Windham City Zoning Code
ARTICLE 7
Signs
§ 120-701 Purpose.
The purpose of regulating signs is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs, and all other outdoor signs of a business or commercial nature; 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 be caused by signs overhanging or projecting over public rights-of-way; provide more open space and curb the deterioration of natural beauty and community environment.
§ 120-702 General.
A.
Every sign shall be maintained in a safe, presentable and good structural condition by the timely replacement of defective parts, periodic cleaning and painting when necessary. The Code Enforcement Officer shall cause to be removed any sign that endangers public safety, including signs which are materially, electrically, or structurally defective; any sign that is abandoned by reason of the property on which the sign is located being unoccupied for a period of three months or more, except signs applicable to businesses temporarily suspended for less than six months due to a change of ownership; or signs for which no permit has been issued. The Code Enforcement Officer shall send by certified mail a notice to the owner of record of the property and/or business of the violation and require correction or removal within 14 days of the notice mailing. Any sign determined to be in violation and not corrected within the prescribed time period may be removed by the Town at the owner's expense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
General safety standards for signs. No sign, whether new or existing, shall hereafter be permitted which either causes a traffic, health, welfare or safety hazard or results in a nuisance, due to illumination, placement, display, or manner of construction.
C.
Double-faced signs. A sign with a double signboard or display area shall be constructed to be one sign for the purpose of this chapter.
D.
A banner shall be considered a sign, as defined in Article 3.
§ 120-703 Permits, fees and enforcement.
A.
Sign permit. Except as otherwise herein provided, no person shall erect or move any outdoor advertising signs without first applying for and obtaining a sign permit from the Code Enforcement Officer. Applications shall be on forms prescribed and provided by the Code Enforcement Officer, setting forth such information as may be required for a complete understanding of the proposed work. No sign permit shall be issued until the prescribed application fee has been paid. The fees for said permit shall be set by Council order.
B.
Removal of signs. Illegal signs erected in public rights-of-way shall be removed by the Code Enforcement Officer.
C.
Enforcement and penalties. The enforcement and penalty provisions of this chapter shall apply to the provisions governing signs.
§ 120-704 Existing signs; nonconforming signs.
A.
Existing signs. No outdoor advertising signs shall be permitted in any district except as provided herein. Applicable standards for permitted signs shall apply to all existing signs in any district where such signs are no longer permissible but continue to exist as nonconforming hereunder. Any use permitted in the commercial zone and existing as a legal nonconforming use in any other zone shall be deemed to be located in the commercial district for the purposes of this section, except that the maximum square footage of all signs for said use shall not exceed 75 square feet.
B.
Nonconforming signs. Nonconforming signs existing as legally nonconforming uses at the time of the passage of this amendment may continue and may not be changed, altered, except as indicated below, or relocated on the same premises, except to conforming signs. If a premises changes ownership, the nonconforming signs located on the premises must be brought into compliance with this article. The existence of such nonconforming signs shall prohibit the erection of any permanent sign which is permitted by this article until all nonconforming signs are removed or brought into conformance with this article. All freestanding signs greater than 150 square feet of display area must be removed or brought into compliance with this article within 90 days of the adoption of this amendment. Signs legally erected after April 1, 1982, shall be considered conforming.
§ 120-705 Signs permitted in all districts.
A.
Real estate signs.
[Amended 9-24-2013 by Order 13-143; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
One temporary real estate sign not over six square feet in area, attached to a building or freestanding, may be erected in the F, FR, RL, and RM Zones without a permit advertising the sale, lease or rental of the premises upon which the sign is located, except that a lot or building with frontage on two public ways may have one six-square-foot sign on each public way, and shall be removed by the owner or agent of the owner within 10 days of said sale, lease or rental.
(2)
One temporary real estate sign not over 16 square feet in area, attached to a building or freestanding, may be erected in the C-1, C-2, C-3, I, ED and VC Zones, and on the premises of a conforming commercial use, excluding home occupations, in any zone, without a permit advertising the sale, lease or rental of the premises upon which the sign is located, except that a lot or building with frontage on two public ways may have one sixteen-square-foot sign on each public way, and shall be removed by the owner or agent of the owner within 10 days of said sale, lease or rental. In addition, conforming existing wall and freestanding signs affixed to the premises may advertise the sale, lease, or rental of the premises upon which the sign is located. Such advertising shall be removed by the owner or agent of the owner within 10 days of said sale, lease or rental.
B.
Construction. One temporary development or construction sign, not over 32 square feet in area, attached to a building or freestanding, may be erected, provided such sign shall be limited to a general identification of the project and those responsible therefor and shall be removed within 10 days after completion of the project, except that any sign for an Enterprise Development (ED) District may not exceed 60 square feet in total area.
C.
Home sales. Signs advertising home, garage, barn, basement, or moving sales temporarily held at any premises shall be permitted on premises in any zone without permit for no more than 14 days prior to said sale and shall be promptly removed thereafter.
D.
Identification signs. Signs announcing the name, address and profession of a permitted home occupation or a lawfully existing nonconforming home occupation are allowed on premises without permit, provided the sign does not exceed six square feet in display area.
E.
Bulletin board. A freestanding bulletin board or similar sign used for occasional commercial purposes, not exceeding 32 square feet in display area, in connection with any church, museum, library, school or similar public structure, is allowed without a permit.
F.
Directional signs. Directional signs, solely indicating ingress and egress, placed at driveway locations, containing no advertising material, and having a display area not exceeding three square feet nor extending higher than seven feet above ground level are permitted in any zone without permit. Directional signs which incorporate either a logo or an identifying symbol are permitted in any zone as long as they meet the requirements of this subsection.
G.
Farm products. Two signs advertising the sale of farm or forestry products produced on the premises shall be permitted in any zone and shall not exceed a total of 32 square feet without permit.
H.
Building directory. Signs which merely identify the occupants of any building or premises and which are intended to be read on such premises are permitted in any district and shall be in addition to any other signs permitted by this chapter. The maximum letter height shall be not more than two inches.
I.
Gasoline price signs. Signs announcing motor fuel prices shall be permitted, ancillary to a properly established retail sales outlet, with numerals no greater than two feet in height and no more than one two-sided sign per road fronted.
J.
Public building signs. A freestanding sign not exceeding 32 square feet is permitted for any school, municipal building, church or similar public structure.
K.
Residential subdivision signs. A freestanding sign not exceeding 32 square feet which identifies the name of the subdivision may be erected at each entrance into such subdivision. Such signs shall be placed either within the fifty-foot right-of-way of the subdivision entrance road or within 50 feet of this right-of-way. No such signs shall obstruct vehicular sight distances.
§ 120-706 Signs permitted in commercial districts.
A.
On-premises signs. Outdoor advertising signs shall be permitted on each premises in the commercial district and shall conform to the following standards:
(1)
One wall sign may be affixed to the exterior of a building for the principal use that will occupy the building where the maximum gross display area shall not exceed 10% of the wall area to which it is attached or 100 square feet, whichever is greater.
(2)
In those instances where two principal uses will occupy the building, the gross display area shall be the area of both signs added together. Where additional tenants will occupy the building, in addition to the principal use or uses, one wall sign may be affixed to the exterior of the building for each additional tenant, and the maximum gross display area of the wall sign shall not exceed 100 square feet.
(3)
In addition to the allowed wall-mounted signage, one freestanding sign may be affixed to the premises. Any freestanding sign will be limited to a maximum area of 100 square feet, unless the additional criteria of this § 120-706 are met. A premises with frontage on two public ways will be permitted a freestanding sign on each way. A premises with frontage in excess of 400 feet on a public way may have two freestanding signs.
(4)
A maximum of two banners shall be allowed with a maximum of 64 square feet total area, with an annual permit, from the effective date of this amendment. Such banners shall be firmly affixed to the building. Where a building houses one business, a maximum of two banners may be placed on the entire building. Where a building houses more than one business, banners shall be limited to 32 square feet per business. All banners require a sign permit.
(5)
Freestanding signs shall be permanently affixed to said premises. For each premises containing more than one commercial tenant, one freestanding sign of not more than 100 square feet identifying the tenants of said premises will be allowed. In addition, one wall sign shall be allowed for the principal use where the maximum gross display area shall not exceed 10% of the wall area to which it is attached or 100 square feet, whichever is greater, and in those instances where additional tenants will occupy the building, in addition to the principal use or uses, one wall sign may be affixed to the exterior of the building for each additional tenant and the maximum gross display area of the wall sign shall not exceed 100 square feet. However, if a wall sign is not utilized, a roof sign of not more than 100 square feet shall be permitted for each tenancy thereof. For any premises containing more than 10 tenants, 10 square feet of additional sign area is allowed for each tenant up to a maximum of 150 square feet on any on-premises freestanding sign. If a premises contains more than 10 tenants, then the increase in sign area of 10% for design excellence does not apply. For purposes of this section, "on-premises" shall be construed to include the right-of-way giving access to parcels not located on a public right-of way. Multiple advertising displays may be grouped together to be counted as one sign assembly. Premises under the same ownership having more than one structure are permitted a separate wall or roof sign of not more than 100 square feet for each tenancy thereof. To encourage design excellence, the maximum sign area for certain business, industrial, marquee, and directory signs may be increased by 10% if one or more of the following conditions are met:
(a)
Ground signs.
[1]
When the sign is constructed of solid wood.
[2]
When a directory sign utilizes uniform coloring and lettering for all establishments listed.
[3]
When the sign is installed in a landscaped planter that is four times the area of the sign.
[4]
When the sign is not designed with and does not use illumination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Wall signs.
[1]
When the sign is not designed with and does not use illumination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
When the sign is constructed of solid wood.
(6)
Freestanding signs near residential districts. Such signs may be located on any part of the premises, unless otherwise prohibited, except that insofar as possible no sign shall be constructed or oriented in such a manner as to face an adjoining lot in a farm or residential district and no sign shall be constructed in the rear yard or side yard of any premises where the rear property line or side property line abuts a lot in a farm or residential district.
B.
Content of sign in commercial district. Signs in business or commercial districts may only identify the occupant of the premises and advertise the services or products available within said premises and may in addition advertise events and public services. Clocks and thermometers may be incorporated into a sign. The letters of displays or signs may be changed from time to time by the occupant without a permit as long as there is otherwise no violation of this chapter.
C.
Menu signs. Menu signs are permitted on premises when serving drive-through windows and are intended to be read from inside a motor vehicle while in line for drive-through service and shall be limited to 30 square feet in area.
D.
Specification of signs in commercial districts. Unless otherwise provided, freestanding signs shall conform to the following:
(1)
Maximum gross display area shall not exceed 100 square feet measured from the top of the topmost display elements to the bottom of the lowest display elements, including any blank space between the elements. Supports under the lowest display elements shall not be included in the maximum square footage calculation.
(2)
Maximum elevation above finished grade: 20 feet.
(3)
Maximum width: 16 feet.
(4)
Minimum lot line setback: 50 feet from Residential, Farm, Farm-Residential, Medium-Density Residential, and Light-Density Residential Districts.
(5)
Maximum height above eave or flat roofline for a roof sign: four feet, but the top of such shall not be higher than 20 feet from the ground.
(6)
Except as otherwise provided, wall signs shall also conform to the following:
(a)
Maximum gross display area shall not exceed 10% of the wall area to which it is attached or 100 square feet, whichever is greater. Where two signs are utilized, the gross display area shall be the area of both signs added together.
(b)
No wall sign shall extend beyond the wall to which it is attached or party wall separating occupancies.
E.
Theater marquees. One theater marquee no larger than 60 square feet shall be allowed on the premises or entrance to the premises of a theater or group of theaters sharing a premises.
F.
Commercial subdivision signs.
[Amended 6-28-2016 by Order 16-114]
(1)
Except as otherwise provided in this Subsection F, a commercial subdivision sign shall comply with all the requirements of this § 120-706. A commercial subdivision sign shall be deemed an on-premises, freestanding sign, not a billboard.
(2)
Commercial subdivision signs shall be permitted only in the C-1, C-2, C-3, I, and VC Districts.
(3)
The maximum gross display area of a commercial subdivision sign shall be 32 square feet. At least 10% of the gross display area shall be devoted to identifying the commercial subdivision by name (or by generic description such as "office park" or "shopping center" if no name has been assigned). The remaining gross display area may be used only to identify and advertise uses within or with direct access, or in the case of a public agency access, through the commercial subdivision, and must be located below the name of the development. Before the Code Enforcement Officer issues a permit for a commercial subdivision sign, the Addressing Officer in coordination with the Town Planner and Fire-Rescue Chief must determine that the name of the commercial subdivision is not identical to or likely to be confused with the name of any other development already existing in Windham.
(4)
Notwithstanding § 120-706A(5), no lot within a commercial subdivision which utilizes a commercial subdivision sign may contain more than one freestanding sign, except that the lot on which the commercial subdivision sign is located may contain both the commercial subdivision sign and one other freestanding sign otherwise allowed by this chapter.
(5)
A commercial subdivision sign must be located on property within the commercial subdivision which abuts the arterial, collector or controlled access street, must be visible from said street and must be located at or near the driveway or street entrance to the commercial subdivision in order to direct motorists to that entrance. When a commercial subdivision abuts and has a driveway or street entrance from more than one arterial, collector or controlled access street, the Planning Board may approve one commercial subdivision sign at or near the driveway or street entrance from each of the arterial, collector or controlled access streets for a total of two commercial subdivision signs.
(6)
Commercial subdivision signs shall comply with all applicable setback requirements, except that no setbacks shall be required from property lines separating lots within the commercial subdivision from one another or from common areas (other than streets), and no setbacks shall be required from boundaries of leasehold or easement interests (other than streets) within the commercial subdivision.
(7)
If provided, electrical service to a business directory sign must be by underground wiring only.
(8)
Each owner of a lot or unit of occupancy which is identified or advertised on a commercial subdivision sign shall be responsible for any violations of this chapter arising out of the erection or maintenance of the commercial subdivision sign and shall be deemed an owner of the sign under § 120-703 of this article. The Town may enforce the provisions of this article against any or all such owners.
G.
Bay signs. Signs located over garage doors not over six square feet in area which identify the service available therein are permitted.
H.
Enterprise Development (ED) District signs. A freestanding sign not exceeding 32 square feet which identifies the name of the subdivision or development may be erected at the entrance to an Enterprise Development (ED) District, which road or roads front on a major street, and if a directory to businesses is used, the total square footage of the signage may not exceed 60 square feet.
I.
Customer directional signs. In those instances where one or two principal uses will occupy a building, and the principal use has accessory uses associated with said principal use, customer direction signs may be allowed for each accessory use, provided that only one customer direction sign shall be allowed for each accessory use within the building, and the maximum display area of the wall sign shall not exceed 64 square feet. Customer direction signs shall be firmly affixed to the building's facade and located directly above the entrance that will provide customer access to that portion of the building where the accessory use is to be located.
§ 120-707 Signs permitted in industrial districts.
Signs in an industrial district shall conform to the specifications of signs in the commercial districts.[1]
[1]
Editor's Note: Original Sec. 708, Signs Permitted in Business Park Districts, of the 1991 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 120-708 Signs permitted in all residential districts.
A.
On-premises signs for commercial/recreational uses. Outdoor advertising signs shall be permitted on each premises of a permitted commercial or recreational use in the Farm District and all residential districts. Up to two signs may be affixed to the exterior of a building and one freestanding sign may be affixed to the premises, totaling no more than three signs with a maximum aggregate square footage of 32 square feet. Freestanding signs shall not exceed 24 square feet or six feet in height or five feet in width. For the purpose of this article, a home occupation shall not be considered a commercial or recreational use.
B.
Businesses, excluding home occupations, shall be allowed a maximum of one banner totaling not more than 32 square feet, with an annual permit from the effective date of this amendment. Such banners shall be firmly attached to the building. All banners require a sign permit.
§ 120-709 Off-premises signs permitted in all districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Business directional signs. No off-premises signs shall be permitted in any district except two off-premises official business directional signs pursuant to 23 M.R.S.A. §§ 1901 through 1925, as amended and enforced by the Maine Department of Transportation, or unless otherwise provided for in this chapter. Temporary directional signs for new businesses shall also be permitted in accordance with regulations adopted pursuant to 23 M.R.S.A. §§ 1901 through 1925. The applicant for an official business directional sign shall provide certification from the Code Enforcement Officer that the proposed sign is in conformity with all applicable municipal sign ordinances.
B.
Points of scenic, historical, cultural, recreational, educational or religious interest may be allowed a maximum of four signs each, not to exceed 32 square feet each. Each such point of interest shall be credited with five square feet in area toward the total sign size allowed.
C.
Categorical signs. Categorical signs as defined by 23 M.R.S.A. § 1913-A, as amended, shall be permitted in any zone without permit except as otherwise provided for in this article. Categorical signs shall not exceed 32 square feet in area.
D.
Special intracommunity service signs. Special intracommunity service signs as permitted by policy of the Maine Department of Transportation shall be permitted in any zone without permit.
§ 120-710 Temporary signs.
A.
Defined. A "temporary sign" is one which is designed for and intended to be moved from place to place and is not permanently affixed to land, buildings or any other structures. Temporary signs shall be in addition to any sign permitted by this article.
B.
Temporary signs permitted. One temporary advertising sign up to 32 square feet shall be permitted in any district in connection with a legally permissible business conducted on the premises for up to 90 days in any calendar year. Any business that allows a temporary sign to remain in place more than the 90 days allowed by this subsection will not be issued a permit the following year.
C.
Conversion of temporary signs. Temporary signs may be converted to permanent use by being permanently affixed to the premises. The resulting sign must comply with all other sections of this chapter and all applicable building codes.
§ 120-711 Signs prohibited in all districts.
A.
Over rights-of-way. No sign shall project over a public right-of-way.
B.
Moving parts. No sign shall have visible moving parts, blinking, moving or glaring illumination.
C.
Banners, pennants, ribbons, streamers, spinners or other similar devices that contain advertisements, except as provided for in § 120-702 of this article.
D.
String of lights. A string of lights shall not be used for the purpose of advertising or attracting attention as an integral part of a permitted sign.
E.
Billboards. Billboards are prohibited in all zones.
F.
Banners. No banners, streamers, pennants, ribbons, spinners or similar devices shall be constructed or erected within or over a public way without approval from the Code Enforcement Officer.
G.
Floodplains. No freestanding sign shall be erected in a floodplain.
H.
Location; relation to public way. No on-premises signs shall be permitted within the full width of the right-of-way of any public way.
I.
Terminated business. On-premises signs shall not be permitted for any business which has not been conducted on the premises for a period of one year or longer.
J.
Signs located on registered and inspected motor vehicles or trailers which are determined by the Code Enforcement Officer to be circumventing the intent of this chapter are prohibited. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs which are placed on the above to circumvent this chapter.
K.
Inflatable signs. All exterior inflatable advertising signs.
§ 120-712 Exemptions.
[Added 5-14-2024 by Order No. 24-052]
A.
Murals are exempt from the restrictions of this article, except that:
(1)
A large picture/image (including but not limited to painted art) that is painted or affixed directly onto a vertical building wall, which contains commercial text, logos, and/or symbols, shall be considered building-mounted signage and shall be limited as per the provisions of this article.
(2)
A wall, facade, or surface that is used for a mural pertaining to the business on which it is located shall be counted as one sign.
(3)
The mural shall not create an unreasonable distraction for drivers of motor vehicles due to its proximity to the street, as determined by the Code Enforcement Officer, if the mural is visible from any public street or private road.
(4)
The appropriate building permit has been issued, if required.