HomeMy WebLinkAbout2009-10-26 09-320 ORDINANCECOUNCIL ACTION
Item No. Q9 320
Date: 10-26-2009
Item/Subject: Ordinance, Amending Chapter 260, Signs, of the Code of Ordinances and Enacting a
new Chapter 260-7, Electronic Signs.
Responsible Department: Legal
Commentary:
Some months ago, the City brought a proposed ordinance regulating electronic signs to the
Infrastructure Committee. Electronic signs are currently governed by state law, which allows their
message to change no more than once every 20 minutes. The proposed ordinance would create a
comprehensive regulatory scheme for electronic signs, allowing them to change as often as once every
20 seconds and implementing various other provisions.
This addition to the sign ordinance prompted City staff to undertake a consolidation and revision of the
sign ordinance as a whole in order to update and simplify it. The revised ordinance is significantly
shorter than the original and includes the new section on electronic signs.
Changes to the ordinance include the consolidation and simplification of: setback requirements, number
of signs allowed, sign area allowed, and sign height allowed; provision for a second freestanding sign for
certain large developments with access from more than one street; changes to the time within which a
sign must be taken down after a business vacates a building; addition of the electronic signs section; and
a host of minor changes to resolve conflicts and reduce confusion.
Department Head
Manager's Comments:
This has been discussed on a number of occasions by the Infrastructure C � ittee��
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
X First Reading Page _ of _
X Referral to Infrastructure Committee, 11-3-09 @ 5 p.m.
09 320
Assigned to Councilor - Blanchette
"w October 26, 2009
CITY OF BANGOR
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(TITLE.) Ordinance, Amending Chapter 260, Signs, of the Code of Ordinances, and Enacting
Chapter 260-7, Electronic Signs.
WHEREAS, the City of Bangor's sign ordinance has not been comprehensively updated in
many years; and
WHEREAS, said sign ordinance has a number of conflicts and confusing elements; and
WHEREAS, electronic signs are becoming popular and beginning to be seen in Bangor; and
WHEREAS, these considerations have prompted the City to revise its sign ordinance and add
a section governing electronic signs;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 260, Articles I and II of the Code of the City of Bangor are hereby deleted and
replaced in their entirety with the following:
ARTICLE I, General Provisions
§ 260-1. Definitions.
For the purposes of interpreting this chapter, the following terms, phrases, words and their
derivatives shall have the meanings given herein:
APPLICANT -- A person requesting that a sign permit be issued.
ARCADE SIGN -- An on -premises sign attached to the underside of the soffit or ceiling of an
arcade or covered walkway.
CODE ENFORCEMENT OFFICER -- The Code Enforcement Officer for the City of Bangor or his
or her authorized agent.
DIRECTORY SIGN -- An on -premises freestanding sign listing the names and/or addresses of
at least four or more separate businesses located within a single building with each listing
limited to a nameplate sign not exceeding two square feet in area (on sign face).
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DISTRICT and LAND DEVELOPMENT CODE -- The districts established under the Land
Development Code of the City of Bangor in Chapter 165 of the Code of the City of Bangor.
ELECTRONIC SIGN — An on -premises freestanding sign with text and/or graphics changeable
by electronic signal.
ERECT -- To build, construct, enlarge, display, relocate, attach, hang, place, suspend or affix
any sign, or to change the face of an existing sign other than the remotely changeable portion
of an electronic sign. This includes the painting of exterior wall signs or window signs.
FLASHING SIGN -- A sign, the illumination of which is not kept constant in intensity at all
times when in use, including signs which are illuminated by or contain flashing, intermittent or
moving light or lights. Illuminated signs that indicate the time, temperature, weather or other
similar information shall not be considered flashing signs provided that the total surface area
does not exceed 66 square feet and the vertical dimension of any letter or number is not more
than 24 inches.
FREESTANDING SIGN -- A sign supported by itself, by one or more uprights, poles, braces or
wheels placed in or on the ground or by a structure other than a building.
HIGH-RISE BUILDING -- A building with seven or more stories above grade.
HOME OCCUPATION — As defined in the Land Development Code, § 165-13.
ILLUMINATED SIGN -- A sign that has characters, letters, figures, designs or outlines
illuminated by electric lighting or luminous tubes which are part of the sign or by an internal
light source.
INDIRECTLY ILLUMINATED SIGN -- A sign which is illuminated entirely from an external
source.
INDUSTRIAL OR COMMERCIAL PARK -- An industrial or commercial development in an
approved, self-contained subdivision with three or more lots serviced by a cul-de-sac or loop
road totally contained within it.
INDUSTRIAL OR COMMERCIAL PARK DIRECTORY SIGN -- A freestanding sign identifying
three or more occupants of the park. No such sign shall advertise goods and services provided
on the premises.
INTEGRATED SHOPPING CENTER -- Four or more separate but contiguous retail stores with
common off-street parking under single or common management.
NAMEPLATE SIGN -- A non -illuminated sign, the area of which does not exceed two square
feet, which states one or more of the following: the name of the building, the name of any
occupant or the address of the building.
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NONCONFORMING SIGN -- A sign that was lawfully erected but which now fails to comply with
the requirements of this chapter.
OFF -PREMISES SIGN -- A sign that directs attention to a business, profession, product, service,
political campaign, entertainment, merchandise or goods not conducted, sold, present or
offered upon the premises where such sign is located.
PERSON -- Any individual, corporation, joint venture, partnership or other legal entity.
PREMISES -- The lot or parcel of land used in the active conduct of a business, service,
profession or activity, including but not limited to structures, driveways, parking lots, storage
areas, landscaping, and loading areas.
PROJECTING SIGN -- A sign attached to a building wall and which extends more than 15
inches from the surface of such wall.
ROOF SIGN -- A sign attached to a building and displayed above the eaves of such building.
ROTATING OR MOVING SIGN -- A sign that turns, rolls or otherwise moves, or gives the
appearance of turning, rolling or otherwise moving. Signs that electronically or mechanically
display the time and temperature by the complete substitution or replacement of a display
showing the time with a display showing the temperature are not considered rotating or
moving signs.
SIGN -- Any name, symbol, trademark, identification, description, display, illustration, device
or reading matter which may be viewed from off premises and is used or intended to be used
to attract the attention of or convey information to the general public. The supporting
structure of the sign may be considered to be a part of the sign but shall not be considered to
be part of the sign area. A sign shall include writing, representation or other figure of similar
character within a building only when illuminated and located in a window.
SIGN AREA -- The total exposed surface of the sign, including all ornamentation,
embellishment, background and symbols but excluding the supporting structure if it does not
form a part of the message of the sign, measured in square feet. The sign area of a sign
composed of characters or words attached directly to a large, uniform building wall surface
shall be the smallest rectangle which encloses the whole group. For back-to-back faces of on -
premises signs, only one display face shall be included in computing total sign area where the
sign faces are parallel and the faces duplicate one another.
SUPPORT STRUCTURE -- Any rigid or semi-rigid material situated upon or attached to, or
which is a part of, real property upon which a sign may be posted or displayed.
TEMPORARY SIDEWALK SIGN -- A sign not permanently attached to a building or sidewalk
which is removed nightly and provides information regarding goods and services provided on
the adjacent premises.
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WAIL SIGN -- Any sign painted on or attached parallel to the wall surface of a building and
projecting therefrom not more than 15 inches.
WINDOW -- An opening in the wall of a building containing transparent or translucent
materials, such as glass.
WINDOW SIGN, PERMANENT -- Any on -premises sign visible from the exterior of the building
or structure which is permanently painted, attached, glued or otherwise affixed to a window.
§ 260-2. Compliance required.
Any person, firm, association, or corporation that erects any sign in the City of Bangor must do
so in accordance with this chapter and only after obtaining a permit to do so from the Code
Enforcement Officer except in those instances where the requirement for a sign to be
permitted is specifically exempted elsewhere in this Chapter.
§ 260-3. Permit procedure.
A. Application for sign permit. Application for a sign permit shall be made and signed by the
applicant or his or her agent using forms prescribed and provided by the Code Enforcement
Officer. When the applicant is any person other than the owner or tenant of the property
where the sign is to be located, the application shall also be signed by the owner or tenant
of that property or his or her agent. The application shall be accompanied by the required
application fee; plans drawn to scale showing the dimensions of the sign, the position of
the sign in relation to nearby buildings or structures, the location of the premises or land
upon which the sign is to be erected and the method of illumination, if any; and such other
information as the Code Enforcement Officer shall require to show full compliance with this
chapter and all other laws and ordinances of the City of Bangor.
B. Expiration. If the work authorized by the permit is not completed within six months from
the date of issuance, the permit shall be null and void.
§ 260-4. Requirements applying to all signs.
The following regulations shall apply to signs in all districts:
A. Erecting signs.
(1) Each separate establishment in a building shall be treated as separate premises in
determining the allowable sign dimensions and number of signs.
(2) Every projecting sign attached to the wall of any building above a sidewalk, driveway
or private or public parking area and every freestanding sign in such area shall be
required to maintain a clearance of at least 10 feet between the bottom of such sign
and the ground level.
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(3) A sign shall not be erected on, attached to, or in any other manner affixed to or
painted or drawn upon any tree, rock, other natural feature, or any utility pole.
(4) No sign shall be indirectly illuminated so as to cause light to shine onto adjacent
properties or into any public right-of-way.
(5) A sign shall not obstruct a motorist's vision of an official traffic signal.
(6) Wall signs shall not be attached to or obstruct any window, door, stairway or other
opening intended for ingress, egress or for ventilation or light.
B. Maintenance.
(1) All signs and their supporting structures shall be properly maintained to prevent rust,
rot, peeling or similar deterioration.
(2) Wall signs must be painted at least every five years. A permit must first be obtained
for such repainting.
(3) Any sign which advertises a business, activity or campaign no longer conducted or
product no longer sold on the premises shall be taken down and removed by the
owner, agent or person having control of the premises or land upon which such sign is
erected within 30 days of the closure of the advertised entity or within 30 days after a
written notice from the Code Enforcement Officer stating that such sign must be taken
down and removed, whichever occurs first. A supporting structure for a sign need not
be removed. For purposes of this provision, a turned -off electronic sign is considered
a supporting structure.
C. Prohibited signs.
(1) A sign visible from a public street shall not simulate, by wording or shape and color,
any municipal or state highway sign, emergency sign, traffic control sign or railroad
crossing sign if such sign, in the opinion of the Code Enforcement Officer, will
constitute a traffic hazard.
(2) Business directional signs, as provided for by the Maine Travelers Information Service
Act (23 M.R.S.A. §§ 1901 through 1925), are not permitted in any public way within
the City of Bangor.
(3) Flashing or rotating signs are prohibited in the City of Bangor, except insofar as the
sign is considered an electronic sign meeting the requirements of § 260-6.
§ 260-5. Signs exempt from permit.
Permits are not required for the following signs:
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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.
ARTICLE II, On -Premises Suns
§ 260-6. On -premises suns.
A. On -premises signs must meet the overall standards and limitations of the zoning district in
which they are located in accordance with the following:
MAXIMUM MAXIMUM FREESTANDING
ZONING SIGNS FREE STANDING SIGNS TOTAL SIGN SETBACK
PER
DISTRICT BUSINESS SIGN AREA FRONT SIDE REAR
URD -1; URD -2;
LDR; HDR; MSD;
RRA;PO
NSD
USD
1
NUMBER HEIGHT MAXIMUM ALL SIGNS
AREA
PER ONE
SIDE
1 15 24 24 10 5 10
4 1
4 1
15 40
25 150
GISD;TS;ADD 4 1 25 150
4 sf/linear
foot of
business
street
frontage up
to 150 sq.
ft.
4 s.f./linear
foot of
business
street
frontage up
to 800 s.f.
4 s.f/linear
foot of
business
street
frontage up
to 400 s.f.
10 5
10 5
20 15
10
10
20
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4 s.f./linear
foot of
business
street
frontage up
SPS;GCS;UID;IS 4 1 25 150 to 800 s.f. 20 10 10
See
separate
provisions
W DD; DDD below
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 in a
site with at least three buildings 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 a 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.
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(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 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 subsection § 260-6(E) may extend up to 72
inches into the public way.
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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 D(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.
K. Special provisions for certain zoning districts.
(1) In the URD -1, URD -2, LDR, HDR, M & SD, RR & A, and P & 0 Districts, on -premises
wail, projecting, or freestanding signs may be directly or indirectly illuminated, except
for signs allowed under subsection C, which may not be directly illuminated, or
subsection D, which may not be illuminated.
(2) If the amount of business street frontage cannot be reasonably determined in the
NSD, USD, GISD, TS, ADD, SPS, GCS, UIQ, and IS zones, the average width of the
business shall be used.
(3) In the NSD, USD, GISD, TS, SPS, GCS, UID, IS, and WDD zones, the following
provisions apply:
(a) Multiple freestanding signs.
(i) 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.
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(ii) Properties situated in the USD, SPS, GCS, TS, IS, UID, and WDD districts
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.
(iii) 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) 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.
(c) Window signs. Permanent window signs in all but the WDD district shall comply
with all applicable requirements set forth in Subsection A, shall be included in the
computation of allowable sign area of a premises and shall not exceed 20% of
the window area on a street frontage of a premises.
(d) Signs on canopies. In all but the WDD District, 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.
(5) 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.
§ 260-7. Electronic Signs
A. Districts. Electronic Signs are permitted in the GCS, SPS, 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 Section 165-13 of the Code of the City of
Bangor. In all other Districts Electronic Signs are prohibited.
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EB. 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.
BC. Size. The electronic changeable portion of a sign is limited to 50% of the sign area
allowed.
ED. Limitations. One Electronic Sign is allowed per zoning lot.
FE. 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.
GF. Duration. Each individual message must have a minimum display duration of no less than
20 seconds.
HG. Messages. Only tex, eerperate leges, and sifnilaF leges feF nen eeFpeFate entities ma
be displayed on the . 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.
1H. 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
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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 ordinance. Failure to
stop the display within thirty minutes of an attempt by the City to contact the owner shall
be considered a violation under this section.
41. 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.
KJ. 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 7500 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 pre-set 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.
§ 260-8. Downtown Development and Waterfront Development Districts.
Every on -premises sign in the Downtown Development and Waterfront Development Districts
that requires a sign permit shall comply with the following regulations:
A. 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
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building not subject to the lease, the applicant must provide written permission from the
property owner to erect the sign.
B. Horizontal wall signs.
(1) 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.
(a) Any storefront or business located on the first floor shall place its horizontal wall
sign below the second floor window sill.
(b) 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.
(2) 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.
(3) Horizontal wall signs shall be attached to and parallel to the building and shall not be
painted directly on the surface of the building.
(4) The horizontal use of channel letters is permitted to constitute a horizontal wall sign.
C. Vertical wall signs.
(1) In lieu of a horizontal wall sign, a business may erect one vertical wall sign.
(2) Maximum width: three feet.
(3) Vertical wall signs shall be attached to and parallel to the building and shall not be
painted directly on the surface of the building.
(4) The vertical use of channel letters is permitted to constitute a vertical wall sign.
D. Window signs.
(1) Each business shall be permitted one window sign facing on each public right-of-way
or public parking area on which it fronts or has a public entrance; however, hours of
operation, credit card decals, and the name of the business located within may be
placed on a door window, provided said lettering or decals do not exceed six inches in
height. Such lettering or decals shall not be charged against a business's total allowed
sign area.
(2) Maximum height: three feet for the total sign; 12 inches for individual letters.
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(3) No single window sign may cover more than 10% of the transparent portion of a
window. No window may be more than 25% covered by signs.
(4) A temporary window sign is permitted pending approval of a permanent sign by the
Historic Preservation Commission or Design Review Committee, provided that it
complies with the standards above and is on display not more than 45 consecutive
days.
E. Projecting signs.
(1) 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.
(2) Maximum height: three feet.
(3) 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.
(4) Projecting signs shall not be located above the second floor window sill.
F. Awning signs. A business may have a sign incorporated into an awning in lieu of a
horizontal or vertical wall sign.
G. Flags and banners,
(1) A business may have a flag in lieu of its projecting sign. 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.
(2) 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.
(a) All banners shall not be less than 10 feet above the sidewalk.
(b) Banners may project up to five feet from the face of a building.
(c) 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.
H. Roof signs are prohibited in the Downtown Development and Waterfront Development
Districts.
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I. Sign area.
(1) 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 1 1/2 square feet per one foot of linear business frontage facing that right-of-
way or public parking lot.
(2) 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.
(3) The total area of all signs for all businesses on a side of a building shall not exceed
800 square feet per lot.
(4) If the amount of business street frontage cannot be reasonably determined, the
average width of the business shall be used.
3. Directory signs.
(1) 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 in the
Downtown Development and Waterfront Development Districts is entitled to a
directory sign regardless of the number of businesses in the planned group
development.
(2) All freestanding signs authorized under this provision shall be subject to the following
conditions:
(a) 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).
(b) 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.
(c) 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.
(d) 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.
(e) Such signs shall not exceed 50 square feet in area or 15 feet in height.
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(f) Directory signs must conform to the following dimension limits based on building
size:
Building Gross Floor Area
(Square feet)
0 to 9,999
10,000 to 39,999
40,000 or more
Maximum Size
Maximum Height
Number of Stories in Building
0 to 2
3to5
6 or more
Maximum Sign Area
(Square feet)
12
36
50
Maximum Sign Height
(feet)
8
12
15
K. Clocks. Time and/or temperature displays are permitted in the Downtown Development
District and the Waterfront Development District subject to the provisions of Section 260-
6(E) 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.
L. 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.
§ 260-9. Temporary sidewalk (sandwich board) signs.
A. Quantity. One sign per establishment for each street frontage having a public entrance
shall be permitted provided that all dimension and location standards are met. When
standards do not permit more than one sign, a sign may consist of multiple listings.
B. Sign dimensions.
(1) Single listing.
(a) Maximum width: 30 inches, or less if necessary in order to retain five feet of
unobstructed sidewalk width perpendicular to the storefront.
(b) Maximum height: 40 inches to the top of the sign.
(2) Multiple listing.
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(a) Maximum width: 30 inches, or less if necessary in order to retain five feet of
unobstructed sidewalk width perpendicular to the storefront.
(b) Maximum height: 48 inches to the top of the sign.
C. Locational requirements.
(1) Minimum distance between signs: 12 feet.
(2) Minimum distance from side street or access drive intersection or side lot line: 15 feet.
(3) Under no circumstances shall signs obstruct access to vehicle stops, benches, fire
hydrants or other street furnishings.
(4) Sign location on sidewalks in the Downtown Development Zoning District, Waterfront
Development District, or Urban Service District. Any sign must be located in front of
the building, be set back at least two feet from the edge of the street, and leave at
least five feet of unobstructed sidewalk width perpendicular to the storefront.
(5) Sign location on esplanades in the Shopping and Personal Service and General
Commercial and Service Districts. Any sign shall be located in front of (or on) the
premises on which the enterprise advertised is located, but no sign shall be located
within 20 feet of the edge of frontage street pavement.
(6) Sandwich board signs shall only be located in the Shopping and Personal Service
District, General Commercial and Service District, Urban Service District, Waterfront
Development District and Downtown Development District.
D. Sign removal. All signs shall be removed nightly.
E. Permit sticker. No temporary sidewalk sign shall be permitted without approval from the
Code Enforcement Office and payment of the City's sign permit fee. A City -issued sticker
will be permanently attached to the top of the sign in an easily observable location. City
approval is for one year and must be reapproved each year.
F. Material and graphics. All signs shall be of an A -frame -type design, shall be constructed of
durable, weather -resistant material and finish, shall have no moving parts and shall be
nonelectrified. All signs shall be maintained in a neat and clean appearance. Sign materials,
graphics and finish shall be of a unified design and shall be compatible with local
streetscape. All signs shall have horizontal braces spanning each side of the sign to assure
rigid support. Lettering shall be legible and consistent.
G. Violations. In addition to any other penalty prescribed by this chapter, the City may
confiscate any sign found in violation of any provision of this section. Any sign confiscated
pursuant to this authority shall be returned upon payment to the City of a fee of $25
9 :320
provided that all other provisions of this section are complied with prior to return of the
sign.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 260, Section 260-17 of the Code of the City of Bangor is hereby amended as follows:
§ 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 § 260-5161 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 12 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.
D. Changes to nonconforming signs. The face of a nonconforming sign may be changed,
provided that the nonconforming aspects of the sign are not increased.
Additions are underlined, deletions stFuck thmuo.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 260, Section 260-19 of the Code of the City of Bangor is hereby enacted as follows:
6 260-19. Severability
The provisions of this Ordinance are hereby declared to be severable. If any provision. clause.
sentence, or paragraph of this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
provisions, clauses, sentences r paragral2hs or api2lications of this r in nce.
IN CITY COUNCIL
October 26, 2009
First Reading & Referral to
Infrastructure Committee Meeting
of 11%3%09 at 5 pm
E
IN CITY COUNCIL
November 9, 2009
Motion Made and Seconded for
Vote: 9-0
Councilors Voting
#09-320
(TITLE,) ;,. Chs= tar 960- Signs Of
the Code of Ordinances and Enacting a
neer Chapter 260-7 Electronic Signs
Passag
PAssigned to Councilor
Yes: Blanchette,
Bronson, Gratwick, Haves, Nealley,
Palmer, Stone, Weston & Wheeler
Councilors Voting No: None
Passed
TY CLERK