[Added 8-28-2006]
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.
ADVERTISE
ADVERTISEMENT
ANIMATED SIGN
AWNING
AWNING OR CANOPY SIGN
BALLOON SIGN
BANNER SIGN
BILLBOARD
BUILDING CODE
CANOPY
COMMUNITY SIGN
CONSTRUCTION SIGN
DIRECTIONAL SIGN
ELECTRONIC MESSAGE BOARD SIGN
ESSENTIAL SERVICES
FLAG
FLASHING SIGN
FREESTANDING SIGN
GOVERNMENT SIGN
GRADE
HANGING SIGN
IDENTIFICATION SIGN
ILLUMINATED AWNING SIGN
INCIDENTAL OR DIRECTORY SIGN
INDIRECTLY ILLUMINATED SIGN
INSTRUCTIONAL SIGN
MARQUEE
MARQUEE SIGN
MENU SIGN
MONUMENT SIGN
MULTIFACED SIGN
MULTIFAMILY BUILDING STRUCTURE
MURAL
NONCOMMERCIAL SPEECH SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
OPEN/CLOSED SIGN
PERMANENT SIGN
PERMITTEE
POLITICAL SIGN
PORTABLE SIGN
PROJECTING SIGN
PROMOTE
READER BOARD
REAL ESTATE SIGN
RESIDENTIAL LIVING SIGN
ROOF SIGN
SALE/GRAND OPENING SIGN
SANDWICH BOARD SIGN
SETBACK
SIGN
SIGN AREA
SPECIAL EVENT
STREET LINE
TEMPORARY SIGN
UNIT
VIDEO BOARDS
WALL SIGN
WINDBLOWN DISPLAYS
WINDOW DISPLAY
WINDOW SIGN
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.
To advise, announce, apprise, command, give notice of, inform,
make known, publish or call to the public attention by any means whatsoever.
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.
Any sign that displays letters, words, characters or symbols,
which are not stationary.
A fabric, metal or plastic covering attached to a supportive
framework that projects from the exterior wall of a building.
[Amended 7-16-2018]
A sign affixed to or integral with the surface of an awning
or canopy.
A sign composed of an inflatable, nonporous bag.
A sign made of fabric, plastic or other nonrigid material
without an enclosing structural framework.
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.")
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.
A fabric, metal or plastic covering attached over a rigid
structure. Canopies are detached from buildings.
[Amended 7-16-2018]
Any permanent sign that identifies any residential community,
subdivision or facility.
A sign that identifies the owners, financiers, contractors,
architects, engineers or tenants of a project under construction.
A sign displaying only the name and location of essential
services located within the Town of Dagsboro.
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]
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.
A fabric or similar material that is mounted onto a pole
on one edge. A flag may be:
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."
A permanent detached sign that is not attached to a building.
Freestanding signs include pylon, post, or monument signs.
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.
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.
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]
A sign that lists the name and/or address of the occupant
or business entity occupying the premises on which the sign is located.
Any sign that is a part of, or is attached to, an illuminated
awning.
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.
A sign whose illumination is derived from an external artificial
source.
A sign conveying instructions with respect to the premises
on which it is maintained, such as "no trespassing," "danger," etc.
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.
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]
A sign designed for, and used at, drive-through restaurant
facilities.
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.
A sign with two or more facings.
A structure of two or more residential units.
A design or representation, painted or drawn on a wall, that
does not contain promotional or commercial advertising; any wall decoration
without lettering.
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.
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.")
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.
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]
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.
A person holding a valid permit.
Any sign used in connection with an official Town of Dagsboro,
school district, county, state or federal election or referendum.
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.
A sign attached to a building face and perpendicular to the
building wall.
[Amended 7-16-2018]
To contribute to growth, enhancement or prosperity of; to
forward; to further; to encourage; to advance.
A permanent sign with movable letters, words or numerals.
A sign advertising the real estate upon which the sign is
located as being for sale, rent, or lease.
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.
A sign erected on a roof that extends above the eaves of
the building or above any vertical wall of a structure.
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]
A portable, two-sided, freestanding sign constructed in such
a manner as to form an "A" or tent-like shape.
[Added 7-16-2018]
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.
A structure, display or device that is arranged, intended,
designed or used as an advertisement, announcement, identification,
description or direction.
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.
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.
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.
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.
A single residential dwelling or a single commercial/business
premises.
Animated video display on an electronic sign of moving objects,
flashing images and figures in continuous video format.
[Added 7-28-2014]
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.
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.
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]
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.
(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:
(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.
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:
(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.
(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.
(6)
(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:
(c)
Only flags of sovereign nations, states, counties,
or municipalities may be illuminated by any conventional means, and:
[Amended 11-20-2006; 5-21-2007]
In the C - Commercial, HC - Highway Commercial,
TC - Town Center and Industrial Districts:
A.
Permitted signs:
(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.
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)
(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.
(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:
(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.
(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.
(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.
(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.
(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.
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:
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.
(6)
All such remedies provided herein shall be cumulative.
