[Added 5-4-1992 ATM by Art. 38; amended 5-4-1992 ATM by Art.
39]
A.
It is the intent and purpose of this article to provide
for the manner in which signs, billboards and other advertising devices
shall be constructed, altered and displayed in the Town of Wakefield.
B.
Within the context of the above general intent and
purpose, additional purposes of this article are as follows:
(1)
To restrict private signs which overload the public's
capacity to receive information, which violate privacy or which increase
the probability of accidents by distracting attention or obstructing
vision.
(2)
To encourage signing and other private communications
which aid orientation, identify activities, express local history
and character or serve other educational purposes.
(3)
To reduce conflict among private signs and between
the private and public environmental information systems.
A.
General applicability. All new or reconstructed or
renovated signs shall conform to the provisions of this article, except
as specifically exempted from Town bylaws by the Massachusetts General
Laws, as amended.
B.
Nonconforming signs.
(1)
A nonconforming sign is any sign which does not conform
to the regulations of this article. Any nonconforming sign legally
erected prior to the adoption of this article or any amendment hereto
may be continued to be used and maintained but shall not be enlarged,
reduced, redesigned or altered in any way unless it conforms to the
provisions contained herein. Rewording of a sign is allowed except
when there is a change of use. Any sign which has been destroyed or
damaged to the extent that the cost of repair or restoration will
exceed 80% of the replacement value as of the date of destruction
shall not be repaired, rebuilt, restored or changed unless in conformity
with this article.
(2)
The exemption herein granted shall not apply to any
sign which has been abandoned (not used for six months or more) or
which shall not have been repaired or properly maintained within 60
days after notice to that effect has been given by the Building Inspector.
C.
Signs under construction. Any sign, the erection of
which has been lawfully begun and carried on in good faith before
this article becomes operative, may be completed according to laws
and regulations then in force but shall conform hereto as far as practicable
without hardship. If such sign does not conform to the provisions
of this article it shall be classified as a nonconforming sign.
D.
Removal of certain signs.
(1)
The owner of a discontinued or abandoned sign of the kind specified in Subsection D(1)(a) or (b) below or the owner of the premises shall remove said sign, together with any separate supporting structure, within 60 days after written notification from the Building Inspector:
(a)
A sign accessory to a nonconforming use when
the nonconforming use has been abandoned.
(b)
A sign erected after adoption of this article
which, because of a change in the type of occupancy or because of
nonuse of the premises for six successive months, ceases to refer
to a business conducted or product sold on the premises, unless such
a sign has been altered so as to again be accessory to the premises.
(2)
The Building Inspector may cause to be removed any
sign that endangers public safety.
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:
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.
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.
The Board of Appeals established or operating in the Town
of Wakefield under MGL c. 40A, as amended.
The Building Inspector appointed under the provisions of
the Building Bylaw of the Town of Wakefield as now or hereafter in
force and effect.[1]
A sign attached to a building in a business district which
identifies the building as a whole or its predominant use.
The area within the Town zoned for business, limited business,
neighborhood business, limited industrial and industrial uses under
this chapter.
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.
Shall include the words "attached," "built," "constructed,"
"altered," "enlarged" and "moved."
Shall include any exterior sign erected on or affixed to
the land and not attached to a building.
Any billboard, sign or other advertising device that does
not come within the foregoing definition of an "accessory sign."
A sign attached to a building identifying the occupancy within
a specific portion of the building.
A public parking area or a private parking area that is open
to parking of motor vehicles for business activities.
An occupancy sign at pedestrian eye level.
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.
A lot with separate frontage as shown on the Assessors' map
or on a subdivision plan.
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.
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.
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.
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.
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.
In computing the area of signs, only one side
of back-to-back signs shall be included.
Includes any establishment, office or place of business.
A public way or a private way.
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.
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]
A.
No sign or light shall move, flash or make noise.
This shall include commercial balloon devices and high-powered searchlights.
(Indicators of time or temperature may move.)
B.
Colored lights and illuminated signs employing colors
in use in traffic signal lights are prohibited within view of any
signalized intersection.
C.
Any imitation of official traffic signs or signals
and the use of such words as "stop," "look," "danger," "go slow,"
"caution" or "warning" are prohibited.
D.
No red or green lights or any lighting effect utilizing
such colors shall be used on any sign if, in the opinion of the Chief
of Police, such light or lighting would create a hazard to the operation
of motor vehicles.
E.
Portable signs with or without replaceable letters
which may be moved from one location to another shall be prohibited.
F.
Signs on unregistered vehicles which are visible from
nearby public rights-of-way (except for temporary "for sale" signs)
shall be prohibited.
A.
Wall signs. No sign shall be painted or posted directly
on the exterior surface of any wall. All signs must be painted, posted
or otherwise securely affixed to a substantial intermediary removable
surface which shall be securely affixed to the wall of the building.
The foregoing, however, shall not prevent the installation of a sign
by individual letters or devices cut into, or securely affixed to,
the exterior wall of a building. The material of the sign and intermediary
surface and the manner in which they are affixed to their respective
surfaces or walls shall be subject to the approval of the Building
Inspector.
B.
Maintenance. All signs, including temporary signs,
shall be securely erected or affixed and shall be kept safe, neat
and clean and in good and safe repair and operating condition, to
the reasonable satisfaction of the Building Inspector.
C.
Illuminated signs. Illuminated signs shall be constructed
of noncombustible materials, except that facings, letters, figures,
decorations and structural trim may be made of approved combustible
plastics as defined in accordance with American Society for Testing
and Materials standard methods.
A.
Required permits. A permit from the Building Inspector
is required before sign erection, alteration or enlargement, except
for ordinary maintenance, and if necessary a permit from the Electrical
Inspector and/or approval of the Chief of Police is required before
sign erection.
C.
Application for permit. The owner or lessee of the
premises on which a sign is to be erected shall file the following
with the Building Inspector:
(1)
An application in duplicate for a permit on appropriate
forms furnished by the Building Inspector. The written consent of
the owner of the premises concerned, or of his authorized agent, shall
be required.
(2)
Full name, residence and business address of the owner
of the property, of the lessee, if any, and of any authorized agent
to whom notices may be sent.
(3)
Location, position and dimensions of sign.
(4)
Such plans, structural drawings and specifications
as the Inspector may require for temporary examination and permanent
record.
D.
Powers of Building Inspector and other inspectors.
(1)
Issuance of permit. The Building Inspector shall,
within 21 days, approve or reject any applications for a sign filed
with him in accordance with all requirements of this article and all
other applicable laws, bylaws and regulations.
(2)
Electrical inspections. Electrical permits are required
for any sign which is to be illuminated. The permit must be issued
simultaneously with the building permit. The sign and the sign's power
supply shall conform to the National Electrical Code.
E.
Violations and penalties; noncriminal disposition.
Any alleged violation of the provisions of this article may, in the
sole discretion of the Building Inspector or his designee, be made
the subject matter of the proceedings initiated by the Building Inspector
pursuant to the provisions of MGL c. 40, § 21D, that is
noncriminal disposition. If the Building Inspector so elects to proceed
under MGL c. 40, § 21D, all the terms and provisions of
such chapter and section shall thereafter govern said action.
F.
Appeals. Appeals from administrative decisions may
be made to the Board of Appeals in accordance with the same procedures
used by the Board of Appeals for zoning appeals and/or Building Code
appeals, depending upon the type of appeal being made.
G.
The Board of Appeals, by vote of at least four members,
after due notice and public hearing, upon a written petition addressed
to the Board, may vary the application of this article, without, however,
making any change in its provisions or departing from its substantial
intent or purpose, in specific cases wherein its strict enforcement
would involve substantial hardship and shall vary it so far as necessary
in any case to avoid constitutional guaranties but shall not otherwise
vary it.
[Amended 4-4-2002 ATM by Art. 22]
A.
The following shall not be considered signs within
the context of this article:
(1)
Flags and insignia of any government, except when
displayed in connection with commercial promotion.
(2)
Legal notices or informational devices erected or
required by public agencies.
(3)
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or parts internally illuminated
or decorated with gaseous tube or other lights.
(4)
On awnings or similar devices, lettering not exceeding
three inches in height or symbols; together they cannot exceed four
square feet in area.
B.
Nonprofit religious organizations and schools and
public uses shall not be subject to this article but are requested
to use it as a guide to their use of signs, in the public interest.
C.
Interior signs. Except as specifically included in § 190-77 (window signs), signs wholly within a building shall not be governed by this article.
D.
Gasoline pumps. A standard type of gasoline pump,
bearing thereon in usual size and form the name of the type of gasoline
and the price thereof, shall not be deemed to be a sign. Temporary
or movable signs of any and every type are specifically prohibited,
with the exception of signs designating state motor vehicle inspection
locations.
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.