[Amended in its entirety 8-3-2020 by Ord. No. 2020-78]
A sign or advertising device of any nature may not be erected on or affixed to any building except as specifically permitted by Article X.
A.
Permit required. Except as otherwise provided herein, a sign or advertising
device of any nature may not be erected on a lot or affixed to the
exterior of any building or structure without first obtaining a sign
permit from the Code Enforcement Officer (CEO).
B.
Computation of area. The area of a sign is determined by connecting
the exterior points of the signboard or display elements, whichever
is larger. It must include any open space between display elements.
Display elements include letters, words, trademarks, medallions, symbols,
and other devices intended to advertise or indicate the name of the
premises, products or services available.
C.
Submission requirements.
(1)
All permit applications shall include a color drawing showing
all sign dimensions and building dimensions as necessary, types of
materials, wording, colors to be used, along with any proposed illumination,
and a visual depiction of where the sign would be located on the site.
(2)
Day and night renderings for illuminated signs may be required.
D.
Permit decision. Once the CEO is in receipt of a complete application,
the CEO shall approve, approved with conditions, or deny the application.
A.
Location/setback. A sign requiring a sign permit shall be set back
a minimum of 1/2 the minimum yard depth of the underlying zoning district.
B.
Illumination. In all districts, a lighting fixture that directly
or indirectly illuminates a sign must be designed so that the light
source itself is shielded from view and does not shine directly into
the right-of-way or onto adjacent properties. This does not apply
to signs illuminated by neon or illuminated tube type signs.
C.
Highway guide signs. The City of Westbrook or the Westbrook/Gorham
Community Chamber of Commerce may erect a guide sign on each entrance
to Westbrook. Each sign must be placed so as to be in view only from
Routes 302, 25, and 22, Spring Street, and Stroudwater Street. Maximum
size shall be 10 feet by 20 feet, with directions focused on general
areas rather than as advertisement for specific businesses.
D.
Consolidated service club sign. Service clubs in the City may have
a consolidated sign in any district on each of Routes 25, 302, and
22, Spring Street and Stroudwater Street entering the City. Each sign
must meet the following requirements:
E.
Temporary signs on public property or within the public right-of-way.
Temporary signs shall be allowed on public property or within the
public right-of-way, with no permit required, for a period of no more
than 12 weeks in a calendar year provided the following criteria are
met:
(1)
Only noncommercial signage is permitted on public property or
within the public right-of-way. Signs bearing a commercial message
are prohibited.
(2)
A temporary sign may not exceed two feet by three feet in size.
(3)
A sign under this subsection must include or be marked with
the name and address of the individual, entity or organization that
placed the sign within the public right-of-way and the date the sign
was erected within the public right-of-way.
(4)
A temporary sign shall not result in a sight, traffic, health
or welfare hazard to pedestrian or vehicular traffic due to placement,
or manner of construction or display.
(5)
Any damage to public property or utilities that is caused by
a temporary sign, including but not limited to sign installation,
is the responsibility of the sign owner. The Director of Public Services
shall determine whether damage has occurred and the cost of repair.
The sign owner will then be notified in writing and payment is required
within 30 days of the date of notice.
(6)
A temporary sign may not be placed within 30 feet of another
temporary sign bearing the same or substantially the same message.
(7)
Illumination of a temporary sign is prohibited.
(8)
For the purpose of temporary signs located within the Shoreland
Zone, signs shall be considered to be a structure and must comply
with all shoreland standards, including but not limited to setbacks
and permitting. No signs are permitted below the normal high-water
line of a water body or within a wetland.
(9)
Signs shall not be erected or maintained on the following:
(10)
Temporary signs are prohibited from being affixed to the grounds
of the following locations:
(11)
Removal process. Removal of unlawful signs shall be conducted
in accordance with 23 M.R.S.A. § 1917.
F.
Banner signs in the public right-of-way.
(1)
The Director of Public Services may permit a system of decorative
banners or banners identifying community events open to the public
to be placed by a business group or civic group on light poles on
public property along Main Street, William Clark Drive, or Bridge
Street. Signage shall not be deemed permanent.
(2)
The Director of Public Services may permit a person or organization
to install a banner sign across a public right-of-way under the following
conditions:
(a)
City-wide interest. The purpose of the banner must be to announce
a function of City-wide interest, including church events, concerts,
fund-raisers or similar activities.
(b)
State and local law. The installation of the banner must meet
all the requirements of state and local law. The person requesting
the installation of the banner must provide a sketch showing the dimensions,
method of installation, materials, and text of the banner. The Director
of Public Services shall establish the dates of installation and removal.
G.
Nonconforming signs. Nonconforming signs shall be subject to the
following provisions:
(1)
Continuance. Nonconforming signs may continue to exist, so long
as the use remains the same, the business remains open to the public,
and if the signs are maintained in a safe, neat and clean condition.
(2)
Discontinuance. Any sign, along with its supports, which no
longer advertises an existing business, primary product sold, activity
being conducted, or public notice shall be taken down and removed
by the owner, agent or person having beneficial use of the building
or premises upon which such sign may be found within 12 months after
the activity has ceased.
(3)
Alteration or relocation. The Code Enforcement Officer may approve
the alteration or relocation of a lawfully nonconforming sign so long
as it is reduced in size by at least 25% of the original sign size.
This could be achieved through eliminating signs or reducing the overall
size of the sign. Where there are additional alterations or relocations
beyond that there must be an additional reduction in size of at least
25% until such time as the sign size is no longer nonconforming. Alteration
could include a change in illumination or of any component of the
sign other than for basic maintenance to ensure a safe, neat and clean
condition.
(a)
The repair or replacement of a panel within a nonconforming
sign is permitted without reduction provided no other components of
the sign, including but not limited to sign frame, supports and illumination,
are altered or relocated.
(b)
The Code Enforcement Officer may permit the repair of a nonconforming
sign without reduction provided the repair is to the benefit of public
health and safety, or the damage was caused by a weather or other
third-party event that is no fault of the property owner.
(4)
Any entity proposing a development requiring site plan review
shall, as a condition of any approval of such development proposal,
be required to bring any signs into conformance with the provisions
of this article, except as follows:
(a)
Individual lawfully nonconforming signs which are within developments
seeking amended site plan review approval and which will not be altered
as part of the proposed project are not required to be brought into
conformance with this article unless the development proposal involves
at least a twenty-percent increase in the total on-site building footprint
or a change in use of the property. New and altered signs in such
developments shall conform to this article.
The following provisions apply to signs in residential zoning
districts:
A.
General. All signs or advertising devices must be permanently affixed
to the real estate. They may only identify the occupant of the premises
or advertise the article or services available on the premises on
which they are situated.
B.
Sign types.
(1)
Ground-mounted signs.
(a)
Bulletin board or identification sign.
[1]
One bulletin board or identification sign for a
permitted nonresidential building or use, containing not more than
six square feet of signboard area, is permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[2]
For churches, schools, and public institutions,
two bulletin boards or identification signs are permitted for each
building. Each sign may contain not more than 10 square feet of signboard
area.
[3]
A bulletin board or informational sign must be
set back at least 1/2 of the required front yard depth.
(b)
Rental area. On the premises of an apartment building or rental
housing area, there may be one identifying sign containing not more
than six square feet of signboard area.
(c)
Subdivision sign.
[1]
Temporary. A temporary sign is allowed without
a permit to advertise an approved subdivision site while construction
is under way. The sign may not contain more than 12 square feet of
signboard area.
[2]
Permanent. A permanent sign is permitted to identify
a neighborhood that has been created as the result of a subdivision
approved by the Planning Board. The sign may not be placed in the
right-of-way, nor block safe sight distances along a road. Total area
of sign shall not exceed 16 square feet.
(2)
Temporary signs not located on public property or within the
public right-of-way.
(a)
Real estate signs. One "For Sale," "For Rent," or "For Lease"
sign is allowed without a permit on the property, containing not more
than six square feet of signboard area and advertising only the premises
on which the sign is located. Where the property fronts on two streets,
one sign is permitted facing each street.
(b)
Construction sign. On the premises of a building under construction
or renovation, one sign not exceeding five square feet of signboard
area is allowed without a permit per contractor, subcontractor, or
architect actually employed on the premises. Total area of all signs
shall not exceed 32 square feet.
(3)
Building-mounted signs.
(a)
Sign allowance.
[1]
On the premises of a business which is legally operating in a residential zoning district, other than those described in § 335-10.4A, there may be one sign advertising that business containing an area of not more than 16 square feet.
[2]
All signs or advertising devices must be permanently
affixed to the structure in which the business is located. Unless
otherwise permitted, signs shall not contain any visible moving or
movable parts.
(4)
Changeable message board. Changeable message board signs are
allowed and are calculated within the allowable sign area for the
business. Changeable message boards may change not more than once
every five minutes and shall maintain an unlit background with only
the illumination of the lettering or text.
C.
Illumination. The lighting of neon or other illuminated tube type
signs or advertising device is not allowed in Residential Growth Area
1, Residential Growth Area 2, Residential Growth Area 3 and Rural
Districts.
The following provisions apply to signs in the Highway Services
District, Gateway Commercial District, Industrial Park District, Manufacturing
District and Prides Corner Smart Growth Area:
A.
General.
(1)
All signs or advertising devices must be permanently affixed
to the real estate. They may only identify the occupant of the premises
or advertise the article or services available on the premises on
which they are situated.
(2)
Number of signs; maximum height. On each lot, not more than
two signs are permitted affixed to each exterior face of a building
fronting on a public street or parking lot for each occupant. The
topmost element of any sign may not be higher than 10 feet above the
cornice line of the building.
(3)
Overhanging signs. Signs may not overhang the public right-of-way.
B.
Total sign allowance.
(1)
Highway Services and Gateway Commercial Districts.
(a)
The total area of all signs for properties located in the Highway
Services and Gateway Commercial Districts that are 40,000 square feet
or less in land area shall not exceed 500 square feet.
(b)
The total area of all signs for properties located in the Highway
Services and Gateway Commercial Districts that are more than 40,000
square feet of land area shall not exceed 500 square feet for the
first 40,000 square feet of land area plus 100 square feet for each
additional 40,000 square feet of land area.
(2)
Industrial Park District. The total area of all signs for properties
in the Industrial Park District shall not exceed 300 square feet.
(3)
Manufacturing District and Prides Corner Smart Growth Area.
The total area of all signs for properties located in the Manufacturing
District and Prides Corner Smart Growth Area shall not exceed 250
square feet.
C.
Sign types allowed.
(1)
Building-mounted signs. The total area of all signs permitted
on the face of a building fronting on a public street or parking lot
may not exceed 100 square feet for each 25 feet of building frontage,
except that in the Industrial Park District the total area may not
exceed 200 square feet.
(2)
Ground-mounted signs.
(a)
Sign allowance. Where buildings are set back at least 40 feet,
one freestanding sign may be erected within the open space fronting
upon a public street. The topmost element of a freestanding sign may
be no more than 25 feet above the average level of the ground between
the supports of the sign. The sign must not obstruct the view of oncoming
pedestrian or motor vehicle traffic.
[1]
Divided building. Where a building is divided by
partitions and is occupied by separate entities, and where the building
is constructed so that part of it is located within 40 feet of a public
way and one or more of the entities within is entirely located at
least 40 feet back from that way, there may be one freestanding sign
within the open space fronting upon the way. Only those entities located
at least 40 feet back may utilize space on this sign.
(b)
Computation of sign area. A freestanding sign may have an area
of not more than 100 square feet. Any exterior linear dimension of
a freestanding sign may not exceed 16 feet.
(3)
Changeable message boards. Changeable message board signs are
permitted provided they are a permanent component of the sign and
are calculated within the allowable sign area for the structure. Messages
shall change at intervals of no more than once every five minutes.
Changeable message boards shall maintain an unlit background with
only the illumination of the lettering or text. The total size of
a changeable message board area shall not exceed 60 square feet.
(4)
Directional signs. Directional signs no larger than four square
feet and containing no advertising are permitted on private property
to direct traffic flow, indicate parking space, or provide other essential
information to guide vehicular or pedestrian traffic flow with respect
to that property.
(5)
Time and temperature signs. Time and temperature signs are permitted
and must be included in the total square footage allotment for the
structure.
(6)
Awning signs.
(a)
Awning signs are permitted and are calculated within the allowable
sign area for building-mounted signage.
(b)
Awnings may not be internally illuminated but may include lighting
located beneath the awning directed downward for the purpose of illuminating
the building entrance only.
(c)
Awnings are allowed no lower than nine feet above the average
grade of the ground beneath it.
(d)
Awning signs may include the street address and/or business
name only. Such information shall be no more than 12 inches in height
and shall be placed on the front flap of the awning.
(7)
Temporary signs not located on public property or within the
public right-of-way. The following signs are allowed on a temporary
basis as follows and, unless otherwise stated, shall be securely affixed
to the ground during the time allowed:
(a)
Real estate signs. One real estate sign of no more than 16 square
feet is allowed without a permit per lot proposed for lease, sale,
or rent. The subject sign must be placed on the lot proposed for lease,
sale, or rent. Such sign must be moved within two weeks after the
transaction. Such sign may be freestanding or building mounted.
(b)
New business sign. One sign is permitted advertising the opening
of a new business. Such sign shall be of no more than 15 square feet
and shall not remain on the premises more than 30 days. Such sign
shall be building mounted.
(c)
Construction signs. One sign relating to construction projects
for new or renovated buildings is allowed without a permit. Such sign
shall be no more than 32 square feet and may include the name of multiple
contractors. Such sign shall be removed one week after issuance of
the certificate of occupancy. Such sign may be freestanding.
D.
Illumination. Illuminated signs are permitted but they may not be
intermittently illuminated or animated, with the exception of changeable
message board signs which must comply with the standards as stated
in this section.
E.
Prohibited materials. Signs shall be constructed of sturdy material.
No sign shall be constructed of banners, ribbons, spinners, feather
flags or other similar devices that represent a visual distraction
to the motoring public.
The following provisions apply to signs in the City Center District:
A.
Purpose. The purpose of regulating signs is to promote and protect
the public health, safety, and welfare by regulating existing and
proposed outdoor advertising, outdoor advertising signs, and outdoor
signs of all types; to protect property values; enhance and protect
the physical appearance of the community; preserve the scenic and
natural beauty and provide a more enjoyable and pleasing community;
to reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents; reduce hazards that may be caused
by signs overhanging or projecting over public right-of-way; provide
more open space; and curb the deterioration of natural beauty and
the community environment.
B.
General.
(1)
Traffic safety.
(a)
No sign, whether new or existing, shall be permitted that causes
a visual obstruction or a traffic, health or welfare hazard or results
in a nuisance due to illumination, placement, or manner of construction
or display.
(b)
No sign, except traditional barber poles for licensed and operating
barbershops, shall have visible moving parts, blinking, moving or
glaring illumination, or any part consisting of pennants, ribbons,
streamers, spinners, feather flags or other similar devices that represent
a visual distraction to the motoring public.
(2)
Business signs. Business signs are allowed and shall be constructed,
installed and maintained so as to ensure public safety. Such sign
shall be clearly incidental, customary to, and commonly associated
with and in the same site as the building or establishment to which
it refers and shall be limited in subject matter to name, design,
picture or trademark of the establishment. It shall not include any
general commercial advertising materials unrelated to a principal
business within the building. Signs not directly related to the business
shall be prohibited. All such signs shall be appropriate in scale
and appearance. Business signs on adjacent buildings located on the
same parcel shall be of compatible design and character. Sign types
and placement are further described herein.
(3)
Insurance. For any sign proposed to be placed on (sandwich board
sign only) or that shall extend into (blade and/or awning only) the
public right-of-way a permit is required on an annual basis and shall
be accompanied by proof of general liability insurance coverage in
the amount of $400,000 or any higher limit of liability imposed by
the Maine Tort Claims Act[1] in order to protect the City of Westbrook from any and
all liability for personal or property damage to the public by reason
of the erection and maintenance of such sign on and into the public
right-of-way, and such insurance shall be maintained as long as such
sign exists on and into the public right-of-way. The City shall be
named as an additional insured on such insurance policy.
[1]
Editor's Note: See 14 M.R.S.A. § 8101 et seq.
(4)
Sign area computation. Signs shall be measured from the outermost
part of the sign, but not to include wall supports. Sign area includes
borders or framing not required to affix a sign to a building. Sign
area does not include the base for a ground-mounted monument sign
or the supportive pole(s) of a pylon sign. A sign with a double signboard
or display area shall be construed to be one sign for the purpose
of this article.
C.
Sign types allowed.
(1)
Building-mounted signs. Building-mounted signs include those
that are painted or flush mounted directly on an exterior building
facade. Backlit characters and internally lit characters are considered
flush mounted for the purpose of this article.
(a)
Signage limitations.
[1]
The total area of all building-mounted signs may
not exceed 5% of the exterior wall facing a public way or parking
lot on which the sign(s) is to be placed.
[2]
On any exterior wall facing a public way or parking
lot, one sign is permitted per individually owned and operated business
within the building based on the sign area allowed per this subsection.
[3]
No sign shall extend above the roofline or parapet
of the building on which it is placed.
(b)
Identification sign.
[1]
All buildings are required to display one street
number sign per exterior face of building fronting on a public way
or parking lot.
[2]
Such sign may be no more than 1.5 square feet in
size, and it must be located on the first-floor facade area of a building
or on a sign.
[3]
Such sign shall not count toward the overall sign
allowance.
(2)
Ground-mounted signs. Sign area for ground-mounted signs shall
be no more than 18 square feet including all tenant signage.
(a)
Monument signs. Ground-mounted monument signs are signs mounted
to the ground by a solid (opaque) base structure made of wood (painted
or varnished and weather treated), brick, or stone. Such sign shall
be no taller than six feet including the base.
(b)
Pylon signs. Pylon signs are signs mounted to the ground by
poles made of materials consistent with this section. Such sign shall
be no taller than nine feet including the base.
(3)
Blade. Blade signs are attached directly to the building and
extend perpendicular from the building wall.
(a)
Blade signs may be no more than 50 square feet in size, shall
be placed no lower than 10 feet above the average grade beneath the
sign, and shall be no higher than 20 feet above the average grade
beneath the sign.
(b)
Blade signs shall extend no further into a right-of-way than
the lesser of four feet or the backside of the curb abutting a public
street.
(c)
Blade signs may be permitted every 25 feet of linear frontage
on a freestanding building.
(4)
Changeable message board. A changeable message board sign is
a sign attached to and associated with a freestanding (ground-mounted
or pylon) sign.
(a)
Changeable message board signs are permitted where freestanding
signs area permitted and are calculated within the allowable sign
area for the proposed freestanding sign.
(b)
Such signs shall be no taller than 12 inches including framing
and shall include no more than two lines of text.
(c)
Such sign may include a changeable message but the message may
not change more than once every five minutes.
(d)
The time and temperature may be posted and are part of the maximum
allowable sign area of the message board.
(e)
The changeable message board shall maintain an unlit background
with only the illumination of lettering or text permitted.
(5)
Sandwich board signs.
(a)
One small A-frame sandwich board sign is allowed per 25 feet
of linear building frontage on Main Street or Bridge Street.
(b)
Such signs shall not count toward the number of signs allowed
per exterior face of building.
(c)
Such signs are allowed when there is at least four feet of clear
travel space on a public sidewalk.
(d)
Sandwich board signs may be no more than eight square feet in
size and shall not extend into the four feet of clear travel space.
(e)
Such signs may have writing on both sides, may not be illuminated,
shall have no moving parts, must be placed adjacent to the business
which it supports, and shall not block pedestrian movement along a
sidewalk or vehicular visibility.
(f)
Such signs shall face on-coming sidewalk traffic and not the
street.
(g)
In the event that these provisions are violated or in the event
of inclement weather, the Code Enforcement Officer may have such signs
removed from the public way.
(h)
Sandwich board signs shall be temporary in nature and shall
advertise temporary events.
(6)
Entry point tenant listing sign. One small tenant listing sign
is allowed per individual building and may list multiple tenants.
Such sign may be no more than 1.5 square feet.
(7)
Directional signs.
(a)
Such signs may be freestanding or building mounted and shall
not count toward the number of signs allowed per exterior face of
building.
(b)
Directional signs shall contain no business advertising and
are permitted on private property in order to direct traffic flow,
indicate the location of parking, or provide other essential information
necessary to guide vehicular or pedestrian traffic flow within the
private property.
(c)
Such signs shall be no larger than two square feet. Tenant listing
signs shall not be considered directional signs.
(8)
Window signs.
(9)
Awning.
(a)
Awnings may not be internally illuminated but may include lighting
located beneath the awning directed downward for the purpose of illuminating
the building entrance only. Awnings are allowed no lower than nine
feet above the average grade of the public sidewalk beneath it and
shall not extend more than four feet into a public right-of-way and
shall not extend into the curb abutting a public street.
(b)
Awnings may include the street address and/or business name
only. Such information shall be no more than 12 inches in height and
shall be placed on the front flap of the awning.
(10)
Open flag.
(a)
A standard flag, no larger than three feet by five feet in size,
suspended from a pole that is attached to a structure, indicating
that an establishment is open for business is permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
An open flag may not impede pedestrian travel within the public
right-of-way.
(c)
One open flag is permitted per individually owned and operating
business within a building.
(d)
Open flags are allowed every 25 feet of linear frontage on a
freestanding building.
(11)
Temporary signs not located on public property or within the
public right-of-way. The following signs are allowed on a temporary
basis as follows and, unless otherwise stated, shall be securely affixed
to the ground during the time allowed:
(a)
Real estate signs. One real estate sign of no more than eight
square feet is permitted without a permit per lot proposed for lease,
sale, or rent. The subject sign must be placed on the lot proposed
for lease, sale, or rent. Such sign must be moved within two weeks
after the transaction. Such sign may be freestanding or building mounted.
(b)
New business sign. One sign is permitted advertising the opening
of a new business. Such sign shall be of no more than 15 square feet
and shall not remain on the premises more than 30 days. Such sign
shall be building mounted.
(c)
Construction signs. One sign relating to construction projects
for new or renovated buildings is permitted without a permit. Such
sign shall be no more than 32 square feet and may include the name
of multiple contractors. Such sign shall be removed one week after
issuance of the certificate of occupancy. Such sign may be freestanding.
D.
Illumination.
(3)
Illumination standards.
(a)
In order to conserve energy and reduce light pollution, on properties
abutting residential development, illumination of signs shall be permitted
only between the hours of 7:00 a.m. and 11:00 p.m., except that this
time restriction shall not apply to the illuminated signs of emergency
facilities and retail, commercial, and industrial establishments during
such hours as the establishments are open to the general public.
(b)
All lighting must be Nationally Recognized Testing Laboratories
(NRTL) listed and stamped.
(c)
Energy efficiency should be considered a priority in sign design
and lighting.
(4)
External illumination. Signs shall be illuminated only by steady,
stationary, shielded light sources. A lighting fixture that directly
or indirectly illuminates a sign must be designed so that the light
source itself is shielded from view and does not shine directly into
the right-of-way or onto adjacent properties. This does not apply
to signs illuminated using neon.
(5)
Internal illumination.
(a)
Sign cabinets. Signs may be illuminated from within if the only components illuminated are the characters and limited graphics used to convey the name of the business and its purpose and/or the street number. The balance of the sign face must be opaque with no light visible except for the cut face characters and logos. No other portion of the sign face may be illuminated. See § 335-10.6E for permitted materials. Internally illuminated flex face signs are not allowed.
(b)
Internally lit routed faced vinyl characters and/or logos are
allowed so long as the characters and/or logos are the sign, they
are building mounted, are limited to 12 inches in height and meet
the other size requirements of this section.
E.
Sign materials.
(1)
Non-internally illuminated.
(a)
Unless otherwise stated, signs shall be solid and be constructed
of the following materials: wood (painted or varnished and weather
treated), stone, metals, concrete, and/or composite material providing
similar density.
(b)
Signs may incorporate a vinyl wrap, or layer, which displays
the graphics proposed, used in lieu of paint. This material standard
does not apply to the components of a changeable message board.
(2)
Internally illuminated.
(a)
Internally lit routed faced vinyl characters and/or logos are
permitted.
(b)
Sign cabinets may consist of an illuminated vinyl sign face.
Internally illuminated flex face signs are not permitted, unless used
to identify the major tenant of buildings over three floors, as measured
from the street level. Such signs are subject to the following:
(3)
Awnings. Metal or canvas awnings are permitted.
(4)
Window signs. Vinyl window decals are permitted.
(5)
Open flags. Fabric flags are permitted.
