As used in this article, the following definitions
shall be applicable unless the context clearly indicates to the contrary:
Any sign that is part of or attached to an awning, canopy,
or other fabric, plastic, or structural projection or cover over a
door, window, building front, building side or outdoor service area.
[Added 3-3-2008 by Ord. No. 0708-01]
Any sign intended to be hung, either with or without frames,
and possessing characters, letters, illustrations or ornamentations
applied to paper, plastic or fabric of any kind. National flags and
flags of political subdivisions shall not be considered banners for
the purpose of this article.
A sign located on any part of the surface of the bench or
seat placed on or adjacent to a public right-of-way.
A non-point-of-sale sign which advertises a business, organization,
event, persons, place or thing, unless such sign is more specifically
defined herein.
Any sign of any shape equipped with internal lighting and
one or more translucent covers, excluding signs composed of individual
internally lit letters.
[Added 3-3-2008 by Ord. No. 0708-01]
A sign that is designed so that characters, letters or illustrations
can be changed or rearranged without altering the face of the surface
of the sign. This shall also include the changing of copy on billboards.
Any sign giving the name or names of principal contractors,
architects and lending institutions responsible for construction on
the site where the sign is placed, together with other information
included thereon.
A sign on which the names and locations of the occupants
or the use or products offered for sale on the premises are given.
This shall include office buildings and church directories.
[Amened 7-16-2010 by Ord. No. 0710-01]
Any mobile or portable sign or sign structure not securely
attached to the ground or to any other structure. This definition
shall not include "trailer signs" as defined in this section.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
Any sign illuminated in any manner by an artificial light
source.
Any sign providing a description of the policies or procedures
observed by the occupants of a property building, and their affiliations,
but without a description of the business, commodity, service, or
entertainment conducted, sold, or offered on the same property.
[Added 3-3-2008 by Ord. No. 0708-01]
Memorial signs or tablets, names of buildings and date of
erection when cut into any masonry surface or when constructed of
bronze or other incombustible materials and mounted on the face of
the building.[1]
A drawing, painting, or applique of a decorative nature,
without any lettering, logos, or trademarks, applied directly to a
wall of a structure.
[Added 3-3-2008 by Ord. No. 0708-01]
Any sign which does not conform to the regulations of this article. Where a nonconforming sign existed on the effective date of the original enactment of Chapter 270, such date being March 12, 1976, such sign may be continued, subject to the following provisions:
Any sign other than a wall sign affixed to any building or
wall whose leading edge extends beyond such building or wall.
Any sign that informs the public about safety and health
information, community services or public affairs.
[Added 3-3-2008 by Ord. No. 0708-01]
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
Any sign erected or constructed wholly upon and over the
roof of any building and supported solely on the roof structure.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers or names of occupants
of the premises.
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
Legal notices, identification, information or
directional signs erected by governmental bodies.
Integral decorative or architectural features
of buildings, including murals and facade art, except letters, trademarks,
moving parts or moving lights.
[Amended 3-3-2008 by Ord. No. 0708-01]
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
Any sign of any material whatsoever that is attached in any
way to a utility pole, tree or any object located or situated on public
or private property.
Any banner sign which is stretched across and hung over a
public right-of-way.
Any sign mounted on a vehicle normally licensed by the State
of Delaware as a trailer and used for advertising or promotional purposes.
Any sign painted on or attached to and erected parallel to
the face of an outside wall of any building and supported by such
wall or building.
[Amended 3-3-2008 by Ord. No. 0708-01]
Any device displaying words, letters or numbers placed inside
or upon a window facing the outside and which is intended to be seen
from the exterior.
[Amended 3-3-2008 by Ord. No. 0708-01]
Any sign that advertises the location of a yard sale or garage
sale.
[Added 3-3-2008 by Ord. No. 0708-01]
No sign shall be erected or maintained in any district other than signs of the character, size and construction expressly authorized by § 270-60.
A.
Announcing signs. One sign per street frontage of
a building which is under construction or structural alteration or
repair announcing the character of the building enterprise or the
purpose for which the building is intended, including names of architects,
engineers, contractors, developers, financiers and others, provided
that the area of such sign shall not exceed 16 square feet in residential
districts or 32 square feet in other districts.
B.
Real estate signs in residential districts.
[Amended 3-3-2008 by Ord. No. 0308-01]
(1)
One sign per street frontage not exceeding four square
feet in residential districts or eight square feet in other districts,
advertising the sale, rental or lease of the premises on which displayed.
(2)
One temporary real estate sign without lights, no
larger than six square feet in area nor more than 10 feet in height
and comprising not more than two colors for the purpose of advertising
the sale, lease or rental of the property; provided, however, that
in the case of property facing on more than one street, two for-sale
signs may be erected, one such sign on each street. No sign advertising
the lease or rental of property shall remain on the property for longer
than three months in any calendar year. This type of sign may be freestanding
and shall be erected on one or two four-by-four-inch posts or may
be erected on a bracket sign from a building not to exceed six square
feet in area. Each type of sign permitted herein may be perpendicular
to the street and shall be no nearer than five feet to the front property
line.
C.
Subdivision signs. One sign per street entrance to
the subdivision and located on the property to be subdivided, provided
that such sign shall not exceed 32 square feet in area. Such sign
may not be erected until the subdivision has been approved by the
appropriate City official and may be displayed for a period of one
year from the date of erection, which date must be filed with the
Building Inspector within 30 days after erection. Erection date will
be determined to be the same as the subdivision approval date if not
filed within the thirty-day period.
D.
Yard sale
signs. Yard sale signs shall not exceed four square feet and are permitted
on the day of the yard sale event only between the hours of 7:00 a.m.
and 5:00 p.m. and shall be removed by 5:00 p.m.
[Added 7-16-2010 by Ord. No. 0710-01]
The table of signs permitted by zoning district is included at the end of this chapter.
The following signs shall be permitted in R-1
Residence Districts and in R-1(S) Residence Districts:
A.
One nameplate sign no larger than 1 1/2 square
feet in area displaying the name and street address of a building
or the name of a building manager or the name of a permitted use.
No sign in R-1 and R-1(S) Residence Districts
shall be placed closer to the property line than five feet.
[Amended 7-16-2010 by Ord. No. 0710-02]
The following signs shall be permitted in R-2
and ER Districts:
[Amended 7-16-2010 by Ord. No. 0710-02]
No signs in the R-2 and ER Districts shall be
placed closer to the front property line than five feet.
[Amended 9-8-1995 by Ord. No. 995-1; 10-10-1997 by Ord. No.
1095-1; 3-3-2008 by Ord. No. 0308-01]
A.
Other than real estate signs, it shall be unlawful for any person to erect or maintain within the commercial districts of the City of Rehoboth Beach any sign for a commercial purpose, as defined in this chapter, without first obtaining a permit from the Building Inspector and making payment of the fee as provided in Schedule E of § 102-10 of this Code.
B.
All rights and privileges acquired under the provisions
of this article, or any amendment thereto, are mere licenses revocable
at any time by the Commissioners of Rehoboth Beach, and all such permits
shall contain this provision. The Building Inspector is hereby authorized
and empowered to revoke any permit issued by them upon failure of
the holder thereof to comply with any provision of this article.
[Amended 3-3-2008 by Ord. No. 0708-01]
The following regulations shall be applicable
to any permanent or temporary sign located in the commercial district:
A.
Unless otherwise provided herein, compliance with
this section shall be the duty of the sign permit holder and not the
duty of the owner of the property upon which the business is conducted.
B.
Signs shall be attached to the property to which they
pertain and shall advertise a business, commodity, service, or entertainment
conducted, sold, or offered on the same property on which the sign
is maintained.
C.
Allowable number and area of signs in commercial districts.
(1)
Each business shall be permitted up to five signs,
with a maximum of three signs affixed to the building.
[Amended 9-21-2018 by Ord. No. 0918-01]
(2)
Each side, front, and back of a commercial property
with frontage on a commercial street, and with an entrance, shall
be permitted up to three square feet of sign area for each foot of
building frontage that faces the commercial street. All other building
sides with an entrance may have up to two square feet of sign area
for each foot of building frontage on the lot. However, no sign in
a commercial district shall exceed 100 square feet on a side.
D.
Excluded signs.
(1)
Information signs. Informational signs shall be excluded
from the calculation of the maximum number of signs and the maximum
permissible sign area. Each business shall be allowed up to three
square feet of informational signs on its front.
(2)
Temporary business signs. Temporary business signs,
as identified in this section, shall be excluded from the calculation
of the maximum number of signs but shall not be excluded from the
calculation of the maximum permissible sign area.
E.
Types of signs permissible in commercial districts.
(1)
Wall signs. Wall signs shall be lower than 25 feet
and may not extend beyond the limits of the wall. Wall signs shall
not exceed four inches in thickness. Individually lighted letters,
logos and design elements may extend up to 12 inches from a wall sign.
[Amended 7-16-2010 by Ord. No. 0710-01]
(2)
Ground or pole or directory signs. All ground or pole
signs must be set back a minimum of three feet from the public sidewalk
or pedestrian way.
[Amended 7-16-2010 by Ord. No. 0710-01]
(a)
Ground, pole and directory signs shall not be
internally lit.
(b)
A group of stores or offices, not all facing
the street, shall be permitted one ground or pole sign naming the
center or mall and listing each business in the center or mall. A
ground or pole sign shall not count against the area calculation or
the allowable number of signs permitted per business. This sign shall
be lower than the eave of the building closest to the sign, shall
be no more than three feet long on its longest side, shall have no
more than two faces and shall be no larger than 4.5 square feet on
each face, except that a group of stores with vehicular access from
Delaware Route 1 may have a sign no larger than 50 square feet on
each face, no more than 30 feet tall and no more than 10 feet long
on its longest side.
(c)
Ground or pole signs erected on a side of a
restaurant other than the side having the main entrance shall have
an area no larger than 24 inches by 18 inches, shall not exceed 6.0
inches in depth and shall display the restaurant menu only.
(d)
Directory signs. Directory signs shall be permitted in front of a
structure occupied by a church or more than one licensed business.
Directory signs shall be no more than four square feet in size and
no taller than seven feet. Directory signs shall be parallel to the
building, except that where there is a front yard or courtyard in
front of the building to which they pertain, directory signs may be
perpendicular to the building. A directory sign shall not count against
the area calculation or the allowable number of signs permitted per
business.
(4)
Window signs/window coverings. Permanent window signs
with the business name, products sold therein, or any other sign of
a permanent nature must not take up more than 25% of the window.
[Amended 7-16-2010 by Ord. No. 0710-01]
(a)
Transparent window tinting designed to reduce
ultraviolet rays shall not be deemed window signs or window coverings.
(b)
During a renovation or extended closure of a
building, windows may be covered from the inside with paper or fabric,
leaving an area on the main entrance sufficiently open for viewing
the interior of the facility.
(5)
Retractable or fixed awning signs. Signs may be imprinted
on retractable or fixed awnings. Retractable or fixed awning signs
shall be opaque and not translucent. Lights shall be permitted under
awnings but shall not be permitted to shine through the awning. Awnings
may be lit from above.
(6)
Roof signs. Roof signs shall be affixed to the roof.
No part of a roof sign may project higher than the structure to which
it is attached.
(7)
Temporary business signs. A temporary business sign
shall be of a nonpermanent nature. Temporary business signs shall
be permitted to remain for a period up to 120 days.
(a)
Temporary public service signs. Each business
shall be allowed to display up to three square feet of public service
signs in the bottom half of its primary entry door or in the bottom
left or bottom right corner of a window. Signs may not advertise events
more than 60 days prior to the event and must be removed within seven
days after the completion of the event.
[Amended 7-16-2010 by Ord. No. 0710-01[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection
E(8)(a), regarding temporary window signs, and provided that former
Subsection E(8)(b) through (i) be redesignated as Subsection E(8)(a)
through (h).
(b)
Temporary banners. Temporary banners are prohibited
on business facades, except that temporary banners shall be permitted
for a new business for up to 60 days while the new business is awaiting
permanent signage.
[Amended 7-16-2010 by Ord. No. 0710-01]
(c)
Changeable-copy signs. Internally lit changeable-copy
signs are prohibited, except that hotels shall be permitted to use
changeable-copy signs for the purpose of announcing vacancies and
special events. Chalkboards shall not be considered changeable-copy
signs.
[Amended 7-16-2010 by Ord. No. 0710-01]
(d)
Freestanding signs are permitted on private
property and setback areas. If the size of the private property or
setback area does not allow the safe display of a freestanding sign,
the freestanding sign is permitted on the public right-of-way. Freestanding
signs on the public right-of-way must be placed against the building
and are limited to one per business. A minimum of five feet of clear
sidewalk width must be maintained at all times. Each face of a freestanding
sign shall count as one of the allowable signs per business. Freestanding
signs must be no larger than six square feet per face side and 48
inches in height.
[Amended 7-16-2010 by Ord. No. 0710-01; 9-21-2018 by Ord. No. 0918-01]
(e)
Televisions or display screens. Businesses using
television or display screens as a window display shall be limited
to one television or display screen per business.
(f)
Real estate signs. Businesses shall be permitted
to display one for-sale sign and one lease sign per property. For-sale
and lease real estate signs shall be parallel to the street and within
one foot of the designated structure. Real estate signs shall be placed
parallel or perpendicular to the street. Open house real estate signs
shall not exceed four square feet. Open house real estate signs are
permitted on the day of the open house event only, between the hours
of 10:00 a.m. and 5:00 p.m., and shall be removed by 5:00 p.m.
(g)
Construction signs. A building permit holder
shall be permitted one construction sign with sign area of up to six
square feet on each of its front and back sides.
(h)
Yard sale signs. Yard sale signs shall not exceed
four square feet and are permitted on the day of the yard sale event
only between the hours of 7:00 a.m. and 5:00 p.m. and shall be removed
by 5:00 p.m.
(8)
Box signs. Box signs are permitted only on the side
of a building fronting on the Boardwalk.
(9)
Projecting signs. Businesses may have one projecting
sign on the side of a building where a sign is permitted. A projecting
sign may not exceed three feet in width and 4 1/2 square feet on each
side. The inboard side of a projecting sign may not be more than 18
inches from the attaching wall. The lowest point of a projecting sign
and its supporting structure that extends over a public or private
sidewalk or other pedestrian way by more than four inches must be
at least eight feet above the surface below, and no portion of a projecting
sign may extend over any surface designated for vehicular traffic.
The highest point of a projecting sign and its supporting structure
may not be more than 15 feet above the surface below. Projecting signs
must be in a fixed position and may not include internal lighting.
Projecting signs may not interfere with pedestrian visibility, as
determined by the Building Official. Projecting signs are not permitted
for any business with its primary entrance on the Boardwalk.
[Amended 7-16-2010 by Ord. No. 0710-01]
F.
[3]Illumination.
(1)
Signs shall not be lighted in any manner which may
constitute a traffic hazard, interfere with pedestrian movements,
or point directly into windows of adjacent or nearby properties.
(2)
The length of any apparatus extending a light source
illuminating a sign away from the structure to which the light source
is affixed shall not exceed 30 inches.
(3)
Any
glazing used in the construction or makeup of this sign shall be tempered
or safety glass.
[Added 7-16-2010 by Ord. No. 0710-01]
G.
Safety. Prior to the issuance of a permit that includes
the construction or installation of a sign, the Building Inspector
may require an engineering analysis to confirm the proposed sign complies
with all applicable building codes and regulations.
H.
Legal nonconforming signs; maintenance. Removal of
a legal nonconforming signs for the purpose of refreshing or maintaining
such sign shall not terminate the sign's legal nonconforming status
if such sign is replaced within three months from its removal, provided
that prior to removal, a building permit is obtained at no charge.
[Amended 10-10-1997 by Ord. No. 1095-1]
A.
Every sign, including but not limited to those signs
for which permits or for which no permits or permit fees are required,
shall be maintained in a safe, presentable and good structural material
condition at all times, including the replacement of defective parts,
painting, repainting, cleaning and other acts required for the maintenance
of said sign. The owner of any property on which a sign is located
and those responsible for maintenance of the sign shall be equally
responsible for maintenance of the conditions of the area in the vicinity
of the sign and shall be required to keep this area clean, sanitary
and free from noxious or offensive substances, rubbish and flammable
waste materials. The Building Inspector shall require compliance with
all standards of this article. If the sign is not made to comply with
adequate safety standards, the Building Inspector shall require its
removal in accordance with this section.
B.
Abandoned signs. Except as otherwise provided in this
article, any sign that is located on property which becomes vacant
and is unoccupied for a period of three months or more and any sign
which pertains to a time, event or purpose which no longer applies
shall be deemed to have been abandoned. Permanent signs applicable
to a business temporarily suspended because of a change of ownership
or management of such business shall not be deemed abandoned unless
the property remains vacant for a period of six months or more. An
abandoned sign is prohibited and shall be removed by the owner of
the sign or the owner of the premises.
C.
Dangerous or defective signs. No person shall maintain
or permit to be maintained on any premises owned or controlled by
him any sign which is in a dangerous or defective condition. Any such
sign shall be removed or repaired by the owner of the sign or the
owner of the premises.
D.
The Building Inspector shall cause to be removed any
sign that has been constructed or erected or is being maintained in
violation of the provisions of this article or that endangers the
public safety, such as an abandoned, dangerous or materially, electrically
or structurally defective sign. The Building Inspector shall prepare
a notice which shall describe the sign and specify the violation involved
and which shall state that if the sign is not removed or the violation
corrected within 72 hours, the sign shall be removed in accordance
with the provisions of this section. Further, written notice for removal
shall not be required where a sign has been removed or brought into
compliance, within the applicable seventy-two-hour period and, thereafter,
within 60 days of the original said written notice, the same sign
or a substantially similar sign has been constructed or erected on
the same property. All notices mailed by the Building Inspector shall
be sent by United States mail, postage prepaid. Any time periods provided
in this section shall be deemed to commence on the date of the mailing.
If the notice is not complied with within the time period specified
the Building Inspector shall cause the sign to be removed at the expense
of the owner or lessee. If the delay in repairing or removing the
sign is occasioned by circumstances beyond the control of the owner
or the lessee, the Building Inspector may grant, in writing, additional
time for removal or repair of this sign.
E.
For all signs other than those designated in Subsection D, notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. A copy of the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property, if known.
F.
Notwithstanding the above, in cases of emergency,
the City Manager, or his designee, may cause the immediate removal
of a dangerous or defective sign without notice.[1]
[1]
Editor's Note: Former § 19-79.1,
Annual application to continue use; charges and fees, which immediately
followed this section, was repealed 9-8-1995 by Ord. No. 995-1.
[Added 10-10-1997 by Ord. No. 1095-1]
A.
No sign shall be permitted to be maintained or used
in the City contrary to the provisions of this article. The City Manager,
by and through the duly authorized employees of the City, shall enforce
the provisions of this article, and he is hereby authorized and directed
to cause removal of all signs from areas in which they are prohibited
by this article or which are maintained or used contrary to the provisions
of this article.
B.
The City Building Inspector is authorized to issue
a citation to any person or persons who violate a provision of this
article, requiring the payment of a fine within 10 days of issuance.
If the fine remains unpaid after the expiration of the ten-day period,
the Building Inspector may take further action to resolve the violation
by filing a summons for the arrest of the violator by the City's police.
[Amended 7-16-2010 by Ord. No. 0710-01]
C.
The City
Manager, by and through the duly authorized employees of the City,
shall provide a dated and numbered sticker for each authorized sign.
The sticker is to be placed in a conspicuous area on the sign for
which it was issued; or for any sign higher than two stories, the
sticker shall be located in the window closest to the entry door.
[Added 7-16-2010 by Ord. No. 0710-01]
[Added 10-10-1997 by Ord. No. 1095-1]
A.
Violation of the provisions of this article shall be a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Any person who violates this article shall pay a civil assessment of $100. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[Amended 7-19-2019 by Ord. No. 0719-01]
B.
In addition to the fines and penalties herein described,
the City may avail itself of any and all civil and equitable remedies
for the purpose of stopping continuing offenses of this article.
