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HomeMy WebLinkAbout2010 ATM-AG-FORM 2-1-ARTICLE 31-ZONING BYLAWSECTION 6 SIGNS OF NORT1l q `At�EO e ti0 p 04Are•W°"yq9 9SSACHUSEt TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail Bradshaw(dtownofnorthandover.com This is to certify that the following is the existing Section 6 of the Zoning Bylaw of the Town of North Andover in existence on May 11, 2010 and being amended by Article 31 of the 2010 Annual Town Meeting: SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 6.1 Authority and Interpretation This Bylaw is adopted, as a General Bylaw pursuant to Chapter 93, Section 29-33, inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw. 6.2 Purposes 1. The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, information, and welfare of its residents. 2. The restricting of signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 3. To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, and serve educational purposes for the public good. 4. The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 Definitions 1. A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing without support or attachments. 2. Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 3. Animated Sign: Any sign that uses movement or a change of lighting to depict action or create a special effect or scene. 4. Building Frontage - The length in feet of a ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. 5. Directional Sign - A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30". 6. Display Window Signs - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 7. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. 8. Flagpole - A pole erected on a roof, or projecting from a building or structure or on the ground. 9. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. 10. Ground Sign - Any sign erected on the ground which is self-supported and anchored to the ground. 11. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. 12. Marquee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 13. Non-Accessory Sign - Any sign that is not an accessory sign. 14. Obscene - shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: 1. Appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; 2. Depicts or describes sexual conduct in a potentially offensive way; and 3. Lacks serious literary, artistic, or political or scientific value. 15. Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. 16. Primary Sign - The principal accessory sign, which may be a wall, roof, or ground sign, as allowed in Section 6.6. 17. Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. 18. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. 19. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6. 20. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. 21. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 22. Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty (60) days unless otherwise specifically provided herein. 23. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 6.4 Administration and Enforcement 1. Enforcement - The Building Inspector is hereby designated as the Sign Officer and is hereby charged with the enforcement of this Bylaw. a. The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. b. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment is a prohibited non-accessory sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this Bylaw. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer at any such person. 2. Permits: a. No permanent sign shall be erected, enlarged, or structurally altered without a sign permit issued by the Building Inspector. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location. A copy of any relevant special permit shall also accompany the application. All ground or roof signs shall be registered and identified as required by Section 1407.0 of the State Building Code. b. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under this Bylaw may contain any otherwise lawful, non- commercial message which does not direct attention to a business or to a service or commodity for sale in lieu of any message or content described in the applicable regulation. 3. Non-conformance of Accessory Signs: Any non-conforming sign legally erected prior to the adoption of this provision, may be continued and maintained. Any sign rendered non-conforming through change or termination of activities on the premises shall be removed within thirty (30) days of order by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this Bylaw. 4. Street Banners or Signs - Street banners or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. 6.5 Prohibitions: 1. No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed. 2. No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. 3. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours. 4. No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police. 5. No animated, revolving, flashing, or exterior neon sign shall be permitted. 6. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the Board of Selectmen. 7. Corner visibility shall not be obstructed. 8. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. 9. No sign shall be erected, displayed, or maintained if it contains any obscene matter. 10. Flags and insignia of any Government when displayed in connection with commercial promotion. 11. No sign shall obstruct any means of egress from a building. 12. Projecting signs are prohibited. 13. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B. 14. No signs shall be attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed display. 6.6 Permitted Signs (Fee Required) A. Residence District - Accessory Signs - The following signs are allowed in a residence district as well as all other districts. 1. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the dimensional elevation of the building as determined by the building frontage multiplied by the floor to ceiling height of the individual business or as specified in applicable sections of the by-law. 2. One (1) sign, either attached or ground indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two (2) square feet in area. Such sign may include identification of any accessory professional office, home occupation, or other accessory uses permitted in a residence district. Ground signs shall be set back a minimum of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures. 3. One (1) sign oriented to each street on which the premises has access, either attached or ground, pertaining to an apartment development or a permitted non- residential principal use of the premises, such sign not to exceed ten (10) square feet in area. 4. One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such sign shall be removed promptly after completion of the construction. 5. One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the subdivision roadway is accepted by the Town. 6. Ground signs shall be set back a minimum of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures. 7. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right- of-way at any intersection if authorized by the Board of Selectmen or on private property if granted a special permit by the Board if Appeals. Such sign shall be authorized only upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to more than one (1) establishment are to be provided, all such directional information shall be incorporated into a single structure. All such directional signs shall be unlighted, and each shall be not over four (4) square feet in area. B. Temporary Signs: Temporary signs shall be allowed as provided below, and provided that they comply with the following: (a) Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable requirements for permanent signs, including issuance of a sign permit. 1. Temporary signs, of not more than twelve (12) square feet in area, erected for a charitable or religious cause; requires no sign permit and is to be removed within thirty (30) days of erection. The Building Inspector shall maintain placement controls. 2. One (1)temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected to be no larger than twelve (12) square feet. The Building Inspector shall allow a sign larger than twelve square feet if The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; The total area of the sign does not exceed 10% (10 percent) of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease. 3. One (1)temporary unlighted sign not larger than twenty-five (25) square feet indicating the name and address of the parties involved in construction on the premises. 4. Temporary signs not meeting requirements for permanent signs may advertise sales, special events, or changes in the nature of an operation, but shall not otherwise be used to advertise a continuing or regularly recurring business operation and shall be removed promptly when the information they display is out of date. The sign(s) must be removed within thirty (30) days of erection. 5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: (a) shall only be permitted on private property; (b) shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; (c) shall not be higher than three (3) feet above ground level; (d) shall be stationary and shall not be illuminated; 6. Temporary A-frame Sign Permit. The Building Inspector may issue a sign permit for the temporary placement of a freestanding A- frame/sandwich sign which (i) announces a performance, an event, an advertisement, or is for directional purposes; ii) must be securely anchored so as to not blow over and is professional in appearance; iii) must be removed at the close of business and at the expiration of the permit; iv) may not obstruct a public or private walkway, or be placed on public property. The maximum area shall not exceed eight(8) square feet on each side, and a maximum height of five (5) feet above the ground. The temporary permit may impose limiting conditions, including among other matters the number allowed at each business property location. (Proposed Amendment-Article 36-2008 ATM) 7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-commercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set forth in subsection (5) (a)-(e) above. 8. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined total of thirty (30) square feet and provided that there shall be no more than two (2) signs allowed on the premises 9. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; example, no hunting, no trespassing, etc. C. Residence Districts: Non-accessory Signs - Directional signs by Special Permit from the Board of Selectmen, limited as follows: 1. Two (2) signs for each activity, not exceeding 6"x30" in size. 2. Ground signs not exceeding eight (8)feet in height. D. Business and Industrial Districts: Accessory All signs permitted in residence districts as provided in Section 6.6(A) and 6.6(B), except that temporary real estate signs may be as large as twenty-five (25) square feet. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. 1. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the dimensional elevation of the building as determined by the building frontage multiplied by the floor to ceiling height of the individual business or as specified in applicable sections of the by-law. 2. One (1) permanent ground sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or taller signs may be allowed by Special Permit of the Board of Appeals, if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein (1998/31). 3. For premises having multiple occupants, a single sign, either attached or ground, identifying those occupants. The total area of attached signs including this one shall not exceed ten percent (10%) of wall area, and the area of any freestanding sign allowed under this paragraph shall not exceed twenty-five (25) square feet. 4. Temporary unlighted signs inside windows, occupying not more than twenty percent (20%) of the area of the window requires no sign permit. 5. No sign shall project more than one (1) foot over any public right-of-way shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town Clerk. 6. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. A freestanding ground identification sign of fifty (50) square feet with price sign incorporated is allowed. 7. For active fuel dispensing Service Stations, with multiple tenants, on the same lot: One single free standing ground identification sign of 50 square feet is allowed, which is to include within the 50 square feet, the identification of the multiple tenants on this same lot. The Service Station identification / information shall be at least 60% (may be greater) of the total free standing ground sign. Pricing information, if advertised, to also be within the allotted square footage for service stations. The maximum height (including pylons) of this free standing ground sign shall be 16 feet from ground level (1998/30). 8. Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building. 9. Traffic Control orientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. E. Shopping Centers 1. Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. 2. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred (200) square feet facing any single street. 3. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or more, one (1) ground sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within ten (10) feet of any property line or the line of any way, and no part of the sign shall be more than twenty (20) feet above the ground level. 4. Temporary, unlighted signs, inside windows, occupying not more than fifty percent (50%) of the area of the window requires no sign permit. F. Office Parks 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. 2. One (1) sign for each street upon which the premises has frontage, identifying a subdivision of lots for office development. This sign shall be no greater than eight (8) feet in height and no larger than twenty (20) square feet in area except where the property fronts on a high-speed, limited access highway, in which case a special exception may be granted for a larger sign if required for legibility. 3. Signs for individual properties or tenants shall be limited to a single sign no larger than three (3) square feet per tenant. Individual tenants must have Letter of Permission from property owner. The Board of Appeals may grant a Special Permit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the surroundings, based upon consideration of the number of occupants and signs per building, size of building and integration of sign and building design. G. Industrial Districts 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. The Building Inspector shall allow a sign larger than twenty-five (25) square feet if a) The property fronts a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; b) The total area of the sign does not exceed 10% (ten percent) of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease. 2 Signs attached flat against the wall or canopy of a building, or projecting not more than six (6) feet above such wall, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such signs does not exceed twenty percent (20%) of the area of the side of the building to which they are attached or two hundred (200) square feet, whichever is less. 3. One (1) ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts, each sign is limited to an area of one hundred (100) square feet. Such sign shall not be located closer than forty (40) feet to any property line or twenty (20) feet above ground level. H. Guidelines 1. The following are further means by which the objectives for signs can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Board of Selectmen, Planning Board, Zoning Board of Appeals in acting upon special permits authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign permit authorized under this Section of the Zoning Bylaw. Efficient Communication: 1. Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted t manufacture or sale or other processing of that specific product. 2. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity of the local outlet. 3. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise. 4. Sign content normally should not occupy more than forty percent (40%) of the sign background, whether a signboard or a building element. 5. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read. Environmental Relationship 1. Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height and colors of other signs in the vicinity. 2. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of one hundred (100) foot lamberts in the downtown or similarly bright areas and not in excess of twenty (20) foot lamberts in unlighted outlying areas. Building Relationship 1. Signs should be sized and located so as to not interrupt obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and where possible, should reflect and emphasize building structural form. 2. Sign material, colors and lettering should be reflective of the character of the building to which the sign relates, just as sign size should be related to building size. 3. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turn buckles. Landscaping, Buffering, Lighting 1. In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and incorporated as part of the plans on which the Special Permit of the Board of Appeals is based. 2. In all industrial districts, landscaping shall be provided and maintained in front yards and in side yards abutting public ways for aesthetic reasons to break up lines of buildings and for screening accessory facilities under the requirements discussed below. Specifically, in all Industrial and Business Districts, landscape screening shall be provided adjacent to: a. Abutting existing residential properties; and b. Abutting limited access highways in addition to the landscaping in front and side yards mentioned above. Landscape screening shall consist of planting, including evergreens, the plantings to be of such height depth as is needed to screen adequately from view from abutting area any unshielded light source, either inside or outside.