Dewey Beach City Zoning Code
ARTICLE V
Sign and Outdoor Display of Merchandise Regulations 1
§ 185-27 Definitions. [1]
§ 185-27.1 Displays.
[Amended 7-10-2010 by Ord. No. 681; 6-12-2015 by Ord. No. 719]
A.
Purpose. The purpose of this section is to establish reasonable regulations of size and placement of the temporary outdoor display of signs, banners, flags, products, goods, wares and merchandise in conjunction with legally operating businesses.
B.
Outdoor display of merchandise. Outdoor display of merchandise shall only be permitted in conjunction with an existing permitted use that occupies the subject property. Display items shall be limited to merchandise sold by the business or decorative items which relate to or complement the business. Outdoor displays shall not be included in the calculations of permitted signage. Outdoor displays of merchandise shall not be permitted on public property.
C.
Height and area for displays.
(1)
Outdoor display of merchandise shall only be permitted on the private property of a business holding an outdoor display permit for such outdoor display(s). No outdoor display shall encroach or trespass any public right-of-way or sidewalk or block any patron accessway, fire exit, or parking area directly accessible from the business.
(2)
No merchandise or other items that are part of an outdoor display shall be displayed at a height higher than 12 feet from grade.
(3)
The maximum area for the staging of an outdoor display shall be determined by the Building Official, using the following formula:
(a)
The maximum area for the staging of an outdoor display shall be determined by measuring the linear footage of the business's property which abuts a street or streets reduced by the linear footage directly accessing any parking area or lot ("length") and the average width of that portion of the business's open area which extends from the inside edge of a public sidewalk, or, if a public sidewalk does not exist, from the right-of-way to the business's building facade ("width"). The maximum area usable for the staging of an outdoor display shall not exceed 30% of the area calculated by multiplying the abovementioned length by width. All properties must have one unblocked handicap ramp. Display items may not block any fire exits or entrances to the business.
(b)
Notwithstanding the amount of a business property's yard determined usable for an outdoor display, the maximum lot area for the staging of an outdoor display of merchandise for any business shall be 500 square feet.
D.
Coordinated events. Sidewalk sales may be coordinated by the Chamber of Commerce or community groups involving individual retail establishments on a maximum of three separate occasions per calendar year, with each separate occasion extending for a period not to exceed four consecutive days, provided that no sidewalk sales may occur between the Friday of Memorial Day weekend through Labor Day. A sidewalk sale shall only be conducted by the retail establishment located on the property and shall only include merchandise that is regularly offered for sale inside that retail establishment.
E.
Sales benefiting nonprofit organizations. Outdoor sales by local resident nonprofit organizations are permitted, provided that written documentation of charitable status and written permission from the property owner are provided to the Building Official prior to the outdoor sale.
F.
Unimpeded public access. All portions of the public sidewalk shall continuously provide for unimpeded pedestrian access, and shall not be blocked at any time without Town approval.
§ 185-28 General provisions for signs.
§ 185-29 Signs permitted in all districts.
The following signs are permitted in all districts:
A.
Signs of duly constituted governmental bodies, including traffic, parking or similar regulatory devices, legal notices, directional signs and street name signs.
B.
Signs required to be maintained or posted by law or governmental regulation.
C.
Signs which are not visible off the lot on which they are situated.
D.
Signs not exceeding 1 1/2 square feet in area, displayed strictly for the direction, safety or convenience of the public, including signs identifying parking area entrances and exits, freight entrances, public rest rooms and similar types of signs.
E.
One sign relating to the contractor/subcontractors plus one sign relating to the developer of a construction project may be erected only during the time that construction work is in progress, and the size of such signs shall not exceed 32 square feet each.
§ 185-30 Signs prohibited in all districts.
The following signs are prohibited in all districts:
A.
Signs lighted in any manner which may constitute a traffic hazard or be a nuisance to surrounding properties, including signs that provide moving spotlights that might distract pedestrians or motorists, revolving lights, animation, or blinking or moving lights.
[Amended 5-19-2023 by Ord. No. 810]
B.
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 a normal approaching position of a vehicle at a distance of 30 feet.[1]
[1]
Editor's Note: Former Subsection C, regarding signs with moving lights or animation, which immediately followed, was repealed 5-19-2023 by Ord. No. 810. This ordinance also redesignated former Subsections D through H as Subsections C through G, respectively.
C.
Signs which produce noise, sounds or emit visible smoke, vapor, particles, or odor.
D.
Signs with intermittent lights resembling or seeming to resemble the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles or for navigation purposes.
E.
Signs attached to trees or utility poles.
F.
Signs attached to any vehicle, parked primarily for display purposes.
G.
Inflated objects larger than seven feet in any dimension. Temporary exceptions may be granted by the Town Commissioners on a case-by-case basis for a period not to exceed seven days, upon showing that they will not adversely affect the use or value of surrounding properties.
§ 185-31 Permitted signs in NR, RR and PR Residential Districts.
The following signs are permitted in NR, RR and PR Residential Districts:
A.
One name plate sign no larger than 1 1/2 square feet in area displaying the name and street address of the occupant of the property, or the name of the building manager, or the name of a permitted use. The identity of a multifamily dwelling building or group of buildings may be erected, provided the size does not exceed 18 square feet.
B.
Real estate advertising signage.
(1)
Single-family detached dwelling parcel.
(a)
One portable, nonpermanent, freestanding sign no larger than seven square feet in total signage area and not greater in height than four feet above ground level may be placed upon each single-family detached dwelling parcel, as determined by the Building Official, for the exclusive purpose of advertising the sale, rental, or lease of that premises.
(b)
No sign shall be placed further than seven linear feet from the foundation of the principal residential structure, unless the Building Official renders a determination that, because of the irregular size or shape of the lot or location of the structure, the sign may be placed otherwise. Signage may not be affixed to the interior windows or exterior surface of any building in the districts, including exterior decks and roofing. Signage may not be affixed or attached to utility poles, traffic signs, trees, or any other structure. In no event shall signage be placed within the right-of-way of a street or roadway.
(c)
The sign shall be placed parallel to the street on which the parcel is located.
(d)
In the event that the parcel abuts two or more streets, one sign may be placed on each side of the parcel abutting a street.
(e)
Each sign must be constructed of a durable material. Signage constructed of cardboard, paper, or other nondurable material is prohibited.
(f)
The signage shall not be illuminated by lights affixed to the sign.
(g)
Signage shall not advertise an off-site sale. Pamphlet displays shall promote exclusively the parcel upon which the signage is located.
(2)
Multifamily dwelling unit parcels.
(a)
One temporary real estate advertising sign, as identified hereinabove in Subsection B(1)(a), or one permanent real estate advertising sign, identified hereinafter as a "master sign," no larger than 20 square feet in total signage area and not greater in height than six feet above ground level may be placed in a location approved by the Building Official upon a parcel containing a group of townhouses or multifamily dwelling units consisting of one or more buildings designed or developed as a single entity, such as a condominium or townhouse community, for the exclusive purpose of advertising the sale, rental, or lease of any unit within that parcel.
(b)
The master sign may be freestanding, provided that it is placed parallel to the street on which the parcel is located. No freestanding master sign shall be placed further than seven linear feet from the foundation of one of the principal residential units, unless the Building Official renders a determination that, because of the irregular size or shape of the lot or location of the structure, the sign may be placed otherwise.
(c)
The master sign shall be placed parallel to the street on which the parcel is located. In the event that the parcel abuts two or more streets, only one sign shall be placed on the premises.
(d)
The master sign may be affixed to an exterior wall of the multiunit structure, provided that it is placed parallel to the street on which the structure is located.
(e)
Each master sign shall be constructed of wood or a durable material approved by the Building Official and shall be designed to permit the insertion of signs commonly known as "slip signs," being six inches in height and 12 inches in length, to advertise each unit for sale, lease or rent. The master sign shall display signage on one side only, and shall be constructed with a solid backing to prevent displacement of signage. The approved design of master sign construction shall be kept on file by the Building Official, and said approved design shall be considered by the Building Official when reviewing master sign placement permit applications.
(f)
A master sign placement permit must be acquired from the Building Official prior to installation. Unless amended by subsequent ordinance, no fee shall be imposed for a master sign placement permit.
(3)
Supplementary provisions.
(a)
Residential real estate advertising signage shall not be considered in the calculation of total permitted commercial signage where residential and commercial uses exist upon the same premises.
(b)
Temporary "Open House" signage, including but not limited to flags, banners, inflatable objects and any other form of advertising material, not to exceed seven square feet in area may be placed upon a parcel proximate to the street frontage during an open house promotion which shall be supervised by a licensed real estate agent. In no event shall the open house signage remain continuously on the parcel in excess of the duration of the open house promotion.
(d)
The provisions of this chapter shall apply to all real estate advertising signage located within the NR Neighborhood Residential, RR Resort Residential, and PR Planned Residential Districts of the Town of Dewey Beach, and no existing temporary real estate advertising signage shall be exempt from the requirements set forth herein.
(e)
The Building Official is authorized to remove any signage which violates the provisions of this section without prior notice to the owner or owners of the parcel(s) or signage and may subsequently notify the owner(s) to claim the signage. In the event that no person or entity who or which owns the violating signage claims said signage within 30 days of written notification by the Building Official, the Building Official may dispose of the signage without liability to the Building Official or the Town of Dewey Beach. The provisions stated hereinabove shall not prevent the Town of Dewey Beach from commencing appropriate criminal and/or civil proceeding pursuant to § 185-84 of this Code.
C.
One temporary real estate development sign, no larger than 32 square feet in area, advertising property in the process of development. If the property abuts more than one street, one such sign may be erected on each street.
D.
One professional sign, no larger than one square foot in area, displaying the name and the occupation of a professional person or group of persons for the identification of a permitted home occupation.
E.
One announcement board, no larger than 12 square feet in area, displaying the announcements of a religious, educational, philanthropic or fraternal organization.
§ 185-32 Permitted signs in RB Commercial Districts.
The following apply to signs permitted in the RB Commercial Districts:
A.
All signs permitted in the residential districts shall be permitted in the RB Districts.
B.
All signs shall be permitted to advertise solely a Dewey Beach business, commodity, service or entertainment.
C.
Each property in the RB Districts shall be entitled to one master sign per 75 feet of street frontage.
D.
Each property fronting on Coastal Highway (S.R. 1) may display one sign for a Dewey Beach business located in either an RB or RR District but not fronting onto S.R. 1, subject to an agreement negotiated with the property owner.
E.
The size of signs which are freestanding shall be limited to one square foot of sign for each linear foot of street frontage, but not to exceed 85 square feet on a single surface, and may consist of two surfaces back-to-back to be visible from opposite directions. Properties eligible for freestanding signs shall have a minimum of 10,000 square feet of land per sign. All such freestanding signs shall conform to the structural specifications of the Outdoor Advertising Division of the Delaware State Department of Transportation.
F.
The size of signs attached to a wall of a building, or painted on the wall or with raised letters mounted on an exterior wall shall not exceed one square foot of sign for each linear foot of frontage on a street or streets.
G.
Signs erected on the roof of a structure shall not exceed the height restriction on structures of 35 feet, and the structure must be approved by a registered Delaware engineer or architect.
H.
Signs, including the supports, shall not encroach on any of the required setback areas nor on the corner visibility triangles specified in the Code.
I.
Signs advertising a product for sale on the premises shall be permitted if the advertising of the product forms a part of the sign advertising the Dewey Beach business.
J.
A group of stores, as in a mini-mall, shall be permitted one freestanding sign naming the center or mall and listing the businesses. This sign shall not exceed 25 feet in height nor more than 60 square feet in area. In addition, each business located in the center shall be permitted one sign attached or painted on the building.
K.
Included within the calculation of permitted sign area as described in Subsections C, D, E, F, G, H and J hereinabove are temporary signs, banners, flags, menu boards, and posters as more particularly defined in § 185-27. The calculating of total square footage of all such permanent and temporary signs shall not exceed the permitted square footage. Temporary signs, posters and banners may be placed directly over permanent signage so as not to increase the total square footage of the sign area.
§ 185-33 Nonconforming signs maintained.
In any district, any sign in existence as of the passage of this chapter which does not comply with the provisions of this chapter may be maintained subject to the provisions of Article IX, Nonconformities.
§ 185-34 Temporary political signs.
Temporary political signs shall be permitted in all districts two months prior to election and one week after election if: