[HISTORY: Adopted by the City Council of
the City of Fitchburg 7-18-1967. Amendments noted where applicable.]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any sign erected, constructed or maintained for purposes
of displaying outdoor advertising by means of poster, pictures, pictorial
or reading matter when such sign is supported by uprights or braces
placed upon the ground and not attached to any part of any building,
other than a real estate sign as hereinafter defined.
The Inspector of Buildings of the City.
Any sign affixed to any hood or canopy over the entrance
to places of public assemblage, extending wholly or in part across
the sidewalk and supported from the building.
Awnings which cannot be raised or lowered and which are affixed
to any building as protection against the sun, rain or snow, extending
wholly or in part across a sidewalk or a public way and supported
from the building.
A letter, word, model, sign, device or representation used
in the nature of an advertisement, announcement or direction, extending
over the sidewalk beyond the building line. Projecting illuminated
or nonilluminated signs shall be divided into two classes:
A sign erected, constructed or maintained for the purpose
of displaying outdoor advertising, supported by uprights or braces
placed upon the ground, whether or not attached to any part of any
building, not exceeding 36 square feet in area, advertising real estate
for sale or for rent.
Any sign erected, constructed or maintained upon the roof
of any building.
Unless a more limited meaning is manifestly intended, every
type and kind of sign as herein defined.
Any painted sign or poster on any surface or plane that may
be affixed to the front, rear or side wall of any building.
No person shall erect, alter or maintain on
public ways or on private property within public view of any highway,
public park or reservation a sign except in accordance with the provisions
of this chapter and the zoning ordinances and building codes of the
City.
Prior to the erection, alteration and maintenance
of any sign, the person desiring to alter, erect or maintain the same
shall apply to the Inspector of Buildings for a permit therefor, and
no sign shall be erected or altered until such permit has been issued.
[Amended 12-17-2019 by Ord. No. 288-2019]
Permits for the erection and alteration of signs will be issued
by the Inspector of Buildings in compliance with the provisions of
this chapter, zoning regulations and the building codes of the City,
except for signs regulated by MGL c. 93, §§ 29 through
32, inclusive. To alter the content of a billboard, the alteration
shall be referred to the Planning Board for review.
[Amended 6-6-2017 by Ord.
No. 151-2017]
A.
Billboards and outdoor advertising signs and devices.
No person, firm, association or corporation shall erect, display or
maintain a billboard, sign or other advertising device, except those
exempt by MGL c. 93, §§ 29 through 32:
(1)
Within 50 feet of any public way.
(2)
Within 300 feet of any public park, playground or
other public grounds if within view of any portion of the same.
(3)
Nearer than 50 feet to any other such billboard, sign
or other advertising device unless such billboards, signs or other
advertising devices are placed back to back.
(4)
On any location at the corner of public ways and within
a radius of 150 feet from the point where the center lines of such
ways intersect.
(5)
Nearer than 100 feet to any public way, if within
view of any portion of the same, if such billboard, sign or other
advertising device shall exceed a length of eight feet or a height
of four feet.
(6)
Nearer than 300 feet to any public way, if within
view of any portion of the same, if such billboard, sign or other
advertising device shall exceed a length of 25 feet or a height of
12 feet.
B.
Signs and marquees.
(1)
Prior to the erection or alteration of any sign, advertising
device, clock, marquee, permanent awning or other like structure projecting
into or placed on or over a public way more than 12 inches, the person
desiring to erect or alter the same shall apply to the Inspector of
Buildings for a permit, and no such structure shall be erected or
altered until such permit has been issued. The application for such
permit shall be filed with the Inspector of Buildings, showing the
plans, specifications, dimensions, materials and details of construction
of such structure, and shall be submitted to the Council by the Inspector
with a statement that such sign meets all other requirements. Every
application shall be accompanied by a bond at least in the sum of
$4,000 for an individual and $10,000 for more than one person, in
such form and with such insurance or surety company as may be approved
by the commonwealth, saving and keeping harmless the City from all
claims, damages, liabilities, losses and judgments which may be instituted
or recovered against such City by reason of the erection, alteration,
maintenance or repair of such structure.
(2)
Every sign, advertising device, clock, marquee, permanent
awning or other like structure projecting into or placed on or over
a public way shall conform to the following rules and regulations:
(a)
No such structure shall be erected or altered
in such a manner as to obstruct or prevent free ingress or egress
to or from any window, door or fire escape.
(b)
All illuminated signs shall be erected wholly
of metal or other nonflammable materials and shall have a metal frame.
(c)
No such structure shall extend within one foot
of the curbline, nor shall its total projection exceed 10 feet, and
no projecting structure shall be at its lowest point less than 10
feet above any walk or less than 15 feet above any driveway.
(d)
All projecting signs and advertising devices
of greater area than 16 square feet shall be of metal, and all projecting
signs and advertising devices of greater area than 64 square feet
shall be of open wire work, with metallic form and letters of illustration.
(e)
All projecting signs and advertising devices
shall be constructed and braced to withstand a horizontal wind pressure
of not less than 30 pounds per square foot of surface exposed.
(f)
No wall sign shall extend more than 12 inches
over a public way or, at any point where it extends over such public
way, be less than 10 feet above such way. The length of any wall sign
shall not exceed 30 feet and the area may not exceed 90 square feet.
[Amended 7-31-1973 by Ord. No. 402-73]
(g)
All such structures shall be stoutly constructed
and built and maintained in a safe, secure and substantial manner,
and shall be constructed and, when attached to a building, shall be
connected therewith in accordance with the requirements of the Inspector
of Buildings.
Nothing in this chapter shall be construed to
relieve the owner of the sign from the duty of safely maintaining
the same.
All signs hereafter constructed shall be plainly
marked with the name and address of the person owning and maintaining
such sign.
In case any sign shall be constructed, erected,
altered or maintained in violation of any of the terms of this chapter,
the Zoning Ordinance and the building codes or shall become unsafe,
insecure or in danger of falling, in the opinion of the Building Inspector,
the Inspector shall forthwith notify the person owning or maintaining
such sign, by registered mail or personal service, to alter same so
as to comply with the terms of this chapter, Zoning Ordinance and
building codes or to make the same safe or remove same. If such notice
as may be given by the Inspector of Buildings is not complied with
within the time set forth therein, such Inspector may remove, alter
or make safe such sign as may be necessary, at the expense of the
person owning or maintaining the sign.
[Amended 12-17-2019 by Ord. No. 289-2019]
Any person placing or maintaining any such structure contrary
to the provisions of this chapter or of the zoning ordinances and
building codes of the City shall be punishable by a fine not exceeding
$300 for each day during which such structure is placed or maintained
contrary to such provisions after five days' notice to remove
the same has been given by the City Council or by a public officer
acting by the Chief of Police. Upon violation of this chapter or other
provisions regulating signs in the City, the City Council may revoke
any permit granted hereunder. (See MGL c. 85, § 8.)
