[Amended 5-3-1978 ATM by Art. 31; 5-2-1989
STM by Art. 6; 5-5-1997 ATM by Art. 25]
For the purpose of this By-Law, the following
words and terms used herein are hereby defined or the meaning thereof
is explained or limited:
The Board of Appeals established or operating in the Town
of Marblehead under the Zoning Enabling Act, or any amendment thereof,
or addition thereto.[1]
The Building Commissioner appointed under the provisions
of the Building By-Law of the Town of Marblehead as now or hereafter
in force and effect.[2]
Any area included within a district zoned primarily for business
or commercial purposes, including the Business 1 (B-1), Business Residential
(B-R), Business (B) or Unrestricted District, under the Zoning By-Law.
It does not include any area within a district zoned for residential
purposes under said Zoning By-Law, as hereinafter defined, regardless
of whether the area is being lawfully used or is available for such
use through a special permit or a variance granted by the Board of
Appeals or through a nonconforming use or by any other means.
[Amended 5-6-2013 ATM
by Art. 33]
Any billboard, sign or other advertising device which conforms
to all provisions of this By-Law.
The Design Review Board is a Town board appointed in accordance with § 200-45B and whose responsibility is, in addition to other duties, to review all signs, sign applications in the Business 1 (B-1) Zoning District.
[Added 5-6-2013 ATM by
Art. 33]
The word "erected" shall include the words attached, built,
constructed, reconstructed, altered, enlarged, replaced and moved.
[Amended 5-6-2013 ATM
by Art. 33]
Existing signs are defined as those erected before the passage
of this By-Law, and are classified into one of two categories, which
are:
[Amended 5-5-1997 ATM by Art. 25; 5-6-2013 ATM by Art. 33]
Conforming signs, which comply with all provisions of this By-Law.
Nonconforming signs, not meeting the requirements of this By-Law,
but not expressly prohibited by this By-Law. Such signs shall be considered
legal, and permit [permitted] until they are expressly prohibited
by subsequent amendment to this By-Law.
A use of a building or lot that does not conform to the various
regulations of the Marblehead Zoning By-Law; in most cases, a business
established in a residential district before that area was zoned for
residential use.
See Subsection B of "existing signs" above. A sign which
does not meet the requirements of this By-Law.
A public parking area or a private parking area that is open
to parking of motor vehicles by customers of the store.
The word "person" shall include one or more individuals,
a partnership, an association and a corporation and any other nongovernmental
public or private entity.
[Amended 5-6-2013 ATM
by Art. 33]
A residential area is any area situated within a district
zoned primarily for residential purposes under the Zoning By-Law.
It includes: Expanded Single Residence, Shoreline Expanded Single
Residence, Shoreline Single Residence, Single Residence, General Residence,
Shoreline General Residence, Central Residence Shoreline Central Residence.
[Amended 5-6-2013 ATM
by Art. 33]
The word "sign" shall include any letter, word, symbol, drawing,
picture, design or device within public view that advertises, calls
attention to, or indicates any premises, person or activity, whatever
the nature of the material or manner of composition or construction,
and whether exterior to a building or interior to a building and located
to be visible through a door or window.
[Amended 5-6-2013 ATM
by Art. 33]
AWNING SIGNAny sign that is part of or attached to an awning, canopy or other fabric, or structural protecting cover over a door, entrance, window, storefront, or outdoor service area. A marquee shall not be considered an awning.
BANNERSA sign of lightweight fabric or similar material that is mounted parallel to a building at two or more edges.
[Amended 5-6-2013 ATM
by Art. 33]
DIRECTORY SIGNA directory of the occupant or tenant of a building affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one square foot for each occupant or tenant of the building.
[Added 5-6-2013 ATM by
Art. 33]
FLAGSA sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one edge. Decorative residential flags, national, state and municipal flags, official flag of any institution or business shall not be regulated by this article.
[Added 5-6-2013 ATM by
Art. 33]
FREESTANDING SIGNSThe term "freestanding sign" shall include any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building. All permanent freestanding signs are required to obtain a special permit from the Board of Appeals [see § 148-7, Business Areas, Subsection A(1)(f)].
HISTORICAL SIGNSSigns placed on a building indicating any verified historic date, event, person associated with the building, place or property.
[Added 5-6-2013 ATM by
Art. 33]
INCIDENTAL SIGNA sign, generally informational, that has a purpose secondary to the use of the lot, building or business which it is located, including but not limited to "no parking," "entrance," "loading only," "telephone," "store hours," "accepted credit cards" and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.
OFF-PREMISES SIGNAGELimited to billboards, signs or other advertising devices not located on the premises of the business advertised.
PROJECTING SIGNSAny sign of rigid nonflexible material affixed to a building or wall that extends more than 12 inches beyond the surface of the building or wall. A projecting sign is perpendicular to a wall and may have a message on more than one face. Only one side of a projecting sign shall be counted in computing the total square footage of the sign.
[Amended 5-6-2013 ATM
by Art. 33]
REAL ESTATE SIGNSTemporary signs installed by owners of a property or their agents that indicate an intent to sell or lease the property on which the sign is located.
[Added 5-6-2013 ATM by
Art. 33]
TEMPORARY SIGNSAny sign, except for a window sign, that is used for a period of not more than 30 days and is not permanently mounted.
TRADESMAN SIGNTemporary signs which are permitted during the construction of a building or project that may be erected on the premises identifying the building, the owner, the contractors, the architects or the engineers.
[Added 5-6-2013 ATM by
Art. 33]
TRANSOM SIGNAny sign, affixed or painted, located on the storefront above the door and/or display window. Transom signs are directly associated with the storefront and are an integral part of the storefront design.
WALL-MOUNTED SIGNSAny sign parallel and attached to a wall, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WINDOW SIGNSAny sign, picture, symbol or combination thereof, designed to conceal or communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the interior face of window panes or glass, and is visible from the exterior of the window.
[Amended 5-6-2013 ATM
by Art. 33]
In applying the maximum height and width limitations prescribed
in this By-Law for signs, any intermediary removable surface to which
a sign is affixed shall be deemed to be a part of the sign.
Permission granted by the Board of Appeals which in any way
varies specific requirements of this By-Law.
A "store" shall include any establishment, office or place
of business.
Generally the glazed area of the store designed for the display
of the contents, services of the store. Where a building is located
on a corner, the store may have more than one storefront. The total
amount of the store frontage is the accumulated length of all the
storefronts.
Any public way or a private way that is legally open to public
use.
The Zoning By-Law of the Town of Marblehead as from time
to time in force and effect.[3]
