[Amended 1-13-1997 by Ord. No. 97-59]
A. 
Administrative appeals. The Board of Appeals shall hear and decide matters de novo where written appeal alleges an error in any interpretation, order, requirement, decision or determination of the Code Enforcement Officer in the enforcement of this chapter.
[Amended 2-24-2003 by Ord. No. 03-76]
B. 
Variances. The Board of Appeals, as established by the Code of the City of Bangor, Chapter 23, Article I, shall decide upon written requests for variances from the terms of this chapter. Variances shall be limited to variations in the dimensions and placement of signs. Before the Board may grant a variance, it must find that relaxation of the term of this chapter would not substantially depart from the intent and purposes of this chapter and that literal enforcement of this chapter would result in undue hardship. The burden of showing undue hardship is on the applicant.
(1) 
Before the Board may exercise its discretion and grant a variance on the grounds of undue hardship, the applicant must show that:
(a) 
The plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question and not due to general conditions in the neighborhood.
(b) 
The alleged hardship includes substantially more than mere inconvenience or inability to attain a higher financial return, or both.
(c) 
The sign to be authorized by the variance will not alter the essential character of the neighborhood.
(d) 
The alleged hardship is not the result of action taken by the applicant or a prior owner of the property.
(2) 
The Board shall grant a variance only upon the concurring vote of at least four of its members, and in so doing shall prescribe conditions and safeguards as are appropriate for carrying out the intent and purposes of this chapter.
[Amended 8-11-1997 by Ord. No. 97-336; 3-23-1998 by Ord. No. 98-135]
Any sign which was lawfully erected and which fails to comply with the requirements of this chapter or any sign which legally exists but fails to meet the requirements of this chapter as the result of a future amendment to this chapter is a nonconforming sign. It is the intent of this section to strongly disfavor nonconformities and to encourage their elimination; however, it is also the intent of this section to treat nonconformities fairly and realistically by allowing certain ameliorative changes. Therefore, nonconformities may continue subject to the following conditions:
A. 
Increases prohibited. Nonconforming signs shall not be expanded, enlarged in any dimension, relocated, or otherwise moved, except as permitted by § 260-6J of this chapter. Upon issuance of a sign permit from the Code Enforcement Division, the face of a nonconforming sign may be changed, provided that the nonconforming aspects of the sign are not increased.
[Amended 2-24-2003 by Ord. No. 03-76; 11-9-2009 by Ord. No. 09-320]
B. 
Restoration of nonconforming sign prohibited. If any nonconforming sign is destroyed or if any sign is discontinued for 36 consecutive months, the right to continue it shall terminate, regardless of the owner's intent to retain the nonconforming sign.
[Amended 2-24-2003 by Ord. No. 03-76; 4-25-2016 by Ord. No. 16-146]
C. 
Repairs. Ordinary repairs and maintenance of nonconforming signs are permitted.[1]
[1]
Editor's Note: Former Subsection D, Changes to nonconforming signs, which immediately followed this subsection, was repealed 2-24-2003 by Ord. No. 03-76.
Any person who violates any provision of this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues constitutes a separate offense. All fines assessed hereunder shall inure to the benefit of the City of Bangor.
[Added 11-9-2009 by Ord. No. 09-320]
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions, clauses, sentences, or paragraphs or applications of this chapter.