A. 
Applicability.
(1) 
These sign regulations apply within every existing and future zoning district in the Town.
(2) 
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.
(3) 
Section 234-13 of this chapter applies. If any conflict between state and Town law arises, the more restrictive provisions shall apply.
B. 
Purposes.
(1) 
Encourage the effective use of signs as a means of communication in the Town.
(2) 
Avoid visual clutter and competition among sign displays in their demand for public attention.
(3) 
Promote the safety and convenience of pedestrians and motorists.
(4) 
Minimize the adverse effects of signs on nearby public and private property.
A. 
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. 
Sign area measurement.
(1) 
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) 
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) 
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) 
Multiple faces. The area of a sign with more than one face or plane, including a three-dimensional sign, is measured as follows:
(a) 
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) 
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) 
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) 
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.
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 the farthest from the ground.
D. 
Color.
(1) 
Interference with traffic safety. A sign shall not use color combinations that may be confused with a traffic sign or signal.
(2) 
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. 
Illumination.
(1) 
Prevention of glare.
(a) 
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) 
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) 
Interference with traffic safety. A sign shall not be illuminated with a pattern or lighting combination that resembles a traffic signal.
(3) 
Flashing. A sign shall not contain or be illuminated by flashing, revolving, or intermittent lights, or lights that change intensity.
(4) 
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. 
Structural limitations.
(1) 
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) 
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) 
Wind-activated. A sign shall not be set in motion or powered by wind.
(4) 
Moving parts. A sign may not have moving parts.
A. 
Definition. A "permanent sign" is a sign constructed in a manner and of materials that will withstand long-term exposure to the elements.
B. 
Requirements by zones.
(1) 
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) 
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. 
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. 
Where allowed. An off-premises sign is permitted in only the C-1 Zone as a conditional use.
C. 
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.
D. 
Application procedure. An applicant for an off-premises sign shall comply with:
(1) 
General standards for approval of a conditional use in Article IV, § 234-24F.
(2) 
Development standards in this section.
A. 
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. 
Requirements.
(1) 
Where allowed. Real estate, development, and construction signs may be erected in any zone.
(2) 
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) 
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) 
Materials. Real estate, development, and construction signs shall be made of materials sufficiently durable for the time that they are displayed.
(5) 
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. 
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. 
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
A. 
General.
(1) 
Definition. A "prohibited sign" is one that cannot be erected or maintained.
(2) 
The Board of Adjustment is not authorized to grant a variance permitting the erection of a sign that this article prohibits.
B. 
List of prohibited signs.
(1) 
Obscene signs. A obscene sign contains obscene statements, words, or depictions that are construed to offend public morals or decency.
(2) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
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. 
List of exempt signs.
(1) 
Measuring two square feet or less.
(a) 
Residential living sign: a sign on private property, customarily associated with residential living or decoration.
(b) 
Newspaper and mailbox: a sign that is part of a mailbox or a newspaper tube and conforms to applicable government regulations.
(c) 
Warning signs: a sign warning the public about trespass, danger, or safety considerations.
(2) 
Regardless of size.
(a) 
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) 
Required by law: a sign whose display is required by law or regulation.
(c) 
Flags on flagpoles: a flag displayed on a flagpole.
(d) 
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) 
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) 
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) 
Adornments and decoration: any adornments or seasonal decoration.
A. 
Permits required. The Town Commissioners may establish a system requiring permits prior to the erection, renovation, or altering of any sign.
B. 
Application procedure. Applications shall be submitted to the Administrator.
C. 
Planning and Zoning Commission review. The Administrator may request Planning and Zoning Commission review prior to issuing a sign permit.
D. 
Permit fees. The Town may adopt fees for the processing and issuing of sign permits.