Delmar City Zoning Code
ARTICLE XXIV
Signs
§ 10-171 Definitions.
As used in this article, the following terms shall have the meanings indicated:
SIGN
Any board, placard, poster, figure, device, or other object which has the effect of or is used, or intended to be used, to advertise, convey information, to stand for a work phase, operation or service, or to attract or divert attention when the sign is in view of the general public (persons who are not on the property or premises where the sign is located), including but not limited to every flag(s), banner, pennant, spinner, streamer, moored blimp, balloon or other windblown or inflatable thing(s), any moving or animated sign, device or thing(s), any beacon or other light or series of lights (other than for illumination only), whether single or multicolored and whether stationary, moving or flashing, or any frame, letter, image, character, mark, plane, point, design, picture, stroke, stripe, symbol, trademark or reading matter.
A.
ATTRACTOR SIGN
Pinwheel(s), flag(s), banner(s), pennant(s), spinner(s), streamer(s), balloon(s), or moored blimp or other windblown or inflatable object(s), whether displaying any words or graphics.B.
COMMERCIAL SIGN
Any sign belonging to or controlled by the owner or occupant of a building or premises which is used to identify the building or premises or the products or services sold therein or thereon.C.
ELECTION SIGN
Any sign that advertises a candidate or an issue that is to be voted on in a local, state or federal election process.[Added at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
D.
FLASHING SIGN
Any sign, the illumination of which is not kept stationary or constant in intensity at all times when in use, except an illuminated sign which indicates the temperature, date, or similar public service information shall not be considered flashing sign.E.
FREESTANDING SIGN
Any sign self-supported by a pole or post and not attached to any building, wall, or fence, but in a fixed location.F.
GROUND SIGN
Any outside sign identifying a development business, service, or home (such as a shopping area or housing development), the bottom of which is attached directly and permanently to the ground and physically separated from any other structure.G.
INDIRECTLY ILLUMINATED SIGN
Any illuminated, nonflashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such source into any residential district or public street.H.
INSTRUCTION SIGN
Any sign conveying instructions in respect to the premises on which it is maintained, such as "entrance," "exit," "no trespassing," "danger" or similar signs.I.
INTERNAL ILLUMINATION
Where the light source is concealed or contained within a graphic itself and which becomes visible in darkness by shining through a surface.J.
OFFICIAL DIRECTIONAL SIGN
Any sign erected or maintained within the public right-of-way, such as a traffic or stop sign.K.
OUTDOOR ADVERTISING STRUCTURES
Any poster, panel, billboard, painted bulletin or other structure, device, surface, or display used for advertising purposes which is not located on the premises of the business advertised.[1]L.
PRIVATE DIRECTIONAL SIGN
Any sign not used for advertising but giving directions only, for accommodations, services, traffic routing, industries, churches, schools, parks, historic buildings or features located in or adjacent to the Town of Delmar, and temporary directions to real estate projects.M.
PROJECTING BLADE SIGN
An outdoor sign which is attached to a wall at other than parallel.N.
SAFETY CONTROL SIGN
Warning, control, OSHA or other required public safety sign.O.
SIGN AREA
The facing of a sign, including copy, insignia, background, structural supports, and borders. The structural supports shall be excluded if they do not constitute a major part of the sign or if the structure is not used to identify or attract attention to the business or product.P.
TEMPORARY SIGN
Includes any sign that exceeds the number of permanent signs approved for a place or business, regardless how that is mounted, affixed or displayed. This may include, but is not limited to, A-frame signs or any sign that is considered portable or movable, and those with surfaces intended for a short lifespan, such as plastic or wood, cloth or banners, cardboard or poster board, etc.Q.
TRAFFIC CONTROL SIGN
A sign regulating traffic which has been erected by governmental officers having jurisdiction over the public right-of-way.R.
WALL SIGN
A sign attached parallel to the exterior surface of a building.[1]
Editor's Note: Original Sec. A.11, defining "political sign," which immediately followed, was repealed at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I); see now Subsection C.
§ 10-172 Sign standards and restrictions.
A.
For the purpose of this chapter, signs shall:
(1)
Encourage the effective use of signs as a means of communication in the Town.
(2)
Avoid visual clutter and competition among sign displays in their demand for public attention.
(3)
Promote the safety and convenience of pedestrians and motorists.
(4)
Minimize the adverse effects of signs on nearby public and private property.
B.
Interference with traffic signals. Outdoor advertising signs, structures, shrubs or trees shall not protrude from any property over any street or create confusion around or otherwise interfere with traffic signals or other traffic signs.
C.
Wherever a provision of the building code[1] or a provision of this Chapter 10 relating to signs is more restrictive, the more restrictive standard shall govern.
[1]
Editor's Note: See Ch. 97, Construction Codes, Art. III (MD), and Ch. 395, Construction Codes, Art. III (DE).
D.
Shopping center signs. See the sign regulations for shopping centers in § 10-146 of this chapter.
[Added at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
§ 10-173 General provisions and restrictions.
Except as otherwise specifically provided herein, the following shall apply throughout the Town as a whole:
A.
All signs erected in the Town of Delmar shall be constructed of durable materials and determined to be safe by the Code Enforcement Officer, consistent with generally accepted design and construction standards. Such signage shall be maintained in good condition, repaired as needed, and shall not be allowed to become dilapidated.
B.
Portable, movable, temporary, or attractor signs that are in violation of §§ 10-174, 10-175 and 10-177 (below) shall be removed not later than 30 days after the effective date of this chapter.
C.
Temporary signs in the public right-of-way, or in any location which may cause a safety hazard owing to reduced visibility, may be removed by the Code Enforcement Officer or, in his or her absence, the local police officers acting in the public good. The Town will hold any such sign for the owner for five business days, and then it may be disposed of. Signs in the public rights-of-way are prohibited in § 10-174 (below) except for signs required by governments or utilities in performance of official duties.
D.
In the case of signs placed in the interior of a building and observable from the outside through a frontage window:
(1)
Unlighted signs, meaning signs without electrification, are permitted.
(2)
Lighted "open" or "closed" signs shall not exceed 20% of the total area of the window or door in which they are placed. Other lighted signs are prohibited.
(3)
No more than 50% of the total glass surface of any business or building shall be covered by signs.
E.
Any light source intended to illuminate any sign shall be shaded, shielded or directed such that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
§ 10-174 Signs requiring approval from code and compliance officer.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following signs require prior approval from the code and compliance officer:
A.
Pinwheels, advertising flags, banners, pennants, streamers, balloons, moored blimps or other inflatable signs or any other signs meeting the definition of "attractor signs."
B.
All temporary signs, unless such sign is specifically permitted by a provision set forth in this chapter.
C.
All such signs which, by reason of their shape, color or construction, may be confused with an official directional sign or traffic sign or which could mislead or confuse pedestrians or vehicle operators or obscure from view any official directional sign or obscure the view in any direction at the intersection of a street with another street or driveway.
D.
A sign placed or installed on any vehicle, trailer or other movable device solely for advertising purposes, except such signs as may be used by automobile sales dealerships at their place of business.
E.
A sign in the shape or form of any person, animal, vegetable, product or portion thereof. For special exceptions, approval can be given by the Planning and Zoning Commission.
F.
Construction signs. One sign shall be permitted for all building contractors, one for all professional firms and one for all lending institutions involved in the construction, enlargement, reconstruction or repair of a structure. Each such sign shall not exceed the maximum of 32 square feet in area (four feet by eight feet), with not more than a total of three such signs permitted on one site. If freestanding, the height of each such sign shall not exceed eight feet. Signs shall be set back a minimum of five feet from road rights-of-way lines and a minimum of five feet from the property line on all other streets or roads. Each such sign shall be removed within seven days of the issuance of the certificate of occupancy.
G.
Street banners. Street banners advertising public entertainment or event, unless approved by the Mayor and Council or Commissioners, may be displayed 14 days prior to, and during, and three days after the public entertainment or event.
H.
Permanent identification signs. Signs of a permanent nature, setting forth the name of a church, residential subdivision, community center or other like projects, shall be permitted if erected in accordance with the minimum setback requirements of the zoning district in which the sign is located. Any such signs shall not exceed 30 square feet in area, including community bulletin boards.
I.
Civic, religious and quasi-public signs. Name, directional and information signs and emblems of service clubs, places of worship, civic organization and quasi-public uses shall be permitted on private property if set back in accordance with the minimum setback requirement of the zoning district in which the sign is located. Each such sign shall not exceed three square feet in area. If freestanding, the height of such sign shall not exceed eight feet. In the event that there is a need for more than one sign at one location, all such signs must be consolidated and confined within a single frame.
J.
Public signs. Signs of a noncommercial nature and in the public interest, such as official directional signs, regulatory signs, warning signs and information signs, may be erected by or on the order of a duly appointed federal, state, county or Town public officer in the performance of his duty.
K.
Temporary signs shall be subject to the authority of the Code Enforcement Officer and only require an appearance before the Planning and Zoning Commission if recommended by the Code Enforcement Officer. Temporary signs and attractors announcing that any public, charitable, civic, educational or religious event or function is to take place and so long as it is set back no less than 10 feet from the property line and does not exceed 30 square feet in area. Such a sign shall be erected no more than 30 days prior to the event or function, and removed no later than three days after the event. If freestanding, the height of such sign shall not exceed eight feet. If there is not a ten-foot setback available, then such sign should be off the public right-of-way.
§ 10-175 Signs requiring approval from Mayor and Council or Commissioners.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD); at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following signs are prohibited in all districts without prior approval from the Mayor and Council or Commissioners after recommendation from Planning and Zoning Commission:
A.
A sign which advertises a building, product, business, service or institution which is not located on the same lot as the sign. These are also called "billboards," "outdoor advertising signs," or "off-premises signs."
B.
A flashing or blinking sign, whether intermittent or varying in intensity of illumination, whether deliberate or as a consequence of a defect in the sign or the illumination source, except for a sign which indicates the time or date or temperature changes, or a combination thereof.
C.
Any sign on which any light source intended to illuminate the sign is not shaded, shielded or directed such that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas.
D.
A sign that obstructs any sidewalk, door, fire escape, stairway or any opening intended to provide ingress or egress to or from any building or structure.
E.
More than one flat wall identity sign for each operating business established, whether lighted or unlighted. Such sign shall not exceed one square foot for each lineal front foot of the building surface. Businesses located on a corner lot shall be allowed to place a wall identity sign on two different sides of the building. Wall identity signs to be placed on a third and/or fourth wall shall be determined on a case-by-case basis by recommendation from the Planning and Zoning Commission and approval by the Mayor and Commissioners or Mayor and Council, as the case may be. All individual signs shall be located within the same horizontal plane of the building facade.
F.
Projecting signs that extend from the face of the building more than 10 feet or less than 10 feet above the ground level. No projecting sign shall extend beyond the line extending vertically from a point two feet inside the established curbline or property line. Projecting signs shall be limited in surface area to a maximum of 40 square feet.
G.
All signs not specifically permitted in this chapter. This prohibition shall apply to both the owners of the land or buildings and any lessee (tenant) or other occupant.
§ 10-176 Signs permitted in all districts.
Subject to the other conditions of this section, the following signs shall be permitted in all districts of the Town:
A.
Real estate signs. One temporary real estate sign, not exceeding six square feet in area and located on the property to which it relates, shall be allowed for each lot or parcel of land. Signs shall be set back a minimum of five feet from the property line on all streets or roads. Any such sign shall be removed within 14 days of the issuance of the certificate of occupancy and shall be removed within 14 days following the transfer of ownership (sale closing).
B.
Election campaign signs. Sign(s) relating to primary or general elections, including a referenda question, shall be permitted if they do not exceed a total of nine square feet for each lot or parcel of land in a residential zone or 32 square feet in a commercial zone. These signs shall be confined to private property and shall not be less than 25 feet from the nearest curb intersection of any street or road. Sign setback requirements shall be a minimum of five feet from the property line. If freestanding, the height of such signs shall not exceed eight feet. Such signs may only be displayed 30 days prior to a primary election, 60 days prior to a general election and shall be removed no more than five days after the election to which it relates.
§ 10-177 Outdoor advertising structures.
A.
When the sign or structure is not erected on the same lot as the business, product service, etc., such sign or structure is prohibited.
B.
When the sign or structure occurs on the same lot as the business, product, or service being advertised or sold, it is governed Article XXIV and is afforded no special consideration as to size, placements, etc.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
C.
Outdoor advertising structures, as defined in this article, shall be permitted in those districts where designated. No outdoor advertising structure shall be permitted to be erected without a permit from the Code Enforcement Officer. All such structures shall conform to the following minimum requirements:
(1)
Setback. All structures shall be set back not less than 100 feet from the property line facing a public road or 150 feet from the center line of said road, whichever distance is the greater.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD)]
(2)
Spacing. Such structures shall not be less than 1,000 feet from the next nearest outdoor advertising structure within Town limits.
(3)
Structure type. Such structures shall be limited to back-to-back and double-faced, which shall include double structures jointed by a mutual or attached frame, provided the same shall be considered one structure as defined herein with no deviation and with a constant structure.
(4)
Sign area. The maximum sign area permitted for each face of the structure shall not exceed 480 square feet and the trim surrounding such sign area shall not exceed 12 inches on any side with the maximum size of 584 square feet.
(5)
Distance from residential district. No outdoor advertising structure may be erected within 100 feet of any dwelling located in an adjoining residential district if such sign is visible there from.
(6)
Lighting. No flashing advertising sign shall be permitted, and all outdoor advertising structures, where lighted, shall be indirectly illuminated.
D.
Height. No structure shall exceed a maximum height of 10 feet above the ground.
E.
No additional outdoor advertising structures shall be allowed to be situated within the Town of Delmar's corporate limits effective upon the passage of this chapter.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
§ 10-178 Nonresidential zoning districts.
The following shall apply in all nonresidential zoning districts:
A.
For each lot which contains only one business, the following shall apply (all signs described herein shall be subject to the restrictions provided in §§ 10-173 and 10-174 above):
(1)
A lot with less than 100 feet of lineal street frontage is permitted a maximum of two signs. One wall sign or projecting blade sign, not exceeding one square foot for each lineal front foot of the building. A freestanding sign is also permitted, but shall not exceed 30 square feet, not exceed 10 feet in height, shall be setback 15 feet from the curb and shall not reduce the number of required parking spaces.
(2)
A lot with 100 feet or more of lineal street frontage shall be allowed the same signage as set forth in Subsection A(1) above, however, the freestanding sign may be no larger than 120 square feet, not exceed 10 feet in height, shall be setback 20 feet from the curb; the one wall sign or projecting blade sign shall not exceed one foot for each lineal front foot of the building.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD)]
(3)
One United States flag, one state flag and one municipal flag, with each flag having dimensions not in excess of four feet by six feet, are permitted on a pole(s) attached to the front of the building or on a flagpole set back at least 25 feet from the front property line and 10 feet from any side property line; notwithstanding any provision to the contrary herein, a flag(s) may protrude no more than six feet from a wall to which it is attached, and if attached to a building may be no higher than 10 feet above the roof of the building.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
B.
For each lot containing two or more businesses the following shall apply:
(1)
The number of signs shall not exceed one sign for each single commercial occupant and each such sign shall not exceed one square foot in area for each lineal front foot of the building used for that single commercial purpose. Each allowed sign must be on or attached to the building.
(2)
One multiple-use identification sign, stating the name of the building and some or all of its tenants is permitted. The area of such sign shall not exceed 30 square feet per tenant or exceed 250 square feet per building.
(3)
One additional sign per business shall be permitted below a canopy or overhang, not to exceed three square feet in size.
(4)
If gasoline service provided is by a retail store, one additional conventional freestanding gasoline sign per lot is permitted which must comply with Subsection E herein below.
(5)
One four feet by six feet United States flag, one four feet by six state flag and one municipal flag per lot are permitted so long as they comply with Subsection A(3) above.
C.
No sign on or attached to a building shall extend beyond that portion of the building which it identifies, nor shall it extend above the height of the wall or beyond the width of the wall of the building on which it is placed, nor shall it protrude more than six inches from the wall of the building on which it is placed, neither shall it impede pedestrian traffic.
D.
In case of a miniature golf course, tennis courts, parking lot or similar facility where the size of the building is proportionately small compared to the size of the facility as a whole, a sign not to exceed 25 square feet shall be permitted on the building, to be placed in accordance with the provisions of this article, and one freestanding sign shall be permitted no greater than 30 square feet, shall not exceed 10 feet in height and shall be set back a minimum of 10 feet from the curbline, except as otherwise specifically provided in this chapter.
E.
In the case of a full-service auto repair garage or gasoline station, the following signs shall be permitted:
(1)
One freestanding sign for the purpose of advertising current gasoline prices and logo, not to exceed 120 feet in area, not to exceed 10 feet in height and setback 20 feet from the curb. If located on a state road, then owner must comply with state regulations.
(2)
A canopy with lettering and logo showing the brand of gasoline, not exceeding letter heights of two feet, a total length of 16 feet and any logo height shall not exceed 33 inches. Such lettering and logo shall be on no more than two sides of the canopy.
(3)
A sign not exceeding 16 square feet may be placed on the building indicating a service center. Advertisement on the pumps, not to exceed three square feet on each side of pump, is permitted.
F.
Temporary signs not exceeding three in number with an aggregate sign area of 60 square feet may be displayed for 30 days prior to business openings, anniversaries, and closing. Use for any additional special event and/or the use of balloons, blimps, or attractors, in addition to the temporary signs, will require the review of the Code Enforcement Officer.
§ 10-179 Nonconforming signs.
A.
A legally nonconforming sign is any permanent sign which, on the effective date of this chapter, or any amendment thereto, lawfully existed and has been maintained since that time but does not conform to the regulations for signs established in this article. Any off-premises sign lawfully erected and in existence on the effective date of this chapter, or any amendment thereto, which does not meet the requirements of this chapter may be maintained as a matter of right as a legal nonconforming sign.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
B.
A nonconforming sign damaged or destroyed 50% or more or in disrepair 50% or more shall be removed within thirty-day notice of removal from the Code Enforcement Officer.
C.
The advertising on the surface area of any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation shall be removed within 30 days of the termination of such business or services.
D.
Any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation, which is nonconforming in height, setback or surface area, shall conform to this article when used to advertise another business or service.
§ 10-180 Permit.
A.
No sign shall be erected, moved or altered as to size, shape, design or content without first filing an application with the Code Enforcement Officer and obtaining a permit signed by this official, except as provided in § 10-181 below. Where space on the sign is provided to indicate sales or specials, the written and/or graphic content in this area may be changed without prior approval.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD)]
B.
The exact location, size, type of illumination, structural content, support system, color and design must be clearly and fully set forth in the application sufficient to fully acquaint the Code Enforcement Officer with the proposed sign.
C.
A fee, as set by resolution of the Mayor and Council or Commissioners from time to time, must accompany each sign permit application, except as provided in § 10-181 below.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD); at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
D.
All requests for a permit hereunder must be signed by the owner of the property on which the sign is to be located.
E.
An application for a sign permit may be obtained from Delmar Town office.
§ 10-181 Permit and fee exemptions.
A.
Signs which are permitted in accordance with § 10-175A, B or F above shall not require a permit or a fee, provided that they shall be in accordance with all other requirements of this article.
B.
Signs which are permitted in accordance with § 10-175C above shall require the submission of an application, which must be approved by the Code Enforcement Officer. No fee will be required.
C.
Signs which are permitted in accordance with § 10-175D or E above shall require the submission of an application and must be approved by the Code Enforcement Officer. No fee will be required.
D.
Signs which are permitted in accordance with § 10-175G above shall not require the submission of an application or a permit, and no fee shall be required, provided they shall be in accordance with all other requirements of this article.
E.
Appeals of the interpretation of this section will be made to the Board.
