In areas delineated as special flood hazards
on the Flood Hazard Boundary Maps prepared by the Flood Insurance
Administration, all new construction, additions and modifications
to existing structures shall conform to any municipal, state or federal
regulations.
[Amended 9-8-2008; 11-26-2013; 11-22-2016]
A. The following provisions shall apply to signs in all zoning districts:
(1) No sign shall be erected adjacent to any public way in such a manner
as to obstruct clear and free vision or where, by reason of its position,
shape, color, illumination or wording, the sign may interfere with,
obstruct the view of or be confused with any authorized sign, signal
or device or otherwise constitute a hazard to pedestrian or vehicular
traffic.
(2) Roof-mounted signs are prohibited. Signs shall not project above
the eave lines or parapet walls of buildings to which they are attached.
Flat-roofed buildings, with or without artifice to look like a gable
roof from the front, are prohibited from using roof-mounted signs.
(3) Any sign that uses movement or a change of lighting to depict action
or create a special effect or scene is prohibited. A sign or portion
thereof with characters, letters or illustrations that can be changed
electronically without altering the face or surface of the sign and
on which the message changes more than once per day is regulated as
an animated sign and is therefore prohibited. A sign on which the
only changes are electronic or mechanical indication of time or temperature
is allowed if it complies with all other sign-related provisions.
(4) No sign shall be located within 10 feet of a street line or other
lot line except in the B1 District where no setback shall apply.
(5) All signs shall relate to goods and services available on the premises
on which the sign is located.
(6) Light sources shall utilize energy-efficient fixtures to the greatest
extent practicable. Sign illumination shall be selected and positioned
to achieve the desired brightness of the sign with the minimum possible
wattage.
(7) Sign illumination light levels shall be deemed acceptable if they
do not exceed a factor of three above the ambient light intensity
at any point on the ground when measured with an incident light meter
and using the following procedure at least one hour after sunset:
(a)
The intensity of the sign illumination, in footcandles, is measured
with all normal background and ambient illumination on;
(b)
With the sign turned off, the same measurement is repeated;
(c)
The ratio of the measurement in (a) to that in (b) shall not
exceed three. It shall be the responsibility of the applicant to provide
documentation that the proposed sign lighting meets the above requirement.
(8) All illuminated signs must be hooded or shielded or otherwise designed
so that the lighting is confined to the area of the sign in order
to prevent direct light from spilling onto traveled ways or neighboring
properties.
B. The following provisions apply to signs proposed in the residential
zoning districts:
(1) No sign or portion of a sign structure shall exceed eight feet in
height, measured from the adjacent road surface.
(2) Only one freestanding sign, no larger than six square feet in area
on each side, shall be erected per building. Only one wall sign, not
exceeding eight square feet in area and no higher than the peak of
the roof, is permitted in addition to the freestanding sign.
C. For all commercial uses in the B1, B2 and BR Districts, a sign or
signs may be erected in accordance with the following:
(1) Internally illuminated signs are prohibited. Signs shall be externally
illuminated only with steady, stationary shielded light sources directed
solely onto the sign without causing glare.
(2) One freestanding sign up to 12 feet in height and 12 feet in area
as measured on one display side, or one projecting sign projecting
not more than five feet from the wall up to 10 square feet in size
as measured on one display side, plus one of the following:
(a)
One wall sign mounted flush on the wall up to eight square feet;
(b)
One wall sign (when part of the architectural design of the
building) consisting of individual letters or symbols not to exceed
15% of the wall area; or
(c)
One window sign consisting of individual letters or symbols
not to exceed 30% of the total glass area of the building front.
D. In addition, signs in all districts are subject to the following
provisions:
(1) Where a wall sign is part of the architectural design of a building,
the area of the sign shall be considered to be that of the smallest
rectangle or other regular geometric shape which encompasses all of
the letters or symbols.
(2) All wall signs must be located below the cornice line or second story
window sill, whichever is lower.
(3) Where a number of signs are proposed as part of a unified complex,
the maximum sign area permitted is 18 square feet for the sign bearing
the name of the building or complex and two square feet for the name
of each business located there. If a complex has over 300 feet of
frontage, it will be allowed two freestanding signs.
(4) The following signs are exempt from the above provisions: memorial
tablets, public notices, public safety signs, emergency or temporary
construction-related signs, on-premises real estate signs, flags and
insignia except when displayed in connection with a commercial promotion,
religious symbols or insignia, historical plaques, house numbers,
political signs, temporary special event (30 days or less) banners,
signs on vending machines or newspaper racks and interior signs.
E. For retail or commercial uses in the Industrial Zone 2, one freestanding
berm or monument sign up to 64 square feet is allowed for each street
frontage.
[Amended 8-10-2021]
F. For retail
or commercial parks (more than five businesses in one complex) located
in the Industrial Zone 1, a waiver may be granted for an off-premises
sign by the South Berwick Town Council. Prior to an application submission,
the applicant must secure approval from the off-premise owner (CMP)
and from MDOT for erection of the sign.
[Added 8-10-2021]
(1) There
shall be no more than one sign allowed per business park entity.
(2) The
sign area shall not exceed 100 square feet in total.
(3) Two-sided
signs must reflect mirror images and not exceed 100 square feet per
side.
(4) Individual
business tenant signs shall not exceed two square feet.
(5) Sign
height shall not exceed 18 feet.
G. The following shall apply to official business directional signs
(OBDS):
(1) An individual business or service, upon application, may be assigned
OBD signs. An OBDS shall be designed and located as to not conflict
with other signs and minimize impact on the scenic and historical
environment through the following standards:
(a)
Dimensions: nine inches by 48 inches;
(b)
Reflectorization: nonreflective only;
(c)
Location: No new sign posts shall be placed within the designated
areas of Town until all three designated spots on a post have been
filled. If a sign is taken down due to business closure, a new business
applying for an OBD sign shall locate on the existing open location
before a new sign pole is erected.
(2) No new OBD signs shall be located in the downtown area as defined
on the accompanying map and as follows:
(a)
Main Street at Route 236 (Berwick Road), south to the intersection
of Main Street/Route 236 (Harold L. Dow Highway) and Main Street (Route
4), as well as Portland Street (Route 4) at Main Street, east to the
intersection of Agamenticus Road and Jewett Avenue.
(b)
No new signs shall be placed on any local streets at any location
within the Town's limits.
(c)
No new signs for businesses located outside the Town of South
Berwick shall be placed within the Town of South Berwick.
(d)
No more than two sign posts shall be located on the same approach
to an intersection.
(e)
Sign locations shall be limited to State Routes 4, 91, 101 and
236.
(3) All OBD signs located within the area described above in Subsection
F(2) shall be considered lawfully nonconforming at the effective date of adoption.
(a)
No sign located in the area defined in Subsection
F(2) shall be replaced or repaired in the future. If the Department of Transportation identifies the sign for repair or replacement, the sign cannot be replaced in this location but may be relocated to a post outside of the defined area.
Lighting may be used which serves security,
safety and operational need but which does not directly or indirectly
produce a deleterious effect on abutting properties or which would
impair the vision of a vehicle operator on adjacent roadways. Lighting
fixtures shall be shielded or hooded so that the lighting elements
are not exposed to normal view by motorists or pedestrians or residents
from adjacent dwellings.
No emission of dust, ash, smoke or other particulate matter which can cause damage to human or animal health, vegetation or property by reason of concentration or toxicity or which can cause soiling beyond the property boundaries is permitted which is composed of solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at the point of emission from a chimney stack. The emission of non farming, odorous matter in such quantities, as determined by the Code Enforcement Officer, to be offensive at the lot boundaries is prohibited. As a guide for determining quantities of offensive odors the Code Enforcement Officer shall refer to the smallest values in Table III of Chapter
5 of the Air Pollution Abatement Manual by the Manufacturing Chemists' Association, Inc.
No flammable or explosive liquids, solids or
gases shall be stored in bulk above ground unless they are located
at least 75 feet from any lot line or 40 feet for underground storage.
The applicant shall provide for the disposal
of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Planning Board shall consider the impact of particular
industrial or chemical wastes or by-products upon the Town's facilities,
in terms of volume, flammability or toxicity, and may require the
applicant to dispose of such wastes elsewhere, in conformance with
all applicable state and federal regulations. The Board shall require
the applicant to specify the amount and exact nature of all industrial
or chemical wastes to be generated by the proposed operation.
[Amended 6-15-2009; 5-9-2023]
All development shall be designed, constructed,
and maintained in accordance with the erosion and sediment control
measures specified in the Maine Erosion and Sediment Control BMP Manual,
October 2016, or latest revision thereof.
All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. This shall be accomplished by enclosures in containers, raising materials above ground, separation of material, prevention of stagnant water, extermination procedures or other means. Exposed storage areas for machinery, raw materials or finished products or mineral excavation and processing operations shall meet the minimum setback for the district in which the use is located and screening (as outlined in §
140-32, Buffer areas) sufficient to provide a visual buffer to minimize their adverse impact on abutting land uses. Where a potential safety hazard to small children would likely arise, physical screening to prevent access shall be provided. The permanent outdoor storage of items for sale such as building materials, trees/shrubs and automobiles shall also meet the provisions of §
140-32, Buffer areas.
No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located toxic and noxious matter in concentrations in excess of 1/4 of the maximum allowable concentration set forth in Table I of the Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter
5 of the Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C., as subsequently amended or revised, which is hereby incorporated in and made part of this section by reference.
Vibration inherently and recurrently generated
shall be imperceptible without instruments at lot boundaries.
All uses must connect to the South Berwick Water
District system when service can be extended to satisfy the daily
consumption demands and fire protection needs required for the development
or facility. Wherever the development cannot be adequately serviced
by the South Berwick Water District, evidence of the estimated quantity
of groundwater or surface water to be taken or used shall not substantially
lower the groundwater table or surface water levels; cause adverse
changes in groundwater flow patterns; or cause ground subsidence.
All land uses shall be located on soils in or
upon which the proposed uses or structures can be established or maintained
without causing adverse environmental impacts, including severe erosion,
mass soil movement and water pollution, whether during or after construction.
Proposed uses requiring subsurface waste disposal and commercial or
industrial development and other similar intensive land uses shall
require a soils report, prepared by a state-certified soil scientist
or geologist based on an on-site investigation. Suitability considerations
shall be based primarily on criteria employed in the National Cooperative
Soil Survey as modified by on-site factors, such as depth to the water
table and depth to refusal.