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Delaware City City Zoning Code

ARTICLE X

- SIGN AND OUTDOOR ADVERTISING REGULATIONS

The purpose of the adoption of these sign ordinances is to enhance the aesthetic appeal, and maintain the historical charm of Delaware City, as well as protect the health, safety, and welfare of its residents and visitors.

(Ord. No. 18-0820-01, 9-17-2018)


Sec. 46-81.- R-1 district (single-family residential), R-2 district (one- and two-family residential); C-1L (commercial low impact).

The following signs are permitted:

(a)

Signs to regulate traffic.

(b)

Signs required to be posted by law.

(c)

Warning signs.

(d)

Signs established by governmental regulation.

(e)

Signs indicating bus stops, taxi stands and similar transportation facilities.

(f)

One sign located on premises used as a professional or business office or studio of a physician, dentist, lawyer, non-profit organization, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person, for each such use. Such signs shall not exceed two square feet in area, be motionless and shall not have illumination.

(g)

One temporary business or service related sign per parcel. No such sign shall exceed 12 square feet in area and shall meet all other provisions of a temporary sign definition.

(h)

Identification signs, in conjunction with residential usage or a C-1L area or a HPR area, to exceed one and one-half square feet in area.

(i)

Directional signs.

(j)

One sign located on premises used as a bed and breakfast or tourist home, not to exceed six square feet in area per frontage and no higher than the roofline of the structure.

(k)

Animated signs, balloon signs, mural signs, digital signs, roof signs, and billboards are prohibited. No sign, other than directional signs, shall exceed 25 square feet in size.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-82. - R-3 district (multifamily).

The following signs are permitted in any R-3 District:

(a)

All signs permitted within the R-1, R-2, and C-1L Districts.

(b)

One sign not to exceed 20 square feet in area located on premises used as a garden or other existing apartment structure having a minimum of 100 feet of street frontage.

(c)

Animated signs, balloon signs, mural signs, digital signs, roof signs, and billboards are prohibited. No sign, other than directional signs, shall exceed 25 square feet in size.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-83. - C-1 (central commercial) and C-1M (marina).

The following signs are permitted in the C-1 and C-1M Districts:

(a)

Signs located on premises used as a business, can be illuminated by any conventional method except that no animated, revolving, flashing, or moving lights shall be permitted.

(b)

No sign shall be erected in such a manner as to interfere with vision from a motor vehicle using an access or egress to a commercial establishment.

(c)

Animated signs, balloon signs, digital signs, roof signs, and billboards are prohibited.

(d)

One portable sign not to exceed eight square feet in area, placed by a licensed business, and placed on the property where the business is located.

(e)

Projecting sign.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-84. - C-2 district (general commercial).

The following signs are permitted in the C-2 District:

(a)

All signs permitted within the C-1 District except identification signs in conjunction with residential usage.

(b)

Animated signs, balloon signs, digital signs, roof signs, and billboards are prohibited.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-85. - OS-R district (open space - recreation) and OS-BA district (open space and buffer area).

The following signs are permitted in any OS-R and OS-BA district:

(a)

One sign, that does not exceed 50 square feet in area.

(b)

Section (a) notwithstanding, amateur athletic fields may have up to three signs (which may be digital, animated, and illuminated signs) per athletic field.

(Ord. No. 18-0820-01, 9-17-2018; Ord. No. 19-0128-01, 2-25-2019)

Sec. 46-86. - HPR (historic preservation and redevelopment) signage standards.

The following signs are permitted in the HPR Districts:

(a)

The Canal District shall allow all signs permitted in any R-1 and R-2 Districts.

(b)

Officers Row shall allow all signs permitted in any R-1 and R-2 Districts.

(c)

Marina Village shall allow all signs permitted in any R-3, C-1, and C-1M Districts.

(d)

Theater District shall allow all signs permitted in any C-1 District.

(e)

Quartermaster Place District shall allow all signs permitted in any R-3, C-1 and C-1L Districts.

(f)

Barracks District shall allow all signs permitted in any R-3 and C-1 Districts.

(g)

Battery Row District shall allow all signs permitted in any R-3 and C-1 Districts.

(h)

Reeves Farm District shall allow all signs permitted in any R-3 and C-1 Districts.

(i)

Parade Grounds shall allow all signs permitted in any C-1 or OS-R Districts.

(j)

Grass Dale District shall allow all signs permitted in any C-1 District.

(k)

National Guard District shall allow all signs permitted in any C-1 District.

(Ord. No. 19-0128-01, 2-25-2019)

Sec. 46-87. - M-1 district (light industrial).

The following signs are permitted in any M-1 District:

(a)

All signs permitted within the OS-R District.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-88. - R-MM district (manufactured/mobile home residence).

The following signs are permitted in any R-MM District:

(a)

All signs permitted in the R-1, R-2 and R-3 Districts.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-89. - General provisions.

Unless herein provided, signs shall be placed behind the property line with the exception of signs to regulate traffic and direct traffic, or those required by law. No sign shall be located in public rights-of-way within the incorporated boundaries of the city.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-90. - Banners.

(a)

A permit for the use of a banner sign in the C1, C2, C-1M, C2 and M1 districts, must be received from the city prior to display. The size of a banner sign shall not exceed 20 square feet. A banner permit issued under this subsection shall not be issued for a period of time lasting more than 30 days. No more than two banner permits shall be issued for any property, or individual or entity, in any calendar year.

(b)

Subsection 2) the foregoing notwithstanding, the city manager may grant a permit for a banner sign not to exceed 110 square Feet for parades, neighboring community sponsored events and city sponsored special events, provided that the banner sign is require to be removed within 30 business days of the installation of the special event or parade the banner sign is associated with.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-91. - Portable signs.

Portable signs as defined herein may be permitted and may not exceed eight square feet in area. Such signs shall not block reasonable passage on sidewalks and are strictly prohibited in or on public streets, rights-of-way and/or alley ways.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-92. - Digital signs.

Digital signs are only permissible on city-owned property. Notwithstanding any provision of this chapter, digital signs in existence prior to the adoption of the definition of digital signs shall be a legally existing non-conforming use which is grandfathered.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-93. - Permits.

All signs require a permit except for:

(1)

Signs to regulate traffic,

(2)

Signs required to be posted by law,

(3)

Warning signs,

(4)

No trespassing signs,

(5)

Signs established by governmental regulation,

(6)

Signs indicating bus stops,

(7)

Portable signs,

(8)

Temporary signs. Permits shall be issued in accordance with a defined fee schedule set by the city manager.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-94. - Compliance and penalties.

(a)

The city manager or his or her designee shall have the authority to enforce the sign ordinance and impose fines as provided herein.

(b)

All persons in violation of article X of this code relating to signs shall be notified by certified mail or certificate of mailing and be given five days to comply with requirements of this code. An extension to said time period may be granted for due cause as determined by the city manager or his or her designee.

(c)

A fine in the amount of $25.00 per day per violation may be imposed for non-compliance with this article X and shall commence on the sixth day after the five day notice referenced herein is sent. In addition, the city manager may direct the city solicitor or special counsel to seek injunctive relief to abate any violation and/or seek removal of any sign not complying with this Code six days after a violation notice is sent or at an earlier time if such sign is a danger to the public health, safety, or welfare.

(d)

Decisions of the city manager or his or her designee under this section may be appealed to the board of adjustment.

(Ord. No. 18-0820-01, 9-17-2018)

Sec. 46-95. - Corner lots.

Relates to commercial corner lots that abut two streets.

In the C1, C2, C-1M and M1 districts, for properties that are corner lots abutting two streets such corner lots are permitted to have signs that face each street so long as the type of signs utilized are permitted in the underlying commercial or manufacturing zoning district. This section permits signs to be placed on a corner lot in commercial or manufacturing districts even if the underlying commercial or manufacturing zoning classifications allows one sign.

(Ord. No. 18-0820-01, 9-17-2018)