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HomeMy WebLinkAbout1991-10-28 91-390 ORDINANCEOctober 21, 1991 bwa Na. 911 hemisab`�t 1 Amending Chapter VI, Article 3 - Sign Ordinance Nypw i*Dow men. Planning Division As pari of the adoption process for the proposed'Land Development Code, t ill be necessary to amend the Sign Ordinance to substitute the new zoning districts within the Land Development Code for the old zoning district designations of the former Zoning Ordinance. Therefore, this amendment to the Sign Ordinanceisa "housekeeping" amendment to revise the zoning districts. - Abngy'a Commxib: ; . AnubtW tnlorma4on: Q ! �°u': `�-•D .•B` ��^w-m 3 BudP: ADWaM:a� la�l App10oM: Fzw :w ' saysm„ew ' Innadued For EIPasap v•b �Fult flsedbq �51tlwltl �+sie,l Par—of— ... 91-390 Assped to Com,Nor Bragg. October 28, 1991 CITY OF BANGOR (TITLE.) Mrbi=Cea Amending Chapper. VI, Article 3 Be R ordained by W UW C"noU of Me City of Bazaar, as fellow c THAT Chapter VI, Article 3 (Sign Ordinance) of the Laws and Ordinances ,3f the City of Bangor be deleted in its entirety and replaced with the attached Sign Ordinance dated October, 1991. STATEMENT OF FACT: This Ordinance Amendment is a housekeeping amendmentTLaws and Ordinances of the City of Bangor to substitute the new zoning districts within the Land Development Cade for the old zoning districts inthe farmer Zoning Ordinance f Ile 91-390 In City Connell October 2511991 ORDINANCE ,y a Ist reading _ `4 C ( TITLE.) AmeMicg Chapter Vi Artiole 3 i k y - Sign brazenness IN CITY COUNCIL q November 13, 1991 Amended by Substitution and Passed by the following yes and Aerip��lo no votes. Councilors voting k yea: Baldacci. Blanchette, Bragg, �. Cohen. Frankel, Sawyer, Seel, Soucy �� u— ' and Cymc A&h - Y CLERK O✓l_y 9/-380 October, 1991 Ch. VI; Art, 3 Sec. 1 - 5¢. 2.3 CHAPTER VI ARTICLE 3 - SIGNS Sec. I It shall be unlawful for any person, firm association, o corporation to erect any sign in the City of Bangor except in accordance with this Ordinance. Sec. 2 Permits 2.1 Permit Reauired. No person shall erect any sign, as herein defined, without first obtaining a permit therefor from the Code Enforcement Officer, a%cept for those signs exempted from the requirements of this Article by Sections 2.5, 5.1.6, 5.1.6, 6.1, 6.3, and 6.4. 2.2 Application far Blan Permit. Application for a sign permit shall be made by and signed by the applicant o his agent inwriting upon forms prescribed and provided by the Code Enforcement Officer. When the applicant Is any person other than the owner on tenant of the property where the sign is to be located, the application shall also be signed by the owner or tenant of said property or his agent. The application shall contain the following information: fal Name, address and telephone number of the applicant: (b) Location of the premises or land upon which the sign is to be erected: (c) Plans to scale showing the dimensions of the sign, the position of the sign 1n relation to nearby buildings or structures, the location of the premise or land upon which the sign is to be erected, and the method of illumination, if any, and (d) Such other information as the Code Enforcement Officer shall require to show full compliance with this Article and all other Laws and Ordinances of the City of Bangor. 2.3 Foe. An application to the Code Enforcement Officer for a sign permit shall be accompanied by a permit fee in accordance with the fallowing schedule: On -premise Sign 815.00 Ch. VII, Art. 3 Sec. 2.4 - Sec. 3 2.4 Expiration. Any permit issued shall become null and void if the work authorized thereby is not completed within six (6) months from the date of issuance. 2.5 Exemptions. The following signs are not regulated by this Ordinance and require n sign permitt municipal and state highway and emergency signs and traffic control signals in accordance with the Manual On Uniform Tra441c Control Devises published by the U.B. Department of Transportation] railroad crossing, signs and signals] customary holiday decorations; flags of countries, states, counties, cities, religious and civic organizations, and memorial signs and tablets. 2.6 Issuance of Permit. If the proposed sign is permitted and is in compliance with the applicable requirements of the Laws and Ordinances of the City of Bangor, the Code Enforcement Officer shall issue a permit for the erection of the proposed sign. Sec. 3 Definitions. For the purposes of interpreting this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. Applicant. A person for wham a sign is proposed to be erected, requesting that a sign permit be issued. Arcade Bion. An on -premise sign attached to the underside of the soffit or ceiling of an arcade or covered walkway. Code Eniarcement officer. The Zoning and Cade Enforcement Administration Officer for the City of Bangor, or his „Authorized agent. District. Land Development Code. The word district and the term Land Development Code shall refer to the districts established under the Land Development Code of the City of Bangor in Chapter VIII of the Laws and Ordinances of the City of Bangor. Erect. To build, construct, enlarge, display, relocate, attach, hand, place, suspend, or affix any sign and shall also include the painting of exterior wall signs or window signs. Flashina Sian. A sign, the illumination of which is not kept c nstant in intensity at all times when in use, including signs which are illuminated by a contain flashing, intermittent, or moving light or or Illweather othersimilarinformation that{ not beaconsidered Ch. VI; Art. 3 Sec. 3. flashing signs provided the Local surface aa does not exceed sixty-six (66) square feet and the vertical dimensions of any letter or number is not more than twenty-four (24) inches. Free Standing Sion. A sign supported by itself, by one r more r uprights, poles, braces, o wheels in or upon the ground, or by a structure otherthan a building. Illuminated Sian. A sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes which are part of the sign, or illuminated by an internal tight source. Indirectly Ill"minated S' An illuminated, non -flashing sign whose illumination ;s derived entirely from an external Integrated Shoppino Center. Four (4) or more contiguous retail stores with common off-street parking under single or common management. Name Plate Sion. R non -illuminated sign the area of which does not ac eetl two (2) square foot, which states one or r of thea Following: the n of the building; the name afany non -business occupant; or the address of the building. Off -Premise Sian. A sign which directs attention to a business, profession, product, service, political campaign, entertainment, merchandise, or goods, conducted, sold, present, or Offered upon the promises of land where such sign is locates, Person. Any individual, corporation, joint venture, partnership, or any other legal entity. Premises. The lot or parcel of land, used in the active conduct of a business, service, profession or activity, including but not limited to, structure, driveways, parking lots, storage areas, landscaping, and loading areas. Projecting Sian. A sign which is attached to a building wall and which extends more than fifteen (M inches from the surface of such wall. Roof Sian%. A sign which i attached to a building and is displayed above the eaves of such building. Rotatina Sian. A rotating sign shall mean a sign which turns, rolls or otherwise moves, r gives the appearance of turning, rolling or otherwise moving more than sax (6) times per minute. Ch. VI; Art. 3 Sec. 3 - Sec. 4.2 Sign. Any nasymbol, trademark, identification, description, display, illustration, device, or eading matter which may be viewed from off -premises and is used or Intended to be used to attract the attention of or convey information to the general public. The supporting structure f the sign may be considered to be a part of the sign, but shall not be considered to be part o4 the sign area. A sign shall include writing, representation or other figure of amiler character within a building only when illuminated nd located in a window. 31 The total exposed surface of the sign including 11 entation, embellishment, background, and symbols, but excluding the supporting structure which does not form a part of themesage of the sign, measured in square feet. The sign a of a sign composed of characters or words attached directly to a large, uniform building wall surface, shall be the smallest rectangle which encloses the whole group. Far back to back faces of on -premise signs, only o (1) display face shall be included i computing total sign where the sign faces are parallel and the faces duplicate one another. Sian Structure. Any rigid or semi-rigid material situated upon or attached to, or which is a part of, real property, upon which a sign may be posted or displayed. Wall Sian. Any Sign painted onattached parallel to, the wall surface of a building and projecting there from not more than fifteen (13) inches. Window. An opening in the wall of a building containing transparent or translucent materials such as glass. Window Sian - Permanent. Any on -premise sign v,sible from r the exterior of the building o structure Which i _ permanently painted, attached, glued, or otherwise a4iixed to a window. Sec. 4 General Sian Regulations. All signs, whether on premises, or o44 -premises, shall comply with the requirements set forth in this section. 4.1 No flashing nor rotating signs shall be erected in the City o4 Bangor. 4.2 No sign shall ohstruct a motorist's vision official traffic signal. No sign visible frfrom public street shall simulate, by wording or Shape and color, any municipal or state highway sign, emergency sign, traffic controlsign, or railroad crossing sign, if such sign, in the opinion of the Code Enforcement Officer, will constitute a traffic hazard. 4 Chapter VI; Art. 3 c.4.3 - Sec. 5.1.• 4.3 Every projecting sign attached to the wall of any building above a sidewalk, driveway or private o public parking area, and every free standing sign in such area, shallberequired to maintain a clearance of at least ten (10) feet between the bottom of such sign and the ground level. 4.4 No sign shall be permitted which is erected or maintained upon any tree or painted or drawn upon any rock or other natural feature or any utility pole. 4.5 Any sign now or hereafter existing which no longer advertises a bona fide business COMducted, product cold, or activity or ampaign being conducted, shall be taken down and removed by the a agent or person having control of the premiums Orland upon which such sign iserected, within ten (10) days after written notice from the Code Enforcement 044icer stating that such sign must be taken down and removed. 4.6 All signs including signs requiring a permit and signs allowed without a permit, and their supporting structures, shalt be properly maintained to prevent rust, rat, peeling, or similar deterioration. 4.7 No sign shall be indirectly illuminated so as to Cause light to shine onto adjacent properties or into any public right-of-way. 4.8 No official business directional signs as provided for by Maine Travelers Information Service Act (23 M.R.S.A. Sections 1901-1925) shall be permitted in any public way within the City of Bangor. 8e[. 5 on-oremise Sion*. 5.1 on -premise Bions - General Revulations. The following regulations shall apply to on -premise signs, in all districts: 5.1.1 No on -premise sign shall be erected Or maintained which extends over or projects into any public way more than fifteen (15) inches. The only exception to the above limitations on projecting signs shall be time and temperature signs erected upon the exterior wall of a structure for the of the public, extending n convenience p more than a ent antl-two (ag) inchesinto the public way, and only containing thehe e n of the pommies upon which cM1 itt is erectedfn addition to tM1v time and temperature. 5 Ch. VI; Art. 3 Sec. 5.1.2 - 5.1.8 5.1.2 one arcade sign per establishment is permitted in integrated shopping centers. The f f the sign shall not exceed twelve (12) inches in height, to be measured at right angles to the soffit or ceiling, and such sign shall not exceed eight (S) feet i length and the sign must be mounted at right r angles to the nearest face of the building. Such arcade signs shall be included in the calculation of allowable sign area. 5.i.3 No wail sign shall be attached to, o obstruct any window, door, stairway or other opening intended far ingress or egress or for ventilation or light. 5.1.4 Any sign painted directly on the surface of any wall shall be required to be painted at least every five (5) years and an on -premise sign permit shall be required for such repainting. If the repainted sign should exceed the allowable sign a such sign shall be painted out a otherwise removed o reduced in sign area to conform to such sign area limitations. 5.1.5 In addition to signs permitted elsewhere in this ordinance, direction signs, not to exceed two (2) square feet in area per sign, designating an entrance or exit to a parking lot shall be allowed. Said signs need not be set back from any property line. 5.1.6 One name plate sign shall be allowed in an district without a permit. S.i.T Each separate establishment in a shopping enter shall be treated a separate premises in determining the allowable sign dimensions and number of wall and roof signs. 5.I.8 One sign shall be allowed 5reach separate street frontage o a lot and pertaining to the sale, lease or rental of a structure and/or land, provided it shall not exceed twelve (12) square feet in sign area and is is set back at least ten f1-illuminatedl 0) feet from the public right-of-way line or is attached to the principal a building, not more than fifteen t15) feet nor and is r less than two (2) feet above ground. 6 Ch. VIi Art. 3 Sec. 5.2 - 5.3 5.2 On -premise Sions Reouirina a Permit. In all districts except the Resource Protection District on -premise signs shall be allowed with a permit from the Code Enforcement officer under the following conditions: 5.2.1 Non -illuminated signs, for ane (U year or until thirty (30) days afteroccupancy ofthe project, whichever is less: advertising a haw subdivision or apartment development upon the land where itis placed, provided such signs do not exceed ninety-six (96) square feet in sign area, not more than fifteen (15) feet nor le less two (2) feet above ground, and advertise only the development where it s located, only one (1) such sign is to be acted at each public street entrance And set back (from the public right-of-way line) at least 1/2 the building setback as required n the district by the Bangor Land Development Code. 5.2.2 One non -illuminated sign identifying a engineer, architect orcontractor engaged i the construction o abuilding, provided such sign shall not exceed twelve (12) square feet in sign area, is no re than fifteen (15) eat nor less than two 12) feet above ground, and is removed within thirty (30) days following occupancy of the building. Said sign shall be set back from the public right-of-way line at least 1/2 the building setback as required in the district by the Bangor Land Development Code. 5.2.3 One identification sign not toexceed eight (Bi square feet i , to designate historic districts established under Article 9 of Chapter VII of these Ordinances. Said sign shall be located outside of the public right-of-way. 5.3 On-promiseSigns in R 1 d Park and Down Beare Districts Which Re Permit. In URD -1, URD -2,"R, HDR, M & SD, RD, and P & O Districts, on -premises signs shall comply with the following conditions: s a,. Ch. VI: Ort. 3 Sec. 5.3.1 - 5.4.1 5.3.i One on -premise sign either free standing% all, up projecting, not to exceed twenty-four (24) square feet in sign area, either non -illuminated o indirectly illuminated, for any non-residential permitted use allowed by the Land Development Code except home occupation and for any legal nonconforming use, such sign is not more than l5 feet in height and is setback buim the right-of-way not less than 1/2 the lding setback distance as required for the district by the Bangor LandDevelopment Code. 5.3.2 Home occupations shall be allowed one n -premise sign, either wall or projecting, not to exceed sixty 160) square feet in sign either non -illuminated or indirectly illuminated. 5.4 on-oremise Sians in Commercial, industrial and Government and Institutional Districts Requiring a Permit. Every on -premise sign erected in Neighborhood Service (NSD), Urban service (USD), Shopping and Personal Service (S & PS) Downtown Development (DDD), General Commercial & Service (SC & S), Urban Industrial (UID), Industry and Service (I & B) and Government and Institutional Service 40 & ISD) Districts shall comply with the requirements set forth in this section. 5.4.1 General Requirements. Every on -premise sign erected in the Districts stated above shall not exceed the maximum umbers and dimensions set forth in the following table and shall comply with regulations (a) through (O below: • = Not Permitted # Integrated shopping centers may have one free standing sign at each access from a public way. Maximum area of any one free standing sign shall be 150 sq. 4t. (a) A roof sign may be displayed in place of wall sign and shall be subject to the same a limitation. The maximum allowable height for a roof sign shall be aox (6) feet from the point of the roof to which the sign is attached to the top of the sign. Ib) A festanding sign shall be set back froma public right -04 -way not less than e half the building setback distance required for the district by the Land Development Code. (O A projecting sign may be displayed i place of a free standing sign, and shall be subject to the s aand height limitations, and shall notmxtenE mere than 6 feet from the building, 4 Ch. VI; Art 3 Sec. 5.4.1 - Sec. 5.4.1 (c) Max. Area of All Signs on a Lot Sq. Ft. Max. No. Max. Ht. Max. Area Max. Per Of Free Cf Free Of Free No. of Bldg. St. Not to Standing Standing Standing Zone Signs Frontage Exceed Signs Signs Signs NBC 3 3 150 sq. ft. N.P.» N.P.• N.P. USD 4 4 800 sq. it. 1# 25 150 sq. ft. S & P8 4 4 800 sq. ft. i# 25 150 sq. it. 8 & CS 4 4 800 sq. ft. i# 25 150 sq. ft. UID 4 4 800 sq. ft. 1 25 200 sq. ft. I & S 4 4 $00 sq. ft. 1 25 200 sq. ft. G 4 ISD 3 3 150 sq. ft. 1 25 150 sq. ft. • = Not Permitted # Integrated shopping centers may have one free standing sign at each access from a public way. Maximum area of any one free standing sign shall be 150 sq. 4t. (a) A roof sign may be displayed in place of wall sign and shall be subject to the same a limitation. The maximum allowable height for a roof sign shall be aox (6) feet from the point of the roof to which the sign is attached to the top of the sign. Ib) A festanding sign shall be set back froma public right -04 -way not less than e half the building setback distance required for the district by the Land Development Code. (O A projecting sign may be displayed i place of a free standing sign, and shall be subject to the s aand height limitations, and shall notmxtenE mere than 6 feet from the building, 4 Ch. Vi: Art. 3p 5.4.2 - Sea. 5.4.5 5.4.2 Window Signa. Permanent window signs shall omply with all applicable requirements set forth in Sec. 5.4.1, shall be included in the computation of allowable sign area premises and shall not exceed 20% of'the inflow ones on a street frontage of a premises. 5.4.9 Sions on canopies. In Commercial, Industrial, and Governmental and Institutional Services Districts where a building Is designed with anopy projecting more than two (2) feet from the face of the building, on -premise signs may be erected upon the canopy, providing the signs do not diseetl the maximum sign height for that trict and are included in the calculation of the allowable sign area. 5.4.4 Cn-premise Sions in Airmort Districts Reouirina a Permit. in an Airport Development District, on -premise signs shall be permitted, and each such sign shall be approved in advance and in writing by the Airport Committee of the City Council before application for a sign permit may be made to the Code Enforcement Officer. No on -premise signs may be erected which, through illumination at might or glare during the day, creates a hazard for aircraft o vehicles. The maximum allowable r height : a a sof sign shall be five (5) feet measured from the point of the r f to which the sign is attached to the top of the sign. Signs shall not exceed two (2) inumber per premise n exceed a total a of four hundred (400)square foot, and no wall sign shall exceed a sign area a e than ten percent (10%) o: the gross wall surface upon which it is placed. Free standing signs shall be no larger than 150 sq, it. and shall be set back at least 10 feet from the right-of-way line. 5.4.5 n e Sions in Downtown Districts Reouirina a Permit. The following regulations shall apply to all on -premise signs in the Downtown Development District which require a permit from the Code Enforcoment Officer. 10 Ch. VI1 Art. 3 Sac. 5(5.4.5.1 - Sec. 6.2 5.4.5.1 Each business shall be permitted e horizontal sign facing on each public right-of-way or public parking a which it fronts or has a public entrance. The total area of signs on the building frontage of each public right-of-way or public parking lot shall not exceed two sq. ft. par linear 4outofrontage of the building on that public right-of-way or public parking area not to exceed 800 sq. ft. per lot. 5.4.5.2 The m mm height of signs shall be 2 1/2 feet on the first floor and 2 feet an (or above) the second 5.4.5.3 The m signs shall be 1 1/2a. ft. per business frontage r the first floor and 1/2 sq, ft. per business frontage on (or above) the second floor. 5.4.5.4 Lettering only shall be applied on or above the second floor, and only directly to windows. 5.4.5.5 Signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. 5.4.5.6 Roof signs and free standing signs shall be prohibited. Sec. 6 off -Premise Signs. All off -premise signs shall be prohibited with the exception of the tollowingt 6.1 (Repealed) 6.2 Bions of Industrial or Commercial Parks. P sign or the name of anr industrial o i park and a directory of businesses and industries within the industrial or commercial parks listed herein shall be permitted within or without a public right-of-way i any district except residential. The industrial or commercial parks are listed as follows, 11 Ch. VII Art 3 Sec. 6.2 - Sec. 6.29 (a) Bangor Industrial Park (b) 'uodsoo Road Industrial Park Annex (c) Target Industrial Circle (dl Hildreth Street Intlustrial Park North (e) Hildreth Street Industrial Park South (fl Bangor International Airport Intlustrial Airpark (g) Stuart Industrial Park (h) Sylvan Road Industrial Park (i) Dowd Industrial Estates Park (J) Evergreen Woods M Shaw's Plaza Each sign authorized under this Ordinance shall be subJect to the following conditions; 6.2: Each sign shall be owned by the City of Bangor but the costs for construction, installation, maintenance and ry val shall be borne by occupants of the industrial or commercial park. 6.2.2. Signs may be constructed only upon issuance of a permit by the Code Enforcement officer uwho shall determine the conformance f the sign with existing laws, and who shall obtain from the City Engineer written approval that the design and exact location of a sign to be constructed within right-of-way will not constitute a traffic hazard. A sign may be removed from right-of-way by the City should the City determine a need of the sign location for road purposes. 6.2.3 In caf permits issued after the effective date of s this ordinance, no mope than o sign shall be located at a near the entrance to any rr Industrial q commercial park, except in those cases when adirectory of park occupants is to be separate sign in e addition to the park n sign at the entrance. Such directory sign shall be permitted provided it is located in the park no less than 300 foot from the entrance sign. 6.2.4 A sign shall be no larger than an accumulative total of 300 square feet an sides of sign face, not including supports, n stand higher than 21 feet to the top. The bottom of the sign face must stand at least 6 feet from the normal a ground elevation where, in the opinion of the City Engineer,the view from a stopped car at the intersection of a driveway or road would be obstructed from a stopped can at the intersection of a driveway or road would be obstructed or would 12 Ch. VIl Art. 3 Sec. 6.2.4 - Sec. 6.4.5 (iii) constitute a traffic hazard. Where the view of a turning vehicle is not obstructed, there shall be no minimum heightrequirement. The sign shall carry nno+lashing illumination or moving parts. 6.2.3 A sign carrying a directory of park occupants must be designed to provide aspace which is uniform i size, shape, color and letter design, for each of the proposed lots in the park. 6.3 044-Prem{sg Sign% Allowed Without a Permit. The following _-- may be erected and maintained off -premise signs without a permit from the Code Enforcement officer. 6.3.1 Signs located on or in the rolling stock of common carriers, and signs o registered and inspected motor vehicles, aa cept such signs which are determined by theCode Enforcement officerto be circumventing the intent of this Article. Circumvention shall include, but not be limited to, signs which are continuously In the same location o signs that extend beyond the height, width, or length of the vehicle. 63.2 Hand held signs. 6.3.3 Signs on r n bus shelters as provided in Chapter VIII, (TheLand Development Code of the City of Bangor.) 6.3.4 Special IntracQmmunity B S' A. Such signs may be erected i any public right-of-way within the City of Bangor, including State or State -aid highways, but excluding interstate highways and expressway systems. Such signs may only be erected by the City of Bangor. Such signs shall be limited to directing traffic to the following locations: (i) hospitals which provide amergency services twenty-four (24)hours a dayl (ii) public transportation facilities including airports, railroad stations, bus terminals and ferries! (iii) public recreational facilities such a beaches, parks, sport arenas, scenic areas and historical sites; 13 Ch. VI; Art. 3 Sec. 6.3.4 (iv) - Sec. 6.4.5 (iv) municipal subdivision such as Central Business Districts and villages within the City boundaries{ or (vl governmental buildings on agencies such as City Hail, County buildings, schools, armories, and fire and police stations. Signs for specific commercial establishments shall not be permitted. S. Signs shall be rectangular in shape with a while n legend o a blue background.The maximum length shall be 48 inches and the maximum letter size shall be 4 inches. No More a than 8 lines 04 copy shall be permitted on snyone sign. (A) Signa shall be provided and installed by order of the City Council and the vertical and lateral clearances of uch signs shall conform with Sections 1A-22 and 1A-23 of the Manual on Uniform Traffic Control Devices for Streets and Highways" Such signs shall not be erected in conjunction with, nor be in nflictwith, nor interfere with, official highway signs. 6.4 44 Allowed Outside [ M1 - 0 - Without Permit. The followingo44-premisesigns may beerected and intained outside the public right-of-way without a permit from the Code Enforcement Officer: 6.4.1 Signs erected by a public, civic, philanthropic, charitable on religious organization announcing ing an auction, public supper, lawn s campaignan drive o other like event or soliciting contributions. 6.4.2 Signs erected by fairs and expositions operated within the City of Sangori 6.4.3 Signs bearing religious messages and signs showing the time and place of services or meetings of religious and civic organizational 6.4.4 Signs erected by nonprofit historical and cultural institutions. Each institution may erect not more than 2 signs with a surface area not to exceed 50 square feet per sign; and 6.4.5 Signs bearing political messages. 14 Ch. VI, Art. 3 Sec. 6.5 - Sec. J.2 A. 6.5 Gff-pramise Sians Over Public Streets and Sidewalks. No f -premise sign shall be suspended over any public street or sidewalk with the ax ception of a flag or banner a provided in Article 1,Section 3 of this Chapter. The City Council may by Order, allow signs located an sidewalks. 6.6 State and Federal Regulations. All off -premise signs shall comply with any and all State and Federal statutes and regulations prohibiting outdoor advertising, billboards and o44 -premise signs. Sec. J Appeals. gxceptions, and Variances. 7.1 Administrative Aooeals, The Zoning Board of Appeals shall hear and decide matters where written appeal alleges a error in any interpretation, order, requirement, decision or determination of the Code Enforcement 'Officer, in the enforcement of this Article. The action of the Code Enforcement Officer may be modified orreversed by the Board only by a concurring vote of at least !Our(4) of its members. 7.2 Variances The Zoning Board of Appeals shall decide upon written requests for variances s from the terms of this Article. Variances Shallbeto variations in the dimensions and placement of signs. Before the Board may grant aeit must find that relaxation of the terms if this Article would not substantially depart from the ntent and purposes of this Article and that literal enforcement of this Article would result inundue hardship. The burden of showing undue hardship i an the applicant. Before the Board may exercise its discretion and grant a variance on the grounds of undue hardship, the applicant must Shawthati a. The plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question, and not due to the general conditions in the neighborhood) It. The alleged hardship includes substantially more than e inconvenience p inability to attain a higher finr financial return, or both. C. The sign to be authorized by the variance will not alter the essential character of theneighborhood. _ d. The alleged hardship is not the result of action taken by the applicant or a prior owner of the property. 15 Ch. VI; Art. 3 7.2, d. - aec. 7.3, c. The Board shall grant asu only upon the concurring vote o at least f r (4) of sits members, and i so doing, may prescribe conditions and safeguards as arm appropriate far carrying out the intent and purposes of this Article. 7.3 Appeal Procedure. Persons appealing the decision pf the Code Enforcement Officer shall first file arsuch purposes with the Code Enforcement Officer together with an administrative processing fee of Fifty Dollars ($30.001. Such appeal must be c ced and the required administrative f v received by the Code Enforcement Officer within thirty (30) daysafter the decision to be appealed All forms appeals shall specifically set forth the grounds for the basis for the appeal. The Code Enforcement Officer shall immediately r r the appeal, togetherwithall materials relative thereto, to the Chairman of the Board of Appeals f sideration by the Board, as provided herein. Before taking any action on the appeal, the Board of Appeals shall hold a public hearing. The Board shall notify by O.B. nail, the owners all abutting property and/or o f properties within 100 feet of the exterior boundaries of the property involved, at est ten (10) days in advance of the hearing, the nature of the appeal, the time and place of the public hearing, in accordance with the following: A. The Owners of the property shall be considered to be those against whom taxes a sed.Failure o any n person owning property withinsaid100 feet to receive e notice of said Public hearing shall not necessitate pother hearing or invalidate any action bythe Board of Appeals. It. Following the filing of the appeal, the Sterol o Appeals shall hold a public hearing on the appeal within sixty (60) days. The Board shall notify the Coda Enforcement O , Planning Officer, City Counciland the Planning Board, at least ten (i0) days in advance, of the time and place of the hearing and shall public notice of the hearing at least ten (10) days in advance in a newspaper of general circulation in the area. C. At any hearing, a party may be represented by a agent or an attorney. A hearing shall not be continued to another time except for good cause. 16 Ch. VIg Art. 3 Sec. 7.3, c. - Sec. d. The Code Enforcement Officer, or his designated agent, shall attend all hearings and shall present to the Board of Appeals all plans, photographs or other materials he deems appropriate for an understanding of the appeal. e. The appellant's c shall be heard first. To maintain orderly procedure85each side shall proceed without interruption. Questions may be asked through the chair. All persons at the hearing shall abide by the order of the Chairman. i. Within twenty (20) days of the public hearing, the - Board of Appeals shall reach a decision on the requested appeal, and shall infonmg in writing, the appellant, the Code Enforcement Officer, the Planning Officer, and the City Council of its decision. g, upon notification of the decision of the Board of l Appeals, the Code Enforcement u shall take all necessary action as instructed bysaid Board. 7.4 Further Appeals. Further appeals may be taken from any action of the Board of Appeals, within thirty (30) days after the decision is rendered, by any party, including the Bangor City C cil, to the Superior Court from any order, relief or denial in accordance with Rule BOB, Plains Rules of Civil Procedure. Sec. B Removal Of Nqn-Coniorming Signs. Every sign that does not conform with all the requirements and conditions of this Article shall be altered so as to comply, or shall be removed, by December 31, 1786. Sec. 4 Penalty. Any person who violates any provisions of this Ordinance or fails to comply with any of its requirements, shall upon conviction thereof be fined not more than $100.009 and, in i addition, shall. pay all costs and expenses involved in the case, Each day such violation continues constitutes a separate offense. Allfines assessed hereunder shall inure to the benefit of the City of Bangor. Sec.10 Separability. 14 any section, subsection, sentence,. clau&e, phrase ar portion of this Ordinance is for any reason hold invalid o unconstitutional by any Court of competent ]urisdictionsuch portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions. 17 i ppm November 5, 1991 themNG. 1-390 Yn�f Amending Chapter Vi, Article 3 - Sign Ordinance - C.O. # 91- IhWA& p (Amended) 390 FkmWnmWDop ltmmh: planning Division Commantmg: As part of the adoption process for the proposed Land Development Code, it will be necessary to amend the Sign Ordinance to substitute the new zoning - districts within the LandDevelopment Code for the old zoning district designations of the former Zoning Ordinance. Therefore, this amendment to the Sign Ordinance is a "housekeeping" amendment to revise the zoning districts. This. Ordinance had its first reading at the City Council meeting on October 28th and will be reviewed by the Municipal Operations Committee prior to the City Council meeting. This Ordinance should be amended by substitution As it was necessary to add to it a recent amendment which had been overlooked. mml NeM' Naiue.•a comhtmib: ,��QrBm rw�i >� �" s1H Margr Amciate0ln9armatbo: Budgah AptINWi: J/i- FuomrOmalor IagN A]�1BM: Introduced For Y ❑lint NaMhy'.: , ❑MBIMrtl •' Pege_of_ 91-390 (AMENIEH) Awagnd to Councilor CITY OF BANGOR (TITLE.)V1fT�IRtBITCPy kiene ng Chapter V1, Article 3 Sign Ordinance Be k ordained by W City Council ofdw Cfty ofBmuor, as Nkme: THAT Chapter VI, Article 3 (Sign Ordinance) of the Laws and Ordinances of the City of Bangor be deletedin its entirety and replaced with the Sign Ordinance dated October, 1991 on file in the City Clerk's Office. STATEMENT OF FACT:- This Ordinance Amendment is a housekeeping amendment to t e awTi L s —and of the City of Bangor to substitute the nen zoning districts within the Land Oevelopmat Code for the oldzoning districts in the farmer Zoning Ordinance. iq meworo -G FY October, 1991 Ch. VI; Art. 3. Sec. C -.Sec. 2.3 CHAPTER VI' ARTICLE 3 - SIGNS Sec. I It shall be .unlawful for any person, firm association, ociation, o corporation to erect any sign in the City of Bangor except to accordance with this,Ordinance. Sec. 2 _ Permits - 2.1 Permit Reyy_1rRj. Nopersonshall erect any sign, as herein defined, without first obtaining a permit therefor from the Code Enforcement.044icer, except for those signs exempted from the requirements of %this Article by Sections 2.5, 5.1.6, 3:3.8, 6.1, 6.3, and 6.9. _ 2.2 Application Sion Permit. Application forasign permit shall be made by and signed by the applcant O his agent inwriting upon forms prescribes and provided by the Code Enforcement Officer. When the -applicant is any person other than the owner r tenant of the -- - property where the sign is to be located, the .application shall also be signed by the owner or tenant of said property or his agent. The: application shall contain the following information: (a) .Name, address and telephone number 04 the applicants I- (b) Location of the premises or landupon which the sign is to be erected; (c) Plans to.scala .showing the dimensions Of the sign, the,positibn of the sign in relation to nearby buildings or structures, the location of the premise or land upon which the sign Is to be - aspatted, and the method of illumination, if any, _ nd -(d) Such other information as the Coda Enforcement Officer shall require to show full compliance with this Article and allotherLaws and. Ordinances of the City of Bangor. 2.3 Fgg: An application to the Code Enforcement. Officer for a sign permit shall be accompanied by a permit fee in accordance with the fallowing schoduiee On -premise Sign $15.00 t Ch. VCR Art. 3 Sec. 2.4 - Sec. 3 2.4 Expiration. Any permit issued shall became null and Did if the work authorized thereby is not completed within six (6) months from the date of issuance. 2.5 Exemptions. The following signs arnot regulated by this Ordinance and require n sign permit; municipal and state highway and emergency signs and traffic control signals In accordance with the Manual On Uniform i l D published by the U.S. Department of Transportatio railroad crossing, signs and signals; customary holida ydecorations)sflags of countries,states counties, citiesreligiousand civic orgnizationo organizations, and memorial signs and tablets. 2.6of Permit. If .the proposed sign is permitted anduicompliance with the applicable requirements of the Laws and Ordinances of the City of Bangor, the Code Enforcement Officer shall issue a permit for the erection of the proposed sign. Seco 3 Definitlpns. For the purposes of interpreting thiy Article, the following terms, phrases, words and their deriftives shall have the meaning given herein. Applicant. A person for whom a sign is proposed to be erected, requesting that a sign permit be issued. Arcade Sian. An on-premise sign attached to the underside of the soffit or ceiling of an arcade or covered walkway. Code Enfor ent OffiteThe.3aning and Code Enforcement Administratin on Officer for the City of Bangor, or his authorized agent. District. Lang Development Code. The word district antl the term Land DevelopmentCodeshall refer to the districts established under the Land Development Code of the City of Bangor in Chapter Vill of the Laws and Ordinances of the City of Bangor. Erect. To build, construct, enlarge, display, relocate, attach, hand, place, suspend, or afbix any sign and shall also include the painting of exterior wall signs or window signs. ,Flashing Sign. A sign, the illumination of which is not keptconstant in intensity at all times when in use, including signs which are illuminated by orcontain . +lashing, intermittent, or moving light or lights. Illumin which weatherorotherssimilarindicate the time information shal{ nottempbeaure considered 2 Ch. VII Art. 3 _ Sec. 3 - Sec. 4.2 Sian., Any n symbol, trademark, identification, - description,adsplay, illustration, device, or reading matter which may be viewed from off -premises and is used or intended to be used to attract the attention of or, convey information to the general public. The supporting structure of the sign may be considered to be a part of the sign, but %hall not be considered to be part of the sign area. A sign,. .shall include writing, representation or other figura 'ef similar characterwithin a building only when illuminated and located in a window. Slgn_pr The total exposed surface of the sign including 13 entation, embellishment, background, and symbols, but excluding the supporting structure which does not farm a part of the m®a sage of the sign, measured i square feet. The sign a of a sign composed of characters a words attached directly to a large, uniform building wall swfacep shall be the smallest rectangle which encloses the whole group. For back to back faces of on -premise signs, only one <1) display r eshall be included f computing total sign where the sign faces a a parallel and the faces duplicate one another. Sigh Structure. Any rigid a -rigid material situated upon a•"attached to, o which 1 a pant a+, real. property, upon which a sign may be posted or displayed. Wail Sian, Any sign painted on or attached parallel to, the. wall surface of a building and projecting there from not re than fifteen (151 inches. Window. An opening in the wall 04 a building containing transparent or translucent materials such as glass. Window Sian - PermarGent. Any on -premise 'sign visible from r the exterior of the building a structure which i permanently painted, attached, glued, o otherwise. affixed to a window. Sec. 4 General Sian Regulations. All signs, whether on premises, or of+ -premises, shall comply with the requirements set forth in this section. 4.1 No flashing n rotating signs shall be erected in the City of Bangor• 4.2- No sign shall obstruct a motorist's vision of an official traffic signal. No sign visible from apublic. street shall simulate, by wording or shape and color, any municipal or state highway sign, emergency sign, traffic control sign, on railroad crossing sign, if uch sign, in the opinion of the Code Enforcement Officer, will constitute a. traffic hazard. 4 Ch. VII Ant. 3 Sec. 3. flashing signs provided the total surface area does net exceed sixty-s1x (66) square feet and the vertical dimensions of any letter or number is not more than twenty-four (24) inches. Free Standing Sian. F sign supported by iteslf, by one or more r uprights,' poles, braces, o wheels in or upon the ground, or by a structure otherthan a building. Illuminated Sion. A sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes which are part of the sign, or Illuminated by an internal light source. Indirectly Illuminated 81 an, An illuminated, non -flashing sign whose illumination is derived entirely Pram an external Integrated Shoogina Center. four (4) or ontiguous retail stores with common off-street parking under single or Gammon management.. - Name Plate Sign. R non -illuminated sign the area of which does not exceed two (2) square feet, which states one or more of thefollowing: the name of the building; the name of any n n-businese occupant; or the address of the building. Off -premise Sign. A sign which directs attention to a business, profession, product, service, political campaign, entertainment, merchandise, or goads, not conducted, sold, present, or offered upon the premises of land where soon sign is located. Person. Any individual, corporation, Joint venture, partnership, or any other legal entity. PremissThe lot or Parcel of land, used in the active conduct 04 a business, service, profession or activity, -including but not limited to, structure, driveways, parking lots, storage areas, landscaping, and loading. areas. Proiectini Sign. A sign which is attached to a building _ wall and which extends more than fifteen (15) inches from the surface of such wall. Roof Signs. A sign which is attached to a building and is displayed 'above the eaves of such building. Rotating Sign. A rotating sign shall mean sign which turns, rolls.ar otherwise moves, or gives the appearance of turning, rolling or otherwise moving more than six (6) times per minute. 3 Ch. VII Art.3. - - Sec. 5.1.2 - 5.1.5 5.1.2 One arcade sigh per establishment is permitted inintegrated shopping centers. The f of the sign shall not exceed twelve ' ('12) inches in height, to be measured at right angles to the soffit or ceiling, and uch sign shall not exceed eight (S) feet in length and the sign must be mounted at right r Angles to the nearest face of the building. Such arcade signs shall be included in the calculation of allowable sign area. 5.1.3 No wall sign shall be attached to, o obstruct any window, door, stairway or other opening intended for ingress or egress or for - ventilation or light. 5.1.4 Any sign painted directly on the surface of any pall shall be required to be painted at least every five (5) years and an on-premism sign permit shall be required for such -. repainting. If the repainted sign should exceed the allowable sign area, such sign Shall be painted out or otherwiseremoved o radnoad i sign area to conform to much sign a.ea limitations. 5.1.5 In addition to signs permitted elsewhere in this ordinance, direction signs, not to exceed two (2) square feet in Area per sign, designating an entrance or exit to a parking .lot shall be allowed. Said signs need not be' set back. from any property line. 5.1.6 One name plate sign shall be allowed in an district without a permit. 5.1.7 Each separate establishment in a shopping I enter shall be treated as a separate _ .premises in determining the allowable sign .. dimensions and number of wall and roof signs. 5. LS One sign shall be allowed for each separate street frontage of a lot and pertaining to - - the sale, lease or rental of structure and/or land, provided it shall not exceed twelve (12) square feet i sign areaand is s non -illuminated; i set back at least ten Ci O) feet from the public right-of-way line e building, or is attached to the principal use not more than fifteen (15)feet nor and 1 r ss than two (2) feat above ground. Chapter VII Art. 3 Bec.4.3 - Sec. 5.i.1 _ 4.3 Every projecting sign attached to the wall of any building above a sidewalk, driveway or private on public parking ones,and every : standing sign i _such a a shall be required to maintain a clearance of at least ten (10) feet between the bottom of such sign and the ground level. 4.4 No sign shall be permitted which is,wrected o maintained upon any tree or pointed or drawn upon any rock or ather natural feature or any utility pole. 4.5 Any sign now on hereafter existing which no longer ' - advertises a bona fide business conducted, product sold, or activity on campaign being conducted, shall be taken down and "Moved by the owner, agent or person having control ofthepromises or land upon which such sign is erected, within ten (10) days after written noticeom the Code Enforcement D;ilcer stating, that such sign must be taken, down and removed. 4.6 All signs including, signs requiring a, permit and signs allowed without a permit, and their supporting structures, %hall beproperly maintained to prevent rust, rot, peeling, or similar deterioration. 4.7 No sign shall be indirectly illuminated so as to cause light to shine onto adjacent properties or into any public right-of-way.' . 4.B No official business directional signs as provided for by Maine Travelers Information Service Act (23 M.R.S.A. Sections 1501-1525) shall be permitted in any public - way within the City of Bangor. Sec. 5 On-oremise signs. 3.1 On-oremise Slone - General populations. The following regulations shall apply to on -premise signs, in all - - - districts: 5.1.1 No on -premise sign shall bee ectad o maintained which extends over on projects into any public way more than fifteen (15) inches. The only exception to the above limitations on projecting signs shall be time - and temperature signs erected upon the exterior wail of a structure for the - convenience of the public, extending no more than seventy-two (72)inchesinto the public way, and only containing the name of the- . - premise upon which it is erected in addition to the time and temperature.. 5 Ch. VI; Art. 3 Sec ,5.2 - 5.3 5.2 On -premise Bions Reguirino a Permit. In all districts except the Resource Protection District on -premise - signs shall be allowed with permit from the Cede Enforcement officer under the following conditions: 5.2.1 Non -illuminated signs for one (1)year r until thirty (30) days after occupancy of the project, whichever is less: advertising a new Subdivision or apartment development upon the land where itis placed, provided such signs do not exceed n nety-six,(96) square feet in sign area, enot more than fifteen (15) feet nor less than two (2) feet above grquntl, and advertise only the development where it is located: only one (1) Such sign is to be erected at each public street entrance and set back (from the public right-of-way line) at least 1/2 the building setback as required n the district by the Bangor Land Development Code. 5.2.2 One non -illuminated sign identifying a engineer, apchitect orontr attar engaged i the construction o abuilding, provided such sign shall not exceed twelve (12) square feet in sign area, is no more than fifteen <15) feet nor less than two M feet above grquntl, and is removed within thirty (30) days following o cupancy di the building. Said sign shall be set back from the public right-cf-way line at least 1/2 the building setback, as required in the district by the Bangor Land Development Code. 5.2.3 One identification sign not to exceed eight r <8) aqua feet v area, to designate historicdistricts established under Article 4 of Chapter VII of these Ordinances. Said sign shall be located outside of the public right-oi-way. 5.3 Onpenis esitl n • A ricult d P k aan OnD'stri cts WM1i ch Feauf re a Permit. In URD -i, URD -2, LDR: HDR, M & HD, RD, and 'P & O Districts, on -premises signs shall comply with the following conditions. 7 Ch. VI1 Art. 3 Sec. 5.3.1 - 5.4.1 9.3.1 One on -premise sign either free standing, wall, or projecting, not to exceed twenty-four (24) square feet in sign area, either non -illuminated or indirectly illuminated, for any non-residential permitted use allowed by the Land Development Code except home occupation and for any legal nonconforming use, such sign is not fre than 15 feet in height and is setback om the right-of-way not less than 1/2 the building setback distance as required for the district by the Bangor Land Development Code. 5.3.2 Home occupations shall be allowed one on -premise sign, either wall or projecting, ot to exceed six (6) square feet in sign either non -illuminated or indirectly illuminated. 5.4 sCommercial. Industrial and ent a nDistricts Requiring Per itm Every on -premise sign erected in Neighborhood Service (NSD), Urban Service (USD), Shopping and Personal Service (S & PS) Downtown Development (DDD), General Commercial & Service (GC & S), Urban Industrial (UID), Industry and Service (I & S) and Government and Institutional Service (0 & ISD) Districts shall comply with the requirements set forth in this section. 5,4.1 General Requirements. Every on -premise sign acted In the Districts stated above shall not exceed the maximum numbers and dimensions set forth in the following table and shall bomply with regulations (al through (c) elow: Max. No. of Zone Signs _ Max. Area Signs an Sq. Ft. Per Bldg. St. Frontage - Ch. Vii Art 3 Sec. 5.4.1 - Sec. 5.4.1 (c) of All a tot _ Max. No. Max. Ht. Max. Area Of Free. Of Free Gf Free Not to Standing Standing Standing Exceed Signs Signs Signs NBC -3 3 150 Sq. ft. N.P.a N.F.♦ N.P. UBC 4 4 600 sq. ft. to 25 150 sq.. it. 6 & PS 4 4- 600 sq. it. - 1p 25 150 sq. ft. 0 & CS 4 4 800 s4. it. 10 25 150 sq. ft. UID 4 4 BOO sq. ft, 1 25 -- 200 so. it. I & a 4 4. 800 sq. ft. 1 25 200 sq. it. G G ISO 3 - 3 150 sq. ft. . 25 150 sq. ft. Not Permitted - - 0 Integrated shopping Centers may have one free standing signat each froma public way, Maximum are ary one free standing sign lbe50 %hai5r sq... it., (a) A roof sign may be displayed in place of -a call sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six (6) feet from the point of the sof to which the sign it attached to the top of the sign. - (b) A free standing sign shall be set back iram a public right-oi-way, not less than one half the building setback distance required for the district by the Land &, Development Code. - f6 A projecting sign may be displayed i place of a free standing sign, and shall b0 subjectto the same area and height limitations, and shallnot extend more than 6 feet from the building. - 9 l0 Ch. VIi Art. 3;. - Sec. 5.4.22 - Sec. . 5.4.5 5.4.2 Window Sfans. Permanent window signs shall - amply with all applicable requirements set - forth in Sec. 5.4.1, shall be included in the computation 04 allowablesign area of a Premises and shall not exceed 20% of the window area on a street frontage of a Premises. 9.4.3 Signs an Canopies, In Commercial, Industrial, and governmental and Institutional Services Districts where a building is designed with a canopy projecting more than two M feet from the face of the building, on -premise signs may be erected - upon the canopy, providing the signs do not exceed them sign height for that district and are uded in the calculation of the allowable sign area. 3,4.4 4n -premise Signs in Airport Devalooment Dist r icts Rgggirina a Permit. In an Airport . Development District, -on -premise signs shall be permitted, and each such sign shall be - approved in adverse and in writing by the Airport Committee of the City Council before application f sign permit may be made to the Code Enforcament officer. No on -premise signs may be erected which, through illumination at night or glare during the - day, creates a hazard +or aircraft o vehiclos. The maximum allowable height for a reef sign shall be five (5) feet measured from the point of the roof to which the. sign Is attached to the tap of the sign. Signs shallnot exceed two (2) in number, per premise nor exceed a total area of four - ' - hundred (400)square feet, and no wall sign shall axceed a sign a • e than ten percent (10%) of the grosswall surfaceupon- which it is placed. Free standingsigns shall be no larger than 150 sq. 4t. .and shall be set back at least 10 feet from the right-of-way line. 5.4.5 On -premise glans in Downtown development Districts Reauirina a Permit. The following regulations shall apply to all on -premise signs in the Downtown Development District which require a permit from the Code Enforcement officer. l0 Ch. V11 Art. 3 Sec. 515.4.5.1 Sec. 6.2 5.4.5.1 Each business Shall be permitted e horizontal sign facing .o each public right-of-way or public parking area on which It frent6 0r has a public entrance. The total area of signs on the building frontage of each public right-of-way, or public parking lot shall not exceed two sq. ft. per linear footof frontage Of the bailding on that public right-of-way on public parking area not to exceed 800 sq. ft. per lot. 5.4.5.2 The m mm height of Signe shall bet a/2feet on the first floor and 2 feet an for above) the second floor. 5.4.5.3 The maximum osigns shall be 1 1/2 i sq. t. perbusiness frontage for the first floor and 1/2 sq. ft. per business frontage on (or above; the second floor. 5.4.5.4 Lettering only shall be applied o or above the sand floor, -and only directly to windows:.. 5.4.5.3 signs shall be attached to and parallel to the building -and shall not be painted directly on the sur.ace of the building... 5.4.5.6 Roof Signs and free standing signs snail be prohibited. premise Signs. Sec. 6 prohibited ropPremise Slams. th Al: off- shad be prohf bl [ed with the exception of [M1e following; 6.1 (Repealed) 6.2 8ian* of Indm%trial. -on Commercial Parks. A sign or the of a industrial o commercial park and a directory nr ectoryOf buninessesandindustries within the industrial or commercial parks listed herein shall be permitted within or without a public right-of-way i any district except residential- The industrial or commercial parks re listed as follows: Ch.. VII Ant 3 Sec. 6.2 - Sec. 6.2.4 (a) Bangor Industrial Park (b) Sodsoe Road Intlustrial Park Annex -lc) Target Industrial Circle (d) Hildreth Street Industrial Park North (e) Hildeeth Street Industrial Park South (f) Bangor International Airport Industrial Hiepark (g) Homarc Industrial Park (h) Sylvan Road Intlustrial Park (i) Dowd Industrial Estates Park (j) Evergreen Woods (k) Shaw's Plaza (1) Sam's Plaza Each sign authorized under this Ordinance shall be subject to the followingconditions: 6.2.1 Each sign shall be owned by the City of Bangor but the costs for construction, installation, maintenance and removal shall be borne by occupants of the industrial or commercial park. 6.2.2. Signs may be -constructed only upon issuance of a permit by the Code Enforcement officer uwho shall determine the conformance of the sign with fisting laws, and who shall obtain from the City Engineer written approval that the design and exact location of a sign to be constructed within right-of-way will not constitute a traffic hazard. R sign may be removed from'a right -04 -way by theCityshould theCity determine a need of the sign location for road purposes. 6.2.3 In caof permits issued after -the effective date of casesof Ordinance, no me than one sign shallbe located at On near the entrance to any r industrial o rcial park, except in those Icases when adirectory of park occupants is to be separate sign in addition to the park name sign at the entrance. Such directory sign shall be permitted provided it is located in the park no less than 300 feet from the entrance sign. 6.2.4 A sign shall be no larger than an accumulative total of 300 square feeton411 sides of a sign . .face, not includingsupports, nor stand higher than 21 Feet to the top. The bottom of the sign face must stand at least 6 feet from the normal ground elevation where, in the opinion of the City inter, eckione04z awdrivewaysorproad Would be car at obstructed from stopped car at the intersection f a driveway or road would be obstructed or would 12 Ch. VII Art. 3 ,. Sec. 6.2.4 - Sec. 6.4.5 (iii) -constitute a traffic hazard. Where the view of a turning vehiclesriot obstructed, they shall be _ minimum height requirement. The sign. shall - - carry no flashing illumination or moving parts. 6.2.5 A sign carrying a directory of park occupants must be designed to provide a name space which i uniform in size, shape* color and letter design, for each of the proposed lots in the park. 6.3 Off -Premise Hiaos 811.gWed Without a Permit. The following off -premise Signs may be erected and maintained without a permit from the Code Enforcement officer. 6.3.1 Signs located on or in the rolling stock of common rriers, and signs on registered and inspected cept such signs which.ae motor vehicles, except - _ determined by theCode Enforcement Officer to be circumventing the intent of this Article. Circumvention shall include, but not be limited to signs which arecontinuously in the same locationosigns that extend beyond the height, width, or length of the vehicle. 6.3.2. Hand held signs. 6.3.3 Signs an on in bus shelters as provided in Chapter VIII( (The Land Development Cade of the City of Bangor.) 6.3.4 Special Intracommunit, SenVIC0 Signs. A. Such signs may be erected in any public - right-af-way within the City of Bangor, including State or State -aid highways, .but -excluding interstate highways and expressway systems. Such signs may only be erected by the City, of Bangor. Such signs shall be limited to directing traffic to the fallowing locations( -F (i) hospitals which provide amergency - services twenty-four (24)hou a day$ (ii) public transportation facilities - -including airports, railroad stations, bus terminals and isrriesl (iii) public recreational facilities such a beaches,parks, sport arenas, scenic areas and historical sites; 13 14 Ch. VI; Art. 3 Sec. 6.3.4 (iv) - Sec. 6.4.5 (iv) municipal. subdivision such as Central Business Districts and villages within the City boundaries; or (v) governmental buildingsagencies such - s City Hall, -C unty buildings, schools, armories, and fire and police stations. Signs for specific commercial establishments shall not be permitted. _I S. Signs shall be rectangular in shape with a while a blue background. The m length legend onm 4B inches and the maximum size shall beu r shall be 4 -inches. No a than lines Of copy shall be permitted on anyone sign. (A) Signsshallbe provided and installed by order of the City Council and the vertical - and lateral clearances of such signs shall with Sections 1A-22 and IA -23 of the -'Manual on Uniform Traffic Control Devices r Streets and Highways" Such signs shall net be erected in conjunction with, nn be in - nflictwith, nor interfere with, official - highway signs. - 6.4f iThe a Signs wed OutsideM1 - f-Wa W' h ut a Permit. following cii-premise cif-premisesigns may be erected and maintained outside the public right -04 -way without a permit from the Code Enforcement Officer, 6.4.1 Signs erected by a public, c philanthropic, - charitable or religious organization announcing an auction, public supper, lawn s campaignor drive o -other like event or soliciting _ contributions. 6.4.2 Signs erected by fairs and expositions operated - within the City 04.Sangory .6.4.3 Signs bearing religious messages and signs showing the time and place of services or meetings of. religious and civic organizations. .. 6.4.4'. Signs erected by nonprofit historical and cultural institutions. Each institution may erect not more than 2 signs with a urface area not to exceed 50 - square feet per signs and 6.4.5 Signs bearing political messages. 14 Ch. vi, Art.'3 Sec. 6.5 - Sec. 7.2 tl. 6.3 Over Public Street Sitl lk . No oil -premiss sign shall be"suspended over any public street or sidewalk with the ax ception o4 a flag or banner a provided in Article 1,Section S of this Chapter. The City Council may by Order, allow signs located on sidewalks. 6.6 State and Federal Peoulations. All off -premise signs shall comply with any and all State and Federal statutes and regulations prohibiting outdoor advertising, billboards and off -premise signs. Sec. T A E ce t' `Varianes nd 5. 7.1 Administrative A The Zoning Board of Appeals shall hear and decide matters where written appeal alleges An error in any interpretation, order, requv ent, decision or determination 04 the Code Enforcement Officer, in the enforcement of this Article. The action of the Code Enforcement Officer may be modified orreversed by the Board only by a concurring vote of at least f four (4) of its members. - 7.2 variances The zoning Board pf Appeals shall decide upon written requestsfor variances s From the terms of this Article. Variances shallbeto variations in the dimensions and placement of signs. Before the Board may grant ae, it must find that relaxation o4 the terms Of this Article would not substantially cement from. the intent and purposes- 04 this Article and that literal enforcement of this Article would result in undue hardship. The burden o showing undue hardship i nthe applicant. Before the Board may aarclse its discretion and grant a variance an the grounds of undue hardship, the applicant must show that! a. Thee011ght of the applicant is due to unique mstances. aing out 04 conditions peculiar to the property in question, and not due to the general conditions in the neighborhood; It. The alleged hardship includes substantially more than more o inability to attain a higher 4lnanciainconvenience r return, orboth. c. The sign to be authorized by the variance anee will not alter the essential character 04 theneighborhood. d. The alleged hardship is not the result of action taken by the applicant or. a prior o of the property. 15 Ch. VII Art. 3 Sec. ].2, d. - Sec. 7.3, c. The Board shall grant avariance only upon the concurring vote of at least four 441 s its members, and in so doing, may prescribe conditions and safeguards as are appropriate for carrying out the intent and purposes' of this Article. 7.3 Aooea Procedure. Persons appealing the decision of the Cade En4orrement Officer shall first . am for Such purposes with the Code Enforcement Officer together wth an administrative prucessing f f Fifty Dollars ($50.00). Such appeal must be commenced and the required administrative fee received by the Cade Enforcement Officer within. thirty (30).daysafter the decision to be appealed All foams for appeals shall specifically met forth the grounds for the basic for the appeal. The Cade ZnioVcement O shall - mediately refer the appeal, together with allmaterials relative thereto, to the Chairman of the Board of Appeals for sideration by the m Board, s provided herein. Beforetaking any action on the appeal, the Board 04 Appeals shall hold a public hearing.. The n and shall notify by 'u.'. Mail, the owners all abutting property and/or o . properties within 1000 feet of the eater r boundaries of the property involved, at least ten (10; days in advance of the hearing, the mature of the appeal, the time and place of the public hearing, in accordance with the iollowing: a. The owners . f the property shall be considered to bei thosewagae against whom ta= - assessed. o Failu any person o (ng property within said 100 feet toreceive notice of said public hearing shall notnecessitate sitate another hearing on invalidate any action by the Board of Appeals. -b. Fallowing the filing of the appeal, the Board of Appeals- shall hold a public hearing on the appeal within sixty (60) days. The Board shall notify the Code El t Officer, Planning 04fioer, City Council the Planning Board, at least ten (10) days in advance, of the time and place of the hearing and shall public notice of the hearing at least ten (10) days inadvance in a newspaper of general circulation in the area. At any hearing,'a party may be represented by a agent or an attorney. A hearing shall not be continued to another time except for good cause. 16 Ch. Vi{ Art. 3 Sec. 7.3, c. - - 0. d. The Code Enforcement Officer, or his designated agent, Shall attend all hearings and shall present to the Board of Appeals all plans, photographs or other materials he deems appropriate for an understanding of the appeal. s The appellant's case Shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the chair. All persons at the hearing shall abide by the order of the Chairman. i. Within twenty (20) days of the public hearing, the Board of Appeals shall reach a decision on the requested appsal{ and shall i i in writing, the appellant, the Code Enforcement Officer, the Planning Officer, and the City Council of its decision. G. upon notification of the decision of the Board of Appeals, the Code Enforcement O 2 r shall takeall necessary action as instructed by said Board. 7.4 FurtherAooeala Further appeals may be taken Rom any action of the Board of Appeals, within thirty '(3o) days after the decision isrendered, by any party, including the Bangor City, Council,o to the Superior Court from any rder, eiief-or denial in 'accordance with Rule SOB, Maine Rules of Civil Procedure. Sec a Removal of Mon -Conform na Bl vng. Every sign that does not lanform with all the requf a is and conditions of this Article Shall be altered s s to comply, r shall be removed, by December 31, 1586. Sec, B Pena. Any person who violates any provisions of this Ordinanc4 or fails to comply with any of its requirements, shall upon conviction thereof. be fined not more than SJOO.OG,' and, in l addition, shall pay all costs and expenses involved in the sees. Each day such violation continues nstitutes a separate n offense.. All finee.a a aed hereunder .M1 all re to the benefit of the City or angor. Sec Separability. Ifany section, subsection, sentence, Clause, phrase or portion of this Ordinance is for any reason held valid or unconstitutional by any Court of,COMPRfent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. 1T