Note: General Standards apply to activities which do not require
Site Plan, Subdivision, or Planning Board approval.
The use of land, buildings, and structures shall conform to
the following general standards as applicable.
Every building hereafter erected shall be located on a lot as defined in § 280-2-2. In no case shall there be more than one (1) principal residential building and its accessory buildings on one (1) lot, except in the case of projects such as multiple dwelling or building developments intended and designed to be managed as a unit on an unsubdivided lot.
No building shall be erected on a lot unless the lot has frontage on a street as defined in § 280-2-2.
The following limitations shall apply to the creation of all
new lots on all land located adjacent to Route 4, Route 109, Route
202, Route 11A and Route 224.
A.
Access to new residential lots. Any new residential lots created
adjacent to the principal arterials listed above shall be divided
so that vehicular access to the lot is obtained from a local or collector
street rather than the arterial. Access to the new lots shall be obtained
from any local or collector street, a street in an approved subdivision,
or a private way approved by the Planning Board. This requirement
shall apply to any new lot whether, or not, the lot is part of a subdivision.
B.
Waiver of the access limitation for new lots.
(1)
The Planning Board or Site Plan Review Committee may waive the
access limitation provisions of this subsection when there are unique
conditions which make access, other than from the arterial impractical.
The Planning Board may grant a waiver only if one (1) of the following
conditions is met:
[Amended 9-20-2022 by Order No. 22-440-01]
(a)
There is too little road frontage to reasonably allow for the
creation of a local street, and there will be no further subdivision
of the lot; or
(b)
The shape or physical condition of the lot does not permit access
to or the creation of a local street, and there will be no further
subdivision of the lot.
(2)
The owner of the lot seeking a waiver shall make a written request
to the Planning Board setting forth how the project conforms to the
above criteria.
C.
Existing lots. Any lot of record existing as of the date of the adoption
of this section shall be permitted one (1) vehicular access point
to a principal thoroughfare, notwithstanding the provisions of this
chapter, unless such lot also has frontage on a local street.
A.
Curb cut permit required. No person may build or construct a driveway which provides an access to a public street without first obtaining a curb cut permit from the Code Enforcement Officer. The Code Enforcement Officer shall refer all permit applications to the City Engineer for review. If the City Engineer finds that the application meets the requirements of §§ 280-14-5B and 280-14.5C, the City Engineer shall approve the curb cut and notify the Code Enforcement Officer to issue the permit. Such permits shall be issued only to the property owner or to the person having an option or lease on the property in question. If the work authorized by a curb cut permit has not been completed within twelve (12) months of the date of issuance, the permit shall be null and void.
B.
Curb cut limitations.
(1)
Each single-family and/or multifamily residential lot fronting
on an arterial or collector street shall be entitled to one (1) curb
cut, and no more.
(2)
The number of curb cuts allowed for any lot fronting on an arterial
or collector street that is used for institutional, retail, commercial,
service, or industrial use shall be determined based upon the amount
of its street frontage. The following curb cut standards shall apply
for these types of uses:
|
Feet of Street Frontage
|
Number of Curb Cuts
|
|---|---|
|
Zero to one-hundred-ninety-nine (0 to 199)
|
One (1)
|
|
Two-hundred (200) plus
|
Two (2)
|
(3)
The Planning Board may waive these limitations if it finds that
the characteristics of the site and/or use necessitate additional
curb cuts and that the additional curb cuts can be provided without
affecting public safety.
(4)
Drive-up or drive-through windows when allowed by the Planning
Board, will be designed such that there will be no direct access,
including entrances or exits, to Routes 4, 109, 202, 11A, and 224.
C.
Curb cut requirements.
(1)
Location. All curb cuts shall be located to minimize the impact on traffic safety and flow at least twenty-five (25) feet from the point of tangency of streets as shown on the diagram in § 280-14-10B. For lots fronting on arterial or collector streets, a curb cut may not be located less than fifty (50) feet from the point of tangency of streets at any unsignalized intersection or less than one-hundred (100) feet from the point of tangency of streets at any signalized intersection.
(2)
(3)
Separation.
(a)
Within the Urban Compact Zone as defined in 23 M.R.S.A. § 754(2)(A),
as may be amended from time to time, the distance between curb cuts
shall be fifty (50) feet from the edge of each curb cut. Outside of
the Urban Compact Zone, for lots fronting on arterial or collector
streets, the minimum allowable distance between the center lines of
each curb cut shall be at least fifty (50) feet.
(b)
The Planning Board or Site Plan Review Committee may approve
applications for curb cuts that do not meet the minimum standards
if one (1) or more of the following circumstances is demonstrated:
(c)
Notwithstanding the existence of one (1) or more of these circumstances,
the minimum separation standard of twenty (20) feet from edge to edge
shall apply.
(4)
Construction standards. Curb cuts shall be constructed in accordance
with a plan approved by the City Engineer and shall meet the following
standards:
(a)
A permanent surface of asphalt or concrete shall be used for
the finished surface within the street right-of-way lines for all
curb cuts constructed for commercial or industrial uses.
(b)
The existing grade of sidewalks which are crossed by curb cuts
shall be maintained so as to provide a safe area for people to walk.
Such sidewalks may be required to be reconstructed to withstand expected
traffic loads.
(c)
Where the positioning of curb cuts requires the location, removal,
or installation of drainage facilities, such relocation, removal,
or installation shall be done in accordance with traffic safety and
drainage standards, as authorized by the City Engineer. The City Engineer
shall consider the effect of the change on adjacent and downgrade
properties, and the potential for and probable impact of increased
erosion and/or flooding caused by pertinent factors relative to human
and/or environmental health and safety.
(d)
The cost of curb cuts shall be borne by the applicant.
(e)
All curb cuts which are constructed within the state right-of-way
shall conform to all provisions and regulations set forth by the Maine
Department of Transportation as well as the provisions of this chapter.
In the case of contradictory regulations the most restrictive prevail.
A rear lot is a lot which is located to the rear of another
lot or lots which front on a street as defined in this chapter. A
rear lot existing as of the date of adoption of this section may be
used for uses allowed within the zone in which it is located provided
that:
A.
There is an unobstructed access to the rear lot from the street over
land which is not needed to meet the minimum requirements of the zone
for the front lot.
B.
Access is at least twenty-five (25) feet wide.
C.
The access strip is in the same ownership as the rear lot.
D.
The access strip may not be used to meet the requirement for minimum
lot size of the zoning district.
E.
The rear lot shall meet all requirements of the zoning district,
other than minimum frontage. For the purpose of setback requirements,
the setback line of such lots is deemed to be the prescribed setback
distance from the deepest rear property line of the lot or lots between
said rear lot and the nearest street.
Notwithstanding other provisions of this chapter, the following
structural elements may project into a required setback as set forth
below:
A.
A cornice, eave, or canopy or other similar architectural features,
but not including a bay window, may project up to two (2) feet into
required setbacks.
B.
A fire escape may project up to four (4) feet into required setbacks.
C.
A chimney may project up to two (2) feet into required setbacks.
D.
An open, unenclosed platform, stoop, or steps, not covered by a roof,
may project up to six (6) feet into required setbacks. The platform
or stoop shall be no more than sixteen (16) square feet.
E.
Any porch with a roof that existed as of the date of adoption of
this provision may be enclosed and used as living area even if it
currently encroaches on the required setback. The enclosed porch shall
not further encroach on the setback but it may be enlarged in such
manner as to maintain the existing relationship to the property line.
 |
F.
Facilities for handicapped access, including ramps, lifts, and elevators,
added to a building constructed prior to December 30, 1990, may project
into any required setback area provided that the facilities are approved
by the Fire Department on the basis that they will not create or aggravate
any public safety or fire-fighting issues.
G.
Signs consistent with the requirements of § 280-14-13B.
[Added 12-19-2017 by Order
No. 17-163-01]
Notwithstanding other provisions of this chapter, roof structures
for the housing of elevators, stairways, tanks, fans, or other building
operating equipment; fire or parapet walls; skylights; steeples; flagpoles;
chimneys; smokestacks; domestic radio or television masts; and water
tanks or silos may be erected not more than twenty (20) feet above
maximum height limits specified in the zone in which they are located.
Notwithstanding the provisions of this chapter, temporary uses
of a community or nonprofit nature, such as festivals, fairs, carnivals,
and similar events, may be permitted in any zone by vote of the City
Council, as long as such temporary use is not contrary to the objectives
of this chapter. A vote by the City Council allowing such temporary
use shall not be deemed a change in the zoning and shall apply to
the specific event or activity only for its stated duration.
The purpose of this provision is to maintain a clear line of
sight for drivers of vehicles at street and driveway intersections.
This requirement shall apply to buildings, structures, fences, signs,
landscaping or other elements.
A.
Within the Urban Zone, no visual obstruction that interferes with
a vehicle operator's line of sight shall be located within the triangular
area created by measuring ten (10) feet back from the point of intersection
of the travel way of two (2) streets or a street and a driveway and
connecting these points.
 |
B.
In other zones, no visual obstruction shall be located within the
triangular area created by measuring twenty-five (25) feet back from
the point of intersection of the travel way of two (2) streets or
a street and a driveway.
 |
C.
Existing trees shall not be considered to be visual obstructions,
nor shall objects located within thirty (30) inches of the ground
or located more than six (6) feet above the ground. Any landscaping
within this area shall be maintained so that a clear line of sight
is retained at all times.
All use of land, buildings, and structures shall conform to the requirements of Chapter 178: Noise.
A.
Applicability. Off-street parking shall be provided for all new construction,
expansions, and changes of use in accordance with the requirements
and standards of this section.
B.
Minimum requirements for off-street parking. Off-street parking shall
be considered an accessory use when required or provided to serve
any legal use located in any zone. An off-street parking space shall
be a minimum of nine (9) feet wide by eighteen (18) feet long and
may be open or covered. Access to individual parking spaces shall
be unobstructed except for parking for residential uses. Parking for
single and two (2)-family dwellings may be arranged in a stacked layout
so that access to one (1) space is over another. Stacked parking may
also be used for multifamily residential uses if the parking spaces
are assigned to units and the access to one (1) unit's parking space
is not obstructed by the parking space of another unit. In order to
determine compliance with this section, the Code Enforcement Officer
shall require a plan showing the physical layout of all required off-street
parking areas. Any change in the evidence or conditions upon which
the plan is approved shall nullify such approval.
(1)
Parking shall be provided on the lot occupied by the use for
which the parking is required or on an adjacent lot owned or controlled
by such use. In addition, uses located within the Urban Zone may provide
all or part of the required off-street parking through any of the
following:
(a)
Private off-street parking located on another lot that is located
within one-thousand (1,000) feet of the subject lot and that is controlled
by long-term lease or ownership by the proposed use.
(b)
Off-street parking shared with other uses located within one-thousand
(1,000) feet of the subject lot, provided that the Planning Board
or Site Plan Review Committee finds that there is adequate parking
capacity to meet the parking requirements of all uses sharing the
parking due to variation in the time of parking demand and/or anticipated
use of parking to access multiple uses in a single trip, and that
the shared parking is controlled through a leasehold or other enforceable
agreement. The Planning Board or Site Plan Review Committee may allow
off-site parking to be more than one-thousand (1,000) feet from the
site if it finds that the distance is reasonable given the nature
of the proposed use.
(c)
For nonresidential uses, off-street parking located in a municipal
parking lot provided by the City, subject to the Planning Board or
Site Plan Review Committee finding that there is adequate available
parking to meet the needs of the use based on the parking standards
of this chapter. The Planning Board or Site Plan Review Committee
may allow legal on-street parking to be used to meet the parking requirement
of a nonresidential use in the Urban and Industrial Redevelopment
Zones if it finds that this parking can reasonably be expected to
be available for customers of the use and is located within close
proximity of the use.
(2)
Where multiple use of a lot occurs, off-street parking shall
be provided for each use in accordance with this section. Where the
applicant can demonstrate and document nonconflicting periods of use,
shared use of parking spaces may be permitted by the Planning Board
or Site Plan Review Committee.
(3)
Travel and queuing aisles associated with off-street parking,
drive-in facilities and motor vehicle fuel pumps shall be provided
and shall not interfere with the use of or be part of the required
off-street parking.
(4)
Minimum number of parking spaces required.
(a)
The following minimum number of spaces, rounded up to the nearest
whole number, shall be provided and maintained for each use on a lot,
including each use within all buildings. The Planning Board or Site
Plan Review Committee may reduce the required parking:
[1]
For reuse of an existing building by up to thirty
percent (30%). In granting a reduction, the Planning Board or Site
Plan Review Committee shall find that the reduction will not create
or worsen parking problems in the neighborhood and that the required
number of spaces cannot be reasonably accommodated on the lot; or
[2]
For new or existing buildings, if the applicant
demonstrates to the Planning Board or Site Plan Review Committee that
proposed parking is adequate for the use based on national or regional
parking demand studies such as those published by the Institute of
Traffic Engineers or by data on actual parking demand for similar
uses in similar situations and/or consideration of the availability
of parking demand management programs that reduce the demand for on-site
parking.
(b)
The maximum number of employees scheduled during peak demand/shift
shall be used in calculating the number of required parking spaces
when employee is referenced in the list below. Gross floor area shall
be used in calculating the number of required parking spaces, unless
otherwise noted.
[Amended 8-21-2018 by Order No. 18-348-01]
|
Use
|
Number of Spaces
|
|---|---|
|
Residential
| |
|
Single-family dwellings, including mobile and manufactured homes
|
Two (2) spaces per dwelling unit
|
|
Two (2)-family dwellings
|
Two (2) spaces per dwelling unit
|
|
Multifamily
|
One-and-one-half (1.5) spaces per dwelling unit with one (1)
bedroom, and-three-quarter (1.75) spaces for unit with two (2) bedrooms,
and two (2) spaces per unit with three (3) or more bedrooms
|
|
Renting of rooms; furnishing board
|
One (1) space per guest room, plus two (2) spaces per dwelling
unit, plus one-half (0.5) space per employee
|
|
Home occupation
|
Two (2) spaces in addition to required parking for residences
|
|
Convalescent/rest or nursing home and residential or congregate
care
|
One (1) space per four (4) beds, plus one (1) space per employee
|
|
Institutional
| |
|
Municipal uses/public utilities
|
One-and-one-quarter (1.25) spaces per employee, plus one (1)
space per one-hundred-fifty (150) square feet of public assembly and
meeting area
|
|
Museums/libraries
|
One (1) space per three-hundred (300) square feet, plus one
(1) space per employee
|
|
Places of public assembly, such as theaters, cinemas, auditoriums,
stadiums and sports arenas
|
One (1) space per four (4) seats, plus one (1) space per two
(2) employees
|
|
Church/synagogue
|
One (1) space per four (4) seats
|
|
Schools
|
For schools containing places of public assembly, parking shall
be required per places of public assembly above or the following,
whichever is greater
|
|
Grades K-8
|
One (1) space per classroom, plus one (1) space for each employee
|
|
Secondary
|
Eight (8) spaces per classroom
|
|
Post secondary
|
One (1) space for each two (2) students, plus one (1) space
for each employee
|
|
Child care provider, including nursery school, and/or adult
day services center
|
One (1) space per employee, plus a safe off-street area for
vehicle pickup and dropoff of students/children/clients
|
|
Schools not listed above
|
One (1) space per each two (2) students at capacity, plus one
(1) space for each employee
|
|
Clubs and lodges
|
One (1) space per one-hundred-fifty (150) square feet, plus
one (1) space per employee
|
|
Health service facility/hospitals
|
One-and-one-quarter (1.25) spaces per four (4) beds, plus one
(1) space per each full-time staff doctor, plus one (1) space per
each other employee
|
|
Commercial
| |
|
Retail sales
|
Three (3) spaces per use or three (3) spaces per one-thousand
(1,000) square feet [or one (1) space per three-hundred-thirty-three
(333) square feet or portion thereof], plus one (1) space per employee,
whichever is greater
|
|
Gas and/or service station; auto repair garage [For gas stations
involving other uses (e.g., gas pumps with convenience stores), the
minimum number of required parking spaces shall be the total of the
requirements for each use, plus the standards listed above.]
|
One-quarter (0.25) space per fuel pump, plus one (1) space per
employee, plus four (4) spaces per service bay
|
|
Motor vehicle sales and service
|
Three (3) spaces per one-thousand (1,000) square feet [or one
(1) space per three-hundred-thirty-three (333) square feet or portion
thereof] of nonservice bay area, plus two (2) spaces per employee
|
|
Banks
|
Four (4) spaces per use or three (3) spaces per one-thousand
(1,000) square feet [or one (1) space per three-hundred-thirty-three
(333) square feet or portion thereof], whichever is greater
|
|
Studios of artisans
|
Three (3) spaces per one-thousand [1,000) square feet (or one
(1) space per three-hundred-thirty-three (333) square feet or portion
thereof], whichever is greater
|
|
Personal services and business services
|
Three (3) spaces per use or four (4) spaces per one-thousand
(1,000) square feet [or one (1) space per two-hundred-fifty (250)
square feet or portion thereof], whichever is greater
|
|
Business and professional offices (nonmedical)
|
Three (3) spaces per use or four (4) spaces per one-thousand
(1,000) square feet [or one (1) space per two-hundred-fifty (250)
square feet or portion thereof], whichever is greater
|
|
Professional office (medical)
|
Four (4) spaces per doctor, plus one (1) space for each other
employee
|
|
Wholesale sales/rental of equipment
|
Four (4) spaces per use or one (1) space per one-thousand (1,000)
square feet, plus one (1) space per employee, whichever is greater
|
|
Restaurants/eating places/drinking places
|
One (1) space per four (4) patrons at capacity, plus one (1)
space per employee (measurement of standing and seating capacity shall
be based upon the latest adopted edition of the ICC International
Building Code and NFPA 101, whichever is more stringent)
|
|
Motels, hotels and inns
|
One (1) space per guest room, plus one (1) space per employee,
plus four (4) spaces per one-thousand (1,000) square feet [or one
(1) space per two-hundred-fifty (250) square feet or portion thereof]
of public assembly area
|
|
Funeral homes
|
One (1) space per four (4) seats
|
|
Kennels
|
Three (3) spaces per use or three (3) spaces per one-thousand
(1,000) square feet
|
|
Veterinary clinics
|
Four (4) spaces per doctor, plus one (1) space per other employee
|
|
Industrial
| |
|
Manufacturing
|
One (1) space per employee
|
|
Warehouse
|
One (1) space per employee
|
|
Nonvehicular repair facilities
|
One (1) space per employee
|
|
Research and development
|
One (1) space per employee
|
|
Testing facilities
|
One (1) space per employee
|
|
Tradesmen's shops
|
Three (3) spaces per use or three (3) spaces per one-thousand
(1,000) square feet, whichever is greater
|
|
Recreation/Marine
| |
|
Golf courses
|
Four (4) spaces per hole
|
|
Marina
|
One (1) space per boat slip
|
|
Fully enclosed place of recreation
|
Five (5) spaces per one-thousand (1,000) square feet [or one
(1) space per two-hundred (200) square feet or portion thereof]
|
|
Outdoor recreation facilities
|
One (1) space per two (2) participants
|
|
Marine sales/services
|
Three (3) spaces per use or three (3) spaces per one-thousand
(1,000) square feet, whichever is greater
|
|
Other Uses
|
As determined by the Planning Board based upon the ITE Parking
Generation Manual
|
C.
Off-street parking design standards. The following design standards
shall apply to all new and expanded off-street parking areas:
(1)
Parking areas for uses other than single- and two (2)-family
dwellings shall be designed so that vehicles will not back out into
a street.
(2)
Parking areas shall not inhibit emergency vehicle access to
any building or structure.
(3)
Parking areas shall be separated from the front of all buildings
by a landscaped area at least five (5) feet wide.
(4)
Wheel stops/curbs shall be placed where needed to prevent encroachment
into walkways, landscaped areas, circulation aisles, streets and structures.
(5)
Where possible, parking spaces and travel aisles shall be clearly
delineated.
(6)
All parking areas shall be designed to adequately control drainage.
In furtherance of this standard, drainage calculations used shall
reflect a paved condition, and all parking areas shall be constructed
with base material which can withstand normally expected vehicle loading
and winter maintenance.
(7)
In lots with ten (10) or more parking spaces, at least five
percent (5%) of the parking spaces shall be designed and designated
for handicapped parking. These spaces shall be located in close proximity
to the entrances to the building.
[Amended 12-19-2017 by Order No. 17-163-01]
A.
Applicability. All signs erected, altered, displayed, or maintained in all areas of the City and visible from a street shall meet the standards of this section. Signs not in conformance with this section shall be removed. This section shall not apply to signs listed in § 280-14-13A(1) through § 280-14-13A(6).
[Amended 12-3-2019 by Order No. 19-540-01]
(1)
Traffic movement signs and devices erected, altered, displayed,
or maintained by the City or the State.
(2)
Official business directional signs.
(3)
Signs bearing noncommercial messages erected, altered, displayed,
or maintained in the street, outside of traveled ways, by a duly constituted
governmental body, soil and water conservation district, or regional
planning commission.
(4)
Hand-held signs not affixed to the ground or buildings.
(5)
Historic markers and/or plaques.
(6)
Seasonal signs.
B.
General provisions. All signs shall be in conformance with the following
provisions, except as may be otherwise regulated in this chapter including
but not limited to § 280-15-11H(11):
[Amended 12-3-2019 by Order No. 19-540-01]
(1)
Signs shall be clean, legible, and free from all hazards, such
as faulty wiring, loose fastenings, or dilapidated or deteriorated
condition, including, but not limited to, signs which have parts which
are falling off, and shall be maintained so as not to be detrimental
to the public health or safety or create a public nuisance, distraction,
or obstruction that impairs vehicular or pedestrian traffic movement
or safety. If the Code Enforcement Officer finds that a sign does
not meet the requirement of this subsection or is a nuisance or safety
hazard, the sign shall be removed or repaired by the owner of the
land, building, or structure upon which the sign is located.
(2)
Signs shall be designed, located, and maintained so that they
do not create a vehicular or pedestrian traffic, safety, or health
hazard or nuisance due to illumination, placement, display, or manner
of construction. All signs shall be located so as not to obstruct
views of traffic and shall be placed so as to maintain a clear line
of sight for drivers and pedestrians at street intersections and shall
not be located within the area of a triangle with vertices measured
twenty-five (25) feet from the intersection of the curb lines of a
traveled way.
(3)
Signs shall conform to the Building and Electrical Codes.
(4)
Existing nonconforming signs may be rebuilt, maintained, repainted,
or refaced, except that a nonconforming sign shall be brought into
conformity with the provisions of this section when it is enlarged
or relocated or when the principal use of the property is changed
to a residential use as outlined in the Table of Land Uses.[1]
[Amended 9-20-2022 by Order No. 22-440-01]
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(5)
Signs shall be securely connected to the ground or a building
unless the sign can be temporarily moved from place-to-place without
equipment.
(6)
Any sign which becomes a nuisance or safety hazard shall be
removed.
(7)
Temporary signs located on the inside of windows shall not be
included when calculating cumulative sign area and shall meet the
following standards. Signs located on the inside of windows shall:
(a)
Not be permanently affixed to the interior surface of the windows.
(b)
Take up no more than fifteen percent (15%) of total window area
or six (6) square feet of any single storefront, whichever is smaller.
(c)
Be displayed for no more than thirty (30) days with no limit
on the total number of days per year. The date of placement of an
interior window sign shall be written in indelible ink on the lower,
right hand corner of the sign.
(d)
Be removed if the Code Enforcement Officer finds that it is
frayed, torn, broken, or illegible.
(e)
Existing temporary signs that are not in compliance with this
section shall be removed within one (1) year of effective date of
December 3, 2019.
(8)
Any sign at a location where goods, services, or a point of
interest has ceased to be available for a period of one (1) year or
more shall be considered abandoned and shall be removed by the owner
of the land, building, or structure upon which the sign is located.
Any abandoned sign shall not be replaced with a non-conforming sign.
A temporary sign on a property that is for sale may remain on the
property for up to two (2) weeks after the date of sale of the property.
(9)
Freestanding signs shall be set back twenty (20) feet from the street, outside of traveled ways, unless a waiver is granted by the Code Enforcement Officer. The waiver shall be granted only if the required setback cannot be met due to traffic safety, lot area, building or site constraints, or to reflect compact patterns of development described in § 280-15-11. A minimum setback of at least five (5) feet from the curb line or pavement edge shall be maintained.
(10)
A sign shall not exceed one-hundred-fifty (150) square feet
in cumulative sign area, notwithstanding other provisions of this
section.
(11)
A sign shall not exceed twenty-five (25) feet above the ground
level upon which it is located; except that the maximum height of
a sign that is affixed to or is part of a building is ten (10) feet
above the roof of the building.
(12)
Signs, awnings, and canopies may extend over or be placed in
the street, provided that the sign is located at least two (2) feet
behind the curb line, or edge of pavement if no curb exists, and is
located so as not to obstruct pedestrian or vehicular movement.
C.
Prohibited signs. The following signs are prohibited in all areas
unless specifically provided for in this section:
(1)
Off the premises business signs.
(2)
Signs that imitate, resemble, or interfere with official traffic
or emergency control signs, signals, lights, or intersections.
(3)
Signs that move, flash light intermittently, change color, blink, fade, scroll, strobe, or have animated parts or the appearance of movement, except for electronic and changeable displays, as provided for in § 280-14-13H. A revolving barber pole sign is not considered to be a sign that moves.
D.
Signs allowed without a permit. The following types of signs may
be installed in all zones without obtaining a sign permit from the
Code Enforcement Officer; however, they shall comply with all other
applicable standards of this section:
(1)
Public safety signs.
(2)
Signs indicating that access is prohibited.
(3)
Temporary signs, located on the inside of windows or not in
the public right-of-way.
[Amended 12-3-2019 by Order No. 19-540-01]
(4)
Temporary signs bearing noncommercial messages placed within
the public right-of-way, with the following conditions:
(a)
Placement is limited to a maximum of six (6) weeks per calendar
year;
(b)
Shall not be placed within thirty (30) feet of another temporary
sign bearing the same or substantially the same message;
(c)
Shall be labeled with the name and address of the individual,
entity, or organization that placed the sign; and
(d)
The date of placement of the temporary sign and designated time
period that the sign will be maintained shall be written in indelible
ink on the lower, right hand corner of the sign.
[Amended 12-3-2019 by Order No. 19-540-01]
(5)
Address numbers, nameplates, name of a building or structure,
name of the company that built or designed the building or structure,
hours of operation, information about credit cards accepted, decals
identifying membership in the Chamber of Commerce or Sanford Regional
Economic Growth Council, and similar standardized business information.
These types of signs shall be excluded from the cumulative sign area.
[Amended 12-3-2019 by Order No. 19-540-01]
(6)
Movement control signs such as entrance and exit signs at any
premises with the following conditions:
E.
Residential Standards
[Amended 12-3-2019 by Order No. 19-540-01]
(1)
Single family residential properties shall be allowed signs associated with a home occupation as described in § 280-2-2.
(2)
Residential subdivisions, multifamily dwellings, and condominium
complexes, excluding mixed use properties shall:
(a)
Be allowed one permanent freestanding sign, not to exceed twenty-four
(24) square feet. One (1) such sign shall be allowed for each separate
street entrance and/or street frontage. No sign shall extend more
than six (6) feet above the ground.
(b)
Be allowed one (1) sign per building, not to exceed twenty-four
(24) square feet per each street frontage.
(c)
Be allowed temporary signs, not to exceed a total of eight (8)
square feet in cumulative sign area.
(d)
Not be allowed electronic and changeable displays.
(e)
Be allowed to be lighted.
F.
Commercial, industrial, institutional, agricultural, and mixed use
standards. Commercial industrial, institutional, agricultural and
mixed use properties shall:
[Amended 12-3-2019 by Order No. 19-540-01]
(1)
Be allowed one (1) freestanding sign, not to exceed sixty-four
(64) square feet in cumulative sign area per street frontage. Corner
lots and lots with frontage on more than one (1) street are allowed
one (1) additional freestanding sing, not to exceed sixty-four (64)
square feet in cumulative sign area. Freestanding signs used as a
directory of tenants engaged in commercial activity on the premises
shall be allowed an additional six (6) square feet of sign area per
tenant in excess of four (4) tenants.
(2)
Be allowed one (1) building sign per tenant, not to exceed one
and a half (1.5) square feet per one (1) linear foot of the suite
associated with building frontage that faces a public street or parking
lot up to a maximum cumulative sign area of one-hundred-ninety (190)
square feet.
(3)
Be allowed additional building sign area, not to exceed a cumulative sign area of one and one-half (1.5) square feet per one (1) linear foot of building frontage that faces a public street or parking lot, including signage allowed in § 280-14-13F(2).
(4)
Be allowed temporary signs, not to exceed a total of thirty-two
(32) square feet in cumulative sign area placed outside on private
property, with the following conditions:
(a)
Placement is limited to a maximum of thirty (30) days at a time
for no more than a total of ninety (90) days per calendar year.
(b)
Shall not be placed within thirty (30) feet of another temporary
sign bearing the same or substantially the same message.
(c)
Shall be labeled with the name and address of the individual,
entity, or organization that placed the sign; and
(d)
Shall be labeled with the date of placement of the temporary
sign in the lower, right hand corner of the sign.
(5)
Be allowed one (1) electronic and changeable display for each
sign face, not to exceed twenty-four (24) square feet per sign face.
G.
Lighting standards.
(1)
Luminaires shall be fully capped, shielded, and directed at
the sign being illuminated. No light shall be directed at any portion
of the public way or be of such intensity or brilliance as to cause
glare or impair the vision of an operator of any motor vehicle or
otherwise interfere with any driver's operation of a motor vehicle.
[Amended 12-3-2019 by Order No. 19-540-01]
(2)
Signs shall be illuminated so that they do not create a public
hazard or nuisance for the traveling public and/or neighborhood. Lamps
and light bulbs, in general, shall be shielded by landscaping and/or
other means and shall be directed to minimize glare and light pollution
beyond the signage.
[Amended 12-3-2019 by Order No. 19-540-01]
(3)
Internally illuminated signs shall be lighted so they do not
create a hazard or nuisance for the traveling public and/or neighborhood.
Lamps and light bulbs, in general, shall be fully shielded inside
the fixture to reduce glare and light pollution.
(4)
Sign lighting shall not be motion activated.
H.
Electronic and changeable displays.
[Amended 12-3-2019 by Order No. 19-540-01]
(1)
The display on each side of an electronic and changeable display
may not have a message period of less than ten (10) seconds. If a
message changes it must be without transition or animation. The change
of message shall occur simultaneously for the entire display. The
display may not phase, fade, dissolve, pulse, roll, scroll, flash,
move, blend or contain any movement-type changes between or during
display periods. The display may not stream information or contain
video animation. Official public notices are exempt from these standards.
(2)
The display may consist of alphabetical or numeric text on a
plain or colored background and may include graphic, pictorial, and
photographic images.
(3)
An electronic and changeable display shall contain automatic
dimming controls, either by photo cell or software settings and shall
comply with the maximum luminance level of one-hundred (100) candelas
per square meter at least one-half (1/2) hour before sunset and one-half
(1/2) hour after sunrise as determined by the National Oceanic and
Atmospheric Administration for the specific geographic location and
date to reduce hazard or nuisance for the traveling public and/or
neighborhood and to reduce glare and light pollution.
I.
Planning Board approval. The Planning Board may approve the installation
of either:
J.
Substitution clause. For every commercial sign that is allowed under
this chapter, any non-commercial message may be legally substituted.
[Amended 12-3-2019 by Order No. 19-540-01]
