17-229-205 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 229-205-5 - ON-PREMISE SIGNS

1.Sign Eligibility

To qualify for an on-premise sign, the applicant must be one of the following:

A. A lawful business;

B. A point of interest; or

C. A cultural, historic, recreational, educational or religious facility on the land which the sign is being requested.

2.Location of On-Premise Signs

A. On-premises signs must be located outside the state's right of way on the property of the entity placing the sign. Signs for each business on a property shall not number more than 10.

B. On-premises signs shall be located within 1,000 feet of the principal building or structure where the business or facility is carried on or practiced or within 1,000 feet of the point of interest. Storage areas, warehouses and other auxiliary structures and fixtures are deemed to be buildings where the business, facility or point of interest is carried on or practiced.

C. Location, relation to public way. On-premises Unless a license is obtained from the Commissioner pursuant to this subsection, on-premises signs are prohibited:

(1) Within 33 feet of the center line of any public way;

(2) Within 20 feet from the outside edge of the paved portion of any public way with more than 2 travel lanes and a total paved portion in excess of 24 feet in width; and

(3) Within the full width of the right-of-way of any public way.

(4)Temporary On-Premise Signs -Temporary on-premises signs are allowed for projects such as roofing, landscaping; to include mowing, masonry, moving, building construction or site work that will be completed within a specific duration of time. Temporary On-Premise signs are allowed to be displayed only after the contactor has commenced work on the site. All temporary on-premises signs shall be immediately and permanently removed when the overall project has been completed. Entities that install temporary On-Premise signs that are in violation of this chapter will have 24 hours to comply, also see Section 8 below, Penalties and Enforcement.

(5)Real Estate Signs - Real Estate signs are allowed to be erected only on property that is for sale. The erection of real estate signs at off-premises locations for directional purposes is prohibited.

(6) A sign may be installed outside of the right of way but within the boundaries listed within 2.C. (1), (2), if the sign has been granted a license and is installed with a Department approved breakaway system within the sign frame.

(7) Sandwich Board Signs. Sandwich Board signs are generally not allowed within the Right of Way. If a municipality passes an ordinance to allow Sandwich Boards in the Right of Way contiguous to an business entity, that municipality may grant a waiver for an entity to place a sandwich board sign in front of its property if the sign is set-up and removed daily, is outside the clear zone, does not obstruct the flow of pedestrian travel and placement on the sidewalk still allows ADA standards to be met.

3.Licensing Provisions

All license requests pursuant to 23 M.R.S. section1914(4) will be reviewed by a panel comprised of MaineDOT personnel that may include the Designee of the Chief Counsel, the State Traffic Engineer, the appropriate Region Engineer, the Right of Way Technician and a Field Investigator. The panel will issue a recommendation to the Commissioner regarding the issuance of a license.

A. An entity may ask for a license to be within the designated standards of sub-§ 2 (C.) above if the sign is located outside the clear zone;

B. Deference will be given to requests for licenses when the majority of business signs within 1,000 feet of the proposed location of the sign for which license is sought are within the right of way or within 20 feet of the edge of pavement or when the width of the right of way where the proposed sign will be placed is sufficiently wide.

C. Neither the granting of a license nor the installation of a sign within the public way conveys permanent property rights relating to the public way. The Department of Transportation is not responsible for loss or damage to an on-premises sign licensed under this subsection. An on-premises sign under this subsection may be removed by the Department to accommodate highway uses at any time without compensation to the owner of the on-premises sign and at the owner's expense.

4.Interstate highways

A. Not more than one on-premises sign advertising the sale or lease of the property may be permitted on land adjacent to any portion of the interstate system, including ramps and interchange areas, when that land is visible from any portion of the interstate system.

B. Not more than one on-premises sign visible from any portion of the interstate system, including ramps and interchange areas, may be permitted more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on.

C. No on-premises advertisement located more than 50 feet from the principal building or structure where the business, facility or point of interest advertised is carried on may exceed 20 feet in length, width or height or 150 square feet in area, including border and trim, but excluding supports.

D. Any on-premises sign located more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on that displays any trade name referring to or identifying any service rendered or product sold must display the name of the advertised business, facility or point of interest as conspicuously as such trade name.

E. Businesses abutting the interstate may have up to 10 signs, but only one sign may be visible from the interstate highway.

5.On-premises signs prohibited. An on-premises sign is prohibited if it:

A. Attempts or appears to attempt to direct the movement of traffic or interferes with, imitates or resembles any official traffic sign, signal or device;

B. Prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;

C. Contains, includes or is illuminated by a flashing, intermittent or moving lights, except as provided in Subsection 9, below;

D. Uses lighting that is of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle unless, in the opinion of the Commissioner, the lighting is effectively shielded to prevent beams or rays of light from being directed at any portion of the public way; or,

E. Moves, has any animated or moving parts or has the appearance of movement, except as provided in Subsection 9, below.

6.Height

The maximum height of on-premises signs is 25 feet above the ground level of land upon which it is located, or if the sign is affixed to or is part of a building, the maximum is 10 feet above the roof of the building.

7.Jurisdiction by local authority in compact areas

Except as otherwise provided in this chapter, administration of this chapter for on-premises advertisements located in compact areas of an urban compact municipality, as defined in section 754, is the responsibility of local authority. In compact areas of an urban compact municipality adjacent to the interstate, the Department of Transportation is responsible for the administration of this section.

8.Approach signs

Any business or facility whose principal building or structure, or a point of interest is located on a private way more than 1,000 feet from the nearest public way, or is not visible to traffic from the nearest public way, may erect no more than 2 approach signs with a total surface area not to exceed four (4) square feet per sign. These signs are allowed to be located within the public right-of-way limits within 2,5 00 feet of the junction of the public and private ways.

9.Changeable signs

A. Notwithstanding subsection 5, paragraph C, changeable signs are not prohibited as long as the sign complies with all the terms and applicable provisions of this subsection and rules adopted pursuant to this chapter. The Department of Transportation shall administer the provisions of this subsection, except as provided in paragraph B.

B.The display on each side of a changeable sign

(1) May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance;

(2) Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash or display continuous streaming of information or video animation; and

(3) May consist of alphabetic or numeric text on a plain or colored background and may include graphic, pictorial or photographic images unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance.

C. Only one changeable sign with 2 sides is allowed for each public way that provides direct vehicular access to the business, facility or point of interest.

D. Changeable signs may not be located so that the message is readable from a controlled-access highway or ramp.

E. The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the centerline of the nearest public way or actual ground level adjacent to the sign, whichever is lower.

F. Changeable message board signs existing in accordance with the requirements of former subsection 11 continue to exist if the signs:

(1) Are reasonably incapable of being modified or reprogrammed to comply with this section as amended; and

(2) Are not replaced, substantially rebuilt, reconstructed or repaired beyond routine maintenance.

G. The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time and temperature sign must comply with rules adopted by the Department of Transportation, except that time and temperature signs erected prior to September 29, 1995 need not comply with those rules.

17-229 C.M.R. ch. 205, § 5