) consecutive days and removed immediately after the sale is over. Signs may be posted for a maximum period of seven (7) days prior to each sale; and

Electronic variable message boards for municipal buildings, police, fire and ambulance departments.

[Amended 4-12-2016 by Ord. No. 16-06[1]]

Editor’s Note: This ordinance also repealed former Subsection E on instructional signs and redesignated former Subsections F and G as Subsections E and F, respectively.

Political signs.

No artificially illuminated signs of any type are allowed;

Size is limited to four (4) square feet per side;

Signs must be freestanding;

Shall be placed only on private property with permission of the property owner in writing;

No more than one (1) sign per candidate or referendum is allowed per lot;

[Amended 4-12-2016 by Ord. No. 16-06]

(6)

(Reserved)[2]

Editor’s Note: Former Subsection F(6), which set forth time limits for the erection of political signs, was repealed 4-12-2016 by Ord. No. 16-06.

(7)

No sign shall be placed closer than twenty-five (25) feet to an intersection;

(8)

No signs shall be erected in a right-of-way;

[Amended 4-12-2016 by Ord. No. 16-06]

(9)

No permit is required.

§ 155-45 Sign permit requirements; responsibility for compliance; removal of signs.

No sign permitted herein shall be erected, constructed, posted, painted, altered, maintained or relocated except as provided in this article and in these regulations until a permit has been issued by the Millville Code Enforcement Officer. Before any permit is issued, an application provided by the Town of Millville shall be filed, together with two (2) sets of drawings and specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the Code Enforcement Officer or his designee with the location, construction material, manner of illuminating and/or securing or fastening, and number of signs applied for and the wording of the sign or advertisement to be carried on the sign. All signs shall be erected on or before the expiration of six (6) months from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with a permit number. Fees for sign permits shall be in accordance with the schedule adopted by the Millville Town Council, a copy of which is maintained in the Town Office.

[Amended 8-14-2012 by Ord. No. 13-02]

The following signs may be erected or constructed without a permit:

Signs erected or caused to be erected by any law or government agency;

Changes on a bulletin board or display encasement for a shopping center;

[Amended 4-12-2016 by Ord. No. 16-06]

Temporary real estate advertising signs in conformance with this article;

Temporary signs erected in connection with new construction in conformance with this article;

Signs on a truck, bus, or other vehicle while in use in the normal course of business;

(6)

Temporary yard sale signs erected on the premises of the yard sale in conformance with this article; and

(7)

Changes of letter on a changeable sign.

[Added 4-12-2016 by Ord. No. 16-06]

The Code Enforcement Officer, upon application, may issue temporary permits for the above signs for a period not exceeding fifteen (15) days, when in his opinion the use of such signs and displays would be in the public interest and would not result in damage to private property.

[Amended 8-14-2012 by Ord. No. 13-02]

The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the Code Enforcement Officer.

All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the Code Enforcement Officer or his designee may cause to be removed, at the owner's expense, any sign which shows gross neglect or becomes dilapidated, or which may threaten the public safety.

The Code Enforcement Officer or his designee shall remove or cause to be removed, at the owner's expense, any sign, other than a bandit sign, erected or maintained in conflict with these regulations, if the owner or tenant of either the site or the sign fails to correct the violation within thirty (30) days after receiving written notice from the Code Enforcement Officer. Removal of a sign shall not affect any proceedings instituted prior to removal of such sign.

[Amended 8-14-2012 by Ord. No. 13-02; 11-8-2016 by Ord. No. 17-04]

The Code Enforcement Officer or his designee shall remove or cause to be removed any bandit sign erected in violation of the provisions of this chapter, and issue a notice to the owner for the violation in the amount of $25 per sign. Whenever possible, within twenty-four (24) hours of the removal of the sign, the Code Enforcement Officer or his designee shall notify the owner of the sign in writing that the sign has been removed and a fine has been issued. The owner of the sign shall have 10 days to pay the fine and retrieve the sign. If, after ten (10) days, the owner of the sign does not retrieve the sign from the Town, the Code Enforcement Officer may dispose of the sign. If, after ten (10) days, the owner has not paid the fine, then the Code Enforcement Officer may enforce this article pursuant to Article XII of this chapter.

[Amended 8-14-2012 by Ord. No. 13-02; 11-8-2016 by Ord. No. 17-04]

§ 155-46 Sign regulations for various districts.

Signs permitted in a R — Residential District:

[Amended 8-14-2012 by Ord. No. 13-02]

Signs as listed in § 155-44 of this article;

One (1) non-illuminated wall sign, with an area of no more than one and one-half (1 1/2) square feet total, identifying the name, street address, or both, of the occupant of the property, the name, street address, or both, of the building, the name of the building manager, the name of the permitted home occupation or other permitted accessory use;

[Amended 4-12-2016 by Ord. No. 16-06]

One (1) freestanding professional detached, business sign displaying the name, occupation, or both, for the identification of the permitted home occupation; provided, however, that such sign shall not exceed six (6) square feet;

[Amended 4-12-2016 by Ord. No. 16-06]

One temporary nonilluminated real estate development sign advertising property in the process of development. The temporary real estate development sign shall not exceed thirty-two (32) square feet or eight (8) feet in height. No two (2) signs shall be closer than five thousand (5,000) feet on the same street frontage. If the property faces on more than one (1) street, one (1) such sign may be erected on each street;

One (1) indirectly illuminated bulletin board relating to a church, school, hospital, municipal building, club or similar permitted use with a sign area of no more than nine square feet of surface;

[Amended 4-12-2016 by Ord. No. 16-06]

(6)

On a farm of five (5) acres or more with a permitted accessory use of selling farm products, one (1) nonilluminated identification sign with a sign area not to exceed twenty-four (24) square feet on any single surface, nor shall the total sign area exceed forty-eight (48) square feet, and provided that such sign is not located within thirty (30) feet of the front property line and fifty (50) feet from any other property line; and

(7)

One (1) indirectly illuminated changeable sign relating to a church or school, with a total sign area of no more than thirty-two (32) square feet and provided that such sign is not located within ten (10) feet of the front property line and thirty (30) feet of any street intersection or side property line.

[Amended 4-12-2016 by Ord. No. 16-06]

Signs permitted in C1 — Route 26 Corridor/Town Center Commercial District:

Signs as listed in § 155-44 of this article;

Any lot with only one (1) business shall be permitted one (1) detached sign, which may be a changeable sign, displaying the name of the store or use, which shall not exceed more than fifty percent (50%) of the front facade length of the building. The business on that lot shall be permitted one (1) lighted or unlighted wall sign displaying the name of the store or use, not exceeding an area equivalent to five percent (5%) of the front of the building, length x height, which shall be parallel with and attached to the front of the building. One (1) lighted or unlighted projecting sign may be used in place of the wall sign not exceeding one-half (1/2) of the permitted wall sign size. The above are permitted, provided that:

[Amended 8-14-2012 by Ord. No. 13-02; 4-12-2016 by Ord. No. 16-06]

Illumination of signs shall not light areas beyond the street or property lines, and no signs shall be flashing, moving, rotating, oscillating, or of similar type;

Signs shall identify only the business in the establishment on the premises. No business shall advertise off premises within the Town of Millville;

Any lot with two (2) or more businesses each having their own building entrance shall be permitted one (1) detached sign displaying the center and/or listing each business in the center. This sign shall not exceed more than fifty percent (50%) of the front facade length of the building. This is to include changeable signs. Each business on that lot shall be permitted one (1) lighted or unlighted wall sign displaying the name of the store or use, not exceeding an area equivalent to five percent (5%) of the front of the individual unit the business occupies, length x height, which shall be parallel with and attached to the front of each business. One (1) lighted or unlighted projecting sign may be used in place of the wall sign not exceeding one-half (1/2) of the permitted wall sign size. The above are permitted, provided that:

[Amended 8-14-2012 by Ord. No. 13-02; 4-12-2016 by Ord. No. 16-06]

Illumination of signs shall not light areas beyond the street or property lines, and no signs shall be flashing, moving, rotating, oscillating, or of similar type;

Signs shall identify only the businesses in the establishment on the premises. No business shall advertise off premises within the Town of Millville; and

When two (2) or more businesses occupy one (1) building with common building entrances, they shall be considered one (1) business for sign computation purposes.

[Added 8-14-2012 by Ord. No. 13-02[1]]

Editor's Note: This ordinance also repealed former Subsection B(4), pertaining to one indirectly illuminated sign or bulletin board relating to a club, lodge or municipal building, or other similar permitted use.

Businesses located on a corner lot of two (2) public roads shall be permitted a second wall sign facing the alternate road. The size of such sign shall be one-half (1/2) the size of the permitted front wall sign. When two (2) or more businesses occupy one (1) building with common building entrance, they shall be considered one (1) business for sign computation purposes.

[Added 8-14-2012 by Ord. No. 13-02]

Signs permitted in the C2 — Town Commercial District:

[Amended 8-14-2012 by Ord. No. 13-02]

Gas/service stations shall be permitted one (1) detached, interior lighted sign, which may be a changeable sign, and one (1) lighted or unlighted wall sign attached flat against the building. The detached sign shall not exceed the building height and shall not exceed more than fifty percent (50%) in area of the front facade length of the building. The attached sign shall not exceed an area equivalent to five percent (5%) of the front of the building, length x height, and attached to the front of the business, nor shall the wall sign exceed the height of the roof line. One (1) lighted or unlighted projecting sign may be used in place of the wall sign not exceeding one-half (1/2) of the permitted wall sign size;

[Amended 4-12-2016 by Ord. No. 16-06]

Each shopping center may be permitted one detached interior lighted but nonmoving sign, naming the center and listing the businesses within the shopping center, along each arterial or collector road which the tract in question abuts. Such sign shall not exceed thirty (30) feet in height and shall not exceed fifty percent (50%) in area of the front facade length of the building. The detached sign shall be set back from the street rights-of-way and driveways at least twenty-five (25) feet, and shall be set back from any adjoining property line a minimum of fifty (50) feet.

Each commercial use within a shopping center, shall be permitted one (1) lighted or unlighted wall sign displaying the name of the store or use, not exceeding an area equivalent to five percent (5%) of the front of the individual unit the business occupies, length x height. One (1) lighted or unlighted projecting sign may be used in place of the wall sign not exceeding one-half (1/2) of the permitted wall sign size; and

An individual business on an individual lot shall be permitted one (1) detached, interior lighted sign, which may be a changeable sign, along each arterial or collector road which the tract in question abuts, except that only one changeable sign is permitted per lot. Such sign shall not exceed a height of twenty (20) feet, and shall not exceed more than fifty percent (50%) in area of the front facade length of the building. The detached sign shall be set back from the street rights-of-way and driveways at least ten (10) feet and shall be set back from any adjoining property line a minimum of twenty-five (25) feet.

[Amended 4-12-2016 by Ord. No. 16-06]

An individual business on an individual lot shall be permitted one (1) lighted or unlighted wall sign displaying the name of the store or use, not exceeding an area equivalent to five percent (5%) of the front of the building, length x height. One (1) lighted or unlighted projecting sign may be used in place of the wall sign not exceeding one-half (1/2) of the permitted wall sign size.

Convenience stores and gas/service stations also providing motor fuel/gasoline sales for automobile use may be permitted one (1) additional detached sign, interior lighted, for display of fuel pricing and the name of the business. Such sign shall not exceed the following dimensions:

[Amended 4-12-2016 by Ord. No. 16-06]

A total height not to exceed the building height;

Sign area shall not exceed fifty percent (50%) in area of the front facade length of the building;

(c)

A minimum clearance of ten (10) feet from the ground to the bottom of the sign.

Sites that offer drive-through services or requiring multiple instructional and informational signs shall be required to have a comprehensive sign site plan approved by the Planning & Zoning Commission and the Town Council at the time the site plan is reviewed for the approval of the structure.

Signs permitted in the C1 — Route 26 Corridor/Town Center Commercial District and C2 — Town Commercial Districts:

[Added 8-14-2012 by Ord. No. 13-02[2]]

Sandwich board signs:

The total sandwich board sign shall be no larger than thirty-six (36) inches in width and forty-eight (48) inches in height and be constructed of durable materials such as wood, metal, plastic, chalkboard or other durable material as approved by the Code Enforcement Officer. The height of such signs may not be artificially increased above the allowed maximum by placing material underneath the base of such sign.

No more than one (1) sandwich board sign per business. When two (2) or more businesses occupy one (1) building with common building entrances, they shall be considered one (1) business for sign consideration purposes.

(c)

A sandwich board sign shall be placed no closer than ten (10) feet to another such sign and cannot block parking spaces, doors or any required ADA routes.

(d)

Sandwich board signs shall not be placed in the following areas:

Public right-of-way;

In any parking space or drive aisle;

[3]

Interfere with any utilities or other facilities such as fire hydrants; street signs, parking meters, mailboxes or benches located on the sidewalk.

(e)

Sandwich board signs:

Can only be used during the hours when the business is open to the public and must be brought in at the close of business;

Shall not obstruct vehicular sight distance;

[3]

Shall not contain materials such as papers, balloons, windsocks, foil, mirrors, bare metal or other reflective materials, objects that swing, rotate, twirl or contain any moving parts;

[4]

Shall not contain lights of any kind.

Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

Signs permitted in an AR — Agricultural District:

Signs as listed in § 155-44 of this article; and

Any signs permitted in the R — Residential District.

§ 155-47 Nonconforming sign regulations.

Where a nonconforming sign exists on the effective date of this chapter, such sign may be continued, subject to the following provisions:

No sign may be enlarged or altered in any way which increases its nonconformity;

If the sign is destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost, it shall not be reconstructed except in compliance with the provisions of this article;

[Amended 8-14-2012 by Ord. No. 13-02]

Every sign, billboard or other advertising structure in existence on the date of the adoption of this chapter which violates or does not conform to the provisions hereof shall be removed, altered or replaced so as to conform with the provisions of this chapter within two years. After two years' time, the Town can remove the signage with the cost of removal borne by the sign owner;

[Amended 8-14-2012 by Ord. No. 13-02]

Any sign, including its supporting structure, which advertises or identifies a closed or abandoned business, shall be removed by the owner of the property or the person having beneficial use of the property upon which the abandoned sign is located within sixty (60) days after the business closes. After the sixty-day period, the Code Enforcement Officer shall remove the sign or have the sign removed at the property owner's expense, provided that the owner has been issued a notice ten (10) days prior of the violation, in writing, by the Code Enforcement Officer.

[Added 8-14-2012 by Ord. No. 13-02[1]]