Article XIII Signs

To encourage the effective use of signs as a means of communication in the Municipality.

To avoid visual clutter and competition among sign displays in their demand for public attention.

To promote the safety and convenience of pedestrians and motorists.

To minimize the adverse effects of signs on nearby public and private property.

Definitions. The following words and phrases shall have the meanings indicated:

ANIMATED SIGN

A sign or portion thereof involving motion, flashing, blinking, rotating, or varying light intensity to convey an image.

AWNING

A fabric, metal or plastic covering attached to a supportive framework that projects from the exterior wall of a building.

AWNING OR CANOPY SIGN

A sign affixed to or integral with the surface of an awning or canopy.

BANDIT SIGN

An off-premises sign, which generally has less than six square feet of advertising area and made of vinyl, paper, cloth, fabric, polyboard, coroplast, corrugated plastic, poster board, plastic core, cardboard, wood, or plywood, with wood or wire framing, posts, or stakes, and which is:

Posted on a utility pole, street sign, or other street appurtenance; or

CONSTRUCTION OR DEVELOPMENT SIGN

Placed within a public right-of-way, on public property, or on private property such that it is visible from a public right-of-way or public property.

A temporary sign identifying those businesses engaged in construction or development, permitted only while construction by that business is in progress and on the property where construction is taking place.

ELECTRONIC VARIABLE MESSAGE SIGN (EVMS)

A sign or portion of a sign that displays an electronic image, video, or both, which may include text. Such signs include any sign or portion of a sign that uses changing lights to form the sign's message or uses electronic means to change the sign's message. An electronic variable message sign directs attention to an ongoing business, commodity, service, or entertainment conducted, sold, or offered upon the same premises as those upon which the sign is maintained. Electronic variable message signs include but are not limited to signs also known as "electronic variable message boards," "electronic reader boards," "electronic message center signs," "tri-panel message systems," and "commercial electronic-variable message signs (CEVMS)."

FEATHER SIGN

A portable, freestanding sign usually comprised of nylon or a similar material affixed to a light-weighted pole that is installed directly into the ground.

FLASHING SIGN

An illuminated sign on which the artificial or reflected light is not stationary and constant in intensity and color. Any sign which revolves or moves, whether illuminated or not, shall be considered a "flashing sign."

FREESTANDING SIGN

A sign that is not attached to a building and is permanently attached to the ground by one or more supports. Freestanding signs may be mounted directly to a base made of masonry or other materials.

HANGING SIGN

A sign suspended from a simple bracket or arm attached to a building wall with eight or more feet of vertical clearance from the ground. It is used to identify attached or closely spaced shops, restaurants and services businesses. The sign face area does not include the area of the bracket.

OBSCENE SIGN

A sign containing graphic pornography or obscenity or statements, words or depictions that are pornographic or obscene as determined by local standards.

PERMANENT SIGN

A permanent sign is a sign constructed in a manner and of materials that will withstand long-term display and is intended to be displayed for an indefinite period of time.

POLITICAL SIGN

A temporary sign permitted no sooner than 60 days before a contested election for an office of the Town of Frankford, school district, county, state or federal election or referendum and removed no later than 14 days after that contested election or referendum.

PROJECTING SIGN

A sign other than a wall sign, which projects from a structure or building face. An example includes an awning sign.

REAL ESTATE SIGN

A sign that is displayed on private property while such property is offered for sale, rental, or lease.

SANDWICH BOARD SIGN

Any self-supporting A shaped freestanding sign with only two visible sides.

SETBACK

Setbacks are measured from the portion of the sign nearest to the property line.

SIGN AREA

The entire area of a sign that can be enclosed within a single, continuous rectangle, including 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.

TEMPORARY SIGN

A sign that is erected for a time limit not to exceed 30 days, unless an extension of the time limit is granted by the Town Council. The extension shall not exceed 30 days.

WALL SIGN

Any sign which is attached to or painted on any wall of any building and projects from the plane of the wall less than 12 inches.

WINDOW SIGN

A sign installed, attached, drawn, or painted, placed inside or outside upon a window intended to be viewed from the outside.

§ 105-13-2 General.

Placement.

Setbacks. Setbacks are measured from the portion of the sign nearest to the property line.

Height. Height is measured from the portion of the sign which is vertically the farthest from the ground.

Requirements. Refer to Table 13-2, Sign Measurement Requirements for Sign measurement and placement requirements for R, MR, RPC, and LI, and parcels zoned C without frontage along U.S. 113.

Color; interference with traffic safety. A sign must not use color combinations that may be confused with a traffic sign or signal.

Illumination.

Prevention of glare.

Definition. Glare is a direct or reflected light source creating a harsh brilliance that causes the observer to squint or shield the eyes from the light.

Prevention requirement. Any illuminated sign 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.

Interference with traffic safety. A sign must not be illuminated with a pattern or lighting combination that resembles a traffic signal.

Flashing. A sign must not contain or be illuminated by flashing, revolving, or intermittent lights, or lights that change intensity.

Near a residence. Any sign on a lot or parcel within 150 feet of a residential use must be illuminated only during the hours the entity is open for public business.

Structural limitations.

Interference with traffic safety. A sign must not be shaped like a traffic sign or traffic signal, or use wording similar to traffic signals, or interfere with traffic safety.

Shaped like humans or animals. A sign must not be shaped to resemble any human or animal form, but must conform to a geometric shape.

Wind-activated. A sign must not be set in motion or powered by wind.

Moving parts. A sign must not have moving parts.

§ 105-13-3 Permitted signs.

Sandwich board signs. Sandwich board signs shall only be permitted for parcels zoned C General Commercial or NB Neighborhood Business.

The total sandwich board sign shall be no larger than 36 inches in width and 48 inches in height and be constructed of durable materials such as wood, metal, plastic, chalkboard or other durable material as approved by the Code Enforcement Officer. The height of such signs may not be artificially increased above the allowed maximum by placing material underneath the base of such sign.

No more than one sandwich board sign per business. When two or more businesses occupy one building with common building entrances, they shall be considered one business for sign consideration purposes.

A sandwich board sign shall be placed no closer than 10 feet to another such sign and cannot block parking spaces, doors or any required ADA routes.

Sandwich board signs shall not be placed in the following areas:

Public right-of-way;

In any parking space or drive aisle;

Interfere with any utilities or other facilities such as fire hydrants; street signs, parking meters, mailboxes or benches located on the sidewalk.

Sandwich board signs:

Can only be used during the hours when the business is open to the public and must be brought in at the close of business;

Shall not obstruct vehicular sight distance;

Shall not contain materials such as papers, balloons, windsocks, foil, mirrors, bare metal or other reflective materials, objects that swing, rotate, twirl or contain any moving parts;

Shall not contain lights of any kind.

Projecting signs. Projecting signs shall include any sign which is attached to a building and extends into the required setback area for the building. Projecting signs are subject to the following:

Projecting signs shall only be permitted for parcels zoned NB Neighborhood Business;

No projecting sign shall project or extend more than five feet into a required building setback;

No projecting sign shall be permitted which obstructs or interferes or in any way becomes a hazard to the orderly movement of pedestrians and/or vehicular traffic;

No projecting sign shall exceed in thickness 12 inches measured between the principal sides of any projecting signs;

Any projecting sign or part thereof, placed above a sidewalk, public way, etc., shall be a minimum of eight feet from the bottom of the sign to the walking surface or public way and no part thereof may extend beyond the roofline at any point; and

(6)

No projecting sign shall exceed 24 square feet on any single face, or a total of 48 square feet.

Temporary signs.

Real estate, development, and construction signs.

Where allowed, real estate, development and construction signs may be erected in any zone.

Display period. Real estate, development and construction signs may be displayed while a property is being offered for sale, while land is being developed, and while construction is taking place.

Removal. Real estate, development and construction signs must be removed within 30 days of the sale of a property, the completion of a land development project, or the termination of an individual's construction activity.

Materials. Real estate, development and construction signs must be made of materials sufficiently durable for the time that they are displayed.

Construction signs. Temporary construction sign identifying those businesses engaged in construction, with a maximum total area of 32 square feet, minimum setback of 10 feet from the front property line, maximum height of five feet, and nonilluminated. One sign is permitted per business, with a maximum of four total construction signs, and only while construction by that business is in progress and on the property where construction is taking place; however, the maximum total sign area for all such signs on the project's property shall not exceed 64 square feet. Projects requiring more than four construction signs can submit a waiver request to the Town Administrator.

Political signs.

No artificially illuminated signs of any type are allowed;

Size is limited to four square feet per side;

Signs must be freestanding;

Shall be placed only on private property with permission of the property owner in writing;

No more than one sign per candidate or referendum is allowed per lot;

(f)

No sign shall be placed closer than 25 feet to an intersection;

(g)

No signs shall be erected in a right-of-way;

(h)

No permit is required.

Feather signs.

Feather signs may be erected in any zone;

Signs may be displayed for temporary advertising purposes for special events, special promotional purposes, temporary sales, and grand openings for new commercial or retail businesses;

Up to a maximum of four total feather signs, and only while the special event or promotion is taking place;

Signs shall be placed in a manner as to ensure pedestrian safety;

§ 105-13-4 Permitted signs in C General Commercial along U.S. Route 113.

Signs shall not be more than 12 feet in height, or greater than 36 inches in width;

(f)

Signs shall be set back a minimum of 10 feet from the front property line;

(g)

No feather flag sign shall be permitted to become tattered, torn or faded.

Types and maximum number of signs; regulations. There shall be permitted a maximum of two signs in total per business unit or other nonresidential unit from the following sign classifications:

Table 13-1. Sign Regulations for Signs in C General Commercial District
Sign Type	Number	Size/Area	Location
Wall signs	1 per business unit or other nonresidential unit per street frontage.	Shall not exceed two square feet of sign area for every linear foot of length of the wall on which the sign is to be displayed. Total sign area shall not exceed 24 square feet.
Awning or Canopy signs		The total sign area shall not exceed one square foot for every 2 linear feet of the wall upon which the awning or canopy is located, provided that total maximum area of any such sign shall not exceed 24 square feet. Sign lettering and design shall be affixed flat to the surface of the awning or canopy. Only the copy area of the sign shall be considered in any square-foot limitations. When an awning or canopy sign covers multiple store fronts, each store shall be permitted 1 copy area, not to exceed 80% of the individual store front.
Freestanding signs	1 per lot or parcel, except where a street frontage exceeds 300 continuous linear feet, in which case, 2 signs shall be permitted along that frontage.	The sign area shall not exceed 32 square feet per sign.	Signs shall be located at least 10 feet from any property line. Signs shall not be higher than 16 feet from the grade.
Window signs	1 per business	Area is not to exceed 1/2 the total area of the window in which it is posted, and a maximum possible area of 6 square feet.
Sandwich boards	1 per business	Shall not exceed 24 inches in width or 36 inches in height.	Sandwich boards are prohibited in the public right-of-way and must be placed on private property.
Reader boards	1 per property or business is permitted.	Maximum sign area is 10 square feet per site with a total sign area not to exceed 20 square feet.	The sign shall either be mounted on a wall or a freestanding sign
Construction signs	A maximum of four construction signs (1 sign per company) are permitted per job site	Size of each sign shall not exceed 16 inches by 18 inches or a maximum of two square feet, including the sign frame.	Maximum sign height measured from the top of the sign to ground elevation is 30 inches.

§ 105-13-5 Signage in Neighborhood Business District.

A comprehensive sign program is required for the entire Neighborhood Business District, which establishes a uniform sign theme. The sign program shall be approved as part of the final plan approval.

Signs shall share a common style (e.g., size, shape, material).

Sign materials should be durable, attractive and coordinated with materials used on the primary structure(s).

Hanging signs shall be mounted perpendicular to the building face and shall not exceed eight square feet.

Projecting signs shall only be permitted for parcels zoned NB Neighborhood Business, and are subject to regulations under § 105-13-3B.

Wall signs shall not exceed one square foot of sign area for every linear foot of length of the wall on which the sign is to be displayed. The total sign area shall not exceed 24 square feet. One sign per street frontage is permitted.

§ 105-13-6 Electronic variable message sign (EVMS).

Electronic variable message signs (EVMS) shall only be permitted for parcels zoned C General Commercial with frontage on U.S. Route 113, parcels zoned NB Neighborhood Business, and for parcels zoned R Residential that are utilized by one of the following institutional use types: municipal building, house of worship, school, public library, or funeral home. Under no circumstances shall any residential use permitted in the NB District be allowed to install an EVMS with the exception of hotels and motels. Under no circumstance shall a single-family dwelling or any other permitted use included in § 105-7-6 and located within the R Residential district not listed above be allowed to install an EVMS.

One reader board per Unit is permitted on a wall, ground or monument sign; provided, however, that such reader board shall conform to and not exceed the maximum number and size of signs permitted in the district in which the Unit is located. An electronic variable message reader sign or board (EVMS) is subject to the following specifications:

Nonresidential units may substitute an electronic variable message sign in lieu of other permitted monument, ground or wall signs. Such EVMS shall be further subject to the standards of this subsection.

Except for public emergency announcements, the message displayed on the EVMS shall be static and non-animated and shall not be changed more than once in any given twelve-hour time period. In the event of a public emergency, announcements may scroll continuously until the public emergency message is no longer necessary.

A public emergency announcement is limited to weather related emergencies, national and local security events, Amber Alerts, and the like. It is not intended to permit scrolling messages, including but not limited to, schools, churches, civic groups for social events, annual meetings, National Fire Safety Week, time to change smoke and fire detector batteries, and other similar messages.

For C: The EVMS shall be limited to two feet by 12 feet per 20 foot linear front footage of a unit and shall not exceed a maximum of 200 square feet. For NB and R uses listed in § 105-13-6A: The EVMS shall not exceed a maximum of 18 square feet.

Lighting of such reader board shall be LED lighting using the color red.

(6)

The applicant for the EVMS permit shall certify in writing to the Town that the message, except for public emergency announcements, to be displayed on the sign shall remain static and shall not flash or scroll at any time and that the message will remain unchanged for at least 12 hours at a time.

§ 105-13-7 Prohibited signs.

General.

Definition. A prohibited sign is one that cannot be erected or maintained.

The Board of Adjustment is not authorized to grant a variance permitting the erection of a sign that this article prohibits.

List of prohibited signs.

Obstructive signs. A sign must not be placed in a location that obstructs the view of traffic signs, traffic signals, oncoming traffic, pedestrians, or that interferes, in any way, with placement or function of any traffic control device.

Roof signs. A sign mounted on the roof of a building or that is dependent upon a building for support but projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel gable, or hip roof, or the deck line of a building with a mansard roof.

Unsafe sign. A sign which creates a safety hazard due to structural or electrical conditions, or by reason of inadequate maintenance. A sign that becomes unsafe after erection must be repaired to meet safety requirements or removed within 30 days of notice of the unsafe condition.

Moved by the wind. A sign in the form of a banner, pennant, streamer, ribbon, spinner, balloon, string of lights, or other device which will move in the wind.

Signs in the public right-of-way. Generally, signs may not be placed in public rights-of-way. Exceptions to this regulation are signs erected by any governmental agency or utility company in the performance or its official public duties.

(6)

Attached to the property of others. A sign must not be attached or affixed to a structure or property such as a fence, wall, antennas, other signs, trees or other vegetation, or to any public structure such as a utility pole without permission of the owner.

(7)

Abandoned or obsolete sign. 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.

(8)

Off-site sign (billboard). A sign directing attention to a business, commodity, service, or entertainment conducted, sold, ordered at a location other than the premises on which the sign is located.

(9)

Obscene sign. A sign containing graphic pornography or obscenity or statements, words or depictions that are pornographic or obscene as determined by local standards.

(10)

Animated sign. A sign or portion there of involving motion, flashing, blinking, rotating, or varying light intensity to convey an image.

(11)

Off-premises electronic variable message signs which direct attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is maintained.

§ 105-13-8 Exempt signs.

Definition. An exempt sign is a sign that is not required to comply with the size, location, and number standards of this Article, but it must comply with the applicable provisions governing Prohibited Signs.

List of exempt signs.

Two square feet or less.

Residential living sign: a sign on private property customarily associated with residential living or decoration.

Newspaper and mailbox: a sign that is part of a mailbox or a newspaper tube and conforms with applicable government regulations.

Warning signs: a sign warning the public about trespass, danger, or safety considerations.

Regardless of size.

Not visible outside of property: a sign not visible beyond the property lines of the property on which the sign is located.

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.

Required by law: a sign whose display is required by law or regulation.

Flags on flagpoles: a flag displayed on a flagpole.

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 like a cornerstone, memorial, plaque or historical marker.

(f)

Part of dispenser: a sign that is an integral part of a dispensing mechanism, such as a beverage machine, newspaper rack, or gasoline pump.

(g)

Holidays: a sign, including lighting in accordance with applicable electrical requirements, displayed in connection with the observance of any holiday, provided that it must be removed within 20 days following the end of the holiday.

(h)

Adornments and decoration.

§ 105-13-9 Non-conforming signs.

See Article V, Nonconforming Situations.

§ 105-13-10 Administration.

Sign permits.

A sign permit shall be required to erect, alter, display, relocate or replace any sign or mural, except as otherwise exempted.

Application for a permit to erect, install, alter, display, relocate or replace a sign is to be made by the owner, tenant, or lessee of the property on which the sign is to be located, or by the authorized agent, Delaware-licensed contractor, or registered architect or engineer. Before any permit is issued, an application provided by the Town of Frankford shall be filed, together with two sets of drawings and specifications (one to be returned to the applicant) as may be necessary to fully advise and acquaint the Town Manager/Administrator or their representative with the location, construction material, manner of illuminating and/or securing or fastening, and number of signs applied for and the wording of the sign or advertisement to be carried on the sign.

Upon approval of the application and before issuing the sign permit, a permit fee in an amount determined by Town Council shall be paid.

All signs shall be erected on or before the expiration of six months from the date of issuance of the permit; otherwise, the permit shall become null, and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with a permit number.

Temporary permits for special event signs. Notwithstanding any other provision of this article, any property owner, tenant or other entity in legal possession of any real property in the Town may apply to the Town Administrator for a temporary permit to display a sign in connection with a special event, subject to the following:

A "special event" shall, for purposes hereof, mean an event of temporary and limited duration and shall include, by way of example and not in limitation, yard sales, garage sales, carnivals, circuses, sidewalk sales, special promotions and public events.

Permits granted hereunder shall be limited to no more than two temporary signs per parcel and shall generally be limited to the duration of the event and not exceed seven days, consecutive or nonconsecutive; provided, however, that, depending upon the nature of the event and the purpose and location of the temporary sign, such as a sign advertising the grand opening of a business, a longer period, not exceeding 21 days, consecutive or nonconsecutive, may be approved in the exercise of the Town Manager/Administrator's reasonable discretion.

No temporary permit shall be issued for any sign hereunder which exceeds 2,160 square inches (15 square feet), which is illuminated by animated, revolving, flashing or moving lights, which is, itself, animated, revolving or moving or which utilizes reflectors or sound devices, nor shall any such permit be granted for an illuminated sign in any district. In the event two temporary signs are located on one parcel, the total size of both signs combined cannot exceed the limitation of 2,160 square inches (15 square feet) hereby placed.

Application procedure. Applications shall be submitted to the Planning and Zoning Commission.

Enforcement.

If the Town Manager, Town Administrator, or authorized representative determines that any sign regulated by this article is unsafe or constitutes a hazard to the public, such as obstructing vision of vehicle drivers or pedestrians, or has been constructed, erected, or maintained in violation of the provisions of this article, the building official may remove the sign or require its immediate removal.

After due notice has been given as provided below, the Town Manager/Administrator or their representative may cause to be removed, at the owner's expense, any sign which shows gross neglect or becomes dilapidated, or which may threaten public safety.

The Town Manager/Administrator or their representative shall remove or cause to be removed, at the owner's expense, any sign, other than a bandit sign, erected or maintained in conflict with these regulations, if the owner of either the site or the sign fails to correct the violation within 30 days after receiving written notice from the Town Manager/Administrator. Removal of a sign shall not affect any proceedings instituted prior to removal of such sign.