General requirements. All off-street parking areas and loading areas, other than those provided for dwellings, but including drives and other accessways, shall be treated with bituminous or other surfacing material and shall be provided where necessary with appropriate bumper and wheel guards; illumination shall be so arranged as to deflect light away from adjoining lots and abutting streets; and screening shall be provided where required by these bylaws.

Table of Parking Requirements. Off-street parking spaces and loading areas shall be provided in at least the ratio specified in the Table of Parking Requirements. Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use.

	Table of Parking Requirements
	Use	Requirement
	Dwelling unit	2 spaces
	Retail sales/service	1 space per 200 square feet gross floor area exclusive of storage area but not fewer than 5 spaces per separate enterprise
	Business or professional office	1 space per 200 square feet gross area
	Bank	1 space per 200 square feet gross floor area exclusive of storage area by not fewer than 5 spaces per separate enterprise
	Restaurant, conventional	1 space per 250 square feet gross floor area
	Restaurant, fast-food	1 space per 150 square feet gross floor area
	Wholesale and industrial	1 space per 1.2 person employed on the largest shift plus 1 space for each company-owned and operated vehicle and loading space for all delivery or shipping trucks
	Place of public assembly	1 space per 3 persons; capacity based on State Building Code
	Hotel or motel guest unit	1.1. spaces per unit and loading space for all delivery trucks or sanitary collections vehicles
	Lodging house, other accommodation	1 space per 3 beds
	Nursing home	1 space per 3 beds
	All other uses	1 space per 200 square feet of gross floor area or such number of spaces in accordance with anticipated needs as determined by the Board of Appeals with the advice of the Planning Board

5.1.3.

Parking setback. No parking shall be located in the required front yard along the frontage of North Main Street.

5.1.4.

Backing restrictions. Parking areas with five or more spaces or reached from a state-numbered highway shall be designed and located so that their use does not involve vehicles backing onto a public way.

5.1.5.

Parking lot plantings. On properties located along the North Main Street frontage, parking lots containing 10 or more parking spaces shall have at least one tree per eight parking spaces, such trees to be located either within the lot or within five feet of it. At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least eight feet in width; trees shall be so located as to provide visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation.

5.1.6.

Special permit. The Zoning Board of Appeals may adjust any of the requirements of this section by special permit where it finds that such adjustment will not be substantially detrimental to safety. The Zoning Board of Appeals may require the establishment of a reserve area where a reduction in the number of spaces is authorized.

5.2 Signs.

[Amended 5-13-2008 ATM by Art. 32; 5-12-2009 ATM by Art. 31]

5.2.1.

Purpose. The purpose of the regulation and restriction of signs within the Town of Middleton is as follows:

To protect and enhance the visual environment of the Town for purposes of safety, convenience, information, orderly development, and welfare of its residents;

To eliminate signs and lights that overload the public's capacity to receive information, that violate privacy, or that increase the probability of accidents by distracting attention or obstructing vision;

To encourage signs and lighting that aid communication, orientation, identify activities, express local history and character, and serve educational purposes for the public good; and

To reduce visual and informational conflict among private signs and lighting and between the private and public information systems.

5.2.2.

Definitions. The following words and terms shall, for the purposes of this section and as used elsewhere in these regulations, have the meanings shown herein:

A-FRAME SIGN

A portable, temporary sign or device capable of standing without support or attachments.

ABANDONED SIGN

A sign that has ceased to be used for more than two years or a sign that the owner or interested party no longer intends to use for the display of sign content; provided, however, this shall not relieve the owner or interested party of its obligation to remove sign content to the extent that such content is obsolete.

ACCESSORY SIGN

A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the premises on which the sign is located, or advertises the premises as a whole or any part thereof for sale or rent.

ANIMATED SIGN

Any sign that uses movement or the illusion of movement or a change of lighting to depict action or create a special effect or scene that is activated electrically, wirelessly, environmentally (wind, thermal, and other similar changes), mechanically, manually or by some other means using either:

Flashing: Signs with illumination that are characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For purposes hereof, "flashing" will not be defined as occurring if the period between on/off phases of illumination exceeds 60 minutes.

Patterned illusionary movement: Signs with simulated movement through alternate sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion or action.

Revolving: Signs that revolve about an axis.

Animated signs shall not be defined to include signs that only display numeric or digital images of time/temperature.

APPLICANT/INTERESTED PARTY

Any advertiser, tenant, or other persons known to the Building Commissioner as having control of or a substantial interest in said sign.

AWNING

An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and or fabric on a supporting framework that may be either permanent or retractable.

AWNING SIGN

An awning with sign content on the surface of the fringe of an awning.

BANNER SIGN

A sign consisting of flexible substrate on which sign content may be displayed.

BUILDING FRONTAGE

The length in feet of the ground floor level of the wall of a building that faces a street from which legal frontage is derived.

CANOPY SIGN

A sign affixed to the visible surface of an attached or freestanding canopy, which is a multisided overhead structure or architectural projection supported by attachments to a building and cantilevered or supported by columns. The surface or soffit of an attached canopy may be illuminated by means of internal or external sources of light.[1]

DIRECTIONAL SIGN

A nonaccessory sign that is located on the premises giving direction and/or orientation for pedestrian or vehicular traffic within said premises but containing no advertising material.

ELECTRIC MESSAGE BOARDS

A sign with the capability of content change by means of manual or remote input that is not defined as an animated sign under these regulations, may be used only on ground signs and with the issuance of a special permit by the Board of Appeals.

ERECT

Shall mean and include the construction, placement, relocation, enlargement, alteration, attachment, suspension, adhering, lettering, posting, and any other manner of affixing a sign at any premises.

GROUND SIGN

Any sign erected on the ground which is self-supported and anchored to the ground by a pole, columns, braces, or placed on the ground and not attached to any building. See the figures shown on Exhibit 1, attached hereto, for a depiction of permitted ground signs.[2]

ILLUMINATED SIGN

Any sign illuminated by artificial light either projecting through its surface (internally illuminated); or reflecting off its surface (externally illuminated).

INTERIOR SIGNS

Any sign placed within a building, but not including window signs as herein defined. Interior signs, with the exception of window signs, are not regulated by this regulation.

NONACCESSORY SIGN

Any sign that is not an accessory sign.

OBSCENE

In accordance with MGL c. 272, § 1, any sign content that would be defined as "obscene" if it: appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; depicts or describes sexual conduct in a potentially offensive way; and lacks serious literary, artistic, or political or scientific value.

OFF-PREMISES SIGN

Any nonaccessory sign erected to advertise or give directions to an establishment or merchandise which is not sold, produced, manufactured or furnished at the premises on which the sign is located.

OWNER

The individual, partnership, company, corporation, or other entity owning all or a portion of the premises or having a long-term ground lease for the premises on which a sign is to be erected as evidenced by a deed recorded with the Essex South District Registry of Deeds for the premises or part thereof.

PERMANENT SIGN

Any sign permitted to be erected and maintained for more than 60 days.

POLITICAL SIGN

A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.

PREMISES

Shall refer to an entire property, complex, park, development, plaza, or center, which may consist of one or more individual lots or tax parcels, including all buildings and improvements located thereon.

PROJECTING SIGN

Any sign which is attached or suspended from a building or other structure and any part of which projects more than 12 inches from the wall surface of that portion of the building or structure.

REAL ESTATE SIGN

A temporary sign advertising the sale, lease, or rental of all or any part of the premises upon which it is located.

ROOF SIGN

Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet (extension of a building façade about the line of the roof) of any building with the entire support on the roof or roof structure. See the figure shown on Exhibit 2, attached hereto, for a depiction of permitted roof signs.[3]

SIGN

Any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the premises on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the premises where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary.

SIGN AREA

The entire area of a sign within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign content and the address of the premises shall not be included in determining sign area. See Exhibit 3, attached hereto, for an example of how to compute sign area.[4]

SIGN CONTENT

The information contained on the face of any sign.

SIGN PERMIT

A permit issued by the Building Commissioner entitling an owner or applicant to erect a sign at a premises.

SPECIAL PERMIT

A special permit granted by the Board of Appeals pursuant and in accordance with Section 9.4 of the Zoning Bylaws.

TEMPORARY SIGN

A sign permitted to be used on a short-term basis for the duration of no longer than 60 days unless otherwise specifically provided herein.

WALL SIGN

Any sign affixed to, suspended from or painted on an exterior wall of a building or structure and that does not project more than 12 inches from the building or structure wall, including signs affixed to architectural projections from a building, provided the sign content remains on a parallel plane to the face of the building facade or to the face of the architectural projection to which it is affixed. See the figures shown on Exhibit 4, attached hereto, for a depiction of permitted wall signs.[5]

WINDOW SIGNS

Any sign affixed to the surface of or inside display windows, lighted only by the general building illumination with its message intended to be visible to and readable from the public way.

[1]

Editor's Note: Exhibit 1 is included at the end of this chapter.

[2]

Editor's Note: See Exhibit 5, included at the end of this chapter, for a depiction of permitted canopy signs.

[3]

Editor's Note: Exhibit 2 is included at the end of this chapter.

[4]

Editor's Note: Exhibit 3 is included at the end of this chapter.

[5]

Editor's Note: Exhibit 4 is included at the end of this chapter.

5.2.3.

Administration and enforcement. Unless otherwise provided herein, no sign shall be erected unless it complies with the terms and provisions set forth in this regulation and the owner or applicant has submitted a sign application and paid the associated fee and the Building Commissioner has issued a sign permit.

5.2.4.

Sign permits. Applications for sign permits shall be submitted by an owner or applicant to the Building Commissioner. Such applications shall be not complete unless and until accompanied by:

Two prints of scale drawings of the sign, supporting structure and location identifying the location of the sign within the premises and its location relative to all property lines, rights-of-way, parking areas, all structures within the premises, all structures located within 40 feet of the premises, and any residential districts;

The written consent of the owner, with a copy of any deed or evidence of the long-term ground lease;

Two scaled drawings/architectural depictions of the sign, showing the sign content, color, materials, dimensions, and all other architectural features of the sign; any deviation from the drawing shall require the review of the Building Commissioner to confirm that the changes continue to comply with the provisions of this regulation; and

A copy of any relevant special permit.

All ground, wall or roof signs shall be registered and identified as required by Section 1407.0 of the State Building Code.

All temporary signs requiring a sign permit shall be registered and identified as required by the Sign Officer.

Signs that are exempt from the requirement to obtain a sign permit hereunder shall not relieve an owner or interested party from responsibility for erecting and maintaining all signs in a safe manner and in a manner in accordance with all the other provisions of this regulation.

5.2.5.

General requirements.

A permit fee shall be paid at the time an application for a sign permit is submitted to the Building Commissioner.

All signs, unless otherwise noted, require a sign permit and the payment of a fee. Every sign permitted by this regulation shall be kept in good condition and repair.

Ground signs shall be set back a minimum of 10 feet from all property lines, including rights-of-way (both public and private), and a minimum of 40 feet from all residential districts and all off premises structures. Only ground signs may incorporate electronic message boards into their sign content, with the issuance of a special permit.

Notwithstanding any other provisions of this regulation, signs may be erected the purpose of which is to post the land as follows: "no hunting," "no trespassing," etc.

Any owner or interested party shall remove any sign content that is rendered obsolete, which is a sign that no longer advertises or identifies an occupant of the premises or a use conducted on the premises, through change or termination of activities on the premises within 30 days of receiving an order issued by the Building Commissioner to remove such sign content and shall continue to maintain said sign in accordance with these regulations.

5.2.6.

Enforcement. The Building Commissioner is hereby charged with the enforcement of this regulation and the issuance of permits hereunder.

The Building Commissioner and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign.

The Building Commissioner is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment is a prohibited nonaccessory or off-premises sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this regulation.

The Building Commissioner shall serve a written notice and order upon the owner and applicant directing the repair or removal of the sign within a time not to exceed 30 days after giving such notice. If such notice and order is not obeyed within such period of time, the Building Commissioner and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. The Building Commissioner shall be empowered to institute proceedings and to impose fines against the owner and any advertiser, tenant, or other persons known to have control of or a substantial interest in said sign for any violations in accordance herewith and with the enforcement powers set forth under Section 9.2 of the Zoning Bylaws.

All expenses incurred by the Building Commissioner and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within 30 days after written notice of assessment is given by the Building Commissioner to any such person.

The Building Commissioner may enforce the provisions of this section with regard to the owner of the premises or the lessee, or both.

The Building Commissioner and the Board of Appeals may make reasonable rules and regulations for the implementation of this section, including the establishment of fees for permits and special permits.

5.2.7.

Special permit. Any sign for which a special permit is required to be issued shall be issued by the Board of Appeals, unless otherwise noted, pursuant to the requirements of Section 9.4 of the Zoning Bylaw, and provided the owner or applicant can demonstrate to the Board that the sign shall be in harmony with the general purposes of this regulation.

The owner or applicant must submit to the Board, in addition to the items required by Section 9.4 of the Zoning Bylaw, the following:

A special permit application; and

Site plan, which complies with Section 9.5 of the Zoning Bylaws, showing all parking areas, driveways, accessways, landscaping, lighting, rights-of-way, structures, and all existing and proposed signs for the premises; and

Scaled drawings/architectural depictions of the sign, showing the sign content, color, materials, dimensions, and all other architectural features of the sign; any deviation from the drawing shall require the review of the Building Commissioner to confirm that the changes continue to comply with the provisions of this regulation.

Special permit criteria. The Board of Appeals may grant a special permit, provided the Board issues a finding that all of the following criteria have been satisfied and that the sign is in harmony with and does not derogate from the general purposes of this regulation.

The premises is an appropriate location for the proposed sign and that conditions affecting the premises are different from other similarly situated properties located in the district and require special relief; and

The sign will not adversely affect or be incongruous with the neighborhood or surrounding zoning district in which it is to be located; and

There will be no nuisance or serious hazard to vehicular or pedestrian traffic or safety as a result of the sign; and

The sign satisfies all of the applicable dimensional and other criteria described in this section 5.2 unless otherwise waived as provided herein; and

Conditions. The Board of Appeals, in approving the special permit, may attach such conditions and safeguards as are deemed necessary to protect the abutting properties and neighborhood and to safeguard the purposes of this regulation, including but not limited to the following:

Requiring increased setbacks;

Requiring additional screening;

Modifications to the sign location, features and appearance;

Limiting the number of signs or duration of any temporary permit.

5.2.8.

Nonconforming signs. Any sign legally existing at the time of the passage of this regulation that does not conform in use, location, height, or size with the regulations applicable to the zoning district in which such sign is located shall be considered a legally nonconforming use or structure, as the case may be, and shall be permitted to continue and be maintained until it is removed by its owner or interested party or constitutes an abandoned sign as follows:

No Increase in the nonconformity: Structural alteration, enlargement or reerection of a nonconforming sign is permissible only to the extent, in the opinion of the Building Commissioner, such alterations will not increase the degree of the nonconformity of the sign. To the extent the Building Commissioner makes a determination that a change will increase the degree of nonconformity, the owner or interested party shall be required to apply to the Board of Appeals for a special permit under Section 5.2.7 hereof to authorize structural alteration, enlargement or reerection.

Abandoned signs. Any owner or interested party shall remove all abandoned signs within 30 days of receiving an order issued by the Building Commissioner to remove such sign.

Destroyed or damaged signs. Any sign that has been destroyed or damaged to the extent that the cost of repair or restoration will exceed 50% of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this regulation. For the sake of clarity, the normal maintenance of the sign or the changing of the sign content resulting from a change in occupancy shall not be considered a repair or restoration for the purposes of this provision and shall not invalidate its status as a legally existing nonconforming sign.

5.2.9.

Prohibited signs. The following signs, devices, and locations shall be specifically prohibited in all zoning districts:

Signs that are lighted by any means other than a steady, stationary light, shielded and directed solely at the sign.

Signs that cast glare onto any residential premises or onto any portion of a way so as to create a traffic hazard.

Signs that are illuminated in any residential district between the hours of 11:00 p.m. and 7:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours.

Signs having red or green lights within sight of a traffic signal unless approved in writing as nonhazardous by the Chief of Police.

Animated or neon or any signs that revolve, move, give the appearance of movement, or flash.

Neon signs, except as used for window signs.

Portable signs except as may be allowed as temporary signs in accordance with this regulation.

Off-premises signs except as may be allowed by special permit from the Board of Appeals in accordance with the provisions hereof.

Electronic message boards except as may be allowed by special permit from the Board of Appeals in accordance with the provisions hereof and only to display sign content on ground signs.

10.

Pennants, streamers, advertising flags, balloons, spinners or similar devices.

11.

Corner visibility shall not be obstructed.

12.

Sign that are erected, displayed, or maintained upon any rock, tree, fence, or utility pole.

13.

Signs that are erected, displayed, or maintained that contain any obscene matter.

14.

Signs that obstruct any means of egress from a building.

15.

Signs that obstruct or otherwise interfere with an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

16.

Projecting signs.

17.

Signs projecting onto the public right-of-way.

18.

Nonaccessory signs except for directional signs.

19.

Signs that are attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed display advertising a product or service, shelter, or distribution point for commercial products or services.

5.2.10.

Permitted signs — all Residential Districts.

Accessory signs. The following signs are allowed in all Residential Zoning Districts:

One sign, either attached or ground, indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon such as accessory professional office, home occupation, or other accessory uses permitted in a residential district. Such sign shall not exceed two square feet in area.

One ground sign identifying a housing development at each public entrance to a subdivision, provided such sign shall be set back a minimum of 10 feet from the boundary lines of any adjacent streets and a minimum of 40 feet from all structures. Such sign shall not exceed 24 square feet in area and shall not extend more than six feet above ground level.

Nonaccessory signs. Directional signs located on private property by special permit from the Board of Appeals, limited as follows:

Two signs for each activity, not exceeding six inches by 30 inches in size.

Ground signs not exceeding eight feet in height.

Temporary signs. All temporary signs in a residential district must be accessory signs and shall be set back a minimum of 10 feet from all property lines and a minimum of 40 feet from all off-premises structures. Notwithstanding that the following temporary signs do not require a sign permit or the payment of a fee, an owner or interested party is not relieved from responsibility for erecting and maintaining all signs in a safe manner and in a manner in accordance with all the other provisions of this regulation.

One temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected, to be no larger than six square feet and shall not extend more than four feet above ground level. Such sign shall be removed 14 days after sale, rental or lease.

Signs advertising open houses shall be removed at the end of each day. In no event shall such signs include pennants, streamers, advertising flags, balloons, spinners or similar devices.

One unlighted identification sign at each public entrance to a subdivision not exceeding 12 square feet in area and shall not extend more than four feet above ground level; to be removed when the subdivision roadway is accepted by the Town.

One temporary unlighted sign maintained on the premises while construction is in process and containing information relevant to the project, including the name and address of the parties involved in the construction or financing of a project on the premises. The construction sign shall not be larger than six square feet and shall not extend more than six feet above ground level. Such sign shall be removed 14 days after completion of construction or as required by the Building Commissioner if a waiver is granted.

The Building Commissioner may waive the size limitations set forth above and allow a sign larger than six square feet if: the premises fronts on a state highway, such as Route 114 or Route 62; or if the sign is advertising lots in a subdivision and a larger sign is needed for legibility purposes. The total area of the sign shall not exceed 24 square feet.

5.2.11.

Permitted signs — all Business and Industrial Districts.

Accessory signs. A premises shall be allowed to have one ground sign and either one roof or one wall sign, subject to the provisions set forth below and unless otherwise specifically permitted hereby.

Ground signs. Only one ground sign is permitted on any premises regardless of the number of buildings on such premises.

No ground sign shall extend more than 15 feet above ground level.

For single-occupant buildings, the sign area shall not exceed 36 square feet.

For multiple-occupant buildings, the sign area shall not exceed 36 square feet plus an additional six square feet for each additional occupant up to a maximum area of 96 square feet.

Sign areas larger than 96 square feet and signs in excess of 15 feet above ground level may be allowed by special permit of the Board of Appeals in accordance with Section 5.2.7.

Roof signs and wall signs. Each building located at a premises shall be entitled to only one roof sign or only one wall sign.

The total sign area of any wall or roof sign shall not exceed more than one square foot for every one linear foot of the building frontage. See Exhibit 3, attached hereto, for an example of how to compute sign area.[6]

[6]

Editor's Note: Exhibit 3 is included at the end of this chapter.

A building that is situated on lot where the main public entrances of the majority of its occupants face a parking lot shall be entitled to use the linear footage of the side of the building wall that faces the parking lot in determining the permissible sign area.

The center line of any roof sign shall not exceed the midline of the roof and shall not extend above the ridge of the roof. See the figure shown on Exhibit 2, attached hereto, for a depiction of permitted roof signs.[7]

[7]

Editor's Note: Exhibit 2 is included at the end of this chapter.

All allowed wall signs and roof signs shall be limited to the designs shown on Exhibits 2 and 3, attached.

Subject to the issuance of a special permit by the Board of Appeals in accordance with Section 5.2.7, a multioccupant building may be permitted to erect multiple roof and wall signs for each occupant, provided in addition to all other criteria listed herein and in Section 9.4 of the Zoning Bylaw the owner or interested party is able to demonstrate to the Board that:

(1)

The combined sign area shall not exceed the sign area as determined under Subsection 2.a above.

(2)

In no event shall a building have a combination of wall and roof signs.

(3)

Wall signs on a single building, or multiple buildings within a premises, shall be consistent in size, color, and character providing for a uniform design.

Subject to the issuance of a special permit by the Board of Appeals in accordance with Section 5.2.7, a building may have wall or roof signs on more than one side of a building, provided in addition to all other criteria listed herein and in Section 9.4 of the Zoning Bylaw the owner or interested party is able to demonstrate to the Board that:

[Amended 5-11-2010 ATM by Art. 31]

(1)

The building is located on a corner lot with legal frontage on both sides, as determined for the applicable zoning district; or

(2)

The building is situated on a lot where the main public entrances for its occupants face its parking lot and a street on which the premises has legal frontage; and

(3)

The sign is to be placed on the side of the building with legal frontage or that faces its parking lot; and

(4)

The combined sign area of all such signs shall not exceed sign area as determined under Subsection 2.a above.

Canopy signs. A premises shall be permitted to have a canopy sign subject to the issuance of a special permit by the Board of Appeals in accordance with Section 5.2.7 and in Section 9.4 of the Zoning Bylaw, and provided owner or applicant meets all other requirements listed herein for wall or roof signs. Canopy signs shall take the place of any wall or roof sign that may be erected on any building. Only canopy signs as shown on Exhibit 5 shall be permitted, subject to the issuance of a special permit as mentioned herein.

Awning signs. A building shall be permitted to have awning signs, provided they are consistently used on a building and shall be consistent in size, color, and character providing for a uniform design. The sign area used by the awning sign shall reduce the sign area permissible for any wall or roof sign being erected on any building. The size of lettering or other copy used in the sign shall not be taller than eight inches.

Window signs. Signs shall be permitted in windows, provided the sign content shall not cover more than 20% of the window glass area in which it is located. The area of the sign is computed as shown on Exhibit 3, Figure 1.[8]

[8]

Editor's Note: Exhibit 3 is included at the end of this chapter.

Building directories (if located outside). Directories may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one square foot for each establishment occupying the building but in no event shall the directory sign be larger than six square feet.

Directional signs. Traffic control orientation, directional, and guidance signs located within the boundaries of the premises for which such signs are being employed shall be permitted up to four square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. Each premises shall be limited to no more than four directional signs per premises. The Building Commissioner may permit additional signs if the owner or occupant can demonstrate a reasonable need for public safety and convenience.

Service stations or garages.

May divide the allowed sign area of the permitted wall sign into separate, smaller wall signs indicating separate operations or departments. A ground identification sign of 36 square feet with price sign incorporated is allowed.

For active fuel-dispensing service stations, with multiple tenants, on the same lot: one single freestanding ground identification sign of 36 square feet plus an additional six square feet for each additional occupant up to a maximum area of 96 square feet. Pricing information, if advertised, shall be counted toward sign area for service stations. The maximum height (including pylons) of this freestanding ground sign shall be 15 feet from ground level.

Sign areas larger than 96 square feet and signs in excess of 15 feet above ground level may be allowed by special permit of the Board of Appeals, in accordance with Section 5.2.7.

Temporary signs requiring no permit. All temporary signs must be accessory signs and shall be set back a minimum of 10 feet from all property lines and a minimum of 40 feet from all residential districts and off premises structures and shall be permitted on a short-term basis as hereinafter specified. The following temporary signs do not require a sign permit or the payment of a fee:

One unlighted real estate sign advertising the sale, rental or lease of the premises on which it is erected, to be no larger than 24 square feet and shall not extend more than six feet above ground level. Such sign requires no sign permit and shall be removed 14 days after sale, rental or lease or as required by the Building Commissioner if a waiver is granted.

Signs advertising open houses shall be removed at the end of each day. In no event shall such signs include pennants, streamers, advertising flags, balloons, spinners or similar devices.

One unlighted sign maintained on the premises while construction is in process and containing information relevant to the project, including the name and address of the parties involved in the construction or financing of a project on the premises. The construction sign shall not be larger than 24 square feet and shall not extend more than six feet above ground level. Such sign shall requires no sign permit and shall be removed 14 days after completion of construction or as required by the Building Commissioner if a waiver is granted.

The Building Commissioner may waive the size limitations set forth above and allow a sign larger than 24 square feet if: the premises fronts on a state highway, such as Route 114 or Route 62, and a larger sign is needed for legibility purposes. The total area of the sign shall not exceed 32 square feet.

10.

Temporary signs requiring a permit. All temporary signs other than as provided above in Subsection 8 shall require a permit and the payment of a fee. Such signs must be accessory signs and shall be set back a minimum of 10 feet from all property lines and a minimum of 40 feet from all residential districts and off-premises structures and shall be permitted on a short-term basis as hereinafter specified.

11.

A-frame sign. An A-frame sign shall only advertise sales, special events, a daily or weekly special (which changes each day or week) or changes in the nature of an operation, and shall not otherwise be used to advertise a continuing or regularly recurring business operation.

Each A-frame shall require the issuance of a sign permit that complies with the requirements of this regulation for a temporary sign by the Building Commissioner and the payment of a fee.

No premises shall be permitted to erect more than two such signs at any one time, and only one such A-frame sign shall be permitted for every 50 feet of legal frontage abutting a public way and available at premises.

Each permit shall contain an authorization from the owner and be signed and submitted by the applicant.

The total sign area shall not exceed 12 square feet on each side and shall not be more than 36 inches wide at its widest part.

The sign shall not extend more than 48 inches above grade.

The sign shall be taken down every evening and displayed only during the hours that the advertising entity is open for business to the general public.

The sign shall not be illuminated, emit any sound, have any moving parts, flashing lights, reflectors or other devices that are likely to cause a distraction.

The sign shall be securely anchored so as to not blow over and is professional in appearance.

The sign shall not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted to manufacture or sale or other processing of that specific product.

Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise.

The sign shall not obstruct a public or private walkway, or be placed on public property.

12.

Banners. Banner signs may be permitted to advertise sales or special events, but shall not otherwise be used to advertise a continuing or regularly recurring business operation. Street banners may advertise a public or charitable entertainment or event. All banners shall be removed promptly when the information they display is out of date, but in any event no later than seven days after the event. Banners shall comply with the following:

Shall only be erected for up to 10 consecutive days in any two-month period and for never more than 30 days in any twelve-month period on any premises.

Only one shall be permitted at a premises at any given time.

The dimensions shall be no greater than 20 feet long or four feet tall with a total sign area not to exceed 80 square feet.

Shall not be illuminated, emit any sound, have any moving parts, flashing lights, reflectors or other devices that are likely to cause a distraction.

Shall be securely anchored and properly maintained and professional in appearance.

Shall not be attached to shrubs, trees or similar items for support but rather must be professionally erected.

Shall not obstruct a public or private walkway, or be placed on public property.

5.2.12.

Temporary signs not requiring a permit — all districts. The following temporary signs, in addition to those specifically set forth herein, shall be allowed in all districts, provided they comply with the following:

Temporary signs, of not more than 12 square feet in area, erected for a charitable or religious cause; requires no sign permit and is to be removed within 30 days of erection. The Building Inspector shall maintain placement controls.

Identification signs or entrance markers for a church or synagogue shall not exceed a combined total of 30 square feet, and provided that there shall be no more than two signs allowed on the premises.

Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of Middleton shall require no sign permit. Such signs permitted by this bylaw shall only be permitted on private property and in no event:

Shall be placed in any public right-of-way or obstruct traffic visibility;

Shall exceed six square feet in area per sign and shall not exceed in aggregate 24 square feet in area per lot;

Shall be higher than four feet above ground level; and

Said signs shall be stationary and shall not be illuminated.

Unless otherwise specified in this bylaw, temporary signs pertaining to other noncommercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set forth in Subsection 3.a through d, inclusive, above.

5.2.13.

Off-premises signs — all districts. Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Board of Selectmen or on private property if granted a special permit by the Board of Appeals. Such sign shall be authorized only upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure. All such directional signs shall be unlighted, and each shall be not over four square feet in area.

5.2.14.

Guidelines. The following are further means by which the objectives for signs can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Board of Appeals in acting upon special permits authorized by the Zoning Bylaws and by the Building Commissioner in issuing a sign permit authorized under this section of the Zoning Bylaw.

Efficient communication.

Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted to manufacture or sale or other processing of that specific product.

Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity of the local outlet.

Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise.

Sign content normally should not occupy more than 40% of the sign background, whether a signboard or a building element.

Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read.

Environmental relationship.

Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height and colors of other signs in the vicinity.

Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of 100 foot lamberts in the downtown or similarly bright areas and not in excess of 20 foot lamberts in unlighted outlying areas.

Building relationship.

Signs should be sized and located so as to not interrupt, obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and, where possible, should reflect and emphasize building structural form.

Sign material, colors and lettering should be reflective of the character of the building to which the sign relates, just as sign area should be related to building size.

Clutter should be avoided by not using support brackets extending above the sign or guy wires and turnbuckles.

5.3 General landscaping requirements.

5.3.1.

Applicability. The requirements of this section shall apply to any nonresidential use subject to a special permit or site plan approval.

5.3.2.

Landscaping requirements for property lines. Property line(s) with residential districts or uses shall be screened from nonresidential uses by means of plantings or maintenance of trees of a species common to the area and appropriate for screening, spaced to minimize visual intrusion, and providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes. No part of any building or structure or paved space intended for or used a parking area may be located within the buffer area. Planted buffer areas along property lines with residential districts or uses shall be at least 10 feet in depth.

5.3.3.

Large parking areas. Parking areas containing over 20 spaces shall be suitably landscaped. The Board of Appeals may require at least one shade tree per 10 parking spaces. At least 5% of the interior of the parking area shall be maintained with landscaping, including trees. Trees shall be located to provide visual relief from sun and wind interruption within the parking area and assure safe patterns of internal pedestrian and vehicular traffic.

5.3.4.

Fencing; retaining walls; and berms. Fencing, retaining walls and berms may be allowed in lieu or in conjunction with plantings. Design and height of such substitute shall be subject to the approval of the Board of Appeals.

5.3.5.

Unsightly uses and areas. Exposed storage areas, refuse disposal facilities, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.

5.3.6.

Planted area requirements. Planted areas shall contain an appropriate mix of plant species appropriate to proposed use, siting, soils, and other environmental conditions. Where the Board of Appeals determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees.

5.3.7.

Coordination with site plan approval. The Board of Appeals shall require a landscaping plan as part of the overall site plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set forth in this section.

5.3.8.

Maintenance. All landscaping features, structures and areas shall be properly maintained. Dead shrubs or trees shall be replaced within one growing season as a condition of approval.

5.3.9.

Special permit. By special permit, the Board of Appeals may authorize a reduction in the requirements of this section, where such reduction will not result in substantial detriment.

5.4 Performance standards for nonresidential development.

5.4.1.

Purpose. The following performance standards have been adopted in order to control the size, scale, and impacts of larger nonresidential developments. The Board of Appeals shall ensure that such standards are met during the course of any special permit application or site plan review for a nonresidential use.

5.4.2.

Lighting. The proposed development shall not produce lighting so as to unreasonably interfere with the use and enjoyment of property within the Town. Lighting practices and systems shall reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the Town; conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity; and preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the Town.

Shielding. All outdoor light fixtures shall be shielded so as to meet the goals of this section.

Light trespass. Direct light from the light source is to be confined within the property boundaries.

Light intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any particular time.

Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited; provided however, that same may be authorized for a period of not more than 14 days by special permit issued by the Board of Appeals.

Indoor lighting. Indoor light sources will not be projected outside in a manner to defeat the intent of this bylaw.

Flickering and flashing lights. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.

Hours of operation. Except as may be deemed appropriate for site safety or security, the Board of Appeals may require as a condition of site plan approval that all external lighting, including lighting accessory to authorized signs, shall be extinguished 1/2 hour after the facility is closed for the business day. Such lighting may be timed to resume 1/2 hour prior to the arrival of the first employee on the premises.

5.4.3.

Noise. The proposed development shall not unreasonably interfere with the reasonable use and enjoyment of property within the Town as a result of the generation of noise. Practices and systems shall reduce noise pollution in order to preserve and enhance the natural and aesthetic qualities of the Town; preserve property values; and preserve neighborhood character.

Hours of operation. As a condition of any special permit or site plan approval, the Board of Appeals may incorporate required specific hours of operation for the following activities:

The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or other objects or materials for sale or storage or use in a manner that causes a condition of noise pollution at any time;

Operating or permitting the operation of tools or equipment used in construction, drilling or demolition work;

Operation of construction devices.

Ambient noise level. No person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds 10 dBA above ambient when measured at the property boundary of the receiving land use, in accordance with the standards of the Massachusetts DEP.

5.4.4.

Site development standards. To the extent practicable, the proposed development shall be located to preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the subdivision and the Town.

Phasing of development. The Board of Appeals may limit the extent of a site exposed at any one time through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

5.4.5.

Pedestrian and vehicular access; traffic management. The proposed development and/or redevelopment shall be designed with a forecast for the next five years from the time of application to minimize hazards to public health and safety as a result of traffic; provide safe access and circulation on the site for expected vehicles, pedestrians, and emergency vehicles; provide off-site traffic mitigation, where required, to offset the impact of the development; reduce the traffic impacts of the proposed development on the area and the Town by incorporating traffic management devices; and minimize the impact on scenic roads, historic districts, natural resources, and community character. The development shall not degrade safety for pedestrians, bicyclists, motor vehicle occupants, or property.

Access via roadways abutting residential districts shall be avoided where possible.

Access and egress to a development with frontage on more than one street shall be in a manner that causes the least impact to the surrounding neighborhoods as determined by the Board of Appeals.

Each development shall be served by an adequate driveway. The Board of Appeals may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets.

All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.

Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 24 feet in width unless waived by the Board of Appeals. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.

Interior circulation. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bike ways, and vehicular traffic.

The Board of Appeals may require a traffic study, prepared by a qualified traffic engineer, detailing the excepted traffic impacts.

Sight distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the development.

Mitigation. The Board of Appeals may require as a condition of any special permit or site plan approval off-site improvements to mitigate the impact of the proposed development.

5.4.6.

Exemptions. The following are exempt from these standards:

Emergency response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.

Municipal uses and structures. All municipal uses and structures, including schools.

Events. Parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit for such activity has been granted by the Board of Selectmen and that said permit is for not more than 10 days.

Religious structures and services. Religious services conducted by an organization which qualifies under the laws of the commonwealth as a tax-exempt religious group.