The Town Council of Bethany Beach has determined that sign regulations
are necessary because:
A.
Sign regulations are intended to protect and enhance the character
of the community and its various neighborhoods and districts against
visual blight. A proliferation of signs can seriously detract from
the pleasure of observing the natural scenic beauty of Bethany Beach.
B.
It is necessary to regulate the size, type and location of signs
to encourage the effective use of signs as a means of communication
and to provide equality and equity among those who wish to use signs.
C.
Signs have an important design component and must be architecturally
compatible with affected structures and the character of the surrounding
area in order to maintain the overall quality of a neighborhood, commercial
or commercial lodging district.
[Amended 1-16-2015 by Ord. No. 509]
D.
It is necessary for public safety that official traffic regulation
devices be easily visible and free from nearby visual obstructions
and distractions, such as attention-getting signs, an excessive number
of signs, or signs in any way resembling official signs.
E.
It is the intent of this chapter to regulate the time, place and
manner under which signs are permitted and not the content of signage.
Although examples of content may be provided in these regulations
for clarity, content will not be used as a basis for determining whether
or not a proposed sign is permitted.
This chapter shall apply to all property and land within the
jurisdiction of the Town of Bethany Beach. It is unlawful for any
person, firm, or corporation that owns, occupies, or controls property
in the Town of Bethany Beach to construct, maintain, display or alter,
or cause to be constructed, maintained, displayed or altered, a sign
within the Town except in conformance of this chapter.
[Added 4-20-2012 by Ord. No. 476]
The Town of Bethany Beach is exempt from all provisions of this
chapter.
As used in this chapter, the following terms and phrases shall
have the indicated meanings:
Any sign or device with moving parts, flashing lights, and/or
neon colors, or signs incorporating pennants, streamers, large helium
balloons or any similar visual device used for the purpose of drawing
attention.
A flexible sign of lightweight fabric or similar material
typically supported at two or more points and hung on a building or
otherwise suspended down or across its face, or across a public right-of-way.
The building face means the whole of a building visible from
a public street or private property, excluding sloped roof surfaces.
"Commercial districts" refers to all nonresidential districts,
that the property is zoned commercial or commercial lodging.
[Amended 1-16-2015 by Ord. No. 509]
A sign that identifies the names and locations of tenants
in a multitenant building or in a development made up of a group of
buildings.
Included in this sign designation are freestanding post signs,
monument signs, electronic message centers, and shopping center identification
signs.
The width of a lot or parcel abutting a public street.
The height of a sign is the vertical distance from average
grade (ground level) immediately below the sign to the top of the
sign, including the support structure and any projecting design elements.
An illegal sign is a sign which does not meet the requirements
of this code and which has not received legal, nonconforming status.
Major street frontage is frontage on any arterial road shown
in the Town's Official Zoning Map.
A building element that is part of a permanent entryway or
entry canopy and traditionally associated with theaters. A marquee
sometimes includes a projecting vertical sign, which may extend above
the cornice line of a building. The design and allowable sign area
for a marquee are determined by the Nonresidential Design Review Committee
during the review of the proposed building and/or marquee.
Any sign containing a political, philosophical, religious
or other message not used for commercial purposes and not made in
furtherance or promotion of a commercial product, service or enterprise.
A nonconforming sign is a sign which was erected legally,
but which does not comply with subsequently enacted sign regulations.
Refers to the nonresidential design review process authorized
by the Town Municipal Code (Ordinance No. 413, added 8-7-2006).[1]
Any sign, including a billboard placed for the purpose of
advertising products or services that are not produced, stored, or
sold on the property upon which the sign is located.
A lot or series of lots under common ownership and/or developed
together as a single development site, regardless of how many uses
occupy the site.
The public entrance is one or more places of entry to a premises
that is accessible to the general public.
A residential district is any property found in an R-1, R-1A,
R-1B or R-2 zone, regardless of how the property is actually used.
A roof sign is any sign where any part of the sign is on
or over any portion of any roof, eave or parapet of a building or
structure.
[Amended 4-20-2012 by Ord. No. 476]
A device, fixture, placard, structure, or painting that uses
any color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
For purposes of this Sign Code, a "sign" includes any object,
which is intended to attract the attention of passersby to a business,
service, or product, whether or not such object contains any text.
This may include but is not limited to bright colors, wall signs,
freestanding structures, art work, freestanding or monument signs,
flags, whirl-a-gigs, pennants, streamers, banners, all of which are
subject to the regulations set forth within the sign code.
For purposes of this sign code, a building or portion of a building
which departs from standard design in an attempt to attract attention
to the premises by reason of color scheme, building shape, or unusual
architectural features, or part of a building or facade not required
structurally or for maintenance, and which is intended to direct attention
to products, goods, services, events, entertainment, or an establishment,
shall be considered a sign and subject to all pertinent regulations.
The area of a sign is the number of square feet of the smallest
rectangle within which an individual sign face can be enclosed.
The sign face is the visible portion of the sign, including
all characters, symbols and structural or nonstructural background
(e.g., cabinet frame or painted border), but not including the base
of a pole sign, monument sign or freestanding sign.
An event of temporary and limited duration, including, by
way of example and not limitation, yard sales, sidewalk and boardwalk
sales, special promotions, and public events.
A storefront is a distinct architectural feature that is
immediately accessible from a public sidewalk and consisting of window
displays and entry doors to one or more uses.
A temporary sign is a sign that is temporary in nature and
displayed in conjunction with a specific event, as opposed to a "sign"
which, under this chapter, may be displayed on a permanent or indefinite
basis.
The tenant's building face is that portion of the building
face enclosing the area of the building occupied by the tenant. In
multitenant buildings with interior tenant spaces, each tenant's
building face shall be the proportionate share of the building face
enclosing the area occupied by all tenants.
Information signs that give direction, usually guiding drivers
to destinations, facilities, services, parking, etc.
Any banner (not otherwise included in the definition of "banner
sign"), flag, pennant, spinner, streamer, moored blimp or gas balloon,
whether or not conveying a message through the use of words, letters
and/or symbols. 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
2,160 square inches.
A window display is an arrangement of merchandise, including
graphics and text that is displayed in a building window. Provided
the display is located more than 12 inches back from the inside of
the window, the display is not considered a sign.
A V sign is a sign consisting of two essentially equal sign
faces positioned at an angle of less than 180°.
