[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.
[1]
Editor's Note: This ordinance also renumbered former § 115-157 as § 115-157.1.
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. 
General.
ABANDONED OFF-PREMISES SIGN
A sign that, for six months or more, no longer:
[Added 10-11-2016 by Ord. No. 2470]
(1) 
Directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is maintained; and
(2) 
No longer markets, advertises, or promotes the sign for sale or rent.
ABANDONED ON-PREMISES SIGN
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]
ANIMATED SIGN
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]
(1) 
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.
(2) 
Mechanically activated: animated signs characterized by repetitive motion or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
(3) 
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:
(a) 
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.
(b) 
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.
CANDELA
The basic unit of measurement of light in SI (metric) units.
[Added 10-11-2016 by Ord. No. 2470]
CANDELA PER SQUARE METER (cd/m2)
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]
DISSOLVE
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]
FADE
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]
FOOTCANDLE
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]
FRAME
A complete stationary display screen on an electronic message center.
[Added 10-11-2016 by Ord. No. 2470]
FRAME EFFECT
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]
GROUND LEVEL
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]
ILLUMINANCE
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]
INDIRECTLY ILLUMINATED SIGN
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.
LUMINANCE
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]
LUX
The SI (metric) unit for illuminance. One lux equals 0.093 footcandle.
[Added 10-11-2016 by Ord. No. 2470]
MULTIFACED SIGN
A sign with two or more facings.
NIT
A photometric unit of measurement referring to luminance. One nit is equal to one cd/m2.
[Added 10-11-2016 by Ord. No. 2470]
PUBLIC LAND
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]
SCROLL
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]
SETBACK
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.
SI (INTERNATIONAL SYSTEM OF UNITS)
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]
SIGN
A structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction.
SIGN AREA
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]
SIGN COPY
The physical sign message, including any words, letters, numbers, pictures, logos, and symbols.
[Added 10-11-2016 by Ord. No. 2470]
SIGN FACE
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]
SIGN STRUCTURE
Any structure designed for the support of a sign.
[Added 10-11-2016 by Ord. No. 2470]
STREET LINE
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.
TRANSITION
A visual effect used on an electronic message center to change from one message to another.
[Added 10-11-2016 by Ord. No. 2470]
TRAVEL
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. 
Type.
BULLETIN BOARD
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]
CHANGEABLE SIGN
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]
(1) 
Manually activated: a changeable sign whose message copy or content can be changed manually on a display surface.
(2) 
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.
DIRECTIONAL SIGN
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.
ELECTRONIC MESSAGE CENTER
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]]
INSTRUCTIONAL SIGN
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.
NONCONFORMING OFF-PREMISES SIGN
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]
NONCONFORMING SIGN
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]
OFF-PREMISES ELECTRONIC MESSAGE CENTER
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]
OFF-PREMISES SIGN
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.
ON-PREMISES ELECTRONIC MESSAGE CENTER
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]
ON-PREMISES SIGN
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]
PORTABLE SIGN
A movable sign not to exceed 32 square feet in area.
TEMPORARY SIGN
A sign which is erected for a time limit not to exceed six months.
V SIGN
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. 
Location.
GROUND SIGN
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.
ILLUMINATED AWNING SIGN
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.
MARQUEE SIGN
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:
(1) 
They shall not project more than 18 inches beyond the marquee faces or edges.
(2) 
They shall in no instance be lower than 8 1/2 feet above the walkway or thoroughfare or sidewalk.
(3) 
They shall in no instance exceed 32 square feet in area.
PROJECTING SIGN
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:
(1) 
No projecting sign shall project or extend more than 10 feet into or beyond a required building setback line.
(2) 
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.
(3) 
No projecting sign shall exceed in thickness of 18 inches as measured between the principal faces of any projecting sign.
(4) 
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.
WALL SIGN
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:
(1) 
Signs permitted in all districts as referenced by § 115-159.
(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:
(1) 
Signs permitted in all districts as referenced by § 115-159.
(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:
(1) 
Signs permitted in all districts as referenced by § 115-159.
(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:
(1) 
Signs permitted in all districts as referenced in § 115-159.
(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:
(1) 
Signs permitted in all districts as referenced in § 115-159.
(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.
(6) 
Except as otherwise permitted in § 115-161.2, no variances shall be issued from any of the regulations in this article for off-premises signs which have been erected or approved to be erected after August 1, 2016.
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 =
115d square root.tif
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.