Lewes City Zoning Code
ARTICLE VIII
Signs and Billboards
§ 197-63 Purpose.
This article is intended to protect and further the health, safety, and welfare of the residents of the City of Lewes; to further the intent of the City of Lewes Zoning Ordinance and its zoning districts; to prevent traffic hazards; to provide safer conditions for pedestrians; to improve community appearance; and to promote economic development by regulating the construction, alteration, repair, maintenance, size, location and number of signs. Signs should be consistent with the architectural features of the building upon which it is placed and the streetscape in which it is located and should not obstruct or destroy any unique architectural features of such building or surrounding buildings. This article is intended to promote and encourage the continuation of the small-town ambience and eclectic nature of existing signage within the City while limiting excessive signage both in number and location.
§ 197-64 Definitions.
The following words and phrases shall be construed in accordance with the definitions noted in the article:
To advise, announce, apprise, command, give notice of, inform, make known, publish or call to the public attention by any means whatsoever.
Notice given in a manner designed to attract public attention. Information communicated to the public or to the individual concerned, as by handbills, newspaper, television, billboards, radio.
A mechanical or electronically illuminated or nonilluminated sign which displays letters, words, characters or symbols which are not stationary.
A retractable or fixed shelter constructed of materials on a supporting framework that project from the exterior wall of a building.
A sign affixed to or integral with the surface of an awning or canopy.
A sign composed of an inflatable, nonporous bag.
A fabric, plastic, or other sign made of nonrigid material without an enclosing structural framework.
A sign located on or off premises which advertises an establishment, product, service, space or activity not located on the lot on which the sign is located.
Nonresidential activity, employment, occupation, profession, or enterprise, whether for profit or not for profit, in which an individual is willing to invest time and capital on future outcome.
See "awning or canopy."
Any permanent sign that identifies any community, subdivision or facility.
A sign which identifies the owners, financiers, contractors, architects, engineers or tenants of a project under construction.
A sign displaying only the name, nature and location of establishments located in the City offering accommodations, merchandise, and/or services or real estate developments, industries, churches, schools, parks or other features or institutions of note located in the City.
A fabric or similar material that is mounted onto a pole on one edge.
A flag with an advertisement or used to advertise the operation of a business, products for sale or services available, including but not limited to "open/closed" flags.
A flag consisting of patterns and colors without messages.
A flag consisting of a symbol of a recognized government or related entity.
An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color. Any sign which revolves or moves, whether illuminated or not, shall be considered a "flashing sign."
A permanent sign which is not attached to a building, including pylons, posts or monument signs.
A temporary or permanent sign erected by the City of Lewes, Sussex County, or the state or federal government, including temporary signs as necessary in conjunction with the improvement of public infrastructure.
Shall be determined by height from center of road and shall be adjusted to consider exceptional topography.
A detached sign which shall include any sign supported by uprights or braces placed upon or in or supported by the ground and not attached to any building.
A sign which lists the name and/or address of the occupant or business entity.
Any sign which is a part of an illuminated awning.
An informational sign which gives directions or instructions for use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," etc.
A sign whose illumination is derived from an external artificial source, which source is so arranged that no direct rays of light are projected into residential districts or public streets.
A sign conveying instructions with respect to the premises on which it is maintained, such as "Entrance," "Exit," "No Trespassing," "Danger," and similar signs.
A person holding a valid license.
A sign attached to or hung from a marquee. For the purpose of this chapter, a "marquee" is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.
A freestanding sign that is affixed to a base that is equal to or wider than the sign itself.
A sign with two or more facings.
A design or representation painted or drawn on a wall which does not contain promotional or commercial advertising; any wall decoration without lettering.
Any sign containing a philosophical, religious or other public-interest message not used for commercial purposes and not made in furtherance or promotion of a commercial product, service or enterprise.
A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.
A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained.
A sign which has a permanent location on the ground or which is attached to a structure having a permanent location and which meets the structural requirements for signs as established in the Building Code.
A sign which provides notices of a public nature, such as "No Trespassing" or "No Hunting" signs.
A sign used in connection with an official City of Lewes, school district, county, state or federal election or referendum.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames, including but not limited to "sandwich board signs," and signs attached to or painted on vehicles parked and visible from the public right-of-way.
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.
To contribute to growth, enhancement or prosperity of; to forward; to further; to encourage; to advance.
Includes a lot, parcel or tract of land, a building, and/or a single business or activity, such as a tenancy, within a building.
A sign of permanent character, but with movable or printed 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.
A sign advertising the real estate upon which the sign is located as being for sale, rent, or lease.
A sign erected on a roof which extends above the roofline of the building.
A sign which is constructed as an essentially integral part of a normal roof structure of any design, such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
The eave line of a roof or building parapet, whichever is higher, but excluding any cupolas, chimneys, or other minor projections.
An open space on the same premises with a sign or signs, which open space lies between the nearest edge of the sign or signs and the nearest street line or property line.
A structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction.
The total "area" of a sign shall include all side or area of display of a single or multifaced sign, together with all moldings, battens, cappings, nailing strips and latticing which are attached and are part of the sign proper and/or incidental to its decoration. Structural elements, such as aprons or skirting, which serve to shade, deflect or block light generated by a sign and which do not display advertising on their surfaces shall not be included in the total "area" of a sign. For the purpose of this chapter, 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.
A sign used for activities or events that are temporary and of limited duration, may be recurring, or be unusual for the purpose of drawing attention or conveying public information for the activity and shall include, by way of example and not in limitation, yard sales, sidewalk sales, special promotions and public events.
A dividing line between a lot, premises or tract of land and/or a street, road, highway, court, place, square, lane or way set aside and/or used as a right-of-way for common street or ingress or egress purposes. For the purposes of this chapter, street frontage shall be measured along the street line.
A sign which is erected for a time limit not to exceed two weeks.
A single-faced sign painted or attached directly to and parallel to the exterior wall or window of a building and shall not project more than 12 inches from the wall.
Any banner, flag, pennant, spinner, streamer, moored blimp or gas balloon, or the like, whether or not conveying a message through the use of words, letters and/or symbols.
A sign placed inside or outside of a window and intended to be viewed from the outside and which is displayed within 12 inches of the window and is legible from outside the window.
§ 197-65 Signs exempted in all districts.
The following signs do not require a sign permit but shall comply in all other respects with the regulations set forth herein:
A.
Noncommercial speech signs. Noncommercial speech signs may be erected or displayed in any district, subject to the following limitations:
(1)
Not more than one sign per dwelling unit or, in the case of lots upon which no dwelling units are constructed, not more than one sign per lot or business.
(2)
Noncommercial speech signs shall not be illuminated.
(3)
The total area of all noncommercial speech signs shall not exceed three feet by five feet.
(4)
Noncommercial speech signs shall not be displayed on any one parcel during more than 180 days, consecutively or nonconsecutively, of any calendar year.
(5)
Noncommercial speech signs shall be subject to all other controlling First Amendment considerations, including, without limitation, obscenity, fight words and libel.
B.
Political signs are subject to the following provisions:
(1)
Political signs shall not be displayed more than 90 days prior to and must be removed one day after the official election to which such sign pertains.
(2)
Political signs shall be no larger than four square feet.
(3)
Political signs shall be placed only on private property with permission of the property occupant.
(4)
Political signs shall be no higher in overall height than four feet from the grade. A political sign shall conform to all local sign ordinances.
(5)
Political signs shall not obstruct visibility at road intersections.
C.
Real estate signs are subject to the following provisions:
(1)
Real estate signs shall be no larger than six square feet.
(2)
Real estate signs shall be placed only on private property with the permission of the property owner.
(3)
Real estate signs shall be no higher in overall height than four feet from the grade.
(4)
Real estate signs shall be removed within 30 days after closing the sale, lease or rental of the property.
(5)
One real estate sign per street frontage permitted, except during the period an open house is conducted, wherein signs directing traffic to the open house are permitted.
(6)
Real estate signs announcing the sale of properties within a subdivision are permitted, provided that such signs comply with the following provisions:
D.
Construction signs are permitted subject to the following provisions:
(1)
Construction signs shall not be erected until a building permit has been issued for the project which is the subject of the proposed sign and construction activity has begun.
(2)
There shall be no more than one construction sign per contractor and/or subcontractor, architect, surveyor, engineer, lender to be displayed at any one time on a single property.
(3)
Construction signs shall be removed immediately upon the issuance of any certificate of occupancy or certificate of completion of the structure(s) or facility which is the subject of the sign.
(4)
Construction signs shall not exceed six square feet; i.e., two feet by three feet per sign.
E.
Incidental signs are permitted subject to the following provisions:
F.
Commercial flags are permitted subject to the following provisions:
G.
Signage with the international symbol of accessibility or van-accessible recognized logo.
H.
Window signs are permitted as long as the total number does not exceed 1/2 of the total area of the window in which they are posted; provided, however, that this shall not apply to grocery stores.
I.
Government signs. Highway and street signs erected by state, county or municipal road agency identifying streets or highways, giving direction to streets or places of interest or establishing restrictions or conditions of use for streets or highways. This exemption shall further include all such signs authorized by a road agency in conjunction with street or utility construction projects denoting detours or identifying access to business or industrial areas or sites when normal access is disrupted by such construction.
J.
Historic markers placed under the authority of the local, state or federal government.
K.
Placards not exceeding two square feet.
L.
Flags of any nation, state, City, educational institution, nonprofit organization, or decorative flags.
M.
Special decorative displays used for holidays, public demonstrations or promotion for nonpartisan civic purposes.
N.
Signs on a truck, bus or other vehicle while in use in the normal course of business.
§ 197-66 Signs prohibited in all districts.
A.
Strings of light bulbs, pennants, streamers, balloons, or banners, except as temporary advertising signs provided in this article.
B.
Signs, including reader boards, that employ any flashing, moving, oscillating, blinking, variable-intensity lights, or produce noise, vapor, smoke, particles, or odor.
C.
Building walls used for advertising or directing attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere other than upon the premises on which the building sits.
D.
Off-premises signs.
E.
A sign erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device or constitute a nuisance per se.
F.
Wall sign extending beyond the edge of the wall to which it is affixed nor extending above the roofline of a building.
G.
Roof signs.
H.
Billboards.
I.
Internally illuminated signs.
J.
Signs attached to or included on or in any vehicle parked primarily for display purposes.
K.
Any sign which is not specifically permitted by or does not conform to the provisions of this article.
§ 197-67 General provisions for all zoning districts.
A.
Any sign and/or supporting structure which for a period of 60 days advertises or identifies a closed business that had been conducted, or product no longer sold on the premises, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or property upon which such sign is located within 30 days of receipt of written notice by the Building Official.
B.
No light pole, utility pole or other supporting member of a building or property shall be used for the placement of any sign unless the owner of the pole or supporting member has given prior written approval for such use and the sign otherwise conforms with this article.
C.
All signs for home occupations, bed-and-breakfast establishments, or professional offices located in a residential dwelling, if lit, shall only be externally illuminated. The source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic or residential property or otherwise restricting visibility.
D.
A sign accessory to a nonconforming use or structure shall conform to the provisions of the zoning district in which the nonconforming use or structure is located.
E.
All signs, including all supports, braces, guys and anchors, shall be maintained in good repair, free of peeling paint or paper, fading of colors, staining, rust, damage, outages in lighting, or other conditions which impair the legibility of such sign and in conformance with this article and in such a manner so as not to cause a hazard to the public.
F.
At every street intersection there shall be a clear view between the heights of three feet and 10 feet in a triangle formed by the corner and points on the curb 30 feet from the intersection and entranceway.
H.
Temporary permits for special event signs. Notwithstanding any other provision of this chapter, any property owner, tenant or other entity in legal possession of any real property in the City may apply to the Building Official for a temporary permit to display a sign in connection with a special event, subject to the following:
(1)
A "special event" shall, for purposes hereof, mean an event of temporary and limited duration and shall include, by way of example and not in limitation, sidewalk sales, special promotions and public events.
(2)
Permits granted hereunder shall generally be limited to the duration of the event and not exceed seven days consecutive or nonconsecutive. Depending upon the nature of the event and the purpose and location of the temporary sign, a longer period, not exceeding 21 days consecutive or nonconsecutive, may be approved in the exercise of the Building Official's reasonable discretion.
(3)
No temporary permit shall be issued for any sign hereunder which exceeds three feet by five feet or is illuminated by animated, revolving, flashing or moving lights, which is, itself, animated, revolving or moving or which utilizes reflectors or sound devices, nor shall any such permit be granted for an illuminated sign in the OS, R-1, R-2, R-2(H), R-3, R-3(H), R-4, R-4(H), R-5, TC, or TC(H) Zoning Districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 197-68 Signs permitted in all zoning districts.
B.
Area measurement. The area of a sign shall be measured as the area within a single, continuous perimeter composed of the smallest geometric shape which encloses the extreme limits of writing, representation, emblem, logo, or any other figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign. Reader boards shall be included in the sign measurement.
C.
Multifaced signs. The area shall be measured by including the area of all sign faces, except if two such faces are placed back-to-back and are of equal size, the area of the two back-to-back faces shall be counted as one face. If the two back-to-back faces are of unequal size, the larger of the two sign faces shall be counted as the one face. While square footage is referenced throughout, unusually shaped signs may be calculated by square inches.
E.
Awning and canopy signs.
(1)
Size. The total sign area shall not exceed one square foot for every two linear feet of street frontage of the wall upon which the awning, canopy or marquee is located. Signs shall be affixed flat to the vertical surface.
F.
Projecting signs.
(1)
Number.
(a)
Generally: one per building wall which faces a street or parking lot.
(b)
A building having multiple commercial tenants is permitted more than one projecting sign on a street or parking lot frontage, provided that the number of projecting signs does not exceed one for each 25 feet of frontage and one per tenant.
(2)
Size. Signs shall not exceed six square feet in area per sign.
(3)
Location.
(a)
Signs shall not project more than three inches from the face of the building or wall or extend beyond the roofline of a one-story building.
(b)
Signs shall maintain a clearance of eight feet from the public way (sidewalk).
(c)
No projecting sign shall project or extend more than 10 feet into or beyond a required building setback line.
(d)
No projecting sign shall be permitted which obstructs or interferes or in any way becomes a hazard to the orderly movement of pedestrian and/or vehicular traffic.
G.
Freestanding signs.
(2)
Size. The sign area shall not exceed one square foot for each linear foot of street frontage and with a maximum of 32 square feet.
(3)
Location. Signs shall be located at least five feet from any property line; provided, however, that portable signs, where permitted, shall meet the requirements of Subsection L of this section.
(4)
Height. Signs shall be no higher than 12 feet from the grade in districts where the maximum posted speed limit is 25 miles per hour, 16 feet where the speed limit is over 25 miles per hour.
(5)
All signage in multi-tenant locations shall have continuity in design, size, color and lettering.
H.
Instructional signs. The total sign area shall not exceed eight square feet.
J.
Letters mounted on buildings. When individual letters are mounted directly on a building, square footage shall be determined by the space from the left-hand side of the first letter and ending on the right-hand side of the last letter multiplied by the height of the largest letter; such letters shall not exceed 12 inches in width or 36 inches in height.
K.
Sign height. The height of the sign is measured from the finished grade to the top of the sign. Such signs shall be situated so as to have the longer dimension oriented horizontally and to have the shorter dimension oriented vertically.
L.
Portable signs/sandwich board signs. Sandwich board signs shall not exceed 12 inches in width and 36 inches in height, and it shall be placed adjacent to the building and business to which it pertains.
M.
One reader board per lot or business is permitted on a wall or as a freestanding sign.
N.
Windblown display. In the case of a string of pennants, flags, etc., each string shall be treated as one "windblown display," and the total area of all such pennants or flags on the string shall not exceed three feet by five feet.
§ 197-69 Sign regulations by zoning district.
A.
Residential districts.
(1)
Applicability: R-1, R-2, R-2(H), R-3, R-3(H), LC, and LC(H) Districts.
(2)
Customary signs and fixed symbols, in conjunction with residential usage, such as mailbox signs and names of residences. No such sign shall exceed 15 square feet in area, nor shall it be illuminated.
(3)
Except as may otherwise be provided in this article, no signs shall be displayed from the interior of any structure so as to be plainly visible from outside such structure.
(4)
Freestanding community signs for residential subdivisions, mobile home parks, multiple-family complexes having six or more units, schools, churches, or other institutional uses permitted in the district:
(a)
Number: one per street frontage, to a maximum of two signs per subdivision, park, multiple-family complex, school, church or other institutional use.
(b)
Size. Each sign shall be no greater than 24 square feet.
(c)
Location. Signs shall be located at least five feet from any property line.
(d)
Height. No higher than six feet from the grade.
(6)
Signs for home-based businesses and bed-and-breakfast establishments.
(a)
Number. A licensed home occupation, professional office, or bed-and-breakfast establishment shall be permitted only one identification sign that is freestanding, projecting, or affixed flat against the residence.
(b)
Size: no greater than three square feet in area.
(d)
Any sign must be placed or sized so as not to impede visibility for vehicular or pedestrian traffic.
(7)
Windblown displays may be flown or displayed in the R-1, R-2, R-2(H), R-3 and R-3(H) Districts and may be flown in the LC and LC(H) Districts when the primary use for the property is residential, provided that:
(a)
No windblown display shall be permitted on any lot carrying a commercial message in conjunction within a commercial use or activity occurring on any other specific lot within the City or within a one-mile radius of the City.
(c)
No windblown display shall be illuminated in any fashion, except for flags of sovereign nations, states, counties or municipalities.
(d)
Flags of sovereign nations, states, counties or municipalities may be illuminated by any conventional methods, but:
[1]
Revolving flashing, animated, or moving lights shall not be permitted.
[2]
All such illuminated flags shall be flown or displayed from the same flagpole, staff or other similar device; any illumination shall be enclosed and directed to prevent the light from shining directly into traffic or residential property or otherwise restricting visibility.
B.
Nonresidential districts.
(1)
Applicability: TC, GC, MC, C/H, CF, CF(E), CF(HC), I Districts.
(2)
Standards.
(a)
Temporary signs and/or banners used for holidays, public demonstrations, or promotion of civic welfare or charitable purposes, when authorized by the Building Official.
(b)
The Building Official will consider the size of the proposed sign in relation to the location and zoning of the area in which it is proposed for placement.
(c)
Temporary signs, i.e., garage sales, shall be removed within two days following the event.
§ 197-70 Nonconforming signs, billboards or advertising signs; removal.
A.
General provisions.
(1)
Every permanent legally existing sign, billboard or advertising sign which does not conform to the height, size, area, or location requirements of this article as of the date of the adoption of this chapter is hereby deemed to be a continued legal nonconforming use.
(2)
When compliance required. Nonconforming signs shall be removed from the premises or otherwise made to comply with these regulations in the following instances:
(a)
When there is a construction, renovation, replacement or repair to more than 75% of the exterior of the principal building measured in square feet of exterior wall surface area, or expansion of more than 20% of the floor area of the principal building measured in square feet of floor area on the premises on which such nonconforming signs are present, except that freestanding signs that are nonconforming with respect to front setback requirements shall not be made to be set back further than the front of the principal structure.
(b)
When, within any given two-year period, construction, renovation, replacement or repair projects involving less than 75% of the building exterior and/or individual building additions involving less than 20% of the floor area of the principal building on the premises would, in aggregate, exceed the seventy-five-percent renovation and/or twenty-percent expansion thresholds set forth herein, all such nonconforming signs shall be brought into conformity with these regulations or shall be removed from the premises.
(c)
When a sign is to be replaced.
(d)
When a business or activity for which the sign existed closes its business or activity.
(e)
Prior to the issuance of any permit for the placement of any additional signage on the property. No new signs of any type shall be added to the property until nonconforming signs are removed.
B.
Removal of unsafe or nonconforming signs.
(1)
If the Building Official or the authorized representative determines that any sign regulated by this article is unsafe or constitutes a hazard to the public, including but not limited to obstructing vision of vehicle drivers or pedestrians, or has been constructed, erected or maintained in violation of the provisions of this article, the Building Official may remove the sign or require its immediate removal. Failure to comply with a notice of violation by the Building Official shall be deemed a violation.
(2)
Any sign placed or erected in a public street, alley or right-of-way, or other public place, which is not specifically permitted in such place, shall be deemed an unlawful sign, and the department of the City having jurisdiction over the maintenance of such public place shall remove such sign. Such removal may be without written or other notice to the owner, lessee or person of the property adjacent to the public street, alley, or right-of-way, or other public place upon which such sign is located; however, there shall be notice if the unlawful sign will cause no immediate danger.
(3)
Should any sign be removed by an authorized agency of the City, the owner of the property on which the sign was located shall be responsible for the cost of removal and any storage.
§ 197-71 Sign permits.
A.
Permit required. A permit shall be required to erect, alter, display, relocate or replace any sign structure or mural, except as exempted herein.
B.
Application contents and procedure.
(1)
Application for permit to erect or install a sign is to be made by the owner, tenant, or lessee of the property on which the sign is located or by the authorized agent, Delaware licensed contractor, or registered architect or engineer.
(2)
The application is to be made in writing to the Building Official, on forms furnished by the Building Official, and shall be signed by the applicant.
(3)
The application shall state the address, site of installation, and estimated cost of work and fully describe the sign according to the definitions and specifications of the chapter.
C.
Permit fee. Upon approval of the application and before issuing the sign permit, a permit fee in an amount determined by Mayor and City Council shall be paid.
D.
Any person adversely affected by the provisions of this article as defined in a decision of the Building Official concerning the compliance to code and denial of application may appeal to the Board of Adjustment for a variance from the provisions herein.
E.
If the licensee shall at any time fail to comply with the provisions of this article or not be in accordance with the approved drawings, specifications and details of the approved application, or shall fail to comply with any written directions of the Building Official based upon the provisions of this article, the Building Official or authorized representative may suspend or revoke the permit and provide the reasoning therefor.