5.1.1.
General requirements. All off-street parking
areas and loading areas, other than those provided for dwellings,
but including drives and other accessways, shall be treated with bituminous
or other surfacing material and shall be provided where necessary
with appropriate bumper and wheel guards; illumination shall be so
arranged as to deflect light away from adjoining lots and abutting
streets; and screening shall be provided where required by these bylaws.
5.1.2.
Table of Parking Requirements. Off-street parking
spaces and loading areas shall be provided in at least the ratio specified
in the Table of Parking Requirements. Off-street parking must be provided
to service the net increase in parking demand created by new construction,
additions or change of use.
|
Table of Parking Requirements
| ||
|---|---|---|
|
Use
|
Requirement
| |
|
Dwelling unit
|
2 spaces
| |
|
Retail sales/service
|
1 space per 200 square feet gross floor area
exclusive of storage area but not fewer than 5 spaces per separate
enterprise
| |
|
Business or professional office
|
1 space per 200 square feet gross area
| |
|
Bank
|
1 space per 200 square feet gross floor area
exclusive of storage area by not fewer than 5 spaces per separate
enterprise
| |
|
Restaurant, conventional
|
1 space per 250 square feet gross floor area
| |
|
Restaurant, fast-food
|
1 space per 150 square feet gross floor area
| |
|
Wholesale and industrial
|
1 space per 1.2 person employed on the largest
shift plus 1 space for each company-owned and operated vehicle and
loading space for all delivery or shipping trucks
| |
|
Place of public assembly
|
1 space per 3 persons; capacity based on State
Building Code
| |
|
Hotel or motel guest unit
|
1.1. spaces per unit and loading space for all
delivery trucks or sanitary collections vehicles
| |
|
Lodging house, other accommodation
|
1 space per 3 beds
| |
|
Nursing home
|
1 space per 3 beds
| |
|
All other uses
|
1 space per 200 square feet of gross floor area
or such number of spaces in accordance with anticipated needs as determined
by the Board of Appeals with the advice of the Planning Board
| |
5.1.3.
Parking setback. No parking shall be located
in the required front yard along the frontage of North Main Street.
5.1.4.
Backing restrictions. Parking areas with five
or more spaces or reached from a state-numbered highway shall be designed
and located so that their use does not involve vehicles backing onto
a public way.
5.1.5.
Parking lot plantings. On properties located
along the North Main Street frontage, parking lots containing 10 or
more parking spaces shall have at least one tree per eight parking
spaces, such trees to be located either within the lot or within five
feet of it. At least 5% of the interior of any parking lot having
25 or more spaces shall be maintained with landscaping, including
trees, in plots of at least eight feet in width; trees shall be so
located as to provide visual relief and sun and wind interruption
within the parking area and to assure safe patterns of internal circulation.
5.1.6.
Special permit. The Zoning Board of Appeals
may adjust any of the requirements of this section by special permit
where it finds that such adjustment will not be substantially detrimental
to safety. The Zoning Board of Appeals may require the establishment
of a reserve area where a reduction in the number of spaces is authorized.
[Amended 5-13-2008 ATM by Art. 32; 5-12-2009 ATM by Art. 31]
5.2.1.
Purpose. The purpose of the regulation and restriction of signs
within the Town of Middleton is as follows:
1.
To protect and enhance the visual environment of the Town for purposes
of safety, convenience, information, orderly development, and welfare
of its residents;
2.
To eliminate signs and lights that overload the public's capacity
to receive information, that violate privacy, or that increase the
probability of accidents by distracting attention or obstructing vision;
3.
To encourage signs and lighting that aid communication, orientation,
identify activities, express local history and character, and serve
educational purposes for the public good; and
4.
To reduce visual and informational conflict among private signs and
lighting and between the private and public information systems.
5.2.2.
A-FRAME SIGN
ABANDONED SIGN
ACCESSORY SIGN
ANIMATED SIGN
1.
2.
3.
APPLICANT/INTERESTED PARTY
AWNING
AWNING SIGN
BANNER SIGN
BUILDING FRONTAGE
CANOPY SIGN
DIRECTIONAL SIGN
ELECTRIC MESSAGE BOARDS
ERECT
GROUND SIGN
ILLUMINATED SIGN
INTERIOR SIGNS
NONACCESSORY SIGN
OBSCENE
OFF-PREMISES SIGN
OWNER
PERMANENT SIGN
POLITICAL SIGN
PREMISES
PROJECTING SIGN
REAL ESTATE SIGN
ROOF SIGN
SIGN
SIGN AREA
SIGN CONTENT
SIGN PERMIT
SPECIAL PERMIT
TEMPORARY SIGN
WALL SIGN
WINDOW SIGNS
Definitions. The following words and terms shall, for the purposes
of this section and as used elsewhere in these regulations, have the
meanings shown herein:
A portable, temporary sign or device capable of standing
without support or attachments.
A sign that has ceased to be used for more than two years
or a sign that the owner or interested party no longer intends to
use for the display of sign content; provided, however, this shall
not relieve the owner or interested party of its obligation to remove
sign content to the extent that such content is obsolete.
A sign that advertises activities, goods, products, or a
specific use, owner, or tenant, available within the building or on
the premises on which the sign is located, or advertises the premises
as a whole or any part thereof for sale or rent.
Any sign that uses movement or the illusion of movement or
a change of lighting to depict action or create a special effect or
scene that is activated electrically, wirelessly, environmentally
(wind, thermal, and other similar changes), mechanically, manually
or by some other means using either:
Flashing: Signs with illumination that are characterized by
a repetitive cycle in which the period of illumination is either the
same as or less than the period of nonillumination. For purposes hereof,
"flashing" will not be defined as occurring if the period between
on/off phases of illumination exceeds 60 minutes.
Patterned illusionary movement: Signs with simulated movement
through alternate sequential activation of various illuminated elements
for the purpose of producing repetitive light patterns designed to
appear in some form of constant motion or action.
Revolving: Signs that revolve about an axis.
|
Animated signs shall not be defined to include signs that only
display numeric or digital images of time/temperature.
|
Any advertiser, tenant, or other persons known to the Building
Commissioner as having control of or a substantial interest in said
sign.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and or fabric on a supporting framework
that may be either permanent or retractable.
An awning with sign content on the surface of the fringe
of an awning.
A sign consisting of flexible substrate on which sign content
may be displayed.
The length in feet of the ground floor level of the wall
of a building that faces a street from which legal frontage is derived.
A sign affixed to the visible surface of an attached or freestanding
canopy, which is a multisided overhead structure or architectural
projection supported by attachments to a building and cantilevered
or supported by columns. The surface or soffit of an attached canopy
may be illuminated by means of internal or external sources of light.[1]
A nonaccessory sign that is located on the premises giving
direction and/or orientation for pedestrian or vehicular traffic within
said premises but containing no advertising material.
A sign with the capability of content change by means of
manual or remote input that is not defined as an animated sign under
these regulations, may be used only on ground signs and with the issuance
of a special permit by the Board of Appeals.
Shall mean and include the construction, placement, relocation,
enlargement, alteration, attachment, suspension, adhering, lettering,
posting, and any other manner of affixing a sign at any premises.
Any sign erected on the ground which is self-supported and
anchored to the ground by a pole, columns, braces, or placed on the
ground and not attached to any building. See the figures shown on
Exhibit 1, attached hereto, for a depiction of permitted ground signs.[2]
Any sign illuminated by artificial light either projecting
through its surface (internally illuminated); or reflecting off its
surface (externally illuminated).
Any sign placed within a building, but not including window
signs as herein defined. Interior signs, with the exception of window
signs, are not regulated by this regulation.
Any sign that is not an accessory sign.
In accordance with MGL c. 272, § 1, any sign content that would be defined as "obscene" if it: appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; depicts or describes sexual conduct in a potentially offensive way; and lacks serious literary, artistic, or political or scientific value.
Any nonaccessory sign erected to advertise or give directions
to an establishment or merchandise which is not sold, produced, manufactured
or furnished at the premises on which the sign is located.
The individual, partnership, company, corporation, or other
entity owning all or a portion of the premises or having a long-term
ground lease for the premises on which a sign is to be erected as
evidenced by a deed recorded with the Essex South District Registry
of Deeds for the premises or part thereof.
Any sign permitted to be erected and maintained for more
than 60 days.
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Shall refer to an entire property, complex, park, development,
plaza, or center, which may consist of one or more individual lots
or tax parcels, including all buildings and improvements located thereon.
Any sign which is attached or suspended from a building or
other structure and any part of which projects more than 12 inches
from the wall surface of that portion of the building or structure.
A temporary sign advertising the sale, lease, or rental of
all or any part of the premises upon which it is located.
Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet (extension of a building
façade about the line of the roof) of any building with the
entire support on the roof or roof structure. See the figure shown
on Exhibit 2, attached hereto, for a depiction of permitted roof signs.[3]
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 premises 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 premises 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.
The entire area of a sign 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 content
and the address of the premises shall not be included in determining
sign area. See Exhibit 3, attached hereto, for an example of how to
compute sign area.[4]
The information contained on the face of any sign.
A permit issued by the Building Commissioner entitling an
owner or applicant to erect a sign at a premises.
A special permit granted by the Board of Appeals pursuant
and in accordance with Section 9.4 of the Zoning Bylaws.
A sign permitted to be used on a short-term basis for the
duration of no longer than 60 days unless otherwise specifically provided
herein.
Any sign affixed to, suspended from or painted on an exterior
wall of a building or structure and that does not project more than
12 inches from the building or structure wall, including signs affixed
to architectural projections from a building, provided the sign content
remains on a parallel plane to the face of the building facade or
to the face of the architectural projection to which it is affixed.
See the figures shown on Exhibit 4, attached hereto, for a depiction
of permitted wall signs.[5]
Any sign affixed to the surface of or inside display windows,
lighted only by the general building illumination with its message
intended to be visible to and readable from the public way.
[1]
Editor's Note: Exhibit 1 is included at the end of this chapter.
[2]
Editor's Note: See Exhibit 5, included at the end of this
chapter, for a depiction of permitted canopy signs.
[3]
Editor's Note: Exhibit 2 is included at the end of this chapter.
[4]
Editor's Note: Exhibit 3 is included at the end of this chapter.
[5]
Editor's Note: Exhibit 4 is included at the end of this chapter.
5.2.3.
Administration and enforcement. Unless otherwise provided herein,
no sign shall be erected unless it complies with the terms and provisions
set forth in this regulation and the owner or applicant has submitted
a sign application and paid the associated fee and the Building Commissioner
has issued a sign permit.
5.2.4.
Sign permits. Applications for sign permits shall be submitted
by an owner or applicant to the Building Commissioner. Such applications
shall be not complete unless and until accompanied by:
1.
Two prints of scale drawings of the sign, supporting structure and
location identifying the location of the sign within the premises
and its location relative to all property lines, rights-of-way, parking
areas, all structures within the premises, all structures located
within 40 feet of the premises, and any residential districts;
2.
The written consent of the owner, with a copy of any deed or evidence
of the long-term ground lease;
3.
Two scaled drawings/architectural depictions of the sign, showing
the sign content, color, materials, dimensions, and all other architectural
features of the sign; any deviation from the drawing shall require
the review of the Building Commissioner to confirm that the changes
continue to comply with the provisions of this regulation; and
4.
A copy of any relevant special permit.
5.
All ground, wall or roof signs shall be registered and identified
as required by Section 1407.0 of the State Building Code.
6.
All temporary signs requiring a sign permit shall be registered and
identified as required by the Sign Officer.
7.
Signs that are exempt from the requirement to obtain a sign permit
hereunder shall not relieve an owner or interested party from responsibility
for erecting and maintaining all signs in a safe manner and in a manner
in accordance with all the other provisions of this regulation.
5.2.5.
General requirements.
1.
A permit fee shall be paid at the time an application for a sign
permit is submitted to the Building Commissioner.
2.
All signs, unless otherwise noted, require a sign permit and the
payment of a fee. Every sign permitted by this regulation shall be
kept in good condition and repair.
3.
Ground signs shall be set back a minimum of 10 feet from all property
lines, including rights-of-way (both public and private), and a minimum
of 40 feet from all residential districts and all off premises structures.
Only ground signs may incorporate electronic message boards into their
sign content, with the issuance of a special permit.
4.
Notwithstanding any other provisions of this regulation, signs may
be erected the purpose of which is to post the land as follows: "no
hunting," "no trespassing," etc.
5.
Any owner or interested party shall remove any sign content that
is rendered obsolete, which is a sign that no longer advertises or
identifies an occupant of the premises or a use conducted on the premises,
through change or termination of activities on the premises within
30 days of receiving an order issued by the Building Commissioner
to remove such sign content and shall continue to maintain said sign
in accordance with these regulations.
5.2.6.
Enforcement. The Building Commissioner is hereby charged with
the enforcement of this regulation and the issuance of permits hereunder.
1.
The Building Commissioner 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.
2.
The Building Commissioner is further authorized, upon notice as herein
provided, to order the repair or removal of any sign which in his
judgment is a prohibited nonaccessory or off-premises sign, or is
likely to become dangerous, unsafe, or in disrepair, or which is erected
or maintained contrary to this regulation.
3.
The Building Commissioner shall serve a written notice and order
upon the owner and applicant directing the repair or removal of the
sign within a time not to exceed 30 days after giving such notice.
If such notice and order is not obeyed within such period of time,
the Building Commissioner 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.
The Building Commissioner shall be empowered to institute proceedings
and to impose fines against the owner and any advertiser, tenant,
or other persons known to have control of or a substantial interest
in said sign for any violations in accordance herewith and with the
enforcement powers set forth under Section 9.2 of the Zoning Bylaws.
4.
All expenses incurred by the Building Commissioner 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 30 days
after written notice of assessment is given by the Building Commissioner
to any such person.
5.
The Building Commissioner may enforce the provisions of this section
with regard to the owner of the premises or the lessee, or both.
6.
The Building Commissioner and the Board of Appeals may make reasonable
rules and regulations for the implementation of this section, including
the establishment of fees for permits and special permits.
5.2.7.
Special permit. Any sign for which a special permit is required
to be issued shall be issued by the Board of Appeals, unless otherwise
noted, pursuant to the requirements of Section 9.4 of the Zoning Bylaw,
and provided the owner or applicant can demonstrate to the Board that
the sign shall be in harmony with the general purposes of this regulation.
1.
The owner or applicant must submit to the Board, in addition to the
items required by Section 9.4 of the Zoning Bylaw, the following:
a.
A special permit application; and
b.
Site plan, which complies with Section 9.5 of the Zoning Bylaws,
showing all parking areas, driveways, accessways, landscaping, lighting,
rights-of-way, structures, and all existing and proposed signs for
the premises; and
c.
Scaled drawings/architectural depictions of the sign, showing
the sign content, color, materials, dimensions, and all other architectural
features of the sign; any deviation from the drawing shall require
the review of the Building Commissioner to confirm that the changes
continue to comply with the provisions of this regulation.
2.
Special permit criteria. The Board of Appeals may grant a special
permit, provided the Board issues a finding that all of the following
criteria have been satisfied and that the sign is in harmony with
and does not derogate from the general purposes of this regulation.
a.
The premises is an appropriate location for the proposed sign
and that conditions affecting the premises are different from other
similarly situated properties located in the district and require
special relief; and
b.
The sign will not adversely affect or be incongruous with the
neighborhood or surrounding zoning district in which it is to be located;
and
c.
There will be no nuisance or serious hazard to vehicular or
pedestrian traffic or safety as a result of the sign; and
d.
The sign satisfies all of the applicable dimensional and other
criteria described in this section 5.2 unless otherwise waived as
provided herein; and
3.
Conditions. The Board of Appeals, in approving the special permit,
may attach such conditions and safeguards as are deemed necessary
to protect the abutting properties and neighborhood and to safeguard
the purposes of this regulation, including but not limited to the
following:
5.2.8.
Nonconforming signs. Any sign legally existing at the time of
the passage of this regulation that does not conform in use, location,
height, or size with the regulations applicable to the zoning district
in which such sign is located shall be considered a legally nonconforming
use or structure, as the case may be, and shall be permitted to continue
and be maintained until it is removed by its owner or interested party
or constitutes an abandoned sign as follows:
1.
No Increase in the nonconformity: Structural alteration, enlargement
or reerection of a nonconforming sign is permissible only to the extent,
in the opinion of the Building Commissioner, such alterations will
not increase the degree of the nonconformity of the sign. To the extent
the Building Commissioner makes a determination that a change will
increase the degree of nonconformity, the owner or interested party
shall be required to apply to the Board of Appeals for a special permit
under Section 5.2.7 hereof to authorize structural alteration, enlargement
or reerection.
2.
Abandoned signs. Any owner or interested party shall remove all abandoned
signs within 30 days of receiving an order issued by the Building
Commissioner to remove such sign.
3.
Destroyed or damaged signs. Any sign that has been destroyed or damaged
to the extent that the cost of repair or restoration will exceed 50%
of the replacement value as of the date of destruction shall not be
repaired, rebuilt, restored or altered unless in conformity of this
regulation. For the sake of clarity, the normal maintenance of the
sign or the changing of the sign content resulting from a change in
occupancy shall not be considered a repair or restoration for the
purposes of this provision and shall not invalidate its status as
a legally existing nonconforming sign.
5.2.9.
Prohibited signs. The following signs, devices, and locations
shall be specifically prohibited in all zoning districts:
1.
Signs that are lighted by any means other than a steady, stationary
light, shielded and directed solely at the sign.
2.
Signs that cast glare onto any residential premises or onto any portion
of a way so as to create a traffic hazard.
3.
Signs that are illuminated in any residential district between the
hours of 11:00 p.m. and 7:00 a.m. unless indicating time or temperature
or an establishment open to the public during those hours.
4.
Signs having red or green lights within sight of a traffic signal
unless approved in writing as nonhazardous by the Chief of Police.
5.
Animated or neon or any signs that revolve, move, give the appearance
of movement, or flash.
6.
Neon signs, except as used for window signs.
7.
Portable signs except as may be allowed as temporary signs in accordance
with this regulation.
8.
Off-premises signs except as may be allowed by special permit from
the Board of Appeals in accordance with the provisions hereof.
9.
Electronic message boards except as may be allowed by special permit
from the Board of Appeals in accordance with the provisions hereof
and only to display sign content on ground signs.
10.
Pennants, streamers, advertising flags, balloons, spinners or
similar devices.
11.
Corner visibility shall not be obstructed.
12.
Sign that are erected, displayed, or maintained upon any rock,
tree, fence, or utility pole.
13.
Signs that are erected, displayed, or maintained that contain
any obscene matter.
14.
Signs that obstruct any means of egress from a building.
15.
Signs that obstruct or otherwise interfere with an official
traffic sign, signal, or device, or obstruct or interfere with a driver's
view of approaching, merging or intersecting traffic.
16.
Projecting signs.
17.
Signs projecting onto the public right-of-way.
18.
Nonaccessory signs except for directional signs.
19.
Signs that are attached to motor vehicles, trailers or other
movable objects regularly or recurrently located for fixed display
advertising a product or service, shelter, or distribution point for
commercial products or services.
5.2.10.
Permitted signs — all Residential Districts.
1.
Accessory signs. The following signs are allowed in all Residential
Zoning Districts:
a.
One sign, either attached or ground, indicating only the name
of the owner or occupant, street number and permitted uses or occupations
engaged in thereon such as accessory professional office, home occupation,
or other accessory uses permitted in a residential district. Such
sign shall not exceed two square feet in area.
b.
One ground sign identifying a housing development at each public
entrance to a subdivision, provided such sign shall be set back a
minimum of 10 feet from the boundary lines of any adjacent streets
and a minimum of 40 feet from all structures. Such sign shall not
exceed 24 square feet in area and shall not extend more than six feet
above ground level.
3.
Temporary signs. All temporary signs in a residential district must
be accessory signs and shall be set back a minimum of 10 feet from
all property lines and a minimum of 40 feet from all off-premises
structures. Notwithstanding that the following temporary signs do
not require a sign permit or the payment of a fee, an owner or interested
party is not relieved from responsibility for erecting and maintaining
all signs in a safe manner and in a manner in accordance with all
the other provisions of this regulation.
a.
One 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 six square feet and shall not extend more than
four feet above ground level. Such sign shall be removed 14 days after
sale, rental or lease.
b.
Signs advertising open houses shall be removed at the end of
each day. In no event shall such signs include pennants, streamers,
advertising flags, balloons, spinners or similar devices.
c.
One unlighted identification sign at each public entrance to
a subdivision not exceeding 12 square feet in area and shall not extend
more than four feet above ground level; to be removed when the subdivision
roadway is accepted by the Town.
d.
One temporary unlighted sign maintained on the premises while
construction is in process and containing information relevant to
the project, including the name and address of the parties involved
in the construction or financing of a project on the premises. The
construction sign shall not be larger than six square feet and shall
not extend more than six feet above ground level. Such sign shall
be removed 14 days after completion of construction or as required
by the Building Commissioner if a waiver is granted.
|
The Building Commissioner may waive the size limitations set
forth above and allow a sign larger than six square feet if: the premises
fronts on a state highway, such as Route 114 or Route 62; or if the
sign is advertising lots in a subdivision and a larger sign is needed
for legibility purposes. The total area of the sign shall not exceed
24 square feet.
|
5.2.11.
Permitted signs — all Business and Industrial Districts.
1.
Accessory signs. A premises shall be allowed to have one ground sign
and either one roof or one wall sign, subject to the provisions set
forth below and unless otherwise specifically permitted hereby.
a.
Ground signs. Only one ground sign is permitted on any premises
regardless of the number of buildings on such premises.
b.
No ground sign shall extend more than 15 feet above ground level.
c.
For single-occupant buildings, the sign area shall not exceed
36 square feet.
d.
For multiple-occupant buildings, the sign area shall not exceed
36 square feet plus an additional six square feet for each additional
occupant up to a maximum area of 96 square feet.
e.
Sign areas larger than 96 square feet and signs in excess of
15 feet above ground level may be allowed by special permit of the
Board of Appeals in accordance with Section 5.2.7.
2.
Roof signs and wall signs. Each building located at a premises shall
be entitled to only one roof sign or only one wall sign.
a.
The total sign area of any wall or roof sign shall not exceed
more than one square foot for every one linear foot of the building
frontage. See Exhibit 3, attached hereto, for an example of how to
compute sign area.[6]
[6]
Editor's Note: Exhibit 3 is included at the end of this chapter.
b.
A building that is situated on lot where the main public entrances
of the majority of its occupants face a parking lot shall be entitled
to use the linear footage of the side of the building wall that faces
the parking lot in determining the permissible sign area.
c.
The center line of any roof sign shall not exceed the midline
of the roof and shall not extend above the ridge of the roof. See
the figure shown on Exhibit 2, attached hereto, for a depiction of
permitted roof signs.[7]
[7]
Editor's Note: Exhibit 2 is included at the end of this chapter.
d.
All allowed wall signs and roof signs shall be limited to the
designs shown on Exhibits 2 and 3, attached.
e.
Subject to the issuance of a special permit by the Board of
Appeals in accordance with Section 5.2.7, a multioccupant building
may be permitted to erect multiple roof and wall signs for each occupant,
provided in addition to all other criteria listed herein and in Section
9.4 of the Zoning Bylaw the owner or interested party is able to demonstrate
to the Board that:
(1)
The combined sign area shall not exceed the sign area as determined
under Subsection 2.a above.
(2)
In no event shall a building have a combination of wall and
roof signs.
(3)
Wall signs on a single building, or multiple buildings within
a premises, shall be consistent in size, color, and character providing
for a uniform design.
f.
Subject to the issuance of a special permit by the Board of
Appeals in accordance with Section 5.2.7, a building may have wall
or roof signs on more than one side of a building, provided in addition
to all other criteria listed herein and in Section 9.4 of the Zoning
Bylaw the owner or interested party is able to demonstrate to the
Board that:
[Amended 5-11-2010 ATM by Art. 31]
(1)
The building is located on a corner lot with legal frontage
on both sides, as determined for the applicable zoning district; or
(2)
The building is situated on a lot where the main public entrances
for its occupants face its parking lot and a street on which the premises
has legal frontage; and
(3)
The sign is to be placed on the side of the building with legal
frontage or that faces its parking lot; and
(4)
The combined sign area of all such signs shall not exceed sign
area as determined under Subsection 2.a above.
3.
Canopy signs. A premises shall be permitted to have a canopy sign
subject to the issuance of a special permit by the Board of Appeals
in accordance with Section 5.2.7 and in Section 9.4 of the Zoning
Bylaw, and provided owner or applicant meets all other requirements
listed herein for wall or roof signs. Canopy signs shall take the
place of any wall or roof sign that may be erected on any building.
Only canopy signs as shown on Exhibit 5 shall be permitted, subject
to the issuance of a special permit as mentioned herein.
4.
Awning signs. A building shall be permitted to have awning signs,
provided they are consistently used on a building and shall be consistent
in size, color, and character providing for a uniform design. The
sign area used by the awning sign shall reduce the sign area permissible
for any wall or roof sign being erected on any building. The size
of lettering or other copy used in the sign shall not be taller than
eight inches.
5.
Window signs. Signs shall be permitted in windows, provided the sign
content shall not cover more than 20% of the window glass area in
which it is located. The area of the sign is computed as shown on
Exhibit 3, Figure 1.[8]
[8]
Editor's Note: Exhibit 3 is included at the end of this chapter.
6.
Building directories (if located outside). Directories 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 square foot
for each establishment occupying the building but in no event shall
the directory sign be larger than six square feet.
7.
Directional signs. Traffic control orientation, directional, and
guidance signs located within the boundaries of the premises for which
such signs are being employed shall be permitted up to four square
feet in area, displayed for purposes of direction or convenience,
including signs identifying parking, fire lanes, rest rooms, freight
entrances and the like. Each premises shall be limited to no more
than four directional signs per premises. The Building Commissioner
may permit additional signs if the owner or occupant can demonstrate
a reasonable need for public safety and convenience.
8.
Service stations or garages.
a.
May divide the allowed sign area of the permitted wall sign
into separate, smaller wall signs indicating separate operations or
departments. A ground identification sign of 36 square feet with price
sign incorporated is allowed.
b.
For active fuel-dispensing service stations, with multiple tenants,
on the same lot: one single freestanding ground identification sign
of 36 square feet plus an additional six square feet for each additional
occupant up to a maximum area of 96 square feet. Pricing information,
if advertised, shall be counted toward sign area for service stations.
The maximum height (including pylons) of this freestanding ground
sign shall be 15 feet from ground level.
c.
Sign areas larger than 96 square feet and signs in excess of
15 feet above ground level may be allowed by special permit of the
Board of Appeals, in accordance with Section 5.2.7.
9.
Temporary signs requiring no permit. All temporary signs must be
accessory signs and shall be set back a minimum of 10 feet from all
property lines and a minimum of 40 feet from all residential districts
and off premises structures and shall be permitted on a short-term
basis as hereinafter specified. The following temporary signs do not
require a sign permit or the payment of a fee:
a.
One unlighted real estate sign advertising the sale, rental
or lease of the premises on which it is erected, to be no larger than
24 square feet and shall not extend more than six feet above ground
level. Such sign requires no sign permit and shall be removed 14 days
after sale, rental or lease or as required by the Building Commissioner
if a waiver is granted.
b.
Signs advertising open houses shall be removed at the end of
each day. In no event shall such signs include pennants, streamers,
advertising flags, balloons, spinners or similar devices.
c.
One unlighted sign maintained on the premises while construction
is in process and containing information relevant to the project,
including the name and address of the parties involved in the construction
or financing of a project on the premises. The construction sign shall
not be larger than 24 square feet and shall not extend more than six
feet above ground level. Such sign shall requires no sign permit and
shall be removed 14 days after completion of construction or as required
by the Building Commissioner if a waiver is granted.
d.
The Building Commissioner may waive the size limitations set
forth above and allow a sign larger than 24 square feet if: the premises
fronts on a state highway, such as Route 114 or Route 62, and a larger
sign is needed for legibility purposes. The total area of the sign
shall not exceed 32 square feet.
10.
Temporary signs requiring a permit. All temporary signs other
than as provided above in Subsection 8 shall require a permit and
the payment of a fee. Such signs must be accessory signs and shall
be set back a minimum of 10 feet from all property lines and a minimum
of 40 feet from all residential districts and off-premises structures
and shall be permitted on a short-term basis as hereinafter specified.
11.
A-frame sign. An A-frame sign shall only advertise sales, special
events, a daily or weekly special (which changes each day or week)
or changes in the nature of an operation, and shall not otherwise
be used to advertise a continuing or regularly recurring business
operation.
a.
Each A-frame shall require the issuance of a sign permit that
complies with the requirements of this regulation for a temporary
sign by the Building Commissioner and the payment of a fee.
b.
No premises shall be permitted to erect more than two such signs
at any one time, and only one such A-frame sign shall be permitted
for every 50 feet of legal frontage abutting a public way and available
at premises.
c.
Each permit shall contain an authorization from the owner and
be signed and submitted by the applicant.
d.
The total sign area shall not exceed 12 square feet on each
side and shall not be more than 36 inches wide at its widest part.
e.
The sign shall not extend more than 48 inches above grade.
f.
The sign shall be taken down every evening and displayed only
during the hours that the advertising entity is open for business
to the general public.
g.
The sign shall not be illuminated, emit any sound, have any
moving parts, flashing lights, reflectors or other devices that are
likely to cause a distraction.
h.
The sign shall be securely anchored so as to not blow over and
is professional in appearance.
i.
The sign shall 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 to manufacture or sale
or other processing of that specific product.
j.
Signs should not contain selling slogans or other advertising
which is not an integral part of the name or other identification
of the enterprise.
k.
The sign shall not obstruct a public or private walkway, or
be placed on public property.
12.
Banners. Banner signs may be permitted to advertise sales or
special events, but shall not otherwise be used to advertise a continuing
or regularly recurring business operation. Street banners may advertise
a public or charitable entertainment or event. All banners shall be
removed promptly when the information they display is out of date,
but in any event no later than seven days after the event. Banners
shall comply with the following:
a.
Shall only be erected for up to 10 consecutive days in any two-month
period and for never more than 30 days in any twelve-month period
on any premises.
b.
Only one shall be permitted at a premises at any given time.
c.
The dimensions shall be no greater than 20 feet long or four
feet tall with a total sign area not to exceed 80 square feet.
d.
Shall not be illuminated, emit any sound, have any moving parts,
flashing lights, reflectors or other devices that are likely to cause
a distraction.
e.
Shall be securely anchored and properly maintained and professional
in appearance.
f.
Shall not be attached to shrubs, trees or similar items for
support but rather must be professionally erected.
g.
Shall not obstruct a public or private walkway, or be placed
on public property.
5.2.12.
Temporary signs not requiring a permit — all districts.
The following temporary signs, in addition to those specifically set
forth herein, shall be allowed in all districts, provided they comply
with the following:
1.
Temporary signs, of not more than 12 square feet in area, erected
for a charitable or religious cause; requires no sign permit and is
to be removed within 30 days of erection. The Building Inspector shall
maintain placement controls.
2.
Identification signs or entrance markers for a church or synagogue
shall not exceed a combined total of 30 square feet, and provided
that there shall be no more than two signs allowed on the premises.
3.
Temporary signs pertaining to a candidate or ballot question appearing
on the ballot of an election duly called in the Town of Middleton
shall require no sign permit. Such signs permitted by this bylaw shall
only be permitted on private property and in no event:
a.
Shall be placed in any public right-of-way or obstruct traffic
visibility;
b.
Shall exceed six square feet in area per sign and shall not
exceed in aggregate 24 square feet in area per lot;
c.
Shall be higher than four feet above ground level; and
d.
Said signs shall be stationary and shall not be illuminated.
|
Unless otherwise specified in this bylaw, temporary signs pertaining
to other noncommercial 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 3.a through d, inclusive,
above.
|
5.2.13.
Off-premises signs — all districts. 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 of 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 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
square feet in area.
5.2.14.
Guidelines. 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 Appeals
in acting upon special permits authorized by the Zoning Bylaws and
by the Building Commissioner in issuing a sign permit authorized under
this section of the Zoning Bylaw.
1.
Efficient communication.
a.
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 to manufacture or sale
or other processing of that specific product.
b.
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.
c.
Signs should not contain selling slogans or other advertising
which is not an integral part of the name or other identification
of the enterprise.
d.
Sign content normally should not occupy more than 40% of the
sign background, whether a signboard or a building element.
e.
Signs should be simple, neat and avoid distracting elements,
so that contents can be quickly and easily read.
2.
Environmental relationship.
a.
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.
b.
Sign brightness should not be excessive in relation to background
lighting levels, e.g., averaging not in excess of 100 foot lamberts
in the downtown or similarly bright areas and not in excess of 20
foot lamberts in unlighted outlying areas.
3.
Building relationship.
a.
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.
b.
Sign material, colors and lettering should be reflective of
the character of the building to which the sign relates, just as sign
area should be related to building size.
c.
Clutter should be avoided by not using support brackets extending
above the sign or guy wires and turnbuckles.
5.3.1.
Applicability. The requirements of this section
shall apply to any nonresidential use subject to a special permit
or site plan approval.
5.3.2.
Landscaping requirements for property lines.
Property line(s) with residential districts or uses shall be screened
from nonresidential uses by means of plantings or maintenance of trees
of a species common to the area and appropriate for screening, spaced
to minimize visual intrusion, and providing an opaque year-round visual
buffer between uses. Such plantings shall be provided and maintained
by the owner of the property used for nonresidential purposes. No
part of any building or structure or paved space intended for or used
a parking area may be located within the buffer area. Planted buffer
areas along property lines with residential districts or uses shall
be at least 10 feet in depth.
5.3.3.
Large parking areas. Parking areas containing
over 20 spaces shall be suitably landscaped. The Board of Appeals
may require at least one shade tree per 10 parking spaces. At least
5% of the interior of the parking area shall be maintained with landscaping,
including trees. Trees shall be located to provide visual relief from
sun and wind interruption within the parking area and assure safe
patterns of internal pedestrian and vehicular traffic.
5.3.4.
Fencing; retaining walls; and berms. Fencing,
retaining walls and berms may be allowed in lieu or in conjunction
with plantings. Design and height of such substitute shall be subject
to the approval of the Board of Appeals.
5.3.5.
Unsightly uses and areas. Exposed storage areas,
refuse disposal facilities, machinery, service areas, truck loading
areas, utility buildings and structures and other unsightly uses shall
be screened from view from neighboring properties and streets using
dense, hardy evergreen plantings, or earthen berms, or wall or tight
fence complemented by evergreen plantings.
5.3.6.
Planted area requirements. Planted areas shall
contain an appropriate mix of plant species appropriate to proposed
use, siting, soils, and other environmental conditions. Where the
Board of Appeals determines that the planting of trees is impractical,
the permit applicant may substitute shrubbery for trees.
5.3.7.
Coordination with site plan approval. The Board
of Appeals shall require a landscaping plan as part of the overall
site plan for the premises. Such landscaping plan shall be at a scale
sufficient to determine compliance with the specifications set forth
in this section.
5.3.8.
Maintenance. All landscaping features, structures
and areas shall be properly maintained. Dead shrubs or trees shall
be replaced within one growing season as a condition of approval.
5.3.9.
Special permit. By special permit, the Board
of Appeals may authorize a reduction in the requirements of this section,
where such reduction will not result in substantial detriment.
5.4.1.
Purpose. The following performance standards
have been adopted in order to control the size, scale, and impacts
of larger nonresidential developments. The Board of Appeals shall
ensure that such standards are met during the course of any special
permit application or site plan review for a nonresidential use.
5.4.2.
Lighting. The proposed development shall not
produce lighting so as to unreasonably interfere with the use and
enjoyment of property within the Town. Lighting practices and systems
shall reduce light pollution, light trespass and glare in order to
preserve and enhance the natural, scenic, and aesthetic qualities
of the Town; conserve energy and decrease lighting cost without decreasing
nighttime safety, security, and productivity; and preserve the night
sky as a natural resource to enhance nighttime enjoyment of property
within the Town.
1.
Shielding. All outdoor light fixtures shall be shielded
so as to meet the goals of this section.
2.
Light trespass. Direct light from the light source
is to be confined within the property boundaries.
3.
Light intensity. Outdoor lighting shall be designed
to provide the minimum intensity needed at any particular time.
4.
Searchlights. The operation of laser shows or searchlights
for advertising purposes is prohibited; provided however, that same
may be authorized for a period of not more than 14 days by special
permit issued by the Board of Appeals.
5.
Indoor lighting. Indoor light sources will not be
projected outside in a manner to defeat the intent of this bylaw.
6.
Flickering and flashing lights. No flickering or flashing
lights shall be permitted. Processes, such as arc welding, which create
light flashes shall be confined within buildings or shielded to prevent
either direct glare or flashing.
7.
Hours of operation. Except as may be deemed appropriate
for site safety or security, the Board of Appeals may require as a
condition of site plan approval that all external lighting, including
lighting accessory to authorized signs, shall be extinguished 1/2
hour after the facility is closed for the business day. Such lighting
may be timed to resume 1/2 hour prior to the arrival of the first
employee on the premises.
5.4.3.
Noise. The proposed development shall not unreasonably
interfere with the reasonable use and enjoyment of property within
the Town as a result of the generation of noise. Practices and systems
shall reduce noise pollution in order to preserve and enhance the
natural and aesthetic qualities of the Town; preserve property values;
and preserve neighborhood character.
1.
Hours of operation. As a condition of any special
permit or site plan approval, the Board of Appeals may incorporate
required specific hours of operation for the following activities:
a.
The loading, unloading, opening, closing or
other handling of boxes, crates, containers, building materials, garbage
cans, or other objects or materials for sale or storage or use in
a manner that causes a condition of noise pollution at any time;
b.
Operating or permitting the operation of tools
or equipment used in construction, drilling or demolition work;
c.
Operation of construction devices.
2.
Ambient noise level. No person shall operate or cause
to be operated any source of sound in a manner that creates a sound
level which exceeds 10 dBA above ambient when measured at the property
boundary of the receiving land use, in accordance with the standards
of the Massachusetts DEP.
5.4.4.
Site development standards. To the extent practicable,
the proposed development shall be located to preserve and enhance
the natural features of the site, to avoid disturbances of environmentally
sensitive areas, to minimize adverse impacts of development on adjoining
properties, to minimize the alteration of the natural features of
the site and to preserve and enhance scenic points, historic buildings
and places and similar community assets which add value and attractiveness
to the subdivision and the Town.
1.
Phasing of development. The Board of Appeals may limit
the extent of a site exposed at any one time through phasing of construction
operations. Effective sequencing shall occur within the boundaries
of natural drainage areas.
5.4.5.
Pedestrian and vehicular access; traffic management.
The proposed development and/or redevelopment shall be designed with
a forecast for the next five years from the time of application to
minimize hazards to public health and safety as a result of traffic;
provide safe access and circulation on the site for expected vehicles,
pedestrians, and emergency vehicles; provide off-site traffic mitigation,
where required, to offset the impact of the development; reduce the
traffic impacts of the proposed development on the area and the Town
by incorporating traffic management devices; and minimize the impact
on scenic roads, historic districts, natural resources, and community
character. The development shall not degrade safety for pedestrians,
bicyclists, motor vehicle occupants, or property.
1.
Access via roadways abutting residential districts
shall be avoided where possible.
2.
Access and egress to a development with frontage on
more than one street shall be in a manner that causes the least impact
to the surrounding neighborhoods as determined by the Board of Appeals.
3.
Each development shall be served by an adequate driveway.
The Board of Appeals may, in certain circumstances, allow additional
driveways as a condition of approval where the access is shared or
the project has frontage on two separate streets.
4.
All driveways shall be designed to afford adequate
sight distance to pedestrians, bicyclists, and motorists exiting to
public ways. Improvements may be required on the public way for vehicular
turning movements in or out of the site and safe pedestrian access
to adjoining sidewalks, paths, walking trails or bikeways.
5.
Curb cuts shall be limited to the minimum width for
safe entering and exiting, and shall in no case exceed 24 feet in
width unless waived by the Board of Appeals. The location of driveway
openings in relation to traffic and to adjacent streets shall provide
for the convenience and safety of vehicular and pedestrian movement
within the site. The number of curb cuts on state and local roads
shall be minimized.
6.
Interior circulation. The proposed development shall
assure safe interior circulation within its site by separating pedestrian,
bike ways, and vehicular traffic.
7.
The Board of Appeals may require a traffic study,
prepared by a qualified traffic engineer, detailing the excepted traffic
impacts.
8.
Sight distance. Acceptable sight distance shall be
provided and maintained at all access locations, egress locations,
and all intersections affected by the development.
9.
Mitigation. The Board of Appeals may require as a
condition of any special permit or site plan approval off-site improvements
to mitigate the impact of the proposed development.
5.4.6.
Exemptions. The following are exempt from these
standards:
1.
Emergency response. Emergency responses performed
by a private entity or a public agency and fire or burglar alarms.
2.
Municipal uses and structures. All municipal uses
and structures, including schools.
3.
Events. Parades, fairs or outdoor entertainment between
the hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit
for such activity has been granted by the Board of Selectmen and that
said permit is for not more than 10 days.
4.
Religious structures and services. Religious services
conducted by an organization which qualifies under the laws of the
commonwealth as a tax-exempt religious group.
