[Added 5-3-2010 ATM by Art. 29]
A.
Purpose and intent. This article is adopted by the Town of Wakefield
for the regulation and restriction of signs and other identification
devices within the certain commercial areas:
(1)
To promote the public safety and convenience of the streets and roads,
sidewalks and other pedestrian spaces, public property and private
property;
(2)
To preserve for the present and future inhabitants the natural, architectural
and historical assets and other qualities that distinguish the Town
as a highly desirable residential community;
(3)
To protect business viability, economic opportunity, property values,
aesthetic integrity, town character, creativity and community appearance
by exercising prudent control;
(4)
To encourage compatibility and harmony with surrounding buildings,
land and land uses; and
(5)
To provide design assistance and guidance through a design review
process.
B.
Application of the Signage Overlay District. Within the Signage Overlay District, all the provisions of the underlying districts shall continue to apply, except signs are subject to the provisions of this Article XVI and not Article XIII. Article XVI shall be effective upon adoption by Town Meeting.
C.
ABANDONMENT
AGGREGATE SIGN AREA
ALTERATION
AWNING
(1)
(2)
AWNING SIGN
BEACON
BILLBOARD
BUILDING DIRECTORY SIGN
BUILDING MARKER
BUSINESS ESTABLISHMENT
CANOPY
CHANGEABLE COPY SIGN
CHANGING IMAGE SIGN
COMMERCIAL MESSAGE
DIRECTIONAL SIGN
FLAG
FREESTANDING SIGN
HAZARDOUS SIGN
HISTORICAL MARKER or PLAQUE
ILLUMINATED SIGN
(1)
(2)
(3)
(4)
(5)
IMAGE PROJECTIONS
INTERNALLY ILLUMINATED SIGN
MENU BOARD
MENU BOXES
MONUMENT SIGN
MOVING SIGN or ANIMATED SIGN
NONCONFORMING SIGNS
OFF-PREMISES ADVERTISING SIGN
ON-PREMISES ADVERTISING SIGN
PENNANT
PORTABLE SIGN
PRIMARY BUILDING FACADE
PROJECTING BRACKET SIGN
PROJECTING FIXED-BANNER SIGN
PROJECTING SIGN
REPAIR
ROOF SIGN
SECONDARY BUILDING FACADE
SIGN
SIGN AREA
SIGNBAND or FRIEZE
SIGN HEIGHT
STOREFRONT OF A BUSINESS ESTABLISHMENT
STREET ADDRESS SIGN
STREETSCAPE DRAWING
TABLE OF AGGREGATE SIGN AREA
TEMPORARY SIGN
(1)
(2)
(3)
(4)
(5)
WALL MURAL
WALL SIGN
(1)
(2)
(3)
(4)
WINDOW SIGN
Definitions. As used in this Article XVI, the following words and terms shall have the following respective meanings. Whenever there may arise an ambiguity or dispute with respect to the meaning of any of the following words and terms, such ambiguity or dispute shall be resolved in a manner that results in a more restrictive interpretation consistent with the stated purposes of this Article XVI.
The cessation of a use of a sign as indicated by the visible
or otherwise apparent intention of an owner or occupant to discontinue
the use of a sign, structure or lot; or the removal of the characteristic
equipment or furnishings used in the performance of the use.
The total sign area existing, proposed or permitted on a
lot.
Any construction, reconstruction or other similar action
resulting in a change in structural parts, height, dimensions, size,
use or location.
A nonrigid covering over a fixed or retractable frame attached
to a building's facade that projects over an area adjacent to the
building.
FIXED AWNINGA nonrigid covering over a fixed frame attached to a building's facade that projects over an area adjacent to the building.
OPERABLE AWNINGA nonrigid covering over a retractable frame attached to a building's facade that projects over an area adjacent to the building.
Any and every sign displayed on an awning, which may include
the entire awning.
Any light source with one or more beams directed at one or
more points not on the same lot as the light source.
Any sign, regardless of size, which advertises, calls attention
to or promotes for commercial purposes any product, service or activity
other than one manufactured, sold or engaged in on the lot at which
the sign is located.
Any sign, other than a building marker, that contains the
name of a building and/or its tenants.
Any sign indicating the name of a building, date of construction
or significant fact about the building or its site that is cut into
a masonry surface or flat-mounted on a building's facade.
Each separate place of business, whether or not consisting
of one or more buildings.
An architectural projection, including a marquee, that provides
weather protection, identity or decoration and is supported by the
building to which it is attached, whether or not supported by one
or more structural posts anchored to the ground or sidewalk. Typically,
a canopy is a rigid structure to which a rigid covering is attached.
A sign on which message content or copy is changed manually
or electronically, including through the utilization of attachable
or digitally changeable letters, numbers, symbols, and other similar
characters.
Any sign that, through the use of electronic light-emitting
diodes (LEDs), flat-screen panels, moving structural elements, flashing
or sequential lights, lighting elements, or other method, results
in movement, the appearance of movement or change of sign image or
message. A sign on which the only copy that changes is an electronic
or mechanical indication of time and/or temperature shall be considered
a changing image sign for purposes of this bylaw.
Any sign, wording, logo, trademark, "trade dress," identifying
color regime or other representation that directly or indirectly names,
advertises or calls attention to a business, product, service, organization
or other commercial activity.
Any sign limited solely to directing vehicular or pedestrian
traffic to, or setting out use restrictions within, parking areas.
A directional sign shall not include a commercial message.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government or political
entity.
Any sign or grouping of signs supported by structures or
supports that are on, or anchored in, the ground and that are independent
from any building or other structures.
A sign constituting a hazard to the public safety because
it does not meet the lateral and/or vertical loads as specified in
the Building Code, or does not meet the wiring and installation standards
of the Electrical Code.
An historical plaque approved by the Wakefield Historical
Commission, the State Department of Archives and History or the National
Register of Historic Places.
A sign that is illuminated in any manner by electrical or
other devices, including the following:
INTERNAL ILLUMINATIONA light source that is within the sign and viewed through a translucent or transparent panel.
EXTERNAL ILLUMINATIONA light source that is placed outside of or away from the sign that illuminates the sign.
SILHOUETTE ILLUMINATIONA light source that illuminates a building surface or sign as a background.
LUMINOUS TUBINGA light source formed by glass tubes filled with gas, including neon lighting.
LIGHT-EMITTING DIODE (LED) ILLUMINATIONA light source formed by light-emitting diodes, known as "LED."
Light images created by a projection device that may be still,
changeable or moving, that are shown on building walls, sidewalks
or other surfaces.
Any sign that uses internal illumination.
Any sign that provides information to patrons while using
a drive-through facility or walk-up machine such as an automated teller
machine.
A sign affixed to a building that is capable of being read
only at close range, such as on the sidewalk, by restaurant patrons
that displays the restaurant's menu, hours or the like. Said sign
shall not attract attention from off the premises, and its contents
should not be discernible from a public street.
Any freestanding sign flush with the ground, the base of
which is at least 75% as wide as the widest part of the whole sign.
"Base" shall mean that portion of the sign that is flush with the
ground.
Any sign or any part of a sign that mechanically moves, spins
by the wind, flashes, or uses traveling lights, changeable copy, or
changing images.
Any sign that does not conform to the provisions of this
article that was lawfully erected.
Any sign unrelated to the lot on which the sign is located
or to which it is affixed. See "billboard."
Any sign related to the premises, or the use thereof, where
the sign is located or to which it is affixed.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in a series, but excluding flags.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs on A- or T-frames; sandwich board signs; balloons used as signs;
umbrellas used for advertising; signs attached to or painted on a
vehicle parked and visible from the public right-of-way, unless said
vehicle is used in the normal, day-to-day operations of the business.
The wall or plane (elevation) of a building that contains
the building's main entrance.
Any sign that is suspended from a metal bracket and that
extends more than six inches beyond the surface of the building to
which it is attached.
Any sign of lightweight fabric or similar material that is
held in place between upper and lower brackets or armatures that are
permanently fixed to a building's facade in such a manner that it
extends more than six inches beyond the surface of such building.
Any sign that is affixed to a building and that extends more
than six inches beyond the surface of such building. A mansard wall
sign shall not be deemed a projecting sign.
With respect to a building, structure or sign, any construction
that replaces the materials and does not change the dimensions, size,
use or location thereof.
Any and every sign located above, or projecting above, the
lowest point of the eave or the top parapet wall of any building,
or which is painted on or otherwise attached or affixed to a roof.
A mansard wall sign shall not be deemed a roof sign.
The wall or plane (elevation) of a building that does not
contain the building's main entrance.
Any display, including its structure, consisting of any letter,
figure, character, mark, point, plane, design, poster, pictorial,
picture, video display, cartoon, stroke, stripe, line, trademark,
reading matter or illuminated device, which is constructed, attached,
erected, fastened or manufactured in any manner so that the same shall
be used to convey any message whatsoever to the public.
The area defined by the smallest rectangle that will encompass
the extreme limits of the writing, representation, emblem, or other
display, together with any material or color forming the background
of the display or used to differentiate the sign from the backdrop
or structure against which it is placed, but not including any supporting
framework or supporting structure. Only one side of a flat, identical,
back-to-back sign shall be included in calculating the sign area.
A continuous horizontal segment of a building's facade, located
above any ground-level storefront display windows and clerestory windows
and below the second-story windows or building cornice. In many storefronts
this area is designated by a distinct band of pre-cast concrete, plaster,
wood or other material and is the typical location for business signs.
The maximum vertical distance measured from the finished
grade to the highest point of the sign or its supporting structure,
whichever is higher.
That portion of the first floor building wall comprised of
the business establishment's public entrance and display windows that
is adjacent to and corresponds to the height and width of the interior
space rented or owned by the business establishment.
A sign indicating only the street address for a particular
building or lot.
An architectural drawing of building facades that shows the
outline of adjacent buildings, the height of parapets, rooflines,
second-floor levels, and the size and location of window openings.
A calculation table listing the area of each sign type and
the total area of all signage installed on a lot.
Any and every sign, but not including window signs, which
by its design and/or use is temporary in nature, frequently composed
of paper, poster-board and/or cardboard, typically containing messages
relative to sale, lease, rental or construction of property, garage
or yard sales and similar occasional uses, special sales, bazaars,
dinners or other events. Temporary signs include, but are not limited
to, the following:
ARTISAN'S SIGNAny sign of a mechanic, painter, or other artisan performing work on the lot.
LAWN SIGNAny freestanding sign made of lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor.
POLITICAL SIGNAny sign that refers only to the issues or candidates involved in a political election.
SALES OR RENTAL SIGNAny sign advertising the sale or rental of the whole or any portion of the lot upon which it is located.
BANNERAny sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. Any such sign that meets the definition of a wall sign, projecting bracket sign, projecting fixed-banner sign, or projecting sign shall not be deemed a banner. Flags shall not be considered banners. All banners are temporary signs.
A directly applied wall sign that exceeds the maximum allowed
sign area.
Any sign securely fixed parallel to the face of a building
wall. Four types of wall signs specifically identified in this article
are:
DIRECTLY APPLIED WALL SIGNAny sign of painted, incised, or three-dimensional material applied directly to a building surface.
RAISED PANEL WALL SIGNAny sign of painted, incised, or three-dimensional material applied to a panel that is less than two inches in thickness affixed directly to a building surface.
SIGN BOX WALL SIGNAny sign of painted, incised or three-dimensional material affixed to a signboard or in a frame attached and parallel to a wall surface extending more than two inches, but less than six inches, from the wall surface.
MANSARD WALL SIGNAny sign mounted on a sloping surface, such as a mansard roof.
Any and every sign of any material affixed directly to the
surface of the window and/or any sign inside a building, the purpose
of which is to be viewed or visible from the outside, including, without
limitation, every such sign within three feet of the window or door.
A window sign does not include any item of merchandise normally displayed
within a merchant's display window.
A.
Sign permit and fee requirement. No sign, except a temporary sign
and street address sign, may be erected, installed, or altered without
a sign permit. Mere repair of an existing sign shall not require a
permit. Sign permit applications must be submitted to the Building
Inspector, and a review fee paid to the Town before a sign can be
reviewed for a permit.
B.
Illumination.
(1)
In no event shall the light from any illuminated sign exceed 0.2
footcandle at the property line of the lot on which such sign is located.
(2)
Exterior illumination of signs shall be shielded, directed solely
at the sign, and be steady and stationary.
(3)
No sign shall be illuminated between the hours of 11:00 p.m. and
6:00 a.m., except signs on premises that are open for business, and
then only upon issuance of a special permit by the special permit
granting authority.
(4)
Exposed light sources are prohibited.
(5)
No sign shall change color or intensity.
(6)
The brightness and surface illumination shall not exceed 10 footcandles
measured at a distance of 10 feet from the sign.
(7)
The light from any illuminated sign shall be shaded, shielded, or
directed so that the intensity or brightness shall not adversely affect
safe vision of operators of vehicles moving on public or private streets
or parking areas. Light shall neither be obtrusive to nor interfere
with the use of a residential structure.
(8)
All exterior illumination of signs shall be from white light sources,
typically incandescent light bulbs. Fluorescent lighting is prohibited.
C.
Prohibited signs. All signs not expressly permitted are prohibited.
Without limiting the generality of the foregoing, the following signs
are prohibited and shall not be allowed by special permit.
(1)
Signs that interfere with traffic. No sign, including window displays,
or its illuminators shall by reason of its location, shape, size or
color, whether illuminated or not, interfere with pedestrian or vehicular
traffic or be confusingly similar to or obstruct the view or the effectiveness
of any official traffic sign, traffic signal or traffic marking. No
red or green lights shall be used on any sign if, in the opinion of
the Building Inspector, such lights would create a driving hazard.
Any imitation of official traffic signs or signals and the use of
such words as "stop," "look," "listen," "danger," "go slow," "caution"
or "warning" or any word, phrase, character, symbol, lights, motion,
sound, fumes, mist, or other device that interferes with, misleads,
or confuses traffic is prohibited. The brightness and surface illumination
shall not exceed 10 footcandles measured at a distance of 10 feet
from the sign. Signs that unreasonably obstruct a driver's view of
the road and/or sidewalks are prohibited.
(2)
Signs that make noise are prohibited.
(3)
Portable signs are prohibited.
(4)
Signs on unregistered vehicles (except for temporary "for sale" signs)
are prohibited.
(5)
Moving signs or animated signs, except barber poles at barbershops,
are prohibited. All devices designed to attract attention by fluttering,
rotating, spinning, or moving in some other manner, whether set in
motion by movement of the atmosphere, or by mechanical, electrical
or any other means, are prohibited. Such devices include, but are
not limited to, pennants, ribbons, streamers, spinners, propellers,
or discs, whether or not any such device has a written message.
(6)
Signs displaying any obscene matter are prohibited.
(7)
Strobe lights and flashing lights are prohibited.
(8)
Signs utilizing exposed luminous tubing are prohibited. Any luminous
tubing used as borders, stripes, or window or door surrounds, or building
edging, is prohibited.
(10)
Inflatable or lighter-than-air devices of any kind, including
tethered balloons, bearing a commercial message, are prohibited.
(11)
All changeable copy signs, except those located at and used
in connection with gasoline filling stations to provide notice of
the current price of fuel sold by the gallon through the gasoline
pumps.
(12)
Changeable image signs are prohibited.
(13)
Roof signs are prohibited.
(14)
Off-premises advertising and billboards are prohibited.
(15)
Signs attached to or strung from utility poles, streetlights, trees, plantings, fences, or vehicles are prohibited, except as permitted under § 190-100F(6).
(16)
Strings of lights (except illuminated holiday lights which are
allowed as temporary signs), pennants, or flags are prohibited.
(17)
Beacons and searchlights are prohibited.
(18)
Signs in the public way, except projecting signs allowed by
special permit and signs and traffic control devices installed and
controlled by a government entity, are prohibited.
(19)
Internally illuminated signs are prohibited.
(20)
Fixed awnings are prohibited.
(21)
Awning signs are prohibited.
(22)
Sign box wall signs are prohibited.
(23)
Mansard wall signs are prohibited.
D.
Exempt signs. The following signs are exempt from the provisions
of this article:
E.
Maximum number and maximum area of permitted signs.
(1)
The only sign types allowed in the Signage Overlay District are listed
in Table 1, below. Sign types not listed in Table 1 are not allowed
in such district as of right or by special permit.
(2)
The aggregate sign area of all signs associated with each business
establishment shall not exceed 50 square feet or 10% of the primary
building facade of the business establishment, whichever is less.
(3)
If a ground-floor business establishment has frontage on two streets
and has a public entrance on both streets, then one additional sign
is permitted on the secondary building facade, and such additional
sign may increase the permissible aggregate sign area associated with
that business establishment by up to 15 square feet.
(4)
If a business establishment consists of more than one building on
a lot, an additional sign, not exceeding 15 square feet or 10% of
the building's facade, whichever is less, may be affixed to a wall
of each such building and the aggregate sign area associated with
that business establishment increased by up to 15 square feet.
(5)
One directory sign may be installed at each public entrance of a building for all business establishments that do not have ground-floor storefronts. See § 190-100G.
(6)
Residential developments in the Signage Overlay District are subject
to the sign regulations of the Signage Overlay District.
Table 1
| ||||
---|---|---|---|---|
Table of Aggregate Sign Area for Signs Allowed
| ||||
Sign Type
|
Maximum Number
|
Maximum Area
|
Special Provisions
|
Maximum Letter Height
(inches)
|
Street Address Sign
|
2
|
—
|
§ 190-100B
|
14
|
Wall Sign
|
1
|
15 square feet
|
§ 190-100C
|
14
|
Projecting Bracket Sign (1)
|
1
|
9 square feet
|
§ 190-100D
|
N/A
|
Window Sign
|
N/A
|
10%
|
§ 190-100E
|
12
|
Temporary Signs
|
1
|
6 square feet
|
§ 190-100F
|
16
|
Building Directory Sign
|
1
|
6 square feet
|
§ 190-100G
|
3
|
Directional Signs
|
2
|
2 square feet
|
§ 190-100H
|
10
|
Notes:
| |
---|---|
(1)
|
All projecting bracket signs require special permits.
|
A.
Individual sign sizes. The total sign area (aggregate sign area) permitted, as calculated in accordance with the provisions of § 190-99E, may be distributed among the various signs on the lot. However, individual signs shall not exceed the maximum dimensions specified in § 190-99E (See Table 1.) and shall comply with the special provisions for each sign type described below.
B.
Street address signs.
(1)
Location.
(a)
A street address sign is required for every occupied building
on a lot.
(b)
A street address sign must include the street address for the
lot, but may include the occupant's name, and the street name.
(c)
A maximum of two street address signs are permitted for each
business establishment on a lot.
(2)
Area.
C.
Wall signs.
(1)
Location.
(a)
Where a building has a sign band, any directly applied wall
sign and/or raised panel wall sign must be located within the sign
band.
(b)
If no sign band exists, a wall sign must be aligned in height
and proportion with the location of wall signs of adjacent structures,
provided such wall signs on adjacent structures conform to the provisions
hereof.
(c)
In the case of a one-story building, no portion of a wall sign
can be located higher than the roofline, and in the case of a multiple-story
building, no portion of a wall sign can be located higher than the
second-story floor line.
(d)
No portion of a wall sign can extend above a building's parapet.
(e)
No portion of a wall sign can cover ground-floor display windows
or the window frame of the display windows.
(f)
Wall signs may not obscure architectural features such as arches,
transom panels, windows, windowsills, moldings, cornices, etc.
(g)
For business establishments with no ground-level display windows,
wall signs are prohibited on the building's facade.
(2)
Area.
(a)
The maximum allowable sign area of a wall sign is set forth
in Table 1, provided that the sign area of a wall sign shall not exceed
2/3 of the length of the business establishment's storefront multiplied
by one square foot, and the maximum length of a wall sign shall not
exceed 2/3 of the length of the business establishment's storefront.
(b)
A wall sign shall not exceed three feet in height.
(3)
Illumination. Fixed incandescent spotlights may be provided
to illuminate a wall sign. Swivel-mounted spotlights are prohibited.
All spotlights must be housed in shades to protect adjacent properties
and occupants above from direct or excessive light. Internally illuminated
signs are prohibited.
D.
Projecting bracket signs.
(1)
Location.
(a)
The height and proportion of a projecting bracket sign must
be coordinated with the location of signs and awnings of adjacent
structures, provided such signs and awnings conform to the provisions
hereof.
(b)
In the case of a one-story building, no portion of the bracket,
guy-wires or the sign can be located or extend higher than the building's
parapet.
(c)
In the case of a multiple-story building, no portion of the
bracket, guy-wires or the sign can be located higher than the header
of the second-story windows.
(d)
Architectural features such as moldings, cornices, transom panels,
windows, windowsills, etc., cannot be cut away or removed to accommodate
sign brackets, lighting fixtures or electrical conduits, nor may such
features be covered or otherwise unreasonably obscured by such signs.
(2)
Area.
(a)
The area of one side of a flat, two-faced projecting bracket
sign shall be considered the sign area.
(b)
The sign area of a projecting bracket sign shall not exceed
nine square feet.
(c)
The panel suspended from a sign bracket shall not exceed three
inches in thickness.
(d)
It is contemplated that the bracket shall generally consist
of an open ironwork pattern. The area of the bracket, however designed,
shall not exceed 1/2 the area of the sign and shall not be counted
as part of the sign area.
(e)
Any object, symbol or icon incorporated into the sign's design,
e.g., spectacles for an eye doctor or a shoe for a cobbler, shall
be considered part of the sign, and the area thereof shall be included
in calculating the sign area.
(5)
Illumination. Fixed incandescent spotlights may be provided
to illuminate a projecting bracket sign. Swivel-mounted spotlights
are prohibited. All spotlights must be housed in shades to protect
adjacent properties and occupants above from direct or excessive light.
Internally illuminated signs are prohibited.
E.
F.
Temporary signs.
(1)
Temporary signs shall not be maintained for more than a thirty-day
period, except as may be otherwise specifically provided below.
(2)
All temporary signs, except when attached to a building or in
a display window, shall be set back a minimum of 10 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. Temporary signs are prohibited in public ways. No exterior
illumination is permitted for a temporary sign.
(3)
Temporary signs shall be removed promptly after the sale or
event advertised thereby.
(4)
Temporary sales or rental signs are not subject to the thirty-day
display limitation but shall comply with Subsection (F)(3) above.
(5)
The area of a flat, two-faced sign shall be considered the sign
area. Temporary lawn signs shall not exceed one sign per street frontage,
shall not exceed six square feet in surface area per side and shall
be erected so that no portion is more than four feet above ground
level.
(6)
A special event sign or banner intended to inform the public
of a unique happening, action, purpose, or occasion, of a nonprofit
organization may be placed above or across a public or private street
or way or in a park or on a Town building with the prior written permission
of the Town Council upon such terms and conditions as it shall determine.
[Amended 11-5-2018 RTM
by Art. 17]
(7)
A maximum of one temporary sign for the identification of a
new business establishment until permanent signs can be erected is
allowed for a period not to exceed 90 days. A one-time extension up
to a maximum of 90 days may be granted by the Building Inspector,
provided a permit for a permanent sign has been applied for. Such
temporary sign shall comply with the wall sign requirements of this
article.
(8)
No more than one political sign per candidate or issue is permitted
per dwelling unit or business establishment. Each such sign shall
be a maximum of six square feet in area.
(9)
Holiday lights (if illuminated) and holiday displays are temporary
signs.
G.
Building directory signs.
(1)
Building directory signs shall be either wall-mounted or located
on a door.
(2)
No building may have more than one building directory sign.
(3)
The area of a building directory sign shall not exceed one square
foot for each business establishment occupying the building, or six
square feet in total area, whichever is less.
(4)
Fixed incandescent spotlights may be provided to illuminate
a building directory sign. Swivel-mounted spotlights are prohibited.
All spotlights must be housed in shades to protect adjacent properties
and occupants above from direct or excessive light. Internally illuminated
signs are prohibited.
(5)
All building directory signs are to be referred to the Design
Review Board for a recommendation.
(6)
All building directory signs are permitted only by special permit,
and shall be considered a wall sign and, as such, shall be counted
against the allowable aggregate sign area.
H.
Directional signs.
(1)
Directional signs are solely intended to provide safe direction
of vehicular and pedestrian traffic movement.
(2)
One directional sign may be installed per curbcut.
(3)
Directional signs shall not include any commercial message.
(4)
Directional signs shall not exceed four square feet in area.
(5)
The area of one side of a flat, two-faced directional sign shall
be considered the sign area.
(6)
Fixed incandescent spotlights may be provided to illuminate
a directional sign. Swivel-mounted spotlights are prohibited. All
spotlights must be housed in shades to protect adjacent properties
and occupants above from direct or excessive light. Internally illuminated
signs are prohibited.
I.
Menu boxes.
(1)
Location.
(a)
Menu boxes shall be located adjacent to a restaurant's primary
entrance.
(b)
Architectural features such as moldings, cornices, transom panels,
windows, windowsills, etc., cannot be cut away or removed to accommodate
sign armatures, brackets, lighting fixtures or electrical conduits,
nor may such features be covered or otherwise obscured by such signs.
J.
Menu boards for drive-through and walk-up services.
(1)
Location.
(a)
Menu boards shall be counted as a portion of the total aggregate
sign area of a business establishment.
(b)
One freestanding or wall-mounted menu board is allowed per business
establishment.
(c)
Menu boards and speaker boxes must be at least 150 feet from
any residential zoning district or be screened from residential view
by masonry wall.
A.
Application procedure.
(1)
No person shall construct, erect, install, alter, enlarge, or
move a sign, the structure supporting a sign, or any electrical devices
related to a sign without a permit from the Building Inspector as
required by this article, and, if applicable, without also obtaining
a permit from the Electrical Inspector. Nothing herein shall be construed
to require a sign permit from the Building Inspector for the mere
repair of a sign that either conforms to the requirements of this
article or that is a lawful prior nonconforming sign.
(2)
No person shall reconstruct, rebuild, relocate, alter, move
or re-erect any sign that has been abandoned or not used for a period
of two years or more unless it is made to comply with all applicable
requirements of this article.
(3)
Nonconforming signs lawfully erected prior to the adoption of
this article may not be enlarged, extended, altered or redesigned
unless they are made to comply with all applicable requirements of
this article.
B.
Complete applications required.
(1)
Applicants shall submit electronic files on a compact disk compatible
with the Town's computer systems in .pdf format for drawings, text
and other documents described below. Complete descriptions of the
application materials to be provided are set forth below. Photographs
may be in .jpg format or a format compatible with the Town's filing
system. Photographs submitted cannot be larger than 8 1/2 by
11. Smaller photographs must be fixed to 8 1/2 by 11 card stock.
(2)
Applications require the written consent of the owner of the
premises concerned, or of an authorized agent, and the 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)
Applicants must provide the electronic files and six paper copies
of complete application packets that include:
(a)
A completed sign permit application form;
(b)
Photographs of the existing building or site for the proposed
sign;
(c)
Photographs of any adjacent buildings and signage (preferably
including the whole area within 100 feet of the site);
(d)
Copies of the previous sign permits issued for the building
or site;
(e)
Photographs of existing signs on the building or site that are
annotated with the permit information for existing signs, e.g., date
of installation;
(f)
A building facade drawing showing the proposed sign with dimensions;
(g)
A table of aggregate sign area;
(h)
A building elevation context drawing (preferably including a
streetscape drawing of the building within the context of the adjacent
buildings within 100 feet and all existing signs); and
(i)
A wall section drawing showing the method of mechanical attachment
of the sign to the building (additional details may be required).
(4)
If the application includes any electrical devices, conduits,
or spotlights, the application shall include:
(a)
A completed electrical permit application form;
(b)
An annotated building facade drawing showing the location of
all conduits and light fixtures;
(c)
A wall section drawing showing any holes to be bored through
any parapet or building walls to accommodate electrical conduits;
and
(d)
Copies of the manufacturer's cut-sheets with color photographs,
catalog numbers and detailed specifications concerning the electrical
lighting fixtures proposed for the sign.
C.
Drawings required with the application.
(1)
Applications for a sign permit must include drawings prepared
and sealed by a registered architect or engineer. Whenever possible,
drawings of new signs should be in color and dimensioned. Material
samples are to be submitted with the application. All existing and
proposed signage and awnings or canopies must be accurately drawn
and dimensioned. The required documents and drawings for each sign
type are listed in Table 2 below:
(2)
Requirements for each drawing type.
(a)
A building facade drawing is required to illustrate the sign
in the location where it will be installed. Drawings must be at a
scale of 1/4 inch per one foot or larger. Building facade drawings
must show the architectural features such as sign bands, display windows,
arches, transom panels, window sashes, windowsills, moldings, cornices,
etc. Whenever possible, the building facade drawings should include
the adjacent buildings to simplify the submission.
(b)
If there are adjacent buildings within 100 feet of the building's
facade, a streetscape drawing is required that shows the outline of
the adjacent buildings, the height of parapets, rooflines, second-floor
levels, window openings and the size and location of any wall sign,
projecting sign and projecting bracket signs. The requirement to provide
a streetscape drawing may be waived by the special permit granting
authority if photographs are provided that accurately and completely
provide the context information. Nothing herein is intended to suggest
that projecting signs may be installed; the requirement of showing
them, here and in the following subsection, applies only where there
are preexisting projecting signs.
(c)
A wall section/elevation drawing is required showing the roofline
and the second-story floor line if applicable, the height of the parapet,
the height of the wall sign on the building's facade, the distance
a wall sign, projecting sign, projecting bracket sign or awning projects
from the face of the building and the height dimensions above the
sidewalk. The curbline must be shown.
(d)
Enlarged building elevation drawings, drawn at a scale of 3/4
inch per one foot or larger are required of display windows and doorways
for window signs. The requirement to provide enlarged building elevation
drawings for window signs may be waived by the special permit granting
authority if photographs are provided that accurately and completely
provide the context information.
(e)
Detailed drawings of the proposed sign are required. Section
and elevation drawings are required, at a scale of one inch per one
foot or larger, of the proposed signage with the materials dimensioned
and labeled. All lighting fixtures, conduits, junction and transformer
boxes, and the like are to be accurately shown on the building facade
and wall section drawings, as well as in the detail drawings. Manufacturers'
catalog specifications and illustrations of all lighting fixtures
are to be submitted with the application. The type of light bulb and
lumens are to be specified. The building facade and wall section drawing
shall include the outline of light to be cast on the signage and the
building's facade.
(f)
The detailed drawings required above may be waived by the special
permit granting authority or Zoning Administrator if photographs are
provided that accurately and completely depict the sign proposed.
D.
Referral of a sign permit application to the Design Review Board.
E.
Review procedure by the Design Review Board and report to the Building
Inspector.
(1)
The Design Review Board shall meet and review the application
packet within 14 days after a completed application is filed. All
sign permit applications shall be reviewed by the Design Review Board.
(2)
Meetings of the Design Review Board are to be posted.
(3)
The Chairperson of the Design Review Board shall establish the
agenda of meetings.
[Amended 11-5-2018 RTM
by Art. 17]
(4)
Sign permit applications are to be reviewed by the Design Review
Board as open meetings without public hearing.
(5)
Applicants for a sign permit are to be advised to the date and
time of the review and may attend the meeting.
(6)
Within 21 days after filing of an application, the Design Review
Board shall provide a report to the Building Inspector and the Zoning
Board of Appeals containing its recommendations. If, in the process
of reviewing an application, the Design Review Board discovers additional
permits, variances or special permits are required, it shall so notify
the Building Inspector. The Board shall forward recommendations to
the Zoning Board of Appeals regarding the findings.
(7)
The Design Review Board shall, within the said twenty-one-day
period, either recommend approval or disapproval of the proposed sign,
or obtain a written agreement from the applicant to extend the time
to review the permit application so that the application may be modified
for reevaluation.
(8)
The Building Inspector must act within 30 days of the filing
of an application. If the Building Inspector fails to act within 30
days, such failure to act shall constitute a denial.
F.
Special permits for signs.
(1)
The Zoning Board of Appeals shall be the special permit granting
authority for signs.
(3)
The special permit granting authority may grant a special permit
for signs that do not comply with the provisions of this article,
provided that:
(a)
The sign's scale is determined to be in reasonable relation
to development scale, viewer distance and travel speed, and sign sizes
on nearby structures;
(b)
The sign's size, shape, and placement serve to define or enhance
architectural elements of the building such as columns, sill lines,
cornices, and roof edges, and do not unreasonably interrupt, obscure,
or hide them;
(c)
The sign's design is in harmony with other signage on the same
or adjacent structures, and provides reasonable continuity in mounting
location and height, proportions and materials;
(d)
The sign's materials, colors, lettering style, illumination
and form are reasonably compatible with building design, neighborhood
context and use; and
(e)
The sign's size, location, design and illumination are not judged
to present a safety hazard to vehicular or pedestrian traffic.
(4)
Notwithstanding the above the special permit granting authority shall not grant special permits for signs specifically prohibited by § 190-99C.
(5)
The Design Review Board shall make a report to the special permit
granting authority giving its recommendations regarding compliance
with the above criteria.
(6)
An unfavorable report of the Design Review Board shall indicate
which of the above criteria were not met and shall state what modifications
to the sign or signs could be made to render a favorable report.
(7)
The special permit granting authority may add conditions in
granting a special permit, including but not limited to: color, size,
illumination, hours of illumination, and removal.
G.
Review procedure when a special permit is required. In the case of an application for a sign permit requiring a special permit, the applicant shall provide the number of copies of application materials required under § 190-73D to the Zoning Board of Appeals.
(1)
Application packets are to be distributed as required by § 190-73D and three copies delivered to the Design Review Board.
(2)
Before the Zoning Board of Appeals considers the application,
the Design Review Board shall review the application and provide a
recommendation to the Zoning Board of Appeals.
(3)
Applicants for a sign permit are to be advised of the date and
time of the design review and may attend the meeting.
(4)
The Design Review Board shall forward recommendations to the
Zoning Board of Appeals in advance of the scheduled special permit
hearing.
I.
Powers of Building Inspector and other inspectors.
(1)
Issuance of permit. The Building Inspector shall, within 30
days, approve or reject any application for a sign filed with him
in accordance with all requirements of this article and all other
applicable laws, bylaws and regulations. Failure to act within the
thirty-day period shall constitute a denial.
(2)
Electrical inspections. Electrical permits are required for
any sign that is to be illuminated. The permit must be issued simultaneously
with the sign permit. The sign and the sign's power supply shall conform
to the National Electrical Code.
(3)
Applicability of Building Code. Signs shall be deemed to be
structures subject to all applicable provisions of the State Building
Code and to all of the powers thereby granted to the Building Inspector.
J.
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.
K.
Appeals. Appeals from administrative decisions may be made in accordance
with the same procedures for other zoning appeals and/or Building
Code appeals, depending upon the type of appeal being made.
M.
Removal of hazardous signs. The Building Inspector may direct the
removal of any sign, including an existing sign that may be a legal
nonconforming sign, if he determines such sign to be a hazardous signs.
A.
Purpose of the Design Review Board. The Design Review Board shall
review and make recommendations concerning all sign applications.
B.
Design Review Board.
[Amended 11-5-2018 RTM
by Art. 17]
(1)
Composition of the Design Review Board.
(a)
The Design Review Board shall be appointed by the Town Council
and consist of three residents of Wakefield, one of whom shall be
a member or associate member of the Zoning Board of Appeals, and the
other two of whom shall preferably have the following qualifications:
training and experience in the art or design professions, or qualified
by training and experience in architecture.
(b)
The Town Council may appoint up to two alternate members of
the Design Review Board. In the absence of a member, the Chairperson
of the Design Review Board may designate an alternate member to serve
in the place of the absent member. An alternate member so designated
may discuss, vote, and otherwise participate as a Design Review Board
member in matters that come before the Design Review Board.
(2)
Phased Implementation. Until such time as the Design Review
Board has been appointed and the Chairperson of the Design Review
Board provides written notification to the Zoning Board of Appeals
and the Town Council that the Design Review Board has been sufficiently
organized and ready to receive and review applications, the Zoning
Board of Appeals shall act as the Design Review Board.
C.
Authority and specific powers. Recommendations of the Design Review Board are advisory. The Design Review Board shall evaluate sign applications based on the design criteria set forth in § 190-102E below. The Design Review Board shall review applications for sign permits, meet with applicants for sign permits and provide recommendations to modify a sign's design to meet the design criteria in § 190-102E. The Design Review Board's findings, along with any recommended restrictions and conditions, shall be forwarded either to the Building Inspector and, if a special permit is required, to the Zoning Board of Appeals also. Sign permit applicants who meet all applicable criteria set forth in this article and who do not require a special permit are entitled to sign permits as of right from the Building Inspector, notwithstanding any negative recommendation by the Design Review Board; however, the Building Inspector shall endeavor to convince such an applicant to conform his sign to the reasonable suggestions of the Design Review Board.
D.
Pre-application review. Applicants for multiple signs and larger
projects are very strongly encouraged to request a pre-application
review at a regular business meeting of the Design Review Board. The
purpose of a pre-application review is to minimize the applicant's
costs of engineering and other technical experts, and to commence
dialogue at the earliest possible stage in the project's development.
E.
Design criteria. The Design Review Board shall review requests for
sign permits and special permits under this article based on the following
standards:
(1)
To the greatest extent practicable, signs shall be designed
to preserve and enhance the Town's New England character.
(2)
Signs shall harmoniously relate to the streetscape and other
surroundings, the building's architectural character, use, scale,
and architectural detail. Signs shall be related to their host building
with respect to:
(3)
Signs should contribute to a functional and vibrant downtown
that serves the modern needs of the residents of the Town. Without
limiting the generality of the foregoing, signs should be functional
and visually related to the use and design of the building to which
they will be attached, and such attachment should be effected by the
least destructive feasible method.
(4)
The work of the Design Review Board should lead over time to
the removal of incongruous signage that is visually disruptive to
historic structures and the architectural character of the neighborhood.
F.
Design guidelines. The Design Review Board may either publish guidelines based on the design criteria set forth and cited above in § 190-102E, and/or provide references to resource materials that facilitate an applicant's understanding of the purposes of this article.
G.
Responsibility to maintain the file system. Permits and application
files are to remain in the Building Inspector's office. Electronic
files provided by the applicant are to be stored on the Town's computer
system using a street address filing system cross-referenced with
tax map numbers.