HomeMy WebLinkAbout2016-04-11 16-146 ORDINANCECOUNCIL ACTION
Item No. -16-146
Date: April 11, 2016
Item/Subject: ORDINANCE, Amending the Code of the City of Bangor, Chapters 234, Public
Property, and 260, Signs, By Allowing Downtown Banners and Extending the
Time Limit for Nonconforming Signs
Responsible Department: -Community and Economic Development
Commentary: This ordinance amendment seeks to clarify a number of provisions in the sign
code including downtown seasonal and promotional banners and extend the time that
nonconforming signs may be replaced.
Currently, the city code specifically allows banners to be put up downtown above streets and
sidewalks provided that the banners either advertise activities of a nonprofit organization or be
approved by the City Council. State law, prohibits any signs or banners in the right of way
which are not municipal. In practice the City has followed state law and banners have only been
used for city events such as the Cool Sounds concert series. This ordinance amendment
proposes to clarify that banners can only be placed in the right of way to advertise city events
in conformance with State law. Another proposal is remove the 14 day restriction. Many of the
events that occur in the city, such as Cool Sounds, extend through a season. If this ordinance
amendment is approved, the 14 day restriction would be removed.
Often the City has sponsors for events such as Cool Sounds. If approved, the amendments
would allow for acknowledgement of sponsors of these signs, add standards regarding
advertising, logos, and public safety, and would move all sign standards into one place in the
sign code.
Finally, this ordinance amendment would also extend the amount of time that a nonconforming
sign can be replaced after the sign has been removed to 36 months, from the current 12 month
limit. The sign still must be removed within 30 days of a business ceasing operation, but a new
sign can now go up on the same sign structure within 36 months, instead of 12.
Department Head
Manager's Comments: &,Lq
r r I A l
City Manager
Associated Information: Ordinance
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
x First Reading
x Referral to the
Business and Economic Development Committee on April 19, 2016
16-146
APRIL 11, 2016
Assigned to Councilor Nealley
CITY OF BANGOR
TED.
ORDINANCE, Amending the Code of the City of Bangor, Chapters 234, Public Property, and 260,
Signs, By Allowing Downtown Banners and Extending the Time Limit for
Nonconforming Signs
WHEREAS,, the only banners traditionally put up over City rights-of-way are seasonal and promotional
banners put up by the City;
WHEREAS,, the City wishes to prevent the proliferation of signs and banners in City rights-of-way in
order to avoid distraction and obstruction of vehicular travelers and pedestrians;
WHEREAS,, the right to use a nonconforming sign is currently discontinued after twelve months; and
WHEREAS., it can take landlords considerably longer than twelve months to find new tenants for
vacant buildings;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 234 of the Code of the City of Bangor be amended as follows:
§ 234-3 Displays over sidewal an flags and bonne
No person, firm or corporation shall hang or cause to be hung any goods or other things over any
sidewalk or suffer any spout to leak water on the same over the head of any person or hang, fasten or
suffer to be hung or fastened from any building or lot owned by or in possession of said person, firm
or corporation, or hang, fasten or affix to any building owned or in possession of others, any flag or
banner of any description which shall project over any street or sidewalk, unless permitted to do so by
the Code Enforcement Officer of the City of Bangor. No sue -h flag or banner shall be permittW without
I
FepFesenWye, a deseriptlen ef the pFepesed leeatien e* the flag er banner and tlie Fnessage te be
displayed theFeen.
A. installatien and Femeval. " flag eF banneFin the eenditien pemnitted heFeundeF Shall only -be
installed eF remeyed by empleyees ef the Publie SeMees DepaOment. The exact leeatien, height
and method ef installatien shall be eempletely within the diseFetien ef the DiFeeter ef Publie-
Sewiees-, whe shall, as mueh as 'is Feasenably pessible, meet the desims ef the appli-eant. Ne
TRIS
er banneF shall be installed in sueh a manneF as te eenstitute a hazard te the tmYeling pubH
eause an eWdpuetien te any tFaffie sign eF signal. All eests ineuFmd by tM City by Feasen of said
IN CITY COUNCIL
APRIL 11, 2016
FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENT
COMMITTEE MEETING ON APRIL 19, 2016
swd
IN CITY COUNCIL
APRIL 25, 2016
MOTION MADE AND SECONDED FOR PASSAGE
VOTE; 9-0
COUNCILORS VOTING YES; BALDACCI, DURGIN, GRAHAM, NEALLEY, NICHOLS,
PERRY, PLOURDE, SPRAGUE, FAIRCLOTH
COUNCILORS VOTING NO; NONE
PASSED
CITY CLERI
16-146
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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:
§ 260-12 Signs allowed without a permit.
The following off -premises signs may be erected and maintained without a permit from the Cale
Enforcement Officer:
E. Downtown seasonal and promotional banners. grovided that:
U
The banners may only
be erected within a 12ublic right-of-way
in the designated Downtown
Tax Increment Financing District area, as approved by theatyCouncil
and acceptgd W the
?
Mate of Maine. The banners
The banners must be
are not subject to the requirements of § 260-6(I).
owned and erected by the City of Bangor. and shall be reviewed and
authorized by the Cb
Banners advertising specific
Each banner may have
Council.
commercial establishments
the logo and/or name of a sponsoring
are prohibited.
organization. The loan and/or
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name may not take up
No banner shall be installed,
more than 20% of the sign area.
maintained, or allowed to remain
in a manner as to constitute a
hazard to the traveling
oublic or cause an obstruction to_an_y
traffic sign or signal. The
Director of Public Works may cause such a banner to be
removed
at his or her discretion.
§ 260-14 Signs over public street or sidewalk.
16-146
APRIL 11, 2016
No off -premises sign shall be suspended over any public street or sidewalk, with the exception of a fft
or banner as provided in §260-12(E) of this Code.
§ 260-17 Nonconforming signs.
Any sign which was lawfully erected and which fails to comply with the requirements of this chapter or
any sign which legally exists but fails to meet the requirements of this chapter as the result of a future
amendment to this chapter is a nonconforming sign. It is the intent of this section to strongly disfavor
nonconformities and to encourage their elimination; however, it is also the intent of this section to
treat nonconformities fairly and realistically by allowing certain ameliorative changes. Therefore,
nonconformities may continue subject to the following conditions:
A. Increases prohibited. Nonconforming signs shall not be expanded, enlarged in any dimension,
relocated, or otherwise moved, except as permitted by § 260-61 of this chapter. Upon issuance of
a sign permit from the Code Enforcement Office, the face of a nonconforming sign may be
changed, provided that the nonconforming aspects of the sign are not increased.
B. Restoration of nonconforming sign prohibited. If any nonconforming sign is destroyed or if any
sign is discontinued for 42 36 consecutive months, the right to continue it shall terminate,
regardless of the owners intent to retain the nonconforming sign.
C. Repairs. Ordinary repairs and maintenance of nonconforming signs are permitted.
Additions are underlined.