HomeMy WebLinkAbout1982-04-12 82-119 ORDINANCE62-116
IntrOduCcd Cowvilar Willey, April 13, 1962 ...
CITY OF BANGOR
(TITLE.) (PrYUIMM, Rep Lacing Chapter„VI, Article,3 of the Laws
and Ordinances. of the City of Bangor - Signs
Be it ordained by ted City Csanrit oft As City ofBanw.As Ago”. —'
THAT, Chapter Vl, Article 3 of the Laws and Ordinances of the City
f Bangor is repealed in its entirety and that, the attached Sign
Ordinance is hereby enacted as Chapter VI, Article 3 of the Laws and
Ordinances of the City of Bangor.
STATEMENT OF FACT, This Ordinance replaces the existing -Sign Ordinance
with a similar, our revised ordinance in order to
bring it up to date and coordinate its provisions
with the present Zoning Ordinance and applicable
State Statutes.
,In City Council April 1241982
Cgusider next meeting
r
Citx Cler
IN CITY COUR IEL
April 26, 1962
Conseynext Meting. Meting.
' CITY C U:
In City-gonn<il May 1091982
Conular let meeting in June
82-119
ORDINANCE
TITIE,) Replacing Chapter VI
•8L AWI -8 Al S4
Artirlo 1 of the laws .and Ordinxnnas
of the City of Bangor Signa
CITY Cl Lh,
i intraLaet cast (tzw Dy
Cwmc tiaw;mn
In City Council June 14,1982 -
Consider Zoe Meting in July M,C.
City C1
In City Council October 13, 19W"
Passed a ended By the It Ilo;i'ng
Yep and. Novotes-
Voting Yes Broan,Gass,lordan,Me Kernan,
Mc K¢rnen, P'orfer Sou cy,WilleNendaimn
VZKfpg No¢W mou Amendment AHached
y i
In City Council July 26,1982
Consider 2nd meeting in Augusf
C
I. CI¢ k
In City Council August 23,1982
consider 1st Meting in October
qA Cl
w y/
e [k
B2-119
.. v .... CHAPTER VI
ARTICLE 3 - SIGNS
Sec. 1 It shall be unlawful fpr any person, firm, association, or'
corporation to erect any sign in the CityofBangor except
in accordance with this Ordinance.
Sec. 2 Permits
2.1 PermitRequired. No person shall erect any sign, as
herein definedwithout firs[ obtaining a permit therefor
from the Code Enforcement Officer, except for those signs
exempted from the requirements of this Article by Sections
2.5, 5.1.6, 5.1.8, 6.1,-6-.3 and 6,4.
2.2 A plication for Si n Permit. Application for a sign
permit s a e ma a by an signed by the applicant or his
agent in writing upon forms Prescribed and provided by the
Code Enforcement Officer. VTen the applicant is any person
other than the owner or 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 of the
"applicant; -
(b) Location of the premise 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 in 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 Fee. An application to the Code Enforcement Officer for a
sign permit shall be accompanied by a permit fee in
accordance with the following schedule:
On -premise Sign $15.00
2.4 v iration. Any Permit issued shall become null and
ox t e work authorized thereby is not completed
within six (6) months from the date of issuance.
2
2 Exem tions. The following signs are not regulated by
t is Or finance and require no sign permit: municipal
and state 'highway and emergency signs and traffic control
signals in accordance with the Manual. On Uniform Traffic
Control Devices published by the U.S. Department o rans-
portation; 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
isis in compliance all 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,
[[ efooilowing terms, phrases, words and their derivatives
shall have the meaning given herein.
Auplicant. A person for whom a sign is proposed to be erected,
requesting that a sign permit be issued.
Arcade Sign. An on -premise sign attached to the underside of the
soffit or ceiling of an arcade or covered walkway.
CodeEnforcementOfficer. The Zoning and Code Enforcement Admin-
istration Officer for the -City of
Bangor, or his authorized agent.
Erect. To build, construct, enlarge, display,, relocate; attach,
hang, place, suspend, or affix any sign and shall also'i
include the painting of exterior wall signs or window signs.
Flashing Sign. A sign, the illumination of which is not kept
constant in intensity at all times when in use,
including signs which are illuminated by or contain Flashing,
intermittent, or moving light or lights. Illuminated signs
which indicate the time, temperature, weather or other similar
information shall not be considered flashing signs provided the
total surface area does not exceedsixty-six (66) square feet
and the vertical dimensions of any. letter or number is not more
than twenty-four (24) inches.
Free Standing Sign. A sign supported by itself, by one or more
uprights, poles, braces, or wheels in or
upon the ground, or by a structure other than a building.
Illuminated Sign. 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.
3
Indirectly Illuminated Sign. An illuminated, non -flashing
sign whose illumination is
derived entirely from an external source.
Integrated Shopping Center. Four (4) or more contiguous retail
stores with common off-street
parking under single or common management.
Name Plate Sign. A non -illuminated sign the area of which does
not exceed two (2) square feet, which states one
or more of the following: the name of the building; the name of
any non -business occupant; or the address of the building.
Off -premise Sign. A sign which directs attention to a business,
profession product, service,_oolitical cam-
paign, entertainment, merchandise, or goods, not conducted, sold,
present, or offered upon the premise or land where such sign is
located.
On -premise Sign. A sign which directs attention to a business,
profession, product, service, activity or
entertainment sold orofferedupon the premise where such sign
is located.
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 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 shallmean a sign which turns,
rolls or otherwise moves, or gives, the apoear-
ance of turning, rolling or otherwise moving.
Sign. Any name, symbol, trademark, identification, description,
display, illustration, device, or reading matter which
may be viewed fromout-of-doors 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 shall not be considered
to be part of the sign area.
Sign Area. The total exposed surface of the sign including all
ornamentation, embellishment, background, and
symbols, but excluding the supporting structure which does not
form a part of the message of the sign, measured in square
feet. The sign area 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. For back to back faces of on -premise signs, only one (1)
display face shall be included in computing total sign area,
where the sign faces are parallel and the faces duplicate one
another.
Sign Structure. Any rigid or semi-rigid material situated
upon or attached to, or whichis a part of,
real property, upon which a sign may be posted or displayed.
Wall Sign. Any sign painted on or attached parallel to, the
wall surface of a building and projecting therefrom
not more than fifteen (15) inches.
Window. An opening in the wall of a building containing
transparent or transluescent materials such as glass.
Window Sign - Permanent. Any. on -premise sign. visible from the
exterior of the building or structure.
which is permanently painted, attached, glued, or otherwise
affixed to a window. '
Zone 'Zoning Ordinance. The word zone and the term zoning
ordinance shall refer to the zones
established under the Zoning Ordinance of the City of Bangor
in Chapter VIII of the Laws and Ordinances of the City of Bangor.
Sec. 4 General SignRegulations. All signs, whether on -premises, or
off -premises, shall comply with the.
requirements set forth in this section.
4.1 No flashing nor rotating signs shall be erected in the
City of Bangor.
4.2 No sign shall obstruct a motorist's, vision of an official i.
trafficrsin ggnal. No si. visible from a public street shall
simulate,, by wording or shape and color, any mupialoal or
state highway sign, .:emergency sign, traffic control sign,
or railroad crossing sign, ifsuch sign, in the opinion of
the Code Enforcement Officer, will constitute.a tiaffic
hazard.
4.3 Every sign attached to the wall of any building above a
sidewalk, driveway or private or public perking area, and
every free standing sign in such area, shall be required
to maintain a clearanceofat 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.
5
4.5 Any sign now or hereafter existing which no longer
advertises a bona fide business conducted, product
sold, or activity or campaign being conducted, shall be
taken down and removed by the owner, agent or person
having control of the premises or land upon which such
sign is erected, within ten (30) days after written notice
from the Code Enforcement. Officer stating that such sign
must be taken down and removed.
4.6 All signs including signs requiring a permit andsigns
allowed without a permit, and their supporting structures,
shall be properly 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.
Sec. 5 On -premise Signs.
5.1 On -premise Signa -'General Regulations. The following
regulations,
shall apply to on -premise signs, in all zones.
5.1.1 No on -premise sign shall be erected or main-
tained which extends a r 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 sigberected upon
the exterior wall of a structure for theconvenience
of the public, extending no more than seventy-two (72)
inches into the Public way, and only containing the
name of the premise upon which it is erected in
addition to the time and the temperature.
5.1.2 One arcade sign perestablishmentis permitted i
integrated shopping centers. The face of 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 four (4)
feet in length and the sign must be mounted at
right angles to the nearest face of the building.
Such arcade signs shall be included in the 'cal-
culation of allowable sign area.
5.1.3 No wall sign shall be attached to, or 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
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. I£ the
repainted sign should exceed the allowable sign
6
area, such sign shall be painted out orotherwiseemoved ox 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 any zone without
a permit.
5.1.7 Each separate establishment in a shopping center shall
be treated as a separate premises in determiningthe
allowable sign dimensions and number of wall and roof
I signs.
5.1.8 One sign shall be allowed for each separate street
frontage of 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 non -Illuminated; is set back at least ten (10)
feet it= the public right-of-way line or is attached
to the principal use building, and is no more than
fifteen (15) feet nor less than two (2) feet above
ground.
5.2 On -premise Signs Requiring A Permit. In all zones except
the Resource Portection
Zone on -premise signs shall be allowed with a permit from the
Code Enforcement Officer under the following conditions:
5.2.1 Nan illuminated signs, for one (1) year or until
thirty -(30) days after occupancy of the project,
whichever is less, advertising a new subdivision
or apartment development upon the land where it
s placed, provided such signs do not exceed ninety-
six (96) square feet in sign area, are not more than
fifteen (15) feet nor less than two(2)feet above
ground, 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 in the zone by the Bangor Zoning
Ordinance.
7
5.2.2 One non -illuminated sign identifying an engineer,
architect or contractor engaged in the construction
of a building, provided such sign shall not exceed
twelve (12) square feet in sign area, is no more
than fifteen (15) feet nor less than two(2)feet
above ground, and is removed within thirty (30)
daysfollowingoccupancy 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
zone by the Bangor Zoning Ordinance.
5.2.3 One identification sign not to exceed eight (8)
square feet in surface area, to deal note historic
districts established under Article 4 of Chapter
VII of these Ordinances. Said sign shall be located
outside of the public right-cf-way. ,
5.3 On- 'remise 'Si-na 'in Residential; A r cultural '. and Park
an en yflde' eguixe 81 rmit. In R- -2,
o es i e R-3, R-4,
R-5, A, and P 6 0 Zones, on -premise signs shall comply with
the following conditions:
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 Zoning Ordinance and
for any legal nonconforming use, provided such sign
is not more than 15 feet in height and is setback
from the right-of-way not, less than 1/2 the building
setback distance as required for the zone by the
Bangor Zoning Ordinance.
5.4 On.'remmis Si na 'n Comvercfal, Industrial,and--Civic
arta fnsiicut ons ones Renviring a ermit ry on -premise
sign erected in
Neighborhood Commercial (C-1) Commercial Development -(C-2),
Commercial Service (C-3), Central Business District (C-4),
Industrial Park I (I-1), Industrial Park 2(1-2), General
Industry (I-3), and Civic and Institutional (C b I) Zones
shall comply with the requirements set forth in this
section.
5.4.1- General Requirements. Every on -premise sign erected
in Coamercia. ,. E3, Industrial and Civic and
Institutional Zones shall not exceed the maximum
numbers and dimensions set forth in the following
table and shall comply with regulations (a) through_
(c) below:
Max. No.
OF Pree
Standing
N.P.
.150
1
A
_150
18
ft.
200
1
ft.
200
1
Max. Area of
All
1
ft. .
.150
Signs
on a
Lot
Max.
Sq. Pt.
No.
Per
Not
Of
Bldg. St.
To
Zone
Sins
Frontage'
'Exceed
C-1
3
3
150
sq.
£t.
- C-2
4
4
800
sq.
it.
C-3
4
4
800
sq.
£t.
1-1
4
4
800
sq.
ft.
1-2
4
4
800
sq.
ft.
T-3
4
4
800
sq.
£r.
C 6 L
3
3
150
sq,
ft.
Max. No.
OF Pree
Standing
N.P.
.150
1
A
_150
18
ft.
200
1
ft.
200
1
ft.
200
1
ft. .
.150
1
ftt'.
Max. AA _
Of Pree
Standing
Siena
N.P.
25
25
25
25
25.
25
I
Area
N.P.
.150
sq.
ft.
_150
sq.
ft.
200
sq.
ft.
200
sq.
ft.
200
sq,
ft. .
.150
sq,
ftt'.
* N.P. = 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. ft.
(a)A roof sign may. be displayed in place of a
wall sign and hall be so ject to the same
area limitation. The maximum allowable height
for a roof sign shallbe six (6) feet from
the point of the roof to which the sign is
attached to the top of the sign.
(b) A free standing signshall be set back from
a Public right-of-way not less than one half
the building set back distance required for
the zone by the .Zoning Ordinance.
(c) A projecting sign may be displayed in place of
a free standing sign, and shall besubject to
the Same area and height limitations and
shall not extend more than 6 feet from the
building.
5.4.2 Window Signs. Permanent window signs shall comply
with all applicable requirements set
forth in Sec. 5.4.1, shall be included in the com-
putation of allowable sign area of a premises and
shall not exceed 20% of the window area on a street
frontage of a premises.
5.4.3 Signs on Canopies. In. Commercial, Industrial, and
Civic and Institutional Zones
where a building is designed with a canopy pro-
jecting more than two (2) feet from the face of
the building, on -premise signs may be erected
upon the canopy, provided the signsdo not exceed
the maximum sign height for that zone, and are
included in the calculation of the allowablesign
area.
5.4.4 On -premise Signs it Airport Zoned 'Recuirine-a Permit
In an Airport Zone, on -premise signs shall be per- _
mitted, and each such sign shall be approved i
advance and in writing by the Airport Committee of
the City Council before application for a sign nermit
may be made to the Code Enforcement Officer. No on -
premise
-premise signs may be erected which, through illumina—
tion at night or glare during the day, creates a
hazard for aircraft or vehicles. - The maximum allowable
height fora roof sign shall be five (5) feet measured,
from the point of the roof to which the sign i
attached to the top of the sigh. Signs shall not
exceed two '(2)'in number per 'premise nor exceed a total
area of four hundred (400) square feet, and Do wall
sign shall exceed a sign area of more than ten percent.
(10%) of the gross wallsurface upon which it is
placed. Free standing signs. hall be no larger than
150 sq. ft. andshall be set back at. least 10 feet
from the right -o€ -way:, line.
5.4.5 On premise Signe: in 'C-4 Zoned Requiring a Permit.
The following regulations shall apply to all on -
premise signs in F4 zones which require a permit
from the Code Enforcement Officer.
5.4.5.1 Each business shall be permitted one hori-
zontal sign facing on each public right-of-
way or public parking area on which it fronts
r has a Public entrance. The total area of
signs on the building frontage of each public
right -o€ -way or putilicparking lot shall not
exceed two sq. €t. per linear foot of
frontage of the building on that public
right-of-way or public Parking area not to
exceed 800 sq. ft. per jot.
30
5.4.5.2 The maximum height of signs shall be 2 1/2
feet on the first floor and 2 feet on (or
above) the second floor. .
5.4.5.3 Themaximum area of signs shall be 1 1/2
sq, ftper business frontage for the first
- floor and 1/2 sq. £t. 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 following:
6.1
Official Business Directional Signs as provided by Maine
Travelers Information Services Act (23
M.R.S.A. § 1901-
1925), as amended.
�6.2
Signs of Industrial Parks. A sign system of the name of an
industrial park and a directory
-
of business and industries within the industrial parks
listed herein shall be permitted within or without a public
right-of-way in any zone except residential. For the
purposes of this Ordinance, a name sign and a directory .sign
shall be separate structures. The industrial parks are
listed HS f0110W6:
(a) Bangor Industrial Park
(b) Codsoe Road Industrial Park Annex.
(c) Target Industrial Circle _
(d) Hildreth Street Industrial Park North
-(e)
Hildreth Street Industrial Park South
(f) Bangor International Airport Industrial Airpark
(gg) Bomarc Industrial Park
(h) Road Industrial Park
;Sylvan
(i) �Oowd Industrial Estates Park
Each sign system authorized under this: Ordinance shall be
subject to the following conditions:
y
6.2.1 Each sign system 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 park.
6.2.2 Signs may be constructed only upon issuance of a
permit by the Code Enforcement Officer who shall
11
determine the conformance of 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 a right-of-way
will not constitute a traffic hazard. A sign may be
removed from a right-of-way by the City should the
City determine a need of the sign location for road
purposes. - -
6.2.3 In cases of permits issued after the effective date
of this Ordinance, no more than one name sign shall
be located at or near the entrance to any industrial
park. In those cases where a directory of nark
occupants is part of the system, the directory shall _
be placed within the park and not less than 300
feet from the entrance sign.
6.2.4 A name sign shall be no larger than an accumulative
total of 300 square feet on all sides of a. sign face,
not including supports, nor stand higher than 21 feet
to the top. The bottom of the sign face must stand
at least six feet from the normal ground elevation.
The sign shall carry no interior or flashing illumine -
tion or moving parts. -
6.2.5 A directory sign shall be no larger than 350 square
feet on any one face, nor stand higher than 21 feet
to the top. The bottom of the sign face must stand
at least six feet from the normal ground elevation
if near am intersection. The sign shall carry no
interior or flashing illumination or moving parts.
Name space, uniform in size, shape, color, and letter
design, shall be provided each park occupant, upon
request. !
6.3 Off -premise Signs Allowed 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
carriers, and signs on registered and inspected
motor vehicles, except such signs which are deter-
mined by the CodeEnforcement Officer to be.circum-
venting the intent of this Article. Circumvention
shall include, but not be limited to, signs which are
continuously in the same location or signs that extend
beyond the height, width, or length of the. vehicle.
6.3.2 Hand held signs.
6.3.3 Signs on or in bus shelters as provided in Chapter
VIII (The Zoning Ordinance of the City of Bangor).
LIE
6.4
Off -premise Signs Allowed Outside the Right -Of -Way Without
A permit.
The following off -premise signs may be erected and maintained
outside the public right-of-way without a permit from the
Code Enforcement Officer:
6.4.1 Signa erected by a public, civic, . philanthropic,
' charitable or religous organization announcing
an auction, public supper, lawn sale, campaign or
drive or other like event or soliciting contribu-
tions:
6.4.2 Signs erected by fairs and expositions operated
within the city of Bangor;
6.4.3 Signs bearing religious messages and sins 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 surface area not to exceed 50
square feet per sign; and
6.4.5 Signs bearing political messages.
6.5
Off -premise Signs Over Public Streets and Sidewalks. No off -
premise
sign shall be suspended over any public street or sidewalk
with the exception of a flag or banner as provided for i
Article 1, Section 3 of this Chapter. The City Council may
-
by Order, allow signs located on sidewalks.
6.6
StateandFederal Regulations. All off -premise signs shall
comply with any and all State
and Federal statutesand regulations prohibiting outdoor
advertising, billboards and off -premise signs.
See. 7 Appeals,
Exceptions and Variances.
7.1
Administrative Appeals. The Zoning Board of Appeals shall
hear and decide matters where
written appeal alleges an error in any interpretation, order,
requirement, decision or determination of the Code Enforce-
ment officer, in the enforcement of this Article. The action
of the Code Enforcement Officer may be modified or reversed
bf tCe. Boardmembeonly by a concurring vote of at leastfour(4)
62
7.2
Variances. The Zoning Board of Appeals shall decide upon
written requests for variances from the terms of
this Article. Variances shall be limited tovariations
n the dimensions and placement of signs. Before the Board
may grant a variance, it must find that a relaxation of the
terms of this Article would not substantially depart from
the intent and purposes of this Article and that literal
enforcement of this Article would result in undue hardship.
13
Y The burden of showing undue hardship is on the applicant.
Before the Board may exercise its discretion and grant a
variance on the grounds of undue hardship, the applicant
must show that:
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;
b. The alleged hardship includes substantially more than
mere inconvenience or inability to attain a higher
financial return, or both.
C. The sign to be authorized by the. variance will not
alter the essential character of the neighborhood.
d. The alleged hardship isnot the result of action
taken by the applicant or a priorowner of the
property.
The Board shall grant a variance only upon the concurring
vote of at lease four (4) of 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 Appeal Procedure. Persons appealing the decision of the
Code Enforcement Officer shall first
file a Form for such purposes with the Code Enforcement
Officer together with an administrative processing fee
of Fifty Dollars ($50.00): Such appeal must be commenced
and the required administrative fee received by the Code
Enforcement Officer within thirty (30)days after the
decision to be appealed. All forms for appeals shall
specifically set forth the grounds for the basis for the
appeal.
The Code Enforcement Officer shall immediately refer the
appeal, together with all materials relative thereto, to
the Chairman of the Board of Appeals for consideration 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 U.B. Mail., the owners
of all abutting property and/or owners of properties
within 100 feet of the exterior boundaries of the property
involved, at least 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 p opert7 shall be considered to
be those against whom taxes are assessed.
Failure of any person owning property within
said 100 feet to receive notice of said public
hearing shall not necessitate another hearing
or invalidate any action by the Board of Appeals.
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b. Following 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 Enforcement Officer, Planning. Officer
City Council and the Planning Board, at least
ten (10) days in advance, of the time and place
of the hearing and shall publish notice of the
hearing at least ten (10) days i advance in a
'nnewspaper of general circulation the area.
C. At any hearing, a party may be represented by an
agent or an attorney. A hearing shall not be
continued to another time except for good cause.
d. The Code Enforcement Officer, or his designated
agent, shall attend all hearings and shall present
to the Board of Appeals all plans, photographs
r other materials he deems appropriate for an
understanding of the appeal.
e. 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.
L Within twenty (20) days of thepublichearing,
the Board of Appeals shall reach a decision on
the requested appeal, and shall inform, 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 Officer shall
take all necessary action as instructed by said
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 Council, to the Superior
Court from any order, relief or denial in accordance with
Rule 80B, Naine Rules of Civil Procedure.
Sec. 8 Removal of Non -Conforming 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, 1986.
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Sec. 9 Pew. Any person who violatesanyprovision of this Ordinance
or fails to comply with any of itsem
qq 're ents, shall
upon conviction thereof be fined not more than *100,and, i
addition, shall pay all costs and expenses involved in the case.
Each day such violation continues constitutes a separate offense.
All fines assessed hereunder shall inure to the benefit of the
City of Bangor.
Sec. 10 Separability. I£ any section, subsection, sentence, clause,
phrase or portion of this Ordinance -is for any
reason held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holdingshall not affect the
validity of the remaining portions.
AMENDMENT TO C.O. 9 82-119
Changes to the Proposed Revision to the Sign Ordinance
Motion: That the "Attached Sign Ordinance referred to in C.O. 9
82-119 be amended as follows:
1.:/On Page 3 - Definition of Rotating Sign the following phrase should
be added at the end: more than six (6) times per minute."
2./On Page 3 the definition of "Sign'. In the third line "out of doors"
should be deleted and replaced with "off -premises". Also, a sentence
should be added to the end of this definition as follows: "A sign
shall include writing, representation or other figure of similar
character within a building only when illuminated and located in
a window."
3./On Page 4 - Section 4, Subsection 4.3 after the first word - "Every",
add the word "projecting". _
4.An Page 5 - Section 5, Subsection 5.1.2. In the second sentence on
the fifth line of this section the word "four (4)" should be changed
to "eight (8)". -
5. Page 10, Secto n6.2 Signs of Industrial Parks - Add a
Subsection (j}/'H eAvm:a Storage Area".