A.Â
Applicability.
(1)Â
These sign regulations apply within every existing
and future zoning district in the Town.
(2)Â
Signs erected, placed, established, painted, created,
or maintained in the Town shall comply with the provisions of this
chapter and other applicable laws, regulations, and standards such
as the Title 17, Chapter 11, of the Delaware Code, Regulation of Outdoor
Advertising.
B.Â
Purposes.
(1)Â
Encourage the effective use of signs as a means of
communication in the Town.
(2)Â
Avoid visual clutter and competition among sign displays
in their demand for public attention.
(3)Â
Promote the safety and convenience of pedestrians
and motorists.
(4)Â
Minimize the adverse effects of signs on nearby public
and private property.
A.Â
Definition of a sign. A "sign" is any object, device,
display, or structure, or part thereof, situated outdoors or indoors,
that is used to advertise, identify, display, direct, or attract attention
to an object, person, institution, organization, business, product,
service, event, or location by any means, including words, letters,
figures, design, symbols, fixtures, colors, logo, illumination, or
projected images.
B.Â
Sign area measurement.
(1)Â
Definition. The "sign area" is the entire portion
of the sign that can be enclosed within a single rectangle. The area
includes the extreme limits of the letters, figures, designs, and
illumination, together with any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed.
(2)Â
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. A support having a perimeter
larger than four feet at the widest point is an integral part of the
display.
(3)Â
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.
(4)Â
Multiple faces. The area of a sign with more than
one face or plane, including a three-dimensional sign, is measured
as follows:
(a)Â
General. All sides of a sign that can be seen
at any one time from one vantage point outside the property line of
the site where the sign is located are included in the computation
of sign area.
(b)Â
Parallel faces. Only the larger of two sides
is measured if the sides are double-faced or back-to-back. The two
faces shall be parallel and less than two feet apart. For parallel
signs two feet or more apart, the sum of all the faces or sides will
be used in the computation of the sign area.
(c)Â
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 sides
is greater than five feet, the sum of the dimensions 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.
(d)Â
Three-dimensional. Where three-dimensional signs
are used, the area of the sign equals the total surface area of the
sides that can be seen from a single vantage point outside the property
lines of the site where the sign is located.
D.Â
Color.
(1)Â
Interference with traffic safety. A sign shall not
use color combinations that may be confused with a traffic sign or
signal.
(2)Â
Nondisplay sides of signs. In order for the sign back
or nondisplay side of a sign to be excluded from consideration as
sign area, it shall be a single, netural color, if the back or nondisplayed
side is visible from outside the property lines of the property where
the sign is located.
E.Â
Illumination.
(1)Â
Prevention of glare.
(a)Â
Definition. "Glare" is a direct or reflected
light source creating a harsh brilliance that causes the observer
to squint or shield the eyes from the light.
(b)Â
Prevention requirement. Signs shall be illuminated
using an enclosed lamp design or indirect lighting from a shielded
source in a manner that prevents glare from beyond the property line.
(2)Â
Interference with traffic safety. A sign shall not
be illuminated with a pattern or lighting combination that resembles
a traffic signal.
(3)Â
Flashing. A sign shall not contain or be illuminated
by flashing, revolving, or intermittent lights, or lights that change
intensity.
(4)Â
Near a residence. Any sign on a lot or parcel within
150 feet of a residential use shall not exceed 100 square feet and
may be illuminated only during the hours that the entity is open for
public business, unless the applicant demonstrates that the sign is
located so that no adverse impact will affect the residence.
F.Â
Structural limitations.
(1)Â
Interference with traffic safety. A sign shall not
be shaped like a traffic sign or signal, use wording similar to traffic
signals, or interfere with traffic safety.
(2)Â
Shaped like humans or animals. A sign shall not be
shaped to resemble any human or animal form, but shall conform to
a geometric shape.
(3)Â
Wind-activated. A sign shall not be set in motion
or powered by wind.
(4)Â
Moving parts. A sign may not have moving parts.
A.Â
Definition. A "permanent sign" is a sign constructed
in a manner and of materials that will withstand long-term exposure
to the elements.
B.Â
Requirements by zones.
(1)Â
Residential zones.[1]
[1]
Editor's Note: The table setting forth the requirements for signs in residential zones is included as an attachment to this chapter.
(2)Â
Nonresidential zones.[2]
[2]
Editor's Note: The table setting forth the requirements for signs in nonresidential zones is included as an attachment to this chapter.
A.Â
Definition. An "off-premises sign" directs attention
to a business, commodity, service, or entertainment conducted, sold,
or ordered at a location other than the premises on which the sign
is placed. Off-premises signs are also called "billboards."
B.Â
Where allowed. An off-premises sign is permitted in
only the C-1 Zone as a conditional use.
C.Â
Development standards.[1]
[1]
Editor's Note: The table setting forth the requirements for off-premises signs is included as an attachment to this chapter.
A.Â
Definition. "Real estate, development, and construction
signs" are displayed on private property while such property is offered
for sale, rental, or lease or on which construction or development
is taking place.
B.Â
Requirements.
(1)Â
Where allowed. Real estate, development, and construction
signs may be erected in any zone.
(2)Â
Display period. Real estate, development, and construction
signs may be displayed while a property is being offered for sale,
while land is being developed, and while construction is taking place.
(3)Â
Removal. Real estate, development and construction
signs shall be removed within 30 days of the sale of a property, the
completion of a land development project, or the termination of an
individual's construction activity.
(4)Â
Materials. Real estate, development, and construction
signs shall be made of materials sufficiently durable for the time
that they are displayed.
(5)Â
Additional requirements by sign type.
Sign Type
|
Standard
|
Regulation
|
---|---|---|
Real estate sign: indicates sale, rental or
lease of the premises on which it is located
|
Number allowed
|
1 sign for each street frontage
|
Maximum area
|
10 square feet per side
| |
Maximum number of sides
|
2; shall be back-to-back
| |
Maximum height
|
Not applicable
| |
Minimum height
|
Not applicable
| |
Placement
|
Not applicable
| |
Illumination
|
Not permitted
| |
Permit needed
|
No
| |
Development Sign: advertises the sale or rental
of a structure being built as part of a land development project
Construction sign: identifies those engaged
in construction
|
Number allowed
|
Temporary development sign; 1 for each street
entrance.
|
Temporary construction sign: 1 for each street
frontage.
| ||
Maximum area
|
128 square feet
| |
Maximum number of sides
|
Not applicable
| |
Maximum height
|
15 feet
| |
Minimum height
|
Not applicable
| |
Placement
|
0 to 32 square feet: 5-foot front yard setback.
| |
32-128 square feet: 25-foot front yard setback.
| ||
Illumination
|
Not illuminated or indirectly illuminated
| |
Permit needed
|
No
|
A.Â
Definition. A "temporary sign" is a sign displayed
on private property for fewer than 30 days, usually made of nonpermanent
material, such as canvas, cardboard, paper, or wood.
B.Â
Requirements by zone.
Requirement
|
Residential Zones
|
Nonresidential Zones
| |
---|---|---|---|
Number allowed
|
Not limited
|
No limit
| |
Maximum area
|
Total of 10 square feet on property
|
50 square feet each sign; 100 square feet total
sign area
| |
Maximum height
|
5 feet
|
10 feet
| |
Placement
|
5 feet from property line
|
5 feet from property line
| |
Illumination
|
Not permitted
|
Not permitted
| |
Permit needed
|
No
|
No
|
B.Â
List of prohibited signs.
(1)Â
Obscene signs. A obscene sign contains obscene statements,
words, or depictions that are construed to offend public morals or
decency.
(2)Â
Obstructive signs. A sign shall not be placed in a
location that obstructs the view of traffic signs, traffic signals,
oncoming traffic, pedestrians, or that interferes, in any way, with
placement or function of any traffic control device.
(3)Â
Roof signs. A roof sign is a sign mounted on the roof
of a building, supported by poles, uprights, or braces extending from,
or attached to, the roof of a building, or projecting above the roof
of a building.
(4)Â
Unsafe sign. An unsafe sign is one that creates a
safety hazard due to structural or electrical conditions or inadequate
maintenance. A sign that becomes unsafe after erection shall be repaired
to meet safety requirements or removed within 30 days of notice of
the unsafe condition.
(5)Â
Wind-activated. A wind-activated sign is a banner,
pennant, streamer, ribbon, spinner, balloon, string of lights, or
other device that moves in the wind.
(6)Â
Signs in the public right-of-way. Generally, signs
may not be placed in public rights-of-way. An exception to this regulation
includes signs erected by a governmental agency or utility company
in the performance of its official public duties.
(7)Â
Attached to the property of others. A sign shall not
be attached or affixed to a structure or property, such as a fence,
wall, antenna, other sign, tree, or other vegetation, or any public
structure, such as a utility pole, without permission of the owner.
(8)Â
Abandoned or obsolete sign. An abandoned or obsolete
sign is a legally erected sign, other than a temporary sign, including
structural supports and electrical connections, directing attention
to a business, commodity, service, or entertainment in a building
that has not been used for six months or more.
A.Â
Definition. An "exempt sign" is a sign that is not
required to comply with the size, location, and number standards of
this article but shall comply with the applicable provisions governing
prohibited signs.
B.Â
List of exempt signs.
(1)Â
Measuring two square feet or less.
(a)Â
Residential living sign: a sign on private property,
customarily associated with residential living or decoration.
(b)Â
Newspaper and mailbox: a sign that is part of
a mailbox or a newspaper tube and conforms to applicable government
regulations.
(c)Â
Warning signs: a sign warning the public about
trespass, danger, or safety considerations.
(2)Â
Regardless of size.
(a)Â
Official duties of government or utilities:
a sign used by a government agency or utility company erected by,
or on the order of, a public officer or utility official in the performance
of official duties, such as controlling traffic, identifying streets,
warning of danger, providing information.
(b)Â
Required by law: a sign whose display is required
by law or regulation.
(c)Â
Flags on flagpoles: a flag displayed on a flagpole.
(d)Â
Commemorative sign: a sign that is cut into
the masonry surface or constructed of bronze or other material and
made an integral part of the structure, such as a cornerstone, memorial,
plaque, or historical marker.
(e)Â
Part of a dispenser: a sign that is an integral
part of a dispensing mechanism, such as a beverage machine, newspaper
rack, or gasoline pump.
(f)Â
Holiday sign: a sign, including lighting in
accordance with applicable electrical requirements, displayed in connection
with the observance of any holiday, provided that it is removed within
10 days of the end of the holiday.
(g)Â
Adornments and decoration: any adornments or
seasonal decoration.
A.Â
Permits required. The Town Commissioners may establish
a system requiring permits prior to the erection, renovation, or altering
of any sign.
B.Â
Application procedure. Applications shall be submitted
to the Administrator.
C.Â
Planning and Zoning Commission review. The Administrator
may request Planning and Zoning Commission review prior to issuing
a sign permit.
D.Â
Permit fees. The Town may adopt fees for the processing
and issuing of sign permits.