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Eliot City Zoning Code

ARTICLE XI

SIGNS

Sec. 45-526.- Definitions.

(See section 1-2).

Editor's note— A Town Meeting held on Nov. 6, 2001, art. 4, revised § 45-526, which pertained to definitions. See the Code Comparative Table at the end of this Code for complete derivation. Former provisions of this section can now be found in § 1-2 of this Code.

Sec. 45-527. - Sign area.

The aggregate area of all signs upon a lot or premises, except where otherwise provided in this article, shall not exceed the maximum area permitted in that district.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.2))

Sec. 45-528. - Measurements.

(a)

Sign measurements shall be based upon the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such perimeter which do not form an integral part of the display. In determining the area of a wall sign, the aggregate area of all characters shall be credited toward allowable sign area at one-half the measurement.

(b)

Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

(c)

In a commercial or industrial establishment under separate ownership on one parcel within the commercial/industrial district, a common freestanding structure shall be permitted adjacent to a town way or interior street, provided that such sign:

(1)

Identifies establishments located within the parcel;

(2)

Does not exceed one sign per use;

(3)

Does not exceed ten square feet per sign in area;

(4)

Does not exceed 100 square feet in size.

(d)

On any parcel containing two or more commercial or industrial establishments, each establishment may have one wall-mounted identification sign not exceeding 50 square feet in size. The sign may be placed on the exterior of the building housing the establishment. Signs which are placed inside store windows shall be exempt from the maximum allowable area requirement and do not require a sign permit.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.3))

Sec. 45-529. - Message.

Signs shall identify or advertise only a use or activity conducted on the lot in which they are placed, unless the appeals board, upon request, makes a determination that an offsite sign conforming to those district regulations in which the sign is located is necessary to protect the interests of a use not occupying the same lot. Written authorization for such signs shall be required from the landowner of the lot in question.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.4))

Sec. 45-530. - Illumination.

(a)

The color or format of any sign shall not resemble or conflict with traffic signs or signals. Signs with flashing lights or moving parts shall be prohibited, and gas-filled light tubes shall be allowed only when used for indirect illumination and when placed in such a manner that light tubes are not exposed to public view. Illumination of signs shall be designed and conducted in such a manner as to reflect light away from residential properties and motorists' vision.

(b)

Neon or tubular gas-filled signs shall be permitted in the commercial-industrial zone; provided they are located at least 200 feet from any existing residential use or are effectively screened from view of any existing residential use located less than 200 feet from such signs by trees, shrubs, fences, walls, berms or any combination thereof.

(c)

Direct or indirect illuminated signs shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the appeals board, by variance, makes a determination that the nature of the businesses or services offered require that the sign be illuminated.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.5))

Sec. 45-531. - Structural characteristics.

The following limitations shall apply to freestanding, projecting, parallel and wall signs:

(1)

Freestanding signs shall not exceed 20 feet in height.

(2)

Projecting signs shall not be higher than the eave line or parapet wall of the principal building and shall have a minimum clearance of eight feet above grade when located and adjacent to or projecting over a pedestrian way. Projecting signs shall not extend horizontally in excess of four feet from the building wall, except where such sign is an integral part of an approved canopy or awning.

(3)

Wall signs and parallel signs shall not be higher than the eave line or parapet wall of the principal building. No part of a wall sign, including cutout letters, shall project more than six inches from the building wall. No part of a parallel sign, including the display surface, shall project more than 12 inches from the building wall.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.6))

Sec. 45-532. - Placement.

(a)

Signs of a political or promotional nature shall be permitted, provided they do not exceed three square feet in area, and are not to be in place in excess of 90 days prior to the intended use or activity. Such signs shall be removed no later than eight days after the completion of the function for which they were intended.

(b)

A sign and structure shall not be attached or placed closer than eight feet to a utility pole or structure which supports wires or cables. The owner of the utility pole or structures shall be exempt from this subsection.

(c)

Temporary construction signs shall be permitted provided they are removed upon completion of the use or activity involved. Construction signs which also advertise buildings or space for sale or lease shall be removed no later than 12 months after completion unless an extension of time is granted by the planning board.

(d)

Directional signs which are freestanding or projecting nonilluminated, conform to a standardized design, and do not exceed six inches by 30 inches in dimension may be erected in any district without a required permit.

(e)

Residential identification signs which are freestanding, projecting, or wall signs may be erected on the same lot with any single-family dwelling. Such signs shall not exceed three square feet, shall not exceed two signs per premises, and shall not require a permit.

(f)

Signs not exceeding two square feet in area and relating to trespassing and hunting shall be permitted in all districts and shall not require a permit.

(g)

Sale or rental signs which are nonilluminated or wall signs shall be permitted in any district if not exceeding six square feet in area.

(h)

For properties abutting Route 236, no sign that will be anchored into the ground or is otherwise not designed, according to applicable safety standards, to break away in the event of a motor vehicle collision may be located wholly or partially within the Route 236 right-of-way. In no case shall such a sign be located nearer than 20 feet from the edge of the Route 236 pavement. In other locations, such a sign shall not be located nearer than eight feet from the right-of-way boundary or nearer than eight feet from the edge of the travelled way. A lesser distance from the edge of pavement may be allowed by the permit-issuing authority upon written justification by a qualified, licensed engineer that such a sign complies with applicable clear zone standards for the ad jacent roadway's design speed and complies with paragraph (i) below.

(i)

No sign shall be located 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 traffic sign, signal, or device or otherwise constitute a hazard to pedestrian or vehicular traffic. All such signs shall be erected in accordance with the provisions of 23 M.R.S.A. ch. 21, pertaining to outdoor advertising.

(T.M. of 11-2-1982; T.M. of 6-26-1985; T.M. of 11-23-1985; T.M. of 11-4-1986; T.M. of 4-21-1987; T.M. of 3-19-1988; T.M. of 12-20-1989, (§ 335.7); T.M. of 6-14-2022(5), art. 27)

Sec. 45-533. - Discontinued or nonconforming signs.

(a)

It is unlawful to maintain any sign for more than 30 days which has become obsolete because of the discontinuance of the business, service, or utility which it advertises; because of the removal of the activity from the location to which the sign directs; or for any other reason. The fact that an obsolete sign is nonconforming shall not be construed as modifying any of the requirements of this article.

(b)

Except as provided in subsection (c), nonconforming signs which were in existence at the time of the adoption or applicable amendment of this article shall be permitted to remain.

(c)

On properties abutting Route 236, signs currently installed along Route 236 that: (1) do not have a valid sign permit issued by the code enforcement officer; (2) currently comply with this chapter, but were not in compliance with this chapter prior to June 15, 2022, because they were located closer than eight feet from the front lot line; and (3) do not otherwise constitute a hazard to safety or public welfare are eligible to receive an after-the-fact sign permit and maintain their current location as long as such permit is applied for by June 15, 2023.

(T.M. of 11-2-1982; T.M. of 6-26-1985; T.M. of 11-23-1985; T.M. of 11-4-1986; T.M. of 4-21-1987; T.M. of 3-19-1988; T.M. of 12-20-1989, (§ 335.8); T.M. of 6-14-2022(5), art. 27)

Sec. 45-534. - Road signs.

All roads shall bear appropriate signs installed by the person proposing or requesting acceptance of the same by the town. The signs shall comply with all applicable local and state ordinances, statutes and regulations. The road commissioner or code enforcement officer shall approve the location and size of each sign so erected. The applicant shall bear all costs of providing and installing such sign and any related fees for the same.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 335.9))