[Amended 10-3-1989 by Ord. No. 619; 9-11-1990 by Ord. No.
719; 2-26-2008 by Ord. No. 1953; 12-2-2008 by Ord. No. 2008]
[Added 10-11-2016 by Ord. No. 2470[1]]
Signs, including outdoor advertising
structures, are herein regulated with the intent of regulating excess
signage, encouraging the positive economic development of the County,
preserving and improving tourism views, promoting the safety of the
traveling public, protecting property values in both residential and
nonresidential areas, preventing overcrowding of the land and excess
clutter, and protecting the aesthetics of the County.
For the purpose of this article,
certain terms and words pertaining to signs are hereby defined as
follows. Nothing herein contained may be construed to permit the erection
of signs otherwise prohibited by federal or state law.
A.
ABANDONED OFF-PREMISES SIGN
ABANDONED ON-PREMISES SIGN
ANIMATED SIGN
(1)
(2)
(3)
(a)
(b)
CANDELA
CANDELA PER SQUARE METER (cd/m2)
DISSOLVE
FADE
FOOTCANDLE
FRAME
FRAME EFFECT
GROUND LEVEL
ILLUMINANCE
INDIRECTLY ILLUMINATED SIGN
LUMINANCE
LUX
MULTIFACED SIGN
NIT
PUBLIC LAND
SCROLL
SETBACK
SI (INTERNATIONAL SYSTEM OF UNITS)
SIGN
SIGN AREA
SIGN COPY
SIGN FACE
SIGN STRUCTURE
STREET LINE
TRANSITION
TRAVEL
General.
A sign that, for six months or more, no longer:
[Added 10-11-2016 by Ord. No. 2470]
A sign that no longer identifies or advertises an ongoing
business, product, location, service, idea, or activity conducted
on the premises on which the sign is located and the sign permit for
said sign has expired for at least six months.
[Added 10-11-2016 by Ord. No. 2470]
A sign employing actual motion, the illusion of motion, or
light or color changes achieved through mechanical, electrical, or
electronic means. Animated signs, which are differentiated from changeable
signs as defined and regulated by this article, include the following
types:
[Amended 10-11-2016 by Ord. No. 2470]
Environmentally activated: animated
signs or devices motivated by wind, thermal changes, or other natural
environmental input. Includes spinners, pinwheels, pennant strings,
or other devices or displays that respond to naturally occurring external
motivation.
Mechanically activated: animated
signs characterized by repetitive motion or rotation activated by
a mechanical system powered by electric motors or other mechanically
induced means.
Electrically activated: animated
signs producing the illusion of movement by means of electronic, electrical,
or electromechanical input or illumination capable of simulating movement
throughout employment of the characteristics of one or both the classifications
noted below:
Flashing: animated signs or animated
portions of signs whose illumination is characterized by a repetitive
cycle in which the period of illumination is either the same as or
less than the period of nonillumination. For purposes of this article,
flashing will not be defined as occurring if the cyclical period between
on-off phases of illumination exceeds 10 seconds.
Patterned illusionary movement: animated
signs or animated portions of signs whose illumination is characterized
by simulated movement through alternate or sequential activation of
various illuminated elements for the purpose of producing repetitive
light patterns designed to appear in some form of constant motion.
The basic unit of measurement of light in SI (metric) units.
[Added 10-11-2016 by Ord. No. 2470]
The SI (metric) unit used to describe the luminance of a
light source or of an illuminated surface that reflects light. Also
referred to as "nits."
[Added 10-11-2016 by Ord. No. 2470]
A mode of message transition on an electronic message center
accomplished by varying the light intensity or pattern, where the
first message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
[Added 10-11-2016 by Ord. No. 2470]
A mode of message transition on an electronic message center
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
[Added 10-11-2016 by Ord. No. 2470]
An English unit of measurement of the amount of light falling
upon a surface (illuminance). One footcandle is equal to one lumen
per square foot. Can be measured by means of an illuminance meter.
[Added 10-11-2016 by Ord. No. 2470]
A complete stationary display screen on an electronic message
center.
[Added 10-11-2016 by Ord. No. 2470]
A visual effect on an electronic message center applied to
a single frame to attract the attention of views.
[Added 5-19-2015 by Ord. No. 2397]
The average grade of the property or the elevation at the
center line of the adjacent street or road, whichever is higher.
[Added 10-11-2016 by Ord. No. 2470]
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination." Measured in footcandles
(lumens/square foot) in the English system, and lux (lumens/square
meter) in the SI (metric) system.
[Added 10-11-2016 by Ord. No. 2470]
A sign whose illumination is derived from an external artificial
source, which source is so arranged that no direct rays of light are
projected into residential districts or public streets.
The light that is emitted by or reflected from a surface.
Measured in units of luminous intensity (candelas) per unit area (square
meters in SI measurement units or square feet in English measurement
units). Expressed in SI units as cd/m2,
and in English units as foot lamberts. Sometimes also expressed as
"nits," a colloquial reference to SI units. Can be measured by means
of a luminance meter.
[Added 10-11-2016 by Ord. No. 2470]
The SI (metric) unit for illuminance. One lux equals 0.093
footcandle.
[Added 10-11-2016 by Ord. No. 2470]
A sign with two or more facings.
A photometric unit of measurement referring to luminance.
One nit is equal to one cd/m2.
[Added 10-11-2016 by Ord. No. 2470]
Land owned by the United States of America, the State of
Delaware, or a municipality or political subdivision thereof which
is used as park, recreation area, historical site, wildlife refuge,
public forest land, preservation land, or greenway. Public lands shall
not include areas which are public streets, roads, utilities, or rights-of-way
dedicated for transportation or other means of ingress and egress.
[Added 10-11-2016 by Ord. No. 2470]
A mode of message transition on an electronic message center
where the message appears to move vertically across the display surface.
[Added 10-11-2016 by Ord. No. 2470]
An open space on the same premises with a sign or signs,
which open space lies between the nearest edge of the sign or signs
and the nearest street line or property line.
The modern metric system of measurement, abbreviated SI for
the French term "Le Systeme International d'Unites."
[Added 10-11-2016 by Ord. No. 2470]
A structure, display or device that is arranged, intended,
designed or used as an advertisement, announcement, identification,
description or direction.
The total area of a sign shall include all sides or area
of display of a single or multifaced sign, together with all moldings,
battens, cappings, nailing strips and latticing which are attached
and are part of the sign proper or incidental to its decoration. Structural
elements, such as aprons or skirting, which serve to shade, deflect
or block light generated by a sign and which do not display advertising
on their surfaces shall not be included in the total area of a sign.
For the purpose of this article, signs which are composed of letters,
words, numbers, pictures, logos, symbols, or representations only
and which follow no square or rectangular pattern shall be considered
to include in sign area a square or rectangle as drawn at the outer
limits of the letters, words, numbers, pictures, logos, symbols, or
representations.
[Amended 10-11-2016 by Ord. No. 2470]
The physical sign message, including any words, letters,
numbers, pictures, logos, and symbols.
[Added 10-11-2016 by Ord. No. 2470]
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, or decorative trim, or any
areas that are separated from the background surface upon which the
sign copy is displayed by a distinct delineation, such as a reveal
or border.
[Added 10-11-2016 by Ord. No. 2470]
Any structure designed for the support of a sign.
[Added 10-11-2016 by Ord. No. 2470]
A dividing line between a lot, premises or tract of land
and/or a street, road, highway, court, place, square, lane or way
set aside and/or used as a right-of-way for common street or ingress
or egress purposes. For the purposes of this article, street frontage
shall be measured along the street line.
A visual effect used on an electronic message center to change
from one message to another.
[Added 10-11-2016 by Ord. No. 2470]
A mode of message transition on an electronic message center
where the message appears to move horizontally across the display
surface.
[Added 10-11-2016 by Ord. No. 2470]
B.
BULLETIN BOARD
CHANGEABLE SIGN
(1)
(2)
DIRECTIONAL SIGN
ELECTRONIC MESSAGE CENTER
INSTRUCTIONAL SIGN
NONCONFORMING OFF-PREMISES SIGN
NONCONFORMING SIGN
OFF-PREMISES ELECTRONIC MESSAGE CENTER
OFF-PREMISES SIGN
ON-PREMISES ELECTRONIC MESSAGE CENTER
ON-PREMISES SIGN
PORTABLE SIGN
TEMPORARY SIGN
V SIGN
Type.
A manually activated changeable sign of permanent character,
but with movable letters, words or numerals, indicating the names
of persons associated with or events conducted upon or products or
services offered upon the premises upon which such a sign is maintained.
[Amended 10-11-2016 by Ord. No. 2470]
A sign with the capability of content change by means of
manual or remote input, including the following types:
[Added 10-11-2016 by Ord. No. 2470]
Manually activated: a changeable
sign whose message copy or content can be changed manually on a display
surface.
Electrically activated: a changeable
sign whose message copy or content can be changed by means of remote
electrically energized on-off switching combinations of alphabetic
or pictographic components arranged on a display surface. Illumination
may be integral to the components, such as characterized by lamps
or other light-emitting devices; or it may be from an external light
source designed to reflect off the changeable component display.
A sign displaying only the name, nature and location of establishments
located in Sussex County offering accommodations, merchandise and/or
services or real estate developments, industries, churches, schools,
parks or other features or institutions of note located in Sussex
County.
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or an electronic device on site or from a remote location.
[Added 10-11-2016 by Ord. No. 2470[1]]
A sign conveying instructions with respect to the premises
on which it is maintained, such as "entrance," "exit," "no trespassing,"
"danger" and similar signs, the total sign area not to exceed eight
square feet.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than
upon the premises where the sign is maintained and which was legally
installed in conformance with all sign laws, ordinances, and regulations
in effect at the time of its installation, but which no longer complies
with laws, ordinances, and regulations having jurisdiction relative
to the sign.
[Added 10-11-2016 by Ord. No. 2470]
A sign that was legally installed in conformance with all
sign laws, ordinances, and regulations in effect at the time of its
installation, but which no longer complies with laws, ordinances,
and regulations having jurisdiction relative to the sign.
[Added 10-11-2016 by Ord. No. 2470]
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or electronic device on site or from a remote location
which directs attention to a business, commodity, service, or entertainment
conducted, sold, or offered elsewhere than upon the premises where
the sign is maintained.
[Added 10-11-2016 by Ord. No. 2470]
A sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the
premises where the sign is maintained.
An electrically activated changeable sign whose variable
message or graphic presentation capability can be electronically programmed
by computer or electronic device on site or from a remote location
which directs attention to an ongoing business, commodity, service,
or entertainment conducted, sold, or offered upon the same premises
as those upon which the sign is maintained.
[Added 10-11-2016 by Ord. No. 2470]
A sign directing attention to an ongoing business, commodity,
service or entertainment conducted, sold or offered upon the same
premises as those upon which the sign is maintained or on a property
adjacent to the property on which the sign is located when the adjacent
property has a recorded easement for access on or along the property
on which the sign is to be located.
[Amended 10-11-2016 by Ord. No. 2470]
A movable sign not to exceed 32 square feet in area.
A sign which is erected for a time limit not to exceed six
months.
A sign containing two faces positioned at an interior angle
subtending less than 179° at the point of juncture of the individual
faces.
[Added 10-11-2016 by Ord. No. 2470]
[1]
Editor's Note: This ordinance also repealed
the former definition of "electronic message display," which immediately
followed.
C.
GROUND SIGN
ILLUMINATED AWNING SIGN
MARQUEE SIGN
PROJECTING SIGN
(1)
(2)
(3)
(4)
WALL SIGN
Location.
A detached sign which shall include any sign supported by
uprights or braces placed upon or in or supported by the ground and
not attached to any building.
Any sign which is a part of an illuminated awning. Only the
copy area of an "illuminated awning sign" shall be considered in any
square-foot limitations. When an "illuminated awning sign" covers
multiple store fronts, each store shall be permitted one copy area
width not to exceed 80% of the individual store front.
A sign attached to or hung from a marquee. For the purpose
of this article, a "marquee" is a covered structure projecting from
and supported by the building with independent roof and drainage provisions
and which is erected over a doorway or doorways as protection against
the weather. Marquee signs are subject to the following:
Includes any sign which is attached to a building and extends
beyond the wall of the building to which it is attached or within
the setback required for a building. "Projecting signs" are subject
to the following:
No projecting sign shall project
or extend more than 10 feet into or beyond a required building setback
line.
No projecting sign shall be permitted
which obstructs or interferes or in any way becomes a hazard to the
orderly movement of pedestrian and/or vehicular traffic.
No projecting sign shall exceed in
thickness of 18 inches as measured between the principal faces of
any projecting sign.
No projecting sign or part thereof
shall be placed closer than 8 1/2 feet above the walkway, thoroughfare
or sidewalk over which it is erected, nor shall any such sign or part
thereof extend more than six feet above the wall to which it is attached
at the point of attachment.
Any sign attached to and erected parallel to the face of
or painted on the outside wall of a building and supported throughout
its length by such wall or building. A "wall sign" may not extend
beyond the ends of the wall on which it is located.
Signs prohibited in all districts
shall be as follows:
A.
Signs which produce noise or sounds or
emit visible smoke, vapor, particles or odor.
B.
Signs with intermittent lights resembling
or seeming to resemble the flashing lights customarily associated
with danger signals or such as are customarily used by police, fire
or ambulance vehicles or for navigation purposes.
C.
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 when viewed from normal
approaching position of a vehicle at a distance of 25 to 300 feet.
D.
Signs in any location which obstruct a
motorist's vision of traffic control signals or of other vehicular
traffic.
E.
Signs attached to trees or utility poles.
F.
Signs attached to any vehicle parked primarily
for display purposes.
G.
Signs located within 25 feet of any right-of-way
line of an intersection with another street.
H.
Portable signs which do not meet the requirements
and/or regulations of ground signs.
I.
Abandoned on-premises signs.
[Added 10-11-2016 by Ord. No. 2470]
J.
Abandoned off-premises signs.
[Added 10-11-2016 by Ord. No. 2470]
K.
Mirrors. No mirror device shall be used
as part of a sign.
[Added 10-11-2016 by Ord. No. 2470]
L.
V signs where the two faces are positioned
at an interior angle subtending more than 60°.
[Added 10-11-2016 by Ord. No. 2470]
Signs permitted in all districts
shall be as follows:
A.
Signs erected by any governmental agency
for purposes of direction, safety or convenience of the general public.
B.
Instructional signs, nonilluminated.
C.
Signs in conjunction with doorbells or
mailboxes, not exceeding 12 square inches in area.
D.
Name and address signs, not more than one
for each principal building or use on premises and not exceeding two
square feet in area.
E.
Signs which are attached or which are an
integral part of gasoline pumps or other dispensing or servicing devices,
provided that such signs do not extend beyond the area of the pump,
dispensing or servicing device to which they are attached, and provided
that such activities or services are legally established uses.
F.
No more than two subdivision-identifying
signs, not exceeding 75 square feet of sign area per side, maintained
on private property. The minimum setback from the front lot line shall
be a minimum of five feet for signs 32 square feet or less and a minimum
of 25 feet for signs from 32 square feet to 75 square feet.
[Amended 10-11-2016 by Ord. No. 2470]
G.
A temporary real estate sign indicating
sale, rental or lease of the premises on which it is located, with
a maximum area of 32 square feet of sign area per side, nonilluminated,
and one sign for each street frontage on which the premises abuts;
provided, however, that no temporary real estate sign for the sale,
rental, or lease of a single dwelling in a recorded subdivision shall
exceed 10 square feet of sign area per side. Each sign shall contain
no more than two sides or facings.
[Amended 10-11-2016 by Ord. No. 2470]
H.
A temporary development sign advertising
sale or rental of the structure under construction upon the land under
development. The maximum area shall not exceed 128 square feet; the
maximum height shall not exceed 15 feet; the minimum front yard setback
shall be five feet for signs 32 square feet or less and the minimum
front yard setback shall be 25 feet for signs 32 square feet to 128
square feet, nonilluminated or indirectly illuminated; and there shall
be only one sign for each street entrance.
I.
Temporary construction signs identifying
those engaged in construction. The maximum area shall not exceed 128
square feet; the maximum height shall not exceed 15 feet; the minimum
front yard setback shall be five feet for signs 32 square feet or
less and the minimum front yard setback shall be 25 feet for signs
32 square feet to 128 square feet, nonilluminated or indirectly illuminated;
there shall be only one sign for each street frontage on which the
premises abuts; and they shall be permitted only while construction
is actually in progress.
J.
Signs displayed on shelters at school bus
stops, limited to two signs per shelter, and the sign area shall not
exceed 32 square feet per sign. The shelter shall have a minimum setback
of five feet from the street line. No shelter shall be erected within
25 feet of the right-of-way line of an intersection with another street.
Shelter locations shall be approved by the Director and the State
Department of Instruction through the school district in which the
shelter is to be located. Should the State Department of Instruction,
through the school district in which a shelter is located, determine
that there is no longer a need for a shelter at its present location,
the shelter shall be removed.
K.
Portable signs which are adapted to meet
the requirements and/or regulations of ground signs.
A.
Signs permitted shall be as follows:
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such signs
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total of 32 square feet
of sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of 25 feet from the
right-of-way line of an intersection with another street or road,
and a minimum setback of 15 feet from all adjacent property lines.
[Amended 10-11-2016 by Ord. No. 2470]
(3)
One nonilluminated on-premises sign not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection A(2) above.
[Amended 10-11-2016 by Ord. No. 2470]
(4)
Nonilluminated on-premises signs not to exceed three signs, of which each sign shall not exceed 32 square feet of sign area per side, identifying any truck garden, orchard, nursery, commercial greenhouse, produce sale or public stable permitted on the same premises. All signs shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection A(2) above.
[Amended 10-11-2016 by Ord. No. 2470]
B.
No off-premises signs shall be permitted.
C.
Permitted sign locations are ground, marquee
and wall.
A.
Signs permitted shall be as follows:
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such sign
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total of 32 square feet
of sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of 25 feet from the
right-of-way line of an intersection with another street and a minimum
setback of 15 feet from all adjacent property lines.
[Amended 10-11-2016 by Ord. No. 2470]
(3)
One nonilluminated on-premises sign, not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection A(2) above.
[Amended 10-11-2016 by Ord. No. 2470]
B.
Permitted sign locations shall be ground
and marquee.
C.
No off-premises signs shall be permitted.
A.
Signs permitted shall be as follows:
(2)
One illuminated on-premises sign,
not to exceed 10 square feet of sign area per side, identifying the
name and/or address of management of a multifamily dwelling or group
of multifamily dwellings. One sign shall be permitted at each public
entrance, with a minimum setback of five feet from the front lot line.
A sign shall not contain more than two sides or facings, back to back.
[Amended 10-11-2016 by Ord. No. 2470]
(3)
One nonilluminated on-premises sign,
not to exceed 32 square feet of sign area per side, identifying any
motel, hotel, multifamily dwelling structure or townhouse project
of eight or more units. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line.
[Amended 10-11-2016 by Ord. No. 2470]
B.
Permitted sign locations are marquee, projecting,
wall and/or ground.
C.
No off-premises signs shall be permitted.
[Amended 10-11-2016 by Ord. No. 2470; 2-27-2018 by Ord. No. 2550]
A.
Signs permitted shall be as follows:
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such sign
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total 32 square feet of
sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of 25 feet from the
right-of-way line of an intersection with another street and a minimum
setback of 15 feet from all adjacent property lines.
(3)
One nonilluminated on-premises sign, not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection A(2) above.
(4)
One on-premises ground sign per street
or road frontage per parcel, not to exceed 200 square feet of sign
area per side.
(5)
On-premises wall, illuminated awning,
marquee, and projecting signs, not to exceed a total sign area of
150 square feet or 15% of the total square footage of the wall area
on which the signs are located, whichever is greater. In the case
of a shopping center, a group of stores or other business uses, or
a multitenant building on a lot held in single or separate ownership,
on-premises wall, illuminated awning, marquee, and projecting signs,
not to exceed a total sign area of 150 square feet or 15% of the total
square footage of the wall area on which the signs are located, whichever
is greater, shall be permitted with respect to each building, separate
store, separate storefront, or separate use.
(6)
All ground signs shall have a minimum
front setback of five feet, shall not be erected within 100 feet of
a dwelling, church, school or public lands, shall have a minimum setback
of 20 feet from each side property line, shall have a minimum setback
of 25 feet from the right-of-way of an intersection with another street
and shall contain no more than two sides or facings, back to back.
B.
Permitted sign locations shall be ground
or marquee.
C.
No off-premise signs shall be permitted.
[Amended 10-11-2016 by Ord. No. 2470; 7-25-2017 Ord. No. 2509; 2-27-2018 by Ord. No. 2550]
A.
Signs permitted shall be as follows:
(2)
One indirectly illuminated on-premises
sign, not to exceed 32 square feet of sign area per side for each
building devoted to the following uses: church, school, hospital,
nursing home, country club, golf course or similar use. Such sign
shall be solely for the purpose of displaying the name of the institution
or association and its activities or services. In addition, a bulletin
board may be permitted, provided that the total 32 square feet of
sign area per side is not exceeded by both the bulletin board and
the on-premises sign. A sign shall contain no more than two sides
or facings, back to back, and shall have a minimum setback of five
feet from the front lot line, a minimum setback of five feet from
the right-of-way line of an intersection with another street and a
minimum setback of 15 feet from all adjacent property lines.
(3)
One nonilluminated on-premises sign, not to exceed six square feet of sign area per side, identifying a permitted home occupation on the premises or a permitted use on a farm of five acres or more. A sign shall contain no more than two sides or facings, back to back, and shall conform to the setbacks referenced in Subsection A(2) above.
(4)
One on-premises ground sign per street
or road frontage per parcel, not to exceed 200 square feet of sign
area per side.
(5)
On-premises wall, illuminated awning,
marquee, and projecting signs, not to exceed a total sign area of
150 square feet or 15% of the total square footage of the wall area
on which the signs are located, whichever is greater. In the case
of a shopping center, a group of stores or other business uses, or
a multitenant building on a lot held in single or separate ownership,
on-premises wall, illuminated awning, marquee, and projecting signs,
not to exceed a total sign area of 150 square feet or 15% of the total
square footage of the wall area on which the signs are located, whichever
is greater, shall be permitted with respect to each building, separate
store, separate storefront, or separate use.
(6)
All ground signs shall have a minimum
front setback of five feet, shall not be erected within 100 feet of
a dwelling, church, school or public lands, shall have a minimum setback
of 20 feet from each side property line, shall have a minimum setback
of 25 feet from the right-of-way of an intersection with another street
and shall contain no more than two sides or facings, back to back.
B.
Off premises signs in the C-1 General Commercial, CR-Commercial Residential, C-3 Heavy Commercial, C-4 Planned Commercial, C-5 Service Limited Manufacturing, LI-1 (Light Industrial) and HI-1 (Heavy Industrial) Districts, and only after obtaining a special use exception, pursuant to § 115-80C and provided that:
(1)
All off-premises signs shall have
a minimum front yard setback of 40 feet, a minimum side yard setback
of 50 feet, and a minimum rear yard setback equal to the required
rear yard setback for a principal building within the pertinent zoning
district. An off-premises sign shall not be erected within 150 feet
of property which is used as a dwelling, church, school, or public
lands as measured on a radius from the edge of the off-premises sign.
An off-premises sign shall not be erected within 50 feet of an on-premises
sign but this separation requirement shall not preclude the erection
of an on-premises sign within 50 feet of an off-premises sign.
(2)
A single off-premises sign structure
shall support no more than one sign per side and no more than two
signs in total. Signs which are stacked or side-by-side on an off-premises
sign structure are prohibited.
(3)
For all off-premises signs which
are located on properties adjacent to roads which have less than four
travel lanes (excluding turn lanes), the following regulations shall
apply:
(a)
An off-premises sign shall not be
erected within 600 feet of another off-premises sign as measured on
a radius from the edges of the off-premises signs.
(b)
No off-premises sign shall exceed
25 feet in height from ground level.
(c)
An off-premises sign shall not exceed
300 feet of sign area per side and shall not exceed more than 600
square feet of sign area per off-premises sign structure.
(4)
For all off-premises signs which
are located on properties adjacent to roads which have four or more
travel lanes (excluding turn lanes), the following regulations shall
apply:
(a)
An off-premises sign shall not be
erected within 600 feet of another off-premises sign. This separation
distance shall be measured from the edges of the off-premises sign
and shall apply only to signs which are located on the same side of
the road.
(b)
No off-premises sign shall exceed
35 feet in height from ground level.
(c)
An off-premises sign shall not exceed
600 feet of sign area per side and shall not exceed more than 1,200
square feet of sign area per off-premises sign structure.
(5)
An applicant for a special use exception
for an off-premises sign must, at the time the application is filed
with the Office of Planning and Zoning, submit documentation from
the Delaware Department of Transportation which confirms that the
Delaware Department of Transportation does not object to the proposed
off-premises sign.
C.
See the general regulations for all districts
for signs exceeding 32 square feet.
D.
Permitted sign locations are marquee, projecting,
wall and/or ground.
A.
No sign, unless herein excepted, shall
be erected, constructed, structurally altered or relocated, except
as provided in this article and in these regulations, until a permit
has been issued by the Director.
(1)
Before any permit is issued, an application
provided by the Director shall be filed, together with a set of drawings
and/or specifications, to fully advise and acquaint the Director with
the location, construction, materials, manner of illuminating and/or
securing or fastening and number of signs applied for.
(2)
All signs shall be erected on or
before the expiration of six months from the date of issuance of the
permit; otherwise, the permit shall become null and void, and a new
permit shall be required.
(3)
Fees.
[Amended 10-11-2016 by Ord. No. 2470[1]]
(a)
Fees for sign permits shall be in
accordance with the adopted schedule, a copy of which is maintained
in the office of the Director.
(b)
A construction permit shall be charged
at a rate of $0.65 per square foot, with a minimum charge of $32 per
sign for signs larger than 32 square feet.
(c)
Annual fees shall be charged at a
rate of $0.32 per square foot, with a minimum charge of $32 per sign
for signs larger than 32 square feet. A one-time fee of $10 will be
charged for signs 32 square feet or smaller.
[1]
Editor's Note: This ordinance also repealed
former Subsection A(4), Fees, which immediately followed.
B.
The following signs may be erected or constructed
without a permit but in accordance with structural and safety requirements:
(1)
Signs erected by or required to be
erected by any governmental agency.
(2)
Changing of the copy on a bulletin
board, display encasement, poster board or marquee.
(3)
Temporary nonilluminated signs, not
exceeding 32 square feet of sign area per side, advertising real estate
for sale or lease or announcing contemplated improvements of real
estate and located on the premises, with no more than two sides or
facings, with one such sign for each street frontage; provided, however,
that no temporary real estate sign for the sale, rental, or lease
of a single dwelling in a recorded subdivision shall exceed 10 square
feet of sign area per side.
[Amended 10-11-2016 by Ord. No. 2470]
(4)
Temporary nonilluminated signs, not
exceeding 32 square feet of sign area per side erected in connection
with new construction work and displayed on the premises during such
time as the actual construction work is in progress, with one such
sign for each street frontage with no more than two sign faces, provided,
however, that no temporary sign for new construction work on a single
dwelling in a recorded subdivision shall exceed 10 square feet of
sign area per side.
[Amended 10-11-2016 by Ord. No. 2470]
(5)
Instructional signs, nonilluminated.
(6)
Nonilluminated signs, not exceeding
eight square feet in area with letters not exceeding one foot in height,
painted, stamped, perforated or stitched on the surface area of an
awning, canopy, roller curtain or umbrella.
(7)
Temporary nonilluminated portable
signs, not exceeding six square feet of sign area per side and not
exceeding two sign faces, back to back, in a commercial or industrial
district, with one sign for each 50 feet of street frontage.
[Amended 10-11-2016 by Ord. No. 2470]
(8)
Signs on a truck, bus or other vehicle
while in use in the normal course of business. This section should
not be interpreted to permit parking of a vehicle, which has signs
attached, primarily for advertising display purposes.
(9)
Signs advertising a special civic
or cultural event such as a fair or exposition, play, concert or meeting
sponsored by a governmental or charitable organization.
(10)
Special decorative displays used
for holidays, public demonstrations or promotion for nonpartisan civic
purposes.
(11)
Signs in connection with any candidate
for elected office, special election or referendum issue may be erected
and maintained, provided that the size of any such sign is not in
excess of 32 square feet of sign area per side sign face and shall
contain no more than two sign faces, back to back. Any such sign shall
not be erected more than 90 days prior to any contested election or
referendum and removed within 30 days after the election or referendum
date.
[Amended 10-11-2016 by Ord. No. 2470]
C.
An application for any sign exceeding 32
square feet in any district must also be made to the State of Delaware
Outdoor Advertising, Department of Highways and Transportation. This
Department, under authority of Title 17 of the Delaware Code, will
also govern all signs exceeding 32 square feet in Sussex County in
conjunction with the zoning authority of Sussex County pursuant to
this chapter.
D.
Applications for unusual signs or displays
which give rise to questions of interpretation of these regulations
may be referred by the Director to the Board of Adjustment for the
purpose of interpretation by the Board and recommendation for action
on the application by the Director.
E.
Permitted on-premises signs for any nonconforming
business, commercial or industrial use in a residential district or
any conditional use or special use exception of a business, commercial
or industrial character shall consist of those signs permitted in
a B-1 District.
F.
Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of Article XXVI governing nonconforming uses.
G.
The owner of the premises shall be responsible
for any violation of these regulations.
H.
All signs shall be maintained in good condition
and appearance. After due notice has been given as provided below,
the Director may cause to be removed, at the owner's expense, any
sign which shows gross neglect or becomes dilapidated.
I.
The Director shall remove or cause to be
removed any sign erected or maintained in conflict with these regulations
at the expense of the owner of the sign, the owner of the real property
from which the illegal sign has been removed, and the owner of the
entity whose business or development is being promoted or advertised
by the illegally placed sign. Removal of a sign by the Director or
his designee shall not affect any fines instituted under this article
or any legal proceeding instituted against the violator prior to removal
of such sign.
[Amended 10-11-2016 by Ord. No. 2470]
J.
No sign which is not an integral part of
the building design shall be placed on the roof of a building, and
no projecting sign shall extend over or above the roofline or parapet
wall of a building.
K.
Except as provided in § 115-159.5, no sign shall exceed 25 feet in height above ground level.
[Amended 10-11-2016 by Ord. No. 2470]
L.
Nothing contained within the provisions
of this article shall be construed to prohibit banner signs towed
by airplanes or any type of sign towed by boats.
M.
Any person or corporation who shall violate
any of the provisions of this article or fail to comply therewith,
or with any of the requirements thereof, or who shall build or alter
any sign in violation of any detailed statement or plan submitted
and approved hereunder, shall be guilty of a misdemeanor or of a civil
offense and shall be liable to a fine of not less than $100 nor more
than $1,000 or be imprisoned not more than 10 days, or both, and each
and every day such violation shall continue shall be deemed a separate
offense. The Director or its designee, any other Code Enforcement
Official or attorney hired or retained by Sussex County shall bring
charges of any violation pursuant to this provision in a court of
competent jurisdiction of the State of Delaware in and for Sussex
County, which court shall have original jurisdiction for such matters.
The minimum fine of $100 is mandatory and is not subject to suspension
or reduction. Each day on which the violation continues shall be considered
a separate offense.
[Added 10-11-2016 by Ord. No. 2470]
N.
After due notice has been given, the Director
may cause to be removed, at the expense of the owner of the sign,
the owner of the real property from which the illegal sign was removed,
and the business or development being promoted or advertised by the
sign, the sign face of any abandoned on-premises sign. Removal of
a sign face by the Director or his designee shall not affect any fines
instituted under this article or any legal proceeding instituted against
the violator prior to removal of such sign face. Sussex County will
be free to dispose of all removed illegal sign faces and shall not
be held liable for doing so. Sussex County will collect a disposal
fee of $100 per sign face.
[Added 10-11-2016 by Ord. No. 2470]
A.
Construction of signs. All newly erected,
rebuilt or replaced sign structures shall be constructed to withstand
a minimum wind pressure of 25 pounds per square foot.
B.
Lighting of signs.
(1)
Signs which are not effectively shielded
as to prevent beams or rays of light from being directed at any portion
of any roadway or residential area and which are of such intensity
or brilliance as to cause glare or to impair the vision of any resident
or the driver of any motor vehicle or which otherwise interfere with
any driver's operation of a motor vehicle are prohibited.
(2)
No sign shall be so illuminated that
it interferes with the effectiveness of or obscures an official traffic
sign, device or signal.
(3)
All lighting shall be subject to
provisions relating to lighting of signs presently applicable to all
highways under the jurisdiction of the State of Delaware.
(4)
Signs that have external illumination,
whether the lighting is mounted above or below the sign face or panel,
shall have lighting fixtures or luminaires that are shielded to focus
light only on the sign.
[Added 10-11-2016 by Ord. No. 2470]
(5)
All illuminated signs, including
electronic message centers, must comply with the following maximum
luminance standards:
[Added 10-11-2016 by Ord. No. 2470]
(a)
No illuminated sign, including electronic
message centers, shall have a maximum luminance level greater than
750 cd/m2 or nits at least 1/2 hour before
apparent sunset, as determined by the National Oceanic and Atmospheric
Administration (NOAA), United States Department of Commerce, for the
specific geographic location and date. All illuminated signs must
comply with this maximum luminance level throughout the night, if
the sign is energized, until apparent sunrise, as determined by the
NOAA, at which time the sign may resume luminance levels appropriate
for daylight conditions, when required or appropriate.
(b)
No illuminated sign, including electronic
message centers, shall have a maximum illuminance level greater than
0.3 footcandle above ambient light, as measured using a footcandle
meter, or similar technology, at a preset distance. Preset distances
to measure the footcandle impact vary with expected viewing distances
of each sign size. Measurement distance shall be based upon the sign
area using the following formula:
|
Sign Area
(in square feet)
|
Measurement Distance
(in feet)
|
|---|---|
|
10
|
32
|
|
50
|
71
|
|
100
|
100
|
|
200
|
141
|
|
300
|
173
|
|
NOTES:
| |||
|
For signs with a sign area in square
feet other than those measurements specifically listed in the table
above, the measurement distance shall be calculated with the following
formula:
| |||
|
Measurement Distance =
|
 |
Sign Area in Square Feet x 100.
| |
[Added 10-11-2016 by Ord. No. 2470]
A.
On-premises electronic message centers:
(1)
In the B-1 (Neighborhood Business), B-2 (Business Community), B-3 (Business Research), M (Marine) and UB (Urban Business) Districts, the ground sign permitted in § 115-159.4A(4) may be an on-premises electronic message center, provided that only one on-premises ground sign, whether it is a static sign or an electronic message center, is permitted per street or road frontage per parcel and that the sign area shall not exceed 200 square feet per side. In addition, the on-premises signs permitted in § 115-159.4A(5) may be electronic message centers.
[Amended 2-27-2018 by Ord. No. 2550]
(2)
In the C-1 (General Commercial), CR-1 (Commercial Residential), C-2 (Medium Commercial), C-3 (Heavy Commercial), C-4 (Planned Commercial), C-5 (Service/Limited Manufacturing) and I-1 (Institutional) Districts, the ground sign permitted in § 115-159.5A(4) may be an on-premises electronic message center, provided that only one on-premises ground sign, whether it is a static sign or an electronic message center, is permitted per street or road frontage per parcel and that the sign area shall not exceed 200 square feet per side. In addition, the on-premises signs permitted in § 115-159.5A(5) may be electronic message centers.
[Amended 2-27-2018 by Ord. No. 2550]
(3)
On-premises electronic message centers
shall be prohibited in the AR-1 and AR-2 (Agricultural Residential),
GR (General Residential), MR (Medium Density Residential), UR (Urban
Residential), HR-1 and HR-2 (High Density Residential) Zoning Districts
unless specifically permitted as part of a conditional use.
(4)
An on-premises electronic message
center which has a sign area of less than or equal to 100 square feet
shall not be erected within 50 feet of an off-premises sign. If the
sign area of an on-premises electronic message center is greater than
100 square feet, the separation distance requirement from the on-premises
electronic message center and the off-premises sign shall be equal
to 50 feet plus one foot of separation distance for each one square
foot of sign area of the on-premises electronic message center in
excess of 100 square feet. The separation distance shall be measured
on a radius from the edge of the on-premises electronic message center.
No variances from this regulation are permitted.
(5)
An on-premises electronic message
center may use the following display features and functions of electronic
message centers: images and frame effects that appear or disappear
from the display through dissolve, fade, flip, or window shade movements.
Continuous scrolling left or right, live action or streaming video
and flashing messages shall not be permitted.
B.
Off-premises electronic message centers:
(1)
In the C-1 (General Commercial), CR-1 (Commercial Residential), C-3 (Heavy Commercial), C-4 (Planned Commercial), C-5 (Service/Limited Manufacturing), LI-1 (Limited Industrial), LI-2 (Light Industrial) and HI-1 (Heavy Industrial) Districts, an off-premises sign may be an electronic message center, provided that the owner obtains a special use exception pursuant to § 115-80C and complies with the regulations for off-premises signs pursuant to § 115-159.5.
[Amended 2-27-2018 by Ord. No. 2550]
(2)
Off-premises electronic message centers
shall be prohibited in the AR-1 and AR-2 (Agricultural Residential),
GR (General Residential), MR (Medium Density Residential), UR (Urban
Residential), HR-1 and HR-2 (High Density Residential) Zoning Districts.
(3)
For all off-premises electronic message
centers which are located on properties adjacent to roads which have
less than four travel lanes (excluding turn lanes), an off-premises
electronic message center shall not be erected within 1,200 feet of
another off-premises electronic message center. This separation distance
shall be measured from the edge of the off-premises electronic message
center and shall apply only to signs which are located on the same
side of the road.
(4)
For all off-premises electronic message
centers which are located on properties adjacent to roads which have
four or more travel lanes (excluding turn lanes), an off-premises
electronic message center shall not be erected within 2,500 feet of
another off-premises electronic message center. This separation distance
shall be measured from the edge of the off-premises electronic message
center and shall apply only to signs which are located on the same
side of the road.
(5)
Off-premises electronic message centers
shall be prohibited from using display features and functions of the
signs, including, but not limited to, the following: animation, flashing,
streaming or real-time video, fading, dissolving, continuous scrolling
and/or traveling, spinning, rotating, and similar moving effects,
and all dynamic frame effects or patterns of illusionary movement
or simulating movement. For off-premises electronic message centers,
the transition time between messages or message frames is limited
to one second.
C.
Electronic message centers: The following
regulations shall apply to all electronic message centers.
(1)
An electronic message center may
be changed at intervals by electronic or mechanical process or remote
control, provided that:
(a)
On an off-premises electronic message
center, each message remains fixed for a minimum of at least 10 seconds.
(b)
On an off-premises electronic message
center, when the message is changed, the change must be accomplished
in one second or less, with all moving parts or illumination changing
simultaneously and in unison.
(c)
An electronic message center shall
contain a default design that will freeze the sign in one position,
shut down, or show a full black image on the display if a malfunction
occurs that affects at least 50% of the sign face.
(d)
Except as otherwise provided in this
article, an electronic message center may not contain or display any
lights, effects, or messages that flash, move, appear to be animated
or to move, scroll, or change in intensity during the fixed display
period.
(e)
An electronic message center shall
appropriately adjust display brightness as ambient light levels change
and shall have automatic dimming controls, either by photocell, hardwire,
or software settings, in order to bring the lighting level at night
into compliance with sign illumination standards set forth in this
article.
(f)
An owner who seeks a building permit
or a special use exception for an electronic message center shall
provide documentation at the time of application which demonstrates
that the sign shall appropriately adjust display brightness as ambient
light levels change and shall have automatic dimming controls, either
by photocell, hardwire, or software settings, designed to bring the
lighting level at night into compliance with sign illumination standards
set forth in this article.
(g)
A sign that attempts or appears to
attempt to direct the movement of traffic or which contains wording,
color, shapes, or likeness of official traffic control devices is
prohibited.
(h)
No electronic message center shall
emit any audio or verbal announcement or noises of any kind.
(2)
No variances shall be permitted from
the regulations for any electronic message center.
[Added 10-11-2016 by Ord. No. 2470]
A.
A nonconforming off-premises sign may remain and be periodically maintained as a permitted nonconforming structure unless abandoned or intentionally removed. However, in no case may such signs be expanded. A nonconforming sign may be reconstructed or re-erected, provided that it meets the standards set forth in § 115-161.2D.
B.
Conversion of nonconforming off-premises signs to off-premises electronic message centers is prohibited, unless the applicant is replacing two or more nonconforming off-premises signs with a single electronic message center. Any off-premises electronic message center created through conversion under this subsection must comply with height and size requirements set forth in § 115-159.5. No variances from the height and size requirements shall be permitted.
C.
If a nonconforming off-premises sign is
damaged by any natural causes, such as fire, wind, or flood, it may
be repaired or reconstructed and used as before the time of the damage,
provided that such repairs or reconstruction are substantially completed
within 12 months of the date of such damage. Any nonconforming off-premises
sign which is repaired or reconstructed under this subsection shall
use the same type of structure as the prior nonconforming off-premises
sign.
D.
Provided that the owner obtains all necessary variances from the Board of Adjustment pursuant to § 115-211, an owner of a nonconforming off-premises sign may replace a nonconforming off-premises sign with a new off-premises sign which does not comply with separation distance or setback requirements. As part of a variance request for a nonconforming off-premises sign under this section, the Board of Adjustment shall consider whether the overall nonconformity is substantially reduced by the installation of the replacement sign. Any replacement off-premises sign must comply with the height and size requirements set forth in § 115-159.5. No variances from the height and size requirements shall be permitted.
[Added 10-11-2016 by Ord. No. 2470]
The owner of any sign that is otherwise
allowed under this article may substitute noncommercial copy in lieu
of any other commercial or noncommercial copy. This substitution of
copy may be made without any additional approval or permitting. The
purpose of this section is to prevent any inadvertent favoring of
commercial message over any other noncommercial messages. This provision
prevails over any more specific provision to the contrary. This provision
does not create the right to increase the total amount of signage
on a parcel or allow the substitution of an off-premises commercial
message in place of an on-premises commercial message.
[Added 10-11-2016 by Ord. No. 2470]
If any portion of this article, section,
or subdivision thereof shall be declared unconstitutional or in violation
of the general laws of this state, such declaration shall not affect
the remainder of this article, which shall remain in full force and
effect.
