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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 1�\-i1i1�+1R \�ll�► lull 1\-�+�1•Ill7. i�l•\' 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 U 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.