[Added 10-11-2016 by Ord. No. 2470]
Signs, including outdoor advertising
structures, are herein regulated with the intent of regulating excess
signage, encouraging the positive economic development of the County,
preserving and improving tourism views, promoting the safety of the
traveling public, protecting property values in both residential and
nonresidential areas, preventing overcrowding of the land and excess
clutter, and protecting the aesthetics of the County.
For the purpose of this article,
certain terms and words pertaining to signs are hereby defined as
follows. Nothing herein contained may be construed to permit the erection
of signs otherwise prohibited by federal or state law.
A. General.
ABANDONED OFF-PREMISES SIGN
A sign that, for six months or more, no longer:
[Added 10-11-2016 by Ord. No. 2470]
(1)
Directs attention to a business,
commodity, service or entertainment conducted, sold, or offered elsewhere
than upon the premises where the sign is maintained; and
(2)
No longer markets, advertises, or
promotes the sign for sale or rent.
ABANDONED ON-PREMISES SIGN
A sign that no longer identifies or advertises an ongoing
business, product, location, service, idea, or activity conducted
on the premises on which the sign is located and the sign permit for
said sign has expired for at least six months.
[Added 10-11-2016 by Ord. No. 2470]
ANIMATED SIGN
A sign employing actual motion, the illusion of motion, or
light or color changes achieved through mechanical, electrical, or
electronic means. Animated signs, which are differentiated from changeable
signs as defined and regulated by this article, include the following
types:
[Amended 10-11-2016 by Ord. No. 2470]
(1)
Environmentally activated: animated
signs or devices motivated by wind, thermal changes, or other natural
environmental input. Includes spinners, pinwheels, pennant strings,
or other devices or displays that respond to naturally occurring external
motivation.
(2)
Mechanically activated: animated
signs characterized by repetitive motion or rotation activated by
a mechanical system powered by electric motors or other mechanically
induced means.
(3)
Electrically activated: animated
signs producing the illusion of movement by means of electronic, electrical,
or electromechanical input or illumination capable of simulating movement
throughout employment of the characteristics of one or both the classifications
noted below:
(a)
Flashing: animated signs or animated
portions of signs whose illumination is characterized by a repetitive
cycle in which the period of illumination is either the same as or
less than the period of nonillumination. For purposes of this article,
flashing will not be defined as occurring if the cyclical period between
on-off phases of illumination exceeds 10 seconds.
(b)
Patterned illusionary movement: animated
signs or animated portions of signs whose illumination is characterized
by simulated movement through alternate or sequential activation of
various illuminated elements for the purpose of producing repetitive
light patterns designed to appear in some form of constant motion.
CANDELA
The basic unit of measurement of light in SI (metric) units.
[Added 10-11-2016 by Ord. No. 2470]
CANDELA PER SQUARE METER (cd/m2)
The SI (metric) unit used to describe the luminance of a
light source or of an illuminated surface that reflects light. Also
referred to as "nits."
[Added 10-11-2016 by Ord. No. 2470]
DISSOLVE
A mode of message transition on an electronic message center
accomplished by varying the light intensity or pattern, where the
first message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
[Added 10-11-2016 by Ord. No. 2470]
FADE
A mode of message transition on an electronic message center
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
[Added 10-11-2016 by Ord. No. 2470]
FOOTCANDLE
An English unit of measurement of the amount of light falling
upon a surface (illuminance). One footcandle is equal to one lumen
per square foot. Can be measured by means of an illuminance meter.
[Added 10-11-2016 by Ord. No. 2470]
FRAME
A complete stationary display screen on an electronic message
center.
[Added 10-11-2016 by Ord. No. 2470]
FRAME EFFECT
A visual effect on an electronic message center applied to
a single frame to attract the attention of views.
[Added 5-19-2015 by Ord. No. 2397]
GROUND LEVEL
The average grade of the property or the elevation at the
center line of the adjacent street or road, whichever is higher.
[Added 10-11-2016 by Ord. No. 2470]
ILLUMINANCE
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination." Measured in footcandles
(lumens/square foot) in the English system, and lux (lumens/square
meter) in the SI (metric) system.
[Added 10-11-2016 by Ord. No. 2470]
INDIRECTLY ILLUMINATED SIGN
A sign whose illumination is derived from an external artificial
source, which source is so arranged that no direct rays of light are
projected into residential districts or public streets.
LUMINANCE
The light that is emitted by or reflected from a surface.
Measured in units of luminous intensity (candelas) per unit area (square
meters in SI measurement units or square feet in English measurement
units). Expressed in SI units as cd/m
2,
and in English units as foot lamberts. Sometimes also expressed as
"nits," a colloquial reference to SI units. Can be measured by means
of a luminance meter.
[Added 10-11-2016 by Ord. No. 2470]
LUX
The SI (metric) unit for illuminance. One lux equals 0.093
footcandle.
[Added 10-11-2016 by Ord. No. 2470]
NIT
A photometric unit of measurement referring to luminance.
One nit is equal to one cd/m
2.
[Added 10-11-2016 by Ord. No. 2470]
PUBLIC LAND
Land owned by the United States of America, the State of
Delaware, or a municipality or political subdivision thereof which
is used as park, recreation area, historical site, wildlife refuge,
public forest land, preservation land, or greenway. Public lands shall
not include areas which are public streets, roads, utilities, or rights-of-way
dedicated for transportation or other means of ingress and egress.
[Added 10-11-2016 by Ord. No. 2470]
SCROLL
A mode of message transition on an electronic message center
where the message appears to move vertically across the display surface.
[Added 10-11-2016 by Ord. No. 2470]
SETBACK
An open space on the same premises with a sign or signs,
which open space lies between the nearest edge of the sign or signs
and the nearest street line or property line.
SI (INTERNATIONAL SYSTEM OF UNITS)
The modern metric system of measurement, abbreviated SI for
the French term "Le Systeme International d'Unites."
[Added 10-11-2016 by Ord. No. 2470]
SIGN
A structure, display or device that is arranged, intended,
designed or used as an advertisement, announcement, identification,
description or direction.
SIGN AREA
The total area of a sign shall include all sides or area
of display of a single or multifaced sign, together with all moldings,
battens, cappings, nailing strips and latticing which are attached
and are part of the sign proper or incidental to its decoration. Structural
elements, such as aprons or skirting, which serve to shade, deflect
or block light generated by a sign and which do not display advertising
on their surfaces shall not be included in the total area of a sign.
For the purpose of this article, signs which are composed of letters,
words, numbers, pictures, logos, symbols, or representations only
and which follow no square or rectangular pattern shall be considered
to include in sign area a square or rectangle as drawn at the outer
limits of the letters, words, numbers, pictures, logos, symbols, or
representations.
[Amended 10-11-2016 by Ord. No. 2470]
SIGN COPY
The physical sign message, including any words, letters,
numbers, pictures, logos, and symbols.
[Added 10-11-2016 by Ord. No. 2470]
SIGN FACE
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, or decorative trim, or any
areas that are separated from the background surface upon which the
sign copy is displayed by a distinct delineation, such as a reveal
or border.
[Added 10-11-2016 by Ord. No. 2470]
SIGN STRUCTURE
Any structure designed for the support of a sign.
[Added 10-11-2016 by Ord. No. 2470]
STREET LINE
A dividing line between a lot, premises or tract of land
and/or a street, road, highway, court, place, square, lane or way
set aside and/or used as a right-of-way for common street or ingress
or egress purposes. For the purposes of this article, street frontage
shall be measured along the street line.
TRANSITION
A visual effect used on an electronic message center to change
from one message to another.
[Added 10-11-2016 by Ord. No. 2470]
TRAVEL
A mode of message transition on an electronic message center
where the message appears to move horizontally across the display
surface.
[Added 10-11-2016 by Ord. No. 2470]
B. Type.
BULLETIN BOARD
A manually activated changeable sign of permanent character,
but with movable letters, words or numerals, indicating the names
of persons associated with or events conducted upon or products or
services offered upon the premises upon which such a sign is maintained.
[Amended 10-11-2016 by Ord. No. 2470]
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input, including the following types:
[Added 10-11-2016 by Ord. No. 2470]
(1)
Manually activated: a changeable
sign whose message copy or content can be changed manually on a display
surface.
(2)
Electrically activated: a changeable
sign whose message copy or content can be changed by means of remote
electrically energized on-off switching combinations of alphabetic
or pictographic components arranged on a display surface. Illumination
may be integral to the components, such as characterized by lamps
or other light-emitting devices; or it may be from an external light
source designed to reflect off the changeable component display.
DIRECTIONAL SIGN
A sign displaying only the name, nature and location of establishments
located in Sussex County offering accommodations, merchandise and/or
services or real estate developments, industries, churches, schools,
parks or other features or institutions of note located in Sussex
County.
ELECTRONIC MESSAGE CENTER
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or an electronic device on site or from a remote location.
[Added 10-11-2016 by Ord. No. 2470]
INSTRUCTIONAL SIGN
A sign conveying instructions with respect to the premises
on which it is maintained, such as "entrance," "exit," "no trespassing,"
"danger" and similar signs, the total sign area not to exceed eight
square feet.
NONCONFORMING OFF-PREMISES SIGN
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than
upon the premises where the sign is maintained and which was legally
installed in conformance with all sign laws, ordinances, and regulations
in effect at the time of its installation, but which no longer complies
with laws, ordinances, and regulations having jurisdiction relative
to the sign.
[Added 10-11-2016 by Ord. No. 2470]
NONCONFORMING SIGN
A sign that was legally installed in conformance with all
sign laws, ordinances, and regulations in effect at the time of its
installation, but which no longer complies with laws, ordinances,
and regulations having jurisdiction relative to the sign.
[Added 10-11-2016 by Ord. No. 2470]
OFF-PREMISES ELECTRONIC MESSAGE CENTER
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or electronic device on site or from a remote location
which directs attention to a business, commodity, service, or entertainment
conducted, sold, or offered elsewhere than upon the premises where
the sign is maintained.
[Added 10-11-2016 by Ord. No. 2470]
OFF-PREMISES SIGN
A sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the
premises where the sign is maintained.
ON-PREMISES ELECTRONIC MESSAGE CENTER
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or electronic device on site or from a remote location
which directs attention to an ongoing business, commodity, service,
or entertainment conducted, sold, or offered upon the same premises
as those upon which the sign is maintained.
[Added 10-11-2016 by Ord. No. 2470]
ON-PREMISES SIGN
A sign directing attention to an ongoing business, commodity,
service or entertainment conducted, sold or offered upon the same
premises as those upon which the sign is maintained or on a property
adjacent to the property on which the sign is located when the adjacent
property has a recorded easement for access on or along the property
on which the sign is to be located.
[Amended 10-11-2016 by Ord. No. 2470]
PORTABLE SIGN
A movable sign not to exceed 32 square feet in area.
TEMPORARY SIGN
A sign which is erected for a time limit not to exceed six
months.
V SIGN
A sign containing two faces positioned at an interior angle
subtending less than 179° at the point of juncture of the individual
faces.
[Added 10-11-2016 by Ord. No. 2470]
C. Location.
GROUND SIGN
A detached sign which shall include any sign supported by
uprights or braces placed upon or in or supported by the ground and
not attached to any building.
ILLUMINATED AWNING SIGN
Any sign which is a part of an illuminated awning. Only the
copy area of an "illuminated awning sign" shall be considered in any
square-foot limitations. When an "illuminated awning sign" covers
multiple store fronts, each store shall be permitted one copy area
width not to exceed 80% of the individual store front.
MARQUEE SIGN
A sign attached to or hung from a marquee. For the purpose
of this article, a "marquee" is a covered structure projecting from
and supported by the building with independent roof and drainage provisions
and which is erected over a doorway or doorways as protection against
the weather. Marquee signs are subject to the following:
(1)
They shall not project more than
18 inches beyond the marquee faces or edges.
(2)
They shall in no instance be lower
than 8 1/2 feet above the walkway or thoroughfare or sidewalk.
(3)
They shall in no instance exceed
32 square feet in area.
PROJECTING SIGN
Includes any sign which is attached to a building and extends
beyond the wall of the building to which it is attached or within
the setback required for a building. "Projecting signs" are subject
to the following:
(1)
No projecting sign shall project
or extend more than 10 feet into or beyond a required building setback
line.
(2)
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.
(3)
No projecting sign shall exceed in
thickness of 18 inches as measured between the principal faces of
any projecting sign.
(4)
No projecting sign or part thereof
shall be placed closer than 8 1/2 feet above the walkway, thoroughfare
or sidewalk over which it is erected, nor shall any such sign or part
thereof extend more than six feet above the wall to which it is attached
at the point of attachment.
WALL SIGN
Any sign attached to and erected parallel to the face of
or painted on the outside wall of a building and supported throughout
its length by such wall or building. A "wall sign" may not extend
beyond the ends of the wall on which it is located.
Signs prohibited in all districts
shall be as follows:
A. Signs which produce noise or sounds or
emit visible smoke, vapor, particles or odor.
B. Signs with intermittent lights resembling
or seeming to resemble the flashing lights customarily associated
with danger signals or such as are customarily used by police, fire
or ambulance vehicles or for navigation purposes.
C. 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 normal
approaching position of a vehicle at a distance of 25 to 300 feet.
D. Signs in any location which obstruct a
motorist's vision of traffic control signals or of other vehicular
traffic.
E. Signs attached to trees or utility poles.
F. Signs attached to any vehicle parked primarily
for display purposes.
G. Signs located within 25 feet of any right-of-way
line of an intersection with another street.
H. Portable signs which do not meet the requirements
and/or regulations of ground signs.
I. Abandoned on-premises signs.
[Added 10-11-2016 by Ord. No. 2470]
J. Abandoned off-premises signs.
[Added 10-11-2016 by Ord. No. 2470]
K. Mirrors. No mirror device shall be used
as part of a sign.
[Added 10-11-2016 by Ord. No. 2470]
L. V signs where the two faces are positioned
at an interior angle subtending more than 60°.
[Added 10-11-2016 by Ord. No. 2470]
Signs permitted in all districts
shall be as follows:
A. Signs erected by any governmental agency
for purposes of direction, safety or convenience of the general public.
B. Instructional signs, nonilluminated.
C. Signs in conjunction with doorbells or
mailboxes, not exceeding 12 square inches in area.
D. Name and address signs, not more than one
for each principal building or use on premises and not exceeding two
square feet in area.
E. Signs which are attached or which are an
integral part of gasoline pumps or other dispensing or servicing devices,
provided that such signs do not extend beyond the area of the pump,
dispensing or servicing device to which they are attached, and provided
that such activities or services are legally established uses.
F. No more than two subdivision-identifying
signs, not exceeding 75 square feet of sign area per side, maintained
on private property. The minimum setback from the front lot line shall
be a minimum of five feet for signs 32 square feet or less and a minimum
of 25 feet for signs from 32 square feet to 75 square feet.
[Amended 10-11-2016 by Ord. No. 2470]
G. A temporary real estate sign indicating
sale, rental or lease of the premises on which it is located, with
a maximum area of 32 square feet of sign area per side, nonilluminated,
and one sign for each street frontage on which the premises abuts;
provided, however, that no temporary real estate sign for the sale,
rental, or lease of a single dwelling in a recorded subdivision shall
exceed 10 square feet of sign area per side. Each sign shall contain
no more than two sides or facings.
[Amended 10-11-2016 by Ord. No. 2470]
H. A temporary development sign advertising
sale or rental of the structure under construction upon the land under
development. The maximum area shall not exceed 128 square feet; the
maximum height shall not exceed 15 feet; the minimum front yard setback
shall be five feet for signs 32 square feet or less and the minimum
front yard setback shall be 25 feet for signs 32 square feet to 128
square feet, nonilluminated or indirectly illuminated; and there shall
be only one sign for each street entrance.
I. Temporary construction signs identifying
those engaged in construction. The maximum area shall not exceed 128
square feet; the maximum height shall not exceed 15 feet; the minimum
front yard setback shall be five feet for signs 32 square feet or
less and the minimum front yard setback shall be 25 feet for signs
32 square feet to 128 square feet, nonilluminated or indirectly illuminated;
there shall be only one sign for each street frontage on which the
premises abuts; and they shall be permitted only while construction
is actually in progress.
J. Signs displayed on shelters at school bus
stops, limited to two signs per shelter, and the sign area shall not
exceed 32 square feet per sign. The shelter shall have a minimum setback
of five feet from the street line. No shelter shall be erected within
25 feet of the right-of-way line of an intersection with another street.
Shelter locations shall be approved by the Director and the State
Department of Instruction through the school district in which the
shelter is to be located. Should the State Department of Instruction,
through the school district in which a shelter is located, determine
that there is no longer a need for a shelter at its present location,
the shelter shall be removed.
K. Portable signs which are adapted to meet
the requirements and/or regulations of ground signs.
[Amended 10-11-2016 by Ord. No. 2470; 2-27-2018 by Ord. No. 2550]
A. Signs permitted shall be as follows:
(1)
Signs permitted in all districts as referenced in §
115-159.
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such sign
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total 32 square feet of
sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of 25 feet from the
right-of-way line of an intersection with another street and a minimum
setback of 15 feet from all adjacent property lines.
(3)
One nonilluminated on-premises sign, not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection
A(2) above.
(4)
One on-premises ground sign per street
or road frontage per parcel, not to exceed 200 square feet of sign
area per side.
(5)
On-premises wall, illuminated awning,
marquee, and projecting signs, not to exceed a total sign area of
150 square feet or 15% of the total square footage of the wall area
on which the signs are located, whichever is greater. In the case
of a shopping center, a group of stores or other business uses, or
a multitenant building on a lot held in single or separate ownership,
on-premises wall, illuminated awning, marquee, and projecting signs,
not to exceed a total sign area of 150 square feet or 15% of the total
square footage of the wall area on which the signs are located, whichever
is greater, shall be permitted with respect to each building, separate
store, separate storefront, or separate use.
(6)
All ground signs shall have a minimum
front setback of five feet, shall not be erected within 100 feet of
a dwelling, church, school or public lands, shall have a minimum setback
of 20 feet from each side property line, shall have a minimum setback
of 25 feet from the right-of-way of an intersection with another street
and shall contain no more than two sides or facings, back to back.
B. Permitted sign locations shall be ground
or marquee.
C. No off-premise signs shall be permitted.
[Amended 10-11-2016 by Ord. No. 2470; 7-25-2017 Ord. No. 2509; 2-27-2018 by Ord. No. 2550]
A. Signs permitted shall be as follows:
(1)
Signs permitted in all districts as referenced in §
115-159.
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such sign
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total 32 square feet of
sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of five feet from
the right-of-way line of an intersection with another street and a
minimum setback of 15 feet from all adjacent property lines.
(3)
One nonilluminated on-premises sign, not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection
A(2) above.
(4)
One on-premises ground sign per street
or road frontage per parcel, not to exceed 200 square feet of sign
area per side.
(5)
On-premises wall, illuminated awning,
marquee, and projecting signs, not to exceed a total sign area of
150 square feet or 15% of the total square footage of the wall area
on which the signs are located, whichever is greater. In the case
of a shopping center, a group of stores or other business uses, or
a multitenant building on a lot held in single or separate ownership,
on-premises wall, illuminated awning, marquee, and projecting signs,
not to exceed a total sign area of 150 square feet or 15% of the total
square footage of the wall area on which the signs are located, whichever
is greater, shall be permitted with respect to each building, separate
store, separate storefront, or separate use.
(6)
All ground signs shall have a minimum
front setback of five feet, shall not be erected within 100 feet of
a dwelling, church, school or public lands, shall have a minimum setback
of 20 feet from each side property line, shall have a minimum setback
of 25 feet from the right-of-way of an intersection with another street
and shall contain no more than two sides or facings, back to back.
B. Off premises signs in the C-1 General Commercial, CR-Commercial Residential, C-3 Heavy Commercial, C-4 Planned Commercial, C-5 Service Limited Manufacturing, LI-1 (Light Industrial) and HI-1 (Heavy Industrial) Districts, and only after obtaining a special use exception, pursuant to §
115-80C and provided that:
(1)
All off-premises signs shall have
a minimum front yard setback of 40 feet, a minimum side yard setback
of 50 feet, and a minimum rear yard setback equal to the required
rear yard setback for a principal building within the pertinent zoning
district. An off-premises sign shall not be erected within 150 feet
of property which is used as a dwelling, church, school, or public
lands as measured on a radius from the edge of the off-premises sign.
An off-premises sign shall not be erected within 50 feet of an on-premises
sign but this separation requirement shall not preclude the erection
of an on-premises sign within 50 feet of an off-premises sign.
(2)
A single off-premises sign structure
shall support no more than one sign per side and no more than two
signs in total. Signs which are stacked or side-by-side on an off-premises
sign structure are prohibited.
(3)
For all off-premises signs which
are located on properties adjacent to roads which have less than four
travel lanes (excluding turn lanes), the following regulations shall
apply:
(a)
An off-premises sign shall not be
erected within 600 feet of another off-premises sign as measured on
a radius from the edges of the off-premises signs.
(b)
No off-premises sign shall exceed
25 feet in height from ground level.
(c)
An off-premises sign shall not exceed
300 feet of sign area per side and shall not exceed more than 600
square feet of sign area per off-premises sign structure.
(4)
For all off-premises signs which
are located on properties adjacent to roads which have four or more
travel lanes (excluding turn lanes), the following regulations shall
apply:
(a)
An off-premises sign shall not be
erected within 600 feet of another off-premises sign. This separation
distance shall be measured from the edges of the off-premises sign
and shall apply only to signs which are located on the same side of
the road.
(b)
No off-premises sign shall exceed
35 feet in height from ground level.
(c)
An off-premises sign shall not exceed
600 feet of sign area per side and shall not exceed more than 1,200
square feet of sign area per off-premises sign structure.
(5)
An applicant for a special use exception
for an off-premises sign must, at the time the application is filed
with the Office of Planning and Zoning, submit documentation from
the Delaware Department of Transportation which confirms that the
Delaware Department of Transportation does not object to the proposed
off-premises sign.
(6)
Except as otherwise permitted in §
115-161.2, no variances shall be issued from any of the regulations in this article for off-premises signs which have been erected or approved to be erected after August 1, 2016.
C. See the general regulations for all districts
for signs exceeding 32 square feet.
D. Permitted sign locations are marquee, projecting,
wall and/or ground.
[Added 10-11-2016 by Ord. No. 2470]
A. On-premises electronic message centers:
(1)
In the B-1 (Neighborhood Business), B-2 (Business Community), B-3 (Business Research), M (Marine) and UB (Urban Business) Districts, the ground sign permitted in §
115-159.4A(4) may be an on-premises electronic message center, provided that only one on-premises ground sign, whether it is a static sign or an electronic message center, is permitted per street or road frontage per parcel and that the sign area shall not exceed 200 square feet per side. In addition, the on-premises signs permitted in §
115-159.4A(5) may be electronic message centers.
[Amended 2-27-2018 by Ord. No. 2550]
(2)
In the C-1 (General Commercial), CR-1 (Commercial Residential), C-2 (Medium Commercial), C-3 (Heavy Commercial), C-4 (Planned Commercial), C-5 (Service/Limited Manufacturing) and I-1 (Institutional) Districts, the ground sign permitted in §
115-159.5A(4) may be an on-premises electronic message center, provided that only one on-premises ground sign, whether it is a static sign or an electronic message center, is permitted per street or road frontage per parcel and that the sign area shall not exceed 200 square feet per side. In addition, the on-premises signs permitted in §
115-159.5A(5) may be electronic message centers.
[Amended 2-27-2018 by Ord. No. 2550]
(3)
On-premises electronic message centers
shall be prohibited in the AR-1 and AR-2 (Agricultural Residential),
GR (General Residential), MR (Medium Density Residential), UR (Urban
Residential), HR-1 and HR-2 (High Density Residential) Zoning Districts
unless specifically permitted as part of a conditional use.
(4)
An on-premises electronic message
center which has a sign area of less than or equal to 100 square feet
shall not be erected within 50 feet of an off-premises sign. If the
sign area of an on-premises electronic message center is greater than
100 square feet, the separation distance requirement from the on-premises
electronic message center and the off-premises sign shall be equal
to 50 feet plus one foot of separation distance for each one square
foot of sign area of the on-premises electronic message center in
excess of 100 square feet. The separation distance shall be measured
on a radius from the edge of the on-premises electronic message center.
No variances from this regulation are permitted.
(5)
An on-premises electronic message
center may use the following display features and functions of electronic
message centers: images and frame effects that appear or disappear
from the display through dissolve, fade, flip, or window shade movements.
Continuous scrolling left or right, live action or streaming video
and flashing messages shall not be permitted.
B. Off-premises electronic message centers:
(1)
In the C-1 (General Commercial), CR-1 (Commercial Residential), C-3 (Heavy Commercial), C-4 (Planned Commercial), C-5 (Service/Limited Manufacturing), LI-1 (Limited Industrial), LI-2 (Light Industrial) and HI-1 (Heavy Industrial) Districts, an off-premises sign may be an electronic message center, provided that the owner obtains a special use exception pursuant to §
115-80C and complies with the regulations for off-premises signs pursuant to §
115-159.5.
[Amended 2-27-2018 by Ord. No. 2550]
(2)
Off-premises electronic message centers
shall be prohibited in the AR-1 and AR-2 (Agricultural Residential),
GR (General Residential), MR (Medium Density Residential), UR (Urban
Residential), HR-1 and HR-2 (High Density Residential) Zoning Districts.
(3)
For all off-premises electronic message
centers which are located on properties adjacent to roads which have
less than four travel lanes (excluding turn lanes), an off-premises
electronic message center shall not be erected within 1,200 feet of
another off-premises electronic message center. This separation distance
shall be measured from the edge of the off-premises electronic message
center and shall apply only to signs which are located on the same
side of the road.
(4)
For all off-premises electronic message
centers which are located on properties adjacent to roads which have
four or more travel lanes (excluding turn lanes), an off-premises
electronic message center shall not be erected within 2,500 feet of
another off-premises electronic message center. This separation distance
shall be measured from the edge of the off-premises electronic message
center and shall apply only to signs which are located on the same
side of the road.
(5)
Off-premises electronic message centers
shall be prohibited from using display features and functions of the
signs, including, but not limited to, the following: animation, flashing,
streaming or real-time video, fading, dissolving, continuous scrolling
and/or traveling, spinning, rotating, and similar moving effects,
and all dynamic frame effects or patterns of illusionary movement
or simulating movement. For off-premises electronic message centers,
the transition time between messages or message frames is limited
to one second.
C. Electronic message centers: The following
regulations shall apply to all electronic message centers.
(1)
An electronic message center may
be changed at intervals by electronic or mechanical process or remote
control, provided that:
(a)
On an off-premises electronic message
center, each message remains fixed for a minimum of at least 10 seconds.
(b)
On an off-premises electronic message
center, when the message is changed, the change must be accomplished
in one second or less, with all moving parts or illumination changing
simultaneously and in unison.
(c)
An electronic message center shall
contain a default design that will freeze the sign in one position,
shut down, or show a full black image on the display if a malfunction
occurs that affects at least 50% of the sign face.
(d)
Except as otherwise provided in this
article, an electronic message center may not contain or display any
lights, effects, or messages that flash, move, appear to be animated
or to move, scroll, or change in intensity during the fixed display
period.
(e)
An electronic message center shall
appropriately adjust display brightness as ambient light levels change
and shall have automatic dimming controls, either by photocell, hardwire,
or software settings, in order to bring the lighting level at night
into compliance with sign illumination standards set forth in this
article.
(f)
An owner who seeks a building permit
or a special use exception for an electronic message center shall
provide documentation at the time of application which demonstrates
that the sign shall appropriately adjust display brightness as ambient
light levels change and shall have automatic dimming controls, either
by photocell, hardwire, or software settings, designed to bring the
lighting level at night into compliance with sign illumination standards
set forth in this article.
(g)
A sign that attempts or appears to
attempt to direct the movement of traffic or which contains wording,
color, shapes, or likeness of official traffic control devices is
prohibited.
(h)
No electronic message center shall
emit any audio or verbal announcement or noises of any kind.
(2)
No variances shall be permitted from
the regulations for any electronic message center.
[Added 10-11-2016 by Ord. No. 2470]
A. A nonconforming off-premises sign may remain and be periodically maintained as a permitted nonconforming structure unless abandoned or intentionally removed. However, in no case may such signs be expanded. A nonconforming sign may be reconstructed or re-erected, provided that it meets the standards set forth in §
115-161.2D.
B. Conversion of nonconforming off-premises signs to off-premises electronic message centers is prohibited, unless the applicant is replacing two or more nonconforming off-premises signs with a single electronic message center. Any off-premises electronic message center created through conversion under this subsection must comply with height and size requirements set forth in §
115-159.5. No variances from the height and size requirements shall be permitted.
C. If a nonconforming off-premises sign is
damaged by any natural causes, such as fire, wind, or flood, it may
be repaired or reconstructed and used as before the time of the damage,
provided that such repairs or reconstruction are substantially completed
within 12 months of the date of such damage. Any nonconforming off-premises
sign which is repaired or reconstructed under this subsection shall
use the same type of structure as the prior nonconforming off-premises
sign.
D. Provided that the owner obtains all necessary variances from the Board of Adjustment pursuant to §
115-211, an owner of a nonconforming off-premises sign may replace a nonconforming off-premises sign with a new off-premises sign which does not comply with separation distance or setback requirements. As part of a variance request for a nonconforming off-premises sign under this section, the Board of Adjustment shall consider whether the overall nonconformity is substantially reduced by the installation of the replacement sign. Any replacement off-premises sign must comply with the height and size requirements set forth in §
115-159.5. No variances from the height and size requirements shall be permitted.
[Added 10-11-2016 by Ord. No. 2470]
The owner of any sign that is otherwise
allowed under this article may substitute noncommercial copy in lieu
of any other commercial or noncommercial copy. This substitution of
copy may be made without any additional approval or permitting. The
purpose of this section is to prevent any inadvertent favoring of
commercial message over any other noncommercial messages. This provision
prevails over any more specific provision to the contrary. This provision
does not create the right to increase the total amount of signage
on a parcel or allow the substitution of an off-premises commercial
message in place of an on-premises commercial message.
[Added 10-11-2016 by Ord. No. 2470]
If any portion of this article, section,
or subdivision thereof shall be declared unconstitutional or in violation
of the general laws of this state, such declaration shall not affect
the remainder of this article, which shall remain in full force and
effect.