The purposes of this bylaw are for the regulation
and restriction of billboards, signs and other advertising devices
within the Town of Chatham on public ways, or on private property
within public view of a public way, public park or reservation; to
preserve for the citizens of Chatham and their children the natural,
architectural and historical assets and other qualities which distinguish
the Town as a desirable community for permanent residence and for
summer recreational purposes; to protect its income from the recreational
business by exercising prudent control over the assets; to preserve
for the citizens their rights to a customary means of earning a living;
and to encourage growth of the community along the traditional architectural
lines.
This bylaw is hereby declared to be remedial
and protective and is to be so construed as to secure the beneficial
interests and purposes thereof. This bylaw is adopted pursuant to
Massachusetts General Laws Chapters 93, 40A and 43B.
A-FRAME OR EASEL SIGN
A double-faced sign, with the two faces connected at the
top and spaced at the bottom so as to form the shape of the letter
"A" and therefore being self-supporting on a flat surface, or a single-faced
sign similarly self-supporting.
BANNER
A piece of cloth, plastic or similar material attached at
one or more points to a pole, staff or other support.
GROUND
Natural earth or soil level of the particular area or normal
finished grade.
GROUND SIGN
A sign, single- or double-faced, supported from ground level
by posts or similar vertical supports.
LADDER SIGN
A ground sign with two vertical supports, with two or more
horizontal crosspieces serving as individual signs for identification
or advertising purposes.
NONCONFORMING SIGN
A sign which is not allowed by the current bylaw but which,
when first constructed, was legally allowed by the Town.
OFF-PREMISES SIGN
A sign which is not appurtenant to the use of the property,
a product sold or a service offered upon the property where the sign
is located.
PERSON
The definition of person for the purposes of this bylaw shall
include an individual, corporation, society, association, partnership,
trust or other entity, public or private.
PUBLIC WAY
For purposes of this bylaw, a public way shall include a
private way that is open to public use.
RIDGELINE
The highest point of the main roof structure or highest point
on a parapet, but shall not include cupolas, pylons, projections or
minor raised portions of the roof.
ROOF SIGN
A sign attached to a roof of a building not extending higher
than the roofline.
SIGN
A sign shall mean any material or any structure or part thereof
or device attached thereto on which is painted, represented, displayed
or included a letter, word or figure which attracts or tends to attract
attention to itself. Signs herein shall also mean all advertising
devices or insignia, whether lettered or not, designed to promote
a business, the sale of a product or of a service. The word "sign"
as used in this bylaw shall also include any lettered or worded advertisement
not outdoors which is visible and is intended to be read from the
outdoors. The term shall not include any flag, badge or insignia of
any government or governmental agency or of any civic, charitable,
religious, patriotic or fraternal organization. "Sign face" shall
mean the side of a sign intended to be read.
TEMPORARY SIGN
A sign intended to be displayed for a limited period for
the purpose of advertising a special sale or promotion or announcing
a bona fide charitable, religious, educational or civic event, or
promoting the election of a political candidate.
WALL SIGN
A sign attached parallel to, or painted on, the vertical
wall of a building exterior.
WINDOW SIGN
A sign displayed on or within the window of a building visible
from outside the building.
ZONES
Zones as used in this bylaw shall mean the zones described
in Section 5, Protective Bylaw of the Town, as amended.
The following signs may be erected in the general
business areas:
A. Wall signs. One wall sign per established business
for each street frontage not exceeding a total of 10% of that building
face including the window area, but not to exceed three feet in height,
advertising only the business carried on and/or services and products
made or sold on the premises.
B. Window signs. Window signs shall not exceed 25% of
the individual window area or 10% of the glass area of any required
exit door.
C. Ground signs (including ladder signs). In addition to the wall sign specified in Subsection
A above, there shall be but one single- or double-faced sign of not over 20 square feet area within 15 feet of the street or boundary; if said sign is located between 15 and 20 feet from the road boundary it may be 30 square feet in area, and if located more than 20 feet from the road boundary it may contain not over 40 square feet in area with the upper and lower edge to be determined by the existing grade level and the approval of the sign agent, but in no case shall the height exceed 18 feet above the sign's foundation or the existing grade level at the foundation.
D. Roof signs. In lieu of, but not in addition to, a
wall sign, a sign which shall not exceed a height of three feet, nor
the ridgeline of the structure, may be affixed to the roof of a building.
All roof signs shall be properly and safely erected and approved by
the Select Board or their agent.
[Amended 6-12-2021 ATM by Art. 55]
E. Signs for gasoline stations, garages and commercial boating facilities. Such businesses may, if they elect to do so, divide that one exterior sign affixed to the front wall of the building to which they are entitled as hereinabove provided into separate signs affixed to and parallel to such wall and indicating the separate operations or departments of the business; provided, however, that the total of the area of the separate signs shall not exceed the maximum area permitted under this bylaw for a single exterior sign on such wall. In addition, one ladder sign, subject to the limitations as defined under Subsection
C, Ground signs, may be permitted. In addition, one sign, standing or otherwise, indicating the company whose gasoline is being sold may be erected subject to approval of the sign code agent. The standard type of gasoline pump bearing thereon, in usual size and form, the name or type of gasoline and the price thereof, shall not be deemed to be in violation of this bylaw. Temporary or moveable signs of any and every type are specifically prohibited.
F. Projecting, overhanging signs. A projecting, overhanging
sign shall be permitted in the general business area designated as
GB-1 and GB-2. These signs shall be limited to one per store occupancy
and shall not exceed six square feet per sign space. They must have
a clear height of 10 feet (in accordance with the State Building Code)
and be erected and secured in such a manner as to preclude their becoming
a safety hazard to the public. The Select Board or their agent must
be shown or provided with proof of adequate public liability insurance
coverage applicable to signs extended over Town property. The Town
of Chatham may require possession of the policy.
[Amended 6-12-2021 ATM by Art. 55]
G. Signs on Town-owned property. The Select Board or
their agent shall have the sole discretion as to the suitability of
all signs erected or to be erected on Town-owned property, under lease
of private enterprise or otherwise, but all said signs shall conform
to the existing sign code.
[Amended 5-13-2013 ATM
by Art. 32; 6-12-2021 ATM by Art. 55]
H. Signs for shopping centers and plazas. In all general
business areas other than GB-1 a shopping center or plaza will be
defined as more than one business establishment on the same or adjacent
properties using a common parking area and in which the buildings
adjacent to the common parking area are not more than 50 feet apart.
Shopping centers and plazas as defined herein shall be allowed only
one ground sign which may be a ladder-type sign, single- or double-faced,
not to exceed a height of 15 feet from natural grade. Said sign may
advertise the name of the shopping center or plaza, and each ladder
rung may contain the name of one business in the shopping center or
plaza, but said business shall be allotted not more than one rung
per shopping center or plaza.
I. Signs for industrial zones. Industrial zones shall
be allowed, in addition to other signs as allowed in general business
zones, one ladder-type sign, single- or double-faced, not to exceed
a height of 15 feet from natural grade. Said sign may advertise the
name of the industrial area, and each ladder rung may contain the
name of one business in the zone, but said business shall be allotted
not more than one rung per zone.
J. Theater signs. Motion-picture theaters, stage and summer theaters shall be permitted, in addition to other permitted signs, a theater marquee in lieu of a projecting, overhanging sign as defined under Subsection
F. In addition, there will also be permitted the usual conventional bulletin areas on either side of the main entrance not to exceed six square feet each.
K. Awnings and canopies.
(1) The lowest portion of any awning shall not be less
than seven feet above the level of a sidewalk or public right-of-way.
No awning may extend beyond a point 12 inches inside the curbline.
There is no limitation on the horizontal width of an awning.
(2) The lowest portion of any canopy shall not be less
than eight feet above the sidewalk or public right-of-way. No canopy
may extend beyond a point 12 inches inside the curbline without approval
by the Sign Code Appeals Committee under such terms and conditions
as it may require. No canopy shall exceed eight feet in width. There
shall be no advertising on any awning or canopy except that the business
name may be painted on the vertical portion of the street apron which
is geometrically parallel to the building front.
L. Direction signs. Wall or ground signs not exceeding
one square foot of sign face area may be used for a driveway entrance,
exit, or for warning purposes.
M. All residences in zones other than residential zones
shall have the privileges and restrictions of residential zone regulations
under this bylaw.
The following signs may be erected in the residence
zones:
A. One single- or double-faced sign per dwelling unit
which may be erected from the ground or suspended from a post, or
attached to the building face, not to exceed two square feet per sign
face.
B. One single- or double-faced sign per dwelling unit
advertising an allowed home occupation or profession shall not exceed
six square feet per sign face.
C. Ladder-type signs for property owners, group listings
in remote residential areas except within 100 feet of a state highway.
D. One wall or ground sign, single- or double-faced,
not exceeding 18 square feet per sign face area, on the premises of
a church, library, school or other public building, giving only the
name and nature of the occupancy and information as to the schedule
of use or occupancy. In addition, wall or ground signs not exceeding
one square foot of sign face area may be used for a driveway entrance,
exit, or for warning purposes.
E. Sale or rent, single-faced signs erected only on the
property to be sold or rented but not placed on trees or rocks and
not exceeding six square feet of sign face area per area face and
which shall be removed within 48 hours of sale or termination of sale
or rental contract.
F. Builders, architects, developers and engineers shall
be permitted one temporary, single-faced group sign per multiple-
or single-unit construction site which shall not exceed 24 square
feet of sign face area. These signs shall be removed within 48 hours
of issuance of a certificate of occupancy.
G. Real estate developers concerned with long-range property
development sale shall be restricted to one sign, single- or double-faced,
not to exceed 24 square feet in sign face area. Such sign may be located
at each appropriate road junction in the project but not nearer than
1,000 linear feet and not in a direct line of sight or visible from
each sign as erected. A permit for such sign shall be obtained from
the sign agent and a fifty-dollar bond for such sign shall be posted
with the Town Clerk. Upon posting the said fifty-dollar bond a one-year
permit, renewable at the discretion of the sign agent, shall be issued.
H. One ground-type name sign per major entrance of a
subdivision not to exceed 18 square feet per sign face and not to
exceed a height of 10 feet from natural grade.
Public information signs, including service
club, religious, public building, charitable or civic organizations
or hospital signs, shall not exceed six square feet per sign face
area.
The light from any sign or advertising lights
shall be so shaded, shielded or directed or shall be maintained at
a sufficiently low level of intensity and brightness that it shall
not adversely affect neighboring premises nor the safe vision of operators
of vehicles moving on public roads and highways. All lighted signs
and advertising lights shall be so shaded, shielded or directed so
that they shall not reflect or shine on or into residential structures
to an extent that would adversely affect them.
No sign shall be permitted which moves by any
means.
Existing signs are defined as those erected
before the passage of this bylaw or any amendments thereto, and are
classified as one of three categories which are:
A. Conforming signs which comply with all provisions
of this bylaw.
B. Nonconforming signs not meeting the requirements of
this bylaw but not expressly prohibited by this bylaw. Such signs
shall be considered legal and permitted until they are expressly prohibited
by this bylaw. Existing off-premises signs for nonconforming businesses,
while not specifically allowed by this bylaw, may be allowed if approved
by the Sign Code Appeals Committee. If state approval is required,
necessary permits must be obtained. Nonconforming businesses or properties
with signs which conform with the provisions of this code, other than
by zoning classification, may be issued permits for said signs.
C. Illegal signs: existing but prohibited by this bylaw.
Illegal signs shall be removed at the direction of the sign agent.
Off-premises directional signs shall meet the
following requirements:
A. No more than three square feet in area.
B. Placed only by permission of the landowner.
C. Only permitted for nonconforming businesses in remote
residential areas.
D. By permit of the sign agent or, if refused, to be
referred to the proper authority for appeal.
E. Shall contain no more than an arrow and the business
name.
No sign shall be erected or attached to any
vehicle except for signs applied directly to the surface of the vehicle.
The primary use of such vehicle shall be in the operation of the business
and not in advertising or identifying the business premises. The vehicle
shall not be parked in a public right-of-way for the purposes of advertising.
In the discharge of his duties the sign agent
shall have the authority to enter during normal business hours any
building, structure or premises in the Town to enforce the provisions
of this code.
All accessory signs shall be incorporated within
the body of permitted signs:
A. Unless waived by the sign agent, all signs for which
a permit is required shall be subject to the following inspections:
(1) Footing inspection of all freestanding signs;
(2) Electrical inspection of all illuminated signs;
(3) An inspection of braces, anchors, supports and connections
of wall signs;
(4) Site inspection to ensure that the sign has been constructed
according to approved application and valid sign permit.
B. There shall be no fees charged for permits for signs
to be erected by a service club, charitable, civic or religious organization.
C. Non-permit signs.
(1) Signs bearing the name of the occupant of a dwelling;
(2) Real estate signs advertising "For Sale" or "For Rent"
not exceeding six square feet;
(3) Signs prohibiting trespass, hunting and the like,
signs warning of danger such as "High Voltage" and necessary public
utility signs;
(5) Street name signs, public or private, and signs erected
by the Town, County or Commonwealth;
(6) Signs designating historical places or points of interest
erected by governmental authority or by a duly chartered historical
association or the like;
(7) Signs indicating "Entrance," "Exit," "Parking" or
the like erected on a premises for the direction of persons or vehicles;
(8) Quarter boards attached to buildings that other than
commercial or retail establishments;
(9) Signs not exceeding one square foot bearing the words
"For Sale" and the item price or phone number.
D. Accessory and temporary signs requiring permits.
[Amended 5-11-2015 ATM
by Art. 33]
(1) Tag, yard or garage sales, etc., will require a permit from the sign
agent. Only two sign permits per calendar year per residence may be
allowed.
(a)
A maximum of four signs per sale, not to exceed four square
feet per sign, erected on their own post will be allowed.
(b)
Signs may be placed in the Town layout provided that the sign
does not obstruct the sight lines for motor vehicles, pedestrian access,
and roadside maintenance.
(c)
Permits are not to be issued more than seven days prior to the
sale and signs shall be removed within 48 hours of the sale.
(d)
A bond of $25 must be posted before a permit is issued. Said
bond will be returned if all signs are removed within 48 hours of
the sale.
(2) Temporary signs, banners and posters, except posters intended for
window display, will require a permit from the sign agent.
(a)
A maximum of four signs per event, not to exceed four square
feet per sign, erected on their own posts will be allowed.
(b)
Signs may be placed in the Town layout provided that the sign
does not obstruct the sight lines for motor vehicles, pedestrian access,
and roadside maintenance.
(c)
Permits for these signs are not to be issued more than seven
days prior to the scheduled event and signs are to be removed within
48 hours after the event.
(d)
A bond of $25 must be posted before a permit is issued. Said
bond will be returned if all signs are removed within 48 hours of
the sale.
(e)
Signs promoting the election of a political candidate are exempt
from these requirements.
Any vendor or lessor who sells or leases any
real property which includes a nonconforming sign has a duty to disclose
to his vendee or lessee the time remaining in the amortization or
transition period applicable to the sign in question.
Signs erected by the municipal, county or federal
government as may be deemed necessary for their respective functions
are exempt from the provisions of this bylaw but are expected to conform
to the intent of this bylaw.
Whoever violates any provision of this bylaw
shall be punished by a fine not exceeding $100 for each offense. Each
day that such a violation continues to exist shall constitute a separate
offense. The imposition of a penalty shall not excuse violations and
shall not be held to prevent the enforced removal of prohibited conditions
where they continue to exist as a violation of this bylaw.
[Amended 6-12-2021 ATM by Art. 55]
Administration and enforcement of this bylaw
shall be the authority of the Select Board or their legally appointed
representative. Every section of this bylaw and every subdivision
or separate part thereof shall be considered as a separate regulation
to the extent that if any such section, subdivision or separate part
thereof shall be declared ineffective, invalid or unconstitutional
it shall not affect the remaining parts of this bylaw.
The following signs may be erected:
A. One single- or double-faced sign per dwelling unit
which may be erected from the ground or suspended from a post or attached
to the building face not to exceed six square feet per sign face.
B. One single- or double-faced sign per property advertising
an allowed business use which shall not exceed six square feet per
face.
C. Properties containing multiple commercial uses may
erect one single- or double-faced sign per property, advertising the
allowed commercial uses, which shall not exceed eight square feet
per sign face nor a height of six feet from the natural grade. In
addition, each allowed commercial use may erect one wall sign which
shall not exceed one square foot.
D. One wall or ground sign, single- or double-faced,
not exceeding 18 square feet per sign face area, on the premises of
a church, library, school or other public building, providing information
as to the schedule of use or occupancy. In addition, wall or ground
signs not exceeding one square foot of sign face area may be used
for a driveway entrance, exit, or for warning purposes.
E. Sale or rent, single-faced signs, erected only on
the property to be sold or rented, but not placed on trees or rocks
and not exceeding six square feet of sign face area, and which shall
be removed within 48 hours of sale or termination of sale or rental
contract.
F. Builders, architects, developers and engineers shall
be permitted one temporary, single-faced group sign per multiple-
or single-unit construction site which shall not exceed six square
feet of sign face area. These signs shall be removed within 48 hours
of issuance of a certificate of occupancy.
G. Real estate developers concerned with long-range property
development sale shall be restricted to one sign, single- or double-faced,
not to exceed six square feet in sign face area, such may be located
at each appropriate road junction in the project but not nearer than
1,000 linear feet, and not in a direct line of sight or visible from
each sign as erected. A permit for such sign shall be obtained from
the sign agent and a fifty-dollar bond and a one-year permit, renewable
at the discretion of the sign agent, shall be issued.
H. One ground-type name sign per major entrance of a
subdivision, not to exceed six square feet per sign face and not to
exceed a height of 10 feet from the natural grade.