[HISTORY: Adopted by the Town of Bethel 6-12-1991, amended in
its entirety 6-9-2021. Subsequent amendments noted where applicable.]
A.
The purpose
of this chapter is to recognize the importance of signs in the community
and to establish regulations to protect the public from signs which
may be a hazard to vehicular or pedestrian traffic, as well as to
balance the number, size, placement and appearance of signs to protect
property values and the character of the community.
B.
All signs
to be installed pursuant to this chapter shall be approved by the
Code Enforcement Officer as appropriate. All applications for sign
approval shall be accompanied by the required fees as set forth in
the Town of Bethel Fee Schedule.
This chapter applies to all exterior signs and window signs
in the Town of Bethel visible from the public way.
The following signs do not require permits or payment of the
fee but must meet the other requirements of this chapter:
A.
Decorations.
Pertains to decorations put on the public way by organizations such
as the Chamber of Commerce. No more than four consecutive months per
decoration.
B.
The flags
of any nation, state, town, or military or service organization.
C.
Land use
signs, such as "no hunting."
D.
Safety
signs.
E.
Transit
system.
F.
Motor vehicles
displaying advertisements which are lawfully carrying valid state
registration and inspection stickers shall be exempt from this chapter.
Vehicles displaying advertisements but which are not lawfully carrying
valid state registration and inspection stickers shall be deemed to
be in violation of this chapter if they are parked in a manner intended
to be readily visible to motorists and pedestrians, in the judgment
of the Code Enforcement Officer.
G.
Trailers
displaying advertisements which are lawfully carrying valid state
registrations are exempt from this chapter except those which are
determined by the Code Enforcement Officer to be circumventing the
intent of this chapter. Circumvention shall include, but not be limited
to, advertisements which are continuously in the same location or
advertisements placed on property where the advertiser's business
is not carried on or practiced. Trailers displaying advertisements
but which are not lawfully carrying valid state registrations shall
be in violation of this chapter if they are parked in a manner intended
to be readily visible to motorists and pedestrians, in the judgement
of the Code Enforcement Officer.
H.
Traffic
flow informational signs, each not exceeding two square feet in area
describing functions or areas so as to assist visitors to enter, park,
not park, or exit or to list activities or services at the site shall
be permitted. The top of signs shall be not more than seven feet above
the ground elevation, and no more than two signs for each business
shall be allowed without review by the CEO.
A.
No sign
shall be attached to any tree, traffic control signs or devices, public
utility poles or fixtures. No sign shall be painted upon any rock,
ledge or other natural feature.
[Amended 6-12-2024 ATM
by Art. 9]
B.
No business
advertising sign, permanent or temporary, shall be erected on public
property, including the road right-of-way.
C.
No sign
shall be located where, by reason of position, shape, wording or color,
it interferes with or obstructs the view of pedestrian or vehicular
traffic.
D.
No sign
shall be confused with any authorized traffic sign, signal or device.
E.
No sign
shall project from a building over a public way with the bottom of
the sign less than eight feet vertically above the ground. The sign
owner is responsible for insuring the sign.
F.
No official
business signs, such as those authorized by the State of Maine Department
of Transportation, advertising any business or other activity shall
be permitted on any roadway within the limits of the Town of Bethel.
G.
Failure to maintain. The Code Enforcement Officer shall determine if a sign is adequately maintained. If, in the judgment of the Code Enforcement Officer, a sign is not adequately maintained, the Code Enforcement Officer shall give 30 days' notice to have the sign repaired or removed. The owner of the sign shall have the choice to repair or remove the sign. Failure to comply with the order of the Code Enforcement Officer will result in a fine as provided in § 136-11.
[Amended 6-12-2024 ATM
by Art. 9]
H.
Any outdoor
sign which pertains to any activity no longer in existence shall be
removed by its owner or persons otherwise responsible within 30 days
from the time the activity ceases. This provision does not apply to
seasonal activities during the regular periods in which they are closed.
I.
No sign
shall consist of beach flags, feather flags, pennants, ribbons, streamers,
sheets, spinners or other moving devices.
J.
No sign
shall consist of strings of lights or have blinking, flashing or fluttering
lights or other illuminating devices which have a changing light intensity,
brightness, or color.
K.
No sign
shall be illuminated by other than steady light.
L.
No sign
shall be movable or portable (unless defined as a temporary sign).
M.
No sign
shall have visible moving parts or blinking, moving or glaring illuminations.
N.
No sign
shall be erected which consists of a sign attached to or printed on
any balloon, kite or other aerial device, whether tethered or untethered.
O.
Any change
in size, location or lighting of any sign shall constitute a new sign.
P.
No sign
shall be illuminated with lighting that will obstruct the view of
any public way or have its beams or rays directed to any portion of
a public roadway. Lighting must be directed onto the sign with downward
and/or shielded lighting, as required, and shall not create a hazardous
glare for pedestrians or motor vehicles.
Q.
No private
signs shall be permitted on the Town-owned property at the corner
of Main Street and Mechanic Street, otherwise known as "Veteran's
Memorial Park," including, but not limited to, temporary signs within
the right-of-way.
[Added 6-12-2024 ATM
by Art. 9]
A.
No person, firm or corporation shall erect a sign or a sign structure
of any kind without a permit issued by the Code Enforcement Officer
if required. All applications for sign approval shall be accompanied
by the required fee as set forth in the Town of Bethel Fee Schedule.
Signs that have been erected without a permit shall pay a late fee
as set forth in the Fee Schedule upon application if no action has
been taken after 10 days' notice by the CEO.
[Amended 6-12-2024 ATM
by Art. 12]
B.
Application for a permit shall include the name, address and contact
information of the sign owner; attach a drawing of the sign(s) that
includes the following information:
(1)
Sign location: Map and Lot Number and posted speed limit (miles per
hour).
(2)
Number of feet to the center line of the road, the outside edge of
the pavement, or the edge of the right-of-way, as applicable.
(3)
Dimensions and graphics of the sign face area(s).
(4)
Dimensions of signposts and height from the ground or finished grade
(freestanding signs).
(5)
Dimensions of building face (for wall-mounted signs only) length
of building and square footage of largest face, excluding doors and
windows.
(6)
If the sign will be externally lighted, include a sketch of the lighting
plan. Internally lit signs are not permitted except in windows.
Lighted window signs may only be illuminated by a steady light;
lighted window signs may not flash, wink or blink, but they may have
text which scrolls.
Unless otherwise specified, a business, organization, or activity
is allowed a total of two permanent advertising signs which must comply
to the following standards:
A.
Sign size.
(1)
In areas where the speed limit is less than 35 miles per hour, any
sign shall not exceed 24 square feet in area.
(2)
In areas where the speed limit is 35 miles per hour or greater, any
sign shall not exceed 40 square feet in area.
(3)
In areas where the speed limit is 45 miles per hour or greater, any
sign may be 80 square feet, provided that the sign is not:
B.
No freestanding sign shall be exhibited over 16 feet above the average
finished grade.
C.
The number of signs for a building which houses up to two businesses shall not exceed two signs per business, one of which conforms to Subsection A and the other not to exceed 12 square feet.
D.
Signs for a building housing three or more businesses or services
shall erect a kiosk advertising under one name the entire activity.
A kiosk may be erected at each major entrance separated by a minimum
of 200 feet and shall only count as one sign. Each business is also
permitted one identification sign not to exceed 12 square feet in
area mounted on a building.
(1)
In
areas where the speed limit is less than 35 miles per hour, the part
of the kiosk bearing the name of the building or business complex
shall not exceed 16 square feet and the top of the kiosk shall not
be higher than 13 feet above the ground. Each business sign shall
be identical in shape and shall not exceed five square feet in size.
(2)
In
areas where the speed limit is 35 miles per hour or greater, the part
of the kiosk bearing the name of the building or business complex
shall not exceed 40 square feet and the top of the kiosk shall not
be higher than 16 feet above the ground. Each business sign shall
be identical in shape and shall not exceed 13 square feet in size.
E.
Any building exposed to a public way may have a wall sign in addition to the one allowed in Subsection D, provided that such additional sign is located on the opposing wall of the building and shall conform to the following dimensional requirements: A wall sign shall have an aggregate area not exceeding 1 1/2 square feet for each linear foot of building face or 10% of a solid wall surface which excludes windows and doors, whichever is less. All wall signs must run parallel to a street lot line or parking lot. Where two or more wall signs are affixed to one wall, the gross display area shall not exceed the allowed total area for signs. A maximum of 40% of a wall sign may have changeable copy.
F.
A business may have as one of its signs a roof sign which conforms
to the following:
(1)
No roof sign shall be erected such that its top edge is above the
main roofline.
(2)
No roof sign shall be on any roof surface other than those roofs
immediately above the first story.
(3)
A roof sign may only be lit from the exterior with lights that produce
steady, nonflickering illumination.
(4)
No sign shall be more than four feet above the drip edge.
(5)
In areas where the speed limit is less than 35 miles per hour, the
roof sign shall not exceed 12 square feet with a maximum height of
two feet.
(6)
In areas where the speed limit is 35 miles per hour or above, a roof
sign shall not exceed 24 square feet with a maximum height of 2 1/2
feet.
(7)
A roof sign for a building housing two or more businesses or services
shall be limited to 12 square feet per business. Roof signs per business
shall have a maximum height of two feet. All roof signs on a single
roof must be identical in size and shape.
G.
In the shoreland zone, the above standards apply except where stricter standards apply from Chapter 132, Shoreland Zoning.
H.
Any sign must be located on the premises on which the business or
service is located, except one additional sign may be erected on a
previous site of a business or service which has relocated for reasons
of an unforeseen disaster (example: due to fire) for a period of 12
months.
I.
Any sign which was lawfully in existence prior to the effective date
of this chapter is considered to be "grandfathered."
(1)
Maintenance,
repairs and changes to the content of a grandfathered sign shall not
constitute an alteration requiring conformance with this current sign
regulation, and no permit is required as long as the changes do not
make the sign more nonconforming.
(2)
Any
changes to the size, location or lighting of a grandfathered sign
shall constitute a new sign; a permit requiring conformance with current
sign regulations is obtained for the changes from the Code Enforcement
Officer.
[Amended 6-12-2024 ATM
by Art. 12]
(3)
New
signage may be proposed for a site that contains grandfathered signage,
provided that all new signage is in compliance with this chapter.
J.
Exterior signs may be lit by external lighting only. As of June 12,
1997, internally lit external signs are prohibited in the Town of
Bethel. Prohibited internal lighting includes electronic or digital
message or reader boards, liquid crystal displays (LCD), and light-emitting
diodes (LED).
K.
The area of each side of a ground sign shall be considered to be
that of the smallest rectangle which encompasses the outline of the
sign. Any side support area shall not exceed eight square feet. Ground
signs must be reviewed by the Code Enforcement Officer on a case-by-case
basis.
L.
Two nonilluminated awning or two marquee signs per building shall
be allowed in addition to approved signs.
M.
Subdivision signs. One freestanding sign or ground sign at each public
entrance to a subdivision shall be permitted. The sign is not to exceed
16 square feet in area.
Temporary signs do not require a permit, but shall meet all
requirements of this section.
A.
Two flags,
advertising products, services or "open/closed" per premises, not
to exceed three feet by five feet in size, each in addition to other
signs allowed. Not applicable to residential use.
B.
Two freestanding
on-premises signs, not to exceed six square feet each, which may be
used for changeable messages, shall be permitted. No such signs shall
be placed where they block the sidewalk.
C.
A total
of 24 square feet of banners or flags may be displayed for a total
of 120 days per year. Temporary banners shall be placed on-site. No
portion of a temporary banner shall be free hanging, and all corners
shall be secured.
D.
Seasonal
businesses without permanent signage permitted under this chapter
are allowed two seasonal signs on the premises not exceeding 32 square
feet where the speed limit is 35 miles per hour or higher or 12 square
feet where the speed limit is less than 35 miles per hour. One additional
sign with a changeable message is permitted, provided that the sign
does not exceed eight square feet in size.
E.
Seasonal
agricultural signs that were in use prior to the 2021 Annual Town
Meeting will be considered to be grandfathered. Seasonal agricultural
signs shall be permitted when crops are offered for sale on the premises
where those crops were grown from May 1 to December 31 of each year.
Signs may advertise only those fruits and vegetable that are available
for immediate purchase. A grower may not erect more than four signs.
A sign must not exceed eight square feet in size and must be located
within five miles of the farm stand. The signs must be erected on
private property with the landowner's written consent, except that
the signs may be erected within, but at the edge of, the rights-of-way
of highways that receive no federal aid (23 M.R.S.A. § 1913-A).
[Amended 6-12-2024 ATM
by Art. 12]
F.
On-premises
real estate signs. One post or frame real estate sign noting property
for sale, lease, rent or otherwise is allowed to be displayed on premises
for each road frontage where the property abuts a public or private
way. Rider signs are permitted on real estate signs that are on premises,
as long as the sign's size limitation (seven square feet) is not exceeded.
The sign must be removed 14 days after closing or rental. In addition,
each property for sale or rent is allowed one temporary wicket sign
to be posted not more than six days in a continuous thirty-day period.
G.
Construction
sites. One temporary sign on each road the construction site has frontage
may be erected where construction is taking place during the period
of work. Signs must be six square feet or less in size, or entities
may combine their business names and logos into a single sign.
H.
Special
event signs are permitted on public or private property and shall
adhere to the following standards:
(1)
Signs
shall be placed no earlier than 14 days prior to the event and shall
be removed no later than one day after the event.
(2)
Signs
shall be no larger than 16 square feet.
(3)
Signs
shall not be placed on public property outside the right-of-way without
Town approval.
(4)
Event
fulfillment signs, to include banners, are permitted only on the site
of the event and shall be placed no earlier than two days before and
shall be removed no later than one day after event.
(5)
Directional
and traffic control signs shall be permitted only for the duration
of the event.
This section applies to businesses, governmental and nonprofit
entities and/or destinations as provided. All signs are to be installed
pursuant to this section. These signs are designed to assist the traveling
public who are users of the state and local transportation network,
including federal, state and local roads. The provision of such signs
and the placement of business, governmental and nonprofit destination
entries on signs and kiosks are subject to the limitations and specifications
set forth in this section. These elements will be part of an official
Bethel Sign and Information System to be administered by the Town.
This section is subject to a memorandum of understanding with the
Maine Department of Transportation in accordance with 23 M.R.S.A.
§ 1906 for the development and placement of distinctive
official business directional signs. Design and construction specifications
for public kiosks, roadside directional signs, and sign assemblies
are described in Subsection K.
A.
Bethel sign areas. Bethel sign areas are established by this section.
Certain provisions in this section are subject to a specific sign
area location as identified herein. The boundaries of the Bethel sign
areas are defined as follows:
(1)
The "Highway Sign Area" is the area comprised of all lots with frontage
on Routes 2, 5, 26, 35, 232, and Parkway.
(2)
The "Village Sign Area" is the area comprised of all lots with frontage
on Main Street.
(3)
The "Town Sign Area" is the area comprised of all other lots that
do not meet the definition of either the Highway or Village Sign Area.
B.
Public information kiosk system.
(1)
A system of public information kiosks with directory listings and
maps as constructed, installed, and maintained by the Town of Bethel
may provide space for identification of businesses, governmental and
nonprofit destinations in Bethel and environs.
(2)
Participation in the public information kiosk system shall be subject
to a fee for installation and maintenance in accordance to a fee as
set forth in the Town of Bethel Fee Schedule. Participation shall
be limited to businesses, governmental, and nonprofit destinations
that serve the traveling public, to include food service, campgrounds,
lodging, recreational services, shopping, or vehicular fuel, and historic,
cultural, religious, transportation, visitor information or educational
facilities.
(3)
Application for inclusion on a public information kiosk shall be
made on forms furnished by the Code Enforcement Officer. Applications
will be processed in the order of receipt and reviewed by the CEO,
who shall have final responsibility and authority to determine eligibility.
Listings not deemed to meet the intent and purpose or criteria of
this section shall not be approved.
(4)
Installation of individual entries with information such as location,
hours of operation, services, goods or functions offered will be in
accordance with the design and specifications for the kiosk system.
Unless otherwise provided for, these kiosks will not have brochure
racks other than space for designated Bethel Town maps as determined
by the Select Board.
C.
Intra-community signs. "Intra-community signs" are a series of signs
displaying a standardized symbol system that are used to guide the
traveling public to areas within the Town that offer a cluster of
services, destinations, or facilities.
(1)
Intra-community signs will be constructed, installed and maintained
by the Town of Bethel. These signs will only identify a category of
services, or destinations and facilities type without reference to
specific establishment names. Service category or destination or facility-type
signs, noting direction and distance, may include but are not limited
to food service, historic village area, lodging, camping, vehicular
fuel, shopping, public parking, scenic areas, parks, ski areas, hiking
or walking trails, boating access, and museums.
(2)
Damaged, deteriorated, defaced or lost signs shall be replaced by
the Town of Bethel.
(3)
The members of an appointed committee working in concert with the
Town Manager will be charged with the initial plan for determination
of the category listings to be included on intra-community signs and
the placement of the intra-community sign assemblies.
D.
Roadside directional signs.
(1)
Eligibility. The following entities are eligible for roadside directional
signs:
(a)
Year-round and seasonal businesses that serve the traveling
public, to include food service, campgrounds, lodging, recreational
services, shopping or vehicular fuel, that are located within the
Village Sign or Town Sign Area. Please refer to the installation and
removal of roadside directional signs subsection[1] for removal standards for seasonal roadside directional
signs.
(b)
Year-round and seasonal governmental and nonprofit destinations
that include historic, cultural, religious, recreational, transportation,
visitor information or educational facilities that are located in
the Town Sign Area are entitled to placement on the roadside directional
sign assemblies, as per the specifications provided for these types
of signs. Please refer to the installation and removal of roadside
directional signs subsection for removal standards for seasonal roadside
directional signs.
(c)
Year-round and seasonal destinations and businesses beyond the
Town boundaries of Bethel may be served by the system if such destinations
or businesses:
(d)
Roadside directional signs shall only be permitted when travelers
must change direction from one public way to another to reach the
eligible business and/or institution or confirm travel in the correct
direction.
(e)
Roadside directional signs will only be approved if all required
changes in direction can be accomplished with the allowed number of
signs under this section.
(f)
Businesses and governmental and nonprofit destinations as described above in Subsection D(1)(a) and (b) with sufficient frontage that allows for adequate visibility and adequate area for on-premises advertising sign placement and a vehicular main entrance on Routes 2, 5, 26, 35 and 232, and Parkway are not eligible for individual roadside directional signs.
(2)
Sufficient need or hardship. If an individual business and/or governmental
or nonprofit destination located on a lot with frontage in the Highway
Sign Area can demonstrate sufficient need or hardship, such business
may be granted a waiver for inclusion in the roadside directional
system upon review and approval by the Planning Board at a suitably
warned public meeting or hearing. "Sufficient need or hardship" is
defined as:
(a)
Lack of visibility accompanied by insufficient area for on-premises
advertising sign placement at the edge of the public way; or
(b)
Lack of a location for safe placement of on-premises advertising
signs at the edge of the public way, including sufficient distance
in advance of potential sign locations for motorists to adequately
and safely read the sign.
(3)
Number of roadside directional signs per eligible entity. Entities
eligible for roadside directional signs will be entitled to no more
than two primary signs, within a ten-mile radius of each business
or destination, unless the following exception is met:
(a)
Where appropriate to safely guide the traveler, businesses and
public destinations are entitled to secondary confirmatory directional
signs, as per the specifications provided for these types of signs.
Confirmatory signs are designed to supplement the initial roadside
directional sign and are placed in advance of any additional turns
required to reach the businesses or public destination. The Code Enforcement
Officer shall oversee the designation of these secondary confirmatory
signs, which may be granted to businesses and public destinations
that are located in the Town Sign Area. Secondary confirmatory signs
shall not be approved for placement in the Highway Sign Area.
E.
Application, permits, and fees.
(1)
Review and approval of application. Application for a roadside directional
sign shall be made on forms furnished by the Code Enforcement Officer.
Applications will be processed in the order of receipt of applications
and reviewed by the Code Enforcement Officer, who shall have final
responsibility and authority to determine the specific location of
any sign. Signs not deemed to meet the intent and purpose of this
section or the criteria established in these regulations shall not
be approved or erected.
(2)
Application and initial fees. Applications shall be accompanied by
an initial permit fee pursuant to a fee schedule as set forth in the
Town of Bethel Fee Schedule. The Select Board may waive the costs
of participation for year-round and seasonal governmental and nonprofit
destinations in the roadside directional sign system.
(3)
Annual maintenance fees. Permits for each type of sign are to be
renewed annually pursuant to a fee schedule as set forth in the Town
of Bethel Fee Schedule. Failure to pay renewal fees within 30 days
will result in removal of signs by the Town. The permit fee shall
be refunded only if the application for a permit or renewal is denied.
(4)
Nontransferability. Permits for roadside directional signs are only
transferable if there is new ownership but the same business name.
F.
Installation and removal of roadside directional signs. Any roadside
directional sign shall not in any manner interfere with free pedestrian
or traffic passage upon a public way or sidewalk.
(1)
All businesses and destinations with individual sign panels on roadside
directional signs assemblies shall be responsible for the cost of
fabrication and maintenance of the individual signs. Businesses or
destinations no longer operating shall notify the Town Manager within
30 days of closing and be responsible for the cost of removal.
(2)
Damaged, deteriorated, defaced or missing roadside directional signs
shall be replaced at the owner's expense and shall be installed by
the Town of Bethel.
G.
Sign assemblies.
(1)
All intra-community signs and roadside directional signs can only
be placed on sign assembly structures that are installed, constructed,
and maintained by the Town of Bethel.
I.
Placement of roadside directional sign assemblies. Roadside directional
signs shall be located at least 200 feet in advance of key intersections
where travelers must change directions or confirm travel in the correct
direction and at least 200 feet away from other traffic control devices.
If more than three destinations must be included in advance of a single
intersection, multiple sign assemblies shall be used and shall be
located at least 200 feet apart. Where 200 feet advance placement
or separation is not physically possible, signs shall be located with
the greatest distance in advance of the decisionmaking point as possible,
or with the maximum separation possible between signs but no further
than 2,500 feet in advance of the key intersection. The Code Enforcement
Officer shall have the authority to make decisions about alternative
sign assembly placements and/or the discretion to include up to four
destinations on one sign assembly.
[Amended 6-12-2024 ATM
by Art. 12]
J.
Gateways. "Gateways" are existing and proposed areas along state
and local highways at key entry points to the Town of Bethel and Bethel
Village that are to be developed and maintained by the Town of Bethel
and any appropriate organizational partners. Gateways may include
signs, landscaping, lighting, and information elements as deemed appropriate.
Gateways will be developed and maintained in a manner so as to not
adversely affect public health, safety and welfare.
K.
Design and construction specifications. All public information kiosks,
roadside directional signs and sign assemblies shall conform to standards
as outlined in Figures 1a, 1b, 2a, 2b, 3a, 3b, 4, 5, 6, 7, 8a, 8b,
9a, 9b, 10a, 10b, 10c, 10d, 10e, and 10f.[2]
[2]
Editor's Note: Said figures are included as attachments to this chapter.
B.
Conflict
with other ordinances. This chapter shall not be construed to repeal
any existing bylaws or ordinances or to impair the provisions of private
restrictions placed upon property; provided, however, that where this
chapter imposes greater restrictions, its provisions shall control.
C.
When
effective. The effective date of this chapter shall be the date of
Town Meeting approval.
D.
Severability
clause. If any section, clause, paragraph, sentence or phrase of this
chapter shall, for any reason, be held to be invalid or unconstitutional,
such invalid section, clause, paragraph, sentence or phrase is hereby
declared to be severable, and any such invalid or unconstitutional
section, clause, paragraph, sentence or phrase shall in no way affect
the remainder of this chapter.
A.
The owner of a sign which was or is unlawfully erected or maintained
either prior to or after the effective date of this chapter shall
be in violation of this chapter until the sign is either removed or
brought into compliance with this chapter.
B.
The Code Enforcement Officer (CEO), upon noting a violation of a
non-safety-related provision of this chapter for either a permanent
or temporary sign, shall notify the owner of the sign that it should
be removed or brought into compliance with this chapter. If the sign
is not removed or brought into compliance, the CEO shall make reasonable
efforts to remedy the violation. If the CEO is unable to remedy the
violation, he/she shall notify the municipal officers. The municipal
officers, or their agent, shall send a notice to remove to the owner
of the sign by certified mail, return receipt requested. If the identity
of such owner is not known or reasonably ascertained by the CEO, such
notice may instead by sent to the owner of the land on which the sign
is placed. The owner shall remove the sign within 30 days of the receipt
of the notice to remove.
C.
The CEO, upon noting a safety-related concern for either a permanent
or temporary sign, shall notify the owner of the sign that it should
be removed or the safety concern rectified immediately. If the identity
of such owner is not known or reasonably ascertained by the CEO, the
owner of the land on which the sign is placed shall be notified. The
owner of the sign or the owner of the land shall remove the sign or
rectify the safety concern within seven days of the receipt of the
notice to remove or rectify. If the sign is not removed or made safe
within seven days, the municipal officers, or their agent, may remove
the sign.
D.
A person who violates the provisions of this chapter or the conditions
of a permit shall be deemed to be guilty of a civil violation and,
on conviction, shall be fined not less than $100 per day nor more
than authorized by 30-A M.R.S.A. § 4452. Each day such violation
continues shall constitute a separate violation. Any such persons
shall also be liable for court costs and reasonable attorney fees
incurred by the municipality.
A.
Waivers. An applicant may petition the Planning Board
for a waiver. Where the Planning Board makes written findings of fact
that the applicant will suffer a hardship if the requirements of this
chapter are strictly applied, it may waive the necessity for strict
compliance with the requirements of this chapter in order to provide
relief from the hardship in question and to permit a more practical
and economical development; provided, however, that the public health,
safety and welfare will not be compromised.
B.
Appeals. If a Code Enforcement or Planning Board decision is objectionable to the applicant or abutting landowner, or any aggrieved party, or when it is claimed that the provisions of this chapter do not apply, or that the true intent of this chapter has been misconstrued or wrongfully applied, the applicant or abutting landowner, or any aggrieved party, may appeal the decision of the Planning Board to the Board of Appeals following the procedures set forth in § 140-10 of Chapter 140, Site Plan Review.
As used in this chapter, the following terms
shall have the meanings indicated:
A nonilluminated sign painted on or attached to a fabric
cover on a metallic frame. Only individual letters and/or logos may
be attached to, painted, stenciled, or otherwise placed on these devices.
A letter on an awning or canopy can be no more than six inches high.
A logo shall not exceed 10% of the awning area or six square feet,
whichever is less.
[Amended 6-12-2024 ATM
by Art. 12]
A strip of material bearing a slogan or design, hung in a public
place. All banners are subject to damage and fading. Damaged, faded,
tattered or worn banners should be replaced immediately.
PERMANENT BANNERHung from a permanent flagpole or frame. Such banners are considered permanent signs and shall meet all other standards of this chapter.
TEMPORARY BANNERSDo not have permanent frames and they are intended to be temporary signs. Such banners shall meet all standards of this chapter.
All banners shall be maintained in good condition, free of any
defects, including cracking, torn or ripped material or faded copy.
Any off-premises advertising sign on public or private property
regardless of size. Billboards are prohibited in the State of Maine.
[Amended 6-12-2024 ATM
by Art. 12]
A commercial or mercantile activity engaged in as a means
of livelihood and that has been assigned a tax identification number
by the Internal Revenue Service.
Any property where new construction and or repairs and maintenance
to existing structures or grounds is in progress.
The towns of Maine School Administrative District 44.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish.
Signs, associated with a special event, that are located
at the site of the event.
A piece of cloth or similar material, typically oblong or
square, attached by one edge to a pole or rope.
A sign self-supported by a pole or post and not attached
to any building, wall, or fence but in a fixed location.
A light of such brilliance and so positioned as to blind
or impair the vision of pedestrians and/or motorists.
Relating to or dealing with the affairs or structure of a
municipal, county, state or federal agency.
Signs lawfully in existence prior to the enactment of this
chapter, or pertinent amendments, are exempt from new regulations.
An outside sign identifying housing developments, businesses,
services, or homes (such as a shopping area or housing development)
made of brick, masonry or stone the bottom of which is attached directly
and permanently to the ground and physically separated from any other
structure.
Nonprofit, governmental recreational, historic, religious,
cultural or educational facilities.
An internally illuminated graphic representation whose light
source is concealed or contained within the graphic itself and which
becomes visible in darkness by shining through a surface, which includes
electronic or digital message or reader boards, liquid crystal displays
(LCD), and light-emitting diodes (LED).
A freestanding structure designed to provide space for advertising
three or more activities or businesses on a single premises or group
of contiguous premises.
A single or multicolored symbol or design used by a business
as a means of identifying its products or services.
An area of land in one ownership, or leasehold, with ascertainable
boundaries established by deed or instrument of record, or a segment
of land ownership defined by lot boundary lines on a land subdivision
plan duly approved by the Planning Board and recorded in the Oxford
County Registry of Deeds.
A sign painted on, attached to, or consisting of interchangeable
letters on the face of a permanent overhanging shelter which projects
from the face of a building. Letters or symbols shall not exceed six
inches in height. A minimum clearance of 10 feet above the sidewalk
level shall be required.
[Amended 6-12-2024 ATM
by Art. 12]
A road-going vehicle powered by an engine and/or motor that
moves under its own power.
The name of a person residing on the premises or operation
of a business out of the premises, such as a professional office.
Example: "John Brown, CPA."
Sign erected and maintained by the Maine Department of Transportation
within the public right-of-way to indicate to the traveling public
the route and distance to public accommodations, facilities, commercial
services and points of scenic, historical, cultural, recreational,
educational or religious interest. Such signs shall conform to all
applicable state regulations regarding the placement of signs in public
rights-of-way.
A sign which is erected upon the same real property that
the business, facility or point of interest is located. The sign shall
only advertise the business, facility or point of interest conducted
thereon or the sale, rent, or lease of the property upon which it
is located.
Any way designed for vehicular or pedestrian use and opened
for public use. The public highway shall be deemed the full width
of the road as laid out by the state, the county or the Town of Bethel
and in any case shall be deemed to extend 33 feet each side of the
center line of the traveled or built-up portion of the way.
A sign used by a real estate agency or a private owner to
advertise the sale or rent/lease of real estate.
Signs erected and maintained by the Town of Bethel within
the public right-of-way to indicate to the travelling public the route
and distance to public accommodations, facilities, commercial services
and points of scenic, historical cultural and recreational interest.
Signs attached to the roof above the eaves line.
Warning, control, OSHA, or required public safety signs.
Signs erected by growers of fresh fruits and vegetable crops,
advertising those fresh fruits and vegetable crops.
[Amended 6-12-2024 ATM
by Art. 12]
Services that include food service, campgrounds, lodging,
recreational services, shopping or vehicular fuel.
A service provided by an establishment that holds a current
sales tax identification number and operates its business for the
primary purpose of the sale of goods that can be directly purchased
by the consumer on a cash-and-carry basis.
An object, device, or structure, or part thereof, situated
outdoors, visible from a public way, which is used to advertise, identify,
display, or direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, advertising
flags, fixtures, colors, illuminations or projected images. Each substantially
different face of a sign shall constitute a separate sign. Whenever
dimensions of a sign are specified, they shall include the frame.
The facing of a sign, including copy, insignia, background,
structural supports, and borders. The structural supports shall be
excluded if they do not constitute a major part of the sign or if
the structure is not used to identify or attract attention to the
business or product.
An event that is held one time or infrequently.
An amount of frontage on Routes 2, 5, 26, 35, 232, and Parkway
that allows for an eligible entity to have adequate visibility, sufficient
area for on-premises advertising sign placement, and a vehicular main
entrance.
A sign that is displayed no more than a specified number
of days, depending on the type of temporary sign.
A sign regulating traffic which has been erected by municipal
officers having jurisdiction over the public way.
A sign directing traffic to or from or within or providing
information for a commercial, residential or industrial development.
An unpowered vehicle that is towed.
A sign attached parallel to the exterior surface of a building.
