[Ord. 96-7, 6/10/1996, § 1]
BUSINESS SIGN
A sign that directs attention to a business, profession,
activity, commodity, service, product price or entertainment conducted,
sold or offered upon the premises where such sign is located or within
the building to which such sign is affixed.
CONSTRUCTION SIGN
A sign identifying individuals or companies involved in design,
construction, wrecking, financing or development when placed upon
the premises where work is under construction but only for the duration
of construction or wrecking.
DIRECTORY SIGN
A sign which indicates the name and/or address of the occupant,
the address of the premises and/or identification of any legal business
or occupation which may exist at the premises.
GROSS SURFACE AREA
The entire area within a single continuous perimeter composed
of a single face enclosing the extreme limits of characters, lettering,
illustrations, ornamentation or other figures, together with a material
or color forming an integral part of the display or to differentiate
the sign from the background to which it is placed. Structural supports
bearing no sign copy shall not be included in gross surface area;
however, if any portion of the required structural supports become
enclosed for decorative or architectural purposes, that portion will
be included in the total gross surface area of the sign.
LOT
A designated parcel, tract or area of land established by
plot, subdivision or otherwise permitted by law to be used, developed
or built upon as a single unit under single ownership or control.
OFF-PREMISES SIGNS
A sign, consisting of 32 square feet or more of gross surface
area as hereinafter defined, visible from a public way that directs
attention to a business, commodity, service, entertainment, attraction
or subject sold, offered or existing elsewhere than upon the same
lot where such sign is displayed. The term off-premises sign shall
include an outdoor advertising sign (billboard) on which space is
leased or rented by the owner thereof to others for the purpose of
conveying a commercial or noncommercial message.
POLITICAL SIGN
A sign which displays or identifies an individual, individuals,
slate of candidates or political party for a federal, state, county
or local municipal office, and/or a sign supporting, opposing or commenting
upon a referendum issue placed upon the ballot for consideration by
the general voting public in either a primary or general election.
REAL ESTATE SIGN
A sign which is used to offer for sale, lease or rent that
premises upon which such sign is placed.
[Ord. 96-7, 6/10/1996, § 1]
The owner of every lot upon which an off-premises sign is located
within the Township of New Hanover shall be responsible to obtain
an annual off-premises sign license for every off-premises sign located
thereon. The term for the off-premises sign license shall be July
1 to June 30. Every owner shall be responsible to obtain the necessary
license(s) by July 1 of every year.
[Ord. 96-7, 6/10/1996, § 1]
1. Application for an off-premises sign license shall be made upon a
form provided by the Township of New Hanover. The application form
shall require the following information:
A. The name and address of the owner of the lot upon which the off-premises
sign is located.
B. When there is more than one sign on a lot, a description of the off-premises
sign.
C. The gross surface area of the sign.
D. The name and address of the sign operator, if any.
E. The address of or description of the location of the lot where the
off-premises sign is located. The Township of New Hanover shall make
the application form available to the lot owner, but responsibility
for acquiring the application form and obtaining an off-premises sign
license by July 1 remains with the lot owner. A separate application
form must be submitted for every off-premises sign.
[Ord. 96-7, 6/10/1996, § 1]
With the annual application for an off-premises sign license,
the owner shall pay the full amount of the off-premises sign tax,
which shall be calculated by multiplying by $2 the gross surface area,
measured in square feet, of the off-premise sign. The term of the
annual license shall commence on July 1 through June 30 of the following
year. If a new off-premises sign is erected between July 1 through
December 31, inclusive, the full amount of the tax for the year shall
be paid. If a new off-premises sign is erected between January 1 through
June 30, inclusive, one-half of the tax shall be paid.
[Ord. 96-7, 6/10/1996, § 1]
Business signs, construction signs, directory signs, real estate signs and political signs as, defined in §
24-501 of this part, are exempt from the provisions of this part.
[Ord. 96-7, 6/10/1996, § 1; as amended by Ord.
97-7, 10/13/1997, § 24-706; and by Ord. 17-03, 3/27/2017]
1. Notice. The Codes Officer of the Township of New Hanover shall enforce
the provisions of this part. When an owner fails to properly submit
an application by July 1, or within 14 days of erecting a new off-premises
sign, the Codes Officer shall notify the owner by certified mail that
the license application must be submitted within 30 days.
2. Penalty. Any person, partnership or corporation who or which has
violated or permitted the violation of any provision of this part,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, shall pay a judgment of not more that $600
plus all court costs. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by a
magisterial district judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure, at which time, in addition
to any penalties, the violator shall be liable for any attorney's
fees and costs incurred by the Township. Each day that a violation
continues or each section of this part which shall be found to have
been violated shall constitute a separate violation.