Loading...
HomeMy WebLinkAbout2013-05-13 13-155 ORDINANCECOUNCIL ACTION Item No. 13-155 Date: May 13, 2013 Item/Subject: ORDINANCE, Amending Chapter 260, Signs, of the Code of the City of Bangor, By Reorganizing On -Premises Provisions and Loosening Restrictions on Window Signs and Flags Responsible Department: Code Commentary: This amendment proposes changes to Chapter 260, Signs of the Code of the City of Bangor for the purpose of organizing it in a more user-friendly manner and to remove certain contradictions within the ordinance. In addition, the amendment proposes two substantive changes, including allowing businesses to install window signs without permits, provided that they cover no more than twenty percent of a store's window. Additionally, the proposed amendment allows for decorative flags, with certain restrictions, in the Downtown and Waterfront Development Districts. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Department Head 'e.9I, , .>'. City anager Finance Director Solicitor Introduced for Passage x First Reading x Referral to Business and Economic Development Committee on Tuesday, May 21, 2013 AS AMENDED 13-155 MAY 131, 2013 p S�o�N Assigned to Councilor Civiello ll 1 CITY OF BANGOR ORDINANCE, Amending Chapter 260, Signs, of the Code of the City of Bangor, By Reorganizing On - Premises Provisions and Loosening Restrictions on Window Signs and Flags WHEREAS, the on -premises sign provisions in the City's sign ordinance are not currently organized for ease of use; WHEREAS, certain provisions of the sign ordinance conflict with each other; WHEREAS, restrictions on window signs are currently more restrictive than need be; and WHEREAS, there is an interest in allowing downtown businesses to display flags; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 260, Section 260-1 of the Code of the City of Bangor shall be amended as follows: § 260-1. Definitions. For the purposes of interpreting this chapter, the following terns, phrases, words and their derivatives shall have the meanings given herein: FLAG Any sign of fabric or similar material that is mounted to a pole or a building by a frame at one or more edges. OPEN FLAG A flag no larger than flfteen square feet and having no text aside from the word "open." Open signs shall not be included in the calculation of the number of signs and sign area allowed for a business. Additions are underlined IN CITY COUNCIL May 13, 2013 First Reading and Referral to Business and Economic Development Committee Meeting Of May 21, 2013 DEPUTY CITY CLtRK IN CITY COUNCIL May 29, 2013 Motion made and seconded to Amend by Substitution Passed Motion made and seconded for Passage As Amended Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Pa TY CL AS AMENDED 13-155 MAY 13, 2013 BE IT FURTHER ORDAINED AS FOLLOWS, THAT Chapter 260, Sections 260-5 through 260-8 the Code of the City of Bangor are hereby repealed and replaced with the following: § 260-5. Signs exempt from permit Permits are not required for the following signs: A. Municipal and state highway and emergency signs and traffic control signals installed in accordance with the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation. B. Railroad crossing signs and signals. C. Customary holiday decorations. D. Hags of countries, states, counties, cities and religious and civic organizations. E. Memorial signs and tablets. F. In an historic district, one nameplate sign. G. Window signs. H. Open flags. § 260-6. General standards and limitations. A. Window signs. Window signs shall not exceed 20% of the window area on the ground floor street frontage of a premises. Window signs shall not be included in the calculation of the number of signs and sign area allowed for a business. B. Traffic directional signs. In addition to signs permitted elsewhere in this chapter, the following signs shall be permitted without the need to be set back from any property line: (1) Entrance/exit signs, not to exceed two square feet in area per sign, designating an entrance or exit to a parking lot. Entrance/exit signs do not require sign permits. (2) Traffic directional signs, not to exceed 50 square Beet in area per sign, designating the proper route the public should take to access on-site services or buildings located on a site upon a finding by the City Engineer or his designee that such traffic signs are necessary to ensure the proper control of traffic entering the site and to assist the public in accessing buildings or services located therein. AS AMENDED 13-155 MAY 13, 2013 (a) Such signs shall strictly be used for traffic directional purposes and shall not be used for advertising or to circumvent the district limit on freestanding signs. (b) The City Engineer or his designee shall have final authority over the location, number, and size of all such signs, subject to the overall limit of 50 square feet and subject to a finding by the City Engineer or his designee that the sign is for public safety and health reasons. (c) No traffic directional sign shall be erected without an approved sign permit from the Code Enforcement Officer. C. Home occupations. Home occupations are limited to one sign, either wall or projecting, not to exceed six square feet in sign area, either not illuminated or indirectly illuminated, unless the home occupation is located on a property designated as an historic site or landmark or in an historic district. D. Historic sites, landmarks, and districts. (1) Premises lawfully housing a nonresidential use, not to include a home occupation, and designated as an historic site or landmark or which are located in an historic district are limited to one six -square foot wall or projecting sign only. (2) Home occupations In historic districts, sites, or landmarks are limited to only one nameplate sign not to exceed two square feet. (3) One identification sign, not to exceed eight square feet in surface area, may be placed in each historic district established under Chapter 148, Historic Preservation, of this Code. Said sign shall be located outside of the public right-of-way, and may not be placed in a Resource Protection District. E. Time and temperature signs. A time and temperature sign erected upon the exterior wall of a structure for the convenience of the public may only contain the name of the premises upon which It is erected and a symbol, sculpture or other pictorial, provided that it is integrated into the display's design. F. Arcade signs. One arcade sign is permitted per establishment in integrated shopping centers. The face of the sign shall not exceed 12 inches in height, to be measured at right angles to the soffit or ceiling, and such sign shall not exceed eight feet in length and must be mounted at right angles to the nearest face of the building. Arcade signs shall be included in the calculation of allowable sign area. G. Sale or lease signs. For each separate street frontage of a lot, one sign shall be allowed pertaining to the sale, lease, or rental of a structure and/or land, provided that it shall not exceed 12 square feet in sign area and shall be nonilluminated, set back at least 10 Beet from the public right-of-way line or attached to the principal use building, and not more than 15 feet nor less than two feet above ground. AS AMENDED 13-155 MAY 13, 2013 H. Development or contractor signs. In all districts except the Resource Protection District, the following signs are allowed: (1) A nonilluminated sign, for one year or until 30 days after occupancy of the project, whichever Is less, advertising a new subdivision or apartment development upon the land where it is placed, provided that such sign does not exceed 96 square feet in sign area, is not more than 15 feet nor less than two feet above ground and advertises only the development where it is located. One such sign may be erected at each public street entrance and said sign must be set back (from the public right-of-way line) at least 1/2 the building setback as required in the district by Chapter 165, Land Development. (2) One nonilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided that such sign shall not exceed 12 square feet in sign area, is no more than 15 feet nor less than two feet above ground and is removed within 30 days following occupancy of the building. Said sign shall be set back from the public right-of- way line at least 1/2 the building setback as required in the district by Chapter 165, Land Development. I. Projection over public ways. Signs shall not extend over or project into any public way more than 15 inches, except as expressly permitted by this chapter. A time and temperature sign erected in accordance with § 260-6E may extend up to 72 inches into the public way. J. Eminent domain. Notwithstanding the setback requirements for freestanding signs set forth in this section, where a freestanding sign must be relocated as the direct result of a compensated public taking or conveyance in lieu of a public taking, the Code Enforcement Officer may: (1) Reduce or eliminate the setback requirement for the freestanding sign. In deciding upon the reduced setback standard, the Code Enforcement Officer shall consider the following factors: fairness to the property owner, the burden on the property owner which would be created by Imposing the setback requirement, the threat to public safety from the reduced setback and the availability of other suitable conforming locations; and (2) Permit the relocation of a legally nonconforming sign pursuant to Subsection J(1) without meeting current standards. In deciding whether to permit a legally nonconforming sign to be relocated without meeting current standards, the Code Enforcement Officer shall consider the following factors: fairness to the property owner, the burden on the property owner which would be created by imposing current standards and the threat to public safety from the relocation of the nonconforming sign. § 260-7. Di rict-spedflc standards and limitations. On -premises signs must meet the standards and limitations of the zoning district in which they are located as laid out herein. A. URD -1; URD 2; MSD; LDR; HDR; RRA; PO. (1) All signs. AS AMENDED 13-155 MAY 139 2013 (a) Maximum number of signs per business: 1 (b) Maximum area per one side of sign: 24 feet (c) Maximum total sign area for all signs: 24 feet (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) On -premises wall, projecdng, or freestanding signs may be directly or indirectly illuminated, except for signs allowed under [Home occupations subsection], which may not be directly Illuminated, or [Historic sites subsection], which may not be illuminated. B. NSD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 40 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 150 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single Integrated shopping center. The maximum area of any one freestanding sign shall AS AMENDED 13-155 MAY 139 2013 be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be enacted upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. C. USD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single AS AMENDED 13-155 MAY 139 2013 Integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. D. DDD. Every on -premises sign that requires a sign permit shall comply with the following regulations: (1) No sign shall be erected until the sign permit has been issued by the Code Enforcement Office and the sign has received all necessary approvals under the Historic Preservation Ordinance and Bangor Center Revitalization Area Ordinance. All such permitted signs may only be placed on the building in which the business (or organization) is located. If the business is leasing a portion of a building and the sign is to be placed on a portion of the building not subject to the lease, the applicant must provide written permission from the property owner to erect the sign. (2) Horizontal wall signs. AS AMENDED 13-155 MAY 139 2013 (a) Each business shall be permitted one horizontal wall sign facing on each public right-of- way or public parking area on which it fronts or has a public entrance. [1] Any storefront or business located on the first floor shall place its horizontal wall sign below the second floor window sill. [2] Any business above the first floor may place its horizontal wall sign above the second floor window sill, provided that only one such sign shall be permitted per side of the building. (b) Maximum height: three feet; except, however, that high-rise buildings shall be permitted to have a maximum height of six feet for signs placed on or above the seventh floor. (c) Horizontal wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The horizontal use of channel letters is permitted to constitute a horizontal wall sign. (3) Vertical wall signs. (a) In lieu of a horizontal wall sign, a business may erect one vertical wall sign. (b) Maximum width: three feet. (c) Vertical wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The vertical use of channel letters is permitted to constitute a vertical wall sign. (4) Projecting signs. (a) Each business shall be permitted one horizontal projecting sign facing on each public right-of-way or public parking area on which it fronts or has a public entrance. (b) Maximum height: three feet. (c) Projecting signs shall protrude no more than five feet from the building surface and shall be a minimum of eight feet above the sidewalk surface. (d) Projecting signs shall not be located above the second floor window sill. (5) Awning signs. A business may have a sign incorporated into an awning in lieu of a horizontal or vertical wall sign. (6) Flags. AS AMENDED 13-155 MAY 13, 2013 (a) A ground floor business shall be permitted to have one or more flags, depending on their amount of linear business frontage facing a right-of-way or public parking lot, in accordance with the following schedule: Linear business frontage Number of flags 25 feet or less 1 26-50 feet 2 51-100 feet 3 Each additional 50 feet 1 more (b) A flag may project no more than two feet from the face of a building at any time, excepting that any portion of a flag which is more than eight feet above the sidewalk may project up to flve feet from the face of the building. (c) A flag may not obstruct any window other than the business's own display window, or obstruct another business's wall or projecting sign. (d) Flagpoles shall be maintained in good condition, and the materials of the flags shall not be faded, tom or frayed. (7) Roof signs are prohibited. (8) Sign area. (a) For businesses located on the first (i.e., ground) floor, the total area of all signs per business on the side of a building facing a right-of-way or public parking lot shall not exceed 11/2 square feet per one foot of linear business frontage facing that right-of- way or public parking lot. (b) For businesses located on or above the second floor, the total area of all signs per business on the side of a building facing a right-of-way or public parking lot shall not exceed 1/2 square foot per one foot of linear business frontage facing that right-of-way or public parking lot. (c) The total area of all signs for all businesses on a side of a building shall not exceed 800 square feet per lot. (d) If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (9) Directory signs. (a) Notwithstanding the sign area limitations above, one on -premises freestanding directory sign is permitted, provided that the directory sign can meet the required setback. Each AS AMENDED 13-155 MAY 139 2013 planned group development approved by the Planning Board is entitled to a directory sign regardless of the number of businesses in the planned group development. (b) All freestanding signs authorized under this provision shall be subject to the following conditions: [1] Signs may be erected only upon review and approval of the Revitalization Area Design Review Committee (as established in Chapter 71, Bangor Center Revitalization Area, § 71-9, of the Code of the City of Bangor). [2] The applicant shall provide evidence acceptable to the City Engineer that the design and location of such a sign will not constitute a traffic hazard. [3] The sign shall either be not illuminated or indirectly illuminated and materials and colors shall harmonize with the exterior of the building and with buildings in the surrounding area. [4] Directory signs and parts thereof shall be set back at least two feet from any property line, and no variance will be permitted from this provision. [5] Such signs shall not exceed 50 square feet in area or 15 feet in height. [6] Directory signs must conform to the following dimension limits based on building size: [a] Maximum size. Building Gross Noor Area Maximum Sign Area (square feet) (square feet) 0 to 9,999 12 10,000 to 39,999 36 40,000 or more 50 [b] Maximum height. Number of Stories in Building Maximum Sign Height (feet) 0to2 8 3to5 12 6 or more 15 (10) Clocks. Time and/or temperature displays are permitted subject to the provisions of § 260-6E and I. Such displays shall be a minimum of 10 feet from the bottom of the display to the sidewalk and shall not exceed an overall total height of 15 feet. AS AMENDED 13-155 MAY 13, 2013 (11) Government buildings. Notwithstanding the restrictions above, buildings entirely occupied by local, county, state, or federal government agencies (or a combination thereof) are permitted to have one sign displaying the agency's seal, crest, logo, or name per side of the building facing a public way or parking lot. Said sign shall not exceed six feet high by six feet wide and may be placed anywhere on the building facade. E. WDD. (1) No sign shall be erected until the sign permit has been issued by the Code Enforcement Office and the sign has received all necessary approvals under the Historic Preservation Ordinance and Bangor Center Revitalization Area Ordinance. All such permitted signs may only be placed on the building in which the business (or organization) is located. If the business is leasing a portion of a building and the sign is to be placed on a portion of the building not subject to the lease, the applicant must provide written permission from the property owner to erect the sign. (2) Horizontal wall signs. (a) Each business shall be permitted one horizontal wall sign facing on each public right-of- way or public parking area on which it fronts or has a public entrance. [1] Any storefront or business located on the first floor shall place its horizontal wall sign below the second floor window sill. [2] Any business above the first floor may place its horizontal wall sign above the second floor window sill, provided that only one such sign shall be permitted per side of the building. (b) Maximum height: three feet; except, however, that high-rise buildings shall be permitted to have a maximum height of six feet for signs placed on or above the seventh floor. (c) Horizontal wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The horizontal use of channel letters is permitted to constitute a horizontal wall sign. (3) Vertical wall signs. (a) In lieu of a horizontal wall sign, a business may erect one vertical wall sign. (b) Maximum width: three feet. (c) Vertical wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The vertical use of channel letters is permitted to constitute a vertical wall sign. AS AMENDED 13-155 MAY 131, 2013 (4) Projecting signs. (a) Each business shall be permitted one horizontal projecting sign facing on each public right-of-way or public parking area on which it fronts or has a public entrance. (b) Maximum height: three feet. (c) Projecting signs shall protrude no more than five feet from the building surface and shall be a minimum of eight feet above the sidewalk surface. (d) Projecting signs shall not be located above the second floor window sill. (5) Awning signs. A business may have a sign incorporated into an awning in lieu of a horizontal or vertical wall sign. (6) Flags. (a) A ground floor business shall be permitted to have one or more flags, depending on their amount of linear business frontage facing a right-of-way or public parking lot, in accordance with the following schedule: Linear business frontage Number of flags 25 feet or less 1 26-50 feet 2 51-100 feet 3 Each additional 50 feet 1 more (b) A flag may project no more than two feet from the face of a building at any time, excepting that any portion of a flag which is more than eight feet above the sidewalk may project up to five feet from the face of the building. (c) A flag may not obstruct any window other than the business's own display window, or obstruct another business's wall or projecting sign. (d) Flagpoles shall be maintained in good condition, and the materials of the flags shall not be faded, torn or frayed. (7) Roof signs are prohibited. (8) Sign area. (a) For businesses located on the first (i.e., ground) floor, the total area of all signs per business on the side of a building facing a right-of-way or public parking lot shall not exceed 11/2 square feet per one foot of linear business frontage facing that right-of- way or public parking lot. AS AMENDED 13-155 MAY 139 2013 (b) For businesses located on or above the second floor, the total area of all signs per business on the side of a building facing a right-of-way or public parking lot shall not exceed 1/2 square foot per one foot of linear business frontage facing that right-of-way or public parking lot. (c) The total area of all signs for all businesses on a side of a building shall not exceed 800 square feet per lot. (d) If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (9) Directory signs. (a) Notwithstanding the sign area limitations above, one on -premises freestanding directory sign is permitted, provided that the directory sign can meet the required setback. Each planned group development approved by the Planning Board is entitled to a directory sign regardless of the number of businesses in the planned group development. (b) All freestanding signs authorized under this provision shall be subject to the following conditions: [1] Signs may be erected only upon review and approval of the Revitalization Area Design Review Committee (as established in Chapter 71, Bangor Center Revitalization Area, § 71-9, of the Code of the City of Bangor). [2] The applicant shall provide evidence acceptable to the City Engineer that the design and location of such a sign will not constitute a traffic hazard. [3] The sign shall either be not illuminated or indirectly illuminated and materials and colors shall harmonize with the exterior of the building and with buildings in the surrounding area. [4] Directory signs and parts thereof shall be set back at least two feet from any property line, and no variance will be permitted from this provision. [5] Such signs shall not exceed 50 square feet in area or 15 feet in height. [6] Directory signs must conform to the following dimension limits based on building size: [a] Maximum size. Building Gross Floor Area Maximum Sign Area (square feet) (square feet) 0 to 9,999 12 10,000 to 39,999 40,000 or more [b] Maximum height. 36 50 AS AMENDED 13-155 MAY 139 2013 Number of Stories in Building Maximum Sign Height (feet) 0to2 3to5 6 or more (10) Freestanding signs. 8 12 15 (a) Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. (b) Properties that are developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. (c) A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (11) Clocks. Time and/or temperature displays are permitted subject to the provisions of § 260-6E and I. Such displays shall be a minimum of 10 feet from the bottom of the display to the sidewalk and shall not exceed an overall total height of 15 feet. (12) Government buildings. Notwithstanding the restrictions above, buildings entirely occupied by local, county, state, or federal government agencies (or a combination thereof) are permitted to have one sign displaying the agency's seal, crest, logo, or name per side of the building facing a public way or parking lot. Said sign shall not exceed six feet high by six feet wide and may be placed anywhere on the building facade. F. BPD. AS AMENDED 13-155 MAY 13, 2013 (1) Al signs. (a) Maximum number of signs per business: 6 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet G. ADD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 25 feet (c) Minimum freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet AS AMENDED 13-155 MAY 131, 2013 [3] Rear: 20 feet (3) Signs in the ADD District shall comply with all applicable federal laws and regulations, as well as the following: (a) No signs may be enacted which, through Illumination at night or glare during the day, create a hazard for aircraft or vehicles. (b) The maximum allowable height for a roof sign shall be five feet measured from the point of the roof to which the sign is attached to the flop of the sign. (c) No wall sign shall exceed a sign area of more than 10% of the gross wall surface upon which it is placed. H. UID; SPS; GCS; IS. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. AS AMENDED 13-155 MAY 13, 2013 [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Minimum freestanding sign setback: [1] Front: 20 feet [2] Side: 10 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. I. GISD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single Integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, AS AMENDED 13-155 MAY 139 2013 an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet [3] Rear: 20 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. J. 1'S. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single Integrated shopping center. The maximum area of any one freestanding sign shall AS AMENDED 13-155 MAY 13, 2013 be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet [3] Rear: 20 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. § 260-8. Electronic signs. A. Districts. Electronic signs are permitted in the GCS, SPS, USD, BPD, IS and GISD Districts, provided they meet all applicable standards, including those standards applicable to all signs. Electronic signs located in a Government and Institutional Service District may only be located on major arterial streets as defined in § 165-13 of the Code of the City of Bangor. In all other districts, electronic signs are prohibited. B. Location. Only on -premises electronic signs are allowed, Messages identifying or advertising products, services, or events not available, offered, or held on the site of the sign are prohibited. C. Size. The electronic changeable portion of a sign is limited to 50% of the sign area allowed. AS AMENDED 13-155 MAY 131, 2013 D. Limitations. One electronic sign is allowed per zoning lot. E. Setback. Electronic signs must be at least 300 feet from the nearest property line of any lot zoned Urban Residential District -1, Urban Residential District -2, Multi -Family and Service, Low -Density Residential, High -Density Residential, or Rural Residence and Agricultural, except that electronic signs erected in the Urban Service District must be set back a minimum of 50 feet from the nearest property line of any lot zoned URD -1, URD -2, M&SD, LDR, HDR, or RR&A. F. Duration. Each individual message must have a minimum display duration of no less than 20 seconds. Electronic signs erected in the Urban Service District message must have a minimum display duration of no less than 20 minutes. G. Messages. Messages must be static for the duration of each individual message. No part of the electronic sign shall blink, flash, rotate, scroll, change in illumination intensity, or otherwise change In outward appearance except when the electronic message is changed to another message. The transition from one message to another must take one second or less. H. Malfunction. Every electronic sign must be designed and equipped to automatically freeze the sign in astatic display if a malfunction occurs. The electronic sign must also be equipped with a means to immediately discontinue the display if it malfunctions and the automatic device fails to freeze the sign. The sign owner must stop the display when notified by the city that it is not complying with the standards of this chapter. Failure to stop the display within 30 minutes of an attempt by the City to contact the owner shall be considered a violation under this section. I. Contact information. The owner of an electronic sign must provide telephone information sufficient to allow the City to contact, at any day and time, the owner or a representative with the authority and ability to stop an electronic sign display In the event of a malfunction. J. Brightness. (1) No electronic sign may be of such location, intensity, and/or brilliance so as to adversely impact the vision of a motor vehicle driver with average eyesight or otherwise interfere with the driver's operation of a motor vehicle. (2) No electronic sign may be of such location, intensity, and/or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. (3) The message area of an electronic sign may be illuminated by incandescent lamps, LEDs (light emitting diodes), or magnetic discs. (4) Undue brightness is prohibited. For purposes of this provision, "undue brightness" means illumination of any portion of the sign in excess of 7,500 nits during the day, or 500 nits at night. (5) An electronic sign capable of producing brightness levels in excess of 500 nits must have a phased proportional dimmer, which must automatically reduce nighttime brightness levels to AS AMENDED 13-155 MAY 13, 2013 500 nits or below. Prior to the issuance of a permit for an electronic sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above, and that the intensity level is protected from end-user manipulation by password -protected software or other method as deemed appropriate by the Code Enforcement Officer. 13-155 MAY 13, 2013 y�N Assigned to Councilor Civiello CI`T'Y OF BANGOR ORDINANCE, Amending Chapter 260, Signs, of the Code of the City of Bangor, By Reorganizing On - Premises Provisions and Loosening Restrictions on Window Signs and Flags WHEREAS, the on -premises sign provisions in the City's sign ordinance are not currently organized for ease of use; WHEREAS, certain provisions of the sign ordinance conflict with each other; WHEREAS, restrictions on window signs are currently more restrictive than need be; and WHEREAS, there is an interest in allowing downtown businesses to display flags; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 260, Sections 260-5 through 260-8 the Code of the City of Bangor are hereby repealed and replaced with the following: § 260-5. Signs exempt from permit Permits are not required for the following signs: A. Municipal and state highway and emergency signs and traffic control signals installed in accordance with the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation. B. Railroad crossing signs and signals. C. Customary holiday decorations. D. Flags of countries, states, counties, cities and religious and civic organizations. E. Memorial signs and tablets. F. In an historic district, one nameplate sign. G. Window signs. § 260-6. General standards and limitations. IN CITY COUNCIL May 13, 2013 First Reading and Referral to Business and Economic Development Committee Meeting of May 21, 2013 ck" A'PbTY CItY CLERK 13-155 MAY 139 2013 A. Window signs. Window signs shall not exceed 20% of the window area on the ground floor street frontage of a premises. Window signs shall not be included in the calculation of the number of signs and sign area allowed for a business. B. Traffic directional signs. In addition to signs permitted elsewhere in this chapter, the following signs shall be permitted without the need to be set back from any property line: (1) Entrance/exit signs, not to exceed two square feet in area per sign, designating an entrance or exit to a parking lot. Entrance/exit signs do not require sign permits. (2) Traffic directional signs, not to exceed 50 square feet in area per sign, designating the proper route the public should take to access on-site services or buildings located on a site upon a finding by the City Engineer or his designee that such traffic signs are necessary to ensure the proper control of traffic entering the site and to assist the public in accessing buildings or services located therein. (a) Such signs shall strictly be used for traffic directional purposes and shall not be used for advertising or to circumvent the district limit on freestanding signs. (b) The City Engineer or his designee shall have final authority over the location, number, and size of all such signs, subject to the overall limit of 50 square feet and subject to a finding by the City Engineer or his designee that the sign is for public safety and health reasons. (c) No traffic directional sign shall be erected without an approved sign permit from the Code Enforcement Officer. C. Home occupations. Home occupations are limited to one sign, either wall or projecting, not to exceed six square feet in sign area, either not illuminated or indirectly illuminated, unless the home occupation is located on a property designated as an historic site or landmark or in an historic district. D. Historic sites, landmarks, and districts. (1) Premises lawfully housing a nonresidential use, not to include a home occupation, and designated as an historic site or landmark or which are located in an historic district are limited to one six -square foot wall or projecting sign only. (2) Home occupations in historic districts, sites, or landmarks are limited to only one nameplate sign not to exceed two square feet. (3) One identification sign, not to exceed eight square feet in surface area, may be placed in each historic district established under Chapter 148, Historic Preservation, of this Code. Said sign shall be located outside of the public right-of-way, and may not be placed in a Resource Protection District. E. Time and temperature signs. A time and temperature sign erected upon the exterior wall of a structure for the convenience of the public may only contain the name of the premises upon which 13-155 MAY 13, 2013 It is erected and a symbol, sculpture or other pictorial, provided that it is integrated into the display's design. F. Arcade signs. One arcade sign is permitted per establishment in integrated shopping centers. The face of the sign shall not exceed 12 inches in height, to be measured at right angles to the soffit or ceiling, and such sign shall not exceed eight feet in length and must be mounted at right angles to the nearest face of the building. Arcade signs shall be included in the calculation of allowable sign area. G. Sale or lease signs. For each separate street frontage of a lot, one sign shall be allowed pertaining to the sale, lease, or rental of a structure and/or land, provided that it shall not exceed 12 square feet in sign area and shall be nonilluminated, set back at least 10 feet from the public right-of-way line or attached to the principal use building, and not more than 15 feet nor less than two feet above ground. H. Development or contractor signs. In all districts except the Resource Protection District, the following signs are allowed: (1) A nonilluminated sign, for one year or until 30 days after occupancy of the project, whichever is less, advertising a new subdivision or apartment development upon the land where it is placed, provided that such sign does not exceed 96 square feet in sign area, is not more than 15 feet nor less than two feet above ground and advertises only the development where it is located. One such sign may be erected at each public street entrance and said sign must be set back (from the public right-of-way line) at least 1/2 the building setback as required in the district by Chapter 165, Land Development. (2) One nonilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided that such sign shall not exceed 12 square feet in sign area, is no more than 15 feet nor less than two feet above ground and is removed within 30 days following occupancy of the building. Said sign shall be set back from the public right-of- way line at least 1/2 the building setback as required in the district by Chapter 165, Land Development. I. Projection over public ways. Signs shall not extend over or project into any public way more than 15 inches, except as expressly permitted by this chapter. A time and temperature sign erected in accordance with § 260-6E may extend up to 72 inches into the public way. J. Eminent domain. Notwithstanding the setback requirements for freestanding signs set forth in this section, where a freestanding sign must be relocated as the direct result of a compensated public taking or conveyance in lieu of a public taking, the Code Enforcement Officer may: (1) Reduce or eliminate the setback requirement for the freestanding sign. In deciding upon the reduced setback standard, the Code Enforcement Officer shall consider the following factors: fairness to the property owner, the burden on the property owner which would be created by imposing the setback requirement, the threat to public safety from the reduced setback and the availability of other suitable conforming locations; and 13-155 MAY 13, 2013 (2) Permit the relocation of a legally nonconforming sign pursuant to Subsection ](1) without meeting current standards. In deciding whether to permit a legally nonconforming sign to be relocated without meeting current standards, the Code Enforcement Officer shall consider the following factors: fairness to the property owner, the burden on the property owner which would be created by imposing current standards and the threat to public safety from the relocation of the nonconforming sign. § 260-7. District -specific standards and limitations. On -premises signs must meet the standards and limitations of the zoning district in which they are located as laid out herein. A. URD -1; URD 2; MSD; LDR; HDR; RRA; P0. (1) All signs. (a) Maximum number of signs per business: 1 (b) Maximum area per one side of sign: 24 feet (c) Maximum total sign area for all signs: 24 feet (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) On -premises wall, projecting, or freestanding signs may be directly or indirectly illuminated, except for signs allowed under [Home occupations subsection], which may not be directly Illuminated, or [Historic sites subsection], which may not be illuminated. . B. NSD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 40 feet 13-155 MAY 139 2013 (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 150 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single Integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. C. USD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 fleet 13-155 MAY 13, 2013 (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. 13-155 MAY 13, 2013 D. DDD. Every on -premises sign that requires a sign permit shall comply with the following regulations: (1) No sign shall be erected until the sign permit has been issued by the Code Enforcement Office and the sign has received all necessary approvals under the Historic Preservation Ordinance and Bangor Center Revitalization Area Ordinance. All such permitted signs may only be placed on the building in which the business (or organization) is located. If the business is leasing a portion of a building and the sign is to be placed on a portion of the building not subject to the lease, the applicant must provide written permission from the property owner to erect the sign. (2) Horizontal wall signs. (a) Each business shall be permitted one horizontal wall sign facing on each public right-of- way or public parking area on which it fronts or has a public entrance. [1] Any storefront or business located on the first floor shall place its horizontal wall sign below the second floor window sill. [2] Any business above the first floor may place its horizontal wall sign above the second floor window sill, provided that only one such sign shall be permitted per side of the building. (b) Maximum height: three feet; except, however, that high-rise buildings shall be permitted to have a maximum height of six feet for signs placed on or above the seventh floor. (c) Horizontal wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The horizontal use of channel letters is permitted to constitute a horizontal wall sign. (3) Vertical wall signs. (a) In lieu of a horizontal wall sign, a business may erect one vertical wall sign. (b) Maximum width: three feet. (c) Vertical wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The vertical use of channel letters is permitted to constitute a vertical wall sign. (4) Projecting signs. (a) Each business shall be permitted one horizontal projecting sign facing on each public right-of-way or public parking area on which it fronts or has a public entrance. 13-155 MAY 13, 2013 (b) Maximum height: three feet. (c) Projecting signs shall protrude no more than five feet from the building surface and shall be a minimum of eight feet above the sidewalk surface. (d) Projecting signs shall not be located above the second floor window sill. (5) Awning signs. A business may have a sign incorporated into an awning in lieu of a horizontal or vertical wall sign. (6) Flags and banners. (a) Each business shall be permitted to have one flag, provided that the business has at least 25 feet of business frontage. The flag may not obstruct any window other than the business's own display window. Flagpoles shall be maintained in good condition, and the materials of the flags or banners shall not be faded, torn or frayed. (b) A business may have a banner in lieu of its projecting sign, provided that the building on which it is to be displayed is at least two stories high. [1] All banners shall not be less than 10 feet above the sidewalk. [2] Banners may project up to five feet from the face of a building. [3] Public transportation facilities, including parking garages, railroad and trolley stations, and bus terminals, museums, college and university extensions and governmental buildings or agencies, such as City Hall, county buildings and fire and police stations, shall be permitted to have a maximum of three banner signs, subject to the size and placement limitations above. These banner signs shall not count towards the group's maximum allowable number of signs or sign area. (7) Roof signs are prohibited. (8) Sign area. (a) For businesses located on the first (i.e., ground) floor, the total area of all signs, flags, and banners per business on the side of a building facing a right-of-way or public parking lot shall not exceed 11/2 square feet per one foot of linear business frontage facing that right-of-way or public parking lot. (b) For businesses located on or above the second floor, the total area of all signs, flags, and banners per business on the side of a building facing a right-of-way or public parking lot shall not exceed 1/2 square foot per one foot of linear business frontage facing that right-of-way or public parking lot. (c) The total area of all signs, flags, and banners for all businesses on a side of a building shall not exceed 800 square feet per lot. 13-155 MAY 13, 2013 (d) If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (9) Directory signs. (a) Notwithstanding the sign area limitations above, one on -premises freestanding directory sign is permitted, provided that the directory sign can meet the required setback. Each planned group development approved by the Planning Board is entitled to a directory sign regardless of the number of businesses in the planned group development. (b) All freestanding signs authorized under this provision shall be subject to the following conditions: [1] Signs may be enacted only upon review and approval of the Revitalization Area Design Review Committee (as established in Chapter 71, Bangor Center Revitalization Area, § 71-9, of the Code of the City of Bangor). [2] The applicant shall provide evidence acceptable to the City Engineer that the design and location of such a sign will not constitute a traffic hazard. [3] The sign shall either be not illuminated or indirectly illuminated and materials and colors shall harmonize with the exterior of the building and with buildings in the surrounding area. [4] Directory signs and parts thereof shall be set back at least two feet from any property line, and no variance will be permitted from this provision. [5] Such signs shall not exceed 50 square feet in area or 15 Beet in height. [6] Directory signs must conform to the following dimension limits based on building size: [a] Maximum size. Building Gross Floor Area (square feet) 0 to 9,999 10,000 to 39,999 40,000 or more [b] Maximum height. Number of Stories in Building 0to2 3to5 Maximum Sign Area (square feet) 12 36 50 Maximum Sign Height (feet) 8 12 6 or more 15 13-155 MAY 139 2013 (10) Clocks. Time and/or temperature displays are permitted subject to the provisions of § 260-6E and I. Such displays shall be a minimum of 10 feet from the bottom of the display to the sidewalk and shall not exceed an overall total height of 15 feet. (11) Government buildings. Notwithstanding the restrictions above, buildings entirely occupied by local, county, state, or federal government agencies (or a combination thereof) are permitted to have one sign displaying the agency's seal, crest, logo, or name per side of the building facing a public way or parking lot. Said sign shall not exceed six feet high by six feet wide and may be placed anywhere on the building facade. E. WDD. (1) No sign shall be erected until the sign permit has been issued by the Code Enforcement Office and the sign has received all necessary approvals under the Historic Preservation Ordinance and Bangor Center Revitalization Area Ordinance. All such permitted signs may only be placed on the building in which the business (or organization) is located. If the business is leasing a portion of a building and the sign is to be placed on a portion of the building not subject to the lease, the applicant must provide written permission from the property owner to erect the sign. (2) Horizontal wall signs. (a) Each business shall be permitted one horizontal wall sign facing on each public right-of- way or public parking area on which it fronts or has a public entrance. [1] Any storefront or business located on the first floor shall place its horizontal wall sign below the second floor window sill. [2] Any business above the first floor may place its horizontal wall sign above the second floor window sill, provided that only one such sign shall be permitted per side of the building. (b) Maximum height: three feet; except, however, that high-rise buildings shall be permitted to have a maximum height of six feet for signs placed on or above the seventh floor. (c) Horizontal wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The horizontal use of channel letters is permitted to constitute a horizontal wall sign. (3) Vertical wall signs. (a) In lieu of a horizontal wall sign, a business may erect one vertical wall sign. (b) Maximum width: three feet. 13-155 MAY 139 2013 (c) Vertical wall signs shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. (d) The vertical use of channel letters is permitted to constitute a vertical wall sign. (4) Projecting signs. (a) Each business shall be permitted one horizontal projecting sign facing on each public right-of-way or public parking area on which it fronts or has a public entrance. (b) Maximum height: three feet. (c) Projecting signs shall protrude no more than five feet from the building surface and shall be a minimum of eight feet above the sidewalk surface. (d) Projecting signs shall not be located above the second floor window sill. (5) Awning signs. A business may have a sign incorporated into an awning in lieu of a horizontal or vertical wall sign. (6) Flags and banners. (a) Each business shall be permitted to have one flag, provided that the business has at least 25 feet of business frontage. The flag may not obstruct any window other than the business's own display window. Flagpoles shall be maintained in good condition, and the materials of the flags or banners shall not be faded, tom or frayed. (b) A business may have a banner in lieu of its projecting sign, provided that the building on which it is to be displayed is at least two stories high. [1] All banners shall not be less than 10 feet above the sidewalk. [2] Banners may project up to five feet from the face of a building. [3] Public transportation facilities, including parking garages, railroad and trolley stations, and bus terminals, museums, college and university extensions and governmental buildings or agencies, such as City Hall, county buildings and fire and police stations, shall be permitted to have a maximum of three banner signs, subject to the size and placement limitations above. These banner signs shall not count towards the group's maximum allowable number of signs or sign area. (7) Roof signs are prohibited. (8) Sign area. (a) For businesses located on the first (i.e., ground) floor, the total area of all signs, flags, and banners per business on the side of a building facing a right-of-way or public 13-155 MAY 13, 2013 parking lot shall not exceed 11/2 square feet per one foot of linear business frontage facing that right-of-way or public parking lot. (b) For businesses located on or above the second floor, the total area of all signs, flags, and banners per business on the side of a building facing a right-of-way or public parking lot shall not exceed 1/2 square foot per one foot of linear business frontage facing that right-of-way or public parking lot. (c) The total area of all signs, flags, and banners for all businesses on a side of a building shall not exceed 800 square feet per lot. (d) If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (9) Directory signs. (a) Notwithstanding the sign area limitations above; one on -premises freestanding directory sign is permitted, provided that the directory sign can meet the required setback. Each planned group development approved by the Planning Board is entitled to a directory sign regardless of the number of businesses in the planned group development. (b) All freestanding signs authorized under this provision shall be subject to the following conditions: [1] Signs may be erected only upon review and approval of the Revitalization Area Design Review Committee (as established in Chapter 71, Bangor Center Revitalization Area, § 71-9, of the Code of the City of Bangor). [2] The applicant shall provide evidence acceptable to the City Engineer that the design and location of such a sign will not constitute a traffic hazard. [3] The sign shall either be not illuminated or indirectly illuminated and materials and colors shall harmonize with the exterior of the building and with buildings in the surrounding area. [4] Directory signs and parts thereof shall be set back at least two feet from any property line, and no variance will be permitted from this provision. [5] Such signs shall not exceed 50 square feet in area or 15 feet in height. [6] Directory signs must conform to the following dimension limits based on building size: [a] Maximum size. Building Gross Floor Area Maximum Sign Area (square feet) (square feet) 13-155 MAY 139 2013 0 to 9,999 12 10,000 to 39,999 36 40,000 or more 50 [b] Maximum height. Number of Stories in Building Maximum Sign Height (feet) 0to2 8 3to5 12 6 or more 15 (10) Freestanding signs. (a) Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. (b) Properties that are developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. (c) A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (11) Clocks. Time and/or temperature displays are permitted subject to the provisions of § 260-6E and I. Such displays shall be a minimum of 10 feet from the bottom of the display to the sidewalk and shall not exceed an overall total height of 15 feet. (12) Government buildings. Notwithstanding the restrictions above, buildings entirely occupied by local, county, state, or federal government agencies (or a combination thereof) are permitted to have one sign displaying the agency's seal, crest, logo, or name per side of the building facing a public way or parking lot. Said sign shall not exceed six feet high by six feet wide and may be placed anywhere on the building facade. F. BPD. 13-155 MAY 13, 2013 (1) All signs. (a) Maximum number of signs per business: 6 (b) Maximum area per one side of sign. 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 15 feet (c) Freestanding sign setback: [1] Front: 10 feet [2] Side: 5 Beet [3] Rear: 10 feet G. ADD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 (b) Maximum height of freestanding signs: 25 feet (c) Minimum freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet [3] Rear: 20 feet 13-155 MAY 13, 2013 (3) Signs in the ADD District shall comply with all applicable federal laws and regulations, as well as the following: (a) No signs may be erected which, through illumination at night or glare during the day, create a hazard for aircraft or vehicles. (b) The maximum allowable height for a roof sign shall be five feet measured from the point of the roof to which the sign is attached to the top of the sign. (c) No wall sign shall exceed a sign area of more than 10% of the gross wall surface upon which it is placed. H. UID; SPS; GCS; IS. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 800 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single Integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. 13-155 MAY 13, 2013 [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Minimum freestanding sign setback: [1] Front: 20 feet [2] Side: 10 feet [3] Rear: 10 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. I. GISD. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square feet. 13-155 MAY 139 2013 [2] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet [3] Rear: 20 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the flop of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. J. TS. (1) All signs. (a) Maximum number of signs per business: 4 (b) Maximum area per one side of sign: 150 feet (c) Maximum total sign area for all signs: 4 square feet per linear foot of business street frontage up to 400 square feet. If the amount of business street frontage cannot be reasonably determined, the average width of the business shall be used. (2) Freestanding signs. (a) Maximum number of freestanding signs: 1 [1] Integrated shopping centers (regardless of the number of buildings that meet the definition of "integrated shopping center" on a single lot or within a planned group development) may have one freestanding sign at each access from a public way. Multiple structures on a lot or within a planned group development that meet the definition of an "integrated shopping center" shall be considered a single integrated shopping center. The maximum area of any one freestanding sign shall be 150 square feet. For those centers which have more than four establishments, an additional 16 square feet of area may be added to the freestanding sign for each additional establishment, up to a maximum of 200 square Beet. 13-155 MAY 13, 2013 [2] Properties developed as planned group developments pursuant to § 165-69 shall be permitted one freestanding sign per primary use building, provided that the sign is used to advertise a bona fide business conducted, product sold or activity permanently conducted in that primary use building, the sign does not advertise an accessory or support activity, the sign is located within 100 feet of the primary use building; and the sign is located a minimum of 100 feet from any existing freestanding sign. [3] A property shall be permitted to have two freestanding signs if the signs are on different street frontages and are 500 feet or more from each other. (b) Maximum height of freestanding signs: 25 feet (c) Freestanding sign setback: [1] Front: 20 feet [2] Side: 15 feet [3] Rear: 20 feet (3) Roof signs. A roof sign may be displayed in place of a wall sign and shall be subject to the same area limitation. The maximum allowable height for a roof sign shall be six feet from the point of the roof to which the sign is attached to the top of the sign. (4) Signs on canopies. Where a building is designed with a canopy projecting more than two feet from the face of the building, signs may be erected upon the canopy, provided that the signs do not exceed the sign height for that district and are included in the calculation of the allowable sign area. § 260-8. Electronic signs. A. Districts. Electronic signs are permitted in the GCS, SPS, USD, BPD, IS and GISD Districts, provided they meet all applicable standards, including those standards applicable to all signs. Electronic signs located in a Government and Institutional Service District may only"be located on major arterial streets as defined in § 165-13 of the Code of the City of Bangor. In all other districts, electronic signs are prohibited. B. Location. Only on -premises electronic signs are allowed, Messages identifying or advertising products, services, or events not available, offered, or held on the site of the sign are prohibited. C. Size. The electronic changeable portion of a sign is limited to 50% of the sign area allowed. D. Limitations. One electronic sign is allowed per zoning lot. E. Setback. Electronic signs must be at least 300 feet from the nearest property line of any lot zoned Urban Residential District -1, Urban Residential District -2, Multi -Family and Service, Low -Density 13-155 MAY 13, 2013 Residential, High -Density Residential, or Rural Residence and Agricultural, except that electronic signs erected in the Urban Service District must be set back a minimum of 50 feet from the nearest property line of any lot zoned URD -1, URD -2, M&SD, LDR, HDR, or RR&A. F. Duration. Each individual message must have a minimum display duration of no less than 20 seconds. Electronic signs erected in the Urban Service District message must have a minimum display duration of no less than 20 minutes. G. Messages. Messages must be static for the duration of each individual message. No part of the electronic sign shall blink, flash, rotate, scroll, change in illumination intensity, or otherwise change In outward appearance except when the electronic message is changed to another message. The transition from one message to another must take one second or less. H. Malfunction. Every electronic sign must be designed and equipped to automatically freeze the sign In a static display if a malfunction occurs. The electronic sign must also be equipped with a means to immediately discontinue the display if it malfunctions and the automatic device fails to freeze the sign. The sign owner must stop the display when notified by the City that it is not complying with the standards of this chapter. Failure to stop the display within 30 minutes of an attempt by the City to contact the owner shall be considered a violation under this section. I. Contact information. The owner of an electronic sign must provide telephone information sufficient to allow the City to contact, at any day and time, the owner or a representative with the authority and ability to stop an electronic sign display in the event of a malfunction. J. Brightness. (1) No electronic sign may be of such location, intensity, and/or brilliance so as to adversely Impact the vision of a motor vehicle driver with average eyesight or otherwise interfere with the driver's operation of a motor vehicle. (2) No electronic sign may be of such location, intensity, and/or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. (3) The message area of an electronic sign may be illuminated by incandescent lamps, LEDs (light emitting diodes), or magnetic discs. (4) Undue brightness is prohibited. For purposes of this provision, "undue brightness" means illumination of any portion of the sign in excess of 7,500 nits during the day, or 500 nits at night. (5) An electronic sign capable of producing brightness levels in excess of 500 nits must have a phased proportional dimmer, which must automatically reduce nighttime brightness levels to 500 nits or below. Prior to the issuance of a permit for an electronic sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above, and that the intensity level is protected from end-user manipulation by password -protected software or other method as deemed appropriate by the Code Enforcement Officer.