The Town of Bethany Beach has significant interests in permitting
the following types of signs in order to comply with federal, state
and local laws, promote public safety in the operation of public utilities,
and promote public safety on Town property and/or in the street right-of-way.
The following signs may be installed without a sign permit, but shall
meet the requirements outlined below in this section and the requirements
found elsewhere in this chapter. Under certain circumstances, these
signs might require a building permit. Contact the Building Inspector
or the Town's Code Enforcement Officer for permitting requirements
prior to installing any signs listed below. These signs shall not
be included in the determination of the type, number, or area of signs
allowed on a given property.
A.
Address signs: signs installed in compliance with Chapter 461 (Houses, Numbering of) in the Bethany Beach Town Code.
B.
Construction signs.
[Amended 3-15-2013 by Ord. No. 486]
(1)
A maximum
of four construction signs (one sign per company) are permitted per
job site;
(2)
Size
of each construction sign are typically 16 inches by 18 inches or
a maximum of two square feet including the sign frame;
(3)
Maximum
construction sign height measured from the top of the sign to ground
elevation is 30 inches;
(4)
Construction
signs are not to be illuminated or have any attention-getting devices
attached such as but not limited to balloons or streamers;
(5)
Construction
signs must not be displayed prior to the start of work at the job
site and must be immediately removed upon completion of the designated
work at the job site. The Town has the right to remove construction
signs prior to the start of work at the job site or those remaining
after completion of the designated work, with the owner of the sign(s)
possibly being subject to a fine/penalty for the removal of such sign(s).
C.
Gasoline price signs: as required by federal and state law, not more
than one price sign for each frontage, not to exceed 20 square feet
each and subject to height and setback limits established by the zoning
district.
D.
Government signs: official federal, state or local government signs
and notices issued by any court, person or officer in performance
of a public duty, including all government-mandated traffic safety
signs.
E.
No-trespassing/no-solicitation signs: no-trespassing/no-soliciting
warnings posted in conformity with federal, state and local laws and
case law, not to exceed 144 square inches per sign nor to exceed one
sign per dwelling, business establishment, or premises, provided that
any undeveloped lot or parcel shall be permitted one sign plus an
additional sign for each 5,000 square feet of lot area in excess of
the first 5,000 square feet.
F.
Traffic safety and parking signs: signs warning of construction, excavation, or similar hazards. Parking lot and other private traffic directional signs, each not exceeding three feet in height and nine square feet in area, and limited to guidance of pedestrian, bicyclists, or vehicular traffic within the premises on which they are located. Handicapped parking signage installed pursuant to § 227-71 of the Town Code.
G.
Temporary signs: All temporary signs permitted hereunder shall be
kept in good maintenance and repair. The Town may remove any temporary
sign, which is allowed to remain in substandard condition upon the
expiration of 24 hours' notice of such violation to the property
owner. Temporary signs shall be allowed in addition to any permanent
signs allowed under this chapter.
(1)
Temporary noncommercial speech signs. Temporary signs containing noncommercial speech are permitted in all zoning districts, subject to the provisions of Article III of this chapter, and subject to the following:
(a)
No temporary sign containing noncommercial speech shall be displayed
more than 90 days before the event to which its noncommercial speech
message relates, and all temporary signs shall be removed within 10
days following the completion of that event.
(b)
No temporary noncommercial speech sign shall exceed 288 square
inches of total sign area, provided that during the last 30 days preceding
the event, total permitted sign area may be increased to 576 square
inches.
(c)
No temporary noncommercial speech sign shall exceed 30 inches
in height.
(d)
The total maximum aggregate sign area for all noncommercial
speech signs shall not exceed 576 square inches:
(e)
Not more than one temporary sign displaying substantially the
same noncommercial speech message shall be permitted, as applicable:
(f)
Except for indirect illumination from other preexisting light
sources (e.g., post lamps, porch lights, streetlights), no temporary
noncommercial speech sign shall be illuminated, nor shall any temporary
noncommercial speech sign have attached to it, nor be located near,
any attention-getting device.
(g)
No temporary noncommercial speech sign shall be located on or
extend over the public beach or boardwalk, or any public sidewalk,
ramp, steps, crosswalk, curb, curbstone, streetlamp post, hydrant,
tree, shrub, tree stake or guard, utility pole or guy wire, public
bridge, drinking fountain, foot shower, public restroom, public bench,
Town bandstand, or be located on any other public property. Any sign
in violation of this provision may be removed immediately by the Town.
(2)
Temporary commercial speech signs. The following temporary signs containing commercial speech are permitted in all zoning districts, subject to the prohibitions of Article III of this chapter and subject to the following:
(a)
Real estate signs:
[1]
On site: signs indicating that the property on which the sign
is located is for sale or lease.
[a]
Residential districts: one freestanding real estate
sign, no larger than 288 square inches in total sign area (that includes
the sign frame), nor exceeding 30 inches in height, advertising the
sale or lease of each property, not illuminated and located on the
property for sale or lease. Window signs shall not exceed, in the
aggregate, 288 square inches in total sign area. Real estate signs
advertising the sale of a property shall be removed within 10 days
following final closing or exchange; real estate signs advertising
that a property is for lease shall be removed when no leasehold terms
remain available for the remainder of that calendar year.
[b]
Commercial/commercial lodging districts: one freestanding real estate sign, no larger than 32 square feet in total sign area, nor exceeding eight feet in height, advertising the sale or lease of each property, and located on the property for sale or lease. Such signs may be illuminated in accordance with the provisions of § 530-9. Window signs shall not exceed, in the aggregate, 32 square feet in total sign area. Real estate signs advertising the sale of a property shall be removed within 10 days following final closing or exchange; real estate signs advertising that a property is for lease shall be removed when no leasehold terms remain available for the remainder of that calendar year.
[Amended 1-16-2015 by Ord. No. 509]
[2]
Off site: signs advertising an open house for a property offered
for sale or lease are permitted on property other than the property
offered for sale or lease as follows:
[a]
Each parcel with a unit for sale may post up to
five off-site open house directional signs constructed of durable
material. The dominant feature of the off-site open house directional
sign shall be a directional arrow, but such off-site sign may also
contain the name of the real estate broker/agent, the address of the
open house, and the hours thereof.
[b]
Off-site "open house" signs shall be no larger
than one square foot of sign area per sign side with no more than
two sides per sign, and shall not exceed 30 inches in height.
[c]
Off-site "open house" signs posted or placed on
private property with the consent of the property owner.
[d]
Off-site "open house" signs shall not be illuminated,
nor be located near or have attached thereto any attention-getting
devices such as balloons or streamers.
[e]
Off-site "open house" signs shall be posted not
more than 24 hours prior to the time set for the open house and shall
be removed no later than two hours after the closing of the open house
for each day.
(b)
Yard and garage sale signs.
[1]
Residential districts: one freestanding yard/garage sale sign,
no larger than 288 square inches in total sign area, nor exceeding
30 inches in height, not illuminated and located on the property where
the yard/garage sale is to occur. Yard/garage sale signs shall be
posted no more than two days prior to the day of the sale and shall
be removed by 8:00 p.m. the day of the sale. Anything herein to the
contrary notwithstanding, the size and time-posting limits for any
yard sale, garage sale, or flea market sale sponsored by and conducted
upon the premises of a public or quasi-public institution (e.g., fire
company, church or synagogue, school) shall be no larger than 32 square
feet in total sign area and posted no more than seven days prior to
the day of sale and be removed within one day following the sale.
[2]
Commercial districts: one freestanding yard/garage sale sign,
no larger than 32 square feet in total sign area, nor exceeding eight
feet in height, located on the property where such yard/garage sale
is occurring. Such signs shall not be illuminated. Yard/garage sale
signs shall be posted no more than two days prior to the day of the
sale and shall be removed by 8:00 p.m. the day of the sale.
[3]
Commercial Lodging District: Yard and garage sale signs are
not permitted in the Commercial Lodging District.
[Added 1-16-2015 by Ord. No. 509]
(c)
Personal property "for sale" signs. Personal property "for sale"
signs are signs advertising the sale of items of personal property
(e.g., automobiles) by private individuals and not in conjunction
with any commercial business: one sign, no larger than 288 square
inches in total sign area, either freestanding on the property where
the item for sale is displayed or located or mounted on the item for
sale. Such signs shall not be illuminated. Freestanding signs under
this subsection shall not exceed three feet in height and shall be
displayed not more than 15 days (consecutive or nonconsecutive) during
any forty-five-day period of time, nor more than 45 cumulative days
during any three-hundred-and-sixty-five-day period of time.
H.
Temporary signs in the C-1 and C-2 and CL-1 Commercial Districts.
[Amended 10-19-2012 by Ord. No. 484; 1-16-2015 by Ord. No. 509; 6-19-2015 by Ord. No. 530]
(1)
Limited to a total of five temporary signs per business location
with no individual temporary sign larger than two feet by two feet.
(2)
Temporary signs in windows: temporary signs on commercial properties
that are painted directly on a window, affixed to the inside of a
window, or hung within 12 inches of a window promoting any message,
including, but not limited to, grand openings and special events (commercial
and noncommercial), provided that the sign or signs do not exceed,
in the aggregate, 10% of each window area, or four square feet per
window, whichever is greater.
I.
Transit signs: signs identifying transit stops, facilities, times
and bus routes.
J.
Utility signs: signs placed by utility companies as part of the normal
operation and maintenance of facilities such as public telephones,
electric poles, lines, and transformers, and underground services.
K.
Vehicle signs: painted signs or decals affixed to the body of any
vehicle, unless parked for the primary purpose of displaying the sign,
as evidenced by, among other considerations, its location on the premises,
the length of time it remains parked there, and the frequency with
which it is driven off the premises.
L.
Noncommercial speech signs: noncommercial speech signs as defined
herein.
