HomeMy WebLinkAbout1974-08-12 255 AB ORDINANCE255 AB
Introduced by Ccuncilor,Mooneyy August 12, 1974
CITY OF BANGOR
(TITLE.) MrMUMWt, Amending Chapter V1, Article 3 Sign ordinance
Be it ordaiw.d by Wee City Coanzii of Wee city of Bangor, as follnas:
THAT Chapter VI, Article 3 of the Laws and Ordinances of the city of
Sanger is hereby amended by deleting Article 3 in its entirety and
replacing it with the following:
cH4PTER VI
AETICLE 3 - SIGNS
Sec. L Seflnlcions. For the purposes of interpreting this Article,
the following teams, phrases, words and their
derivatives shall have the meaning given herein.
1.1 Advertising Sign. A sign which directs attention to a
business, profess ion, product, service,
activity or
entertainment not necessarily conducted,, sold
or offered upon the premises where such sign is loreted.
/ 1.2 Applicant. q person, whom,a sign is association o ed to
for [ by wham asign a proposed to be
erected, requesting theca 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.
L.4 Building Inspector. The Zoning and Code Enforcement Admini-
stration Officer for the City of Bangor,
or his authorized agents.
V 1.5 Business Sign. A sign which directs attention in e
business, profession, product, service,
r
activity o entertainment sold or offered upon the promises
where such sign is located.
02mattee M
ftressed Ordinaries.
255 AN
IN CITY COUNCIL
ORDINANCE
August 12, 1974
-(;EIV ED
Revolved 1st S 2nd readings,
R��
-
amended to read asattached
( TI71E,) enamor cnaocer vx Article x -
8: pS
copy, referred to Code and
1X71
AUS -9 W
Ordinance Review Committee,
Sian Ciainanc
OrFICE
consider 'art meeting.
CIlY
CLEPN'S
`
FOY
Of PeNGOR. MUNE
w4
TY CI.Il%
Intro3sei aei fund tv
IN CITY COUNCIL
August 26, 1974
Amended by substitution, and further
.�
amended in 5th line, page 2 of the
substitution by deleting the word
"busineeaman' and substituting
This < tlbuy,'0 IS correctly engrossed
therefor "member of the business
/"
community". As amended, Passed.
CI LERK
02mattee M
ftressed Ordinaries.
1.6 Erect. To build, c atter, repair, replace, display,
relocate, a tach,,che", 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 wh men is not kept
constant in intensity at all times when in use,
t
vclud ing signs which are illuminated by at contain flashing,
intermittent, or moving light or lights. Illuminated signs
which indicate the time, temperature, weather or other similar
information shall not be considered flashing signs provided the
total surface a a does notexceed sixty-six (66) square feet
and the v rtical dimensions ofanyletter or comber is not more
than twenty-four (24) inches.
1.8 Ground Sign. A free-atanding, permanently located sign having
one (1) or two (2) parallel faces, supported by
itself, one (1) or move uprights, poles or braces, in or upon
the ground or by a structure other than a building.
1.9 Illmaineted 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 is so arranged
that no direct rays of Light are projected from such artiftc Lal
source into residential ernes or public streets.
1.11 Name Plate Sign. A sign which states the m address or
-. bahh of the occupant of theLotwhere the sign
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.
1.13 painting Sign. A rotating sign shall m sign which i
located within one hundred (100) feet Of an
adjacent sideline of any public right-of-way and turn¢, rolls
or otherwise moves more than six (6) time per minute.
1.14 Sign. Any name, identification, description, display, illustration
or 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,
pare on, institution or business. A sign shalt Seclude writing,
representation or other figure of similar character within a building
only when illuminated and located in a window.
1.15 Surface Area of Sign. The entire area within a single continuous
Berton ter enclosing the extreme limits of
the actual sign surface. it does not include any structural elements
outside the limits Of Such sign and not forming an integral part of
the display. For prolectiaC 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 lees.
1.16 Temporary Sign. Any sign, banner, pennant, valace, advertising
display or sign not permanently affixed to the
ground or a structure, intended to be displayed for a limited
Period Of time.
I.l] Wale. 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, association or corporation
shall erect any sign as herein defined without
first obtaining a sign permit therefor from the Building Inspector,
except for those signs exempted from the requirements of this
Article in Section 2.5.
2.2 Application for Sign permit. Application for a sign permit shall
be signed and made by the applicant
in writing upon forma 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 the sign; the
Position of the sign in relation to
nearby buildings
or structures; the location of the building, structure
er lot to which or upon which the sign is to be erected;
nd the method of illumination, if any;
(d) Cost of the sign; and
(e) Such other Information as the Building Inspector shall
require to show full compliance with this Article and
all other Laws and Ordinances of the City.
2.3 Fee. An application for a sign permit to the Building Inspector
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 lss tante.
2.5 Exemptions. He sign permit shall be required for traffic and
other municipal signs, legal notices, railroad
crossing signs, dangerandsuch 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 & Institutional and Parke -6
Open Space zones by Section 3 of this Article, provided, however,
that such signsare
em
not deed unsafe or
unlawful by Section 11
of this Article; nor shall sign permits be required for customary
holiday decorations.
2.6 Temporary Signa. 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 bean issued such a permit for the seem
premises within a ninety (90) day period preceding the application.
2.7 Issuance of Permit. If the proposed sign is permitted and is in
ompliacwith all applicable requirements
of the Law e
and Ordina ofto
the City, the Building Tnapec r
shall issue a permit foethe erection of the proposed sign.
Sec. 3 Signs in Residential, Agricultural, Civic A Institutional and
parks& 0 Space Zones. In Residential 1 (R -I), Residential 2 (R-2),
Residential 3 (R-3), Residential 4 (R-4),
Residential 5 (R-5), Agricultural (A), Civic & Institutional (C&I) and
Parka & open Space (PCO) zones, signs shall be permitted under the
following conditions:
3.1 One ad= plate sign identifying the owner
occupant of a
building or dwelling unit, provided the surface area does not
exceed two (2) square feet.
3.2 One sign for each separate street frontage of a lot and per-
taining to the lease or sale of a building or property,
provided it shall note wed twelve (12) square feet in surface
area and is non-ill,minated; is set back at least fifteen (15)
feet from the street line; and is n e 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 a new subdivision or apart-
ment development upon the land on which placed, provided such
signs do notexceed ninety-six (96) square feet in surface
area, are n ! than fifteen (15) feet nor lees than two (2)
feet aboveground, advertise only the development in which
located; only One to be erected at each dedicated street entrance
and set back to the required building line; and is non -illuminated.
3.4 One n a -illuminated sign identifying an engineer, architect o
contractor engaged in the construction of a building, provided
such sign shall not exceed twelve (12) square feet in surface
is no more than fifteen (15) feet nor Less than two (2)
feet above ground and is removed within thirty (30) days following
occupancy of the building
3.5 One identification sign, not to exceed twenty-four (24) square
feet insurface area for each building devoted to the following
church, school, hospital, library or other permitted
community facility use. Sign sign shall be solely for the
purpose of identifying the institution and its services or
activities and any be Illuminated.
3.6 A business sign for any permitted business u a Residential,
Agricultural, Civic & Institutional and Parke & r Open Space ane
not t0 exceed twenty-four (24) square feet to and my be
either non -ill minuted Or indirectly illuminated,
3.7 NO name plate sign shall beerected within two (2) feet of the
street Sine and no other sign described above shalt be erected
within ten (30) feet of any street Sine.
3.8 Advertising signs, flashing signs or rotating signs shall not be
permitted to be erected in Residential, Agricultural, Civic &
Institutional and Par" S Open Space sones.
Sec. 4 Sign in Commercial E 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 (I-1), Industrial Perk 2
(1-2) and Severely industry (1-3) zones shall comply with the require-
ments set forth in this section.
4.1 General Requirements. Every sign erected in Commercial and
Industrial zones shall not exceed the
maximum numbers and dimensions set forth in the following table:
ABSOLUTE MAX.
MAX. WALL
MAX.
MAX.
TOTAL SURFACE
MAX. NO. OF
MAX. NO. OF
M9X. NO. OF
SIGN EMNSION
SIGN NT.
SIGN NT.
MAX.
BASE
ZONE
OF ALL SIGNS
WAIZ SIGNS
GROUND SIGNS
ROOF SIGNS
ABOVE FANAFET
FINST FL,
2NO M.
LETTER NT.
NUMBER
C-1
90
2
None
None
None
2}'
2'
18"
1.0
C-2
300
2.
1
1
2}'
24.'
2}'
30"
1.5
C-3
300
2
1
1
2}'
2V
2}'
30"
1.5
C-0
None
1
1
None
None
2V
2'
18"
1.5
1-1
300
1
1
1
None
4'
4'
4'
1.5
1-2
300
1
1
1
None
4'
4'
4'
1.5
1-3
300
1
1
1
None
4'
4'
4'
1.5
4.2 Sin Area. To determine the total allowable sign area
for a building, multiply the base number by
the comber of lineal feet of frontage of the building
through which the public has access
s to a public right of
way o a public parking facility.If the number thereby
derived is lees than the absolute maximum total surface
eof all signs specified for that z such comber shall
be the maximum comber of square feet of total allowable sign
area for the building. if the number thereby derived is
equal to or greater than the absolute maximum total surface
area of all signs specified for that rose, such absolute
maximum shall be the maximum number of square feet of total
allowable sign area for the building.
4.3 Ground Signa. in addition to the preceding requirements of
this section, 1 - a ground sign
shall not exceed the following dimension.
Maximum Maximum Maximum
Zone Height Thickness Length
C-2 35' 1k' None
C-3 35' 1§' None
C-4 4' 1k' 4'
I-1 10' 1}' None
I-2 10' IV None
I-3 10' 1}' None
4.3.1 Ground Clearance. A ground sign shall either be
flumh with the ground or have a
clearance above , the
tuna ve at surface
(n) feet.
4.3.2 Area. If the pArAlldl fordo of A ground sign are
ill be the the total eusuch fl of the ground
sign Bare be the a of a such face. If the parallel
faces a o[ identicale the total surface area of the
ground sign sM1a1L be the combined a of both faces.
4.3.3 placement. A ground sign shen y u yards
having a minimum building setback of thirty
(30) feet from the lot line directly frosting one public
right of way or public parking area.
. A ground sign shell
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 Signe in Airport Zone. In an Airport Zone signs shell be permitted
under the following conditions:
5.3.1 Business signs Identifying the name, business
and products of the person or firm occupying the
promisee shall be permitted; and each installation
must be approved in advance and in writing by the
lessor before its installations. NO Signs may be
ectad which, through illumination at night o
glare during the day, creates a hazard for aircraft
or vehicles. No sign shall project above a parapet
r five (5) feet above the roof line. Signs shall
not exceed two (2) in number pet parcel n exceed
combined total e a
a in a of three hunred
(300) square feet except that no sign shall exceed
ineethan log of the gross wall Surface on
which it is placed.
5.3.2 No billboards or advertising piano shall be permitted
ltd `ice
Seca 6 General Sign Regu1d4f5fm ''The following prohfDf<fonE and general regulation shall
apply to Santa; in all Zones:
6.1 No sign, whether illuminated or not, shall project into the line of
vision of a motorist of an official traffic signal at a street of railroad
intersection within one hundred fifty (150) feet of such signal from a
wing lane of traffic and no sign visible from the street shall contain the
word "Danger" or Stop" with the intent of simulating street traffic or
other official signs.
6.2 No sign shall be erected or maintained which extends over r projects into
any public way more than 18", except the tine and temperature signs
acted upon the exterior wall of any building for the co eri nce of the
public may project 72" into the public way, provided they meetthe
requirements of Section 1.] and that only the name and advertising of
the owner shall be permitted, and that they be maintained to keep only
time and temperature and that tbey are approved by the Board of Appeals;
and every sign attached to the wall of any building above a sidewalk,
driveway or parking area, and every ground sign i such area, shall be
required to maintain aeclearance of at least ten (10) feet between the
betten of such sign and the ground level.
6.3. One Arcade sign (a sign attached to the underside of the soffit or ceiling
of an arcade or covered walk) is permitted i integrated shopping
enters. The face of the sign shall not exceed twelve (12) inches is
height, to be measured at right angles to the soffit or ceiling, and
such sign shall not exceed four (4) feet in length and the sign must be
mounted at ri ed of the building.
6.4 In Commercialand Industrial Zones where a tuilding is designed with a
campy more than two
feet from the face of the building,
n ()campy signper business
may be erected on the leading edge of
the canopy, provided the sign does not exceed six (6) feet in height,
and is included in the total allowable sign area.
6.5 No wall sign shall be attached to, or abstract any window, door stair-
way or other opening intended for ingress or egress or for needed venti-
lation and light.
66 No sign shall be attached to any tree, fence, or atility pole.
6.0 Any sign now or hereafter existing which no longer advertises a bona
fide business conducted, product sold, or activity or campaign being
conducted, shall be taken down and remorse by the owner,agent, o
person having the beneficial u of thebcilding structure, or lot upon
which such sign may be found within ten (10) days after written notifica-
tion from the Building Inspector and, upor. failure to comply with such
notice within the time specified i such der, the Building Inspector i
s
hereby authorized to c removal oof such sign, and any expense incident
thereto shall be paid by the owner of the building, structure, or let to
which such sign is attached.
6.0 Any sign painted directly to the surface of any wall shall 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 limita-
tions.
6.9 All signs and sign structures shall be properly maintained and kept in a
neat and proper state of maintenance and appearance.
6.10 Gooseneck and thin line reflectors and lighting shall be permitted on
indirectly illuminated signs provided such reflectors and lights do not
extend more than six (6) feet beyond the sign structure to which attached
and such illumination is directed upon the face of the sign to reduce
passibility of direct light rays shining into adjoining property or the
public way.
6.11 Except i Commercial and Industrial Zones, no advertising
sign shall be permitted to be erected 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 way of such Interstate
Highway and where permitted no structure can be erected within one
thousand (1000) feet of another structure on the same side of the highway.
All signs shall be subject to the State '_ Maine Statutes governing place
-
ent of signs adjacent to the National System of Interstate and Defense
Highways.
5.12 In addition to signs permitted elsewhere to this Ordinance one (1) sign,
not to exceed
eed two (2) square feet per sign, designating a entrance or
exit to aparking lot shall be allowed.
6.13 Wherever each unit in a shopping center is a
separate establishment, it shall be treated a
such in determining the allowable frontage and
number of signs.
Sec. 7 Special Exceptions. in accordance with the provisions of Section 8,
the Sign Review Cemittee may permit exceptions
to the dimensional requirements of this Article, to the extent
provided for by this Section.
7.1 Height. Exception to the caxim,m sign height and maximum
letter height in Commercial and Industrial Zones set
forth by Section 4.2, may be permitted if the proposed sign is
circular or square in shape and has a surface area
of leas than
one third (1/3) of the total allowable sign areafor the
building. If such exception is granted, the total allowable
sign area remaining for the surface at" for other signs shall
be computed by substraCting from the total allowable sign area,
three times the surface area of such excepted signs.
Example: In a C-4 zone, a building having a total allowable
sign area of 300 proposes u square sign within a surface area
of ninety (SC) feet. Hence, the area available for other signs
is 300-270-30 sq. ft.
Exception to the maximum letter height may be permitted only
if exception is permitted to the maximum sign height and only
if the letters remain within the perimeter of the sign so
excepted.
Sec. 8 Sign Review Committee.
8.1 establishment of Sign Review Committee. There is hereby
established a Sign
Review Committee. Chan used in this Article, the term Committee
shall mean the Sip Review Committee herein established.
a Appointment and Composition. The Committee shall be
appointed by the City
Council of the City of Bangor and shall consist of
five (5) numbers serving staggered term of five (5)
years, one
meatier to be appointed for five (5) yea
one for four (6) years, one for three (3) years, one
for two (2) years and one one (1) year, and there-
after each new member skull serve for five (5) years or
until his successor has been appointed.
11
b. Qualifications of Committee Members. Each member
appointed shall
be a licensed professional engineer or architect.
C. Chairman. The Committee shall annually select one of
its members to serve as Chairman.
d. Public Proceeding. The City Manager shaUdesignate a
person to serve 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.
e Quorum. The Committee shall not be legally constituted
or competent to transact business unless a quorum
of its members are
e present and voting. A quorum shall
consist Of three(3) members.
f. Conflict of Interest. Any question of whether a particular
issue involves fl conflict of interest
sufficient to disqualify a member from voting thereon, shall
be decided by a majority vote of the remaining members. A
tie vete In this instance shall disqualify the member from
voting an the particular issue.
S. Removal. A member my be removed from the Committee prior
to the expirationof his term, and anew
member
appointed in his place, by the City Council, upon written
charges presented to and after public hearing before, the
City Council.
8.2 Powers and Duties.
fl Administrative Appeals. The Committee shall hear and decide
on matters where a written appeal
allegesan me
error t
in any. interpretation, Order, requirent,
decisionat determination of the Code Enforcement Officer in
the enforcement of this Article. The actionofthe Code
Enforcement Officer may be modified or reversed by the
Committee only by a concurring vote of at least 3/6 of all
members present and voting.
b. Exceptions. The Committee shall bear and decide requests
for exceptions as specifically permitted by
the provisions of this Article. In addition to the standards
and limitations set forth in the specific sections permitting
exceptions, the Committee must find that the sign proposed
for exception:
L2
a. will be empatible with the over-all design
of the building height, bulk, materials and
other deafen and occupancy cleavers, and is
In accordance with the standards and practices.
b, will not have a detrimental effect upon
adjacent property.
C. will not constitute a hazard to the flow or
unloading of vehicular traffic.
d. will not in any way conflict with traffic or
public infatuation signs.
An exception shall only be permitted upon the concurring vote
of at Least 3/4 of all manors present and voting
c Variances. The Co®ittee shall decide requests for
variations from the terns of this Article.
Variations may only be pernitted in the dimensions and
placement of signs. Before the Co®ittee may pernit a
variation it moat find that a relaxation of the tome
of this Article would not substantially depart from the
intent and purposes of this Article and that literal
enfor ement of this Article would result in undue hardship.
The burden of showing undue hardship 1s upon the applicant,
and to overcome this burden, the record must show;
1. That the plight of the applicant is due to unique
cimmmsrances arising out of conditions peculiar
to the property in question, and not due to the
general conditions in the neighborhood;
2. That the property in question cannot yield a
reasonable return if only signs pernitted by this
Article were maintained; and
3. That the sign to be authorized by the variation
will not alter the essential character of the
neighborhood.
The Co®ittee shall permit a variation only upon the
concurring 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.
8.3 Further Appeals. Further appeals may be taken from any action
of the Co®ittee within thirty (30) days after
the decision is rendered, by any party, Including the City
Council, to the Superior Court frmn any order, relief or denial
in accordance with Rule BOB, Maine Rules of Civil
Procedure.
Sec. 9 Prohibited Signa. All flashing signs and rotating signs as
defined by Section 1 are prohibited.
Sec. 10 Removal of a Nov -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
completely removed from the premises, in accordance with the
fallowing schedule.
Shall Comply or be
Signe Erected prior To Removed by
September 1, 1969 September 1, 1979
September 1, 1970 September 1, 1980
September 1, 1971 September 1, 1981
September 1, 1972 September 1, 1982
September 1, 1973 September 1, 1983
September 1, 1974 September 1, 1984
Sec. 11 Unsafe and Unlawful Signe. If the Building inspector shall find
that any sign or sign structure regulated
therein is unsafe or insecure,
or is a menne to the public, or hes
been constructed c erected o is being maintained in violation of
the provisions of thordinance, he shall give written notice to
the permittee thereof. If the permittee fails to remove
or alter
r
thea o
structure a s to comply with the standards herein set forth
within ten (10) days after such notice, such sign or
sign structure
may be removed o altered to comply by the Building Inspector at the
expense of the petmitree or owner
of the property upon which it is
located. The Building Inspector my cause any sign which is e
red fate peril to persona r property tobe removed summarily and
without notice.
Sec. 12 Penalty. Any person who violates any provision of this Ordinance o
fails to comply with any of its requirements, shall upon
conviction thereof be fined not more than $100. and, in addition,
shall pay all costa and expenses involved in the c Each day such
violation continues, constitutes a separate offense. e This Ordinance
shall become effective upon adoption by the City Council.
Sec. 13 Separability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is forany reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
pro, inion and such holding shall not affect the validity of the
remaining portions.
➢MENDED COPY 255 AE
CITY OF BANGOR
(TITLE.) Mrbinmtu, Amending. chapter V1...Uticle 3 .Sign..Qrddnange ...
Be at ordaimsd 6y the City CaumaU of City ofBamyor, as YbUkum:
_ THAT Chapter VI, Article 3 of the Laws and Ordinances of the City of Bangor
is hereby amended as follows:
Sec. 8.15 Special Exceptions. In accordance with the provisions of Section
6, the Sign Review Committee may permit
exceptions to the dimensional regairements of this Article.
Sec. 8.16 Sign Review Cormittee.
8.161 Establishment of Sign Review Committee. Tbexe is hereby
established a
Sign Review Committee. When used in this Article, the
term Committee shall mean the Sign Review Committee herein
established.
a Appointment and Composition. The Committee Shall be
appointed by the City
Council of the City of Ranger and shall consist
ist of
five (5) members sing staggered terms of five (5)
years, o member to be appointed for five (5) years,
e for four (4) years, one for three (3) years, one
w
for two (2) years and one for one (1) year, and there-
aftereach now member shall serve
e for five (5) years
or until his successor has beenappointed.
b. Qualifications of Committee Members, Each member
appointed shall
be a licensed professional engineer or architect.
c Chairman. The Committee shall annually select one of
its members to serve as Chairman.
a. public Prooeeaing. The city Manager shall designate a
person to serve as clerk to the
Committee who shall keep a detailed public record of all
c
proceedings. Such record shall Show the voteof each
of the members of the Committee noon each question.
2
a Quorum. The Committee shall not be legally constituted
or ompetent to transact business unless a
quorum of its members are present and voting. A quorum
shall consist of three (3) memaers.
f. Conflict of Interest. My question of whether a parti-
cular issue involves a conflict
of interest sufficient to disgialifya member from
voting thereon, shall be decided by a maj unity vote of
the remaining members. A tie vote in this instance shall
disqualify the member from voting on the particular issue.
g. Removal. Amember may be removed from the Comittee
prior to the expiration of his term, and a new
member appointed in his place, by the City Council, upon
written charges presented to add after public hearing
before, the City Council.
8.162 Powers and Duties.
a Mu inistrative Appeals. no Committee shall hear and
decide o where a written
appeal allegesan s any interpretation, order, re-
quirement,
-gnixement, decisionor determination of the Code Enforcement
Officer in the enforcement of this Article. Me action of
the Cade Enforcement Officer may be modified or reversed
by the Committee only by a ing vote of at least 3/4
of all members present act voting.
b. Exceptions. The Committee shall hear and decide requests
for exceptions as specifically permitted by
the provisions of this Article. In addition to the
standards and limitations set forth in the specific sections
permitting a ceptions, the Committee must find that the
sign proposed for exception:
a. will be compatible with the over-all design of
the building height, bulk, materials and other
design and occupancy elements, and is in accordance
with the standards and practices.
b. will not have a detrimental effect upon adjacent
property.
c. will not constitute a hazard to the flow or
unloading of vehicular traffic.
d, will not in any way conflict with traffic or
public information signs.
An exception shall only be pesmitt¢d upon the concurring vote
of at least 3/4 of all members present and voting
C. Variances. The Committee shall decide requests for
ariaticnsfrom the terms of this Article.
Variations may only be permitted inthe dimensions and
placement of signs. Before the Committee may permit a
variation it most find that a -elaxation of the terms
of this Article would not substantially depart from the
intent and purposes of this Arvicle and that literal
enforcement of this Article would result in sMue hard-
ship. The burden of showing undue hardship is upon the
applicant, and to overcome this burden, the record must
show:
1. That the plight of the applicant is due to unique
rtatances maiming out of conditions peculiar
to the property in question, and not due t0 the
general conditions in the neighborhood:
2. That the property in question cannot yield a
reasonable return if only signs permitted by
this Article were maintained; and
3. net the sign to be authorized by the variation
will not alter the essential character of the
neighborhood.
The Committee shall permit a variation only upon the
cornfurring 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 add purposes of this Article.
8.163 Further Appeals. Further appeals may be taken from any action
of the Committee within thirty (30) days
after the decision in
rendered, by any party, including the
City Council, to theSuperior Court from any order, relief or
denial in accordance with Rule 805, Maine Rules of Civil
Procedure.
