Westbrook City Zoning Code
ARTICLE X
Signs
§ 335-10.1 Purpose.
A sign or advertising device of any nature may not be erected on or affixed to any building except as specifically permitted by Article X.
§ 335-10.2 Application process.
A.
Permit required. Except as otherwise provided herein, a sign or advertising device of any nature may not be erected on a lot or affixed to the exterior of any building or structure without first obtaining a sign permit from the Code Enforcement Officer (CEO).
B.
Computation of area. The area of a sign is determined by connecting the exterior points of the signboard or display elements, whichever is larger. It must include any open space between display elements. Display elements include letters, words, trademarks, medallions, symbols, and other devices intended to advertise or indicate the name of the premises, products or services available.
C.
Submission requirements.
(1)
All permit applications shall include a color drawing showing all sign dimensions and building dimensions as necessary, types of materials, wording, colors to be used, along with any proposed illumination, and a visual depiction of where the sign would be located on the site.
(2)
Day and night renderings for illuminated signs may be required.
D.
Permit decision. Once the CEO is in receipt of a complete application, the CEO shall approve, approved with conditions, or deny the application.
§ 335-10.3 General provisions.
A.
Location/setback. A sign requiring a sign permit shall be set back a minimum of 1/2 the minimum yard depth of the underlying zoning district.
B.
Illumination. In all districts, a lighting fixture that directly or indirectly illuminates a sign must be designed so that the light source itself is shielded from view and does not shine directly into the right-of-way or onto adjacent properties. This does not apply to signs illuminated by neon or illuminated tube type signs.
C.
Highway guide signs. The City of Westbrook or the Westbrook/Gorham Community Chamber of Commerce may erect a guide sign on each entrance to Westbrook. Each sign must be placed so as to be in view only from Routes 302, 25, and 22, Spring Street, and Stroudwater Street. Maximum size shall be 10 feet by 20 feet, with directions focused on general areas rather than as advertisement for specific businesses.
D.
Consolidated service club sign. Service clubs in the City may have a consolidated sign in any district on each of Routes 25, 302, and 22, Spring Street and Stroudwater Street entering the City. Each sign must meet the following requirements:
E.
Temporary signs on public property or within the public right-of-way. Temporary signs shall be allowed on public property or within the public right-of-way, with no permit required, for a period of no more than 12 weeks in a calendar year provided the following criteria are met:
(1)
Only noncommercial signage is permitted on public property or within the public right-of-way. Signs bearing a commercial message are prohibited.
(2)
A temporary sign may not exceed two feet by three feet in size.
(3)
A sign under this subsection must include or be marked with the name and address of the individual, entity or organization that placed the sign within the public right-of-way and the date the sign was erected within the public right-of-way.
(4)
A temporary sign shall not result in a sight, traffic, health or welfare hazard to pedestrian or vehicular traffic due to placement, or manner of construction or display.
(5)
Any damage to public property or utilities that is caused by a temporary sign, including but not limited to sign installation, is the responsibility of the sign owner. The Director of Public Services shall determine whether damage has occurred and the cost of repair. The sign owner will then be notified in writing and payment is required within 30 days of the date of notice.
(6)
A temporary sign may not be placed within 30 feet of another temporary sign bearing the same or substantially the same message.
(7)
Illumination of a temporary sign is prohibited.
(8)
For the purpose of temporary signs located within the Shoreland Zone, signs shall be considered to be a structure and must comply with all shoreland standards, including but not limited to setbacks and permitting. No signs are permitted below the normal high-water line of a water body or within a wetland.
(9)
Signs shall not be erected or maintained on the following:
(10)
Temporary signs are prohibited from being affixed to the grounds of the following locations:
(11)
Removal process. Removal of unlawful signs shall be conducted in accordance with 23 M.R.S.A. § 1917.
F.
Banner signs in the public right-of-way.
(1)
The Director of Public Services may permit a system of decorative banners or banners identifying community events open to the public to be placed by a business group or civic group on light poles on public property along Main Street, William Clark Drive, or Bridge Street. Signage shall not be deemed permanent.
(2)
The Director of Public Services may permit a person or organization to install a banner sign across a public right-of-way under the following conditions:
(a)
City-wide interest. The purpose of the banner must be to announce a function of City-wide interest, including place of worship events, concerts, fund-raisers or similar activities.
[Amended 6-3-2024 by Ord. No. 2024-61]
(b)
State and local law. The installation of the banner must meet all the requirements of state and local law. The person requesting the installation of the banner must provide a sketch showing the dimensions, method of installation, materials, and text of the banner. The Director of Public Services shall establish the dates of installation and removal.
G.
Nonconforming signs. Nonconforming signs shall be subject to the following provisions:
(1)
Continuance. Nonconforming signs may continue to exist, so long as the use remains the same, the business remains open to the public, and if the signs are maintained in a safe, neat and clean condition.
(2)
Discontinuance. Any sign, along with its supports, which no longer advertises an existing business, primary product sold, activity being conducted, or public notice shall be taken down and removed by the owner, agent or person having beneficial use of the building or premises upon which such sign may be found within 12 months after the activity has ceased.
(3)
Alteration or relocation. The Code Enforcement Officer may approve the alteration or relocation of a lawfully nonconforming sign so long as it is reduced in size by at least 25% of the original sign size. This could be achieved through eliminating signs or reducing the overall size of the sign. Where there are additional alterations or relocations beyond that there must be an additional reduction in size of at least 25% until such time as the sign size is no longer nonconforming. Alteration could include a change in illumination or of any component of the sign other than for basic maintenance to ensure a safe, neat and clean condition.
(a)
The repair or replacement of a panel within a nonconforming sign is permitted without reduction provided no other components of the sign, including but not limited to sign frame, supports and illumination, are altered or relocated.
(b)
The Code Enforcement Officer may permit the repair of a nonconforming sign without reduction provided the repair is to the benefit of public health and safety, or the damage was caused by a weather or other third-party event that is no fault of the property owner.
(4)
Any entity proposing a development requiring site plan review shall, as a condition of any approval of such development proposal, be required to bring any signs into conformance with the provisions of this article, except as follows:
(a)
Individual lawfully nonconforming signs which are within developments seeking amended site plan review approval and which will not be altered as part of the proposed project are not required to be brought into conformance with this article unless the development proposal involves at least a twenty-percent increase in the total on-site building footprint or a change in use of the property. New and altered signs in such developments shall conform to this article.
§ 335-10.4 Signs in Residential Growth Area 1, Residential Growth Area 2, Residential Growth Area 3 and Rural Districts.
The following provisions apply to signs in residential zoning districts:
A.
General. All signs or advertising devices must be permanently affixed to the real estate. They may only identify the occupant of the premises or advertise the article or services available on the premises on which they are situated.
B.
Sign types.
(1)
Ground-mounted signs.
(a)
Bulletin board or identification sign.
[1]
One bulletin board or identification sign for a permitted nonresidential building or use, containing not more than six square feet of signboard area, is permitted.
[Amended 12-21-2020 by Order No. 2020-153]
[2]
For places of worship, schools, and public institutions, two bulletin boards or identification signs are permitted for each building. Each sign may contain not more than 10 square feet of signboard area.
[Amended 6-3-2024 by Ord. No. 2024-61]
[3]
A bulletin board or informational sign must be set back at least 1/2 of the required front yard depth.
(b)
Rental area. On the premises of an apartment building or rental housing area, there may be one identifying sign containing not more than six square feet of signboard area.
(c)
Subdivision sign.
[1]
Temporary. A temporary sign is allowed without a permit to advertise an approved subdivision site while construction is under way. The sign may not contain more than 12 square feet of signboard area.
[2]
Permanent. A permanent sign is permitted to identify a neighborhood that has been created as the result of a subdivision approved by the Planning Board. The sign may not be placed in the right-of-way, nor block safe sight distances along a road. Total area of sign shall not exceed 16 square feet.
(2)
Temporary signs not located on public property or within the public right-of-way.
(a)
Real estate signs. One "For Sale," "For Rent," or "For Lease" sign is allowed without a permit on the property, containing not more than six square feet of signboard area and advertising only the premises on which the sign is located. Where the property fronts on two streets, one sign is permitted facing each street.
(b)
Construction sign. On the premises of a building under construction or renovation, one sign not exceeding five square feet of signboard area is allowed without a permit per contractor, subcontractor, or architect actually employed on the premises. Total area of all signs shall not exceed 32 square feet.
(3)
Building-mounted signs.
(a)
Sign allowance.
[1]
On the premises of a business which is legally operating in a residential zoning district, other than those described in § 335-10.4A, there may be one sign advertising that business containing an area of not more than 16 square feet.
[2]
All signs or advertising devices must be permanently affixed to the structure in which the business is located. Unless otherwise permitted, signs shall not contain any visible moving or movable parts.
(4)
Changeable message board. Changeable message board signs are allowed and are calculated within the allowable sign area for the business. Changeable message boards may change not more than once every five minutes and shall maintain an unlit background with only the illumination of the lettering or text.
C.
Illumination. The lighting of neon or other illuminated tube type signs or advertising device is not allowed in Residential Growth Area 1, Residential Growth Area 2, Residential Growth Area 3 and Rural Districts.
§ 335-10.5 Signs in Highway Services District, Gateway Commercial District, Industrial Park District, Manufacturing District and Highway Commercial 1.
[Amended 9-23-2024 by Ord. No. 2024-107]
The following provisions apply to signs in the Highway Services District, Gateway Commercial District, Industrial Park District, Manufacturing District and Highway Commercial 1:
A.
General.
(1)
All signs or advertising devices must be permanently affixed to the real estate. They may only identify the occupant of the premises or advertise the article or services available on the premises on which they are situated.
(2)
Number of signs; maximum height. On each lot, not more than two signs are permitted affixed to each exterior face of a building fronting on a public street or parking lot for each occupant. The topmost element of any sign may not be higher than 10 feet above the cornice line of the building.
(3)
Overhanging signs. Signs may not overhang the public right-of-way.
B.
Total sign allowance.
(1)
Highway Services and Gateway Commercial Districts.
(a)
The total area of all signs for properties located in the Highway Services and Gateway Commercial Districts that are 40,000 square feet or less in land area shall not exceed 500 square feet.
(b)
The total area of all signs for properties located in the Highway Services and Gateway Commercial Districts that are more than 40,000 square feet of land area shall not exceed 500 square feet for the first 40,000 square feet of land area plus 100 square feet for each additional 40,000 square feet of land area.
(2)
Industrial Park District. The total area of all signs for properties in the Industrial Park District shall not exceed 300 square feet.
(3)
Manufacturing District and Highway Commercial 1. The total area of all signs for properties located in the Manufacturing District and Highway Commercial 1 shall not exceed 250 square feet.
C.
Sign types allowed.
(1)
Building-mounted signs. The total area of all signs permitted on the face of a building fronting on a public street or parking lot may not exceed 100 square feet for each 25 feet of building frontage, except that in the Industrial Park District the total area may not exceed 200 square feet.
(2)
Ground-mounted signs.
(a)
Sign allowance. Where buildings are set back at least 40 feet, one freestanding sign may be erected within the open space fronting upon a public street. The topmost element of a freestanding sign may be no more than 25 feet above the average level of the ground between the supports of the sign. The sign must not obstruct the view of oncoming pedestrian or motor vehicle traffic.
[1]
Divided building. Where a building is divided by partitions and is occupied by separate entities, and where the building is constructed so that part of it is located within 40 feet of a public way and one or more of the entities within is entirely located at least 40 feet back from that way, there may be one freestanding sign within the open space fronting upon the way. Only those entities located at least 40 feet back may utilize space on this sign.
(b)
Computation of sign area. A freestanding sign may have an area of not more than 100 square feet. Any exterior linear dimension of a freestanding sign may not exceed 16 feet.
(3)
Changeable message boards. Changeable message board signs are permitted provided they are a permanent component of the sign and are calculated within the allowable sign area for the structure. Messages shall change at intervals of no more than once every five minutes. Changeable message boards shall maintain an unlit background with only the illumination of the lettering or text. The total size of a changeable message board area shall not exceed 60 square feet.
(4)
Directional signs. Directional signs no larger than four square feet and containing no advertising are permitted on private property to direct traffic flow, indicate parking space, or provide other essential information to guide vehicular or pedestrian traffic flow with respect to that property.
(5)
Time and temperature signs. Time and temperature signs are permitted and must be included in the total square footage allotment for the structure.
(6)
Awning signs.
(a)
Awning signs are permitted and are calculated within the allowable sign area for building-mounted signage.
(b)
Awnings may not be internally illuminated but may include lighting located beneath the awning directed downward for the purpose of illuminating the building entrance only.
(c)
Awnings are allowed no lower than nine feet above the average grade of the ground beneath it.
(d)
Awning signs may include the street address and/or business name only. Such information shall be no more than 12 inches in height and shall be placed on the front flap of the awning.
(7)
Temporary signs not located on public property or within the public right-of-way. The following signs are allowed on a temporary basis as follows and, unless otherwise stated, shall be securely affixed to the ground during the time allowed:
(a)
Real estate signs. One real estate sign of no more than 16 square feet is allowed without a permit per lot proposed for lease, sale, or rent. The subject sign must be placed on the lot proposed for lease, sale, or rent. Such sign must be moved within two weeks after the transaction. Such sign may be freestanding or building mounted.
(b)
New business sign. One sign is permitted advertising the opening of a new business. Such sign shall be of no more than 15 square feet and shall not remain on the premises more than 30 days. Such sign shall be building mounted.
(c)
Construction signs. One sign relating to construction projects for new or renovated buildings is allowed without a permit. Such sign shall be no more than 32 square feet and may include the name of multiple contractors. Such sign shall be removed one week after issuance of the certificate of occupancy. Such sign may be freestanding.
D.
Illumination. Illuminated signs are permitted but they may not be intermittently illuminated or animated, with the exception of changeable message board signs which must comply with the standards as stated in this section.
E.
Prohibited materials. Signs shall be constructed of sturdy material. No sign shall be constructed of banners, ribbons, spinners, feather flags or other similar devices that represent a visual distraction to the motoring public.
§ 335-10.6 Signs in City Center District.
The following provisions apply to signs in the City Center District:
A.
Purpose. 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; to protect property values; enhance and protect the physical appearance of the community; preserve the scenic and natural beauty and provide a more enjoyable and pleasing community; to 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 public right-of-way; provide more open space; and curb the deterioration of natural beauty and the community environment.
B.
General.
(1)
Traffic safety.
(a)
No sign, whether new or existing, shall be permitted that causes a visual obstruction or a traffic, health or welfare hazard or results in a nuisance due to illumination, placement, or manner of construction or display.
(b)
No sign, except traditional barber poles for licensed and operating barbershops, shall have visible moving parts, blinking, moving or glaring illumination, or any part consisting of pennants, ribbons, streamers, spinners, feather flags or other similar devices that represent a visual distraction to the motoring public.
(2)
Business signs. Business signs are allowed and shall be constructed, installed and maintained so as to ensure public safety. Such sign shall be clearly incidental, customary to, and commonly associated with and in the same site as the building or establishment to which it refers and shall be limited in subject matter to name, design, picture or trademark of the establishment. It shall not include any general commercial advertising materials unrelated to a principal business within the building. Signs not directly related to the business shall be prohibited. All such signs shall be appropriate in scale and appearance. Business signs on adjacent buildings located on the same parcel shall be of compatible design and character. Sign types and placement are further described herein.
(3)
Insurance. For any sign proposed to be placed on (sandwich board sign only) or that shall extend into (blade and/or awning only) the public right-of-way a permit is required on an annual basis and shall be accompanied by proof of general liability insurance coverage in the amount of $400,000 or any higher limit of liability imposed by the Maine Tort Claims Act[1] in order to protect the City of Westbrook from any and all liability for personal or property damage to the public by reason of the erection and maintenance of such sign on and into the public right-of-way, and such insurance shall be maintained as long as such sign exists on and into the public right-of-way. The City shall be named as an additional insured on such insurance policy.
[1]
Editor's Note: See 14 M.R.S.A. § 8101 et seq.
(4)
Sign area computation. Signs shall be measured from the outermost part of the sign, but not to include wall supports. Sign area includes borders or framing not required to affix a sign to a building. Sign area does not include the base for a ground-mounted monument sign or the supportive pole(s) of a pylon sign. A sign with a double signboard or display area shall be construed to be one sign for the purpose of this article.
C.
Sign types allowed.
(1)
Building-mounted signs. Building-mounted signs include those that are painted or flush mounted directly on an exterior building facade. Backlit characters and internally lit characters are considered flush mounted for the purpose of this article.
(a)
Signage limitations.
[1]
The total area of all building-mounted signs may not exceed 5% of the exterior wall facing a public way or parking lot on which the sign(s) is to be placed.
[2]
On any exterior wall facing a public way or parking lot, one sign is permitted per individually owned and operated business within the building based on the sign area allowed per this subsection.
[3]
No sign shall extend above the roofline or parapet of the building on which it is placed.
(b)
Identification sign.
[1]
All buildings are required to display one street number sign per exterior face of building fronting on a public way or parking lot.
[2]
Such sign may be no more than 1.5 square feet in size, and it must be located on the first-floor facade area of a building or on a sign.
[3]
Such sign shall not count toward the overall sign allowance.
(2)
Ground-mounted signs. Sign area for ground-mounted signs shall be no more than 18 square feet including all tenant signage.
(a)
Monument signs. Ground-mounted monument signs are signs mounted to the ground by a solid (opaque) base structure made of wood (painted or varnished and weather treated), brick, or stone. Such sign shall be no taller than six feet including the base.
(b)
Pylon signs. Pylon signs are signs mounted to the ground by poles made of materials consistent with this section. Such sign shall be no taller than nine feet including the base.
(3)
Blade. Blade signs are attached directly to the building and extend perpendicular from the building wall.
(a)
Blade signs may be no more than 50 square feet in size, shall be placed no lower than 10 feet above the average grade beneath the sign, and shall be no higher than 20 feet above the average grade beneath the sign.
(b)
Blade signs shall extend no further into a right-of-way than the lesser of four feet or the backside of the curb abutting a public street.
(c)
Blade signs may be permitted every 25 feet of linear frontage on a freestanding building.
(4)
Changeable message board. A changeable message board sign is a sign attached to and associated with a freestanding (ground-mounted or pylon) sign.
(a)
Changeable message board signs are permitted where freestanding signs area permitted and are calculated within the allowable sign area for the proposed freestanding sign.
(b)
Such signs shall be no taller than 12 inches including framing and shall include no more than two lines of text.
(c)
Such sign may include a changeable message but the message may not change more than once every five minutes.
(d)
The time and temperature may be posted and are part of the maximum allowable sign area of the message board.
(e)
The changeable message board shall maintain an unlit background with only the illumination of lettering or text permitted.
(5)
Sandwich board signs.
(a)
One small A-frame sandwich board sign is allowed per 25 feet of linear building frontage on Main Street or Bridge Street.
(b)
Such signs shall not count toward the number of signs allowed per exterior face of building.
(c)
Such signs are allowed when there is at least four feet of clear travel space on a public sidewalk.
(d)
Sandwich board signs may be no more than eight square feet in size and shall not extend into the four feet of clear travel space.
(e)
Such signs may have writing on both sides, may not be illuminated, shall have no moving parts, must be placed adjacent to the business which it supports, and shall not block pedestrian movement along a sidewalk or vehicular visibility.
(f)
Such signs shall face on-coming sidewalk traffic and not the street.
(g)
In the event that these provisions are violated or in the event of inclement weather, the Code Enforcement Officer may have such signs removed from the public way.
(h)
Sandwich board signs shall be temporary in nature and shall advertise temporary events.
(6)
Entry point tenant listing sign. One small tenant listing sign is allowed per individual building and may list multiple tenants. Such sign may be no more than 1.5 square feet.
(7)
Directional signs.
(a)
Such signs may be freestanding or building mounted and shall not count toward the number of signs allowed per exterior face of building.
(b)
Directional signs shall contain no business advertising and are permitted on private property in order to direct traffic flow, indicate the location of parking, or provide other essential information necessary to guide vehicular or pedestrian traffic flow within the private property.
(c)
Such signs shall be no larger than two square feet. Tenant listing signs shall not be considered directional signs.
(8)
Window signs.
(9)
Awning.
(a)
Awnings may not be internally illuminated but may include lighting located beneath the awning directed downward for the purpose of illuminating the building entrance only. Awnings are allowed no lower than nine feet above the average grade of the public sidewalk beneath it and shall not extend more than four feet into a public right-of-way and shall not extend into the curb abutting a public street.
(b)
Awnings may include the street address and/or business name only. Such information shall be no more than 12 inches in height and shall be placed on the front flap of the awning.
(10)
Open flag.
(a)
A standard flag, no larger than three feet by five feet in size, suspended from a pole that is attached to a structure, indicating that an establishment is open for business is permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
An open flag may not impede pedestrian travel within the public right-of-way.
(c)
One open flag is permitted per individually owned and operating business within a building.
(d)
Open flags are allowed every 25 feet of linear frontage on a freestanding building.
(11)
Temporary signs not located on public property or within the public right-of-way. The following signs are allowed on a temporary basis as follows and, unless otherwise stated, shall be securely affixed to the ground during the time allowed:
(a)
Real estate signs. One real estate sign of no more than eight square feet is permitted without a permit per lot proposed for lease, sale, or rent. The subject sign must be placed on the lot proposed for lease, sale, or rent. Such sign must be moved within two weeks after the transaction. Such sign may be freestanding or building mounted.
(b)
New business sign. One sign is permitted advertising the opening of a new business. Such sign shall be of no more than 15 square feet and shall not remain on the premises more than 30 days. Such sign shall be building mounted.
(c)
Construction signs. One sign relating to construction projects for new or renovated buildings is permitted without a permit. Such sign shall be no more than 32 square feet and may include the name of multiple contractors. Such sign shall be removed one week after issuance of the certificate of occupancy. Such sign may be freestanding.
D.
Illumination.
(3)
Illumination standards.
(a)
In order to conserve energy and reduce light pollution, on properties abutting residential development, illumination of signs shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m., except that this time restriction shall not apply to the illuminated signs of emergency facilities and retail, commercial, and industrial establishments during such hours as the establishments are open to the general public.
(b)
All lighting must be Nationally Recognized Testing Laboratories (NRTL) listed and stamped.
(c)
Energy efficiency should be considered a priority in sign design and lighting.
(4)
External illumination. Signs shall be illuminated only by steady, stationary, shielded light sources. A lighting fixture that directly or indirectly illuminates a sign must be designed so that the light source itself is shielded from view and does not shine directly into the right-of-way or onto adjacent properties. This does not apply to signs illuminated using neon.
(5)
Internal illumination.
(a)
Sign cabinets. Signs may be illuminated from within if the only components illuminated are the characters and limited graphics used to convey the name of the business and its purpose and/or the street number. The balance of the sign face must be opaque with no light visible except for the cut face characters and logos. No other portion of the sign face may be illuminated. See § 335-10.6E for permitted materials. Internally illuminated flex face signs are not allowed.
(b)
Internally lit routed faced vinyl characters and/or logos are allowed so long as the characters and/or logos are the sign, they are building mounted, are limited to 12 inches in height and meet the other size requirements of this section.
E.
Sign materials.
(1)
Non-internally illuminated.
(a)
Unless otherwise stated, signs shall be solid and be constructed of the following materials: wood (painted or varnished and weather treated), stone, metals, concrete, and/or composite material providing similar density.
(b)
Signs may incorporate a vinyl wrap, or layer, which displays the graphics proposed, used in lieu of paint. This material standard does not apply to the components of a changeable message board.
(2)
Internally illuminated.
(a)
Internally lit routed faced vinyl characters and/or logos are permitted.
(b)
Sign cabinets may consist of an illuminated vinyl sign face. Internally illuminated flex face signs are not permitted, unless used to identify the major tenant of buildings over three floors, as measured from the street level. Such signs are subject to the following:
(3)
Awnings. Metal or canvas awnings are permitted.
(4)
Window signs. Vinyl window decals are permitted.
(5)
Open flags. Fabric flags are permitted.
§ 335-10.7 Signs in Contract Zone 12.
[Added 9-9-2024 by Ord. No. 2024-95]
A.
Purpose. The purpose of this section is to regulate signs located in the Rock Row Contract Zone #12 District, as depicted on the Westbrook Zoning Map.
B.
General.
(1)
Traffic safety and illumination.
(a)
No sign, whether new or existing, shall be permitted that causes a visual distraction or a traffic, health or welfare hazard or results in a nuisance due to illumination, placement or manner of construction or display.
(b)
No sign, except traditional barber poles for licensed and operating barbershops, shall have visible moving parts, blinking, moving or glaring illumination, or any part consisting of pennants, ribbons, streamers, spinners, feather flags or other similar devices that represent a visual distraction to the motoring public.
(2)
Sign height. The topmost element of any sign may not be higher than 10 feet above the cornice line of any building.
(3)
All signs or advertising devices must be permanently affixed to the real estate. They may only identify the occupant of the premises or advertise the article or services available on the premises on which they are situated. All signs shall be limited in subject matter to name, design, image or trademark of the establishment. It shall not include any general commercial advertising materials unrelated to a principal business within the permitted space associated with the business. Signs not directly related to the business shall be prohibited.
(4)
Overhanging signs. Signs may not overhang the public right-of-way.
(5)
Sign area computation. Signs shall be measured from the outermost part of the sign, but not to include wall supports. Sign area includes borders or framing not required to affix a sign to a building. Sign area does not include the base for a ground-mounted monument sign or the supportive pole(s) of a pylon sign. A sign with a double signboard or display area shall be construed to be one sign for the purpose of this article.
(6)
All buildings are required to display one street number sign per exterior face of building fronting on a public way, private way or parking lot.
(7)
Signs containing the use of "Rock Row" terminology and/or branding shall be exempt from the standards of this chapter provided that:
(a)
The sign contains only the use of "Rock Row" terminology and/or branding and is not used in conjunction with any other commercial advertising or wayfinding; and
(b)
The sign is not intended to be directed internal to the contract zone; and
(c)
The sign is not a building-mounted sign; and
(d)
The sign is not located along or adjacent to a public right-of-way.
C.
Sign types allowed.
(1)
Building-mounted signs. Building-mounted signs include those that are painted or flush mounted directly on an exterior building facade. Backlit characters and internally lit characters are considered flush mounted for the purpose of this article. Standards are dependent on building size and use as stated below.
(a)
For one and two-story buildings or first story retail and commercial uses in multistory residential buildings.
[1]
In Phase 1 of Rock Row:
[a]
One building-mounted sign per tenant within the area of the facade that the business occupies fronting upon a public or private way or a parking area, and for tenants of building corners, an additional sign on the other storefront facade fronting upon another public or private way or parking area is permitted.
[b]
Maximum sign area shall be at the ratio of two square feet per one linear foot of tenant frontage.
[2]
In Phases 2 through 5 of Rock Row:
(b)
Multistory business/office building. The following standards apply on multistory business and/or office buildings with three or more commercial floors, as measured from street level:
[1]
One sign is permitted per tenant per facade, with a maximum of up to five tenants of the building, per facade.
[2]
Signs shall be placed at or above the third floor of the building.
[3]
Any portion of the building that is less than three floors shall be permitted to have signs placed below the third floor in accordance with provision Subsection C(1)(a) of this section.
[6]
Maximum signage width (maximum percentage of facade length): 66%.
(2)
Ground-mounted signs.
(a)
Types allowed:
[1]
Monument signs. Monument signs are signs mounted to the ground by a solid (opaque) base structure made of wood (painted or varnished and weather treated), brick, or stone. A monument sign shall be no taller than 25 feet, including the base and setback, to avoid sight line issues for the motoring public.
[2]
Pylon signs. Pylon signs are mounted to the ground by poles made of materials consistent with this Land Use Ordinance. A pylon sign shall be no taller than 25 feet, including the base.
(b)
The sign area for ground-mounted signs shall be no more than 100 square feet, including all tenant signage, per side, may advertise the name of the development or of tenants in buildings on that lot, and may include a changeable message sign, which may provide a message of internal special events in the 100 square feet of sign area.
(c)
One ground-mounted sign will be allowed at each of the four major entrances to the development (one from Main Street, one from the Westbrook arterial, and two from Larrabee Road).
(d)
No additional ground-mounted signs will be allowed in the area between Larrabee Road and the road named "Rock Row," but additional ground-mounted signs at the ratio of one per lot will be allowed in the area that is east of the road named "Rock Row," except that no additional ground- mounted signs will be allowed in the Phase I area that is east of the road named "Rock Row."
(3)
Blade sign. Blade signs are attached directly to the building and extend perpendicular from the building wall.
(a)
One blade sign per tenant is permitted within the area of the facade that business occupies.
(b)
For tenants of spaces located in building corners with storefront facades fronting upon two or more public or private ways or parking areas, the tenant is permitted one blade sign along each facade or a single vertical blade sign at the corner.
(c)
Sign size: Blade signs may be no more than 50 square feet in size, shall be placed no lower than 10 feet above the average grade beneath the sign, and shall be no higher than 20 feet above the average grade beneath the sign.
(4)
Changeable message sign.
(a)
Changeable message signs are permitted provided they are a permanent component of the sign and are calculated as part of the allowable sign area for the proposed sign.
(b)
The total area of the changeable message sign shall not exceed 60 square feet per side. The sign may include a changeable message, but the message may not change more than once every 30 seconds.
(c)
The time and temperature may be posted and are part of the maximum allowable sign area of the changeable message sign.
(5)
Sandwich board signs.
(a)
One sandwich board sign is permitted per business located on the first floor of a building fronting along Rock Row Boulevard.
(b)
Sandwich board signs are permitted in the Rock Row Development for on sidewalks along internal roads at a frequency of no more than one per 20 feet of linear building frontage along the internal road.
(c)
Such signs shall not count toward the number of signs allowed per exterior face of building.
(d)
Such signs are allowed when there is at least four feet of clear travel space on a public sidewalk.
(e)
Sandwich board signs may be no more than eight square feet in size and shall not extend into the four feet of clear travel space.
(f)
Such signs may have writing on both sides, may not be illuminated, shall have no moving parts, must be placed adjacent to the business which it supports, and shall not block pedestrian movement along a sidewalk or vehicular visibility.
(g)
Such signs shall face on-coming sidewalk traffic and not the street.
(h)
Sandwich board signs do not require a permit.
(6)
Entry point sign.
(a)
One entry point sign shall be permitted intended for the identification or branding of a place or building and may include the occupants of the place or building that it is identifying.
(b)
Sign type must be a ground mounted monument sign.
(c)
Sign shall be a maximum height of six feet, including the base, and shall have a maximum letter height for the building/development name or logo of eight inches, and for all other lettering of four inches.
(d)
Size limit - 100 square feet.
(e)
Entry point signs are permitted within Phases II to IV of the contract zone and may not be located along or adjacent to a public right-of-way.
(7)
Directional (wayfinding) signs.
(a)
Directional signs are permitted to direct traffic flow, indicate location of parking or provide other essential information necessary to guide vehicular or pedestrian traffic flow within the development. Such signs shall be no larger than four square feet.
(b)
Such signs may be freestanding or building mounted and shall not count toward the number of signs allowed per exterior face of building.
(c)
Tenant listing signs shall not be considered directional (wayfinding) signs.
(d)
Directional (wayfinding) signs do not require a permit.
(8)
Window signs.
(a)
Window signs shall be permitted on the first or ground floor only.
(b)
In no event shall window signs cover more than 25% of the area of any individually framed window, unless required for privacy.
(c)
Window signs shall not be included in the sign area when calculating the total area of all building-mounted signs.
(d)
Window signs do not require a permit.
(9)
Canopy or awning sign.
(a)
Canopy or awning signs may include graphics and/or the tenant's logo and may be used in conjunction with building-mounted signs, or blade signs, and each such canopy or awning may have a length of up to the full length of the storefront.
(b)
Awnings are allowed no lower than nine feet above the average grade of the sidewalk beneath it and shall not extend into a public right-of-way.
(c)
Awnings may include the street address and/or business name only. Such information shall be no more than 12 inches in height.
(10)
Marquee sign (amphitheater/theater/performing arts facility).
(a)
A marquee sign is permitted for each amphitheater, theater, or performing arts center in the development. Each marquee sign may be up to 500 square feet in sign area, and may be a digital display sign.
(11)
Internal message boards.
(a)
Internal message boards are informational/directional kiosk style signs throughout development. Signs may be double/triple sided. Signs may be used to inform of upcoming/current events, businesses within the RR complex.
(b)
Internal message boards may be in the form of freestanding signs on sidewalks or digital displays, including, but not limited to, holographic images, LED screens, light displays, provided, that:
[1]
Signs may only be located within the Rock Row right of way and owned by the Development Association.
[2]
Such signage, lighting, displays, and projections shall be of a pedestrian scale, shall not be directed beyond the Rock Row Contract Zone Property lines, shall not be visible from public ways, and shall not constitute a distraction to operators of motor vehicles on public ways.
[3]
Any such sign structures shall be no larger than six feet tall and four feet wide and have a message area of no greater than 16 square feet per side and shall be located at least 50 feet apart from each other.
[4]
The area of any projection upon a building or structure shall be reasonably determined by the Planning Board based upon the size of the available projection area on that building or structure and the distance of that projection area from the sidewalk area where the projection is to be viewed, as well as upon compliance with this provision; and
[5]
The total number of such signs and projections or area shall be determined for each phase by the Planning Board at its reasonable discretion based upon the standards of this provision.
(13)
Open flag.
(a)
A standard flag, no larger than three feet by five feet in size, suspended from a pole that is attached to a structure, indicating that an establishment is open for business is permitted.
(b)
An open flag may not impede pedestrian travel within the public right-of-way.
(c)
One open flag is permitted per individually owned and operating business within a building.
(14)
Temporary sign.
(a)
The following temporary signs are permitted on private property within the Rock Row Contract Zone, outside of the public right of way and do not require a permit. The following signs are allowed on a temporary basis as follows and, unless otherwise stated, shall be securely affixed to the ground during the time allowed:
[1]
Real estate sign. The maximum area of real estate signs per lot is 144 square feet per lot or building proposed for lease, sale or rent.
[2]
New business sign. The maximum area of a new business sign is 144 square feet and must be attached to the structure.
[3]
Construction sign. Construction signage may be placed continuously along fencing on public ways that the development fronts upon, so long as such signage does not exceed a height of four feet above the abutting street or sidewalk, whichever is taller, and may be of a mesh fabric construction to allow for air transfer through material.
[4]
Special event signs. Special event signs are defined as a sign that introduces, announces or otherwise directs individuals toward a special event that is sponsored or hosted by the management of Rock Row and/or Waterstone Properties.
[a]
Special event signs are permitted for an event that has a duration of up to 30 days.
[b]
Special event signs are permitted up to seven days prior to the start of the event and must be removed within 24 hours of event completion.
[c]
Special event signs are permitted on private ways internal to the development.
[d]
Special event signs may not be located along or adjacent to the public right-of-way.
[e]
Signage size shall be a maximum of two feet by three feet.
[f]
Special event signs shall not be placed within 30 feet of another special event sign.