[Added 8-28-2006]
A. 
Purpose.
(1) 
Encourage the effective use of signs as a means of communication in the Town.
(2) 
Avoid visual clutter and unsightly displays.
(3) 
Promote the safety and convenience of pedestrians and motorists.
(4) 
Minimize the adverse visual effects of signs on nearby public and private property.
B. 
Applicability.
(1) 
A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with this chapter. Signs erected in any manner not in conformance with this chapter shall be considered illegal and shall be subject to the removal provisions and punitive sanctions of this chapter and this Code.
(2) 
By agreement of property owners in private developments, subdivisions, and residential complexes, an owners' association or similar regulatory body may promulgate and enforce sign regulations within that private community. In the event any such regulation is in conflict with any provision of this chapter or Code, the more stringent regulation shall apply within that community. The Town shall not enforce the private sign provisions of such community, but the provisions of this chapter shall be enforced within such community.
C. 
Definitions. The following words and phrases shall be interpreted and construed in accordance with the definitions noted. Any word not defined in this subsection shall be deemed to have its common meaning as found in a standard dictionary.
ADVERTISE
To advise, announce, apprise, command, give notice of, inform, make known, publish or call to the public attention by any means whatsoever.
ADVERTISEMENT
Notice given in a manner designed to attract public attention. Information communicated to the public or to the individual concerned, including, but not limited to, handbills, newspapers, television, billboards, and radio.
ANIMATED SIGN
Any sign that displays letters, words, characters or symbols, which are not stationary.
AWNING
A fabric, metal or plastic covering attached to a supportive framework that projects from the exterior wall of a building.
[Amended 7-16-2018]
AWNING OR CANOPY SIGN
A sign affixed to or integral with the surface of an awning or canopy.
BALLOON SIGN
A sign composed of an inflatable, nonporous bag.
BANNER SIGN
A sign made of fabric, plastic or other nonrigid material without an enclosing structural framework.
BILLBOARD
A sign that advertises an establishment, project, service, space or activity that is located elsewhere than upon the lot or premises on which the sign is located. (Also defined as "off-premises sign.")
BUILDING CODE
The current code or codes in effect in the Town, that govern(s) the erection, alteration, maintenance and removal of structures, including all structures not specifically exempted from the provisions thereof.
CANOPY
A fabric, metal or plastic covering attached over a rigid structure. Canopies are detached from buildings.
[Amended 7-16-2018]
COMMUNITY SIGN
Any permanent sign that identifies any residential community, subdivision or facility.
CONSTRUCTION SIGN
A sign that identifies the owners, financiers, contractors, architects, engineers or tenants of a project under construction.
DIRECTIONAL SIGN
A sign displaying only the name and location of essential services located within the Town of Dagsboro.
ELECTRONIC MESSAGE BOARD SIGN
An electronically activated sign with message content, either in whole or in part, that may be changed by means of electronic programming. Such signs shall include those displaying time, date, and temperature and may convey messages of a municipal, emergency or commercial message, provided compliance with the provisions of § 275-74F.
[Added 7-28-2014]
ESSENTIAL SERVICES
Services provided for the health, safety, or general welfare and convenience of the public. These services are provided by public utilities, municipal departments and commissions, as determined by the Town Council.
FLAG
A fabric or similar material that is mounted onto a pole on one edge. A flag may be:
(1) 
Governmental: a symbol of a recognized government or related entity;
(2) 
Decorative: consisting of patterns and colors without messages; or
(3) 
Commercial: conveying information relevant to the operation of a business or items for sale.
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 permanent detached sign that is not attached to a building. Freestanding signs include pylon, post, or monument signs.
GOVERNMENT SIGN
A temporary or permanent sign erected by the Town of Dagsboro, Sussex County, or the state or federal government, including temporary signs as necessary in conjunction with the improvement of public infrastructure.
GRADE
A gradient or slope which shall be determined by the height from the center of a road and shall be adjusted to consider exceptional topography.
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.
[Added 7-16-2018]
IDENTIFICATION SIGN
A sign that lists the name and/or address of the occupant or business entity occupying the premises on which the sign is located.
ILLUMINATED AWNING SIGN
Any sign that is a part of, or is attached to, an illuminated awning.
INCIDENTAL OR DIRECTORY SIGN
An informational sign that gives directions or instructions for use of the parcel or lot on which it is located, such as "no parking," "entrance," "exit," "loading only," etc.
INDIRECTLY ILLUMINATED SIGN
A sign whose illumination is derived from an external artificial source.
INSTRUCTIONAL SIGN
A sign conveying instructions with respect to the premises on which it is maintained, such as "no trespassing," "danger," etc.
MARQUEE
A covered structure erected over a doorway, or doorways, as protection from the weather. The structure has an individual roof and is supported by, and projects from, the building on which it is mounted.
MARQUEE SIGN
A building sign that is part of a permanent entryway or entry canopy and traditionally associated with theaters. A marquee includes a projecting vertical sign, which may extend above the cornice line of a building.
[Amended 7-16-2018]
MENU SIGN
A sign designed for, and used at, drive-through restaurant facilities.
MONUMENT SIGN
A freestanding sign that is affixed to a base that is equal to or wider than the sign itself. Such signs shall be situated so as to have the longer dimension oriented horizontal, and to have the shorter dimension oriented vertical.
MULTIFACED SIGN
A sign with two or more facings.
MULTIFAMILY BUILDING STRUCTURE
A structure of two or more residential units.
MURAL
A design or representation, painted or drawn on a wall, that does not contain promotional or commercial advertising; any wall decoration without lettering.
NONCOMMERCIAL SPEECH SIGN
Any sign containing a political, philosophical, religious or other public-interest message not used for commercial purposes and not made in furtherance or promotion of a commercial product, service, enterprise or political candidate. Political signs are not included in this sign classification.
OFF-PREMISES SIGN
A sign that advertises an establishment, project, service, space or activity that is located elsewhere than upon the lot or premises on which the sign is located. (Also defined as "billboard.")
ON-PREMISES SIGN
A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as that upon which the sign is maintained.
OPEN/CLOSED SIGN
An informational sign to be used by a Town-licensed business in order to designate if the business is open or closed. This sign may be of any form (i.e., hanging sign, window sign or flag) and must follow the sign limits iterated in its definition.
[Added 7-16-2018]
PERMANENT SIGN
A sign which has a permanent location on the ground or which is attached to a structure having a permanent location and which meets the structural requirements for signs as established in the Building Code.
PERMITTEE
A person holding a valid permit.
POLITICAL SIGN
Any sign used in connection with an official Town of Dagsboro, school district, county, state or federal election or referendum.
PORTABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T frames; a sign or sandwich board designed to be carried by a person and signs attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations of the business and is not parked at location of business for over 48 hours consecutively.
PROJECTING SIGN
A sign attached to a building face and perpendicular to the building wall.
[Amended 7-16-2018]
PROMOTE
To contribute to growth, enhancement or prosperity of; to forward; to further; to encourage; to advance.
READER BOARD
A permanent sign with movable letters, words or numerals.
REAL ESTATE SIGN
A sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.
RESIDENTIAL LIVING SIGN
A decorative or informative sign, placed in front of a dwelling, which bears information about the building(s) or resident(s) who dwell on that lot/parcel. Examples of such signs include but are not limited to: resident's last name, year building was erected and street number.
ROOF SIGN
A sign erected on a roof that extends above the eaves of the building or above any vertical wall of a structure.
SALE/GRAND OPENING SIGN
An attached on-premises sign made of nonrigid materials designed and displayed for brief activities, such as sales, promotions and grand openings.
[Added 7-16-2018]
SANDWICH BOARD SIGN
A portable, two-sided, freestanding sign constructed in such a manner as to form an "A" or tent-like shape.
[Added 7-16-2018]
SETBACK
An open space on the same premises with a sign or signs, which lies between the nearest edge of the sign or signs and the nearest street line or property line.
SIGN
A structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction.
SIGN AREA
The entire area of the letters, figures, designs and area of 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.
SPECIAL EVENT
An event of temporary or limited duration, including, but not limited to, yard sales, garage sales, carnivals, circuses, sidewalk sales, special promotions and public events.
STREET LINE
A dividing line between a lot, premises or tract of land and a street, road, highway, court, place, square, lane or way set aside and used as a right-of-way for common street ingress or egress purposes. For the purposes of this chapter, street frontage shall be measured along the street line.
TEMPORARY SIGN
A sign that is erected for a time limit not to exceed two weeks, unless an extension of the time limit is granted by the Town Council.
UNIT
A single residential dwelling or a single commercial/business premises.
VIDEO BOARDS
Animated video display on an electronic sign of moving objects, flashing images and figures in continuous video format.
[Added 7-28-2014]
WALL SIGN
A single-faced sign painted or attached directly to and parallel to the exterior wall or window of a building, and does not project more than 12 inches from the wall.
WINDBLOWN DISPLAYS
Any banner, flag, pennant, spinner, streamer, moored blimp, inflatable streamer or balloon, whether or not conveying a message through the use of words, letters or symbols. In the case of a string of pennants, flags, etc., each string shall be treated as one windblown display.
WINDOW DISPLAY
An arrangement of merchandise, including graphics, that is displayed in a building window. Provided that the display is located more than 12 inches back from inside the window, the display is not considered a sign.
[Added 7-16-2018]
WINDOW SIGN
A sign installed, attached, drawn, or painted, placed inside or outside upon a window intended to be viewed from the outside.
[Amended 7-16-2018]
A. 
The following signs are permitted in all districts and do not require a permit:
(1) 
Government, utilities and safety/warning signs.
(a) 
Highway and street signs erected by state, county or municipal agencies. These signs are erected for the purpose of giving directions, or as a result of construction projects.
(b) 
Utilities signs: used by a public utilities official in the performance of his official duties. The signs are erected to control traffic or warn of a dangerous condition.
(c) 
Warning signs: a sign warning the public about trespass, danger or safety considerations.
(d) 
Signs advertising Town Council-sponsored events and charitable or nonprofit events.
(2) 
Historic markers placed under the authority of local, state or federal government.
(3) 
Measuring two square feet or less in total area:
(a) 
Residential living signs.
(b) 
Newspaper or mailbox signs that are a part of a mailbox or a newspaper tube and conforms to applicable government regulations.
(4) 
Flags of any nation, state, city, educational institution, or nonprofit organization.
(5) 
A sign whose display is required by law or regulation.
(6) 
Commemorative sign: a sign that is cut into the masonry surface or constructed of bronze or other material and made an integral part of a structure, indicating the origin, originators and date of the structure.
(7) 
Noncommercial speech signs, subject to the following:
(a) 
Not more than one sign per parcel of property.
(b) 
Shall not be an illuminated sign.
(c) 
The total area shall not exceed four square feet.
(d) 
Shall be no larger in overall height than three feet from the grade.
(e) 
Shall not obstruct visibility at road intersections.
(8) 
Political signs, subject to the following:
(a) 
Shall not be displayed more than 45 days before, and must be removed three days after, the official election to which the sign pertains.
(b) 
Shall be no larger than four square feet in area.
(c) 
Shall be placed only within the boundaries of a parcel or lot with permission of the property owner.
(d) 
Shall be no higher in overall height than three feet from the grade.
(e) 
Shall not obstruct visibility at road intersections.
(f) 
Shall not be illuminated directly or indirectly.
(9) 
Real estate signs subject to the following provisions:
[Amended 7-16-2018]
(a) 
One real estate sign not exceeding four square feet, offering an individual home, apartment, or unit for sale or rent shall be permitted.
(b) 
A subdivision or residential community offering multiple homes, lots or units for sale may have one double-sided real estate sign not to exceed 32 square feet per public street frontage.
(c) 
Any residential or commercial property with more than 100 feet of linear street frontage may have one double-sided real estate sign, not exceeding 32 square feet per public street frontage.
(d) 
Shall be placed only on the parcel or lot being advertised for sale.
(e) 
Shall be no higher in overall height than eight feet from grade.
(f) 
Shall be removed within 10 days after closing the sale, lease or rental of the property.
(g) 
Off-premises signs intending to advertise property or to direct traffic to a property or subdivision are not permitted.
(h) 
Shall not obstruct visibility at road intersections.
(i) 
Shall not be illuminated directly or indirectly and shall not use fluorescent materials to simulate illumination.
(10) 
Open/closed signs subject to the following provisions:
[Added 7-16-2018]
(a) 
Only one "Open" or "Closed" sign shall be displayed at a time on the premises of a legitimate, licensed business.
(b) 
Open/closed sign shall not exceed 15 square feet.
(c) 
Shall not obstruct visibility at road intersections.
(d) 
Shall not be illuminated directly or indirectly and shall not use fluorescent materials to stimulate illumination.
(e) 
Open/closed signs will not be counted towards the overall allowable number of signs or allowable sign area per business.
B. 
Exemption from regulations.
[Added 3-20-2017]
(1) 
Signage proposed by the Dagsboro Volunteer Fire Department for the specific and singular purpose of identifying its facility shall be exempt from the provisions of this chapter, provided that the plans and specifications for such signage be presented to and approved by the Town Council at a regularly scheduled meeting.
A. 
Sign permits.
(1) 
A sign permit shall be required to erect, install, alter, display, relocate or replace any sign or mural, except as otherwise exempted.
(2) 
Application for 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. The application is to be made in writing to the Town on forms furnished by the Town and shall be signed by the applicant. The application shall state the address, site of installation, and estimated cost of the work and fully describe the sign according to the definitions and specifications of this chapter.
(3) 
Upon approval of the application and before issuing the sign permit, a permit fee of $50 shall be paid.
(4) 
If the permittee, at any time, fails to comply with the provisions of this chapter or does not provide the approved drawings, specifications and details, or fails to comply with any written directions of the Code Enforcement Officer, the Code Enforcement Officer may suspend or revoke the permit seven days after notice has been provided to the permittee.
B. 
Temporary permit requirements.
(1) 
Temporary signs, commercial flags and/or banners placed within Town limits for special events, holidays, public demonstrations, commercial promotions or promotion of civic welfare or for charitable purposes shall require a temporary permit. No fee shall be paid for a temporary sign permit unless subsequently determined by the Town Council.
(a) 
Town Council will consider the size of the proposed sign, flag or banner in relation to the location and zoning of the area in which it is proposed for placement.
(b) 
Permits granted hereunder shall generally be limited to the duration of the event and shall not exceed seven days. Consideration shall be given to the nature of the event, and the purpose and location of the temporary sign, flag or banner; a longer period of time may be approved.
(c) 
Signs, flags or banners authorized by a temporary permit shall be removed immediately upon the completion of the event.
(2) 
Incidental signs are permitted subject to the following provisions:
(a) 
Shall not exceed three square feet in area and four feet in overall height from grade.
(b) 
Shall be limited to the identification of functions such as traffic control, loading areas, and entrance, exit and security system signs.
(c) 
Signage with the recognized international symbol of accessibility or van accessibility is permitted and shall be in accordance with the requirements and recommendations of the American Disabilities Act (ADA).
(3) 
Not more than three temporary sign permits will be granted in any calendar year for any one lot or parcel.
A. 
Prohibited signs in all districts:
(1) 
Signs employing any light that flashes, moves, oscillates or varies intensity, except time-and-temperature indicators.
(2) 
Animated signs.
(3) 
Signs that produce noise or sounds or emit visible smoke, vapor, particles or odor or contain iridescent material to simulate reflections or illumination.
(4) 
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.
(5) 
Signs located in a position that causes them to obstruct a motorist's view of other vehicular or pedestrian traffic.
(6) 
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.
(7) 
Signs attached to any vehicle or trailer parked primarily for display purposes.
(8) 
Signs located within any right-of-way unless otherwise permitted by this chapter.
(9) 
Pennants, flags, streamers, balloons, blimps or banners displaying a commercial message, except as temporary advertising signs which have been issued a temporary sign permit.
(10) 
Structural walls used for advertising or directing attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than upon the premises on which the building sits.
(11) 
A sign erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
(12) 
A wall sign that extends above the eaves of a building, or beyond the corner of the wall to which it is affixed.
(13) 
Roof signs.
(14) 
Billboards or off-premises signs.
(15) 
No unregistered or inoperative vehicle or trailer body shall be used as a sign.
(16) 
Obscene signs: signs containing graphic pornography or obscenity or statements, words or depictions that are pornographic or obscene as determined by local standards.
(17) 
Any new sign that is not specifically permitted by the provisions of this article is prohibited.
A. 
General provisions.
(1) 
Any sign and/or supporting structure which advertises or identifies a closed or abandoned business shall be removed by the owner of the property or the person having beneficial use of the property upon which the sign is located within 60 days after the business closes. After the sixty-day period, the Code Enforcement Officer may remove the sign, provided that the owner has been issued 10 days' notice of the violation, in writing, by the Code Enforcement Officer.
(2) 
No tree, light pole, utility pole or supporting member of a building shall be used for the placement of any sign except as otherwise provided in this article.
(3) 
All signs for home occupations, bed-and-breakfast establishments or professional offices located in a residential district or the residential/commercial downtown district, if lit, shall only be externally illuminated.
(4) 
A sign accessory to a nonconforming use or structure shall conform to the provisions of the zoning district in which the nonconforming use or structure is located.
(5) 
All signs shall be maintained in good repair: free of peeling paint or paper, faded colors, staining, rust or other conditions that impair the legibility of such sign, and all supports, braces, guys and anchors shall be maintained in a manner that will not cause a hazard to the public.
(6) 
No sign shall be placed in, upon, or over any public right-of-way, alley, or other public place, except as may be otherwise permitted by this chapter, and unless the Town Council issues a permit. If a permit is granted for a sign in a public right-of-way or alley, the sign must maintain a minimum height clearance of 12 feet from the bottom of the sign to the ground.
(7) 
All signs shall comply with the Building and Electrical Codes adopted by the Town of Dagsboro. Illuminated signs requiring electrical connections shall be required to use underground wiring for all exterior connections.
(8) 
All externally illuminated signs shall utilize an enclosed lamp design or indirect lighting from a shielded source in a manner that prevents the light from shining onto traffic or adjacent residential property.
B. 
Sign area measurement. The sign area is the entire portion of the letters, figures, designs, and area illumination, together with any material and color forming an integral part of the background of the display or used to differentiate the sign from the background 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.
(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. The area of a sign with more than one face or plane is measured as follows:
(a) 
General. 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.
(b) 
Parallel faces. A parallel sign is one whose faces are equidistant from one another at all points. When the faces are less than two feet apart, the sum of both faces is used in the computation of sign area. When the faces are more than two feet apart, the sum of both faces and sides is used in the computation of sign area.
(c) 
"V" shaped. The area of a two-sided sign constructed in the form of a "V" is calculated by the same method as parallel faces if the angle of the "V" is less than 30° and the distance between the sides does not exceed five feet at any point. If the angle is equal to or greater than 30° or the distance between the two sides is greater than five feet, the sum of all the planes will be used in the computation of the sign area, unless the applicant demonstrates that only one side of the sign will be visible from any single vantage point.
C. 
Placement.
(1) 
Setbacks. Setbacks are measured from the portion of the sign nearest the property line.
(2) 
Height. Height is measured from the portion of the sign that is vertically farthest from the ground.
D. 
Structural limitations.
(1) 
A sign shall not be shaped like a traffic sign or signal, or use wording similar to traffic signs, or interfere with traffic safety.
(2) 
A sign shall not be shaped to resemble a human or animal form.
E. 
Nonconforming signs; unsafe signs.
(1) 
Every permanent and legally valid sign existing at the time of adoption of this chapter which does not conform to the height, size, area, or location requirements of this chapter is hereby deemed to be a continued legal nonconforming use, provided that upon change of ownership, change of licensee, closure of the business advertised for a time period of in excess of 60 days, or upon substantial repair or maintenance to more than 50% of the total area of the sign, such signs shall be brought into compliance with the current sign ordinance.
(2) 
Removal of unsafe or nonconforming signs.
(a) 
If the Code Enforcement Officer determines that any sign regulated by this chapter 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 chapter, the Code Enforcement Officer may remove the sign or require its immediate removal. Failure to comply with a notice of violation by the Code Enforcement Officer shall be deemed a violation, punishable by a fine of $500.
(b) 
Any sign placed or erected on any public street, alley, or right-of-way, or other public place, where it is not specifically permitted by this chapter, shall be deemed an unlawful sign, and the Code Enforcement Officer may remove such sign. Such removal may be without written or other notice to the owner, lessee or person occupying the property.
(c) 
In the event that any sign be removed by the Code Enforcement Officer, the owner of the property on which the sign was located shall be responsible for the cost of the removal.
[Amended 11-16-2009]
In the R - Residential and MR - Medium-High Density Residential Districts:
A. 
Permitted signs:
(1) 
Signs permitted in §§ 275-69 and 275-70 of this chapter are permitted in these districts.
(2) 
Community signs and residential living signs and fixed symbols, in conjunction with residential usage such as mailbox signs, names of residences and house/unit numbers, not in excess of two square feet.
(3) 
Except for signs listed in Subsection A(1) and (2), no signs shall be displayed from the interior of any structure so as to be plainly visible from outside the structure.
(4) 
A maximum of two freestanding signs per entrance, not greater than 15 square feet for any school, church, residential subdivision, multiple-family complex having six or more units, or other institution permitted in residential districts.
(5) 
Incidental or directory signs for multiple-family complexes having six or more units or nonresidential uses:
(a) 
One per multifamily structure.
(b) 
Size shall be no greater than 12 square feet.
(6) 
Signs for permitted home occupation, professional offices, and bed-and-breakfast establishments.
(a) 
One freestanding sign:
[1] 
Not exceeding three square feet in area;
[2] 
Not exceeding four feet in height from grade level;
[3] 
Located not less than 10 feet from the public right-of-way; or
(b) 
One identification sign:
[1] 
Not exceeding three square feet in area;
[2] 
Affixed flat against a structure; or
(c) 
One projecting sign:
[1] 
Not exceeding three square feet in area;
[2] 
Placed so that it does not impede visibility of vehicular traffic; and
(d) 
One directional sign not to exceed two square feet in area.
(7) 
Standards for approval:
(a) 
A sign shall be consistent with the architectural features of the building on which it is placed.
(b) 
Location. Signs shall be located at least 10 feet from any property line.
(8) 
Windblown displays may be flown or displayed in residential districts, provided that:
(a) 
No windblown display erected within the Town shall be permitted to carry a commercial message in conjunction with a commercial use or activity occurring on any other location.
(b) 
Where flown or displayed upon any lot upon which a nonconforming commercial use or permitted business activity is occurring, the following restrictions shall apply:
[1] 
No more than two windblown displays per lot or unit may be flown or displayed at the same time.
[2] 
No windblown display shall exceed 15 square feet in area.
(c) 
Only flags of sovereign nations, states, counties, or municipalities may be illuminated by any conventional means, and:
[1] 
All such illuminated flags shall be flown or displayed from the same flagpole, staff or similar device.
[2] 
Revolving, flashing, animated, or moving lights shall not be permitted.
[Amended 11-20-2006; 5-21-2007]
In the C - Commercial, HC - Highway Commercial, TC - Town Center and Industrial Districts:
A. 
Permitted signs:
(1) 
Signs permitted in §§ 275-69, 275-70 and 275-73 are permitted in these districts.
(2) 
For residential structures located in these districts, community signs and residential living signs not in excess of two square feet of area are permitted.
(3) 
Except for signs listed in Subsection A(1) and (2) and permitted window signs, no signs shall be displayed from the interior of any structure so as to be plainly visible from outside the structure.
B. 
Types and maximum number of signs; regulations. In addition to the signs permitted in Subsection A above, there shall be permitted a maximum of two signs in total per business unit or other nonresidential unit from the following sign classifications:
[Amended 7-16-2018]
(1) 
Wall signs.
(a) 
Size:
[1] 
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.
[2] 
Total sign area shall not exceed 24 square feet.
[3] 
For TC: Sign area shall not exceed 50 square feet or 15% of the wall area on which the sign is attached.
(b) 
Number: one per business unit or other nonresidential unit per street frontage. For TC: one per street footage.
(2) 
Awning and canopy signs.
(a) 
The total sign area shall not exceed one square foot for every two 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.
(b) 
Sign lettering and design shall be affixed flat to the surface of the awning or canopy.
(c) 
Only the copy area of the sign shall be considered in any square-foot limitations.
(d) 
When an awning or canopy sign covers multiple store fronts, each store shall be permitted one copy area, not to exceed 80% of the individual store front.
(e) 
For TC: The total sign area shall not exceed one square foot for every two linear feet, provided that the total maximum area shall not exceed 25 square feet.
(3) 
Marquee signs for theatres, exclusively:
(a) 
Shall not project more than 42 inches beyond the marquee faces or edges.
(b) 
Shall, in no instance, be less than eight feet above the walkway, sidewalk or thoroughfare.
(c) 
Shall not exceed 48 square feet per sign. A theatre may have two marquee signs per building.
(d) 
For TC: A sign shall not project more than 11.5 feet from the surface upon which it is attached.
(4) 
Projecting and hanging signs.
(a) 
Number:
[1] 
One per building wall which faces a street or parking lot.
[2] 
A building having multiple commercial units shall be permitted more than one projecting sign facing a street or parking lot, provided that:
[a] 
The number of projecting signs does not exceed one for each 25 feet of frontage.
[b] 
Number: one projecting sign per unit.
(b) 
Size. Signs shall not exceed six square feet per sign.
(c) 
Location:
[1] 
Shall not project more than 36 inches from the face of the building or wall.
[2] 
Shall not extend beyond the eaves for a one-story building.
[3] 
Shall maintain a clearance of eight feet from public street way (sidewalk).
[4] 
For TC: Multiple projecting signs shall not be installed within 10 feet of each other if on the same building.
(d) 
Shall not project or extend into the required setback area.
(e) 
Shall not be permitted if such sign obstructs, interferes or in any way becomes a hazard to the orderly movement of pedestrian or vehicular traffic.
(5) 
Freestanding signs.
(a) 
Number: one per lot or parcel, except where a street frontage exceeds 300 continuous linear feet, in which case, two signs shall be permitted along that frontage.
(b) 
Size. The sign area shall not exceed 32 square feet per sign. For TC: shall not exceed 24 square feet.
(c) 
Location. Signs shall be located at least 10 feet from any property line. For TC: Signs shall not be located closer than 50 feet to another freestanding sign located upon another premises, provided that this subsection shall not prohibit the ability to place one freestanding sign upon a premises that would otherwise have a right to such a sign. The location of the sign on the lot shall be within the required signage setbacks and sight triangle. Any setback violations found must be corrected. A professional survey is required to determine if the sign meets all Zoning Code requirements at time of application.
(d) 
Height. Signs shall not be higher than 16 feet from the grade. For TC: Signs shall be 12 feet from grade for one business and 16 feet from grade for more than one business.
(e) 
All signage in multi-unit locations shall have continuity in design, size, color and lettering.
(f) 
For TC: No single pole signs permitted.
(6) 
Window signs. Area is not to exceed one-half the total area of the window in which it is posted, and a maximum possible area of six square feet. For TC: Sign area is limited to 15% of the window area or a maximum of 24 square feet, whichever is less.
(7) 
Sandwich boards 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.
(8) 
Reader boards. One per property or business is permitted. It shall either be mounted on a wall or a freestanding sign. Maximum sign area is 10 square feet per site with a total sign area not to exceed 20 square feet. For TC: In the case of a wall-mounted reader board, the maximum area shall be six square feet.
(9) 
For TC: Total sign area. The total signage area for all signs on the property must not exceed the sum of two square feet for each horizontal linear foot of building which fronts on a street or walkway. The business/institution owner can have a maximum of two signs which may be a combination of wall signs, awning and canopy signs, marquee signs, projecting and hanging signs, freestanding signs, or window signs subject to follow maximum size requirements and total signage area limitation. If multiple businesses are located within a building, the total signage area should be distributed within them. No one sign shall exceed the total square feet for each linear front foot for each business fronting on a street or walkway. However, no one sign shall exceed 200 square feet.
(10) 
Signs regulations that apply to the C, HC, TC and I Districts:
(a) 
Clearance.
[1] 
Signs shall have vertical clearance of 12 feet in a public right-of-way or alley and eight feet in all other locations.
[2] 
Signs shall not project more than a maximum 2/3 of the width of the sidewalk or six feet, whichever is less.
(b) 
Construction signs.
[1] 
A maximum of four construction signs (one sign per company) are permitted per job site.
[2] 
Size of each construction sign shall not exceed 16 inches by 18 inches or a maximum of two square feet, including the sign frame.
[3] 
Maximum construction sign height measured from the top of the sign to ground elevation is 30 inches.
[4] 
Construction signs are not to be illuminated or have any attention-getting devices attached, such as but not limited to balloons and streamers.
[5] 
Construction signs must not be displayed prior to the start of work at the job site and must be immediately removed upon completion of the designated work at the job site. The Town may remove construction signs prior to the start of work at the job site, and for signs remaining after completion of the designated work, the owner of the property and/or construction company shall be subject to a fine/penalty for the removal of such sign(s), in accordance with § 275-75.
(c) 
Setbacks. Signs taller than three feet may not be located within the visibility triangle depicted in the diagram below. Minor exceptions may be granted for controlled intersections if approved by the Town Building Inspector or the Code Enforcement Officer, if a finding is made that the proposed sign will not affect the line of sight of vehicles, bicyclists, or pedestrians at the intersection.
275 diagram sign setbacks.tif
(d) 
Sale and grand opening signs shall be permitted in all zones, provided that such signs are displayed no more than 15 consecutive days for every three months. Such signs shall be removed immediately upon termination of the sale or event that they advertise.
C. 
Additional sign permitted only in Highway Commercial — HC Districts for drive-through restaurant facilities.
(1) 
In addition to signage permitted in § 275-74B, one menu sign shall be permitted as follows:
(a) 
Shall only be used at drive-through restaurant facilities.
(b) 
Shall not exceed 32 square feet in size.
(c) 
Shall be designed in a manner and placed in a location that precludes reading the sign from the right-of-way.
(d) 
Speakers on such signs shall not be audible from the right-of-way or adjoining properties.
D. 
Special requirements for large-scale commercial complexes or educational campuses.
(1) 
Purpose. Recognizing that large-scale commercial complexes of three or more principal structures in excess of six units and educational campuses have signage needs that may not be specifically addressed by a municipal comprehensive signage plan, this subsection is intended to allow a procedure for approval of a comprehensive signage plan for these sites.
(2) 
Any proposed shopping or business office center or group of three or more principal structures in excess of six units under common management and operation, located on one or more contiguous properties, shall submit an application for comprehensive signage plan approval to the Planning and Zoning Committee. Additionally, any proposed shopping or business office center or educational institution which has more than 400 linear feet of frontage on a principal arterial roadway must submit an application for comprehensive signage approval.
(3) 
Such shopping or business office center or educational campuses are required to follow all sign regulations, as embodied elsewhere in this chapter, unless they choose to apply for comprehensive signage plan approval. All such plans must include a thorough review of all existing signs and proposed signs and detail how the comprehensive signage plan differs from the standard signage regulations set forth in this chapter.
(4) 
Design guidelines for comprehensive signage plans.
(a) 
Upon application, the Planning and Zoning Committee shall review and make recommendations to the Town Council regarding the application for a comprehensive signage plan.
[1] 
The number and total area of signs proposed may not exceed the number and area of total signage otherwise permitted by this chapter.
[2] 
The signs must be in proportion to the scale of the buildings and uses on the site.
(b) 
All signs must be in harmony with the overall architectural concept for the site and be architecturally and artistically compatible with each other and the other buildings. Sign type, color scheme, size, and illumination within the site shall be coordinated.
(c) 
The freestanding signs identifying shopping centers and other unified campuses and complexes shall identify:
[1] 
The name of the campus or complex.
[2] 
The primary tenants within the campus or complex.
(5) 
Town Council duties.
(a) 
In reviewing and approving comprehensive signage plans, as recommended by the Planning and Zoning Committee, the Town Council shall take into consideration:
[1] 
The Comprehensive Development Plan of the Town.
[2] 
Public health, safety and welfare, comfort and convenience of the public in general:
[a] 
Of the residents, businesses, and property owners of the immediate neighborhood in particular.
[b] 
Shall ensure that campuses and complexes have adequate, but not excessive, signage.
(b) 
The following objectives shall guide the Planning and Zoning Committee and Town Council when reviewing such plans:
[1] 
Whether the size and complexity of the complex or campus warrants the need for extra signage under the provisions of this article.
[2] 
Whether the placement of signage at or near entrances provides superior visibility in order to assure the safety of the driving public.
[3] 
Whether the proposed signs are adequate in number to safely direct the public to the use or uses on the site.
[4] 
Whether the proposed signs have any adverse impact on the visibility of adjacent signs, and are consistent with, or an improvement to, the prevailing type and style of signage in the general area.
[5] 
Whether the proposed signs will be of a style and color which will complement the architecture of the site and the area in general.
(6) 
Submission requirements.
(a) 
No application will be accepted by the Planning and Zoning Committee prior to a preapplication meeting of the applicant and the Code Enforcement Officer.
(b) 
Sufficient copies of a sign plan and relevant application forms, as determined by the Town Council, must be submitted to the Planning and Zoning Committee. The sign plan shall illustrate:
[1] 
The physical location of all the existing and or/proposed signs on the subject property.
[2] 
Their relationship to existing and/or proposed buildings on site.
[3] 
Color renderings of each proposed sign.
[4] 
Architectural elevation drawings of the proposed buildings depicting the placement of any wall-mounted signs.
(c) 
The application fee shall be $1,000 and is due at the time of application. Such fee may be modified from time to time by resolution of the Town Council upon recommendation of the Planning and Zoning Commission.
(d) 
comprehensive sign plans which are submitted as part of a site plan application shall be reviewed as part of the final site plan and not be assessed the review fee described above, but will require the same level of detail and information.
(7) 
Amendments to approved comprehensive signage plans.
(a) 
Any new or revised signs to be placed on a property with an approved comprehensive sign plan need not go back to the Town Council for re-approval if:
[1] 
The sign area is not increased by more than 5%.
[2] 
The proposed sign conforms to the overall design concept and colors as approved.
E. 
Special signage requirements for sales of motor fuels. In addition to all other requirements of this article, the following additional requirements pertain to commercial businesses, such as gas stations and convenience stores, conducting sales of motor fuels:
(1) 
Canopy signs:
(a) 
Canopy sign height shall not exceed 30 feet.
(b) 
Canopy sign copy shall be directed towards a public street.
(c) 
Canopy sign area shall be limited to not greater than 10% of the area of the canopy face to which the sign is applied.
(2) 
Exempt signs:
(a) 
"Price per gallon" signage, as required by the state and federal governments, shall not count towards the overall sign area, unless it exceeds 20 square feet in size.
(b) 
"Price per gallon" signs not exceeding two square feet, located on the pump itself, are exempt.
F. 
Electronic message board signs in the HC - Highway Commercial District. For any sign which meets the definition of "electronic message board sign," the following provisions shall apply:
[Added 7-28-2014]
(1) 
Electronic message board signs shall only be permitted for parcels zoned HC - Highway Commercial with frontage on U.S. Route 113. All electronic message boards must be located on Route 113.
(2) 
All changing message signs shall be constructed as an integral part of a permanent freestanding sign. "Integral" shall be considered to be incorporated into the framework and architectural design. Only one freestanding sign containing a changing message board sign shall be permitted per parcel.
(3) 
The maximum sign area for an electronic message board, which is detached, shall be no greater than 75% of the maximum total allowable sign area for a freestanding sign in the HC District. In no situation shall an electronic message board be larger than 75 square feet.
(4) 
Signs shall not operate at brightness levels of more than 200 cd/m2 (candelas per square meter). Each electronic message board shall have a light-sensing device that will adjust the brightness of the message board as the natural ambient light conditions change.
(5) 
Only those changing electronic message signs utilizing monochrome colors such as white, red or amber shall be permitted. No RGB (red-green-blue) technologies or other multicolored displays shall be permitted in an electronic message center sign in a manner that would create a video board. This section does not prohibit the use of color in a sign that is not a video board.
(6) 
Changing electronic message signs shall maintain an 8-1-8 transition frequency. 8-1-8 means a message display time of a minimum of eight seconds, a transition time between messages of a maximum of one second, followed by a message display time of a minimum of eight seconds with all segments of the total message to be displayed within seventeen seconds.
(7) 
All messages displayed on an electronic message board shall be directly related to the business for which the sign was constructed. No off-premises advertising signage is permitted.
(8) 
Video boards shall be prohibited.
A. 
Violations. Any of the following shall be a violation of this chapter and shall be subject to the following enforcement remedies and penalties and applicable state law:
(1) 
To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located.
(2) 
To install, create, erect, or maintain any sign requiring a permit without such a permit.
(3) 
To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed.
(4) 
To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
(5) 
Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.
B. 
Enforcement and remedies. Any violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings in any court of competent jurisdiction. The remedies of the Town shall include the following:
(1) 
Issuing a stop-work order for any and all work on any signs on the lot in violation.
(2) 
Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity.
(3) 
Commence and proceed with criminal and civil proceedings, sanctions and penalties in accordance with this Code.
(4) 
The Code Enforcement Officer is authorized to remove any signage which violates the provisions of this section, without notice to the owner or owners of the parcel(s) or of the signage, and may subsequently notify the owner(s) to claim the signage. In the event that no person or entity which owns the violating signage claims said signage within 30 days of written notification by the Code Enforcement Officer, the Code Enforcement Officer may dispose of the signage without liability to the Code Enforcement Officer or the Town. The provisions stated hereinabove shall not prevent the Town from commencing an appropriate criminal and/or civil proceeding.
(5) 
In the case of a sign that poses an immediate danger to the public health or safety, the Town shall take such measures as are available to it under the applicable provisions of this article and building code.[1]
[1]
Editor's Note: See Ch. 75, Building Construction.
(6) 
All such remedies provided herein shall be cumulative.
C. 
Fines and penalties for violations of this chapter shall be as set forth in Chapter 1, Article II, of this Code.
[Amended 2-24-2014]