Town of Boothbay Harbor, ME
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor: Art. I, 5-5-1997 by ATM Art. 53; Art. II, 3-7-1983 by ATM Art. 58 (Art. 25 of the 1958 Ordinances). Amendments noted where applicable.]
[Adopted 5-5-1997 ATM Art. 53[1]]
[1]
Editor's Note: This article also repealed former Art. I, Miscellaneous Signs, adopted 3-5-1979 by ATM Art. 45, as amended.

§ 146-1 (Reserved) [1]

[1]
Editor's Note: Former § 146-1, Findings, was repealed 5-2-2005 by ATM Art. 67.

§ 146-2 Purpose.

[Amended 5-2-2005 by ATM Art. 67]
The purpose of this article is to provide for public safety and promote the general health and welfare of the inhabitants of the Town of Boothbay Harbor. This article will preserve the natural resources, the beauty of the Town, its countryside, economic attractions and the community as a whole.

§ 146-3 (Reserved) [1]

[1]
Editor's Note: Former § 146-3 Intent, was repealed 5-2-2005 by ATM Art. 67.

§ 146-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADVERTISING SIGN
Any sign, that conveys a message promoting a product, occupation, service, goods or event conducted or dispensed at a location.[1]
[Amended 5-2-2005 by ATM Art. 68]
AWNING SIGNS
A sign painted or otherwise made into or on a cloth, canvas or plastic window, covering awning or shade.
[Amended 5-2-2005 by ATM Art. 68]
BANNERS
Excluding awning signs, any type of sign constructed of or on cloth, canvas, plastic, vinyl, or any other similar material that conveys a message or advertisement.
[Amended 5-2-2005 by ATM Art. 68]
BILLBOARD
Any sign, structure, building or other surface, or combination thereof, used for advertising purposes exceeding the maximum size sign for the district the sign is in.
[Amended 5-2-2005 by ATM Art. 68]
BUILDING FACE
The surface area of any side or any end of a building, including any surface area from the roof edges down to the ground or the surface of a dock, including trim or the area of a facade, or any deck and porch railings.
[Amended 5-6-2002 by ATM Art. 20; 5-2-2005 by ATM Art. 68]
BUSINESS SIGN
Any sign or trademark attached or otherwise, that directs attention to and/or announces a place of business, service, or home occupation. It is not the intent of this definition to override the definition of an identification sign.
[Amended 5-2-2005 by ATM Art. 68]
CLUSTER SIGN
Any group or collection of business or advertising signs installed or mounted in a single location.
[Amended 5-2-2005 by ATM Art. 68]
DIRECTIONAL SIGN
Any sign or device that directs the public to a particular location or event.
[Amended 5-2-2005 by ATM Art. 68]
FREESTANDING
Any sign not mounted or attached to a building, structure, craft or vehicle. Freestanding shall include a sign supported by a post mounted in the ground or having leg(s) or a type of platform or brace that cause the sign to remain in position.
[Amended 5-2-2005 by ATM Art. 68]
IDENTIFICATION SIGN
A sign identifying the occupant's or individual's name and/or title.
[Amended 5-2-2005 by ATM Art. 68]
LOCATION SIGN
Any sign identifying a development, association, residential properties, estate, church or institution.
[Amended 5-2-2005 by ATM Art. 68]
MAJOR
Any change affecting 50% or greater of the surface area of a sign.
[Amended 5-2-2005 by ATM Art. 68]
MARQUES
Any sign designed or constructed to allow the message, letters, or symbols to be easily changed.
[Amended 5-2-2005 by ATM Art. 68]
MISCELLANEOUS SIGNS
Any sign commonly mass produced or commonly bought in retail stores, such as but not limited to hunting, trespassing, rent or lease, and for sale signs.
[Amended 5-2-2005 by ATM Art. 68]
PERPENDICULAR SIGNS
Any sign mounted opposite or perpendicular to or at right angles to the face of the building.
[Amended 5-2-2005 by ATM Art. 68]
POLITICAL SIGN
Any sign promoting a candidate or political party for public office or a sign containing a political message.
[Amended 5-2-2005 by ATM Art. 68]
PORTABLE SIGN
Any sign designed, constructed or erected and not permanently fixed to the ground or a structure.
[Amended 5-2-2005 by ATM Art. 68]
PROJECT SIGN
Those signs which are typical of a contractor's identification sign or a town, state or federal project sign that advertises or conveys construction or development information.
REAL ESTATE SIGN
A sign advertising the sale or lease of premises, land or building by the owner or licensed real estate business.
[Amended 5-2-2005 by ATM Art. 68]
SIGN
A sign shall be an area or part of any device, picture, word, letter or drawing placed on, in, attached to or made a part thereof; but is not limited to a post, frame, structure, boat, watercraft or vehicle, representative of, or with any intent of, which displays or includes any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking (including structures painted using fluorescent or glow colors) or any other representation used which is in nature or design an announcement, gives or states a direction or is an advertisement of a place or event or in any other way a visual or verbal means of directing one's attention to someone or something. It is not the intent of this definition to limit the customary marking or business name displayed on a vehicle in normal use. It is not the intent of this definition to include weather vanes or declarative designs in stain glass windows. No person shall place, mark or in any other way place or attach a sign to a vehicle or trailer continuously parked in or about a location with the intent to circumvent the requirements of this code.
SIGN AREA
The area within the longest horizontal and vertical span of a sign that can be drawn across the outside perimeter of a sign, excluding protective covering or base, provided that they are not used for advertising purposes. Exterior protrusions, symbols or other visual shapes greater than four inches may be calculated separately and added to the total sign area and type. Signs of the same type facing in the opposite directions (i.e., signs mounted back to back or double-sided) will be calculated using the larger of a single side. Signs created by using individual letters mounted to a building face shall be calculated using the average letter size of the word. It shall be permissible to consider a three-percent design tolerance acceptable when calculating the area of a sign.
WATERFRONT SIGN
Any sign mounted so as to be readable from a watercraft and mounted in an area within 50 feet of the high water mark or out over the waters of the harbor. Signs mounted on the side of a building within this area shall be considered waterfront signs. However, only one end of a building, structure or sign and one side of a building, structure or sign may be considered or interpreted as "waterfront" when calculating signage.
[Amended 5-2-2005 by ATM Art. 68]
WINDOW SIGN
Any sign placed or located that is visible in, on or through a door or window that promotes a business, service or product.
[1]
Editor's Note: The former definition of "architectural harmony," which immediately followed this definition, was repealed 5-2-2005 by ATM Art. 68.

§ 146-5 General standards.

[Amended 5-2-2005 by ATM Art. 69]
Unless otherwise noted, all signs within the limits of Boothbay Harbor must comply with a district standard first; if no district standard, the general standards shall apply. Prior to erecting a sign, a permit approving sign design, placement and illumination must be obtained from the Code Enforcement Officer.
A. 
Advertising signs. Advertising signs shall be located on the property used by the business offering the product or service. Unless otherwise noted, advertising signs will be limited to a maximum of six square feet in sign area per sign and no more than three signs per business.
B. 
Architectural harmony. Signs shall exhibit architectural harmony and shall be constructed or laid out so as to not dominate or obstruct other signs in the area.
C. 
Awning signs. Awning signs may be in addition to other signs; however, they may not project from the awning. Awning graphics or wording may be painted or affixed flat to the surface of the front or sides and may indicate only the name of the business or premises. Awning signs may not exceed the width of a window or combination of windows or doors. The actual wording, size or combination of letters cannot exceed the allowable sign area for that district.
D. 
A permit must be obtained from the Code Enforcement Officer for the placement of all banners. An application of a banner to be placed over a public way must provide documentation of insurance satisfactory to the Town, naming the Town as additional insured. The erection or placement of a banner shall be limited to a period not to exceed 30 days. Banners draped around a deck or porch may not exceed the height of the railing. For reasons stated, the Code Enforcement Officer shall have the authority to restrict the placement and size of any banner.
[Amended 5-3-1999 by ATM Art. 51;5-2-2005 by ATM Art. 70]
E. 
Billboards. Billboards are prohibited within the limits of Boothbay Harbor.
F. 
Business signs. Each business may have one business sign per business attached to its place of business, per street front. The sign may be perpendicular to the building and may be double-sided, provided that it does not project more than six feet from the building. Where there are more than two businesses in one building and that building is set back greater than 50 feet from a traveled way, said businesses may have a sign on the street front side of the building and may have a congregate sign of the permitted size at the street. Unless otherwise noted, all business signs are to be limited to six square feet in sign area. A sign must be placed so that its bottom edge is a minimum of 14 feet above any vehicle way and eight feet above any pedestrian way.
[Amended 5-3-1999 by ATM Art. 52]
G. 
Cluster signs. The use of cluster signs will be limited to the Meadow Business District, Downtown Business Districts and the Maritime/Water Dependent District and when there is more than one business on a lot or in a single building. These signs will be or are limited to one location sign per business and one business or identification sign per business, double-sided allowed. The total area of all business signs in the group may not exceed the total sign area for the district the sign is located in. The landlord will be responsible for allocating sign area or space among the tenants. The layout of the individual signs shall be neat and uniform in size, design and color.
[Amended 5-2-2005 by ATM Art. 71]
H. 
Directional signs. See Article II, Business Directional Signs, of this chapter.
I. 
Freestanding. Except for political signs, freestanding signs must be erected on the owner's property.
[Amended 5-2-2005 by ATM Art. 72]
J. 
Fees. With each sign permit application, there shall be a nonrefundable fee of the minimum fee, or the per-square-foot fee, paid per sign, as set by the Town Fee Schedule, pursuant to the Code of Boothbay Harbor, § 2-7B.
[Added 5-5-2012 by ATM Art. 26[1]]
[1]
Editor’s Note: This article also redesignated former Subsections J through Y as Subsections K through Z.
K. 
Height of sign. No sign may be mounted on the roof of a building or extend above the height of the roof of an adjacent building or structure. (In the case of where a facade extends above a roof, the sign may extend to the top of the facade but not above.) Unless otherwise noted, no part of a freestanding sign or its supports may extend more than 18 feet above the ground. Any sign or support extending over a pedestrian way must maintain a minimum of eight feet of clearance above the pedestrian way. Any sign or support thereof extending over a way utilized by vehicles must maintain a minimum of 14 feet of clearance above the vehicle way.
L. 
Identification signs. These signs may not be any larger than is needed to identify the occupant's name and any title using letters no larger than three inches in height.
M. 
Illumination. Unless otherwise noted or permitted in the district requirements, only fully shielded (to control the area of illumination), external, indirect or nonglaring lighting shall be permitted in all districts. The following signs are prohibited: internally lit signs, neon lights, kinetic or moving signs, whirligigs, streamers and rotating or flashing signs.
N. 
Language or wording. The construction, wording, marking or placement of words or designs on or in a sign may not be arranged or marked so they can be interpreted to mean, spell or indicate a word, profanity or phrase that is contrary or objectionable to the public.
[Amended 5-2-2005 by ATM Art. 73]
O. 
Location signs. Unless otherwise permitted, a location sign can be no larger than is 16 square feet.
P. 
Maintenance of signs. Any or all signs are to be maintained in a nonfaded, readable condition, providing a neat and orderly appearance.
Q. 
Nonconforming signs. Any or all signs found to be an imminent safety hazard will be removed by the owner or the owner's agent and at the owner's expense upon knowledge of the hazard. If the owner or an agent is not immediately available, any law officer or code enforcement officer may cause such hazard to be removed or corrected at the owner's expense. Notice: Any and all existing signs made nonconforming by the adoption of this code must be removed within five years of the adoption of this code.
R. 
Permit required. Except for real estate signs and temporary window signs, a sign permit shall be required from the Code Enforcement Officer before a sign is placed, erected or altered in the Town of Boothbay Harbor. The Code Enforcement Officer will review all submissions for compliance with the requirements of the town's codes. The Code Enforcement Officer shall forward all new and major alterations for cluster or congregate signs, project, development and locations signs to the Planning Board for review of compliance with this code before the Code Enforcement Officer may issue the permit. All submissions shall have a scaled drawing(s) no smaller than 1/2 inch equals one foot zero inches (preferably one foot equals one foot zero inches). The drawing shall show a front and rear view, cross section, type of materials, an indication of colors and include any molding or detailing. The drawings must show the proposed location of the sign, method of attachment and method and placement of illumination. The applicant shall consider the historical references to locations in the community while planning development signage.
[Amended 5-3-1999 by ATM Art. 53; 5-2-2005 by ATM Art. 74]
S. 
Perpendicular signs. Perpendicular signs may not exceed 16 square feet in size. All perpendicular signs must be held in place or mounted using metal support brackets. All bracket connections must either be welded or use self-locking fasteners. One perpendicular business, advertising or location sign may be installed in addition to the allotted freestanding or building signage.
T. 
Placement or location of signs. All signs must be placed on the owner's, tenant's or lessee's property. Signs may not be painted on the roof or side walls of any building. Signs may not extend beyond the edge of a building face in any direction except that a sign may be mounted on a facade, deck or ornamental railing. Signs may be hung from an overhang of the building. Perpendicular signs may not extend more than 6 feet from a building. Signs shall not be mounted on any roof surface with a slope of less than 45° or a 12/12 pitch. Signs shall not be mounted to cover any molding or building detailing, except the signs may be mounted on or within a building frieze board. Signs may not be placed in or on a vehicle or trailer in an attempt to circumvent the requirements of this code. Signs may not be placed so as to obstruct the flow or view of vehicular traffic. Signs may not obstruct a pedestrianway or their view of a roadway. Caution shall be taken when adding signage not to obstruct another sign. Except for the typical homeowner's trespassing and hunting signs, signs may not be mounted to or painted on any trees, utility poles or any natural feature. Unless otherwise noted, there shall be no off-premises advertising or business signs.
[Amended 5-3-2004 by ATM Art. 70]
U. 
Political signs. A political sign is permitted in any district, provided that it does not exceed the maximum allowable size for that district. Signs may not be placed so as to obstruct a public way or to cause a hazard to vehicular traffic. Political signs may not be installed on public lands more than 60 days prior to an election or event for which it is intended and shall be removed within seven days following the same election or event. Any person, organization or party placing a political sign on, in or over public land in or over a public way must first present to the Town Office identification of a person responsible for managing such sign(s).
V. 
Portable and seasonal signs. Portable signs intended for use on a regular or seasonal basis, may be permitted by the Code Enforcement Officer provided they meet the following standards:
[Amended 5-3-2004 by ATM Art. 71]
(1) 
Seasonal use:
(a) 
Portable signs can only be used or permitted in a business district or a property having a permitted home occupation or professional use.
(b) 
Portable signs may not exceed eight square feet or the footage allowed in that district, whichever is less in size. Other district standards still apply.
(c) 
Portable signs cannot be on or in or over a public way and must be setback a minimum four feet from a vehicle way and two-foot from a pedestrianway.
(d) 
Portable signs must be weighted or secured to stay in place.
(2) 
Single event (including small banners intended for a special event or one time use):
(a) 
May not exceed eight feet in length or height and cannot exceed 12 square feet in size, or the footage allowed in that district, whichever is less in size. Other district standards still apply.
(b) 
Cannot be installed more than 14 days prior to the event, and must be removed within 36 hours after the event.
(c) 
May not be placed within or over a public way.
(d) 
The Code Enforcement Officer shall have the authority to place conditions of approval on the placement and size of single-event signs consistent with the standards.
W. 
Project signs. All project signs must comply with any or all signage requirements. Contractor signs cannot conflict with the intent of a directional sign, contractor signs cannot exceed the allowable size and cannot advertise another location such as the contractor's business street address. City or town, phone numbers and an explanation of the contractor's expertise are permissible.
X. 
Public safety signs. Signs placed by public agencies relating to public safety and traffic control signs or devices are permitted in all districts without restrictions.
Y. 
Real estate signs. Real estate signs may not be more than six square feet in area. They may not be illuminated. There may be no more than one sign per broker (double-sided accepted) on any subject lot or property, per street or road frontage.
Z. 
Window signs. Window signs may not exceed more than 50% of the glass area.

§ 146-5.1 District standards.

A. 
General Residential District. In a General Residential Zoning District, business or advertising signs may not exceed five square feet in area. Identification signs, project signs, real estate signs and location signs are regulated by the general standards.[1]
[1]
Editor's Note: See § 146-5, General standards.
B. 
Special Residential District. In a Special Residential Zoning District, signs may not exceed five square feet in area. Identification signs, project signs, real estate signs and location signs are regulated by the general standards.[2]
[2]
Editor's Note: See § 146-5, General standards.
C. 
Resource Protection District. Unless otherwise noted, signs in a Resource Protection District may not exceed five square feet in area. Illuminated signs are prohibited.
D. 
General business district.
[Amended 5-1-2006 by ATM Art. 76]
(1) 
Maximum size (per side):
(a) 
Freestanding (street front): Any combination of business, advertising or location signs:
[1] 
North of Route 96, may not exceed a total of 64 square feet per lot.
[2] 
South of Route 96, may not exceed a total of 48 square feet per lot.
(b) 
Building face/sides:
[1] 
Business signs:
[a] 
North of Route 96. The maximum size shall not exceed 32 square feet or 1/2 the linear distance in square feet from the edge of pavement to the building, whichever is greater. The accumulated sign area of any group of signs, including multiple store fronts, may not exceed 20% of the building face.
[b] 
South of Route 96. The maximum size shall not exceed 32 square feet or 1/2 the linear distance in square feet from the edge of pavement to the building, whichever is greater. The accumulated sign area of any group of signs, including multiple store fronts, may not exceed 10% of the building side.
[2] 
Advertising signs:
[a] 
North of Route 96. Signs may not exceed 32 square feet per business.
[b] 
South of Route 96. Signs may not exceed 20 square feet per business.
[3] 
Option. A business may choose to combine the two sign types for a single sign equal to the total of both.
[4] 
Cluster or congregate signs:
[a] 
Location sign. North of Route 96, not more than a total of 32 square feet; south of Route 96, not more than a total of 16 square feet.
[b] 
Business or advertising signs. (North of Route 96, not more than a total of 64 square feet). (example: a one-foot by five-foot sign board multiplied by three rows multiplied by four signs equals 60 square feet); south of Route 96, not more than a total of 32 square feet. (Note: The use of a backing board to mount the individual sign boards on shall be permitted. However, the area of the board shall not exceed the area necessary to attach or support the individual sign boards.)
(c) 
Window signs:
[1] 
North of Route 96: unlimited.
[2] 
South of Route 96, 50% of window area, except that a seasonal sales event may exceed the 25%, however, only for a period of 21 days.
(2) 
Maximum height:
(a) 
Freestanding (including cluster signs): to the highest point of any part of the sign, support or covering.
[1] 
North of Route 96, maximum height of 18 feet.
[2] 
South of Route 96, maximum height of 14 feet.
[3] 
No sign may extend above the roof line of an adjacent building.
(3) 
Maximum width:
(a) 
Cluster or congregate signs:
[1] 
North of Route 96, no sign may exceed 16 feet in width.
[2] 
South of Route 96, no sign may exceed 12 feet in width.
(4) 
Lighting/illumination:
(a) 
Freestanding: see § 146-5, General standards.
(b) 
Building face: see § 146-5, General standards.
(c) 
Window signs: internally lit and neon signs permitted, see also § 146-5, General standards.
(5) 
Additional requirements: none.
E. 
Downtown business district.
(1) 
Maximum height:
(a) 
Freestanding: Except for civic banners, no sign may exceed 12 feet to the highest point of any part of the sign or support.
(2) 
Maximum size (per side):
(a) 
Freestanding (street front or waterfront):
[1] 
Business signs: no sign may exceed 32 square feet; limit one per business.
[2] 
Location signs: no sign may exceed 16 square feet; limit one per location.
[3] 
Advertising signs (including marques): No sign may exceed 8 square feet per sign or a total of 24 square feet per business.
(b) 
Building face or side:
[1] 
Business signs: There may be no more than one business sign per side for a total of 48 square feet or 15% of the building face, whichever is greater.
[2] 
Location signs: There may be no more than one location sign per side for a total of 32 square feet or 15% of the building face, whichever is greater.
[3] 
Advertising signs: Maximum of 10 square feet per sign and no more than 32 square feet total per side.
(c) 
Cluster or congregate signs:
[1] 
Location sign: no larger than a maximum of 32 square feet.
[2] 
Business or advertising signs: limited to a maximum of 25 square feet. (Example: a one-foot by five-foot signboard multiplied by five signs equals 25 square feet.) (Note: The use of a backing board to mount the individual signs boards on shall be permitted. However, the area of the board shall not exceed the area necessary to attach or support the individual sign boards.)
[3] 
Maximum width of a cluster sign shall not exceed eight feet.
(d) 
Waterfront signs (per building side):
[1] 
Business or location signs: limited to a maximum of 15% of the building face, no more than one of either sign per side.
[2] 
Advertising signs: limited to a maximum of 32 square feet and no more than 48 square feet total per side.
(3) 
Window signs (does not include a window display): limited to a maximum of 25% of the window area, except that a seasonal sales event may exceed the 25%, however, only for a period of 21 days.
(4) 
Lighting/illumination: see § 146-5L.
(5) 
Additional requirements: Except for the use of a perpendicular sign, no sign mounted on a building may protrude more than four inches from any part of the building surface.
F. 
Maritime/Water Dependent District:[3]
(1) 
Maximum height:
(a) 
Freestanding and cluster signs: Except for civic banners, no sign may exceed 16 feet to the highest point of any part of the sign or support.
(2) 
Maximum size (per side):
(a) 
Freestanding (street front):
[1] 
Business or location signs: a maximum total single or combination of 48 square feet.
(b) 
Building sides:
[1] 
Business signs: one business sign per side, a maximum of 48 square feet or 15% of the building face, whichever is greater.
[2] 
Location signs: 32 square feet or 15% of the building face, whichever is greater; maximum, one sign per side.
[3] 
Advertising signs: No sign may exceed a maximum of 10 square feet or a total of 32 square feet per side.
(c) 
Cluster or congregate signs:
[1] 
Location and business signs: a maximum of 84 square feet, individually or a combination of both. (NOTE: The use of a backing board to mount the individual sign boards on shall be permitted. However, the area of the board shall not exceed the area necessary to attach or support the individual sign boards.)
[2] 
Maximum width of a cluster sign shall not exceed eight feet.
(d) 
Waterfront signs (per building side):
[1] 
Business or location signs: a maximum of 15% of the building face, one of either type of sign per side.
[2] 
Advertising signs: a maximum of 32 square feet in size and no more than 48 square feet total per side.
(e) 
Window signs (does not include a window display): limited to a maximum of 25% of the window area, except that a seasonal sales event may exceed the 25%, however, only for a period of 21 days.
(3) 
Additional requirements: none.
(4) 
For pendendicular signs, use the general standards in this article.[4]
[Added 5-1-2000 by ATM Art. 28]
[4]
Editor's Note: See § 146-5, General standards.
[3]
Editor's Note: This subsection formerly addressed signs in the Eastside Business District, which district designation was changed with the enactment of the 1999 Land Use Ordinance. The designation has been changed in this chapter at the request of the Town.
G. 
Shoreline Zone. See § 170-101P, Signs.
[Added 5-1-2000 by ATM Art. 28]

§ 146-5.2 Exemptions.

A. 
Because of their significance to the community or the conveyance of public information, the following signs are exempt from these requirements: national, state and county flags, holiday decorations and banners, flags, the old gas pump in front of Gimbel's store, church and signs relating to church services, fraternal and veteran's organizations, the school sports scoreboards and the public announcement sign at the entrance to the schools, emergency services signs relating to emergency health care (hospital signs), public utility and highway maintenance signs, the time/temperature sign at the north intersection of Oak Street and Townsend Avenue and the "Welcome to Boothbay Harbor" sign south of the CMP substation. Also, because of their landmark value, Brown Bros. fisherman, Fisherman's Wharf's mill stone and the words "Trading Post" on the roof of the Trading Post building.
B. 
Also exempt are vending machines, pay phones and the public bulletin boards between the buildings on McKown Street, Townsend Avenue and Commercial Street; integral graphics or attached price signs on gasoline pumps and one price board per station, not exceeding 16 square feet and five feet in height; the "OPEN" or "SALES" flags no greater than 10 square feet; and sidewalk or outside displays of merchandise. It is not the intent of this chapter to prohibit commemorative plaques or other memorials. Also exempt are project signs controlled by state, Town or federal funding agencies (i.e., HUD and FmHA funding requirements for a project sign). Also exempt shall be temporary signs and banners related to civic events.
[Amended 5-6-2011 by ATM Art. 24]

§ 146-5.3 Violations and penalties.

A. 
Enforcement. If any enforcement officer finds that a provision of this chapter has been or is being violated, she/he will notify the owner or person responsible indicating the nature of the violation, the provision of this chapter that is being violated and order the action necessary to correct or abate the violation.
B. 
Violations. Any sign known or found to be in noncompliance with or to the requirements of this chapter or any other part, section or chapter of the Code of the Town of Boothbay Harbor is deemed a nuisance and a hazard to the health, safety and/or the welfare of the inhabitants and general public. Any such nuisance sign is a violation of the Code of the Town of Boothbay Harbor and is to be removed, corrected or abated at the time of such discovery or notice thereof.
C. 
Penalties. Any act made unlawful by this article or any violation of this article is punishable as set forth in Maine Law, 30-A M.R.S.A. § 4452, for each offense. Each day that such unlawful act or violation is allowed to exist or continue is a separate offense.

§ 146-5.4 Appeals.

In all cases, a party aggrieved by a decision of the enforcing offices, said party may file an appeal to the Board of Appeals within 30 days of the action complained of. The request for an appeal shall be filed with the Code Enforcement Officer. The appeals process shall be as prescribed in Chapter 170, Article XV, Section 109 of the Codes. It is not intended that the appeals process involving signs that cause a hazard to public safety delay or stay the removal requirement. The hazard must be removed while the appeal is being filed or is in process.
[Adopted 3-7-1983 by ATM Art. 58 (Art. 25 of the 1958 Ordinances)]

§ 146-6 Purpose.

This article is adopted for the regulation and restriction of business directional signs within the Town on public ways or on private property within view of a public way, in order to promote the safety, comfort and well-being of the users of public ways, both vehicular and pedestrian; to reduce distractions and traffic congestion; and to preserve or enhance the natural scenic beauty and other aesthetic features of town.

§ 146-7 Scope.

A. 
This article controls all business direction signs within the Town of Boothbay Harbor.
B. 
For the purpose of this article, a "business directional sign" is one which is located off the premises of the business and whose function is to direct the public to the specific location of the business.
C. 
Effective June 1, 1983 all business directional signs in Boothbay Harbor shall conform with this article. The Town of Boothbay Harbor shall have the right and responsibility to remove any business directional sign not in compliance after this date following 30 days' written notice to its owner.

§ 146-8 Specifications.

All business directional signs erected or in place after June 1, 1983, shall meet the following specifications:
A. 
The size shall be 36 inches long by six inches wide.
B. 
The lettering shall be three and three-eighths (33/8) inches high, three-eighths (3/8) inches wide, helvetica type.
C. 
The base shall be one-half-inch plywood overlay.
D. 
The color shall be dark green Signpainters Lettering Enamel in accordance with National Outdoor Advertising standards.
E. 
Paint. Green color is to be applied to all sides and edges of base (three coats) and used also for lettering.
F. 
Visibility. A four-and-five-eighths-inch wide reflectorized sheet (white) is to be used for the lettering background. This sheet will be tapered two and one-half (21/2) inches from the appropriate end to form the arrow at the left or right end where appropriate.

§ 146-9 Location.

A. 
Business directional signs shall be located within the highway right-of-way on approaches to intersections where travelers must change direction from one public way to another to reach the particular business.
B. 
A business shall not be permitted more than one sign at any one intersection approach.
C. 
Each place of business shall be eligible for a maximum of four business directional signs. A variance for more may be granted only on proof of undue hardship.
D. 
To qualify for a business directional sign, the business must be within 10 miles of the proposed location of the sign.
E. 
Business directional signs shall be located so as to avoid conflict with other signs, to have the least impact on the scenic environment and to take advantage of the natural terrain.
F. 
Business directional signs shall not be permitted where the directional information contained thereon may be misinterpreted, misleading or otherwise confusing to the traveling public.

§ 146-10 Installation and maintenance.

A. 
All business directional signs shall be provided by the business owner or applicant.
B. 
The signs shall be installed by the Town at locations approved by the Board of Selectmen and on signposts provided by the town.
C. 
Signs which become lost, stolen, defaced or otherwise damaged shall be replaced by the owner and installed by the town.
D. 
Owners of business directional signs which are no longer applicable because of business name changes, business relocations or any other reason shall notify the Town to have such signs removed.
E. 
Failure to properly maintain the sign by the owner and to notify the Town when signs are no longer applicable may result in removal of such signs by the town.

§ 146-11 Application for permit.

A. 
A business owner who wishes to have business directional signs erected shall make application on a prescribed form and submit the same to the Town Office for each location where a sign is desired.
B. 
The Town Manager shall approve said application within 14 days of its submission, provided that it meets all the requirements of this article. The application will be denied within 14 days if Article requirements are not met.
C. 
Any person aggrieved by the Town Manager's decision regarding the application may appeal to the Board of Selectmen, which shall consider the same at its next regularly scheduled meeting. The Selectmen's decision is final.
D. 
Following approval of sign application, the Town Manager shall have the appropriate sign erected on the designated sign posts promptly.

§ 146-12 Fees.

A. 
The fee, which shall be submitted with the application, shall be $50 per sign. This fee and the application is good for a period of five years, at the end of which period renewals are required.
B. 
Initial applications and fees may be made at any time. Thenceforth, all renewals will become due on April 1. The Town shall have the authority to remove any sign the following May 1 whose application/fee is delinquent.
C. 
All sign fees will be placed in the town's general account.

§ 146-13 Violations and penalties.

[Amended 5-1-1995 by ATM Art. 63])
Any violation of this article shall constitute a nuisance. Any person, firm or corporation having control or use of any buildings or premises who or which violates any provisions hereof, shall be fined as set forth in Chapter 1, General Provisions, Article II, General Penalty, for each day such violation is permitted to exist after notification. All fines collected hereunder shall inure to the town.