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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. The sign regulations adopted by the City are intended
to help achieve the following public purposes: to protect property
values; enhance and protect the physical appearance of the community;
preserve the scenic and natural beauty; provide a more enjoyable and
pleasing community; 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 a public right of
way; provide more open space; and curb the deterioration of natural
beauty and community environment.
With respect to the City regulatory policy of allowing businesses
that depend on walk- by customers to display sandwich board signs
located on the public sidewalk, the purpose is to encourage a colorful
and healthy business environment in a pedestrian oriented downtown
and waterfront area. In addition, such signs are intended to assist
the public to more easily find downtown and waterfront businesses
and to enhance the character and streetscape of the downtown, while
not unduly interfering with the public's ability to easily use
downtown sidewalks.
[8-16-2016]
Except as otherwise herein provided, no person shall erect,
modify or move any signs without first applying for and obtaining
from the Code Enforcement Officer a sign permit. The Code Enforcement
Officer shall issue a sign permit for an application that is in compliance
with the provisions set forth in this chapter. The application shall
be on forms prescribed and provided by the Code Enforcement Officer
setting forth such information as may be required by him for a complete
understanding of the proposed work. A sign that is electrically illuminated
shall require an electrical permit.
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No sign shall be erected or altered except in conformity with
the provisions of this chapter. The sign must be kept clean, neatly
painted and free from all hazards, such as but not limited to, faulty
wiring and loose fastenings, and must be maintained at all times in
such safe condition so as not to be detrimental to the public health
or safety or detrimental to physical appearance or scenic or natural
beauty of the community, or constitute a distraction or obstruction
that may contribute to traffic accidents.
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No sign, whether new or existing, shall be permitted that causes
a sight, traffic, health or welfare hazard or results in a nuisance
due to illumination, placement, display, or manner of construction.
No sign shall project over a traveled way (street or road).
[8-16-2016]
For the purpose of this chapter, the term "sign" does not include
signs erected and maintained for public safety and/or welfare or pursuant
to and in discharge of any governmental function, or required by law,
ordinance or governmental regulation, nor to a "name sign" not exceeding
one square foot in area identifying the name(s) of the residents of
the premises where such sign is located.
[8-16-2016]
In the event that any section, subsection or any portion of
this chapter shall be declared by any court of competent jurisdiction
to be invalid for any reason, such a decision shall not be deemed
to affect the validity of any other section, subsection or other portion
of this chapter, to this end; the provisions of this chapter are hereby
declared severable.
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Any person, including but not limited to a landowner, a landowner's
agent or a contractor, who violates any provision of this chapter
shall be penalized in accordance with Title 30-A M.R.S.A. § 4452
as now existing or subsequently amended.
In addition, the City of Belfast shall be entitled to all of
the relief, including its costs and legal fees as allowed by said
§ 4452. Notwithstanding any provision to the contrary, including
the provisions of 30-A M.R.S.A. § 4452, as now existing
or amended in the future, the City of Belfast shall be entitled to
judgment against any violator for its costs, expert witness fees,
code enforcement expenses and attorneys' fees incurred in enforcing
this chapter.
The City of Belfast shall also have the right to enforce the
provisions of this chapter through civil action, either at law or
equity. The enforcement provisions herein contained shall exist in
addition to those which may exist under Maine statutory law or Maine
Rule of Civil Procedure 80K, or any other court rule or statutory
provision.
Each and every day of violation shall constitute a new and separate
offense for which a minimum penalty of $100 shall be assessed.
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It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this chapter.
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Fees for all sign permit applications shall be determined by
the Belfast City Council, and an applicant for a sign permit shall
pay the identified fee as a condition of issuance of a permit by the
Code Enforcement Officer.