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Sussex County Unincorporated
City Zoning Code

ARTICLE V

- SIGNS

Sec. 34-828. - Intent.

The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed signs. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstruction that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, provide more open space, and curb the deterioration of the natural environment and enhance community development.

(Code 1991, § 16-301; Ord. of 11-18-1988; Ord. of 2-21-1991)

Sec. 34-829. - Permit required.

(a)

Required. A zoning permit shall be required before a sign is erected, altered or relocated, except as otherwise provided in this article.

(b)

Applications. Each application for such permit shall be accompanied by plans showing the area of the sign; the size, character and design proposed; the method of fastening such sign; the name and address of the sign owner and the sign erector.

(c)

Fees. Fees for such permit shall be in accordance with the schedule of fees as adopted by the board of supervisors.

(d)

Nullification. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of issuance of the permit.

(e)

Permit exceptions. A permit shall not be required for the following; provided, however, that such signs shall be subject to any and all applicable provisions of this chapter:

(1)

Repainting any sign 12 square feet or less in area, without changing the wording, composition or color, or minor non-structural repairs.

(2)

The changing of the advertising copy or message on an approved painted or printed sign or billboard or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.

(3)

Signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation.

(Code 1991, § 16-302; Ord. of 11-18-1988)

Sec. 34-830. - Signs permitted in A-1, R-R, R-E, R-1 and R-2 districts.

The following signs are permitted in A-1, R-R, R-E, R-1 and R-2 districts and are regulated by this section:

(1)

Signs advertising the sale or rental of property located on the subject property but not to exceed four square feet.

(2)

Portable signs to be regulated as freestanding signs.

(3)

Entrance signs identifying residential subdivisions not to exceed 50 square feet in area.

(4)

Temporary real estate or construction signs not to exceed 32 square feet and to be removed at the completion of the project.

(5)

Signs for permitted commercial uses in the above stated districts shall be governed by the regulations for the B-1 district.

(Code 1991, § 16-303; Ord. of 11-18-1988)

Sec. 34-831. - Signs permitted in the B-1 and B-2 districts.

(a)

This section applies to the B-1 and B-2 districts. For permitted commercial uses, total sign area for building-mounted signs of each business shall not exceed in the aggregate 1½ square feet of sign area of each linear foot of the business, provided they are not projecting more than five feet from the building line or extending above the roofline. No such sign area shall exceed 350 square feet. Where frontage is on more than one street, each frontage shall be considered a separate frontage for purposes of this article.

(b)

Freestanding signs not to exceed 100 square feet in area for each building, but in no case shall such sign extend over the street right-of-way or extend higher than 20 feet.

(c)

One freestanding sign shall be permitted for each building, except that two freestanding signs are permitted for a development having 150 feet of developed frontage or more.

(d)

No more than one freestanding sign shall be permitted for a shopping center, limited in area to 200 square feet and shall not extend higher than 20 feet.

(e)

Outdoor advertising signs shall be permitted in a commercial district within 500 feet of an active place of business and shall be at least 300 feet from the nearest existing outdoor advertising sign. All outdoor advertising signs shall comply with the applicable state and federal permitting requirements. The permitted area for outdoor advertising signs shall not exceed 300 square feet. Outdoor advertising shall not exceed 25 feet in height.

(f)

Businesses located within 1,000 feet of an interstate or limited access roadway shall be permitted one on-premises freestanding sign as defined by the state department of highways and transportation of unlimited height and area for the purpose of attracting non-local traffic from the interstate or limited access roadway in addition to the permitted freestanding signs.

(Code 1991, § 16-304; Ord. of 11-18-1988)

Sec. 34-832. - Signs permitted in the I-1 and I-2 districts.

(a)

This section applies to the I-1 and I-2 districts. For permitted industrial uses, total sign area for building-mounted signs of each business shall not exceed in the aggregate two square feet of sign area for each linear foot of business, provided they are not projecting more than five feet from the building line or extending above the roof line. No such sign area shall exceed 200 square feet. Where frontage is on more than one street, such frontage shall be considered a separate frontage for the purpose of this section.

(b)

One freestanding sign shall be permitted for each building, except that two freestanding signs are permitted for a development having 100 feet of developed frontage or more. Freestanding signs are not to exceed 100 square feet in area for each building on the premises, but in no case shall such sign extend over the street right-of-way or higher than 20 feet.

(c)

Industries located within 1,000 feet of an interstate or limited access roadway shall be permitted one on-premises freestanding sign as defined by the state department of highways and transportation of unlimited height and area for the purpose of attracting non-local traffic from the interstate or limited access roadway in addition to the permitted freestanding signs.

(d)

Outdoor advertising signs shall be setback at least 25 feet from right-of-way or property lines and shall not exceed 25 feet in height.

(1)

There shall be a minimum of 500 feet between outdoor advertising signs.

(2)

The area for outdoor advertising signs shall not exceed 300 feet.

(3)

All outdoor advertising signs shall be subject to other appropriate sections of this chapter and the rules and regulations governing such signs of the state department of transportation.

(e)

The following signs are permitted and are regulated by this section:

(1)

Temporary window signs.

(2)

Permanent window signs, but the area shall be regulated as for building-mounted signs.

(3)

Directional signs on the same property but not to exceed four square feet.

(4)

Portable signs to be regulated as freestanding signs.

(5)

Temporary signs but not to be used for more than 90 consecutive days.

(6)

Flush signs to be regulated as building-mounted signs.

(7)

Temporary real estate signs or construction signs not to exceed 32 square feet and to be removed at the completion of the project.

(f)

No more than one freestanding sign shall be permitted for a shopping center, limited in area to 100 square feet and shall not extend higher than 50 feet.

(Code 1991, § 16-305; Ord. of 11-18-1988)

Sec. 34-833. - Signs prohibited in all districts.

The following signs shall be prohibited in all districts:

(1)

Any sign that violates any provision of any law of the state or federal government.

(2)

Any sign that obscures a sign or signal display by a public authority for the purpose of giving traffic instructions or directions of other public information.

(3)

Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need for requirement of stopping or caution of the existence of danger, or which is a copy or imitation of or which for any reason is likely to be confused with any sign displayed by a public authority.

(4)

Any sign of which all or part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere. This shall not apply to the hands of a clock or a weathervane.

(5)

Any non-shielded illumination of a sign within 200 feet of any residential district.

(6)

Any sign that displays flashing or intermittent lights or changing degrees of intensity, brightness or color.

(7)

Any on-premises signs or other on-premises displays for adult entertainment establishments that display lewd or graphic depictions of body parts or acts which are defined in section 34-1.

(Code 1991, § 16-306; Ord. of 11-18-1988; Ord. of 2-21-1991; Res. of 1-21-1993)

Sec. 34-834. - Nonconforming signs.

Signs, other than outdoor advertising signs, which do not conform to the regulations and restrictions prescribed for the zoning district in which they are situated, but which were erected in accordance with all applicable regulations in effect at that time of their erection may remain erected only so long as the then existing use which they advertise or identify remains.

(Code 1991, § 16-307; Ord. of 11-18-1988; Ord. of 2-21-1991)

Sec. 34-835. - Appearance of signs.

All signs shall be maintained in good working condition so as to present a neat and orderly appearance. The zoning administrator may cause to be removed any sign which shows gross neglect, which becomes dilapidated, or which has area around it that is not well maintained.

(Code 1991, § 16-308; Ord. of 11-18-1988; Ord. of 2-21-1991)

Sec. 34-836. - Removal of signs.

The zoning administrator may order the removal of any sign erected or maintained in violation of this article. He shall give 30 days' notice in writing to the owner of such sign or the building, structure or premises on which such sign is located to remove the sign or to bring it into compliance. Failure to comply shall constitute grounds for the zoning administrator to have the sign removed at cost to the owner.

(Code 1991, § 16-309; Ord. of 11-18-1988; Ord. of 2-21-1991)

Sec. 34-837. - Abandoned signs.

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business to which it advertises is no longer on the premises. If the owner or lessee fails to remove it, the zoning administrator shall give the owner 30 days' notice in writing to remove such sign. Failure to comply shall constitute grounds for the zoning administrator to have the sign removed at no cost to the owner.

(Code 1991, § 16-310; Ord. of 11-18-1988; Ord. of 2-21-1991)

Sec. 34-838. - Structural requirements.

All signs shall meet the structural requirements for the same as set forth in the Uniform Statewide Building Code.

(Code 1991, § 16-311; Ord. of 11-18-1988; Ord. of 2-21-1991)