[Amended 7-10-2010 by Ord. No. 681; 6-12-2015 by Ord. No. 719]
A. Purpose. The purpose of this section is to establish reasonable regulations
of size and placement of the temporary outdoor display of signs, banners,
flags, products, goods, wares and merchandise in conjunction with
legally operating businesses.
B. Outdoor display of merchandise. Outdoor display of merchandise shall
only be permitted in conjunction with an existing permitted use that
occupies the subject property. Display items shall be limited to merchandise
sold by the business or decorative items which relate to or complement
the business. Outdoor displays shall not be included in the calculations
of permitted signage. Outdoor displays of merchandise shall not be
permitted on public property.
C. Height and area for displays.
(1)
Outdoor display of merchandise shall only be permitted on the
private property of a business holding an outdoor display permit for
such outdoor display(s). No outdoor display shall encroach or trespass
any public right-of-way or sidewalk or block any patron accessway,
fire exit, or parking area directly accessible from the business.
(2)
No merchandise or other items that are part of an outdoor display
shall be displayed at a height higher than 12 feet from grade.
(3)
The maximum area for the staging of an outdoor display shall
be determined by the Building Official, using the following formula:
(a)
The maximum area for the staging of an outdoor display shall
be determined by measuring the linear footage of the business's property
which abuts a street or streets reduced by the linear footage directly
accessing any parking area or lot ("length") and the average width
of that portion of the business's open area which extends from the
inside edge of a public sidewalk, or, if a public sidewalk does not
exist, from the right-of-way to the business's building facade ("width").
The maximum area usable for the staging of an outdoor display shall
not exceed 30% of the area calculated by multiplying the abovementioned
length by width. All properties must have one unblocked handicap ramp.
Display items may not block any fire exits or entrances to the business.
(b)
Notwithstanding the amount of a business property's yard determined
usable for an outdoor display, the maximum lot area for the staging
of an outdoor display of merchandise for any business shall be 500
square feet.
D. Coordinated events. Sidewalk sales may be coordinated by the Chamber
of Commerce or community groups involving individual retail establishments
on a maximum of three separate occasions per calendar year, with each
separate occasion extending for a period not to exceed four consecutive
days, provided that no sidewalk sales may occur between the Friday
of Memorial Day weekend through Labor Day. A sidewalk sale shall only
be conducted by the retail establishment located on the property and
shall only include merchandise that is regularly offered for sale
inside that retail establishment.
E. Sales benefiting nonprofit organizations. Outdoor sales by local
resident nonprofit organizations are permitted, provided that written
documentation of charitable status and written permission from the
property owner are provided to the Building Official prior to the
outdoor sale.
F. Unimpeded public access. All portions of the public sidewalk shall
continuously provide for unimpeded pedestrian access, and shall not
be blocked at any time without Town approval.
The following signs are permitted in all districts:
A. Signs of duly constituted governmental bodies, including traffic,
parking or similar regulatory devices, legal notices, directional
signs and street name signs.
B. Signs required to be maintained or posted by law or governmental
regulation.
C. Signs which are not visible off the lot on which they are situated.
D. Signs not exceeding 1 1/2 square feet in area, displayed strictly
for the direction, safety or convenience of the public, including
signs identifying parking area entrances and exits, freight entrances,
public rest rooms and similar types of signs.
E. One sign relating to the contractor/subcontractors plus one sign
relating to the developer of a construction project may be erected
only during the time that construction work is in progress, and the
size of such signs shall not exceed 32 square feet each.
The following signs are prohibited in all districts:
A. Signs lighted in any manner which may constitute a traffic hazard
or be a nuisance to surrounding properties, including signs that provide
moving spotlights that might distract pedestrians or motorists, revolving
lights, animation, or blinking or moving lights.
[Amended 5-19-2023 by Ord. No. 810]
B. 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 of 30 feet.
C. Signs which produce noise, sounds or emit visible smoke, vapor, particles,
or odor.
D. Signs with intermittent lights resembling or seeming to resemble
the flashing lights customarily associated with danger or such as
are customarily used by police, fire, or ambulance vehicles or for
navigation purposes.
E. Signs attached to trees or utility poles.
F. Signs attached to any vehicle, parked primarily for display purposes.
G. Inflated objects larger than seven feet in any dimension. Temporary
exceptions may be granted by the Town Commissioners on a case-by-case
basis for a period not to exceed seven days, upon showing that they
will not adversely affect the use or value of surrounding properties.
The following signs are permitted in NR, RR and PR Residential
Districts:
A. One name plate sign no larger than 1 1/2 square feet in area
displaying the name and street address of the occupant of the property,
or the name of the building manager, or the name of a permitted use.
The identity of a multifamily dwelling building or group of buildings
may be erected, provided the size does not exceed 18 square feet.
B. Real estate advertising signage.
(1) Single-family detached dwelling parcel.
(a)
One portable, nonpermanent, freestanding sign no larger than
seven square feet in total signage area and not greater in height
than four feet above ground level may be placed upon each single-family
detached dwelling parcel, as determined by the Building Official,
for the exclusive purpose of advertising the sale, rental, or lease
of that premises.
(b)
No sign shall be placed further than seven linear feet from
the foundation of the principal residential structure, unless the
Building Official renders a determination that, because of the irregular
size or shape of the lot or location of the structure, the sign may
be placed otherwise. Signage may not be affixed to the interior windows
or exterior surface of any building in the districts, including exterior
decks and roofing. Signage may not be affixed or attached to utility
poles, traffic signs, trees, or any other structure. In no event shall
signage be placed within the right-of-way of a street or roadway.
(c)
The sign shall be placed parallel to the street on which the
parcel is located.
(d)
In the event that the parcel abuts two or more streets, one
sign may be placed on each side of the parcel abutting a street.
(e)
Each sign must be constructed of a durable material. Signage
constructed of cardboard, paper, or other nondurable material is prohibited.
(f)
The signage shall not be illuminated by lights affixed to the
sign.
(g)
Signage shall not advertise an off-site sale. Pamphlet displays
shall promote exclusively the parcel upon which the signage is located.
(2) Multifamily dwelling unit parcels.
(a)
One temporary real estate advertising sign, as identified hereinabove in Subsection
B(1)(a), or one permanent real estate advertising sign, identified hereinafter as a "master sign," no larger than 20 square feet in total signage area and not greater in height than six feet above ground level may be placed in a location approved by the Building Official upon a parcel containing a group of townhouses or multifamily dwelling units consisting of one or more buildings designed or developed as a single entity, such as a condominium or townhouse community, for the exclusive purpose of advertising the sale, rental, or lease of any unit within that parcel.
(b)
The master sign may be freestanding, provided that it is placed
parallel to the street on which the parcel is located. No freestanding
master sign shall be placed further than seven linear feet from the
foundation of one of the principal residential units, unless the Building
Official renders a determination that, because of the irregular size
or shape of the lot or location of the structure, the sign may be
placed otherwise.
(c)
The master sign shall be placed parallel to the street on which
the parcel is located. In the event that the parcel abuts two or more
streets, only one sign shall be placed on the premises.
(d)
The master sign may be affixed to an exterior wall of the multiunit
structure, provided that it is placed parallel to the street on which
the structure is located.
(e)
Each master sign shall be constructed of wood or a durable material
approved by the Building Official and shall be designed to permit
the insertion of signs commonly known as "slip signs," being six inches
in height and 12 inches in length, to advertise each unit for sale,
lease or rent. The master sign shall display signage on one side only,
and shall be constructed with a solid backing to prevent displacement
of signage. The approved design of master sign construction shall
be kept on file by the Building Official, and said approved design
shall be considered by the Building Official when reviewing master
sign placement permit applications.
(f)
A master sign placement permit must be acquired from the Building
Official prior to installation. Unless amended by subsequent ordinance,
no fee shall be imposed for a master sign placement permit.
(3) Supplementary provisions.
(a)
Residential real estate advertising signage shall not be considered
in the calculation of total permitted commercial signage where residential
and commercial uses exist upon the same premises.
(b)
Temporary "Open House" signage, including but not limited to
flags, banners, inflatable objects and any other form of advertising
material, not to exceed seven square feet in area may be placed upon
a parcel proximate to the street frontage during an open house promotion
which shall be supervised by a licensed real estate agent. In no event
shall the open house signage remain continuously on the parcel in
excess of the duration of the open house promotion.
(c)
Signage not permitted pursuant to this chapter and this Subsection
B of §
185-31 is prohibited.
(d)
The provisions of this chapter shall apply to all real estate
advertising signage located within the NR Neighborhood Residential,
RR Resort Residential, and PR Planned Residential Districts of the
Town of Dewey Beach, and no existing temporary real estate advertising
signage shall be exempt from the requirements set forth herein.
(e)
The Building Official is authorized to remove any signage which violates the provisions of this section without prior notice to the owner or owners of the parcel(s) or signage and may subsequently notify the owner(s) to claim the signage. In the event that no person or entity who or which owns the violating signage claims said signage within 30 days of written notification by the Building Official, the Building Official may dispose of the signage without liability to the Building Official or the Town of Dewey Beach. The provisions stated hereinabove shall not prevent the Town of Dewey Beach from commencing appropriate criminal and/or civil proceeding pursuant to §
185-84 of this Code.
C. One temporary real estate development sign, no larger than 32 square
feet in area, advertising property in the process of development.
If the property abuts more than one street, one such sign may be erected
on each street.
D. One professional sign, no larger than one square foot in area, displaying
the name and the occupation of a professional person or group of persons
for the identification of a permitted home occupation.
E. One announcement board, no larger than 12 square feet in area, displaying
the announcements of a religious, educational, philanthropic or fraternal
organization.
The following apply to signs permitted in the RB Commercial
Districts:
A. All signs permitted in the residential districts shall be permitted
in the RB Districts.
B. All signs shall be permitted to advertise solely a Dewey Beach business,
commodity, service or entertainment.
C. Each property in the RB Districts shall be entitled to one master
sign per 75 feet of street frontage.
D. Each property fronting on Coastal Highway (S.R. 1) may display one
sign for a Dewey Beach business located in either an RB or RR District
but not fronting onto S.R. 1, subject to an agreement negotiated with
the property owner.
E. The size of signs which are freestanding shall be limited to one
square foot of sign for each linear foot of street frontage, but not
to exceed 85 square feet on a single surface, and may consist of two
surfaces back-to-back to be visible from opposite directions. Properties
eligible for freestanding signs shall have a minimum of 10,000 square
feet of land per sign. All such freestanding signs shall conform to
the structural specifications of the Outdoor Advertising Division
of the Delaware State Department of Transportation.
F. The size of signs attached to a wall of a building, or painted on
the wall or with raised letters mounted on an exterior wall shall
not exceed one square foot of sign for each linear foot of frontage
on a street or streets.
G. Signs erected on the roof of a structure shall not exceed the height
restriction on structures of 35 feet, and the structure must be approved
by a registered Delaware engineer or architect.
H. Signs, including the supports, shall not encroach on any of the required
setback areas nor on the corner visibility triangles specified in
the Code.
I. Signs advertising a product for sale on the premises shall be permitted
if the advertising of the product forms a part of the sign advertising
the Dewey Beach business.
J. A group of stores, as in a mini-mall, shall be permitted one freestanding
sign naming the center or mall and listing the businesses. This sign
shall not exceed 25 feet in height nor more than 60 square feet in
area. In addition, each business located in the center shall be permitted
one sign attached or painted on the building.
K. Included within the calculation of permitted sign area as described in Subsections
C,
D,
E,
F,
G,
H and
J hereinabove are temporary signs, banners, flags, menu boards, and posters as more particularly defined in §
185-27. The calculating of total square footage of all such permanent and temporary signs shall not exceed the permitted square footage. Temporary signs, posters and banners may be placed directly over permanent signage so as not to increase the total square footage of the sign area.
In any district, any sign in existence as of the passage of this chapter which does not comply with the provisions of this chapter may be maintained subject to the provisions of Article
IX, Nonconformities.
Temporary political signs shall be permitted in all districts
two months prior to election and one week after election if:
A. Placed on private property only, with the owner's permission.
B. Not in excess of seven square feet in size, except in the Business
District signs shall not exceed 32 square feet in size.
C. Not placed on the public right-of-way.