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HomeMy WebLinkAbout1974-08-26 263 AB ORDINANCE263 AS I ntroelmed by Councilor Mooney, August 26, 1974 �w- CITY OF BANGOR (TITLE.) Mraiumtc2t. Amending chapter VI, Article, 3 Sign ordinance Be it ordmiaad by tAs City Council of the City of Bangor, as follawa: — THAT Chapter VI, Article 3 of the Laws and ordinances of the City of Bangor is hereby amended by deleting Article 3 in its entirety and replacing it with the following: CHAPTER VI ARTICLE 3 - SIGNS Sec. I Definitions, For the purposes of Interpreting this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. 1.1 Advertising Sign. A sign which directs attention to a business, profession, product, service, activity or entertaiiment not conducted, sold or offered upon the premises where such sign is located. 1.2 Applicant. A person, firm, association or corporation for or by wh= a sign is proposed to be acted, recuesting that a sign permit be issued. 1.3 Arcade Sign. A business sign attached to the underside of the soffit or ceiling of an arcade or covered walkway. 1.4 Building Inspector. The Zoning add Code Enforcement Administration Officer for the City of Bangor, or his authorized agents. 1.5 Bus ins s Sign. A sign which directs attention to a business, profession, product, service, activity orentertainment sold or offered upon the promisee where such sign is located. lFw9lat g1TY COUNCIL 26, 1974 Received let 5 2M readings, INXerred to Code y Ordinance AeView Committee, consider next meeting. CITY CL6R1 IN CITY COUNCIL September 9, 1974 Consider next meeting. C 1TY p IN CITY COUNCIL ' September 23, 1974 Consider next meeting ITY C IN CITY COUNCIL October 16, 1974 Consider next meeting CITY C 7 IN. CITY COUNCIL \v October 28, 1979 Amended by substitution, consider next meeting. �CI CLERRC LERI( • IN CITY COUNCIL remember 13,, 1974 Consider next meeting CITY C 263 AE ORDINANCE (ITJJE,) manacling MaIter V1. Article 3 - sign InjCmiaW artl lilts Gy pMv¢ilwN MIs adfmnee U corroctly epgrvs,'s RECEIVED 1974 AUC 22 PM 2:16 nITY CLERK'S OFFICE CITY OF RANCOR. MAINE IN CITY COUNCIL February 10, 1975 Consider next meting U CITY M IN CITY COUNCILL February 24, 1975 Consider next meeting. X CITY CLEANY IN CYTY COUNCIL March l0, 1975 Consider next meeting Oemltte✓ 8npT6%] fNtmNCe3. Qom. CITT C� IN CITY COUNCIL IN CITY COUNCIL IN CITY COUNCIL Mexch 24, 1975 November 25 1978 January 13, 1975 Consider next meting.Consider next ting. Consider next meeting. 'i• CC MCITY CCM .ycITY c ITT CMK oCITY _ IN CITY COUNCIL $N C$T UNCIL / CITY COUNCIL April 19r 19"/5 December 9, 1994 January 27, 1975 Consider next meeting. Corwider next meeting. Consider next meeting n C lark �C 1 Tx C e£ RK IN CITY COUNCIL April 28, 19]5 IN CITY CO IN CI}P COUNCIL Continued to June 23 , 19)5 Decemer 23, 1974 June 23, 1975 � consider next meeting. Ind v e �/z©ft Hangar, the center of Maine—the Gateuny to Maui North Woods and Sawhm Ramp Is �saFo ROBERT E. MILLER car SWHIWr THOMAS C. JOHNSTON a .m. red SAM1 . C4 of Purser, Mame LEGAL DEPARTMENT October 25, 1974 Bangor City Council Bangor Maine 04401 Gentlemen: At the request of Councilor Henderson, I have enclosed with the Agenda a draft of a revised Sign Ordinance together with related materials. It is W understanding that the Code 6 Ordinance Review Committee will hold a public hearing on this matter in the mar future, the date of which may be established and announced atthe October 28, 1974 Council meeting. Very truly yyyou , Thomas C. Johnston Asst. city solicitor TCJ:tc Enclosures MOZ AF F CHAPTER VI ARTICLE 3 - SICNS See. 1 Befinitioos. For the purposes of interpreting this Article, the following terms, phrases, wards and their derivatives shall have the meaning given herein. / L.1 Applicant. A perso firm, association or corporation for or by whom sign Is proposed to be erected, requesting that a sign permit h issued. 1.2 Arcade Sign. A buninssssign attached to the underside of the soffit kk ceiling of an arcade at covered walkway. 1.3 Back-up Sign. A sign eery ture upon which two (2) sign faces r acted\parallel to each other and back to back, the spacebetween two(2)such faces not exceeding thirty (30) inches. 1.4 Building Inspector. The tonin Officer fo authorized agent. 1.5 8recL To build, construct, alt relocate, attach, bang, maintain any sign and aha1L alsc exterior wall signs. and Code Enforcement Administration the City of Bangor, or his repair, replace, display �suspend, affix or ude the painting of 1.6 Flashing Sign. A sign, the illuminatio of which is not kept natant in intensity ae all times when in use including signs which are illuminated by r contain flashing, intermittent, or moving light or lights. 1Lum ted signs which indicate the time, temperature, weath r or other similar information shall not be considered flashin6igns provided the e total surface area Coen notexceed Sixty- e ia\(66) Square feet and the vertical dimensions oany letter or number is not more than twenty-four (24) inches. 1.7 Ground Sign. A free -Standing, permanently located.slgn structure and on -premise sign having one (1)c= or two (2) parallel faces, supported by itself, by o e (1) t n uprights, poles or braces in o upon Meground, or a e ocher than a building. 1.8 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. 1.9 Indirectly I1Lminated Sign. An illuminated, non -flashing sign whose illumination is derived entirely from an external source and is so arranged that no direct rays of light are projected from such source into residential zones r publicstreets. 1.Lo Name Plate Sign. A non -illuminated sign which states the mans D address or both, of the occupant of the premises where the sign is located. LL1 Off -premise Sign. A sign which directs attention to a business, profession, product, service,ment, entertainment, merchandise, or goods, n conducted, amuse o offered upon the premise or land where such sign is located 1.12 On -premise Sign. A sign which directs attention to a business, profession, product, service, activity Or entertainment sold or offered upon the premise where such sign is located. 1.13 Promises. The Sot or Potosi or portion of the lot or parcel of Land, used in the active conduct of a business, service, profession or activity, including but not limited to, structures, driveways, parking lots, storage areas, landscaping, and loading areas. 1.14 Projecting Sign. A sign which is attached =a a building wall and which extends more than eighteen (18) inches it= the a urface of such wall. 1.15 Rotating Sign. A rotating sign shall man a sign which turns, rolls or otherwise m or gives the appearance of turning, rolling or otherwise moving. LLb Sign. Any name, symbol, trademark, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure r Land i of the general public, and which Is intended tto invite, , draw r direct the attention of the public to any product, goods, merchandise, place, activity, Amusement, person, institution or business. 1.17 Sin Area. The entire area nu within a single contious perimeter enclosing the extreme limits of the actual sign surface, measured in Square feet. Such Sign area does not Include any structural elements outside the limits ofthe sign surface which do not form an integral part of the sign. For projecting, temporary, ground, back-up or other parallel faced 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 carry identical messages, For back-up off -premise sign, only e (1) display face shall bes red in competing total area. In measuring the signof an off -premise sign, such sign area sML1 not include cut-outs, so called, or order. LL8 Sign Structure. Any rigid orsemi-rigid material situated upon or attached to or which is a part of real property upon which a sign may be posted or displayed. LAS Temporary Sign. Any sign, banner, pennant, or valace not permanently affixed to the around or a structure. 1.20 Wal�n. Any sign painted on or attached parallel to, the wall surface of a building and projecting therefrom not more than twelve (12) inches. Sec. 2 Permits. 2.1 Permit Required. No person, firm, association or corporation shall erect any on -premise, off -premise, or temporary sign, as herein defined, without first obtaining a permit therefor from the Building Inspector, except for those signs exempted fram the requirements of this Article in Section 25. 2.2 Application for Sign Permit. Application for a edge permit shall be made by and signed by the applicant in writing upon forms prescribed and provided by the Building Inspector, to the Building Inspector, and shall contain the fall wing inforastion: (a) Name, address and telephone umber of the applicant; (b) Location of the premise or Land upon which the sign is to be erected; (c) Plane to scale showing the area of the sign, the position of the sign in relation to nearby buildings or structures, the location of the n premise r Land upon which the sign is to be erected, and the method of illumination, if any: (d) Cost of the sign; aid (a) Such other information as the Building Inspector shall require to show full compliance with this Article and sit other Laws and Ordinances of the City of Bangor. 2.3 Pee. An application to the Building Inspector for a alga permit shalt be accompanied by a permit fee In accordance with the following schadule: 4 On -premise Sign $10 Temporary Sign 5 0£f -premise Sign Structure 50 2.4 Expiration. Any permit issued shall become null and void if the ark authorized thereby is not completed within six (6) months from the date of issuance. 2.5 Exemptions. No sign permit shall be required for traffic and other state or municipal signs, Legal notices, mail - road crossing signs, danger and such other temporary, emergency o non -advertising signs, intended for the protection of the public; nor shall sign permits be required for signs expressly permitted i Residential, Agricultural, Civic & Institutiatal and Parks & Open Space Zones by Section 3.1 of this Article, provided, however, that such signsrr not deemed unsafe o unlawful by Section I of this Article; n shall sign permits berequired for customary holiday decorations. 2.6 Temporary Sign Permits. Temporary signs shall only be permitted upon the issuance of a temporary sign permit by the Building Inspector, such permit expiring within thirty (30) days of its i A temporary sign permit shall not be issued for a premisewhichhas been rued such a permit within a ninety (90) day period preceding the application. No temporary sign permit shall issue e if the a of the temporary sign plus the area of all existingsigns on the premises exceed allowable sign area of the premise. 2.7 Issuance of Permit. If the proposed sign is permitted and is in comp fiance with all applicable requirements of the Laws and Ordinances of the City of Bangor, the Building Inspector shelf issue a permit for the erection of the proposed sign. Sec. 3 On -premise Signa. 2.1 On -premise Signs In Residential Agricultural Civic & Inatitutional and Parks & Open Space Zones. In Residential 1 (R -L), Residential 2 (R-2), Residential 3 (R -d), Resi- dential 4 (R-0), Residential 5 (R-5), Agricultural (A), Civic & Institutional OUT), and Parks & Open Space (F&O) Zones, on -premise signs shall be permitted under the fallowing conditions; 3.1.1 One illuminated name plate sign identifying the asset o occupant of a building or dwelling unit, provided the sign area does not exceed two (2) square feet. 3.1.2 One sign for each separate street frontage of a lot and pertaining to the lease or sale of a structure and/or land, provided It shall not exceed twelve (12) square feet in sign area and is n -illuminated; is set back at least fifteen (15)feet from thestreet line; and is n e than fifteen (15' feet mless than two (2) feet above ground. 3.1.3 Real estate signs, for one (1) year or until thirty (30) days after occupancy of the project, whichever is less,advertising anew subdivision apartment development upon the land where it is placed, pro- vided such signs do natexceed n nety-six (96) square feet in sign a e nom than fifteen (15) feet r less than two (2)feet above ground, and advertise only the development where It Is located, only one (1) ash sign is to be erected ateach dedicated street entrance and set back to the required building Line, and is non-ilLmmated. 3.1.4 One non -illuminated sign identifying an engineer, architect oro contractor engaged in its construction of a building, provided such sign shall not exceed twelve (12) square feet Is sign a is e than fifteen (15) feet nor less than two (2) feet above ground, and is removed within thirty (30) days following occupancy of the building. 3.1.5 Me identification sign, not to exceed twenty-four (24) square feet in sign area for each building devoted to the following aachurch, school, hospital, library or other permittedcommunity nity facility use. Such sign shalt be solely for the purpose of identifying the institution and its services or activities and may be illuminated. 3.1.6 pee on -premise sign for any permitted bum Leese use in a Residential, Agricultural, Civic 5 institutional and Parks S Open Space Zone not toexceed t enty-four (24) square feet in sign and maybe either non-illumLw[ed or indirectly illuminated. 3.L.7 No name plate sign shall be erected within two (2) feet of the street line and n other sign described above shall beerected within ten (10) feet of any street line. 3.2 On -premise Signe in CommerciaL and Industrial Zones. Every on -premise sign erected in Neighborhood Commercial (C-1),: Commercial Development (C-2), Commercial Service (G-3), Central Business District (C -A), Industrial Park 1 (I-1), Industrial Park 2 (1-2) and General Industry (I-3) Zones shall comply with the requirements set forth in this section. 3.2.1 General Requirements. Every on -premise sign erected in Caere ial and laden trial Zones shall not exceed eed the maximum numbers and dimensions set forth in the following table: Absolute Max. Max. Max. Total Max. No. Max. No. Max. Wall Sign Sign Sign Area Max. No. of of Sign Ext- He. Dr. Lot Bids. Of All of Wall Ground Roof Above 1st End Base Base Zone Signs Slav_ Signs Signs Parapet Fir. Plr. No. NO. C-1 90 aq ft 2 0 0 0 2a.' 2' .5 1.0 C-2 300 sq it 2 1 1 2§' 2$' 2}' .75 1.5 C-3 300 aq it 2 1 1 2}' 2$' 2a.' .75 1.5 C-4 No abs max 1 L 0 0 2k.' 2' .I5 1.5 I -L 300 sq ft 1 1 1 0 4' 4' .I5 1.5 I-2 300 sq ft 1 L 1 0 4' 4' .75 1.5 1-3 300 sq ft l t L 0 4' 4' 45 1_5 3.2.2 Allowable Sip Area. To determine the total allowable sign a for a premise multiply the building base number by the number of lineal feet of the aides of the structure through which the public "a access s to a public right of way o a parking facility. If the premise u has n structure, multiply the lot base number by the number of lineal feet of promisee frontage on public rights of way. If the number derived by multiplying the number of lineal feet by the base number is leas than the absolute maximum total signof all signs specified for that such number shall be the maximum number of secure feet of total allowable sign area for the building. If the number thereby s derived i equal to orgre r than the absolute maximum total e sign a n e of all sigspecified for that z such absolute maximum shall be the maximum number of secure feet of total allowable sign area for the building. 3.2.3 Ground Signs. In addition to the preceding requirements of this section, a ground sign shall not exceed the following dimensions; Maximum Height of Maximum Thickness Maximum Length Zone Structure and Sign of Sign 0£ Sign C-2 35' 1}' No maximum C-3 35' las' No maximum C-4 4' 1}' 4' I-1 10' 1§No maximum I-2 10' 1}' No maximum I-3 to 1}' No maximum (a).Ground Clearance. A ground sign shall either be flush with the ground ov have a clearance above the ground of at least two (2) feet. (b) Placement. A ground sign shalt be erected only in yards having a minimm building setback of thirty (30) feet from the lot line directly fronting one public right of way or public parking area. A ground sign shall r be placed so that then est edge of its structure and sign is at least five (5)feet from any public right of way, public parking area, adjoining property line and building structure. 3.2.4 Special Exceptions. A special axceptton my be permitted by the Sign Review Comm_ttee to the maximum sign height requirement set forth in the table in Section 3.2.1 up to the height of five (5) feet, provided that such Sign is Located in a C-2 Zone, is in an integrated shipping center, and is at Least set back two boated (200) feet from the public right of way. 3.3 on -premise Signs in Airport Zones. In an Airport Zone on -premise signs shall be permitted; and each ouch sign shall be approved in advance and is writing by the Airport Committee of the City Council before application for a Sign permit may be madeto the Building Inspector. No on -premise $fans may be erected which, through illumination night r stare during tie day, ra hazard for air - raft o vehicles. No sign shall project Steve aeparapet, n shall project me a than t and one-half (2k') fee above the roof line. Signs shelf note on exceed two (2) in number per premise nor exceed a total sign area of three hundred (300) square feet, and an wall sign shall exceed sign area of more than ten percent (10%) if the gross wall surface upon which it 1s placed. 3.4 On -premise Signs - General Regulations. The fall Owing prohibitions and general regulations shall apply to on -premise signs, in all board. 3.4.1 No on -premise sign shall beerected or me interned which Over o extends r projects intor any public way more than eighteen (18)inches. The Sign Rev v Committee may permit special a cepti Ons to the dome limitations on projecting signs provided that any such projecting sign is a tlme and temperature sign erected open the natation wall of structure for the convenience of the public, ex- tends no more than seventy-two (72) inches into the public way.rindirectly illuminated, and only contains the name of the premise upon which it is erected. 3.4.2 One arcade sign is permitted in integrated shopping enters. 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 elan not exceed four (4) feet in length and the sign must be mounted at right angles to the nearest face of the building. Such or code signs shall beincluded in the calculation of allowable sign area. 3.4.3 In Cc®erial and Industrial Zones where a building is designed with acnopy projecting more than two (2) feet from the face of the building, one (1) on -premise sign may be erected upon the canopy, provided the sign does not exceed the maximum sign height for that z and is included in the calculation of the all usable sign 3.4.4 No wa L1 sign shall be attached to, o obstruct any r wind ow, door, stairway o other open -ug intended for ingress or egress or for ventilation or light. 3.4.5 Any sign painted directly on the surface of any wall shall be required to be painted at least every three (3) years and an on -premise sign .permit shall be required fors uch repainting. if the repainted sign x should exceed the allowable sign area,uch sign shall be painted out or otherwise removed or reduced in sign area to conform to such sign area limitations. 3.4.6 In addition to signs permitted elsewhere in this ordinance one (1) sign, net to exceed two (2) square feet per sign, designating an entrance or exit to a parking lot shall be allowed. 3.4.7 wherever each unit in a shopping center is a separate establishment, it shall be treated s a separate premise in determining the allowablesign dimensions and comber of signs. Sec. 4 Off -premise Signs 4.1 Dimeps ions. An off -premise sign shall not exceed eed six hundred seventy-two (672) square feet in sign area, exceed twenty-five (25) feet in height from the Ground Surface. 4.2 Off -premise Signa Prohibited in Certain Zones. Off -premise signs shall be prohibited in Agricultural (A), Residential 1 (R-1), Residential 2 (R-2), Residential 3 (R-3), Residential 4 (R-4), Residential 5 (R-5), Neighborhood Commercial (C -L), Central Business District (C-4), Industrial Park 1 (I-1), Civic & Institutional (Cal), Parka & Open Space (PAR) and Airport (AP) Zones. 4.3 Off -premise Signs Permitted in Certain Zones. Off -premise signs Shall only be permitted n Commercial Development (C-2), Commercial Service (C-3), Industrial Park 2 (I-2), and General Industry (I-3) green,and only in accordance. with the regulations set forth in this Article. 4.4 Location of Off -premise Signs. Off -premise signs shall be located in accordance with the following requirements: 4.4:1 Setback. No portion of an off -premise sign shall be located closer to the front lot Line than is required by the minim,m setback in the applicable none. 4.4.2 Frequency of Placemen. An off -premise sign abed be spaced not less than five hundred (500): feet from another such sign on the s aide of the traveled way. NOT shall any off -premise sign beplaced an a premise nor within two hundred fifty (250) feet from the nearest point of apremise. 4.5 State and Federal Regulations. All off -promise signs shall comply with any and all State and Federal statutes and regulations regarding outdoor advertising, billboards and off -premise signs. 4.6 Landscaping. Off-premLse sign structures shall be landscaped so as to screen from view, all structural members. Sec. 5 General Sign Regulations. All signs, whether on -premise, off-prentse, or temporary, shall comply with the requirements set forth in thin Section. 5.1 No flashing nor rotating signs Shall be erected in the City of Bangor. 5.2 No sign, whether illuminated or not, shall project into the line of vision n of a motorist of a official traffic signal at street ofrailroad intersection within one hundred fifty (L50) feet of such signal from s moving lane of traffic and no sign visible from the street shall contarn the word 'banger or "Stop" with the intent of simulating street traffic or other official signs. 5.3 Every sign attached to the wall of any building above a side- walk, driveway or private or public parking area, and every r ground sign r such a snail be required to maintain clearance of at least ten (10) feet between the bottom of such sign and the ground level. 5.4 No sign shall be attached to any free, fence or utility pole. 5.5 Any sign now or hereafter existing which no longer advertises a bona fide business conducted, product said, or activity or campaign being conducted, shall be taken down and removed by the meet, agent or person having control of the premises o Land upon which such sign ieeected, within ten (30) days after written notice from the Building Inspector $rating that such sign must be taken down and removed. Upon the failure to take down or remove uch Sign within ten (10) days after receipt of written notification, the Building Inspector may cause to be taken down and removed, such sign, and any expense incurred shall be paid by theOwn agent or person laving control of the premises or land upon which Such sign was erected. 5.6 All signs and sign structures shall be properly maintained and kept in a neat and proper state of maintenance and appearance. 5.7 Gooseneck and thin Sine reflectors and lighting shall not be permitted on any sign. Sec. 6 Sign Review Committee. There is hereby established a Sign Review Committee. When used in this Article, the term "Committee" shall mean the Sign Review Committee herein established. 6.1 Appointment and Qualification. The Sign Review Committee Shall consist of five (5) regular members and one (1) associate seater appointed and qualified as fall ws: a The City Council shall appoint three (3) regular members to the Committee, so that at any one time the City Council appointees shall consist of an architect, a person extent L- vely involved in the graphic arts, and a member of the business community. The City Council SMIL also appoint a second architect to serve as the associate member. b. The Planning Board shall appoint one (1) of its members to serve as a regular member of the Committee. C. The Fine Arts Advisory Committee Shall appoint one (1) of its members to serve as a regular member of the Committee. 6.2 Term. The regular members appointed by the City Council shall serve staggered terms of three (3) years, one (t) member to be initially appointed for three (3) yeasa (1) for o (2) yes and one (1) for e (1) year, add thereafter each member shall serve for three (3) years or until hier has been appointed. The associate member appointed by the City Council shall a a term of two (2)years and she 11 serve thereafter until his successoehas been appointed. The regular members appointed by the Planning Board shall serve a term of one (1) year and shall serve thereafter until a successor has been appointed. If such regular members s to a member of the Planning Board prior to the expirationof his term anregular member a of the Sign Review Committee, he shall also a to serve amember of the Committee, and the Planning board shall appoint one (1) of its members to serve the remaining term. The regular member appointed by the Fine Arta Advisory Committee shall serve a term of one (1) year and shall serve thereafter until his successor has been appointed. If such regular member as a regular ember of the Fine Arts Advisory Committee prior serve to the expiration of his term as a regular member of the Sign Review Committee, he shall also cease to a member of = w he Sign Raw few Cmf tree, and the Fine Arts Advisory Committee shall appoint one (1) of its members to serve the remaining term. 6.3 The Associate Member. In the absence of a regular member, the associate member shall serve and vote in such regular member's place. When all regular members are present and voting, the associate member ray participate in all discussions and deliberations, except that he aBell not vote. 6.e Chairman. The Committee shall annually select one (1) of its members to serve as chairman. 6.5 Public Proceeding. The City Manager shall designate a person to as clerk to the Committee who shall keep a detailed public record of all proceedings. Such record shall show the vote of each of the members of the Committee upon each question. 6.6 Quorum. The Committee shall not be legally core t[ed n c=patent transactto businesss unles a quo of its members are present and voting. Aquor,m shall consist of five (5) members. 12 6.7 Conflict of Interest. Any question of whetisr a particular issue Involves a conflict of interest sufficient to disqualify a member from voting thereon, shall be decided by a majority vote of the remaining members. A tie vote in this instance shall disqualify the ember from voting on the particular issue. 6.8 Removal. A member may bes ved from the Committee prior to the expiration of histerm, and anew m ember appointed his place, by the City Council, upon written charges presented to and after public hearing before, the City Council. 6.9 Powers and Duties. a Administrative Appeals. The Committee shall hear and decide on matters where a written appeal allegesrequirement,any interpretation, order, requirement, decision or determination of the Code Enforcement Officer, is the enforcement of this Article. The action of the Code Enforce- ment Officer ray be modified or reversed by the Committee only by a concurring vote of at least four (4) of all members present and voting. b. special Exceptions. The Committee shall hear and decide requests for special exceptions as specifi- cally permitted by the provisions of this Article. Before the Sign Review Committee issues a special exception, it shall find that the proposed sign meets the standards and limitations set forth in the section specifically permitting a special exception and in addition, the Committee shall find that: 1. the proposed sign does not cover, block or in any other way obstruct, any window. 2, the proposed sign is erected and/or attached so that it in structurally sounds 3. the size of the proposed sign is not out of proportion with the adjacent buildings in the neighborhood. 4. the size of the proposed sign is proportional to the size of the structure and/ox the lot upon which it is to be erected. 5. the size of the proposed sign and the symbols and Letters contained thereon can be read by the viewing traffic, either pedestrian or motor vehicle. 6. the texture and material of the propos ad sign is in keeping with the texture and material of the structure to which such sign refers. 13 7. the proposed sign will not interfere with a driver's view of all official signs, nor with a driver's view of approaching or merging traffic. 8. the proposed sign 1s so dissimilar from traffic o information signs that the proposed sign cannot be confused with such traffic or information signs. An exception ception shall only be permitted upon the concurring vote of atleast four (4) of all members present and voting. c Variances. The Cosmibbee shall decide upon requests for variances from the terms of this Artie a. Variances Shall be limited t0 variations in the dimensions and placement of signs. Before the Committee may permit a variance, it must find that a relaxation Of the terms of this Article would not substantially depart from the intent and purposeof this Article and that literal enforcement of this Article would e result in undue hardship. The burden of showing uMue hardship is upon the applicant, and to overcome this burden, the applicant meet show; 1. That 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; 3. That the alleged hardships and practical difficulties, r bath, which will result from a is flues, to grant the variance, include substantially more than more incon- venience r inability to attain a higher financial return, or both. 3. That the sign to be author iaad by the variance will not alter the essential character of the xeighborhood. The Committee shall permit a variance only upon the concurring vote of at least four (4) of all members present and voting, and in so doing, my prescribe conditions and safeguards a are appropriate for carrying out the intent and purposes of this Article. 6.10 Further Appeals. Further appeals may be taken it= any action of the Committee within thirty (30; days after the decision is rendered, by any party, including the City Council, to the Superior Court it use any order, relief or denial in accordance with Rule 806, Maine Rules Of Civil procedure. Sec. 7 Unsafe and Unlawful Signs. If the Building Inspector shall find that any sign or sign structure regulated herein is unsafe o insecure, or is a usensce to the public, or las been constructed or erected o is being maintained in violation of the pr wlsione of this ordinance, he 8hall 14 give written notice to the permittee thereof.If the permittee fails to filter the structure 9 s to comply with the standards herein remove forth within ten (10) days after such notice, such sign or sign structure omay be removed o altered to comply by the Building Inspector attheexpense of the permittee or owner of the property upon which it is located. The Building inspector may cases any sign which i an mmediate peril to persons or property to be removed suma mriLy and without notice. Sec. 8 Removal of Non -conforming Signa. Every sign that does not conform with all the requirements and coed itions of this Article shall be altered c comply, or be completely removed from the premises, in accordance with the following schedule: Signa Crested Prior to Shall Comply or be Removed b September 1, 1970 Septembev L, 1976 September 1, 197L Septembe- 1, 1977 September 1, 1972 September 1, 1978 September 1, 1973 September L, 1979 September 1, 1974 September 1, 1980 Sec. 9 Penalty. Any person who violates any provision of this ordinance or fails to comply with any of its requirements, shell upon conviction thereof be fined not more than $100, and, in addition, shall paall coats and expenses involved in the case. each day such vfolatfon continuer constituter a separate offense. Sec. 10 Separability, 1£ any section, subsection, sentence, clause, phrase o portion of this ordinance is for any reason held invalid o unconstitutional by any Court of competent jurisdictions Osuch portion shall be deemed a separate, distinct and independent pr ovasiou and such holding shall not affect the validity of the ream fining portions. DRAFt CHAPTER VI ABTICLB 3 - SSCNS Sec. 1 Definitions. For the purposes of interpreting this Article, the following terms, phrases, words and their derivatives shell have the meaning given herein. 1.1 Applicant. A person, firm, asses Lotion or corporation for o by whom a sign is proposed to be erected, requesting that a sign permit be issued. 1.2 Arcade Sign. A business sign attached to the underside of the soffit or ceiling of an arcade or covered walkway. 1.3 Back-up Sign. A sign structure upon which two (2) sign faces r erected parallel to each other and back to back, the spacebetween two (2) such faces not exceeding thirty (30) inches. 1.4 Building Inspector. The Zoning and Code Enforcement Administration Officer for the City of Bangor, or his authorized agent. 1.5 Erect. To build, construct, alter, repair, replace, display relocate,attach, hang, place, suspend, affix or maintain any sign and shall also include the painting of exterior wall signs. 1.6 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 o contain flashing intermittent, or moving light or lights. Illuminated signs which indicate the time, temperature, weather or other similar information shall not be room idered flashing signs provided the total surface area a does notexceed sixty's x (66) square feet and the vertical dimensions of any letter or number is not more than twenty-four (24)inches. 1.7 Ground Sign. A free-standing, permanently located sign Structure and on -premise sign having one (L) face or two (2) parallel faces, supported by itself, by one (1) o uprights, poles r braces Ino upon the ground, or by a structure other than a building. 1.8 Illuminated Sign. A Sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or l mi ms, tubes which are part of the sign, or illuminated by an internal Light source. 1.9 Indirectly Illuminated Sign. An illuminated, non -flashing sign whose Illumination is derived entirely frac so external source and is so arranged that no direct rays of light are e projected from such source into residential sones or publicstreets. 1.10 Name Plate Sfgn. A non -illuminated sign which states the name address or both, of the o cupant of the premises where the or is located. 1.11 Off -premise Sign. A sign which directs attention to a business, profession, product, a meet, entertainment, merchandise, or goads, service, amusement, n offered upon thepremiser land where such aign is located 1.12 On -premise Sign. A sign which directs attention to a business, profession, product, service, activity o entertainment sold or offered upon the premise where such sign is located. L.13 Premises. The Lot or parcel or portion of the lot or parcel of land, need in the active conduct of a business, service, profession or activity, including bun not limited to, structures, driveways, parking lots, storage areas, landscaping, and Loading areas. 1.14 Projecting Sign. A sign which is attached to a building wall and which extends more than eighteen (LB) inches from the s or face of such wal1. 1.15 Rotating Sign. A rotating sign $hall mean a Sign which turns, rolls of otherwise m r gives the appearance of turning, roiling a otherwise moving., 1.16 Sign. Any n symbol, trademark, identification, description, display, Mud tration or device which is affixed to 0 represented directly or indirectly upon a building, structure or land in view of the general public, and which is intended to invite, draw or direct the attention of the public to any product, goods, merchandise, place, activity, amusement, person, institution or business. 1.17 Sin Area. The entire area within a single continuous perimeter enclosing the extreme Limits of the actual sign surface, measured in square feet. Such aign area does not include any structural elements outside the limits of the sign surface which do not form an Integral part of the sign- For Projecting, temporary, ground, back-up or other parallel faced 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 carry identical messages. For back-up off -premise signs, only e (1) display face shall be measured in coopering total sign a In measuring the sign a of a off-premlae sign, ucn sign area snail not include cue outs, so called, or brim, 1.18 Sign Structure. Any rigid or seml-rigid material situated upon or attached to or which is a part of real property upon which a sign may be posted or displayed. 1.19 Temporary Sign. Any sign, banner, pennant, or vetoes not permanently affixed to the ground or a structure. 1.20 Wall Sim Any sign painted on or attached parallel to, the wall surface of a building and projecting therefrom not more than twelve (12) inches. Bee. 2 permits. 2.1 Permit Required. No person, firm nation o corporation shall erect any on-premise,coff-premise, or temporary sign, as herein defined, without fire[ obtaining a permit therefor from the Building Inspector, except for those signs exempted it= the requirements of this Article in Section 25. 2.2 A2elication for Sign Permit. Application for a sign permit shall be made by and signed by the applicant in writing upon forms prescribed and provided by the Building Inspector, to the Building Inspector, and shalt contain the following information: (a) Name address and telephone comber of the applicant: (b) Location of the premise or land upon which the sign is to be erected; (c) Plans to scale showing the area of the sign, the position of the sign in relation to arby buildings or structures, the location of the premise or land upon which the sign U to be erected, and the method of illumination, if any; (d) cost of the sign; and (a) Such other information as the Nuilding Inspector shall require to show full compliance with this An [icle and all other Laws and Ordinances of the City of Bongo[. 2.3 Pee. An application to the Building Inspector for a sign permit shall be Add repeated by a permit fee in accordance with the following schedule: 4 Ot-premise Sign $l0 Temporary Sign 5 Off -premise Sign Structure 50 2.4 Expiration. Any permit issued shall become null and void if the work authorised thereby is not completed within six (6) months from the date of issuance. 2.5 &Yemptions. No sign permit shall be required for traffic and other state or municipal signs, legal notices, rail - cad crossing signs, danger and such other temporary, emergency o non -advertising signs, intended for the protection of the public; nor shall sign permits be required for signs expressly permitted in Residential, Agricultural, Civic & Institutional and Packs & Open Space Zones by Section 3.L of this Article, provided, however, that such signs are not deemed unsafe or unlawful by Section ] of this Article; nor shall sign permits be required for customary holiday decorations. 2.6 Temporary Sign Permits. Temporary signs shall only be permitted upon the issuance of a temporary sign permit by the Building Inspector, such permit expiring within thirty (30) days of its issuance. A temporary sign permit shall not be issued for a promise which has been issued such a permit within a ninety (90) day period preceding the application. No temporary sign permit shall issue if the area of the temporary sign plus the area of all existing signs on thepremise$ exceed allowable sign area of the premise. 2.7 Issuance of Permit. If the proposed sign is permitted and is in compliance with all applicable requirements of the base and Ordinances of the City of Magor, the Building Inspector Shall issue a permit for the erection of the proposed sign. Sec. 3 On -premise Signs. 2.1 On -premise Signs in Residential Agricultural Civic & Institutional and Parks & Open Space Zones. In Residential 1 (R-1). Residential 2 (R-2), Resident LaL 4 (R-9), Resi- dential 4 (R-4), Residential 5 (R-5), Agricultural (A), Civic & Institutional (C&I), and Parks & Open Space (P&O) Zones, on -premise signs shall be permitted under the following conditions; 3.1.1 One illuminated name plate sign identifying the owner o occupant of a building ordwelling unit, provided the sign area does not exceed two (2) square feet. 3.L.2 One sign for each separate street frontage of a lot and pertaining to the lease or sale of a structure and/or land, provided It shall not exceed twelve (12) square feet In sign area and is -illuminated; is set back at least fifteen (15)feet from the street line; and is no more than fifteen (15) feet nor lees than two (2) feet above ground. 3.1.3 Real estate signs, for one (1) year or until thirty (30) days after occupancy of the project, whichever 1s lees, advertising anew subdivision o apartment development upon the land where it 1s placed, pro- vided such signs do notexceed n aety-six (96) square feet in sign area,enomore than fifteen (15) feet r Less than two (2) feet above ground, and advertise only the development where it is located, only one (1) such sign is to beerected at each dedicated street entrance and set back to the required building Line; and is mo-illumfneted. 3.1.4 One-flluainated sign identifying anengine x architect o contractor engaged in the o construction of a building, provided such sign shall not exceed twelve (12) square feet in sign area, is n e than fifteen (15) feet nor less than two (2) feet above ground, and is removed within thirty (30) days following occupancy of the building. 3.L5 one identification sign, not to exceed t my -four (24) square feet in sign area for each building devoted to the fallowing aschurch, school, hospital, library or other permitted c unity facility use. Such sign shall be solely for the purpose of identifying the institution and its services or activities and may be illuminated. 3.1.6 One on-premise sign for any permitted braineae use in a Residential, Agricultural, Civic & Irstitutional and Parks & Open Space Zone not toexceed twenty-four (24) square fee nsign and maybe either non -illuminated or indirectly illuminated. 3.1.7 No name plate sign shall be erected within two (2) feet of the street line and n other sign described above SM11 beerected within ten (10) feet of any street line. 3.2 On -premise Since in commercial and Industrial Zones. Every on -premise sign erected in Neighborhood Commercial (C-1), commercial Development (C-2), Commercial Service (C-3), Central Business District (C-4), Industrial Park 1 (I-1), industrial park 2 (1-2) and General Industry (1-3) zones shall comply with the requirements set forth in this section. 3.2.1 general Requirem are. Every on -pre sign erected in Commercial aIndustrial zones stall not exceed eed the maximum numbers And dimensions set forth in thefollowing table: Absolute Max. Max. Mex. Total Max. No. Max. No. Max. Wall Sign Sign Sign Area Max. No. of of Sign Ext. EL NL Loc Bldg. of All of wall Ground Roof Above lot 2n4 Base Base Zone Signs Sims Stens_ Signs parapet Fit. Flt. No. NO. C-1 90 sq ft 2 0 0 0 2}' 2' .5 LO C-2 300 sq ft 2 1 1 2}' 2}' 2}' .I5 1.5 C-3 300 sq it 2 1 1 2k.' 2k' 2}' .I5 1.5 C-4 No she max 1 1 0 0 2k.' 2' J5 1.5 I-1 300 cq ft 1 L l 0 4' 4' .75 1.5 I-2 300 sq ft 1 1 1 0 4' 4' 75 1.5 I-3 300 sq it 1 1 1 0 4' 4' .75 1.5 3.2.2 Allowable Sim Area. To determine the total allowable sign e for a premise multiply the building hesea number by the number of lineal feet of the sides of the structure through which the public has access s to a public right of way o a Backlog facility. If the premise Me n structure, multiply the tat base number by the comber of lineal no of premises frontage on public rights of way. If the number derived by multiplying the number of lineal feet by the base number is less than the absolute maximum total signeof all signs specified for that such number shall be the maximum number of aquae feet of total allowable sign area for the building. If the number thereby derived isequal to or greater than the absolute maximum total e sign azone, all signs specified for that such absolute maximum orSMIL be the umber of square feet of total allowable sign area for xthe building. 3.2.3 Ground Signs. in addition to the preceding requirements of this section, a ground sign shall not exceed the following dimension¢: Maximum Height of Maximsm Thickness Maximum Length Zone Structure and Sign Of Sign of Sign C-2 35' lie' No maximum C-3 35' 1}' NO maximum C-4 4' li.' 4' I-1 10' L$' No maximum I-2 10' 1;No maximum 1-3 30' Lk' No Main= (a). Ground Clearance. A ground sign Shall either be flush with the ground or gave aa=ea[ance ab we the ground of at Least two (2) feet. (b) Placement. A ground sign Shall beerected only in yards having a minimum building setback of thirty (30) feet from the lot line directly fronting one public right of way or public parking a A ground sign shall [ be placed so that then est edgeofits structure and sign is at least five (5)feet from any public right of way, public parking area, adjoining property line and building structure. 3.2.4 Special Exceptions. A special axception may be permitted by the Sign Review to the maximum Sign height requirement set forth in the table In Section 3.2.1 up to the height of five (5) feet, provided that such sign is located in a C-2 Zone, is in an Integrated shop2 ing center, and is at least set back two hundred (200) feet from the public right of way. 3.3 On -premise Signe in Airport Zones. In an Airport Zone on -premise signs $hall 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 my be made to the Building Inspector. No on-premt signs y beerected which, through illumination a night or glare during ma the day,eates a Lazard for air- craft o vehicles. No sign shall project above a parapet, n shall project more than two and one-half (2¢') feet above the roof line Signs shall not exceed two (2) in umber per premisenor xeed a total sign area of three hundred (300) bounce feet, and no wall sign Shall exceed sign area O of more than ten percent (10%) of the gross wall surface upon which it is placed. 3.4 On -premise Sins - Cenral Regulations. The following prohibitions and general regulations $hall apply to on -premise signs, in all zones, 3.4.1 No on -premise sign shall be atected o maintained which w o extends r projects Intos any public way more than eighteen (18)Inches The Sign RevLow Committeemy permit special exceptions to the above Limitations on projecting signs provided that any such projecting sign is a time and tiametatute sign ected'. upon the exterior wall of structure for the '¢enbenceof the public, e tends n more than seventy-two (72) inches into the pub Lic way, is indirectly', illuminated, and only contains the name of the premise upon which 1t is erected. 3.4.2 Coe arcade sign is permitted in integrated shopping enters. The £ac Of the sign shall t exceed twelve (12) inches in heior ght, to be measured at right angles to the soffit or ceiling, and such sign aha L1 not exceed eed four (4) feet in length and the sign mast be mounted at right angles to the nearest face of the building. Such arcade signs shall beincludedin the calculation of allowable sign area. 3.4.3 In Commercial and Industrial Zones where a building is designed with acnopy projecting m than two (2) feet it= the face of the building, one (1) on -premise sign may be erected upon the canopy, provided the sign does not exceed the mazone, sign height for that and is included in thecalculationof the all usable sign 3.4.4 NO wall sign abull be attached to, or obstruct any window, door,stairway or other opening intended for ingress or egress or for ventilation or light. 3.4.5 Any sign painted directly on the surface of any wall shall be required to be painted at least every three (3) years and an on -premise sign permit shall be required for such repainting. If the repainted sign should exceed the allowable sign area,uch sign Shall be painted cut or otherwise removed o reduced in sign area to conform to such sign limitations. 3.4.6 Io addition to signs permitted elsewhere In this ordinance one (1) sign, not to exceed two (2) square feet per sign, designating an entrance or exit to a parking Lot shall be allowed. 3.4.7 Whatever each unit in a shopping center is a separate establisSam at, it shall be treated as a separate premise in determining the allowable sign dimensions and mumber of signs. 9 Sac. 4 Off -premise Signs 4.1 Dimensions. An off -premise sign shall not exceed six hundred seventy-two (6)2) square feet in sign area, nor exceed twentyfive (25) feet in height from nhe ground surface. 4.2 off-premLse Signs Prohibited in Certain Zones. Off -premise signs shall be prohibited in Agricultural (A), Residential 1 (R-1), Residential 2 (R-2), Residential 3 (R-3), Residential 4 (R-4), Residential 5 (R-5), Neighborhood Commercial (C-1), Central Business District (C-4), Industrial Park 1 (1-1), Civic A Institutional (C5L), Parke & Open Space (PW) and Airport (AP) Zones. 4.3 Off -premise Signe Permitted in Certain Zones. Off -premise signs shall only be permitted In Commercial Development (C-2), Commercial Service (C-3), industrial Park 2 (1-2), and General Industry (I-3) zones, and only in accordance with the regulations act forth in this Article. 4.4 Location of Off -premise Signa. Off -premise signs shall be located in accordance with the following requirements: 4.4.1 Setback. No portion of an off -premise sign shall be Located closer to the front lot line than is required by the minimi, setback in the applicable zone. 4.4.2 Frequency of Placemen. An off -premise sign shall be spaced not less than five hundred (500) feet from another such sign on the same side of the traveled way. Nor shall any off -premise sign be placed on a premise nor within two hundred fifty (250) feet from the nearest paint of apremise. 4.5 State and FedevaL Regulations. All off -premise signs shall comply with any and all State and Federal statutes and regulations regarding outdoor advertising, billboards and off-prealse signs. 4.6 Landscaping. Off -premise signshall be landscaped so as to screen from view, talltstructural members. Sec. 5 General Sign Regulations. All signs, whether on -premise, off -premise, 0r temporary, shell comply with the requirements set forth in this section. 5.1 No flashing nor rotating signs sltall be erected in the City of Bangor. 10 5.2 No sign, whether illum rated or not, shall project into the line of vision of a motorist of anofficial traffic signal at street of railroad intersection within one hundred fifty (150) feet of such signal from a moving Lane of traffic and no sign visible from the Street shall contain the word ^ganger" or "Stop" with the intent of simulating street traffic or Other official Signs. 5.3 every sign attached to the wall of any bufldiig above a side- walk, driveway or private Or public parking area, and every ground sign in such area, Nall be required [ maintain r clew of at leas[ ten (10) feet between the bottom of such sign and the ground Level. 5.4 No sign shall be at racked to any tree, fence or utility pole. 5.5 Any signwr hereafter existing which no longer advertises a bona fide business conducted, product sold, or activity o campaign being conducted, she1L be taken down and removed by the owner,agent Or person having control of the premises o Land upon which such sign is erected, within ten (LO) days after written notice from the Building Inspector stating that such sign most be taken down and removed. Npaa the failure to cake dow or remove such sign within ten (10) days after receipt of written notification, the Building Inspector may cause to be taken down and removed, such sign, and any expense incurred shall be paid by the owner, agent oreon having control of the premises Or land upon which suca sign was erected. 5.6 All signs and sign structures Nall be properly maintained and kept in a neat and proper state of maintenance and appearance. 5.7 Gooseneck and thin Line reflectors and lighting sha LL not be permitted on any sign. Sec. 6 Sig, Review Committee. There is hereby established a Sign Review Committee. When need In this Article, the term "Committee" shall n the Sign Review Committee herein established. 6.1 Appointment and Oualif kation. The Sign Review Committee shall consist of five (5) regular members and one (1) associate member appointed and qualified as follows; a. The City Council shalt appoint three (3) regular members to the Committee, so that at any one time the City Council appointees shall consist of an architect, a person extenel- vely involved In the graphic arta, and a member of the business community. The City Council shall also appoint a second architect to serve as the associate number. b. The Planning Board shall appoint one (1) of its members to serve as a regular member of the Committee. c. The Fine Arts Advisory Committee shall appoint ane (1) of its members to serve as a regular member of the Committee. 6.2 Term. The regular members appointed by the City Council shall serve staggered terma of three (3) years, one (1) member to be Lou Tally appointed for three (3) years, one (1) for two (2) years, and one (1) for e (1) year, and thereafter each member shall serve for three (3) years or until his successor has been appointed. The San ociate member appointed e by the City Cocoa it shall a term of two (2) years and shall serve thereafter until his success orhas been appointed. The regular members appointed by the Planning Board shall serve term of one (1) year and shall serve thereafter until a successor has been appointed. If such regular member ceases to s member of the Planning Board prior to the expirationof his term as a regular member of the Sign Review Committee, he Shall also cease to se amember of the Committee, and the Planning Board shall appoint one (1) Of its members to serve the remaining term. The regular member appointed by the Fine Arte Advisory Committee shall serve a term of one (1) year and shall serve thereafter until his successor has been appointed. If Such regular member ceases to serve as a regular member of the Fine Arts Advisory Committee pri r to the expiration of his term as a regular member of the Sign Review Committee, he shall also cease to s a member of the Sign Review Committee, and the pine Arts Advisory Committee shall appoint one (1) of its members to serve the remaining term. 6.3 The Associate Member. in the absence of a regular member, theassociate member shall a and vote in such regul member's place. when all regular members are present and voting, the associate member my participate in all discussions and deliberations, except that he shall not vote. 6.4 Chairman. The Committee shall annually select one (1) of its members to serve as chairman. 6.5 Public Proceeding. The City Manager shall designate a person to serve as clerk to the Committee She shall keep a detailed public record of all proceedings. Such record shall show the vote of each of the members of the Committee upon each question. 6.6 Quorum. The Committee abell not be legally core ticuted n competent to transact businessunlessa quo of its members are present and voting. tAquo um shall consist of five (5) members. 12 6.7 Conflict of interest. Any question of whether a particular issue Involves conflict of interest sufficient to disqualify a member from votingthereon, shall be decided by a majority vote of the remaining members. A tie vote in this instance shall disqualify the member from voting on Ilia particular issue. 6.8 Removal. A member may be removed from the Committee prior to the expiration of histerm, and anew ember appointed in his place, by the City Council, upon written charges presented to and after public hearing before, the City Council. 6.9 Ewers and Duties. a Administrative Appeals. The Committee shall hear and decide on matters where a written appeal alleges an error In any interpretation, order, requirement, decision r determination of the Code Enforcement officr, the enforcement of this Article. The action of the CodeEnforce- ment Officer may be modified or reversed ty the Committee only by a concurring vote of at least four (4) of all members present am voting. b. Special 8xcepti ons. The Committee abell Mar and decide requests for special exceptions as specifi- cally permitted by the provisions of this Article. Before the Sign Review Committee issues a special exception, it shall find that the proposed sign meets the standards and limitations set forth in the section specifically permitting a special exception and in addition, the Committee shall find :Mt; 1. the proposed sign does not cover, block or in any other way obstruct, any window. 2. the proposed sign isected and/or attached so that it is structurally awnde 3. the size of the proposed sign is not out of proportion with the adjacent buildings in the neighborhood. 4. the size of the proposed sign in proportional to the size of the structure and/or the lot upon which it is to be erected. 5. the size of the proposed sign and the symbols and letters contained thereon can be read by the viewing traffic, either pedestrian or motor vehicle. 6. the texture and material of the proper ed sign is in keeping with the texture and material of the structure to which such sign refers. y. the proposed sign will not interfere with a driver's view of all official signs, nor with a driver's view of approaching or merging traffic. B. the proposed sign is as dissimilar from traffic o information signs that the proposed sign cannot be confused with such traffic or information signs. An exception shall only be permitted upon the concurring vote Of at least four (4) of all members present and voting. c Variances. The Committee shall decide upon requests for variances from the terms of this Article. Varian shall be limited to variations in the dimensions and placement of signs. Before the Committee may permit a varianct, it msf 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. The burden of showing undue hardship is upon the applicant, and to overcame this burden, the applicant must show; 1. That the plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question, and not sue to the general conditions in the neighborhooy 2. That the alleged hardships and practical difficulties, or both, which will result free a failure to grant the variance, include substantially more than rare incon- venience or Lability to attain ahigher financial return, or bath. 3. That the sign to be authorized by the variance will net alter the essential character of the neighborhood. The Committee shall permit a variance only upon the concurring vote of at least four (4) of all members present and voting, and in so doing, may prescribe conditions and safeguards a are appropriate for carrying out the intent and purposes of this Article. 6.10 Further Appeals. Further appeals my be "ken from any action of the Committee within thirty (30) days after the decision is rendered, by any party, including the City Council, to the Superior Court from any order, relief or denial in accordance with Rule SOB, Maine Rules of Civil procedure. Sec. J Unsafe and Unlawful Signs, If the Building Inspector shall find that any sign or sign structure regulated herein is unsafe or ins a to the public, or has been constructed or erected or is being maintained in violation of the pr ovleions of this ordinance, he abell Y 14 give written notice to the permittee thereof. If the permittee fails t remove or alter the Structure SO SS to comply with the standards herein Set forth within ten (10) days after such notice, such sign or sign structure may be removed or altered to comply by the Building Inspector at the expense of the permittee or Owner of the property upon which it ma s located. The Building Inspector ye c any sign which is a imvadiate peril to persons or property to be removed summarily and without notice. 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 to so comply, or be completely removed from the premises, in accordance with the following schedule; Sidon Erected Prior to Shall Comply or be Removed b September 1, 1910 September 1, 1976 September 1, 1971 September 1, 19]] September 1, 1972 September 1, 1978 September 1, 1973 September 1, 1979 September 1, 1974 September 1, 1980 Sod. 9 Penalty. Any person who violates any provision of this ordinance or fails to comply with any of its requirements, shall upon conviction thereof be fined not me than $100, and, in addition, shall pay all coats m and expensesolved in the case. Each day such violation continues constitute$ a Separate Offense. Sec. 10 Separability. If any section, subsection, sentence, clause, phrase o portion of this ordinance is for any reason held invalid o unconstitutional eitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding sha1L not affect the validity of the remaining portions. �jQQFtf swb.l;ra,�e„ 263 A6 Cw1rLRR vl ARTICLE 3 - SIGNS Sec. 1 Definitions. For the purposes of interpreting this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. 1.1 Applicant. A person, firmass m lotion corporation for o by whom sign is proposed to be erected, requesting that a sign permit be issued. L.2 Arcade Sign. A business sign attached t0 the underside of the soffit or ceiling of an arcade or covered walkway. 1.3 Beck -up Sign. A sign structure upon which two (2) sign faces r acted parallel to each other and back to back, the spacebetween two (2) such faces not exceeding thirty (30) Inches. L.4 Building Inspector. The Zoning and Cade Enforcement Administration Officer for the City of Bangor, or his authorized agent. 1.5 Erect. To build, construct, alter, repair, replace, display relocate, attach, hang, place, suspend, affix o maintain any sign and shall also include the painting of exterior wall signs. 1.6 Flashing Sign. A sign, the illumination of which is not kept constant in intensity at all rimes when i a r including signs which a illuminated by or cintain flashing, intermittent, Or moving light or lights. Marinated signs which indicate the time, temperature, weather o other similar information shall not be considered flashing sfgtm provided the total surface area does notexceed sixty-six (66) square feet and the verticaldiscussions of any letter or number is not more than twenty-four (24) inches. 1.7 Ground Sign A free-standing, permanently lo: [ed sign structure and on -premise sign having one (1) face or two (2) parallel faces, supported by itself, by me (1) or more uprights, poles or braces In or upon the ground, or by a structure other than a building. 1.8 Illuminated Sign. A sign which has characters, letters, figures, designs or outlines illustrated by electric lighting or luminous tubes which are part of the sign, or illuminated by an internal light source. 1.9 Indirectly illuminated Sign. An illuminated, nn�flashlng sign whose illumination is derived entirely from an external source and is so arranged that no direct rays of light are projected from such source onto residential zones or public streets. 1.10 Name Plate Sign. Ann -M minted sign which States the name or s addre r both, of the occupant of the premises where the sign is Located. 1.11 Off -premise Sign. A sign which directs attention to a business, profession, product, service, assessment, entertainment, merchandise r goods, not conducted, sold o offered upon the premise or land where such sign is located. 1.12 on -premise Sign. A sign which directs attention to a business, profession, product, service, activity o entertainment caesold or offered upon the premise where such Sign is located. 1.13 premises. The looo r parcel or portion of the lot or parcel of land,used in the active conduct of a business, !vice, profession or activity, including but not limited to, structures, driveways, parking lots, storage areas, landscaping, and loading areas. 1.14 Projecting Sign. A Sign which is attached it a building wall and which extends more that. eighteen (18) inches from the surface of such wall. L.15 Rotating Sign. A Totaling sign shall man a sign which turns, roils or otherwise m r gives the appearance of turning, rolling or otherwise moving. 1.L6 Sign. Any name,symbol, trademark, identification, description, displayillustration or device which is affixed to or represented directly or indirectly upon a bu_lding, Structure or land in view of the general public, and which is intended to invite, draw o0 direct the attention of the public to any product, goods, merchandise, place, activity, aversemat, person, institution or business. 1.17 Sign Area. The entire area me within a single continuous periter vclosing the extreme limits of the actual Sign Surface, measured i Square feet. Such sign area does not include ny structural elements r nts outside the Limits at the Sign Surface which do not farm an integral part of the Sign. For projecting, temporary, ground, back-up or other parallel faced on -premise signs, only one (1) display face sba11 be included in computing cal sign area, where the sign faces are parallel and the faces carry identical messages. For back-up off -premise signs, only 3 e (1) display face shall be measured meeting red in cpeting total area. measuring uring the signof a off -premise sign, such sign area she Ll not include cut-ono called, or trim. 1.16 sign Structure. Any rigid o 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. 1.19 Temporary Sign. Any sign, banner, product, or valace not permanently affixed to the ground or a structure. 1.20 Wale. Any sign painted on or attached parallel to, the wall surface of a building and projecting therefrom not more than twelve (12) inches. Sec. 2 Permits. 2.1 Permit $eouired. No person, firm, association o orporation shall act any ort -premise, off -premise or temporary sign, as herein defined, without first obtaining a permit therefor from the Building Inspector, except for those signs exempted from the requirements of this Article in Section 25. 2.2 Application for Sign Permit. Application for a sign permit shall be made by and signed by the applicant in writing upon forms prescribed and provided by the Building Inspector, to the Building Inspector, and shall contain the following information; (a) Name, address and telephone number of the applicant' (b) Location of the premise or Land upoi which the sign is to be erected; (c) Pians to scale showing the area 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 acted, and the method of illumination. If any; (d) Cast of the sign; and (e) Such other information as the Building Inspector shall require to show full compliance with this Article and all other Law and Ordinances of the City of Bangor. 2.3 pee. An application to the Building Inspector for a sign permit shall be ace departed by a permit fee in accordance with the following schedule: 4 On -premise Sign $L] Temporary Sign 5 Off -premise Sign Structure 5) 2.4 Expiration. Any permit issued shall bee ame null and void if the work authorised thereby is act completed within six (6) months from the date of led named. 2.5 Exemptions. No sign permit shall be required for traffic and other state or municipal signs, legal notices, rail- oad crossing signs, danger and Such other temporary, emergency or non-advertLsing signs, intended for the protection Of the public; nor BM11 sign permits be required for signs expressly permitted in Residential, Agricultural, Civic A Institutional and Parks & Open Space Zones by Section 3.1 Of this Article, provided, however, that such Signa are not deemed unsafe or unlawful by Section ] of this Article: n shall sign permits berequired for customary holiday decorations. 2.6 Temporary Sign Permits Temporary signs shall only be permitted upon the issuance Of a temporary sign permit by the building Inspector, such permit expiring within thirty (30) days of its issuance. A temporary sign permit shall not be issued for a premise which has been rued such a permit within a ninety (90) day period preceding the application. No temporary sign permit shall issue if the area of the temporary sign plus the area of all existing signs on the premises exceed allowable sign area of the premise. 2.7 Issuance of Permit. IF the proposed sign is Permitted and is in compliance with all applicable requirements Of the LewS and Ordinances of the City of Ranges, the Building Inspector shall issue a permit for the erection of the proposed sign. Sec. 3 On -premise Signs. 2.1 On -premise Signs in Residential, Agricultural, Civic & Institutional and parks & Open Space Zones. In Residential L (R -L), Residential 2 (R-2), Residential 3 (R-3), Resi- dential 4 (R-4), Residential 5 (R-5), Agricultural (A), Civic & Institutional (C&I), and Parks & Open Space (FRO) Zona, on -premise signs shall be permitted under the fall wing conditions; 3.1.1 One illuminated nae plate sign identifying the must o occupant of a building or dwelling unit, provided the sign area does not exceed two (2) aquae feet. 3.1.2 One sign for each separate sheet frontage of a Lot and pertaining to the lease or sale of a structure and/or lend, provided It shall a exceed twelve (12) square feet i sign n and is nonil_uinated; is set back at least fifteen (15) feet from the street line; and is no more than fifteen (15) feet nor Less than two (2) feet above ground. 3.1.3 Real estate signs, for one (1) year or until thirty (30) days after occupancy of the project, whichever s less, advertising anew subdivision o apartment development upon the land where it Is placed, pro- vided such signs do notexceed ninety-six (96) square feet in sign area,enomore than fifteen (15) feet or 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 dedicated street entrance and set back to the required Suilding line; and is non -illuminated. 3.1.4 One non -Illuminated sign identifying at engineer, architect or contractor engaged in the cons truction of a building, provided such sign shall net exceed twelve (12) square feet insign is a than fifteen (15) feet nor less than two (2) feet above ground, and is wed within thirty (30) days following occupancy of the building. 3.1.5 One identification sign, not toexceed twenty-four (2A) square feet Ln sign a a for each building devoted to the following aschurch, school, hospital, Library Or other permitted community facility use. Such sign s bell be solely for the purpose of identifying the institution and its services or activities and may be illuminated. 3.1.6 Onen-premise sign for any permitted business use in a Residential, Agricultural, Civic 5 Institutional and Parks d Open Space Zone not toexceed twenty-four (24) square feet in sign a and maybe either non -illuminated or indirectly illuminated. 3.1.7 No name plate sign shall be erected within two (2) feet of the street line and no they sign described above shall be erected within ten (10) feet of any street Idea. 3.2 On -premise Signs in Commercial and Industrial Zones. every oft -premise sign erected in Neighborhood Commercial (C-1), Commercial Development (C-2), Commercial Service (C-3), Central Business District (C-4), industrial Park 1 (I-1), Industrial Park (1-2) and General Industry (1-3) Zones shall comply with the requirements Bet forth in this section. 3.2.1 General Requirements. Every on -premia=- sign erected in Commercial and industrial Zones shalt not exceed eed the numbers aid dimensions set Earth in the following table: Absolute Max. Max. Max. Total Max. No. Max. No. Max. Wall Sign Sign Sign Area Max. No. of of Sign Ext. Hr. BL Lot Bldg. of AL1 of Wall Ground Roof Above lot 2nd Base Base Zone Sims Ste— gin= Signs Parapet Flt. Flt. No. No. C-1 .SD sq ft 2 D 0 0 2}' 2' .5 1.0 C-2 300 sq ft 2 1 1 2}' 21' 2'i' .75 1.5 C-3 300 sq ft 2 1 1 2}' 2�' 2$' .75 1.5 C-4 No she max 1 1 0 0 2k' 2' .I5 1.5 I-1 300 sq ft 1 1 1 0 4' 4' .75 L.5 I-2 300 sq ft 1 1 l 0 4' 4' .I5 1.5 1-3 300 sq it 1 1 1 0 4' 4' .I5 1.5 3.2.2 Allowable Bign Area. To determine the total allowable sign a for a premise m riply tM building base umber by the comber 0f lineal feet of the aides of the Structure through which the public has a s to a public right of way o parking facility. If the Premiseo lass v structure, multiply the lot base number by tM number of lineal feet of premises frontage on public rights of way. If the number derived by multiplying the comber of lineal feet by the base number is less than the absolute me um total sign area of all signs specified for that uch number shall be thex me umber of square feet of total allowable sign area for the buLlcing. If the somber thereby derived is equal to or greater Lean the absolute maximum total sign area of all signs specified for thatzone, such absolute nomimum SMII be the maximum number of square feet of total allowable sign area for the building. 3.2.3 Ground Signs. In addition tothe preceding requirements of this section,a ground sign shall not exceed the following dimensions: Maximum Height of Maximum Thickness Maximum Length Zane Structure and Sign of Sign of Sign C-2 35' IV No maximum C-3 35' Lk' NO maximum C-4 4' L1.' 4' 1-1 10' lk, No maximum 1-2 10' 1§' No maximum I-3 10' 1k' No maximum (a).Crwnd Clearance. A ground sign shall either be flush with the ground or have a clearance above the ground of at least two (2) fee[. (b) placement. A ground sign shall be erected only in yards having a minimum building setback of tRirty (30) feet from the lot line directly fronting one public right of way or public parking a A ground sign abell r be placed so Leta[ then est edgeofits structure and sign is at Least five (5)feet from any public right of way, public parking area, adjoining property line and building structure. 3.2.4 Special Exceptions, A special axcepticn may be permitted by the Sign Review Comsittee to the maximum sign height requirements t forth in the table in Section 3.2.1 up to the height of five (5) feet, provided that such sign is Located in a C-2 Zone, is in an integrated shopping <nand is at least se[ back two hundred (200) feet from the public right of way. 3.3 0n -premise Signs in Airport Zones, In an Airport Zone on -premise signs s ha1L be permitted; and each such sign shall be appr wed in advance and in writing by the Airport Committee of the City Council before application for a sign permit may be made to the Building Inspector. No on -premise signs may be erected which, through illumination at night or glare during the day, creates ra Lazard for air - raft o vehicles. No sign shall project abovea parapet, u shall project more than [oon and e -half (2V) feet above the roof line. Signs shall note exceed two (2) in number per premisenor xeed a total sign area of three hundred (300) Square feet, and to wall sign shall exceed sign area of more ten n percent (10%) of the gross wall surface upon which it is placed. 3.4 On -premise Signs - Cenral Regulations, The following prohibitions and general regulations shall apply to on -premise signs, in all zones. 3.4.1 No on -premise sign sha1L be erected o va intained which w o extends r projects into any public way m than eighteen (18)inches, The Sigma Review lCommittee fmay permit special exceptions to the above limitations on projecting signs provided that any such projecting: sign is aime and temperature sign erected upon the exterior wall of structure for the convenience of the public, ex- tends -tends n re than a enty-two (72) inches into the public way, is indirectly illuminated, aid only contains the name of the premise upon which it is erected. 3.4.2 Ore arcade sign is permitted inintegrated shopping centers. The face of the signabill not exceed twelve (12)inches in height, to be crash ured at right angles to the soffit or ceiling, and such sign abell hot exceed eed four (4) feet in length and the sign meet be mounted right angles to the nearest face of the building. Such arcade signs shall be included in the oalculauion of allowable sign area. 3.4.3 in Commercial and Industrial Zones where a building i designed with a canopy projecting more than two (2) feet from the face of the building, one (t) on -premise sign may beerected upon the canopy, provided the sign does not exceed the ma sign height for that arms. and is included in the maximum of the all owablsign 3.4.4 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. 3.4.5 Any sign pained directly on the surface of any wall small be required to be painted at less every three (3) years and an on -premise 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 otherwise removed O reduced in sign area to conform to such signarea limitations. 3.4.6 In addition to signs permitted elsewhere in this ordinancea (1) sign, not toexceed two (2) square feet pesign, designating an entrance or exit to a parking Lot sba11 be allowed. 3.4.7 wherever each unit in a shopping center separate establielment, it shall be treated an a separate premise in determining the allowablesign dimensions and number of signs. Sec. 4 O££ -premise Signe 4.1 lingua ions. An off -premise sign shall not exceed ais hundred seventy-bwo (672) square feet i Sign area, nor exceed twenty-five (25) feet in height from the ground surface. 4.2 Off -premise Si gas Prohibited in Certain zona. Off -premise signs shall be prohibited in Agricultural (A), Residential 1 (R-1), Residential 2 (R-2), Residential 3 (R-3), Residential 4 iR4), Residential 5 (R-5), Neighborhood Commercial (C-1), Central Business District (C-4), Industrial Park 1 (I -L), Civic A Institutional (C&I), Parks & Open Space (PW) and Airport (AP) Zones. 4.3 Off -premise Signs Permitted in Certain Zones. Off -premise signs -lull only be permitted n Commercial Development (C-2), Commercial Service (C-3). Industrial park 2 (I-2), and Cenral Industry (I-3) Zones, and Only in accordance with the regulations set forth in this Article. 4.4 Location Of Off -premise Signa. Off -premise signs shall be located In accordance with the Poll wing requirements- 4:4i1 equi ements:4:4il Setback. No portion of an off -premise sign shall be Located Glaser to the front lac line than is required by the minimum setback in the applicable zone. 4:412 Frequency of Placement. An off -premise sign. abs ll be spaced not less than five hundred (500)'feet, it= another such sign on the same side of the traveled way. Noy shall any Off -premise sign be platen on a premise nor within two hundred fifty (250) feet from the nearest point of apremise. 4.5 State and Federal Regulations. All off -premise signs shall [amply with any and all State and Federal atatutes and regulations regarding Outdoor advertising, billboards and off -premise Signa. 4.6 Landscaping. Off -premise sign structures -ball be landscaped so as to screen from view, all structural members. Sec. 5 General Sign Regulations. All signs, whether on -premise, off -premise, Or temporary, shall cumply with the requirements set forth in this section, 5.1 No flashing nor rotating signs shall be erected In the City of Bangor. 5.2 No sign, whether illuminated or not, sha1L project into the line of vision of a motorist of anofficial traffic signal at street of railroad intersection within one hundred fifty (150) feet of such signal from a moving lane of traffic and no sign visible from the street shall contain the word "tinge[ or "Stop" with the intent of simulating street traffic or other official signs. 5.3 Every sign attached to the wall of any building above a side- walk, driveway or private or public parking area, and eery ground sign in such area,shall be required to maintain clearance of atleast ten (10) feet between the bottom of such sign and the ground level. 5.4 No sign shall be attached to any tree, fence or utility pole. 5.5 Any sign now r hereafter existing which no longer advertises a bona fide business conducted, product sold, or activity o campaign being conducted, shall be taken dawn and removed by the owner,agent or person having control of the premises o land upon which such sign is erected, within ten (10) days after Written notice fxfloorthe Building Inspector stating that such sign meet be taken duan and removed. Upon the failure to take downsuch sign within ten (10) days efts receipt of written notification, the Building inspectormay m cause to be taken down and removed, such sign, and anexpense incurred shall be paid by the owner, agent or person having control of the premises or land upon which such sign was erected. 5.6 All signs and sign structures shall be properly maintained and kept in a neat and proper state of maintenance and appearance. 5.7 Gooseneck and thin line reflectors and lighting shall not be permitted on any sign. Sec. 6 Sign Review Committee, There is hereby established a sign Review Committee. When used in this Article, the term ^Comittee" shall mean the Sign Review Committee herein established. 6.1 Appointment and Qualification. The Sign Review Committee shall consist of five (5) regular members and one (l) associate member appointed and qualified as follows: a. The City Council shall appoint three (3) regular members to the Committee, so that at any one time the City Council appointees shell consist of an architect. a person earnest - only involved in the graphic arts, and a member of the business community. The City Council shall also appoint a second architect to serve as the associate member. b. The Planning Bcard shall appoint one (1) of its members to serve as a regular member of the Committee. c. The Pine Arts Adele cry Committee shall appoint one (l) of its members to serve as a regular member of the Committee. 6.2 Term. The regular members appointed by the City Council shall serve staggered terms of three (3) yea one (1) member to be initially appointed for three (3) years, one (1) for two (2) years, and one (1) for e (1) year, and thereafter each member shall serve for three (3) years or until his successor has been appointed. Theassociate member appointed by the City Councile shall s tof two (2) years and shall serve thereafter until his successor has been appointed. The regular members appointed by the Planning Board shall serve a term re of one (1) year and shall serve thereafter until a successor Me been appointed. if such regular member ceases to se ember of the Planning Board prior to the expirationof his term as a regular member of the Sign Review Committee, he shall also cease to serve as amember of the Committee, and the Planning Board SM11 appointone (1) Of its members to serve the remaining term. The regular member appointed by the Pine Arts Advisory Committee shall serve a term of one (1) year and shall serve thereafter until his successor has been appointed. If such regular member ceases tserve as a regular member of the Pine Arts Advisory C committee the ® expiration of his term as a regular member of the Sign Review Committee, he shall alsosa to s member of the Sign Review Committee, and the Pine Arts Advisory Committee ahall appoint one (1) of its members to serve the remaining term. 6.3 The Associate Member. In the absence of a regular member, the associate member shall serve and vote in such regular ember's place. When all regular members are present and voting, the associate member my participate in all discos slow and deliberations, except that he shall not vote. 6.4 Chairman. The Committee shall annually select one (I) Of its members to serve as chairman. 6.5 Public Proceeding. The City Partner shall designate a person to serve aclerk to the Committee who shall keep a detailed public record of allproceedings. Such record shall show the vote of each of the members of the Committee upon each question. 6.6 Quorum. The Committee shall not be legally constituted nor competent to transact business unless a quorum of its membersare present and voting. A quorum shall consist of five (5) members. 12 6.7 Conflict of Interest. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon, shall be decided by a majority vote of the remaining members. A tie vote in this instance shall disqualify the member from voting on the particular issue. 6.8 Removal. A member may beved from the Committee prior to the expiration of hissterm, and anew ember appointed in his place, by the City Council, upon written charges presented to and after public hearing before, the City Council. 6.9 Powers and Duties. a Administrative Appeals. The Committee shall hear and decide an matters where a written appeal allegesso eany interpretation, order, requirement, decision or determination of the Cade Enforcement Officer, , In the enforcement of this Article. The action of the Code Enforce- ment Officer my be modified or reversed by the Committee only by a concurring vote of at leastfour (4) of all members present am voting. b. Special Exceptions. The Committee shall hear and decide requests for special exceptions as specifi- cally permitted by the provisions of this Article. Before the Sign Review Committee issues a special exception, it shall find that the proposed sign meets the standards and limitations set forth in the section specifically permitting a special exception and in addition, the Committee shall find that: 1. the proposed sign does not cover, block or in any other way obstruct, any window. 2. the proposed sign is erected and/or attached so that it is structurally sound. 4. the size of the proposed sign is act cut of proportion with the adjacent buildings In the neighborhood. 4. the size of the proposed sign is proportional to the size of the structure find/or the lot upon which it is to be erected. 5. the size of the proposed sign and the symbols and letters contained thereon can be read by the viewing traffic, either pedestrian or motor vehicle. 6. the texture and material of the proposed sign is In keeping vith the texture and material of the structure to which such sign refers. 13 ]. the proposed sign will not interfere with a driver's view of all official signs, nor with a driver's view of approaching or merging traffic. B. the proposed sign is so dissimilar from traffic o information signs that the proposed sign cannot be confused with such traffic or information signs. Anaception shall only be permitted upon the concurring vote of at least four (4) of all members present and voting. c Variances. The Committee shall decide upon requests for variances from the terms of this Article. Variances shall be limited to variations in the dimensions and placement of signs. Before the Committee may permit a variance, it ma t find that a relaxation of the terms of this Article would notsubstantially depart from the intent and purposeof this Article and that literal enforcement of this Article would e result in undue hardship. The burden of showing undue hardship is upon the applicant, and to overcome this burden, the applicant meet show: 1. That the plight of the applicant is due to unique r,ma Carves arising out of conditions peculiar to the property in question, and not doe to the general conditions in the neighborhood: 2 That the alleged hardships and practical difficulties, r both, which will result free a failure to grant the variance, include substantially more than care incon- enience or inability to attain ahigier financial return, or both. 3. That the sign to be authorized by the variance will not alter the essential character of the neighborhood. The Committee shall permit a variance only upon the concurring vote of at least four (4) of all members Dresent and voting, and in so doing, may prescribe conditions and safeguards as are appropriate for carrying out the intent and purposes of this Article. 6.10 Further Appeals. Further appeals my be taken from any action of the Committee within thirty (30i days after the decision is tendered, by any party, including the City Council, to the Superior Court from any order, relief or denial in accordance with Rule BOB, Maine Rules of Civil Procedure. Sec. ] Bnaafe and Cnlawful Signa. If the Building Inspector shall find that any sign or sign structure regu-aced herein is unsafe or insecure, or is a menace to the public, or tae been constructed o erected or is being maintained in violation of the provisions of this ordinance, shell 14 give we itten notice to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten (10) days after such notice, such sign a sign structure may be removed o altered t comply by the Building inspector at the expense of the permittee o of the property upon which it is located. The building Inspector may chose any sign which is a immediate peril to persons or property to beremoved summarily and without notice. Sec. 8 Removal of Nen-conforming Sign. Every sign that does not cofor% with all the requirements and conditions of this Article shall be altered to so comply, or be completely removed from the premises, in accordance with the following schedule: Signs Erected Prior to Shall Comely or be Removed b September 1, 1970 September 1, 1976 September 1, 1971 September 1, L977 September 1, 1972 September 1, 1978 September 1, 1973 September 1, 1979 September 1, 1974 September 1, 1980 Sec. 9 Penalty. Any person who violates any provision of this ordinance or fails to empty with any of its requirements, shall upon thereof be fined not m than $100, and, addition, shall pay all[ ecosts and expenses involved in the c Each day such violation continues constitutes a separate offense. Sec. 10 Separability. If any section, subsection, sentence, clause, phrase o portion of this ordinance is for any reason held invalid o unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent precision and such holding shall not affect the validity of the remaining portions. LOGLT'ON OF OPP PREMISE 91GN� BLDG. I 250' BLD G. k--__.._ 250' _ J EXISTING ON-D0.EHISE Blf/J BLDG. EDGE OF DEVE:OPED LAND. INGLUDI V G PARKING SUILDINGB OFF -PREMISE SIGNS RELATIONSHIP TO D V_EWPED LAND & O.1 -PREMISE alGNS NOT TO JGALE DATE SUBJECT __. SHEET NO Oc__... Iry DB%D. By DATE .. __. JOB NO. LOGLT'ON OF OPP PREMISE 91GN� BLDG. I 250' BLD G. k--__.._ 250' _ J EXISTING ON-D0.EHISE Blf/J BLDG. EDGE OF DEVE:OPED LAND. INGLUDI V G PARKING SUILDINGB OFF -PREMISE SIGNS RELATIONSHIP TO D V_EWPED LAND & O.1 -PREMISE alGNS NOT TO JGALE by DATE SUBJECT _ SHTET ED 0v CHAD. By DATE JOB NO. Elan 25O' 250' L2�50' n I n ��p � Mlu. SOOT n n I �MIN__250 `I n I BLOCKS INDICATE DEVELOPED LAND SPACING BETWEEN OAF -PREMISE SIGKS NOT TO SCALE ,BY DATE 515JECT SIKET NO OF CHAD By DATE JIB NO, SIGN AREA F] PLAN VIEW NOT TO SCALE TYPICAL _EXAMPLE OF OFF-PREM1SL SIGN LOCATIQN AREAS � 24' STANDARD BILLBOARD STANDARD BULLETIN SCALE Vg" v I�-G�' BASIC DIFEFHlEIJCES EXISTING ORDMNOE REVISED ORDINANCE ZONES ZONES LB (Local Business)) C' a. 3 signs permitted a. 2 wall signs permitted b. 3 square feet per linear foot to 1 square foot per linear foot of building frontage building foontege c 200 square feet total of all aigna c. 90 square feet total of all. vigna (300 square feet corner lot) d. Sign Het ht - 30 inches d. 4 foot extension above roof permitted a. Ground sign for drive-in type e. No roof or ground signs permitted establishment 05 ft. height) C2 a. 4 signs permitted: 2 wall, 1 ground, & 1 roof b. 1.5 square feet per linear foot Wilding frontage c. 30D square feet total of all signs do sign height - 30 inches e. 1 projecting roof sign permitted f. ground sign height - 35 feet g. Off -precise signs permitted C3 same ad c2 GB General Easiness 04 a. 4 signs permitted a. 2 signs permitted: 1 wall & 1 ground b. 4 square feet per linear foot of to 1.5 square feet per linear foot of building or lot frontage, which- building frontage (1st floor) everis greater 1.0 square feet per linear foot of 0. 900square foot m of all signs Wilding frontage (2nd floor) d. Oa -premise roof signpermitted- c. 300 squs-e feet m of all signs 6 feet high d. Sign height: 30 inches (let floor) e. On -premise ground sign permitted 24 inches (2nd floor) 50 feet high, 150 square feet a. Ground sign height - 4 feet f. Off -premise (billboards) signa f. No off -premise signs permitted Permitted (ground, wall, & roof sigw) IP Industrial Park I1,_12 Same regulations as business signs except: a. No off -premise signs permitted a. 3 signs permitted: 1 wall, 1 ground, b. 300 square feet sign at entrance 1 roof to Industrial Park b. 1.5 square feet per linear foot of c. No -Off premise signs permitted building frontage 300 square feet for all signs dMaximum . Height of sign - 4 feet a. Ground sign - 10 feet high f. Roof sign - 4 feet high g. NO off-p_emiee signs permitted SI (standard Industry) Same as IP, except: a. Off -premise signs permitted Airport A. Maximo on -premise sign - 400 square feet _P_ 13 game as I1. 12 Airport e. Maximum on -premise sign - 300 square feet NOM: Me word sign refers to an on -premise sign unless specified otherwise. '`( Lfi Erect. To build, construct, alter, repair, replace, display, relocate, attach, hang, place, suspend, affix o maintain any sign and shall also include the painting of exterior wall signs.. 1.7 Flashing Sign. A sign, the illumination of which is not kept assistant in intensity at all times when i Be r including signs which are illuminated by o n flae ing ur intermittent, or movinglight or lights. illuminated slgs Which indicate the time, temperature, weather or other similar information shall not be considered flashing signs proviied the total surface area e does notexceed sixty-six (66) square feet and the vertical dimensions of any letter or number is not more than twenty-four (24) inches. 1.8 Ground Sign. A free-standing, permarontly located signing one (1) or two (2) parallel faces,supported by itself, one (1) or more uprights, pales or braces, in or upon the ground or by a structure other than a building. 1.9 Illuminated Sign. A sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes as part of the sign. 1.10 indirectly illuminated Sign. An illuminated, non -flashing sign whose illumination is derived entirely from an external artificial source and i arranged that no direct rays of light are projected from such artificial source into residential sones at public streets. L11 Name Plate Sign. A Sign which states the meor address or both of the occupant of the lot where -hesign is located. 1.12 Projecting Sign. A sign which is attached to the building wall and which extends more than eighteen (18) inches from the face of such wall. 1.0 Rotating Sign. A rotating sign shall mean a sign which i located within one hundred (100) feet of an adjacent sideline of any public right-of-way and turns, mLLe or otherwise moves more than six (6) times per minute. 1.14 Sip . Any name, identification, description, display, illustration r device which is affixed to or represented directly o indirectly upon a building, structure or land in view of the general public, and which directs attention to a product, place, activity, person, institution or business. A sign shall include writing, representation or other figure of afaller character within a building only when illuminated and located in a window. 1.15 Surface Area of Sign. The entire area within a single c ntivous perlme ter enclosing the extreme limits Of the actual sign surface, measured in square feet. It does not include any structural elements outside the Limits of Such Sign and not forming an integral part of the display. For projecting or double -face signs, only one display face Shall be measured in computing total surface area where the sign faces are parallel or where the interior angle formed by the faces is 90° or leas. 1.16 Temporary Sign. Any sign, banner, pennant, volute, advertising display or sign not permanently affixed to the ground or a Structure, intended to be displayed for a limited period of time. Ll] Wall Sign. Any sign painted on or attached parallel to the wall facing of a building and projecting not more than twelve (12) inches. Sec. 2 Permits. 2.1 Permit Required. No person, firm,iation or Corporation shall erect any signincluding a temporary sign, as herein defined without first obtaining a permit therefor from the building inspector, except for these signs exempted from the requirements of this Article in Section 2.5. 2.2 Application for Sign Permit. Application for a sign permit shell be made by and signed by the applicant in writing upon forme prescribed and provided by the Building Inspector, to the Building Inspector, and shall contain the following information: (a) Name, address and telephone number of the applicant; (b) Location of the building, structure or land to which or upon which the sign is to be erected; (c) Plans to scale showing the area of sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure at lot to which or upon which the sign Is to be erected; and the method ofillusion tion, if any; (d) Coat of the sign; and (e) Such other information as the Building Inspector Shull require to show full compliance with this Article and all other caws and ordinances of the City. 2.3 Fee. An application to the Building Inspector for a sign permit, including an application for a temporary sign permit, shall be accompanied by a permit fee of $10.00. 2.4 Expiration. Any permit issued shall become null and void if the work authorized thereby is not completed within one (1) year from the date of issuance. 2.5 Ex¢mPriuns. NO sign permit shall be required for traffic and Other municipal signs, legal notices, railroad cr toeing signs, danger and such other temporary, emergency o onadvertising signs, as may be approved by the City Council rshall sign permits be required for signs expressly permitted in Residential, Agricultural, Civic d Institutional and Parks 6 Open Space Zones by Section 3 of this Article, provided, however, that such signs are not deemed unsafe or unlawful by Section 11 of this Article} nor shall sign permits be required for customary holiday decorations. 2.6 :Temporary Signs. Temporary signs shall only be permitted upon the issuance of a temporary sign permit by the Building Inspector, such a permit expiring within thirty (30) days of its issuance. A temporary sign permit shall not be Issued to a business which has been issued such a permit for the same premises within a nicety (90) day period preceding the application. 2.7 issuance of Permit. If the proposed sign is permitted and is in compliance with all applicable requirements of the laws add Ordinancesof the City, the Building Inspector shall issue a permit for the erection of the proposed sign. Sec. 3 Signe In Ree Ldevtia L, Agricultural, Civic S Institutional and Parke A Open Space Zones. In Residential 1 (R-1), Residential 2 (R-2), Resfdeatial 3 (R-3), Residential 4 (R-4), Residential 5 (R-5), Agricultural (A), Civic A Institutional (CM) and Parks S Open Space (P&O) Zonae, signs shall be permitted under the following conditions: 3.1 One name plate sign identifying the owner oroccupant of a building or dwelling unit, provided the surface area does not exceed two (2) square feet. 3.2 Me sign for each separate street t frontage of a lot add pertaining to the Lease O sale of a building or property, provided it shalt son exceed twelve (12) square feet in surface area and is non -illuminated; is set back at least fifteen (15) feet from the street line; and is no mom than fifteen (15) feet nor less than two (2) feet above ground. 3.3 Temporary signs, for one year or until thirty (30) days after occupancy of project, advertising asubdivision or apart- ment development upon the land on which placed, provided such signs do not exceed ninety -Six (96) square feet in surface e than fifteen (I5) feet act leas than two (2) feet abovenground, advertise only the development in which located; only one to be erected at eacl dedicated street entrance and set back to required building line; and is non-ilLmina bed. 3.4 One n n-ilLminated sign identifying as engineer, engineer, architect o contractor engaged in the construction of a building, provided such sign shall n exceed twelve (12) square feet in surface is n e than fifteen (15) fee[ nor less than two (2) feet above ground and is removed within thirty (30) days fallowing occupancy of the building. 3.5 One identification sign, not to exceed twenty-four (24) square feet in surface area for each building devoted to the following usesi church, school, hospital, library or ocher Permitted community facility use, Sign sign shall be solely for the purpose of identifying the iastltuti on and its services or activities and may be illuminated. 3.6 A business sign for any permitted buainess use 1n a Residential, Agricultural, Civic & Institutional and Parka d, Open Space zone not to exceed [ my-fonr (24) square feet i and my b either non-illu Raced or indirectly illuminated. 3.7 No name plate sign shall be erected within two (2) feet of the street line and n other sign described above shall be erected within ten (10) fee[ of any street line. 3.8 Advertising signs, flashing signs or rotating signs shall not be permitted to be erected In Residential. Agricultural, Civic & Institutional and Parks & Open Space zones. Sec. 4 Signs 1n Commercial & Industrial Zones. Every sign erected in Neighborhood Commercial (C-1), Commercial Development (C-2), Commercial Service (C-3), Central Business District (C-4). industrial Park 1 (1-1), industrial Park 2 (1-2) and General industry (IJ) zones shall comply with the require- ments sec forth in this section. 4.1 General Requirements. Every sign erected in Commercial and Industrial z shall natexceed me maximum numbers and dimensions act fotth in the following table: ABSOLUTE MAX. TOTAL MAX. WALL NAA. MAX. SURFACE AREA MAX. NO. OF MAX. NO. OF MAX. NO. OF SIGN EXTENSION SIGN Hf. SIGN HT. MAX. BASE ZONE OF ALL S INNS WALL SIGNS GROUND SIGNS ROOF SIGNS ABOVE PARAPET FIRST FL. 2ND FL. LETTER Mf. NUMBER C-1 90 sq.ft. 2 0 0 0 2}' 2' 1G" 1.0 C-2 300 sq.ft. 2 1 1 2$' 2}' 2y' 30" 1.5 C-3 300 sq.ft. 2 1 1 25k' 2}' 2y' 30" 1.5 C-4 No ebe. Fax. 1 1 0 0 2V 2' 1E" 1.5 1-1 300 sq.ft. 1 1 1 0 4' 4' 4' 1.5 1-2 300 sq.ft. 1 1 1 0 4' 4' 4' 1.5 1-3 300 sq.ft. 1 1 1 0 4' 4' 4' 1.5 4.2 Sign Area. To determine the total allowable sign area fox a building, multiply the base number by the number of lineal feet of frontage of the building through which the public has a a public right of way o a public parking facility.access the number thereby derived is leas than the absolute maximum total surface e of all signs specified for that z such number shall bethe ma number of square feet of total allowable sign area for the building. If the number thereby derived i equal to or greater than the absolute maximum total surface area of all signs specified for that zone,uch absolute maximum shalt be the maximum number of square feet of total allowable sign area for the building. 4.3 Ground Sfgns. In addition to the preceding requirements of this section, a ground sign shall not exceed the following dimensions: Maximum Maximum Maximum Zane Height Thickness Length C-2 35' 1}' No Max boom C-3 35' 1}' No Maximum C-4 4' l}' 4' I-1 10' L}' No Maximum I-2 10' 1�' No Maximum I-3 10' 1}' No Maximum 4.3.1 Gr ouod Clearance. A ground sign shall either be flush with the ground or have a clearance above the ground of at Least two (2) feet. 4.3.2 Area. If the parallel faces of a ground sign are Identical, the total surface area of the ground e Igo shall be the area of on such face.If the parallel facesnot identical, the total surface area of the ground sign shall be the combined area of both faces. 4.3.3 placement. A ground sign shall beerected only in yards having a minimum building setback of thirty (30) feet from the lot line directly fronting me public right of way or public parking area. A ground sign shall be placed so that its nearest edge is at least five (5) feet from any public right of way, public parking area, adjoining property line and building structure. Sec. 5 Signa In Airport Zone. In an Airport Zone signs shall be permitted under the following conditions: 5.1 Business signs Identifying the name, business and products of the person osa r firm occupying the premises shall be permitted; and each installation must be approved in advance and in writing by the lessor before its installation. No signs may beerected which, through illumination at night or glare during the day, creates a hazard for aircraft orvehicles. No sign shall project above a parapet or five (5) feet above the roof line. Signs shelf not exceed two (2) in comber per parcel nor exceed a combiQed total area excessIn of three hundredt (300) aquae fee except the t no c s ten shall exceed i re than10% of the gross wall surface on which itis placed. 5.2 No billboards or advertising signs shall be permitted In an Airport Zone. Sec. 6 General Sign Regulations. The following prohibitions and general regulations shall apply to signs in all zones. 6.l No sign, whether illuminated or not, shall project into the line of vision of a motorist of a official traffic signal at a street of railroad intersection within one hundred fifty (150) feet of such signal from a moving lane of traffic and no sign visible from the street shall contain the ward "Danger" or "Stop" with the intent of aimuLeting street traffic or other official signs. 6.2 No sign shall be erected or maintained which extends over or projects into any public way more than eighteen (18) inches, rept the time and temperature signs erected upon the exterior wall of any building for the convenience of the public y project seventy-two O2) Inches Into the public way, provided they meet the requirements of Section 1.7 and that only the news and advertising of the own shall be permitted, and that they be maintained to keep only time and temperature and that they are approved by the Board of Appeals; and eery sign attached to the wall of any building above a sidewalk, driveway r parking a and every ground sign in such a Shull be required to maintain aclearance of at least ten (L) feet between the bottom of Such sign and the ground level. 6.3 One arcade sign is permitted in 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 orceiling, and such sign shall act exceed four (4) feet in length and the sign muni be mounted at right angles to the nearest face of the building. 5.4 In commercial and Induatrial zones whe_e a building is designed with a canopy projecting more than two (z) feet from the face of the building, mm (1) canopy sign per business nay be erected n the leading edge of thecanopy, provided the sign does not exceed six (6) feet in height, " is included in the total allowable sign area. 6.5 No well sign shall be attached to, or obstruct any window, door stairway or other opening intended for ingress or egress or for needed ventilation and light. 6.6 No sign shall be attached to any tree, fence or utility pole. 6.7 Any sign now r hereafter existing which no Longer advertises a bona fide bum inem conducted, product sold, oractivity or campaign being conducted, shall be taken down and removed by the agent, or person having the beneficial use of the building, structure or lot upon which such sign my be found within ten (10) days after written notification from the Building Inapector and, upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause oval of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached. 6.8 Any sign painted directly to the surface of any wall she 11 be required to be painted at least every three (3) years and a sign permit shall be required for such repainting and if the repainted sign should result in exceeding the total surface sign area allowable in the respective business or industrial zone for such business sign, said sign shall be painted out or otherwise removed or reduced in surface area to conform to such Limitations. 6.9 All signs and sign atshall be properly maintained and kept in a neat and proper state of an lntembace and appearance. 6.10 Gooseneck and thin line reflectors and lighting shall be permitted aindirectly illuminated signs provided such reflectors and lights o not extend more than afx (6) feet beyond the sign structure to which attached and such illumination is directed upon the face of the sign to reduce possibility of direct light rays shining into adjoining property or the public way. 6.11 Except in Commercial and Industrial Zones, no advertising sign shall be permitted to beerected or maintained within six hundred sixty (660) feet of the right of way line of any Interstate Highway if such sign would be visible from the main -traveled any of such Interstate Highway and where permitted on structure can be erected within one thousand (LOBO) feet of ancther structure on the same 10 aide of the highway. All signs shall be subject t0 the State of Maine Statutes governing placement of signs adjacent to the National System of Interstate and Defense Highways. 6.12 In addition to signs permitted elsewhere in this ordinance e (1) sign, not to exceed two (2) square feet per sign, designating an entrance or exit to a parking lot shall be allowed. 6.13 whatever each unit in a shopping center is a separate establishment, it shall be treated as such in determining the allowable frontage and number of signs. Sec. ) Special Exceptions. Ivaordaprowrwith the prof Section 8, the Sign Review Cr®{ntee my permit exceptions o the dimensional requirements of this Article, t0 the extent provided for by this Section. 7.1 Height. Exception to the maximum sign height and maximum letter height in Commercial and Industrial Serve t forth by Section 4.2, may be permitted if the proposed sign is circular or square in shape and has a surface area of Sees than one third (1/3) of the total allowable sign area for the building. If such exception is granted, the total al Lowable sign area remaining for the surface area for other signs eba1L be computed by ecbetracting from the total allowable sign area, three (3) time the surface area of such excepted signs. Example: In a C-4 gone, a building having a total allowable sign a of 300squame fee[ proposes a equate sign within a urface a re of ninety (90) Square feet. Hence, the a available for other signs is 300-270 - 30 square feet. Exception to the maximum letter height any be permitted only if exception is permitted to the mauximur, sign height and only if the letters remain within the perimeter of the Sign so excepted. Sec. 8 Sign Review Committee. There is hereby ee[atlished a Sign Review Committee. When exec in this Article, th"Intestines"me term "Intestines" shall an the Sign Review Committee herein established. 8.1 Appointment and Qualification. The Sign Review Lamented shall odic[ of five (5) regular members and one (1) associate member appointed and qualified as follows: 11 a. The City Council shall appofat three (3) regular members to the Committee, so that at any one time the City Council appointees shell consist of a architect, a person extensively involved in the graphic arts, and a businessmen. The City Council shall also appoint aee cond architect to serve as the associate member. Ig. The Planning Board shall appoint one (1) of its members to serve as a regular member of the Committee. C. The Pine Arte Advisory Committee shall appoint one (1) of its members to serve as a regular member of the Committee. 8.2 Term. The regular members appointed by the City Council shall serve staggered terms of three (3) years, one e (1) member to be initially appointed for three (3) yea e(1) for two (2) years,and one (1) for ne (1) year,and thereafter each member shall serve fox three (3) years or until his scessor has been appointed. The associate member appointed by the CSry Council shall serve a term of two (2) years and sha1L serve thereafter until his successor has been appointed. The regular members appointed by the Planning Board shall serve a term of one (1) year and shall serve thereafter until a successor has been appointed. If such regular member ceases to serve an a member of the Planning Board prior to the expiration ofhista m as a regular member of the Sign Review Committee, he shall also cease to serve amember of the Committee, and the Planning Board shall appointone (L) of its members to serve the remaining term. The regular member appointed by the Fine Arts Advisory Committee shall serve a term of one (L) year and shall serve thereafter until his successor has been appointed. if such regular memberceases to serve as a regular member of the Fine Arts Advisory Committeeprior to theexpiration of his term as aregular member of the Sign Review Committee, he shall also cease to serve member of the Riga Review Committee, and the Pine Arte Advisory Committee shall appoint one of its members to serve the remaining term. 8.3 The Associate Member. In the absence of a regular member, the Associate member sha1L s and vote in such regular member's place. Men all regular members are e present and voting, the associate member my participate in all discos Bions and deliberations, except that he shall not vote. 12 8.4 Chairman. The Committee shall annually select one (1) of its members to serve as Chairman. 8.5 Public Proceedings. The City Manager shall designate a person to serve as clerk to the Committee who shall keep a detailed public r record of all proceedings. Such record shall show the vote of each of the members of the Committee upon each question. 8.6 Quorum. The Committee shall not be legally coca tltuted nor competent to transact business unless a quoren of its members are present and voting. A quorum shall consist of five (5) capture. 8.1 Conflict of Interest. Any question of whether a particular issue wolves 8aonflict of interest sufficient to dls qualify a member from votingthereon, shall be decided by a majority vote of the remaining members. A tie vote in this instance shall disqualify the member from voting on the particular issue. 8.8 Removal. A member may be removed free the Committee prior to the expiration of his term, and a new member appointed in his place, by the City Council, upon written chargee presented to and after public hearing before, the City Council. a. Administrative Appeals. The Committee shall hear and decide on matters where a written appeal allegesaerror in any interpretation, order, requirement, decision ordetermination of the Cade Enforcement Officer, in the enforcement of this Article. The action of the Code Enforcement Officer may be modified a sed by the Committee only by a concurring vote of at least J/6 of all members present and voting b. Special Exceptions. The Committee shall hear and decide requests for special axception as specifically permitted by the provisionsof this Article. Indeed the Sign Review Committee issues special exception, it Shall find that the proposed sign meta the standards and limitations set Earth in the section specifically permitting special exception and in addition, the Committee shall find Chat: 1. the proposed Sign is erected and/or attached so that it is Structurally sound. 2, the sive of the proposed sign is not out of propprtion with the adjacent buildings in the neighborhood. 3. the size of the proposed sign is proportional to the size of the structure and/or the Lot upon which it is to be erected. 4, the size of the proposed sign and the symbols and letters contained thereon can be read by the viewing traffic, either pedestrian or motor vehicle. 5. the texture and material of the proposed sign is in keeping with the texture and material of the structure to which such sign refers. 6, the propceed sign will not interfere with a drive view of all official signs with a driver's view of approaching or merging traffic. L the proposed sign 1s so dissimilar from traffic or information signs that the proposed sign be confused with such traffic or information signs. An exception shall only be permitted upon the c ruing vote of at least 3/4 of all members present and voting. cvariances. The Committee shall decide upon requests for variances from the textus of this Article. variances shall be limited to variations In the dimension and placement of signs. Before the Committee may permit a variance, It most 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. The burden of showing undue hardship is upon the applicant, and to Overcome this burden, the applicant most shoo: 1. That the plight of the applicant is due to unique circumstances arising out of condition peculiar to the property in question, and not due to the general conditions in the aeighborhoml; 2. That the alleged hardships and practical difficulties, or both, which will result from a failure to grant the variance, include substantially more than mere incon- venience or Inability to attain a nigher financial return, or both; 3. That the sign to be authorized by the variance will not alter the essential character of the neighborhood. 14 The Committee shall permit a variance Only upon the con- curring vote of at least 3/4 of all members present and voting, and in so doing, may prescribe conditions and safeguards as are appropriate for carrying out the intent and purposes of this Article. 8.10 Further Appeals. Further appeals may be taken from any action of the Committee within thirty (30) days after the decision is rendered, by any party, including the City Council, to the Superior Court from any order, relief or denial in accordance with Rule BOB, Maine Rules of Civil Procedure. Sec. 9 Prohibited Sieve. ALL flashing signs and rotating signs as defined by Section 1 are prohibited in all zones. Sec. 10 Removal of a Non -Conforming Sign. Every sign that does not conform with all the requirements and conditions of this Article shall be altered to so comply, or be com- pletely removed from the premises, i accordance with the following schedule: Siena Erected prior to Shall Comply or be Removed By September L, 1970 September 1, 1976 September 1, 1971 September 1, 1977 September 1, 1972 September 1, 1978 September 1, 1973 September 1, 1979 September 1, 1974 September 1, 1980 Sec. 11 Unsafe and Unlawful Signe. If the Building Inspector shall find that day sign or sign structure regulated therein is unsafe or insecure, r to a to the public, or has been ns tructed or erected or is being maintained in violation of the provisions of this Ordinance, he shall give written notice to the permittee thereof. If the Permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten (lo) days after such notice, such sign or sign structure may be Ommoved or altered tocomply by the Building Inspector at the expenseof the permittee o of the property upon Which it is located. The Building Inspector may cause any sign which is rediate peril to persons r property to be removed sorily and wi®®a thout notice. Sec. 12 Penalty. Any person whoviolates any prom w of this Ordi fails to comply with any of its requirements, shall upon conviction thereof be fined n e than $L00. and, in addition, shall pay all costs and expenses involved in theaEach day such violation continues, constitutes a separate offense. This Ordinance shall become effective upon adaption by the City Council. LS Sec. 13 Separability, if any section, subsection, sentence, claue phrase or parties, of this ordinance is foe any urn held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining pottiness.