The purpose of this article 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, preserve the scenic and
natural beauty of designated areas, and provide a more enjoyable and
pleasing community. It is further intended hereby 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,
and curb the deterioration of natural beauty and community environment.
Any sign which is greater in size than 32 square feet and which is
to be placed along a state-maintained road must receive approval from
DelDOT prior to installation.
Definitions. The following words and terms shall,
for the purposes of this chapter and as used elsewhere in this Code,
have the meanings shown herein:
ABANDONED SIGN
A sign structure that has ceased to be used for the display
of sign copy, or as otherwise defined by state law.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion,
including digital signage. Animated signs, which are differentiated
from changeable signs as defined and regulated by this chapter, include
the following types:
[Amended 1-9-2023 by Ord. No. 2022-008]
A.
Electrically activated. Animated signs producing the illusion
of movement by means of electronic, electrical or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
(1)
Flashing. Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle where the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this chapter, flashing will not be defined as
occurring if the cyclical period between on/off phases of illumination
exceeds four seconds.
(2)
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.
B.
Environmentally activated. Animated signs or
devices motivated by wind, thermal changes or other natural environmental
input. Includes spinners, pinwheels, pennant strings, and/or other
devices or displays that respond to naturally occurring external motivation.
C.
Mechanically activated. Animated signs characterized
by repetitive motion and/or rotation activated by a mechanical system
powered by electric motors or other mechanically induced means.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "AWNING" and "CANOPY,
ATTACHED AND FREESTANDING.”
[Amended 12-7-2009 by Ord. No. 2009-001]
AWNING
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
AWNING SIGN
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "WALL OR FASCIA SIGN."
BANNER
A flexible substrate where copy or graphics may be displayed.
[Amended 1-9-2023 by Ord. No. 2022-008]
BANNER SIGN
A sign utilizing a banner as its display surface.
BILLBOARD
See "off-premises sign" and "outdoor advertising sign."
BUILDING ELEVATION
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
CANOPY (ATTACHED)
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "MARQUEE."
CANOPY (FREESTANDING)
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see §
220-63.
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input, including signs which are:
A.
Electrically activated. 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. See also "ELECTRONIC MESSAGE
SIGN OR CENTER."
B.
Manually activated. Changeable sign whose message
copy or content can be changed manually.
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a
building structure.
COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center or planned industrial park, that is controlled
by a single owner or landlord and approved in accordance the requirements
of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
DIGITAL SIGN
See "ANIMATED SIGN."
[Added 1-9-2023 by Ord. No. 2022-008]
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
energy.
FLAG
A usually rectangular piece of fabric of distinctive design
that is used as a symbol (as of a nation), as a signaling device (open)
or as a decoration. National flags and flags of political subdivisions
shall not be considered flags for the purpose of this article.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground and not supported by a building, tree or utility pole, including signs supported by one or more columns, poles or braces placed in or upon the ground. For visual reference, see §
220-63.
[Amended 11-7-2016 by Ord. No. 2016-010]
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a
single premises orientated to the public way or other properties that
it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either
projecting through its surface (internally illuminated) or reflecting
off its surface (externally illuminated).
[Amended 1-9-2023 by Ord. No. 2022-008]
INTERIOR SIGN
Any sign placed within a building, but not including "window
signs" as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
MANSARD
An inclined decorative roof-like projection that is attached
to an exterior building facade.
MARQUEE SIGN
See "canopy sign."
[Amended 12-7-2009 by Ord. No. 2009-001]
MENU BOARD
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window and which has no more than 20% of the total area for such a
sign utilized for business identification.
OBSCENE SIGN
A sign that displays material within the definition of obscene
in Title 11. Section 1364, of the Delaware Code, as amended.
[Added 9-11-2017 by Ord.
No. 2017-010]
ON-PREMISES SIGN
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of the property where it
is displayed.
[Amended 1-9-2023 by Ord. No. 2022-008]
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of the property where it is displayed.
[Amended 1-9-2023 by Ord. No. 2022-008]
PARAPET
The extension of a building facade above the line of the
structural roof.
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building
or building surface.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. For visual reference, see §
220-63.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises where it is located.
[Amended 1-9-2023 by Ord. No. 2022-008]
REVOLVING SIGN
A sign that revolves 360° about an axis. See also "ANIMATED
SIGN, MECHANICALLY ACTIVATED."
ROOFLINE
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference, and a comparison of differences between roof and fascia signs, see §
220-63.
[Amended 1-9-2023 by Ord. No. 2022-008]
SIGN
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Noncommercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, that comprise the sign
face. The area of any double-sided or V-shaped sign shall be the area
of the largest single face only. The area of a sphere shall be computed
as the area of a circle. The area of all other multiple-sided signs
shall be computed as 50% of the sum of the area of all faces of the
sign.
[Amended 1-9-2023 by Ord. No. 2022-008]
SIGN COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
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, nonstructural 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. See §
220-63.
A.
In the case of panel or cabinet-type signs,
the sign face shall include the entire area of the sign panel, cabinet
or face substrate upon which the sign copy is displayed or illustrated,
but not open space between separate panels or cabinets.
B.
In the case of sign structures with routed areas
of sign copy, the sign face shall include the entire area of the surface
that is routed.
C.
In the case of signs painted on a building or
individual letters or graphic elements affixed to a building or structure,
the sign face shall comprise the sum of the geometric figures or combination
of regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy.
D.
In the case of sign copy enclosed within a painted
or illuminated border or displayed on a background contrasting in
color with the color of the building or structure, the sign face shall
comprise the area within the contrasting background or within the
painted or illuminated border.
TEMPORARY SIGN
Portable signs or any sign not permanently embedded in the
ground or not permanently affixed to a building or sign structure
that is permanently embedded in the ground are considered temporary
signs.
[Amended 9-11-2017 by Ord. No. 2017-010]
V SIGN
Signs containing two faces of approximately equal size, erected
upon common or separate structures, positioned in a "V" shape with
an angle between faces of not more than 90° with the distance
between the sign faces not exceeding five feet at their closest point.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or projections from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see §
220-63.
WINDOW SIGN
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
Signs in R-1, R-2 and R-3 districts shall conform
to the following regulations:
A. Identification signs. Identification signs shall be
permitted as an accessory use in any residential district as follows:
(1) Customary professional or home occupation identification
signs not over 4 1/2 square feet in size, related solely to the
profession or home occupation conducted on the premises by a resident
thereof.
(2) No more than one such identification sign shall be
permitted for each professional or other person so engaged and residing
in the premises, but if a dwelling has frontage on more than one street,
an additional identification sign shall be permitted for each additional
frontage.
(3) Such identification sign may be affixed to the face
of the building or may be erected on a post or posts not over four
feet high, located in the yard but at least five feet from the property
line and not to impede pedestrian traffic.
(4) The sign may not be illuminated.
B. Bulletin boards.
(1) Permanent bulletin boards or similar announcement
signs are allowed only for churches and other nonprofit institutions.
They may not exceed 32 square feet in gross area and shall be located
at least five feet from the property line. One such sign shall be
permitted for each street frontage.
(2) Signs may be illuminated at night by backlighting
or by direct lighting, provided that the latter is so screened as
not to be visible from an adjacent residence.
[Amended 1-9-2023 by Ord. No. 2022-008]
The intent of the sign standards for the T-C
Town Center District is to provide guidelines for the overall size
and dimensions, design, illumination, and placement of signs that
allows for variety while at the same time maintains the historic character
and pedestrian scale of the Town Center District.
A. The following types of signs are permitted in the
T-C Town Center District and the MURC District:
B. Size limitations. The total display area of all signs,
including window, wall, ground and awnings and excluding sandwich
board signs, permitted on a single lot shall be 1.5 square feet of
display area for each linear foot of building frontage facing the
main street or highway.
C. Window signage.
(1) No window sign shall occupy more than 40% of the total
area of the window where it is located.
D. Wall signs.
(1) No wall sign shall extend above the roofline of the
building where it is attached.
(2) No wall sign shall cover, wholly or partially, any
wall opening.
(3) No wall sign shall include moving, flashing, or animated
parts.
(4) No wall signs shall be painted directly on the face
of a building.
(5) Wall signs shall be at least eight feet above the
sidewalk.
(6) Only one wall sign shall be permitted per facade.
(7) The sign may not be illuminated.
E. Ground signs.
(1) One ground sign shall be allowed per location.
(2) Signs shall be no more than eight feet in height.
(3) Total display area shall not exceed 24 square feet.
(4) Any lighting of the ground sign shall be directed
to the sign itself or intentionally illuminated so as not to impact
surrounding properties.
(5) No ground sign shall be located in the public right-of-way.
(6) No ground signs shall present a physical or visual
obstruction to vehicular or pedestrian traffic.
F. Projecting signs.
(1) Total area shall not exceed 20 square feet.
(2) No projecting sign shall extend above the roofline
of the building where it is attached.
(3) No projecting sign shall cover, wholly or partially,
any wall opening.
(4) No projecting sign shall include moving, flashing
or animated parts.
(5) Projecting signs shall be at least eight feet above
the sidewalk.
(6) Only one projecting sign shall be permitted per facade.
G. Awnings.
(1) The outer edge of an awning shall not extend within
12 inches of the inside curb line.
(2) The lowest edge of the awning shall be attached no
lower than eight feet above the sidewalk.
(3) Awnings shall be constructed of fabric or metal (no
plastic awnings).
(4) The sign may not be illuminated.
H. Sandwich board signs.
(1) Sandwich board sign display area shall not exceed
six square feet per side, or a total of 48 inches in height.
(2) No sandwich board sign shall be taller than four feet
from the level of the sidewalk.
(3) Sandwich board signs shall be designed so as not to
be an obstruction to any public space or walkway.
(4) No sandwich board sign shall be illuminated.
(5) Display hours will be from dawn to dusk.
Within the M-R Marine Resources Use District, all signs shall conform to the requirements of §
220-64 or as approved by the Planning and Zoning Commission, but in no case shall a sign be greater in area than permitted by §
220-66.
[Amended 1-9-2023 by Ord. No. 2022-008]
Within the LI-1 Light Industrial Use District
and the LLI-1 Limited Light Industrial Use District, signs shall conform
to the C-1 use district regulations.
[Amended 1-9-2023 by Ord. No. 2022-008]
Billboards and off-premises advertising signs are not permitted.
[Added 9-11-2017 by Ord.
No. 2017-010]
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.