A.

With regard to Section 40.06.060 Schedule of Sign Restrictions, the following rules shall govern:

1.

Neighborhood Conservation (NC), Suburban Reserve (SR), Suburban Estate (SE), Suburban (S), Suburban Transition (ST), and Traditional Neighborhood (TN) districts shall all be considered residential districts.

2.

Commercial Neighborhood (CN) shall be considered the same as former Code C-1.

3.

Commercial Regional (CR) shall be considered the same as former Code C-2 or C-3.

4.

Office Neighborhood (ON) shall be considered the same as former Code O-1.

5.

Office Regional (OR) shall be considered the same as former Code O-2.

6.

Business Park (BP), Industrial (I) and Heavy Industrial (HI) shall be considered the same as M-1, M-2 and M-3.

7.

Commercial or employment areas in hamlets and villages, or commercial areas in a TN District shall be considered as business districts and regulated as C-1 Districts.

8.

All signs in TN Districts shall be limited more strictly pursuant to the design guidelines which are required as part of the plan approval process in order to meet the character of the area.

B.

Signs in the State right-of-way are regulated by 17 Del. C. §§ 1107 (Prohibition on advertising within right-of-way of any highway) and 1108 (Location and condition of advertising).

(Ord. No. 97-172, § 3(ch. 13, div. 06.000), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, div. 06.000), 9-22-1998; Ord. No. 01-026, § 1, 5-22-2001; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Notwithstanding any other section in this Chapter, no sign shall be permitted, erected or used in any district except as permitted in this Article. Where other sign or outdoor advertising regulations are in effect and are more restrictive than the sections of this Article, the more restrictive sections shall prevail. The provisions of 17 Del. C.ch. 11 (Regulation of outdoor advertising) are hereby incorporated by reference, as if fully set out in this Article, and shall be enforceable as violations of this Article.

(Code 1983, § 23—73.6; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

All definitions appearing in Article 33 shall be applicable to this Article, except to the extent of inconsistency with any definition appearing in this Section. For the purposes of this Article, the following words, terms and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Bulletin board means a 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.

Copy area includes the entire sign area, excluding trim, moldings, battens, cappings and nailing strips.

Cutout means an appendage to a sign extending outside of the regular square or rectangular sign area. The area of a cutout shall not exceed ten (10) percent of the sign area. Cutouts shall be included in sign area calculations for the purposes of this Article, except in manufacturing districts.

Electronic variable message sign (EVMS) means a sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.

Ground sign means a detached sign which shall include any sign supported by uprights, pylons, poles or braces placed upon or in or supported by the ground and not attached to any building.

Identification means a sign necessary to and located on the same premises as the business for which it advertises, such sign indicating the name of the business, the principal product or service and/or logo. Noncommercial signs which contain ideological, religious or political thoughts or messages shall be considered identification signs.

Instructional means a sign conveying instructions with respect to the premises on which it is maintained, such as the entrance or exit of a parking area, a trespassing sign, a danger sign and similar signs.

Marquee means any hood, canopy, awning or permanent construction projecting from the wall of a building above an entrance or existing over a thoroughfare, walkway or sidewalk.

Marquee sign means a sign attached to a marquee used for notice, advertisement or announcement purposes.

Maximum aggregate means the total of the sign area of all signs located on a parcel, excluding wall signs.

Nameplate means a sign indicating the name, address, profession or occupation of an occupant or a group of occupants.

Off-premises advertising means a sign directing attention to a business, commodity, service or product which is not conducted, sold or offered upon the premises where the sign is located.

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.

Right-of-way means land maintained, dedicated or reserved for construction of a street, road, court, place, square or lane.

Roof sign includes any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure, subject to the requirements in the definition of wall sign.

Setback means a stated minimum distance on a lot as measured from the street line within which no signs may be erected.

Shopping center means a retail and/or service commercial development designed, built or used as an integrated use with more than one (1) tenant or occupant and characterized by common parking, access, landscaping and utilities.

Shopping center identification sign means an identification sign accessory to and on the same property as the shopping center for which it advertises and which contains the name of the shopping center, names of tenants and/or changeable copy.

Sign means and includes any writing, figure, representation, emblem, flag, three-dimensional figure or model, device, letter, word, street clock and temperature announcement, and shall include any announcement, declaration, demonstration, display, illustration, name, identification, description or insignia used to advertise or promote the interest of any person, group or business when such is viewed by the general public. This definition shall not include interior sign displays (i.e., signs in windows) whether or not visible by the general public. This definition shall include any sign placed upon a vehicle or trailer when the location of the vehicle or trailer is reasonably construed as being placed for the display of advertising matter.

Sign area, except as otherwise defined under Section 40.06.070C.1., includes the entire sign, together with all trim, moldings, battens, cappings and nailing strips which are attached and are part of the sign proper or incidental to its decoration. Sign area shall exclude a sign company or owner nameplate or logo located on the apron of the sign not more than one (1) square foot in area. When two (2) faces are placed back to back and are at no point more than sixty (60) inches from one another, the area of the sign shall be taken as the area of one face, if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. When two (2) faces are placed in a "V" configuration no more than sixty (60) inches apart at the closest point and at an angle not greater than forty-five (45) degrees, the area of the sign shall be taken as the area of one face, if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. "V"-configured signs shall be permitted only in manufacturing districts. Signs which are composed of letters, words 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 or representations.

Street frontage means the linear measurement of a parcel along a street line, private road or right-of-way to which the parcel abuts. Street frontage shall not include any frontage on a roadway with less than ten thousand (10,000) average daily traffic, as defined in the traffic summary prepared by the State Department of Transportation.

Street line means a property line of a lot coincident with the line indicating the limits of a right-of-way, existing or proposed.

Wall sign means any sign, not including a marquee sign or nameplate sign, erected against the wall of any building or displayed with the exposed face thereof in a plane parallel to the plane of the wall. Wall signs shall include any business or advertising matter painted directly upon any wall. The definition of wall sign shall include any sign erected, constructed or maintained upon or over the roof of any building, provided that the maximum height of the sign shall not exceed the highest point of the supporting roof.

(Code 1983, §§ 23—73.6; Code 1995, § 40-742; Ord. No. 03-077, § 1, 11-18-2003; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

Generally. General specifications for signs shall be as follows:

1.

All signs shall have permanent foundations or permanent attachments to building walls unless specifically permitted as a temporary sign.

2.

All signs erected must observe all setbacks, height and area restrictions of this Article.

3.

Signs must be maintained in proper, safe condition.

4.

The construction of all signs shall comply with applicable regulations of Chapter 6.

5.

Gooseneck reflectors and lights shall be permitted on ground signs, roof signs and wall signs, provided that the reflectors shall provide proper shielding so as to prevent glare upon adjacent residential property and rights-of-way.

6.

Notwithstanding any other sections of this Article, the maximum height above the ground for signs, including ground signs, roof signs and off-premise advertising signs, shall be limited by the height limitation for buildings in the zoning district in which the sign is erected or maintained, but no sign shall exceed forty-five (45) feet in height. Where a sign is oriented to an elevated roadway, the height of the sign shall be measured from the elevated road surface nearest the sign.

7.

Subject to a zoning permit, any permitted sign can be replaced provided:

a.

The replacement sign is of equal or lesser sign area than the existing sign;

b.

If a variance was received for the existing sign, any alteration would need to be consistent with the Board of Adjustment written decision; and

c.

The replacement sign is installed in the same location as the existing sign.

B.

Specifications by sign type. Specifications for sign types shall be as follows:

1.

Ground sign.

a.

Notwithstanding any other sections of this Article, no ground sign greater than thirty-five (35) square feet in area shall be permitted within twenty (20) feet of any residential zoning district, and no ground sign greater than fifty (50) square feet in area shall be permitted within forty (40) feet of any residential zoning district.

b.

Whenever two (2) or more ground signs are permitted to be placed side by side or abutting one another, the copy area of the signs shall be separated by at least sixteen (16) inches of space, trim, molding or border.

c.

All ground signs shall have permanent foundations, shall be level and shall be constructed according to specifications approved by the County with the application for a sign permit.

2.

Marquee sign. A marquee sign shall not:

a.

Project more than eighteen (18) inches beyond the marquee faces or edges.

b.

Be less than eight and a half (8½) feet above the walkway, street or grade.

3.

Projecting sign.

a.

A projecting sign may not project into the setback required for a ground sign.

b.

No projecting sign shall be permitted which obstructs or interferes or in any way becomes a hazard to the orderly movement of pedestrian or vehicular traffic.

c.

No projecting sign shall exceed in thickness eighteen (18) inches as measured between the principal faces of any projecting sign.

d.

No projecting sign or part thereof shall be placed closer than ten (10) feet above the sidewalk, public way, etc., over which it is erected nor shall any such sign or part thereof extend more than four (4) feet above the wall to which it is attached at the point of attachment.

4.

Roof sign.

a.

No roof sign shall be erected or maintained nearer than five (5) feet to the outside wall of the building on which it is maintained.

b.

Roof signs shall observe all building setbacks, with no exception made for buildings with nonconforming setbacks.

c.

No roof sign shall be oriented toward any residential use.

5.

Wall sign.

a.

A wall sign may not extend more than eighteen (18) inches from the wall to which it is attached.

b.

A wall sign may not extend beyond the wall to which it is attached.

c.

A wall sign may be erected on a building wall which is nonconforming with respect to required setbacks, provided that such wall sign does not extend or project more than six (6) inches beyond a street line or more than six (6) inches into a required right-of-way or walkway.

6.

Electronic variable message sign (EVMS).

a.

An electronic variable message sign may be substituted in lieu of other permitted signs pursuant to Section 40.06.060, Schedule of Sign Restrictions.

b.

Portable or temporary EVMS are prohibited.

c.

The EVMS shall be further restricted by the additional standards in this subsection and the lighting standards in Section 40.22.750.

d.

With the exception of off-premises advertising signs, each EVMS is restricted to no more than fifty (50) square feet of sign area including where the overall sign is partly static signage and partly EVMS and is greater than fifty (50) square feet in total, and shall not be located within seventy-five (75) feet of any residential use. EVM off-premises advertising signage shall be subject to the standards set forth in Section 40.06.070. The setback shall include any right-of-way and shall be measured from the property line to the sign structure.

e.

With the exception of EVM off-premises advertising signs, the message displayed on the EVMS shall remain fixed for a minimum of thirty (30) minutes. The message displayed on EVM off-premises signage shall remain fixed for a minimum of ten (10) seconds.

f.

The following standards shall apply to all EVMS:

i.

When the message is changed, the transition time between messages shall be instantaneous and without special effects such as dissolving, spinning, or fading in/out;

ii.

The EVMS shall contain a default design that will freeze the sign in one (1) position if a malfunction occurs or in the alternative shut down; and

iii.

With the limited exceptions allowable during a public emergency as addressed in Subsection f., the EVMS shall not display any message that moves, appears to move, scrolls, or changes in intensity during the fixed display period.

iv.

Prior to the issuance of a zoning permit, the applicant for an EVM sign shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed five thousand (5,000) nits and that the intensity level is protected from end-user manipulation by password-protected software. No sign may be brighter than is necessary for clear and adequate visibility and shall not exceed a maximum of five thousand (5,000) nits during daylight hours and two hundred fifty (250) nits during nighttime hours. All EVM signs must be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions. For purposes of this subsection a "nit" is a unit of visible light intensity commonly used to specify the brightness of a cathode ray tube, liquid crystal display, or LED device. The standard of luminance is measured as candela per square meter (cd/m ² ).

g.

EVM off-premises advertising signs, in addition to being subject to the standards for off-premises advertising signs in Section 40.06.070, are subject to the additional location and spacing restrictions as set forth below:

i.

EVM off-premises advertising signs shall only be located on and be oriented to interstate highways: I-95, I-295 and I-495; and state highway US-13 NB between SR-273 and US-40.

ii.

EVM off-premises advertising signs along the same roadway and facing the same direction of travel shall not be located within two thousand five hundred (2,500) feet of another EVM off-premises advertising sign or within five hundred (500) feet of a static off-premise advertising sign, as measured along the centerline of the roadway.

iii.

EVM off-premises advertising signs shall not be located within one thousand (1,000) feet of an interchange, an interstate junction of merging or diverging traffic, or an at-grade intersection. An at-grade intersection is defined for the purposes of this standard as any intersection of two (2) or more public streets or any signalized intersection of any public street with any ingress or egress from a nonresidential commercial use.

iv.

EVM off-premises advertising signs shall not be placed along designated byways.

v.

EVM off-premises advertising signs shall only be permitted as one (1) continuous sign and shall not be "double-stacked" or permitted as side-by-side signs.

vi.

EVM off-premises advertising signs shall not display sequential messages that continue on a subsequent message.

vii.

Prior to the issuance of a zoning permit, the applicant for an EVM off-premises advertising sign shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed seven thousand five hundred (7,500) nits and that the intensity level is protected from end-user manipulation by password-protected software. No sign may be brighter than is necessary for clear and adequate visibility and shall not exceed a maximum of seven thousand five hundred (7,500) nits during daylight hours and one thousand (1,000) nits during nighttime hours. All EVM off-premises advertising signs must be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions. For purposes of this Subsection a "nit" is a unit of visible light intensity commonly used to specify the brightness of a cathode ray tube, liquid crystal display, or LED device. The standard of luminance is measured as candela per square meter (cd/m ² ).

viii.

Except as otherwise permitted pursuant to Section 40.06.030.6.a., an applicant for a new EVM off-premises advertising sign shall cause and show proof of the removal of one (1) existing static off-premises advertising sign within the unincorporated area of the County prior to the issuance of the permit for the new EVM off-premises advertising sign. If the new EVM off-premises advertising sign replaces an existing static sign, then no additional sign shall be removed.

h.

EVM signs may be used to display a public emergency announcement which includes weather alerts, national and local security events, Amber Alert's, and the like. In the event of a public emergency, announcements may scroll continuously until the public emergency message is no longer necessary. A public emergency announcement is not intended to include messages related to fire company social events, fire company annual meetings, National Fire Safety Week, time to change smoke and fire detector batteries, and other similar messages. It is strongly encouraged that owners of EVM off-premise advertising signs dedicate five (5) percent of the total time the sign is in operation per day to public service announcements.

i.

The owner, operator or lessee responsible for programming, operating and controlling the EVMS for a zoning permit shall certify in writing to the Department that the message (except for public emergency announcements) to be displayed on the sign shall remain static and shall not flash or scroll at any time and that the message will remain unchanged for the applicable minimum durational time.

j.

With the limited exceptions allowable during a public emergency as addressed in Subsection f., an EVMS shall not be used to attempt, or appear to attempt, to direct the movement of traffic or contain wording, color, shapes or likenesses of official traffic control devices.

(Code 1983, §§ 23-73.6; Code 1995, § 40-743; Ord. No. 03-077, § 2, 11-18-2003; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 05-064, § 1, 10-11-2005; Ord. No. 07-070, § 1, 11-13-2007; Ord. No. 08-056, § 1, 12-9-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 19-072, § 1, 10-22-2019; Ord. No. 22-072, § 5, 10-11-2022)

A.

Signs permitted without limitation: The following signs shall be permitted in all districts:

1.

Signs indicating public transportation stops.

2.

Instructional signs giving information strictly for the purpose of direction, safety or convenience of the general public such as signs which identify public rest areas, public parking areas, entrances or exits, loading and no loading and the like, not to exceed four (4) square feet in surface area and must be set back at least two (2) feet from street lines.

3.

Warning signs and no trespassing signs.

4.

Memorial plaques, corner stones, historical tablets.

5.

Signs required to be posted by law.

6.

Signs established by duly constituted governmental authorities, including but not limited to, traffic regulation signs, public notice signs and signs required to be maintained or posted by law or government order, rule or regulation.

7.

Flags or emblems of governmental, educational or religious organizations.

8.

Signs posted in conjunction with doorbells or mailboxes, not exceeding seven (7) square inches in surface area.

9.

Address signs, not more than one (1) for each principal building or use on a premises and not exceeding one hundred sixty (160) square inches in surface area, showing only the numerical address designations of the premises upon which they are maintained.

10.

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.

11.

Permanent subdivision identification signs not exceeding twenty (20) square feet in area maintained on private property not to exceed one (1) per each street frontage.

12.

Noncommercial signs relating to ideological, religious or political thought, provided they do not exceed thirty-two (32) square feet in area.

B.

Real estate sign. A temporary sign(s) indicating the sale, rental or lease of a structure or property, limited to the following three (3) types:

1.

Lot-premises sign. A sign conveying instructions with respect to the sale or rental of a lot, premises, dwelling, structure or a combination thereof on which it is maintained shall be permitted in all districts, with the following limitations:

a.

Maximum six (6) square feet in area.

b.

Minimum fifteen (15) feet setback from a street line.

c.

One (1) permitted per each street frontage on which the premises abuts.

d.

Except real estate signs maintained in office, commercial and manufacturing districts, which may be erected in accordance with the following:

i.

Maximum sixty-four (64) square feet in area.

ii.

Minimum forty (40) feet setback from a street line.

iii.

One (1) permitted per each street frontage on which the premises abuts.

2.

Development sign. A sign advertising the sale or rental of structures under construction upon the land which is under development permissible in all zoning districts but limited to the following:

a.

Maximum sixty-four (64) square feet in area in residential zones. Maximum one hundred (100) square feet in area in all other districts.

b.

Minimum setback from the street line shall be the minimum distance required for the zoning district in which the sign is located.

c.

One (1) sign permitted per each street frontage on which the premises abuts.

3.

Open house sign. A sign advertising the time and location of an "open house" for the inspection of a property for sale or rent, or a directional sign(s) for such open house, permitted in all districts. Each open house sign is limited to a maximum sign area of no more than six (6) square feet.

C.

Temporary sign. Any sign to be placed on a lot for a limited period of time to advertise for a grand opening, special event, sale and the like shall be permitted in any zoning district, subject to the following limitations.

1.

A permit may be issued by the Department for a period not to exceed one (1) month in any calendar year.

a.

Maximum sign area is fifty (50) square feet in area.

b.

Maximum ten (10) feet in height at the highest point.

c.

Minimum twenty-five (25) foot setback.

d.

Appropriate fees are paid.

2.

Any temporary sign for a period exceeding one (1) month shall be permitted by special use from the Board of Adjustment, provided the following conditions are met:

a.

The sign is necessary for the length of time requested.

b.

There will be no adverse effects on adjacent properties.

c.

The sign will not interfere with vehicular or pedestrian movement.

d.

Setback of twenty-five (25) feet.

e.

Limited to one (1) year duration.

f.

The Board of Adjustment may impose reasonable conditions.

g.

Appropriate fees are paid in addition to hearing costs associated with the Board of Adjustment application.

D.

Construction signs. A temporary sign identifying those engaged in construction, limited to the following:

1.

Maximum sixty-four (64) square feet in area.

2.

Minimum twenty-five (25) foot setback from a street line.

3.

One (1) permitted per each street frontage with a maximum of two (2) signs per construction site.

4.

Shall be permitted only while construction is actually in progress and shall be removed upon determination by the County that construction is completed.

E.

Prohibited signs. The following signs shall be prohibited:

1.

Signs which flash by means of either nonelectric or electric mechanism or current. Any sign mechanism or representation which sparkles, glitters or twinkles, or by any product which produces intermittent reflection of rays of light, or by rotation which produces the effect of reflection. Electronic variable message signs (EVMS) are included in this prohibition, except where specifically permitted by Section 40.06.030 B.6. Date, time and temperature signs are excepted from this prohibition; provided that each message (time, temperature, and/or date only) shall remain fixed for a minimum of at least ten (10) seconds; and, further provided that the standards in Subsections 40.06.030 B.6.d.i, ii, and iii shall apply.

2.

Moving, movable or animated signs except as specifically permitted in Subsection E.1.

3.

Stereopticon or motion picture mechanism in conjunction with any outdoor advertising structure, accessory sign or advertising statuary used in such a manner as to permit or allow the images to be visible from any public street or sidewalk.

4.

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable sounds.

5.

Signs which emit visible smoke, vapor, particles or odor.

6.

Signs erected in such a manner as to obstruct free and clear vision or, by reason of the position, shape or color, may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of words "stop," "look," "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse vehicular traffic.

7.

Signs erected, constructed or maintained so as to obstruct or be attached to any firefighting equipment, windows, doors or openings used as a means of ingress or egress or for firefighting purposes, or placed so as to interfere with any opening required for proper light and ventilation.

8.

Flags, banners or twirling, A-type, sandwich type, sidewalk or curb signs and balloons or other air- or gas-filled figures.

9.

Outdoor advertising of any kind or character where any live animal or person used as part of the advertising is visible from any public street or public place.

10.

Any sign depicting specified sexual activities or specified anatomical areas as defined by Article 33.

11.

Any sign using obscene or offensive language.

12.

Any sign mounted upon a motor vehicle or trailer when that vehicle or trailer is used primarily for the purpose of advertising.

13.

Notices, placards, bills, cards, posters, advertisements, or other signs mounted or placed in any fashion upon any lamppost, electric light, telegraph or telephone pole, hydrant, tree or tree box, or upon any piers or columns located on or along the public streets and highways of the County, except as such may be authorized or required by law.

(Code 1983, §§ 23—73.6; Code 1995, § 40-744; Ord. No. 03-077, § 3, 11-18-2003; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 07-070, § 2, 11-13-2007; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The Department shall inspect annually, or at such other times as deemed necessary by the Department, each sign maintained in the County for the purpose of ascertaining whether the same is secure or insecure and whether it is in compliance with this Article. Whenever the Department shall discover a sign required to be repaired or removed, the Department shall notify the appropriate person that such sign shall be repaired or removed within thirty (30) days, and if not repaired or removed, the Department shall remove the sign or take action to require prompt compliance with this Article. Where the owner of a sign is not known to the Department, notice may be made by posting upon the structure of the sign.

B.

For any permitted sign which is over one hundred fifty (150) square feet in area or over twenty-five (25) feet in height at its highest point, the Department may require review and approval of structural plans and designs, including the seal of a registered professional engineer licensed to practice in the State.

C.

All signs which employ electrical current of any means shall be reviewed and approved by the appropriate electrical inspector or agency empowered to operate in the State.

D.

The Department shall issue permits for signs which conform with this Article upon application by the owner or authorized agent of the property on forms to be supplied by the Department which detail the specifications of the sign, the setback and the zoning classification. The Department shall maintain records of all permits and fees issued pursuant to this Section. Issuance of a permit shall not estop the Department from challenging the conformance of a sign to the provisions of this Article.

1.

Every sign over twenty-eight (28) square feet in area, excluding wall signs, and every off-premises advertising sign, irrespective of size, erected or maintained shall have affixed to it in a conspicuous place thereon the permit issued by the Department, including the date of erection, the permit number, the voltage of any electrical apparatus used in connection therewith, and an annual inspection number as designated by the Department.

2.

The Department shall charge a fee for issuance of sign permits as specified in Chapter 6.

3.

Notwithstanding the definition of sign area in Section 40.06.020, for the purposes of this subsection, sign area shall be measured including both faces of signs placed back-to-back.

4.

Permits shall be required for all signs except the following types:

a.

Real estate sign, lot-premises type.

b.

Nameplate.

c.

Instructional.

d.

Temporary election sign.

E.

Nonconforming signs shall comply with the following:

1.

No legal nonconforming sign shall hereafter be relocated, replaced, removed, altered, or modernized unless it is in accordance with this Article.

2.

All signs legally existing that were rendered nonconforming on November 28, 1989 and which are located within greenways, shall be removed or brought into conformity by November 28, 1992.

3.

Owners of all signs legally existing that were rendered nonconforming on November 28, 1989 shall register such signs with the County by October 8, 1995. Signs not registered shall be deemed to have abandoned their nonconforming status and shall be brought into conformity immediately. Owners of signs seeking such nonconforming status shall submit with their registration proof satisfactory to the County that the sign legally existed prior to November 28, 1989.

4.

All nonconforming signs erected on or after November 28, 1989, shall be removed or brought into conformity with this Article immediately.

F.

Abandoned signs. When any sign advertises for a business or activity which is no longer conducted on the premises, it shall be removed within thirty (30) days of cessation of the business or activity. Such sign shall not be reused unless it complies with all requirements of this Article.

G.

Historic signs. Upon recommendation by the historic review board, the Board of Adjustment may grant variances to permit the continued use of signs made nonconforming by this Article. The granting of a variance is subject to a finding that the sign complies with the following criteria:

1.

The sign is at least twenty-five (25) years old.

2.

The sign is accessory to a use on the premises.

3.

The sign is structurally sound, in good repair or will be restored to its original condition.

4.

The original design and structural integrity of the sign is retained.

5.

The sign exhibits the craftsmanship involved in the use of materials such as wood, porcelain enamel, painted metal, stainless steel, aluminum, neon/glass tubing, or cararra/vitrolite glass.

6.

The sign is representative of the artistic or design style of a particular time period (e.g., art deco, streamline modern).

(Code 1983, §§ 23—73.6; Code 1995, § 40-745; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 19-072, § 1, 10-22-2019)

_____

Signs shall be permitted in accordance with the following regulations and in accordance with other applicable Sections of this Article:

1.

Residence districts.

a.

R-1, R-2, R-3, R-3-SD, R-3-G and R-4.

i.

Signs on premises of one- and two-family dwellings:

ii.

Signs on premises of churches, schools, colleges, hospitals, YMCA's and comparable organizations; local community recreation or civic association buildings; libraries; museums; art galleries; golf courses; country and swimming clubs; parks; playgrounds and similar uses; greenhouses; nurseries; garden centers; hospitals; aviation fields; cemeteries; camps; riding clubs or stables; social, fraternal, union, civic organizations; veterinary hospitals; rail or bus stations; roadside stands for agricultural products; day care centers:

iii.

Signs on premises of nursing homes, sanitariums and homes for the aged and similar uses:

iv.

Signs on premises of cemeteries and public lands:

b.

R-3 and R-4. Signs on premises of uses permitted under subsections 40-84(5—8) and under subsections 40-85(3—5):

2.

Office and Research O-1 and O-2 Office Districts. Signs on premises of office and office-research uses.

3.

Commercial zoning districts.

a.

C-1 Zoning District.

b.

C-2 and C-3 Zoning Districts.

4.

M-1, M-2, M-3 and EX manufacturing and extraction districts. Signs on premises of permitted uses:

5.

Publicly Conserved Lands & Parks (P) district.

a.

Wall sign area. Two (2) square feet per lineal foot of building wall to which it is attached (maximum two hundred (200) square feet).

b.

Ground sign.

(Code 1983, §§ 23-73.6; Ord. No. 19-072, § 1, 10-22-2019; Ord. No. 24-130, § 7, 3-25-2025)

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A.

Greenways. The County Council may by ordinance establish greenways, which shall be defined as strips of land six hundred sixty (660) feet on either side of the outermost edge of the right-of-way of all the roads, routes and waterways so designated, or such boundaries as are specifically delineated by ordinance of the council. In establishing such greenways, the County Council shall find that the area to be so designated meets the following standards:

1.

The area has unique scenic, historic or recreational character or value.

2.

The area is primarily residential or agricultural in character.

3.

Off-premises advertising signs are or would be an intrusion on the unique value of these areas and in conflict with the essential character of the area.

B.

Prohibitions. No off-premises advertising sign shall be permitted within the greenways established, and no off-premises advertising sign shall be erected oriented toward or situated to be observed from any greenway.

C.

Standards. The location, setback and permitted area for off-premises advertising signs shall be in compliance with the schedule of restrictions. In addition, all signs shall comply with the following:

1.

In C-2 and C-3 Zones, no off-premises sign shall exceed two hundred fifty (250) square feet in copy area. An additional fifty (50) square feet of trim, moldings, battens, cappings, nailing strips, latticing or platforms shall be permitted.

2.

In M-1, M-2 and M-3 Zones, no off-premises sign shall exceed sixty hundred seventy-two (672) square feet in sign area. No off-premises sign exceeding three hundred (300) square feet in area shall be located along a street or oriented towards any street with less than twenty-five thousand (25,000) average daily traffic as defined in the traffic summary prepared by the State Department of Transportation.

3.

No off-premises advertising sign shall be located within one hundred (100) feet of any residential zone, historic zone or public park as measured along the street right-of-way from the nearest edge of each sign.

4.

Off-premises signs located along any road shall be spaced no closer than three hundred (300) feet as measured along the roadway from the nearest edge of each sign structure. However, off-premises signs located along interstate highways shall be spaced no closer than five hundred (500) feet as measured along the street line from the nearest edge of each sign structure.

5.

The maximum height of any sign, including cutouts, shall not exceed the maximum building height for the zone in which the sign is located or forty-five (45) feet, whichever is less.

6.

All off-premises signs shall observe the building setbacks for the zone in which they are located.

7.

Notwithstanding any other Section of this Article, off-premises advertising signs shall be permitted at a rate not to exceed two (2) square feet in sign area for each foot of street frontage. For the purpose of calculating street frontage under this subsection, street frontage on streets with less than ten thousand (10,000) average daily traffic, as defined in the traffic summary prepared by the State Department of Transportation, shall not be included.

(Code 1983, §§ 23-73.6)

The following standards apply to signs located within six hundred sixty (660) feet of designated byways.

A.

Prohibited signs. The following signs are prohibited:

1.

Electronic Variable Message Signs (EVMS);

2.

Marquee signs;

3.

Projecting signs;

4.

Roof signs;

5.

Window signs;

6.

Wall signs that project above a roofline; and

7.

Off-premises advertising.

B.

Size. All signs requiring a permit will be limited to fifty (50) percent of the sign area permitted in the zoning district.

C.

Height. All signs requiring a permit will be limited in height to fifteen (15) feet, or one-half (½) the height allowed in the zoning district, whichever is less.

D.

Number of signs. The number of signs on a lot is limited to one (1) ground sign per street frontage and one (1) wall sign per principal use.

E.

Lighting. If lit, the light source must be exterior to the sign using shielded, low wattage and diffuse white light. Back-lit and internally illuminated signs are prohibited.

(Ord. No. 22-072, § 5, 10-11-2022)