The Damariscotta Planning Board is in the process of creating a stand-alone sign ordinance.
Currently, Damariscotta’s sign regulations are embedded in both the shoreland zoning ordinance, which includes the downtown, and the site plan review ordinance.
Damariscotta Town Planner Tony Dater said the planning board has been interested in creating a stand-alone sign ordinance since “the turn of the century,” however, when the recession hit and development in the area slowed, the board focused its attention on the comprehensive plan.
In recent years, there has been a renewed interest in creating the ordinance for multiple reasons.
“We’ve had a host of requests come in for new changeable signs,” Dater said. “Technology creates its own necessity.”
Dater said changeable signs refer to those that can be electronically modified. The site plan review ordinance currently allows changeable signs that contain only text within the downtown commercial district.
In the last two years, Dater said the town has also seen a rise in the number of sidewalk, or sandwich board, signs. The planning board has fielded complaints about the clutter of the sidewalk due to the abundance of these signs.
A U.S. Supreme Court decision made on June 18 is also influencing the new sign ordinance. In the case of Reed vs. The Town of Gilbert, the court ruled municipalities cannot regulate signs differently based on the content of the message. Content-neutral restrictions may still be imposed. The town can also place restrictions on the type, number, location, and size of signs, as well as the color, texture, materials, and lighting.
Dater said the International Municipal Lawyers Association is currently discussing the ruling at its annual conference. Town attorney Jenny Villeneuve is set to discuss the matter with the planning board at its next meeting and will also address what to incorporate into the new ordinance to make sure it is in compliance with the decision.
The planning board discussed a draft of the ordinance at its meeting Monday, Oct. 5. One of the concerns the members addressed was the importance of preserving the character of the town. The current site plan review ordinance states, “signs are encouraged to be in keeping with those in the neighborhood of the property or of the town if none exists in the area.”
“The current language is not specific enough given the technological advances,” Dater said.
The new ordinance will also require businesses to obtain a permit before placing a sign.
Dater hopes to have the new ordinance completed as soon as possible, with the goal to complete the ordinance early in 2016. The planning board intends to hold workshops to receive feedback from residents and businesses regarding the new ordinance.
“We’re still in the very early stages,” Dater said. “The board feels, and I agree, that we haven’t heard from the whole spectrum of businesses and people who are interested in signs, something we need to do in order to create a successful ordinance.”
Dater said the completed ordinance would only go into effect with a majority vote at the annual town meeting in June. If the ordinance is completed sooner, a special town meeting could be held sooner.
