[Amended 5-22-2007 ATM, Art. 24]
A.
Purpose.
|
The purpose of this Article is to allow such signs as are designed
to:
|
(1)
Preserve and enhance the appearance of the Town of Newbury and protect
our investment in buildings and open space.
(2)
Encourage sound signing practices for business identification and
public information.
(3)
Prohibit excessive and confusing sign displays.
(4)
Eliminate potential hazards to motorists and pedestrians created
by distracting and inappropriate sign displays.
(5)
Provide commercial signing which is used primarily as identification
and not as advertising.
B.
Definitions.
|
The term "sign" shall include any fabricated or outdoor display
structure consisting of any logo, letter, character, design, reading
matter, or illuminating device; constructed, fastened or manufactured
so that the same shall be used for the attraction of the public to
any place, firm, public performance, or merchandise and displayed
for advertising purposes.
| |
|
As used in this section, the following words and terms shall
have the following meanings:
|
(1)
Advertising Display Area — the copy area encompassed
within any simple geometrical figure which would enclose all parts
of the sign. It shall not include any structural supports for the
sign except to provide a frame for it, and provided that no copy is
included on such supports. In the case of two sided ground signs or
freestanding signs only 50% of the total of the two sides shall count
as part of the allowed sign area permitted in the applicable zone.
(2)
Animated Sign — any sign which attracts attention
by movement, changing colors, flashing or revolving. It shall not
include time-temperature signs.
(3)
Agricultural Sign — A sign which has wording
to advertise products raised or grown principally on the premises
and signs advertising these products which may be changed periodically
(4)
Awning or Canopies — All lettering or graphics
on awnings or canopies shall require a sign permit and count as part
of allowed sign area. No awning or canopy shall be illuminated in
such a way that the light from such illumination is directly visible
through the canopy or awning.
(5)
Directional Signs — any sign located on the
premises to provide for the safe flow of vehicular and pedestrian
traffic upon said premises.
(6)
Freestanding Sign — any mobile or portable
sign not securely attached to the ground or any building and intended
for temporary purposes.
(7)
Ground Sign — any permanent sign which is
erected on supports in the ground and not attached to any building.
(8)
Non-commercial use — a sign containing no
commercial message or intent, such as a "no trespassing" sign; or
a sign qualifying under a "freedom of speech" provision (e.g. a sign
expressing a belief or sentiment).
(9)
Roof Sign — any sign which is erected so as
to project higher than the cornice of the building on which it is
erected.
(10)
Off-Premise Sign — any sign erected to advertise
or give directions to an establishment or merchandise which is not
sold, produced, manufactured or furnished at the property on which
the sign is located.
(11)
Projecting Sign — any sign attached to a building
which projects more than twelve (12) inches from a building wall and
is intended to be read from the side.
(12)
Wall Sign — any sign painted or permanently
attached to and parallel with the wall of a building and extending
not more than twelve (12) inches from the wall of the building.
(13)
Window Sign — any sign installed on or attached
to a window of a building and intended to be viewed from the outside
of the building.
C.
Prohibitions.
|
The following types of sign are not allowed:
|
(1)
Animated signs
(2)
Roof signs
(3)
Off-Premise sign, except as follows: signs indicating locations of
places of public assembly or interest such as churches, schools, museums,
libraries, fraternal or civic organizations; provided they are otherwise
in conformity with this bylaw.
|
Off-Premise Agricultural Purpose signs are permitted subject
to the rules and regulations contained in "A Guide to Highway Signage
for Agricultural Purposes in the Town of Newbury" — see
Section 97-8.B(6)
|
(4)
Signs containing red or green lights, except for holiday signs.
(5)
Signs purposefully erected upon motor vehicles, trailers, or other
movable objects regularly or recurrently located with the intent of
fixed display.
(6)
Signs illuminated between the hours of 11:00 p.m. and 7:00 a.m.,
unless such premise is open to the general public during these hours.
(7)
Signs illuminated so as to cast a glare onto any portion of a way
which would create a traffic hazard. Nor shall any sign cause direct
illumination of adjacent property. Signs may be illuminated by the
following means unless noted otherwise in a specific zone:
(8)
Signs erected within the right of way of any street except for traffic
control and as specified in 97-8. B. (3) above.
(9)
No sign of any kind shall be attached to a public utility pole.
D.
Permits.
(1)
No sign shall be erected until Sign Permit has been issued by the
Building Inspector, except for those exempt signs described in Section
97-8.F of this Bylaw.
(2)
Site Plan Review if required in the district in which the sign will
be located, shall show building location and height, entrances and
exits. Parking arrangements, loading areas, sign location and height,
and a detailed drawing of the proposed sign shall accompany application.
(3)
All Sign Permits issued under this Bylaw shall be retained at all
times on the premises.
E.
General Requirements.
(1)
No sign in any district shall exceed 25 feet in height or be higher
than the main roof line of the building, whichever is greater.
(2)
No sign shall project over or extend beyond the property line.
(3)
No sign shall be erected so as to obstruct the vision of vehicular
traffic entering or exiting the premises.
(4)
In all districts, ground signs shall be set back a minimum of 10
feet from the traveled way or from the property line.
(5)
Agricultural Purpose Signs: in all districts, the placement, size
and type of sign shall conform to Section 97-8.I, Business Districts,
and to the rules and regulations set forth in "A Guide to Highway
Signage for Agricultural Purposes in the Town of Newbury" which may
be amended from time to time by vote of the Planning Board.
F.
Exempt Signs:
|
The following types of signs shall be exempt from the provisions
of this bylaw, except for construction and safety regulations:
|
(1)
Public Signs: Signs of a non-commercial nature and in the public
interest erected by, or on the order of, a public official in the
performance of his public duty, such as safety signs, danger signs,
trespassing signs, traffic signs, street signs, memorial plaques,
signs of historical interest, signs designating a public project or
improvement program and the like.
(2)
Integral Sign: Names of buildings, dates of erection, monumental
citations, commemorative tablets and the like when carved into stone,
concrete or similar material or made of bronze, aluminum or other
permanent-type construction and made an integral part of the structure.
(3)
Identifying signs used for 911 purposes.
(4)
Any sign of a non-commercial use. Such a sign shall not exceed 6
square feet in area.
(5)
Holiday signs.
(6)
Temporary signs: A maximum of three (3) temporary signs plus 1 for
each additional separately identifiable unit over one (1) shall be
allowed per lot. All temporary signs shall not exceed six (6) feet
in height and shall not exceed six (6) square feet each. Temporary
signs shall be set back at least ten (10) feet from the edge of the
traveled way, except where insufficient setback exists; in such cases,
signs shall be attached to a building wall facing the traveled way.
|
All temporary signage shall be removed within 14 days of the
completion of any specific event or election to which they may be
related
| |
|
The following types of signs do not require a permit but will
count toward the total number of allowed signs on a lot:
|
(a)
Construction signs: Signs identifying architects, engineers,
contractors and tradesmen involved with the construction, and signs
announcing the purpose for which the building is intended.
(b)
Real estate signs: Signs which advertise the sale, rental or
lease of the premises or part of the premises on which the signs are
displayed.
(c)
Political campaign signs: Signs announcing political positions
or candidates seeking public office and other data pertinent thereto.
(d)
Temporary signs may be erected on Town owned property upon application
to the Selectmen, provided all such signs are removed within fourteen
(14) days of the conclusion of the event or events. Such signs shall
respect the purposes set out in Section A of this bylaw and obey the
prohibitions set out in Section B of this bylaw.
(7)
Agricultural-Residential and Parker River Residential: Permits are
not required in these zones for the following:
(a)
One identification sign for each dwelling unit provided: such
sign shall not exceed two (2) square feet in surface area; if lighted,
it shall be illuminated with a white light directed solely at the
sign.
(b)
One identification sign for a home occupation that is registered
with the Town provided: such sign shall not exceed 6 square feet in
surface area; if lighted, it shall be illuminated with white light
directed solely at the sign.
(c)
One identification sign for each community facility or public
utility use, provided the sign shall not exceed thirty two (32) square
feet in surface area; if lighted, it shall be illuminated with white
light directed solely at the sign and it shall be set back at least
ten (10) feet from the street lot line.
(8)
All signs that do not meet the requirements in this section (Section
97-8.F) must apply for a Special Permit from the Zoning Board of Appeals.
G.
Agricultural-Residential and Parker River Residential Districts.
(1)
The following signs are allowed in all Residential Districts subject
to the provisions of Section 97-8.E. of this bylaw:
(a)
One Ground Sign for the permanent identification of a housing
development of twelve (12) or more dwelling units. The Advertising
Display Area shall not exceed twenty (20) square feet.
H.
Commercial Highway and Commercial Highway A.
|
The following signs are allowed in these two districts subject
to the provisions of Section 97-8.E. of this Bylaw.
|
(1)
One (1) Freestanding Sign pertaining to the sale, lease or use of
the lot or building on which the sign is erected. The Advertising
Display Area shall not exceed eighteen (18) square feet.
(2)
One Ground Sign for identification purposes and the advertising of
goods and services available. The Advertising Display Area shall not
exceed thirty-six (36) square feet.
(3)
One (1) Wall Sign for identification purposes. The Advertising Display
Area shall not exceed one (1) square foot for every two (2) lineal
feet of building wall to which it is attached.
(4)
Opaque window signs shall not cover more than a maximum of thirty
six (36) square feet of the window glass area in which it is located.
(5)
In mixed use or multi-tenant buildings, sign usage shall conform
to the following:
(a)
One (1) Ground Sign per lot for identification purposes of the
building and rentable unit located therein. The Advertising Display
Area shall not exceed thirty (30) square feet plus an additional four
(4) square feet for each tenant located therein.
(b)
One (1) Wall Sign per tenant for the identification of such
tenant. The Advertising Display Area shall not exceed one (1) square
foot for every two (2) lineal feet of the rentable unit's wall to
which it is attached.
|
OR
| |
|---|---|
|
One (1) Projecting Sign per tenant for the identification of
such tenant. The Advertising Display Area per tenant shall not exceed
six (6) square feet.
|
(c)
One (1) additional Wall Sign shall be allowed at a secondary
entrance from a parking area for the identification of tenants. The
Advertising Display Area per tenant shall not exceed two (2) square
feet.
(d)
One (1) Freestanding Sign pertaining to the sale, lease, or
use of the lot or building on which the sign is erected. The Advertising
Display Area shall not exceed eighteen (18) square feet.
I.
Business Districts.
[Amended 5-22-2012 ATM, Art. 22]
|
The following signs are allowed in the Byfield Village Business,
Upper Green Business, and Residential-Limited Business Districts subject
to the provisions of Section 97-8.E. of this By-Law.
|
(1)
One (1) Freestanding Sign pertaining to the sale, lease or use of
the lot or building on which the sign is erected. The Advertising
Display Area shall not exceed twelve (12) square feet.
(2)
One Ground Sign for identification purposes and the advertising of
goods and services available. The Advertising Display Area shall not
exceed eighteen (18) square feet.
(3)
One (1) Wall Sign for identification purposes. The Advertising Display
Area shall not exceed one (1) square foot for every two (2) lineal
feet of building wall facing the street from which its frontage is
derived.
(4)
Window Signs shall not cover more than twenty (20) percent of the
window glass area in which it is located.
(5)
In mixed use or multi-tenant buildings, sign usage shall conform
to the following:
(a)
One (1) Ground Sign per lot for identification purposes of the
building and tenants located therein. The Advertising Display Area
shall not exceed twenty (20) square feet
(b)
One (1) Wall Sign per tenant for the identification of such
tenant. The Advertising Display Area shall not exceed one (1) square
foot for every two (2) lineal feet of the tenant's wall facing the
street from which the building derives its frontage.
|
OR
| |
|---|---|
|
One (1) Projecting Sign per tenant for the identification of
such tenant. The Advertising Display Area per tenant shall not exceed
three (3) square feet.
|
(c)
One (1) Freestanding Sign pertaining to the sale, lease, or
use of the lot or building on which the sign is erected. The Advertising
Display Area shall not exceed eighteen (18) square feet.
J.
Light Industrial Byfield District.
[Amended 5-22-2012 ATM, Art. 21]
|
The following signs are allowed in the Light Industrial Byfield
District subject to the provisions of Section 97-8.E. of this By-Law:
|
(1)
One
(1) Freestanding Sign pertaining to the sale, lease or use of the
lot or building on which the sign is erected. The advertising Display
Area shall not exceed twenty-four (24) square feet.
(2)
One
(1) Ground Sign for identification purposes. The Advertising Display
Area shall not exceed thirty-six (36) square feet.
(3)
One
(1) Wall Sign for identification purposes. The Advertising Display
Area shall not exceed one (1) square foot for every two (2) lineal
feet of building wall facing the street from which the building derives
its frontage.
K.
Business
and Light Industrial District:
[Added 5-24-2011 ATM, Art. 23[1]]
|
The following signs are allowed in the Business and Light Industrial
District subject to the provisions of Section 97-8.E. of this By-Law:
|
(1)
One
(1) Freestanding Sign pertaining to the sale, lease or use of the
lot or building on which the sign is erected. The advertising Display
Area shall not exceed twenty-four (24) square feet.
(2)
One
(1) Ground Sign for identification purposes. The Advertising Display
Area shall not exceed thirty-six (36) square feet.
(3)
One
(1) Wall Sign for identification purposes. The Advertising Display
Area shall not exceed one (1) square foot for every two (2) lineal
feet of building wall facing the street from which the building derives
its frontage.
(4)
Opaque
window signs shall not cover more than a maximum of thirty six (36)
square feet of the window glass area in which it is located.
(5)
In mixed
use or multi-tenant buildings, sign usage shall conform to the following:
(b)
One
(1) Wall Sign per tenant for the identification of such tenant. The
Advertising Display Area shall not exceed one (1) square foot for
every two (2) lineal feet of the rentable unit’s wall to which
it is attached.
|
OR
| |
|---|---|
|
One (1) Projecting Sign per tenant for the identification of
such tenant. The Advertising Display Area per tenant shall not exceed
six (6) square feet.
|
(c)
One
(1) additional Wall Sign shall be allowed at a secondary entrance
from a parking area for the identification of tenants. The Advertising
Display Area per tenant shall not exceed two (2) square feet.
(d)
One
(1) Freestanding Sign pertaining to the sale, lease, or use of the
lot or building on which the sign is erected. The advertising Display
Area shall not exceed eighteen (18) square feet.
[1]
Editor’s Note: This article also redesignated former
Subsection K as Subsection L.
L.
Parker River Marine District.
[Added 5-22-2012 ATM, Art. 21[3]]
|
The following signs are allowed in the Parker River Marine District
subject to the provisions of Section 97-8.E. of this By-Law:
|
(1)
One (1) Freestanding Sign pertaining to the sale, lease or use of
the lot or building on which the sign is erected. The advertising
Display Area shall not exceed twenty-four (24) square feet.
(2)
One (1) Ground Sign for identification purposes. The Advertising
Display Area shall not exceed thirty-six (36) square feet.
(3)
One (1) Wall Sign for identification purposes. The Advertising Display
Area shall not exceed one (1) square foot for every two (2) lineal
feet of building wall facing the street from which the building derives
its frontage.
(4)
Opaque window signs shall not cover more than a maximum of thirty
six (36) square feet of the window glass area in which it is located.
(5)
In mixed use or multi-tenant buildings, sign usage shall conform
to the following:
(a)
One (1) Ground Sign per lot for identification purposes of the
building and rentable unit located therein. The Advertising Display
Area shall not exceed thirty (30) square feet plus an additional four
(4) share feet for each tenant located therein.
(b)
One (1) Wall Sign per tenant for the identification of such
tenant. The Advertising Display Area shall not exceed one (1) square
foot for every two (2) lineal feet of the rentable unit's wall to
which it is attached.
|
OR
|
|
One (1) Projecting Sign per tenant for the identification of
such tenant. The Advertising Display Area per tenant shall not exceed
six (6) square feet.
|
(c)
One (1) additional Wall Sign shall be allowed at a secondary
entrance from a parking area for the identification of tenants. The
Advertising Display Area per tenant shall not exceed two (2) square
feet.
(d)
One (1) Freestanding Sign pertaining to the sale, lease, or
use of the lot or building on which the sign is erected. The advertising
Display Area shall not exceed eighteen (18) square feet.
M.
Exceptions — only by Special Permit.[4]
|
Upon application duly made to the Zoning Board of Appeals, said
Board may in appropriate cases and subject to the general requirements
set out in Section 97-8.E above and appropriate safeguards and conditions,
grant a Special Permit for changes in:
| ||
|
(1)
|
Permitted size.
| |
|
(2)
|
Permitted setback.
|
|
Such exceptions may be allowed by Special Permit granted by
the Zoning Board of Appeals and are subject to the following requirements:
| ||
|
(1)
|
The Board finds that the increase does not detract from the
character of the neighborhood.
| |
|
(2)
|
The Board finds that the increase does not constitute a threat
to public health and safety.
| |
|
(3)
|
The proposed sign complies with all other sections of this bylaw.
|
O.
Sign Removal.
(1)
It shall be the responsibility of the property owner to remove any
sign identifying or advertising goods and services of a discontinued
business within sixty (60) days of being so notified by the Building
Inspector.
P.
Nonconforming Signs.
(1)
Signs legally existing on the effective date of this article, or
of any amendment hereto, may continue to be maintained; provided however
that any such sign that fails to conform to the current requirements
of this by-law shall not be enlarged or relocated.
(2)
Such signs shall be removed or brought into conformity upon the discontinuance
of the business or the failure to be maintained in accordance with
Section 97-8.L and shall be removed in accordance with Section 97-8.M
upon receipt of a Certified Letter from the Building Inspector.
(3)
There shall be no increase in any nonconformity.
