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Home My WebLink About2016-12-12 17-035 ORDINANCECOUNCIL ACTION Item No. 17-035 Date: December 12, 2016 Item/Subject: ORDINANCE, Amending Chapter 231, Public Parks, and Chapter 260, Signs, of the Code of the City of Bangor, By Amending Temporary Sandwich Board Sign Requirements and Allowing Sidewalk Merchandise Displays Responsible Department: Community and Economic Development Commentary: This ordinance amendment would allow temporary sidewalk signs in West Market Square, allow downtown merchants to put out sidewalk merchandise displays, and make several other ordinance updates regarding sidewalk signs. Several West Market Square business owners have expressed interest in putting out temporary sandwich board signs. This ordinance amendment would allow sandwich board signs in the public park area of the square as long as travel is not obstructed and the signs are within 3 feet of the maximum allowed seating area. Downtown businesses have also expressed interest in putting out merchandise to attract people passing by. This ordinance amendment would allow these sidewalk displays, as long as they do not obstruct travel, are removed nightly, and meet certain other requirements. Finally, the ordinance amendment would clarify and update several other sandwich board sign provisions, including preventing excessive numbers of such signs being displayed and removing the requirement that sign owners come back each year for a new permit. This item was discussed at the BED Committee meeting on December 6, 2015. Department Head Manager's Comments: nn (A�' City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: C Solicitor Introduced for Passage x First Reading Referral 17-035 DECEMBER 12, 2016 tpF_egy� s Assigned to Councilor Tremble CITY OF BANGOR 9g0��6~~:: J :• 'grED.f ORDINANCE, Amending Chapter 231, Public Parks, and Chapter 260, Signs, of the Code of the City of Bangor, By Amending Temporary Sandwich Board Sign Requirements and Allowing Sidewalk Merchandise Displays WHEREAS, several West Market Square businesses have expressed interest in putting out temporary sandwich board signs; WHEREAS, these businesses have occupied the sidewalk with outdoor seating, so said signs would have to be placed in the public park area of West Market Square; WHEREAS, certain setback and licensing requirements for temporary sandwich board signs are unnecessarily strict or otherwise require updating; and WHEREAS, several downtown businesses have expressed interest in putting out merchandise to attract those passing by; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 231 of the Code of the City of Bangor be amended as follows: § 231-8. Merchandising, advertising and signs. Except in conjunction with supervised activities under the general control and supervision of the Director and in particular activities conducted at Bass Park, no person in a park shall: C. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any city -owned lands or highways or roads adjacent to a park. Exception from the prohibitions of this subsection is made for the posting of such notices as may be required by this chapter. D. Exceptions. Sponsorship signs erected by the City of Bangor in accordance with Chapter 26, § 260- 13F, and temporary sidewalk (sandwich board) signs and sidewalk merchandise displays in West Market Square permitted under § 260-9 and § 260-9.1. respectively, shall not be deemed a violation of this section. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 260 of the Code of the City of Bangor be amended as follows: IN CITY COUNCIL DECEMBER 12, 2016 COr 17-035 FIRST READING CITY CLEK IN CITY COUNCIL DECEMBER 28, 2016 COr 17-035 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI, NEALLEY, NICHOLS, PERRY, WESTON, GRAHAM, TREMBLE, SPRAGUE COUNCIORS VOTING NO: NONE PASSED CITY CLERYr 17-035 DECEMBER 12, 2016 § 260-1. (Definitions. SIDEWALK MERCHANDISE DISPLAY A display of merchandise that is sold within the store in front of which the display is located. § 260-5. Signs exempt from permit. I Sidewalk merchandise displays. § 260-9. Temporary sidewalk (sandwich board) signs. A. Quantity. One sign per estaHlishment Rublic entrance entranee shall be permitted per building on the sidewalk in front of the entrance, provided that all dimension and location standards are met. When standaFds de net peFfflit mepe than ene siqn,-eA sign may consist of multiple listings. For purposes of this section, frontage on West Market Square is considered street frontage. C. Locational requirements. (4) Sign location on sidewalks in the Downtown Development Zoning District, Waterfront Development District, or Urban Service District. Any sign must be located in front of the building, be set back at least two feet from the edge of the street, and leave at least five feet of unobstructed sidewalk width perpendicular to the storefront. Signs in West Market Sguare must not obstruct travel through West Market Square and no part of the sign may be further than 22 feet from the storefront. D. Sign removal. All signs shall be removed nightly, and may not be on the sidewalk between midnight and 5:00 a.m. The City may at any time require a sign to be removed temporarily or relocated to accommodate an event or work or if the sign is obstructing travel. E. Permit sticker. No temporary sidewalk sign shall be permitted without approval from the Code Enforcement Office and payment of the City's sign permit fee. A City -issued sticker will be permanently attached to the top of the sign in an easily observable location. Gity appF6Yals-fer 17-035 DECEMBER 12, 2016 A. Location. (1) Sidewalk merchandise displays shall only be located in the Downtown Development District, Waterfront Development District, and Urban Service District. Only first floor establishments may have sidewalk merchandise displays. Displays must be located in front of the building, and no part of the display may be further than 5 feet from the storefront. Displays must be set back at least two feet from the edge of the street and leave at least 5 feet of unobstructed sidewalk width perpendicular to the storefront. Displays in West Market Square must not obstruct travel through West Market Square. (5) Minimum distance from side street or access drive intersection or side lot line: fg) Downtown Development District: 5 feet. U Waterfront Development District and Urban Service District: 15 feet. Under no circumstances shall sidewalk merchandise displays obstruct access to vehicle stops, benches, fire hydrants or other street furnishings. fL Displays may not be physically attached to a building. B. Items displgYed. W A display may only display items sold by or otherwise related to the establishment in front of which the display is Dated. M No unsafe or dangerous items may be displayed. C Display removal All sidewalk merchandise displays must be removed nightly and may not be on the sidewalk between midnight and 5:00 a.m. D. Violations. In addition to any otherQenalty prescribed by this chapter, the City may confiscate any sidewalk merchandise disQlav found to be in violation of any 2rovislon of this section or to protect the public health safety or welfare Any display confiscated pursuant to this authority shall be returned upon payment to the City of a fee of X25 provided that all other provisions of this section are complied with prior to return of the display. Additions are undedined deletions stfaek thFaugh.