Section 34 Sign Requirements
Section 34. Signs
34.1 Purpose and Applicability
The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. The orderly development of the community requires striking a balance between the needs of businesses to advertise, and the desire of residents to maintain an aesthetically pleasing environment. The regulation of signs is an important element in promoting local business while ensuring a safe and attractive community.
This chapter regulates any device intended to convey a message that may be viewed by the public from any street. This chapter shall not regulate traffic and directional signs, or any sign installed or required by the Town of CityMillbury, the PlaceTypeCommonwealth of PlaceNameMassachusetts, the placecountry-regionUnited States of America, or any unit of these respective governments.
34.2 General Provisions
1. Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this bylaw and the provisions of the Building Code and any other applicable bylaw or regulation within the Town of placeCityMillbury.
2. Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, except as authorized in Section 34.2.3.
3. Projections over addressStreetPublic Ways.
A. Signs projecting over public walkways may do so only pursuant to a Special Permit from the Planning Board and subject to a minimum height of ten (10) feet from grade level to the bottom of the sign. Signs, architectural projections, or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the Town of placeCityMillbury for such structures.
B. Banners extending over streets or walkways are permitted in the Business I zone only, by Special Permit from the Board of Selectmen, which approval shall be granted only for banners related to an event of community interest.
4. Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
5. Computation of Frontage. If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated may then be applied to permitted signs placed on each separate wall or property line frontage, set forth in Table 34.6.01.
6. Animation and Changeable Messages. Animated signs are prohibited. Changeable signs, manually activated, are permitted in all business and industrial zones. Changeable signs, electrically activated, are allowed by Special Permit in all business and industrial zones. Elements to be reviewed and regulated in allowing a Special Permit shall include, but not be limited to the following:
A. The intensity of illumination, especially as it may impact the use or quiet enjoyment of surrounding properties; and
B. The frequency of changing message text, especially as it may have an impact on traffic safety. In addressing this issue, the Planning Board may review sight distances and speed limits on surrounding roads.
Freestanding changeable signs, electrically activated, are prohibited in the Business I zone.
7. Maintenance, Repair or Removal. Every sign permitted by this bylaw shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling, or is otherwise deemed unsafe by the Building Inspector, or if any sign shall be unlawfully installed, erected, or maintained in violation of any of the provisions of this bylaw, the owner thereof or the person or firm using same shall, upon written notice by the Building Inspector forthwith in the case of immediate danger, and in any case within not more than ten (10) days, make such sign conform to the provisions of this ordinance, or shall remove it. If within ten (10) days, the order is not complied with, the Building Inspector may remove or cause such signs to be removed at the expense of the owner and/or the user of the sign. In the
case of immediate danger to public safety, the Building Inspector shall have the authority to immediately remove or cause to be removed any sign, at the expense of the owner. Such removal shall occur only after the Building Inspector has contacted, or attempted to contact the owner of the sign. The Building Inspector shall have sole and exclusive authority to determine that a sign poses a threat of immediate danger to public safety.
8. Nonconforming Signs. Any sign legally existing at the time of the passage of this bylaw that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:
A. No sign shall be structurally altered unless it is made to conform to this bylaw.
B. No billboard and no temporary sign shall be considered to be a legal nonconforming sign.
9. Off-Premises Signs. Off-premises signs are necessary to promote those commercial or other activities that, due to location, may require greater visibility than that which is available on premises. However, the needs of such businesses or activities must be balanced against the need for an uncluttered landscape, especially in residential and rural areas of the town. The following regulations govern the use of off-premises signs:
A. No business shall be permitted more than three (3) off-premises signs.
B. No off-premises sign shall exceed six (6) feet in height.
C. The total area of off-premises signs for any business shall not exceed twelve (12) square feet in the aggregate.
D. Off-premises signs for home occupations are prohibited.
E. Off-premises signs shall be placed on private property only. In applying for a permit for an off-premises sign, the applicant shall furnish evidence of the approval of the owner of the property upon which the sign is to be placed. No property shall contain more than one off-premises sign.
10. Wayfinding Signs. Wayfinding signs are deemed essential to the orderly growth of the community, and especially the downtown area. Wayfinding signs shall be permitted for groups of three (3) or more users, with designs and locations approved by the Board of Selectmen. When located on public property, users shall pay an annual fee to the Town of placeCityMillbury, which fee shall be established and amended from time to time by the Board of Selectmen.
11. Illuminated Signs.
A. No sign shall be illuminated except during the hours of operation of the business to which the sign refers, or until 10:00 p.m., whichever is later.
B. Electric signs shall display the Underwriter’s Laboratory approval seal, or
shall display the manufacturer’s name, and the voltage and amperage used.
12. Obsolete Sign Copy or Abandoned Signs
Any sign that no longer advertises or identifies a use conducted on the property on which said sign or signs are attached or erected or free standing MUST have such sign or signs removed within thirty (30) days after written notification form the Building Inspector. Painting, taping over or installing faces in reverse does not constitute removal.
(Bylaws of 5-2-2006, Article 48)
34.3 Exempt Signs
The following signs shall be exempt from the provisions of this bylaw. No sign shall be exempt from the requirements set forth in Section 34.4.1.
1. Official notices authorized by a court, public body, or public safety official.
2. Directional, warning or information signs authorized or required by federal, state, or municipal governments.
3. Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
4. The flag of a government or noncommercial institution, such as a school.
5. Religious symbols and seasonal decorations within the appropriate holiday season.
6. Street address signs, and combination nameplate and street address signs attached to a building, which contain no advertising copy and which do not exceed six (6) square feet in area.
7. Historical markers.
34.4 Prohibited Signs
The following are specifically prohibited:
1. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or which obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
2 Except as provided in Sections 34.2.3 and 34.7.3, signs encroaching upon or overhanging any street or public right-of-way.
3. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.
4. Signs that blink, flash or are animated by lighting in any fashion, except for changeable message signs as described in section 34.2.6.
5. Portable signs, except for temporary signs as set forth in Section 34.6.4.
6. Advertising vehicles or any sign attached to, or placed on, a vehicle or trailer parked on any public or private property, except for signs meeting the following conditions:
A. The primary purpose of such vehicle or trailer is not the display of signs
B. The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
C. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
7. Balloons, streamers, pennants, or pinwheels, except those temporarily displayed as part of a special sale, promotion or community event, as set forth in Section34.6.4(C). For the purposes of this subsection, "temporarily" means no more than thirty (30) days in any calendar year.
8. Any sign constructed upon or attached to the roof of a building or structure. For the purposes of this subsection, the face of a mansard roof or fascia shall not be considered to be a part of the roof.
9. Billboards are prohibited.
34.5 Permits
1. Permits Required. Unless specifically exempted, a permit must be obtained from the building inspector for the erection of all signs erected or maintained within the Town of placeCityMillbury, and in accordance with all other applicable regulations and bylaws of the Town. Exemptions from the necessity of securing a permit, however, shall not relieve the owner of the sign from responsibility for its erection and maintenance in a safe manner, and in a manner in accordance with all the other provisions of this bylaw. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.
2. Construction documents. Any sign twelve (12) feet or over in height above adjoining grade, or any free standing sign or any projecting sign with an area over sixty (60) square feet, or any marquee sign shall have structural drawings and specifications, including foundations, prepared by a registered professional engineer. The Building Inspector shall have the authority to waive or modify this requirement if he believes that public safety can be achieved through alternative methods.
3. Electrical Signs. An electrical permit shall be required for all illuminated signs in conformance with 780 CMR3102.13.2.
4. Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.
5. Permit Fees. Permit fees to erect, alter, enlarge or relocate a sign shall be in accordance with the fee schedule adopted by the Board of Selectmen.
34.6 Specific Sign Requirements
1. Size and Height Requirements. Signs are permitted in all zones in accordance with the size and height restrictions set forth in Table 34.6.01. In residential zones, wall signs are measured in square feet. In all other zones, wall signs are measured as a percentage of the wall space upon which the sign is placed. In all cases, “wall” refers to an exterior wall of a building facing a street or a public way. For shopping centers, planned industrial parks or other multiple occupancy nonresidential building, the building face or wall shall be calculated separately for each separate occupancy.
*Requires a Special Permit from the Planning Board
**Percentage of wall area up to a maximum size
2. Calculation of Sign Size. For freestanding signs, internally illuminated signs, and any other sign with an identifiable border, the entire face of one side of the sign shall be measured. For all other signs, the area of the sign shall be calculated by drawing the smallest possible rectangle or rectangles around the sign copy. Illustrations of specific sign types and the methods used to calculate sign sizes are shown in the Appendix.
3. Directional signs. One directional sign shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. In Residential zones, the maximum area for directional signs shall be 4 square feet. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be 12 square feet. Not more than twenty five percent of the area of any directional sign may be devoted to business identification or logo, which area shall not be assessed as identification sign area.
4. Temporary Signs
A. Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:
1. Real estate signs located on a single residential lot shall be limited to one sign, not greater than 4 feet in height and 6 square feet in area.
2. Real estate signs advertising the sale of lots located within a subdivision shall be limited to one sign per entrance to the subdivision and each sign shall be no greater than 32 square feet in area nor ten (10) feet in height. All signs permitted under this section shall be removed within 10 days after the sale of the last original lot.
3. Real estate signs advertising the sale or lease of space within commercial or industrial buildings shall be no greater than 32 square feet in area nor 6 feet in height, and shall be limited to one sign per street front.
4. Real estate signs advertising the sale or lease of vacant commercial or industrial land shall be limited to one sign per street front, and each sign shall be no greater than 8 feet in height, and 32 square feet.
5. Real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.
B. Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project, or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations:
1. Such signs on a single residential lot shall be limited to one sign, not greater than 6 feet in height and 16 square feet in area.
2. Such signs for a residential subdivision or multiple residential lots shall be limited to one sign, at each entrance to the subdivision or on one of the lots to be built upon, and shall be no greater than 8 feet in height and 32 square feet in area.
3. Such signs for commercial or industrial projects shall be limited to one sign per street front, not to exceed 8 feet in height and 32 square feet for projects on parcels 5 acres or less in size, and not to exceed 12 feet in height and 100 square feet for projects on parcels larger than 5 acres.
4. Development and construction signs shall not be displayed until after the issuance of construction permits by the building inspector, and must be removed not later than ten (10) days following issuance of an occupancy permit for all or any portion of the project.
C. Special promotions, event and grand opening signs. Portable signs and other signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for all business and industrial zones, subject to the following requirements and limitations:
1. Such signs shall be limited to one sign per street front.
2. The aggregate area of all such signs shall not exceed 64 square feet.
3. Such signs shall not be internally illuminated.
4. Such signs require a permit from the building inspector.
D. Portable signs. Portable signs shall be permitted in all Business and Industrial zones, and only in conjunction with a special event or promotion as provided in Section 34.6.4(C), subject to the following limitations:
1. No more than one such sign may be displayed on any property. Such sign shall not exceed a height of six feet or an area of 32 square feet in the Business I zone; such signs in other permitted zones shall not exceed a height of twelve feet or an area of 60 square feet.
2. No portable sign shall contain any component that moves or flashes.
3. No portable sign shall be displayed prior to obtaining a sign permit.
E. Political signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:
1. Such Signs shall not exceed a height of 4 feet, nor an area of 8 square feet.
F. General
1. No temporary sign shall be displayed for more than ninety (90) days in any calendar year.
2. No temporary sign shall be placed within the right-of-way of any street.
3. No temporary sign shall be placed in a manner that may obstruct traffic visibility.
34.7 Requirements for Specific Sign Types
1. Marquee signs.
A. The copy area of marquee signs shall be counted toward the permitted area for wall signs.
B. Graphic striping, patterns or color bands on the face of a building, marquee, or architectural projection shall not be included in the computation of sign copy area.
2. Canopy and Awning signs.
A. The copy area of canopy and awning signs shall not exceed an area equal to twenty-five percent (25%) of the background area of the canopy, awning or awning surface to which such sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.
B. Neither the background color of a canopy or awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area, except as set forth in Section 34.7.2(D).
C. For the purpose of calculating the permitted size and height of a sign, awning signs shall be considered as wall signs, and they shall count toward the permitted area for all wall signs.
D. In the Business I zone, the entire area of a back-lit awning, regardless of whether the awning contains any advertising copy, shall count toward the allowed wall signage.
3. Projecting signs.
A. Projecting signs shall be permitted in lieu of freestanding signage, limited to one sign per occupancy along any street frontage with public entrance to such occupancy.
B. No such sign shall extend vertically above the highest point of the building facade upon which it is mounted.
C. Such signs shall not extend over a public sidewalk in excess of two-thirds (2/3) of the width of the sidewalk, and shall comply with the requirements set forth in Section 34.2.3 of this bylaw.
4. Under canopy signs
A. Under canopy signs shall be limited to no more than one such sign per public entrance to any occupancy, and shall be limited to an area not to exceed 8 square feet. The size of such sign shall be included in the allowable computation of wall signs.
B. Such signs shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of ten (10) feet.
5. Window signs. Window signs shall be permitted in all business and industrial zones, subject to the following limitations:
A. The aggregate area of all such signs shall not exceed twenty-five percent (25%) of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.
B. Window signs that are electrically operated shall be assessed against the sign area permitted for other sign types. All other window signs shall not be assessed against the permitted sign area.
34.8 Signs for Development Complexes
1. Master Sign Plan Required. All single-owner controlled multiple-occupancy non-residential or mixed-use development complexes on parcels exceeding four (4) acres in size, shall submit to the Planning Board a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:
A. Proposed sign locations
B. Materials
C. Type of illumination
D. Design of freestanding sign structures
E. Size
F. Height
G. Quantity
H. Uniform standards for non-business signage, including directional and informational signs.
2. Development Complex Sign. In addition to the freestanding business identification signs otherwise allowed by this bylaw, every multiple-occupancy development complex shall be entitled to one freestanding sign per street front, at the maximum size permitted for business identification freestanding signs, to identify the development complex. No business identification shall be permitted on a development complex sign. Any freestanding sign otherwise permitted under this bylaw may identify the name of the development complex.
3. Compliance with Master Sign Plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.
4. Special Permit Required. The Planning Board shall act upon all applications for master sign plans through the special permit process. Special permits for master sign plans shall be reviewed concurrently with the site plan approval process. In their review of master sign plans, the Planning Board shall consider the following:
A. The relationship of the proposed signage to the overall development, as well as to surrounding properties.
B. The extent to which the proposed signage is compatible with the proposed architecture.
C. The use of appropriate landscaping to complement the proposed sign designs.
5. Waiver from Underlying Requirements. The Planning Board shall have the authority to modify or waive specific sign regulations related to a master sign plan if it finds that such modification or waiver results in a superior master sign plan design.
(Bylaws 6-8-2004 A.T.M. Art. 46, A.T.M. 5-3-2005, Art. 50)
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