For the purpose of this article, the following
words and terms used herein are hereby defined or the meanings thereof
are explained or limited as follows:
ACCESSORY SIGN
Any billboard, sign or other advertising device that advertises,
calls attention to or indicates the person or persons occupying the
premises, as defined herein, on which the sign is erected or the business
transacted thereon or advertises the property itself or any part thereof
as "for sale" or "to let," even though it contains no other advertising
matter.
AWNING
Any structure made of cloth or other flexible material with
a frame attached to a building and projecting over a sidewalk, or
a sidewalk portion of a way, without supports on the ground.
BOARD OF APPEALS
The Board of Appeals established or operating in the Town
of Wakefield under MGL c. 40A, as amended.
BUILDING INSPECTOR
The Building Inspector appointed under the provisions of
the Building Bylaw of the Town of Wakefield as now or hereafter in
force and effect.
BUILDING SIGN
A sign attached to a building in a business district which
identifies the building as a whole or its predominant use.
BUSINESS DISTRICT
The area within the Town zoned for business, limited business,
neighborhood business, limited industrial and industrial uses under
this chapter.
CANOPY or MARQUEE
Any structure, other than an awning, on frames attached to
a building, projecting over a sidewalk, or a sidewalk portion of the
way, and carried by a frame, whether or not supported by the ground
or sidewalk.
ERECTED
Shall include the words "attached," "built," "constructed,"
"altered," "enlarged" and "moved."
FREESTANDING SIGN
Shall include any exterior sign erected on or affixed to
the land and not attached to a building.
NONACCESSORY SIGN
Any billboard, sign or other advertising device that does
not come within the foregoing definition of an "accessory sign."
OCCUPANCY SIGN
A sign attached to a building identifying the occupancy within
a specific portion of the building.
PARKING AREA
A public parking area or a private parking area that is open
to parking of motor vehicles for business activities.
PERSON
Includes an individual, two or more individuals having a
joint common interest, partnership, association, corporation, governmental
agency, business trust, estate or any other legal entity.
PREMISES
A lot with separate frontage as shown on the Assessors' map
or on a subdivision plan.
RESIDENTIAL DISTRICT
Any area situated within a district zoned for residential
purposes under this chapter. It includes Special Single Residence
Districts, Single Residence Districts, General Residence Districts
and Multiple Residence Districts.
SIGN
Includes any letter, word, symbol, drawing, picture, design,
device, article and/or object that advertises, calls attention to
or indicates any premises, person or activity, whatever the nature
of the material and manner of composition or construction.
SIGN, AREA OF
A.
The area of a sign shall be considered to include
all lettering, wording and accompanying designs and symbols, together
with the background on which they are displayed, any frame around
the sign and any cutouts or extensions, but shall not include any
supporting structure or bracing.
B.
The area of a sign consisting of individual
letters or symbols attached to or painted on a surface, building,
wall or window shall be considered to be that of the smallest quadrangle
or a triangle which encompasses all of the letters and symbols.
C.
The area of a sign consisting of a three-dimensional
object shall be considered to be the area of the largest vertical
cross section of that object.
D.
In computing the area of signs, only one side
of back-to-back signs shall be included.
STORE
Includes any establishment, office or place of business.
STREET
A public way or a private way.
ZONING BYLAW
The Zoning Bylaw of the Town of Wakefield as from time to
time in force and effect.
No person shall erect, display or maintain a
billboard, sign or other advertising device (nonaccessory sign) within
the Town of Wakefield, except those specifically exempt under state
law or as otherwise provided for hereinafter.
A. Residential districts. No accessory sign shall be
erected or maintained in any residential district except as hereinafter
expressly provided:
(1) For each residential building housing not more than
two families, there may be one such sign for each residence. Such
sign shall not exceed one square foot.
(2) For each residential building housing more than two
families or, in the case of a group of such buildings forming a single
housing establishment, with each such establishment there may be one
primary sign which shall not exceed three square feet and one secondary
sign for each separate building in a group of such buildings which
shall not exceed one square foot.
(3) During construction there may be one temporary, unlighted
sign on each lot advertising the sale or rental of the premises or
the name and address of the contractor responsible for any construction,
painting or repair, provided that such sign shall not exceed nine
square feet in area and shall be removed within 14 days after such
sale, rental or construction, painting or repair has been completed.
(4) There may be one temporary unlighted sign on each
lot advertising rental or sale of the premises, provided that such
sign shall not exceed nine square feet in area and shall be removed
within 30 days after the rental or sale of the premises.
(5) There may be an accessory sign or signs on the premises
of any building constructed, erected, altered, enlarged, extended
or reconstructed which is used for the purpose of any permitted nonconforming
or nonresidential use, the number and type in each case to be subject
to the approval of the Board of Appeals. Window signs comprising posters,
placards or signs painted on or otherwise displayed on windows and
visible from the street shall not exceed 10% of the individual window
area or 5% of the glass area of any exit door.
(6) No nonaccessory signs shall be erected or maintained
in a residential district.
(7) Churches, schools or public uses shall not be subject
to the limitations of this section.
(8) A permitted home occupation shall be allowed a single
identifying sign not exceeding two square feet in area.
(9) Temporary signs shall be permitted as described in Subsection
G below.
B. Business districts. In business districts, only those
signs may be erected or maintained which are permitted in residential
districts as provided above or which comply with the following provisions:
(1) Accessory signs. Signs whose subject matter relates
exclusively to the premises on which they are located or to products,
accommodations or activities on those premises (accessory signs) shall
be allowed.
(2) Number and type of signs.
(a)
Each building may have one building sign oriented
to each street on which the premises have frontage identifying the
building as a whole or its predominate use.
(b)
In addition, there may be one occupancy sign
and one pedestrian sign oriented to each street or parking area on
which the premises have frontage relating to each occupancy within
the building.
(c)
Freestanding signs are allowed in business and
industrial districts. Each lot may have one sign 30 square feet in
area and no more than six feet in height and which must be set back
no less than eight feet from the edge of the right-of-way. If the
building on a lot is more than 100 feet or greater from the edge of
the right-of-way line, then a freestanding sign of no more than 50
square feet in area or 10 feet in any linear dimension or 20 feet
from the ground is allowed. The sign must be set back no less than
eight feet from the edge of the right-of-way line. Freestanding signs
shall be erected within a landscaped island designed to protect the
signs from damage by vehicles.
C. Other signs. The following are allowed in addition
to signs as limited above:
(1) Names of buildings, date of erection, monumental citations
and commemorative tablets up to 10 square feet in area, when made
a permanent and integral part of the building.
(2) Building directories. In a business or industrial
zone each lot is allowed one freestanding directory sign. The area
shall be no greater than one square foot per occupant or tenant. Such
sign may be white lighted indirectly. The height from the base on
the ground to the highest part should not exceed six feet. No part
of the sign structure shall be set back less than 100 feet from the
edge of the right-of-way on which the industrial or business building
is situated.
(3) Traffic control and guidance signs in conformance
with public traffic sign standards but located on private property
and orientational signs up to two square feet in area displayed for
purposes of direction or convenience, including signs identifying
rest rooms, freight entrances and the like.
D. Location of signs.
(1) No sign shall project over a public right-of-way or
come within three feet of the curbline. A sign on a marquee or canopy
providing shelter may project over a sidewalk but may not come within
three feet of the curbline on a private right-of-way. A sign attached
to a building, built flush with the front property line, may extend
into the public right-of-way by an amount equal to the width of the
sign but not more than 12 inches.
(2) No sign shall extend more than three feet above the
roofplate line of the wall to which it is attached nor above the third
floor of a multistory building. No roof signs are allowed.
(3) The top of pedestrian signs shall be no higher than
10 feet above the sidewalk.
(4) Occupancy signs for other than first floor occupants,
if any, shall be located between the second and third floors.
(5) Any sign attached to a building shall meet the setback
requirements for that building. Any other sign shall be set back from
any lot line a distance equal to its height, but not less than eight
feet.
E. Size of signs.
(1) Individual sign sizes. The total sign area allowed, as calculated in accordance with the provisions of Subsection
E(2) below, may be distributed among the various signs on the premises. However, individual signs shall not exceed the following maximum sizes:
(a)
Building signs and occupancy signs shall not
exceed 50 square feet in area, shall not be more than three feet overall
in height and shall not extend more than three-fourths (3/4) of the
width of the wall.
(b)
Pedestrian signs shall not exceed five square
feet in area.
(c)
Freestanding signs shall not exceed 50 square
feet in area or 10 feet in any linear dimension or 20 feet in height.
(2) Total area of signage permitted per lot, not to exceed the maximum sizes stated in Subsection
E(1).
(a)
If a building on a lot is to be located 100
feet or less from the edge of the right-of-way, then the total area
of all signs on the exterior of the building, including freestanding
signs, shall not exceed one and one-half (1 1/2) square feet
times the total street frontage on the rights-of-way.
(b)
If a building on a lot is more than 100 feet
from the edge of the right-of-way, then the total area of all signs
on the exterior of the building, including freestanding signs, shall
not exceed two square feet times the total street frontage on the
rights-of-way.
(3) Permanent window signs. Permanent signs on the surface
of or inside display windows shall cover no more than 10% of the display
window area.
F. Illumination.
(1) Signs shall be illuminated only by steady, stationary,
shielded light sources directed solely at the sign or internal to
it, without causing glare for motorists, pedestrians or neighboring
premises.
(2) Illuminated signs, including neon signs, shall not
produce more than one footcandle of illumination four feet from the
sign.
(3) Signs shall not be illuminated between the hours of
11:00 p.m. and 7:00 a.m. unless related to an establishment operating
between those hours.
(4) All permanent outdoor lights, such as those used for
area lighting or building floodlighting, shall be steady, stationary,
shielded sources directed so as to avoid causing glare for motorists,
pedestrians or neighboring premises. The marginal increase in light,
as measured at any property line other than a street line, shall not
exceed one footcandle.
G. Temporary signs (all districts). The following temporary
signs are allowed without a permit:
(1) Construction signs identifying parties involved in
construction on the premises. These signs shall be set back a minimum
of eight feet from any lot line and shall be removed after completion
of construction.
(a)
Residential (one- and two-family homes): one
unlighted sign of up to nine square feet.
(b)
Business and multiple residence districts: one
illuminated sign of up to 25 square feet.
(c)
Subdivision sign. One unlighted sign of up to
25 square feet identifying a residential or nonresidential subdivision
may be erected and displayed for a period of up to two years or until
all lots are sold, whichever comes first.
(2) Real estate signs: one unlighted sign of up to nine
square feet pertaining to the sale, rental or lease of the premises
on which the sign is displayed, to be removed within 14 days after
sale, rental or lease.
(3) Display window signs: signs on the surface of or inside
display windows, lighted only by building illumination and covering
no more than 20% of the display area (business districts only).
(4) Political signs: freestanding unlighted sign of six
square feet or less. Such sign shall be put up no earlier than 30
days prior to the election and shall be removed no later than 10 days
after the election. Political signs shall be set back a minimum of
eight feet from any lot line and shall not be attached to trees or
utility poles but shall have their own self-supporting frame and means
of being affixed to the land.
H. Event signs. Banners and posters (except posters intended
for window display) covering social, seasonal, holiday and religious
events, including garage sales, shall be referred to the Town Council
for approval and issuance of a temporary permit. Temporary signs and
banners must be firmly attached to a supporting device and present
no undue hazard to the public. The time allowed this type of advertising
shall not exceed 30 days.
[Amended 11-5-2018 RTM
by Art. 17]
The invalidity of any part or provision of this
article or of the application thereof to any particular subject matter
shall not invalidate any other part or provision hereof or affect
the application hereof to any other subject matter.