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HomeMy WebLinkAbout2012-07-23 12-249 ORDINANCECOUNCIL ACTION Item No. 12-24 Date: July 23, 2012 Item/Subject: Ordinance, Amending Chapter 260, Signs, of the Code of Ordinances, specifically amending Chapter 260-7, Electronic Signs Responsible Department: Legal Commentary: This will amend Chapter 260 of the Codified Ordinances by providing for the installation of electronic signs in the Urban Service District (USD). Electronic signs are currently allowed in the General Commercial and Service, Shopping and Personal Service and the Industry and Service Districts. Further, electronic signs are also allowed in the Government and Institutional Service District if they are located on major arterial streets. If approved this proposed ordinance amendment would allow electronic signs in the Urban Service District (USD), subject to all the requirements of electronic signs, with the following exceptions: electronic signs must be setback 50' from residentially zoned lots, may not change more than once every 20 minutes, may only display text, and must not change at all after dark. This proposal was recommended for approval by the BED at its July 16, 2012 meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Finance Director N.OEM 0 6 1 Page _ of _ Assigned to Councilor Longo CITY OF BANGOR AS AMENDED 12-249 JULY 23, 2012 (TITLE.) Order, Amending Chapter 260, Signs, of the Code of Ordinances, specifically amending Chapter 260-7, Electronic Signs. Be it ordained by the City Council of the City of Bangor that.• Chapter 260, Article II § 260-7, Electronic Signs, of the Code of the City of Bangor is hereby deleted and replaced in its entirety with the following: § 260-7. Electronic signs. A. Districts. Electronic signs are permitted in the GCS, SPS, IS, J D 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 Residential, High -Density Residential, or Rural Residence and Agricultural, excegt that electronic signs erected in the Urban Service District must be setback a minimum of 50 feet from the nearest propeft properline 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 minimum display duration of no less than twenty (20) minutes AS AMENDED 12-249 JULY 23, 2012 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. 1. 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. Note: Additions are underlined COUNCIL ACTION Item No. 12-24 Date: August 13, 2012 Item/Subject: Ordinance, Amending Chapter 260, Signs, of the Code of Ordinances, specifically amending Chapter 260-7, Electronic Signs Responsible Department: Legal Commentary: This will amend Chapter 260 of the Codified Ordinances by providing for the installation of electronic signs in the Urban Service District (USD). Electronic signs are currently allowed in the General Commercial and Service, Shopping and Personal Service and the Industry and Service Districts. Further, electronic signs are also allowed in the Government and Institutional Service District if they are located on major arterial streets. If approved this proposed ordinance amendment would allow electronic signs in the Urban Service District (USD), subject to all the requirements of electronic signs, with the following exceptions: electronic signs must be setback 50' from residentially zoned lots, may not change more than once every 20 minutes, and must not change at all after dark. At its August 6th meeting, the BED Committee recommended removing the requirement for text only. Therefore this item should amended by substitution. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Page _ of epartment Head City Manager Finance Director City Solicitor Assigned to Councilor Longo CITY OF BANGOR 12-249 JULY 23, 2012 (TITLE.) Ordinance, Amending Chapter 260, Signs, of the Code of Ordinances, specifically amending Chapter 260-7, Electronic Signs. Be it ordained by the City Council of the City of Bangor that.• Chapter 260, Article II § 260-7, Electronic Signs, of the Code of the City of Bangor is hereby deleted and replaced in its entirety with the following: § 260-7. Electronic signs. A. Districts. Electronic signs are permitted in the GCS, SPS, IS,Imo. Q, 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 Residential, High -Density Residential, or Rural Residence and Agricultural, except that electronic signs erected in the Urban Service District must be setback 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 twenty (20) minutes and may not change after dark. 12-249 JULY 23, 2012 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. Electronic signs erected in the Urban Service District may only display text messages. 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. I 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. Note: Additions are underlined IN CITY COUNCIL July 23, 2012 Fir t Reading CITY AMER& IN CITY COUNCIL AUGUST 13, 2012 MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION ORDINANCES, AMENDMENT PASSED MOTION MADE AND SECONDED FOR PASSAGE OF ORDINANCE 12-249 AS AMENDED VOTE; 9-0 COUNCILORS VOTING YES; BALDACCI, BLANCHETTE, DURGIN, GALLANT,' GRATWICK, LONGO, HAWES, SPRAGUE, WESTON COUNCILORS VOTING NO; NONE PASSED CITY CLERK aol!ouno3 of peuBlssb Cxuu)