[Amended 5-6-2013 ATM by Art. 33]
Pursuant to the authority conferred upon the Town by General Laws, Chapter 93, Section 29, and Chapter 143, Section 3, and all acts in amendment thereof and in addition thereto, and by every other law or power it hereto in any manner enabling the Town of Marblehead adopts this By-Law, which shall be known as the Sign By-Law, for the regulation and restriction of all billboards, signs and other advertising devices within the Town, including illuminated signs and illuminated advertising devices whether or not under the cover of a roof, temporary or permanent, and whether or not inside or outside an exterior wall. Signs not visible from the public rights-of-way are not governed by this By-Law. Public signs erected, owned and maintained by any local state or federal governmental agency or organization are not subject to the rules and regulations of this By-Law.
A. 
General. No sign shall be erected, altered or relocated without a permit issued by the Building Commissioner.
[Amended 5-2-1989 STM by Art. 6]
B. 
Signs in Business 1 Zoning District. Each application with respect to a sign within a B-1 District must be reviewed by the Design Review Board.
[Added 5-6-2013 ATM by Art. 33[1]]
[1]
Editor’s Note: This By-Law also provided for the redesignation of Subsections B through E and Subsection C through F and for the relocation of Former Subsection E (now F) to § 148-5.
C. 
Signs in historic districts. Each application with respect to a sign within an historic district must be accompanied by a certificate of appropriateness from the Historic Districts Commission, unless such sign is exempt from the requirement of such a certificate under Section 6 of Massachusetts General Laws 1960:345.[2]
[2]
Editor's Note: See MGL c. 40C, § 6.
D. 
Applications. The applicant must provide the name and address of the sign owner, the proposed location, a scale drawing of the sign, and a sketch including an indication of the colors used, which shows the design, dimensions and position of the sign, and such other pertinent information as the Building Commissioner may require to insure compliance with this By-Law and any other applicable law. A permit shall be issued only if a sign conforms to the provisions of this By-Law, and all other applicable laws, and may be issued as hereinafter provided.
[Amended 5-2-1989 STM by Art. 6]
E. 
Inspection. Any sign may be inspected periodically by the Building Commissioner for compliance with this By-Law and other requirements of law.
[Amended 5-2-1989 STM by Art. 6]
F. 
(Reserved)
G. 
Removal for violation. The Building Commissioner shall order the removal of any sign erected or maintained in violation of this chapter. Thirty days' notice in writing shall be given to the owner of such sign or to the owner of the building, structure, or premises on which such sign is located to remove the sign or to bring into compliance with this chapter. Failing said removal, the Building Commissioner shall impose the penalty set forth in § 148-3 hereof.
[Added 5-6-2013 ATM by Art. 33]
Whoever violates any provision of this By-Law shall be punished by a fine not exceeding $100 for each offense. Each day that such a violation is permitted to exist shall constitute a separate offense. The imposition of a penalty shall not excuse the violation and shall not be held to prevent the enforced removal of prohibited conditions where they continue to exist as a violation of this By-Law.
The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision hereof.