[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 7-29-1978 by Ord. No. 26; amended in its entirety
12-10-2010. Subsequent amendments noted where applicable.]
This chapter is intended to promote the health, safety and general
welfare of the residents of, visitors to, and owners and occupants
of land and buildings within the Town; to restrict and eliminate signs
tending to depreciate the value of property; and to eliminate actual
or potential hazards to pedestrians and motor vehicle operators within
the Town.
The following terms, wherever used herein, shall have the respective
meanings assigned to them unless a different meaning clearly appears
from the context:[1]
In the absence of said official, shall be synonymous with
the Town Manager or any other person designated to perform the duties
of Building Official.
To build, construct, attach, hang, place, suspend or affix.
A flag, pennant or similar instrument intended to be hung
on a pole no higher than 17 feet nor wider than three feet, possessing
characters, letters, illustrations or ornamentations applied to paper,
plastic or fabric of any kind.
[Added 6-26-2015]
A piece of cloth, plastic or fabric of any kind of distinctive
size, color and design used as a symbol, standard, signal, decoration,
advertisement or emblem.
Any permanent or temporary sign whose design and/or construction
is intended to be moveable.
Includes every sign and any announcement, declaration, display,
illustration or insignia used to advertise or promote the interests
of any person, artificial entity, business or group when the same
is placed out-of-doors in view of the general public.
A sign or advertising device, but not a bumper sticker, which
is painted, mounted, affixed or otherwise attached to a vehicle or
trailer, which is used for the purpose of providing advertisement
of products and services or directing people to a business, service
or other activity.
[1]
Editor's Note: The former definition of "blade banner," which
immediately followed, was superseded 6-26-2015. See now the definition
of "feather flag."
Except as otherwise specifically provided in this chapter, the
following provisions apply in all zones:
A.Â
The area of a sign shall include the entire face of the sign, including
the border and trim, and shall include the space between letters,
figures and designs. All sides of a sign which are visible from any
one vantage point shall be measured in determining the area of a sign,
except that only one side of a sign shall be measured if the two sides
are back-to-back or separated by an angle of 45° or less. In the
latter case, if the two sides are not of equal size, the larger side
shall be measured. All signs must be built to withstand 35 pounds
of wind pressure per square foot and a wind velocity of 110 miles
per hour.
B.Â
The Building Official may cause any sign or advertising structure
which is an immediate peril to persons or property to be removed summarily
and without notice.
C.Â
Portable and movable signs; A-shape signs.
(1)Â
Portable or movable signs which are not firmly attached to a structure are prohibited, excepting that permanently located freestanding signs and those signs as set forth in § 135-3C(2) are exempt from the above prohibition.
(2)Â
In addition to the flags permitted in § 135-5A(3) and C(4)(b), A-shape signs with maximum dimensions of three feet high and two feet wide or a flag indicating either "open" or a product or nationality having dimensions of not greater than four feet by six feet shall be permitted, to be located not beyond either the front or side property line, one per business establishment, to be removed at sundown and not replaced until 7:00 a.m. A-shape signs shall be removed in high winds where they could create a hazard.
[Amended 6-26-2015]
D.Â
No sign shall be permitted which by reason of its shape, color or
working may be confused with an official traffic sign, signal or device,
or which may mislead or confuse pedestrians or vehicle operators,
or obscure from view any traffic or street sign or signal, or which
may obstruct the view in any direction at the intersection of a street
with another street or with a driveway.
E.Â
Two signs per vehicle, not to exceed 12 square feet total, are permitted.
F.Â
A sign in the shape or form of any person, animal, vegetable, product
or portion of any of the foregoing is prohibited, except with the
approval of the Town Council.
G.Â
A sign which advertises a building, product, business, service, event
or institution which is not located on the same lot as the sign is
prohibited.
H.Â
A sign that flashes, blinks or has intermittent or varying intensity
of illumination is prohibited, whether deliberate or as a consequence
of a defect in the sign or the illumination source, if visible from
the travel portion of the highway, except for a sign indicating the
time or date or temperature changes, or a combination.
I.Â
The light from any light source intended to illuminate a sign shall
be so shaded, shielded or directed that the light intensity or brightness
shall not adversely affect surrounding or facing premises, nor adversely
affect safe vision of pedestrians or operators of vehicles moving
on public or private streets, driveways or parking areas.
J.Â
No sign shall obstruct any door, fire escape, stairway or any opening
intended to provide ingress or egress to or from any building or structure.
K.Â
No sign which is not attached to a building shall exceed 20 feet
in height above the finished grade below it.
L.Â
The lowest point of any sign which extends over an area intended
for pedestrian use shall not be less than eight feet above the finished
grade below it. The lowest point of any sign which extends over an
area intended for vehicular use shall be not less than 14 feet above
the finished grade below it.
M.Â
Signs larger than 30 square feet in area shall be set back a minimum
of 25 feet from the Route 1 state right-of-way line or property line
on other streets or roads. Signs of 30 square feet and under shall
set back a minimum of 10 feet from the Route 1 state right-of-way
line or property line on other streets or roads except as otherwise
specifically provided in this chapter.
N.Â
In the case of signs placed in the interior of a building and observable
from the outside through a frontage window:
(1)Â
Unlighted signs, meaning signs without electrification, are permitted.
O.Â
Unless the sign is specifically permitted under this chapter, in
the Commercial Zone it shall be unlawful for any person or entity
to cause or permit the repair, erection, alteration, relocation or
conversion of, or to permit to exist, any sign within the Town. This
prohibition shall apply to both the owner of the land or buildings
and any lessee (tenant) or other occupant.
P.Â
Handicap parking signs. Any handicap parking spaces or zones designated
by any person or artificial entity for use by persons with disabilities
shall have erect signage.
Subject to the other conditions of this chapter, the following
signs shall be permitted in any zone:
A.Â
Construction signs. One sign shall be permitted for all building
contractors, one for all professional firms and one for all lending
institutions involved in the construction, enlargement, reconstruction
or repair of a structure. Each such sign shall not exceed six square
feet in area, with not more than a total of three such signs permitted
on one site. If freestanding, the height of each such sign shall not
exceed eight feet. Signs shall be set back a minimum of five feet
from the Route 1 state right-of-way line and a minimum of five feet
from the property line on all other streets or roads. Each such sign
shall be removed within 14 days of the end of the intended use of
the project.
B.Â
Real estate signs. One temporary real estate sign not exceeding six
square feet in area and located on the property to which it relates
shall be allowed for each lot. Signs shall be set back a minimum of
five feet from the Route 1 state right-of-way line and a minimum of
five feet from the property line on all other streets or roads. Any
such sign shall be removed within seven days of settlement of the
property.
C.Â
Banners. Banners advertising a public entertainment or event, if
specifically approved by the Town Council and in locations designated
by the Town Council, may be displayed 14 days prior to and during
and seven days after the public entertainment or event, or as otherwise
approved by the Town Council.
D.Â
Permanent identification signs. Signs of a permanent nature, setting forth the name of a church, community center or other like projects, shall be permitted if erected in accordance with the minimum yard requirements of the zone in which the sign is located. Setback requirements shall be in accordance with § 135-3M of this chapter. Any such signs shall not exceed 30 square feet in area. Such signs shall be deemed to include community bulletin boards.
E.Â
Civic, religious and quasi-public signs. Name, directional and information
signs and emblems of service clubs, places of worship, civic organizations
and quasi-public uses shall be permitted on private property if set
back in accordance with the minimum sign setback requirements of the
zone in which the sign is located. Each such sign shall not exceed
three square feet in area. If freestanding, the height of such sign
shall not exceed eight feet. In the event that there is a need for
more than one sign at one location, all such signs must be consolidated
and confined within a single frame.
F.Â
Public signs. Signs of a noncommercial nature and in the public interest,
such as directional signs, regulatory signs, warning signs and information
signs, may be erected by or on the order of a duly appointed federal,
state, county or Town public officer in the performance of his duty.
G.Â
Temporary signs. Temporary signs announcing any public, charitable,
civic, educational or religious event or function may be located on
the lot on which the event or function is to take place and set back
no less than 10 feet from the property line nor exceed 30 square feet
in area. Such a sign shall be erected no more than 10 days prior to
the event or function and must be removed within five days after the
event or function. If freestanding, the height of such sign shall
not exceed eight feet.
H.Â
Election campaign signs. Signs relating to primary or general elections, including referenda questions, shall be permitted up to a total area of nine square feet for each lot in a Residential Zone and 30 square feet in a Commercial Zone. These signs shall be confined within private property and shall not be less than 25 feet from the nearest curb intersection of any street or road. Sign setback requirements shall be in accordance with § 135-3M of this chapter. If freestanding, the height of such signs shall not exceed eight feet. Such a sign may be displayed no sooner than 30 days before an election and must be removed within two days after the election to which it relates.
The following shall apply in Commercial Zones:
A.Â
For a single commercial business, which is not a part of a subdivided building, the following shall apply (All signs described herein shall be subject to the restrictions provided in § 135-4.):
[Amended 6-26-2015]
(1)Â
With property less than 100 feet of frontage on Route 1, two signs
are permitted. One sign, attached to the building and not exceeding
one square foot for each front foot of building, is permitted. A freestanding
sign is also permitted, but shall not exceed 30 square feet and shall
not reduce the number of required parking spaces.
(2)Â
With property of 100 feet of frontage or more on Route 1, there shall
be allowed one freestanding sign no larger than 120 square feet and
one sign attached to the building not to exceed one square foot in
area for each front foot of building.
(3)Â
Three flags not in excess of four feet by six feet are permitted
if attached to the front of a building, on a pole, or attached to
a sign; anything contained in this chapter notwithstanding, a flag
may protrude no more than six feet from the wall to which it is attached
and, if attached to a building, may not be higher than the roof of
the building. One flag may be substituted with a feather flag.
B.Â
In the case of a subdivided building, the total number of signs shall
not exceed three signs for each single commercial occupant, and the
total square footage of all such signs shall not exceed 1Â 1/2
square foot in area for each lineal front foot of building used for
a single commercial purpose. Each allowed sign must be on or attached
to the building.
[Amended 6-26-2015]
C.Â
In addition to the sign allowed in Subsection B above, the following signs shall be permitted:
[Amended 6-26-2015]
(1)Â
One multiple-use identification sign, stating the name of the subdivided building and some or all of its tenants. The area of such sign shall be determined independently from the sign area allowed under Subsection A of this section and shall not exceed 30 square feet per tenant or exceed 250 square feet per subdivided building.
(2)Â
One additional sign shall be permitted below a canopy or overhang,
not to exceed two square feet in size.
(3)Â
In the case of gasoline service provided by a retail store, one additional
conventional freestanding gasoline sign.
(4)Â
Subdivided buildings; protrusion.
(a)Â
For an entire subdivided building, one United States flag and
one State of Delaware flag are permitted on a pole(s) attached to
the front of a building or on a flagpole set back at least 25 feet
from the front property line and 10 feet from any side property line.
(b)Â
For a subdivided building, each unit comprising a business is
permitted to have one flag for each unit of the business, with dimensions
not in excess of four feet by six feet, if on a pole attached to the
front of the business (building). Only one feather flag shall be permitted
for multiple units.
(c)Â
Anything contained in this chapter notwithstanding, if attached
to a building, a flag(s) may protrude no more than six feet from the
wall to which it is attached and may not be higher than the roof of
the building.
D.Â
No sign on or attached to a building shall extend beyond that portion of the building which it identifies, nor shall it extend above the height of the wall of the building on which it is placed, nor shall it extend beyond the width of the wall of the building on which it is placed, nor shall it protrude more than six inches from the wall of the building on which it is placed, except that the sign permitted under Subsection C(2) above may extend out to the limit of an overhang or canopy.
E.Â
In the case where the size of the building is disproportionately small compared to the size of the facility as a whole, a sign not to exceed 25 square feet shall be permitted on the building, to be placed in accordance with the provisions of this chapter, and one freestanding sign shall be permitted no greater than 30 square feet and shall be set back a minimum of 10 feet from the Route 1 right-of-way line or property line or other streets or roads, except as otherwise specifically provided in this chapter, and shall be subject to the restrictions as set forth in § 135-3.
F.Â
In the case of a full-service auto repair garage-gasoline station
having an overhead canopy covering at least two rows of gasoline pumps,
the following shall be permitted:
(1)Â
One freestanding sign consisting of multiple signs not to exceed
four square feet for each multiple sign advertising current gasoline
prices, subject to height, size and setback requirements set out above.
(2)Â
Lettering and logo showing the company, not exceeding letter heights
of 2Â 1/2 feet, lettering length of 16 feet and logo height of
33 inches, on either side of the canopy.
(3)Â
A sign not exceeding 16 square feet on the building indicating the
service center.
(4)Â
Advertisement of oil and gas on each pump, said advertisement not
to exceed three square feet on each pump, is permitted.
A.Â
Any permanent sign lawfully in existence on the effective date of this chapter shall be allowed to remain; however, if an existing sign is destroyed or falls into disrepair, then reconstruction of said sign of the same size and in the same location shall be permitted if rebuilt within one year of said destruction or disrepair. In the event such a sign is not rebuilt and replaced within the one-year time limit, then any reconstruction must be in accordance with this chapter. The condition of the sign in question shall be determined and approved by the Building Official at the time the sign permit application is filed as set forth in § 135-7 herein. The condition of such sign may also be evaluated at the time it is destroyed or falls into disrepair. All applications for a permit to replace a nonconforming sign shall not be considered as a reconstruction of a nonconforming sign, and, therefore, the replacement sign must be in accordance with this chapter.
A.Â
No sign shall be erected or moved or altered as to size, shape, design or context without first filing an application and obtaining a signed permit of approval by the Building Official, except as provided in § 135-8 of this chapter. Where space on the sign is provided to indicate sales or specials, the written and/or graphic content in this area may be changed without prior approval.
B.Â
The exact location, size, type of illumination, structural content, support system, color and design must be clearly and fully set forth in Section II of the sign permit application, except as provided in § 135-8 of this chapter.
C.Â
A fee as set by resolution by the Town Council from time to time must accompany each sign permit application for a multiple use identification sign as set forth in § 135-5C(1) of this chapter, and for each sign described in § 135-4A or B of this chapter. All other sign permits will be charged a fee as set by resolution of the Town Council from time to time, except as provided in § 135-8 of this chapter.
D.Â
All requests for a permit hereunder must be signed by the owner of
the property and/or business owner of that property where the sign
is to be located.
E.Â
An application for a sign permit may be obtained from the Town Manager
or Building Official's office.
B.Â
Signs which are permitted in accordance with § 135-4C of this chapter shall require the submission of an application which must be approved by Town Council. No fee will be required.
D.Â
Signs which are permitted in accordance with § 135-4G and H of this chapter shall not require the submission of an application or a permit, and no fee is required, provided that they shall be in accordance with all other requirements of this chapter, and further provided that the Building Official be advised prior to erection as to location, size and content.
If the Building Official shall find that any sign or other advertising
structure regulated herein is unsafe or insecure or is a menace to
the public or has been constructed or erected or is being maintained
in violation of the provisions of this chapter, he/she shall give
written notice to the permittee. If the permittee fails to remove
or alter the structure so as to comply with the standards herein set
forth within 10 days after such notice, such sign or other advertising
structure may be removed or be made to comply by order of the Building
Official at the expense of the permittee or owner of the property
upon which it is located. The Building Official shall refuse to issue
a permit to any permittee or owner who refuses to pay costs so assessed.
Violators of any provision of this chapter shall, upon conviction,
be subject to a fine of $200. Each day that the violation continues
to exist after written notification by the Town of the violation and
the expiration of the time for compliance of at least 10 days set
forth in the notice shall be a separate offense, subject to the same
penalty for each day the violation continues.
Appeals to the interpretation of this chapter will be made to
the Town Council. The decision of the Town Council shall be final.
