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Town of Ocean View, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (8) Index
[Amended 10-11-2011 by Ord. No. 284]
A. 
Definition of a sign. A "sign" is any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
B. 
Applicability. These sign regulations apply within every existing and future zoning district in the Town. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with this chapter.
C. 
Purposes. The purpose of this article is to:
(1) 
Encourage the effective use of signs as a means of communication in the Town.
(2) 
Avoid visual clutter and competition among sign displays in their demand for public attention.
(3) 
Promote the safety and convenience of pedestrians and motorists.
(4) 
Minimize the adverse effects of signs on nearby public and private property.
A. 
Sign area measurement. The sign area is the entire portion of the sign that can be enclosed within a single rectangle. The area includes the extreme limits of the letters, figures, designs, and illumination, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.
(1) 
Supports. The structure that supports a sign is not included in measuring the sign area unless the structure is designated and used as an integral part of the display. A support having a perimeter larger than six feet at the widest point is an integral part of the display.
(2) 
Multiple sections. The area of a sign that consists of more than one section includes the space between the sections plus the measurement of the sections of the sign.
(3) 
Multiple faces. All sides of a sign that can be seen at any one time from any vantage point outside the property line of the site where the sign is located are included in the computation of sign area.
(4) 
Nondisplay sides of signs. In order for the sign back or nondisplay side of a sign to be excluded from consideration as sign area, it must be a single, neutral color, if the back or nondisplay side is visible from outside the property lines of the property where the sign is located.
B. 
Sign placement.
(1) 
Setbacks. Setbacks are measured from the portion of the sign nearest the property line.
(2) 
Height. Height is measured from grade.
(3) 
Sign illumination.
(a) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
GLARE
A direct or reflected light source creating a harsh brilliance that causes the observer to squint or shield the eyes from the light.
INDIRECT ILLUMINATION
A light source not seen directly; derived from an external artificial source so arranged that no direct rays of light are projected into a public street or adjoining property.
INTERNAL ILLUMINATION
A light source concealed or contained within a sign that becomes visible in darkness through a translucent surface. Illumination must not shine onto adjoining property or in the eyes of motorists or pedestrians.
(b) 
Prevention of glare. Signs must be illuminated using an enclosed lamp design or indirect lighting from a shielded source in a manner that prevents glare from beyond the property line.
(c) 
Near a residence. Any sign on a lot or parcel within 150 feet of a residential use may be illuminated only during the hours the entity is open for public business, unless the applicant demonstrates that the sign is located so that it will not have an adverse impact on the residence.
A. 
Changeable copy signs.
(1) 
Definition. A "changeable copy sign" is a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign.
(2) 
Where permitted.
(a) 
On properties occupied by educational institutions, places of worship, and public buildings in all districts.
(b) 
On any property in the commercially zoned district not used for residential purposes.
(3) 
Regulations.
(a) 
Changeable copy signs may be incorporated into a sign face when the changeable component of the sign face occupies less than 50% of the total area of that sign face.
(b) 
Changeable copy sign area shall be integrated into the sign face and shall be enclosed by a border or similar enclosure so as to form one sign panel.
(c) 
The changeable copy sign area text message and/or graphics shall not change any more than one time in any given thirty-second period, except for time and temperature displays which may change more frequently than every 30 seconds.
(d) 
The colors, text styles, graphic patterns, and brightness of the changeable copy sign area shall be compatible with and complementary to the colors, text styles, graphic patterns and brightness of other signs on the premises, and signs on other properties in the immediate vicinity.
(4) 
Permit needed: yes. See § 140-96.
B. 
Noncommercial flags.
(1) 
Definition. A "noncommercial flag" is any fabric containing distinctive colors, patterns, or symbols of the national government, political subdivisions of the United States or the State of Delaware, or of bona fide civic, charitable, and fraternal organizations.
(2) 
Permit needed: no, unless the flag is flown on a flagpole higher than 40 feet.
C. 
Political signs: temporary signs announcing or supporting political candidates or issues in connection with any national, state or local election.
(1) 
Political signs may be displayed on private property no more than 60 days prior to a political event or election and shall be removed within seven days of the completion of the political event or election.
(2) 
Permit needed: no.
D. 
Real estate, development, and subdivision signs.
(1) 
General requirements.
(a) 
Materials. Real estate, development, and subdivision signs must be made of materials sufficiently durable for the time that they are displayed.
(2) 
Additional requirements by sign type.
Real estate sign: indicates sale, rental or lease of the premises on which it is located
Standard
Regulation
Number allowed
1 sign for each street frontage
Maximum area
6 square feet per side, total sign area not to exceed 12 square feet
Maximum height
4 feet measured from grade
Placement
10 feet from street line
Illumination
Not permitted
Removal required
Within 15 days of the sale of the property
Permit needed
No
Development sign: advertises the sale or rental of a structure being built as part of a land development project
Standard
Regulation
Number allowed
1 for each street entrance
Maximum area
12 square feet per side, total sign area not to exceed 24 square feet
Maximum height
8 feet measured from grade
Placement
10 feet from street line
Illumination
Not permitted
Removal required
Within 15 days of the sale of the last buildable lot
Permit needed
Yes; see § 140-96.
Construction sign: identifies those engaged in construction
Standard
Regulation
Number allowed
1 per construction project
Maximum area
6 square feet per side, total sign area not to exceed 12 square feet
Maximum height
5 feet measured from grade
Placement
10 feet from street line
Illumination
Not permitted
Removal required
Upon completion of the project or when contractor is finished
Permit needed
No
Model home sign: identifies location of new homes for sale in a subdivision under construction
Standard
Regulation
Number allowed
1
Maximum area
12 square feet, one side only
Maximum height
4 feet measured from grade
Placement
10 feet from street line
Illumination
Not permitted
Removal required
Within 15 days of sale of last buildable lot
Permit needed
Yes; see § 140-96.
E. 
Temporary signs: signs designed or intended to be displayed for a period not exceeding 30 days.
(1) 
Criteria. The Administrative Official may issue a permit for a temporary sign when, in his/her opinion, such sign or display would be in the community or public interest and not have an adverse effect on surrounding properties.
(2) 
Permit needed: yes; see § 140-96.
[Amended 11-18-2014 by Ord. No. 314]
Freestanding sign: not wholly or partially attached to a building.
Supported: attached to pole, column, frame, or brace as its means for support.
Ground: erected on the ground; bottom edge is within 12 inches of the ground, support structure is integral part of sign.
Standard
Regulation
Number allowed
1 per lot
Maximum area
2 square feet per side, total sign area not to exceed 4 square feet
Maximum height
3 feet measured from grade
Placement
10 feet from any street or property line
Illumination
Not permitted
Permit needed
No
Wall sign: parallel to the wall of the building to which it is attached and not extending more than 12 inches from the building.
Standard
Regulation
Number allowed
1 per lot
Maximum area
2 square feet
Placement
Not above roofline
Illumination
Not permitted
Permit needed
No
Entrance sign for residential subdivisions:
Erected at entrance to residential subdivision.
Identifies location of the subdivision.
Must be either freestanding ground or wall sign.
Standard
Regulation
Number allowed
1 or 2 depending on desired size
Maximum area
32 square feet if 1 sign
16 square feet per sign if 2 signs
Sign must be single-faced
Maximum height
10 feet measured from grade
Placement
At entrance to a residential subdivision
Illumination
Permitted
Permit needed
Yes; see § 140-96.
Identification sign for public facilities and places of assembly:
Examples include places of worship, schools, libraries, museums, hospitals.
Identifies location of the facility.
Must be either freestanding ground or wall sign.
Standard
Regulation
Number allowed
1
Maximum area
24 square feet per side, total sign area not to exceed 48 square feet
Maximum height
10 feet
Placement
From street line
30 feet
From property line
50 feet
Illumination
Indirect illumination only
Permit needed
Yes; see § 140-96.
Announcement sign for public facilities and places of assembly:
Examples include places of worship, schools, libraries, museums, hospitals.
Provides information about events taking place at, persons associated with, or services provided by the facility.
Must be either freestanding ground or wall sign.
Standard
Regulation
Number allowed
1
Maximum area
10 square feet per side, total sign area not to exceed 20 square feet
Maximum height
12 feet measured from grade
Placement
30 feet from property line
Illumination
Indirect illumination only
Permit needed
Yes; see § 140-96.
Farm products sign: on property where products raised on the premises are sold.
Standard
Regulation
Number allowed
1
Maximum area
12 square feet per side, total sign area not to exceed 24 square feet
Maximum height
12 feet measured from grade
Placement
From any street
20 feet
From other property lines
30 feet
Illumination
Not permitted
Permit needed
Yes; see § 140-96.
Freestanding sign, single-business site:
Not wholly or partially attached to a building.
Attached to pole, column, frame, or brace for support.
Advertises a single business on a single lot or parcel.
Standard
Regulation
Number allowed
1 per lot or parcel; but not in conjunction with a ground-supported sign
Maximum area
24 square feet per side; total sign area not to exceed 48 square feet
Maximum height
12 feet measured from grade
Placement
From front street/property line
10 feet
From any other street/property line
20 feet
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Freestanding sign, multiple-business site:
Not wholly or partially attached to a building.
Attached to pole, column, frame, or brace for support.
Advertises more than one business on a single lot or parcel.
Standard
Regulation
Number allowed
1 per lot or parcel; but not in conjunction with a ground-supported sign
Area
A maximum of 24 square feet per side is permitted for 1 business. For each additional business, a maximum of 4 square feet may be added to the sign. However, no business shall be allotted fewer than 4 square feet of such sign. The total size of the sign shall not exceed 64 square feet per side.
Maximum height
16 feet measured from grade
Placement
From front street/property line
10 feet
From any other street/property line
20 feet
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Ground-supported sign, single-business site:
Erected on the ground.
Bottom edge within 12 inches of the ground.
Support structure is integral part of sign.
Advertises a single business on a single parcel.
Standard
Regulation
Number allowed
1 per lot or parcel; but not in conjunction with a freestanding sign
Maximum area
24 square feet per side; total sign area not to exceed 48 square feet
Maximum height
4 feet measured from grade
Placement
From front street/property line
10 feet
From any other street/property line
20 feet
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Ground-supported sign, multiple-business site:
Erected on the ground.
Bottom edge within 12 inches of the ground.
Support structure is integral part of sign.
Advertises more than one business on a single parcel.
Standard
Regulation
Number allowed
1 per lot or parcel; but not in conjunction with a freestanding sign
Area
A maximum of 24 square feet per side is permitted for 1 business. For each additional business, a maximum of 4 square feet may be added to the sign. However, no business shall be allotted fewer than 4 square feet of such sign. The total size of the sign shall not exceed 64 square feet per side.
Maximum height
8 feet measured from grade
Placement
From front street/property line
10 feet
From any other street/property line
20 feet
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Window sign:
Painted or mounted onto a windowpane; or
Hung directly inside a window.
Identifies a business from the sidewalk or street.
Standard
Regulation
Number allowed
1 per business
Maximum area
15% of window area
Illumination
Not allowed
Permit needed
Yes; see § 140-96.
Wall sign:
Parallel to the wall of the building to which it is attached.
Does not project more than 12 inches from wall including supporting structure.
Standard
Regulation
Number allowed
1 per business
Maximum area
10 square feet
Maximum height
May not extend above roofline or be placed on roof
Placement
Front of building; may be placed on side or rear of building if not adjacent to residential property
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Identification sign:
Placed at entrance to a building.
Identifies type of business(es) in a building.
Standard
Regulation
Number allowed
1 per building per business
Maximum area
1 square foot per business
Placement
Adjacent to building entrance
Illumination
Allowed
Permit needed
Yes; see § 140-96.
Canopy sign: a part of, or attached to, an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Standard
Regulation
Number allowed
1 per building per business
Maximum area
5% of square footage of surface on which the sign is to be placed
Illumination
From back of sign only
Permit needed
Yes; see § 140-96.
Directional sign:
Facilitates internal circulation within a property having more than one building or business.
May also facilitate entrance and exit from the property to adjoining roads.
Standard
Regulation
Number allowed
Must be shown on development plan
Maximum area
2 square feet
Maximum height
4 feet measured from grade
Placement
Must be shown on development plan
Illumination
Allowed
Permit needed
Yes, see § 140-96.
Sandwich board sign:
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported.
May be displayed only during business hours of tenant displaying sandwich board.
Standard
Regulation
Number allowed
1 per tenant space
Maximum area
8 square feet per side; total sign area not to exceed 16 square feet
Maximum height
4 feet measured from the ground to top of sign
Placement
Must be either in front of or adjacent to the building where business is located.
May not interfere with pedestrian egress or ingress.
May not be placed in public right-of-way.
Illumination
Not allowed
Permit needed
No
Commercial flag stating "Open":
Indicates that a business is open.
Made of cloth or other lightweight material.
Mounted on a pole.
Standard
Regulation
Number allowed
Single-business site
1 per business site
Multiple-business site
3 per multiple-business site
Maximum area
3 feet by 5 feet
Maximum height
10 feet
Placement
So as to not obstruct motorist's or pedestrian's view or interfere with public safety
Illumination
N/A
Permit needed
No
A. 
Definition. A "prohibited sign" is one that cannot be erected or maintained.
B. 
List of prohibited signs.
(1) 
Abandoned or obsolete signs: a legally erected sign, other than a temporary sign, including structural supports and electrical connections, directing attention to a business, commodity, service, or entertainment in a building that has not been used for six months or more.
(2) 
Animated signs: a sign, or any part of a sign, that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.
(3) 
Attached to the property of others: a sign affixed to a structure or property such as a fence, wall, antenna, another sign, or any public structure, without permission of the owner.
(4) 
Attached to utility poles or trees within public rights-of-way.
(5) 
Attached to a vehicle: a sign affixed to a vehicle parked primarily for display purposes.
(6) 
Banner signs.
(a) 
Definition: a sign of cloth or similar lightweight material typically supported at two or more points and hung on a building or otherwise suspended down or across its face, or across a public right-of-way. Flags as defined in this section shall not be considered banners.
(b) 
Exception. Banner signs shall be allowed as temporary signs (See Article X, § 140-63E.) only under the following conditions:
[1] 
When approved for a special event.
[2] 
When approved as a temporary sign pending installation of a permanent sign.
[3] 
When approved by the Town over designated rights-of-way.
(7) 
Communication-interference signs: a sign having any lighting or other control mechanism that causes interference with any communications system.
(8) 
Flashing signs: a sign that contains or is illuminated by flashing, revolving, intermittent lights, or lights that change intensity.
(9) 
Noise-emitting signs: a sign that produces noise or sounds capable of being heard, regardless of whether such sounds are understandable.
(10) 
Obscene signs: a sign that contains obscene statements, words, or depictions that are construed to offend public morals or decency.
(11) 
Off-site signs (billboards): a sign directing attention to a business, commodity, service, or entertainment conducted, sold, or ordered at a location other than the premises on which the sign is located.
(12) 
Roof signs: a sign painted on the roof of a building or structure, supported by poles, uprights, or braces extending from, or attached to, the roof of a building, or projecting above the roof of a building.
(13) 
Signs emitting odor or visible smoke, vapor, or particles.
(14) 
Signs interfering with traffic safety: a sign that meets any of the following criteria:
(a) 
Is shaped like a traffic sign or signal, or uses wording similar to traffic signals, or interferes with traffic safety.
(b) 
Is placed in a location that obstructs the view of traffic signs, traffic signals, oncoming traffic, pedestrians.
(c) 
Interferes, in any way, with placement or function of any traffic-control device.
(d) 
Is 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 25 feet to 300 feet.
(e) 
Makes use of the words "stop," "look," "drive-in," "danger," or any other work, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic.
(15) 
Signs in the public right-of-way: a sign located in a public right-of-way, except one that has been so placed by a governmental agency or utility company in the performance of its official public duties.
(16) 
Unsafe signs: a sign that creates a safety hazard due to structural or electrical conditions or inadequate maintenance.
(17) 
Wind-activated signs: any banner, pennant, streamer, ribbon, spinner, balloon, string of lights, or other device that moves in the wind or is either set in motion or powered by wind.
A. 
Definition. An "exempt sign" is a sign that is not required to comply with the size, location, and number standards of this article but must comply with applicable provisions governing prohibited signs.
B. 
List of exempt signs.
(1) 
Measuring two square feet or less.
(a) 
Residential living sign: a sign on private property, customarily associated with residential living or decoration.
(b) 
Newspaper and mailbox: a sign that is part of a mailbox or a newspaper tube and conforms to applicable government regulations.
(c) 
Warning signs: a sign warning the public about trespass, danger, or safety considerations.
(2) 
Regardless of size.
(a) 
Official duties of government or utilities: a sign used by a government agency or utility company erected by, or on the order of, a public officer or utility official in the performance of official duties, such as controlling traffic, identifying streets, warning of danger, providing information.
(b) 
Required by law: a sign whose display is required by law or regulation.
(c) 
Commemorative sign: a sign that is cut into the masonry surface or constructed of bronze or other material and made an integral part of the structure, such as a cornerstone, memorial, plaque, or historical marker.
(d) 
Government flags and insignia: flags and insignia of any government except when displayed in connection with commercial promotion.
(e) 
Holidays: a sign, including lighting in accordance with applicable electrical requirements, displayed in connection with the observance of any holiday, provided that it is removed within 10 days of the end of the holiday.
(f) 
Adornments and decoration: any adornments or seasonal decoration.
See § 140-93.
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.
A. 
All signs shall be maintained in good condition and appearance. The Administrative Official may remove, at the owner's expense, any sign that does not comply with this chapter.
B. 
Neglected signs. The Administrative Official may remove any sign that shows gross neglect or becomes dilapidated.
C. 
Permanent signs. The Administrative Official may remove any permanent sign erected or maintained in conflict with these regulations, if the owner or lessee of either the site or the sign fails to correct the violation within 30 days after receiving written notice from the Administrative Official. Removal of a sign shall not affect any proceedings instituted prior to removal of such sign.
D. 
Temporary and prohibited signs. Within 24 hours of the removal of the sign, the Administrative Official shall notify the owner of the sign that the sign has been removed whenever possible. If, after 10 days, the owner of the sign does not retrieve the sign from the Town, the Administrative Official may dispose of the sign. If an owner has signs removed once within a year, the Town may retain and dispose of the sign without notice to the owner.