GENERAL REFERENCES
Zoning — See Ch. 23.
[6-28-2005]
Under authority of the General Laws, the City of Pittsfield
adopts this chapter for the regulation and restriction of signs and
other outdoor, visual advertising devices on public ways, on private
property within public view, in public parks, and in playgrounds.
The purposes of these sign regulations are to encourage the effective
use of signs as a means of communication in the City; to maintain
and enhance the aesthetic environment of the City; to encourage the
City's ability to attract sources of economic development and growth;
to improve pedestrian and traffic safety; and to minimize the possible
adverse effect of signs on nearby public and private property.
[6-28-2005]
Words and phrases used in this chapter shall have meanings set
forth in this section. Words and phrases not defined in this section
but defined in the Zoning Ordinance of the City[1] shall be given the meanings set forth in the Zoning Ordinance.
All other words and phrases shall be given their common, ordinary
meaning, unless the context clearly requires otherwise.
A sign relating in its subject matter to the premises upon
which it is located or to the primary products, accommodations, services,
or activities upon the premises.
A sign that uses movement, moving images or changes of lighting
to depict action or create a special effect or scene.
The area of a sign shall be determined by measuring the area
within the perimeter which forms the outside shape of display elements
from the top of the highest display elements to the bottom of the
lowest display elements and from exterior side to exterior side of
display elements, including in such measurement any black or open
area between display elements. Display elements include any letters,
words, trademarks, logos, and symbols. Any frame around the sign shall
be included in the measurement, but the measurement shall not include
any supporting structure or bracing. Any such measurement shall be
taken on only one face of the sign, although informational or advertising
matter may be displayed on both sides of any permitted sign.
A sign in excess of 200 square feet in area and located on
a lot, building or roof but unrelated to a business or profession
conducted, to a service offered or to a commodity sold upon the premises
where such sign is located.
A sign attached to any part of a building, as contrasted
with a freestanding sign, including wall signs, projecting signs and
window signs.
A single store, office, research facility, manufacturing
facility, or noncommercial establishment, or similar location for
a single activity.
A group of five or more businesses which collectively have
a name different from the name of any of the individual businesses
and which have common private parking and entrance facilities.
Any wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, accommodation, service, or commercial activity.
A sign which lists the tenants or occupants of a premises
and may indicate respective professions.
A sign supported by uprights, braces, structures or supports
that are placed on or anchored in the ground and that are independent
from any building or other structure, including pole signs, ground
signs and sandwich signs.
A freestanding sign in contact with or within six inches
of the ground surface.
An accessory sign 50 or more years old that is structurally
safe, or any other sign designated by an accredited historic association
or governmental agency to have historical significance.
A sign that has characters, letters, figures, designs, or
outlines illuminated by electric lights or luminous tubes.
An informational sign, no larger than two square feet, which
has a purpose secondary to the use of the premises on which it is
located, such as "loading only," "no parking," "entrance," "telephone,"
"credit cards accepted," "open," "closed," "back in one hour" and
other similar directives. No sign with a commercial message with lettering
greater than two inches in height shall be considered an incidental
sign.
The duly appointed inspector of buildings for the City of
Pittsfield, local inspector, or any alternate inspector who meets
the qualifications set forth in 780 CMR 107.3.
A parcel of land in single ownership that is recognized as
a separate zoning lot.
A projecting sign attached to or hung from a marquee, canopy
or other covered structure, projecting from and supported by the building
and extending beyond the building wall, building line or street line.
A freestanding sign elevated more than six inches above the
ground surface by a supporting structure.
A sign not securely anchored to the ground or to a building
or structure and which obtains some or all of its structural stability
with respect to wind or other normally applied force by means of its
geometry or character, or a sign designed to be transported, including,
but not limited to, posters, sandwich signs, temporary signs, balloons,
flags used as signs, banners, streamers, pennants, umbrellas used
for advertising, wheeled signs, signs on portable letter boards, and
signs mounted on, attached to or painted on vehicles parked and visible
from a public right-of-way.
A sign no more than eight square feet in area printed on
cardboard, paper or other similar nondurable material and not permanently
attached to the ground, a building or other permanent structure. Said
sign shall include, but not be limited to, the advertising of goods
and services that are weekly or monthly specials, or other types of
temporary specials. Said signs shall be exempt from the limitations
set forth in Section 5.3A and B, but shall not be exempt from the
provisions of Section 4.8.
A single residence, building or place of business.
A sign attached directly to a building wall, and which extends
more than 15 inches from the face of the wall, including, without
limitation, so-called shingle signs, marquee signs and signs on canopies
and awnings.
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An A-frame, T-frame, menu or sandwich sign.
Any fabricated sign or outdoor display structure, including
its structure, consisting of any letter, figure, character, mark,
point, plane, marquee sign, design, poster, pictorial, picture, stroke,
stripe, line, trademark, reading matter or illuminating device, constructed,
attached, erected, fastened or manufactured in any manner whatsoever
so that the same shall be used for the attraction of the public to
any place, subject, person, firm, corporation, public performance,
article, machine or merchandise whatsoever, and displayed in any manner
to advertise, identify, or communicate information of any kind to
the public. All such devices, fixtures, placards and structures visible
from a public right-of-way, whether on the exterior or interior of
a building, shall be considered signs.
The boundary of the pubic right-of-way and private property,
although the way may not have been constructed to its full width or
although less than its full width is open or devoted to public travel.
A sign constructed of cloth, fabric or other light temporary
material, with or without a structural frame, intended for a limited
period of display and not permanently mounted, including a decoration
display for holidays or public demonstrations, poster, other paper
or cardboard sign, flag, banner, streamer, pennant, string of lights,
or string of pennants.
A sign painted on or attached directly to a fence or to the
surface of masonry, concrete, frame or other approved building wall
and which extends not more than 15 inches from the face of the fence
or wall.[2]
A sign on exterior windowpanes or glass or placed inside
an exterior window or mounted inside the window and intended to be
visible from the exterior of the window.
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[6-28-2005]
Articles 25-5 through 25-8 of this chapter shall not apply to
the following signs:
3.1
Noncommercial signs. Signs having no commercial message and which
bear only house numbers, post box numbers, names of residents, or
identification of premises and not exceeding two square feet in area
per premises.
3.2
Flags. Governmental flags and governmental insignia, except when
displayed with a commercial message or in connection with a commercial
promotion.
3.3
Legal notices. Legal notices and identifications not exceeding two
square feet in area, including "No Trespassing" and "No Hunting" signs.
3.4
Information and directional signs. Informational, directional, traffic
or warning signs erected or required by governmental agencies or bodies,
including signs directing traffic to hospitals, parking areas, highways,
cultural institutions and commercial areas.
3.5
Incidental signs.
3.6
Memorial signs. Memorial signs, plaques, or tablets.
3.7
For sale signs. "For Sale" or "For Rent" signs, not exceeding (a)
eight square feet in aggregate area per premises in a nonresidential
district or (b) six square feet in aggregate area per premises in
a residential district and which advertise for sale or for rent only
the premises upon which the sign is located. Sections 4.8 and 4.10
of this chapter shall also not apply to such signs. Such signs shall
be removed promptly when the advertised sale or rental is concluded.
3.8
Historical markers. Historical markers erected or placed by an accredited
historical association or governmental agency.
3.9
Historical signs. Historic signs.
3.10
Vending machine signs. Permanent signs on vending machines, gas pumps,
ice containers or similar devices indicating only the contents of
such devices.
3.11
Works of art. Works of art that do not include a commercial message.
3.12
Holiday lights. Holiday lights and decorations which do not include
a commercial message, and which are displayed for a limited period
of time no longer than 75 continuous days and no longer than 120 days
per year at any premises.
3.13
Signs exempted by law. Signs described in MGL c. 93, § 32.
[6-28-2005]
4.1
Roof signs. No sign shall be placed on a building above the eveline
or gable, hip, or gambrel; above the parapet or eve on a flat or deck
roof; on any part of or above the mansard portion of a mansard or
French style roof; or on any part of or above the roof portion of
an A-frame structure.
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4.2
Illuminated signs. Any illuminated sign shall employ only lights
emitting a constant intensity, and no sign shall be illuminated by
a flashing, intermittent, rotating, or moving light or lights. In
no event shall an illuminated sign or lighting device be placed or
directed to permit the beam or illumination to cause glare or reflection
that may constitute a traffic hazard or nuisance. Illuminated signs
in or adjacent to a residential district shall be either (a) turned
off between 11:00 p.m. and 6:00 a.m. or (b) sufficiently screened
so as to prevent a beam or illumination from shining into any adjoining
residence.
4.3
Traffic signs. No sign, except as otherwise provided in this chapter,
shall use the words "stop," "danger," or any other word, phrase, symbol,
or character that might be misconstrued as a public safety warning
or traffic sign.
4.4
Freestanding signs. The top of a freestanding sign shall not exceed
in height the lesser of (a) 25 feet above grade or (b) five feet higher
above grade than the distance from the base of the pole to the street
line. A freestanding sign shall not be placed within five feet of
the street line or lot line of the premises (or, if the distance between
a building on the premises and the lot line or street line shall be
less than 10 feet, 1/2 of such distance), nor within the setback required
by the Zoning Ordinance,[1] if any. If a pole sign shall be within 10 feet of a street
line, it shall have a minimum clearance of 10 feet between grade and
the bottom of the sign.
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4.5
Traffic sight lines. No sign shall be erected so as to constrict
traffic sight lines for drivers or pedestrians. A freestanding sign
shall not be placed within the triangle formed by connecting the point
at the intersection of any street lines with the points on each street
line 20 feet from such intersection.
4.6
Abandoned signs. Any sign which has been abandoned or which advertises
a business no longer conducted at the premises shall be removed within
30 days of abandonment or cessation of such business.
4.7
Moving signs. Rotating signs, animated signs, rotating beacons, and
otherwise moving signs shall be prohibited.
4.8
Temporary signs. Temporary signs (other than posters) shall not be
posted for more than 75 continuous days. Posters shall not be displayed
for more than 120 continuous days. If any premises shall have any
temporary signs posted for more than 120 days in any calendar year,
all such signs at such premises shall not be considered temporary
signs for the purposes of this chapter. Temporary signs must be removed
promptly when the event advertised is concluded.
4.10
Portable signs. Portable signs shall be prohibited, except (a) those
painted or affixed to a duly registered motor vehicle, provided that
such vehicle is not continuously parked in one location for a period
in excess of two weeks and is used in the day-to-day operation of
the business conducted at the premises at which such vehicle is parked,
(b) temporary signs otherwise in compliance with this chapter, and
(c) sandwich signs otherwise in compliance with this chapter and all
regulations of the Department of Public Services.
[Ord. No. 1160, § I, 9-29-2015]
4.11
Number of signs. The total number of signs (excluding permitted temporary
signs and excluding signs described in Article 25-3) shall not exceed
five per business, and the total number of signs (including permitted
temporary signs but excluding signs described in Article 25-3) shall
not exceed eight per business. For the purpose of determining number
of signs, a sign shall be considered to be a single display surface
or display device containing elements organized, related and composed
for form a unit.
4.12
Sign posts. Sign posts and supports shall not contain lettering.
4.13
Pole signs. When calculating square feet of signs for purposes of
maximum square footage allowed by this chapter, the actual square
footage of pole signs shall be multiplied by 125%. Pole signs shall
be limited to one per lot, regardless of the number of businesses.
No pole sign shall be constructed within 50 feet of another pole sign.
4.14
Signs for multiple businesses. Freestanding signs containing signs
for more than one business shall not exceed 100 square feet in the
aggregate and shall only contain signs of consistent and uniform coloring,
lighting, lettering and other characteristics.
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4.15
Projecting signs. Projecting signs (except those on marquees, canopies
and awnings) shall not extend more than five feet over the public
right-of-way. Marquee signs and projecting signs on canopies and awnings
shall not extend more than eight feet over the public right-of-way.
Projecting signs shall not be closer than three feet to the curbline.
No portion of any projecting sign (or such marquee, canopy or awning
on which it is located) shall be lower than 10 feet above grade. All
canopies and awnings shall comply with other applicable ordinances
and regulations.
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4.16
Marquees. The changeable copy of marquee signs shall contain only
advertising for current or upcoming events. Each marquee shall be
constructed to meet the following requirements:
A.
It shall be equipped with gutters and conductors for the purpose
of draining water toward the building to which it is attached, and
shall not discharge ice, water or snow onto the street or the walk;
B.
If such marquee shall be glazed, it shall be glazed with wire glass
not less than 1/4 of an inch in thickness and be safely supported;
and
C.
It shall safely support its own weight plus a superimposed load of
30 pounds per square foot, equally distributed, in addition to any
concentrated load to which it may be subjected.
4.17
Window signs. Window signs shall not exceed in aggregate square feet
60% of the total square footage of the window or glass door on which
they are located, except that temporary window signs, posted for no
longer than 75 days (a) in connection with the opening of a business
or (b) during the period from August 25 through November 8 of any
election year, may cover the entire window area.
4.18
Structural condition. All signs shall be maintained in a good repair,
in good structural condition and in compliance with all building and
electrical codes. No sign shall be erected so as to obstruct any door,
window or fire escape.
4.19
Trees, etc. No sign shall be permitted on trees, light poles, telephone
poles, or street identification signs.
4.20
Accessory signs. Signs solely advertising brand names or products
sold at the premises shall not be considered accessory signs, unless
such brand name products constitute the majority of products sold
at the premises.
[6-28-2005]
5.1
Districts. For the purpose of this chapter, the districts as established
on the City of Pittsfield Zoning Map, as amended from time to time,
are hereby adopted by reference.
5.2
Signs permitted in all districts without a permit from the inspector
of buildings. The following signs are allowed in all districts without
a permit from the inspector of buildings, payment of a fee or posting
of a bond.
A.
Civic organizations. One accessory sign per premises not to exceed
24 square feet in area for any of the following organizations: religious
institutions, school, museum, civic or service organization, community
recreational facility, or library, such sign to indicate only the
name, current displays, or current activities of such organization.
B.
Home occupations. One accessory sign per premises not to exceed two
square feet advertising a permitted home occupation.
C.
Directory signs. Directory signs not to exceed 12 square feet in
area.
D.
Entryway signs. Signs on an entryway to the City containing information
regarding community or civic organizations, not to exceed either (a)
one sign per entryway per organization not to exceed two square feet
in area each or (b) one sign per entryway for all such organizations
not to exceed 12 square feet in area; all such signs subject to applicable
regulations of the Department of Public Services and the Highway Department.
E.
Directional signs. Directional signs for the purpose of giving directions
to a religious institution, school, museum, community recreational
facility, library, or licensed inn holder, not to exceed two square
feet in area, and subject to applicable regulations of the Department
of Public Services.
[Ord. No. 1160, § II, 9-29-2015]
F.
Construction site signs. Signs on active construction sites that
denote the contractor, architect, engineer, or funding agency, not
to exceed 24 square feet in area in the aggregate per site in nonresidential
districts or 12 square feet in area in the aggregate per site in residential
districts.
G.
Temporary signs. Temporary signs not to exceed 12 square feet in
aggregate area per premises in a residential district and not to exceed
50 square feet in aggregate area per premises in a nonresidential
district.
H.
Posters. Posters of religious, charitable, civic, fraternal, political,
or similar organizations or of candidates for political office.
5.3
Signs permitted in residential districts with permits from the inspector
of buildings and payment of a fee. The following signs allowed in
residential districts require a permit from the inspector of buildings,
and payment of a fee as set forth in Article 25-6:
A.
Subdivision signs. One sign advertising any real estate development
or subdivision, not to exceed 12 square feet in area.
B.
Nonresidential use in residential district. One unlighted accessory
sign per premises advertising a permitted nonresidential use in a
residential district (other than permitted home occupations), not
to exceed 12 square feet in area.
5.4
Signs permitted in business, industrial and special districts with
permits from the inspector of buildings and payment of a fee. Signs
in business, industrial and special districts require a permit from
the inspector of buildings and payment of a fee as set forth in Article
25-6, and are subject to the following restrictions:
A.
Sign limits. Each business in a business, industrial or special district
shall be allowed one or more accessory signs which shall not exceed
100 square feet in the aggregate, provided that a business with frontage
on two or more streets shall be allowed an additional accessory sign
or signs directed toward such additional street or streets which shall
not exceed 50 additional square feet in the aggregate.
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B.
Frontage limits. The combined surface area of all signs on any premises
shall not exceed four square feet in the aggregate per linear foot
of frontage of the face of the building or of the lot on which such
signs are located, whichever is greater.
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C.
Business center signs. In addition to other signs allowed to individual
businesses, a business center shall be allowed one common accessory
sign for each approved curb cut or driveway, not to exceed 100 square
feet in area and only for the purpose of identifying the business
center and the individual businesses. Signs for any individual business
not in excess of 10 square feet per business or 50 square feet in
the aggregate shall be allowed on such sign, provided that such individual
business signs included on such common business center sign shall
be consistent with the business center sign with uniform colorings,
lighting, lettering and other characteristics.
D.
Sandwich signs. Sandwich signs shall be allowed in business, industrial
or special districts. Sandwich signs shall not exceed 12 square feet
in area each and shall not exceed one square foot in the aggregate
per lineal foot of frontage of the face of the building or of the
lot on which such signs are located, whichever is greater. Sandwich
signs must be within 15 feet of the advertised premises and must relate
in subject matter to accommodations, services or activities upon the
advertised premises. Sandwich signs must comply with applicable regulations
of the Department of Public Services.
[Ord. No. 1160, § III, 9-29-2015]
E.
Projection signs. Projecting signs shall be allowed in BID Districts
only. Only one projecting sign shall be allowed per business, and
shall be allowed only instead of, not in addition to, any permitted
freestanding signs. Projecting signs shall not exceed 15 square feet
in area, and shall not exceed one square foot of sign area per lineal
foot of frontage of the face of the building or of the lot on which
such sign is located, whichever is greater, except that marquee signs
shall not exceed 50 square feet on each surface. No projecting signs
shall be constructed within 30 feet of another projecting sign. Projecting
signs shall require the posting of a bond as set forth in Section
6.3.
F.
"Open" flags. "Open" flags shall be allowed in business, industrial
or special districts. One flag shall be allowed per premises, in good
repair, no larger than six square feet in area, without a commercial
message, displayed only while the business conducted at the premises
is open, and indicating that the business conducted at the premises
is open or other similar message.
[6-28-2005]
6.1
Applications. For all signs permitted by Sections 5.3 and 5.4, the
owner of the premises (or owner's agent) shall apply to the inspector
of buildings for the issuance of a sign permit on such application
form as shall be acceptable to the inspector of buildings. All applications
shall indicate the size, location, lighting, building materials and
specifications for each proposed sign. The inspector of buildings
shall be responsible for the review of the application, issuance of
the sign permit, and enforcement of the provisions of this chapter.
The inspector of buildings shall act upon a completed sign application
within 60 days of its receipt. Each permit issued under the provisions
of this chapter shall continue in effect until the sign is removed
or the sign permit is revoked, canceled or otherwise terminated. The
granting of a sign permit shall not relieve the owner or operator
from procuring any permit or license required by any other provision
of law or of this Code or other ordinances of the City.
6.2
Fees. Signs permitted by Sections 5.3 and 5.4 require the payment
of a fee for the issuance of a sign permit. Said fee shall be $50
for any sign costing less than or equal to $2,000 to construct and
install and $150 for any sign costing more than $2,000 to construct
and install, payable to the office of the inspector of buildings upon
the issuance of the sign permit.
6.3
Bonds. Projecting signs require the posting of a bond with the inspector
of buildings, satisfactory to the City Solicitor as to form, and in
the penal sum hereinafter set forth, duly executed by the applicant
and a surety company qualified to do business in the commonwealth,
conditioned to indemnify the City against any and all claims (including
the cost of a trial) for personal injuries, consequential damages,
and death, or damage to property resulting from the placing, construction,
or maintenance or removal of such sign, and further conditioned to
pay all judgments obtained against the owner or operator of the premises
upon or to which the sign is to be placed, or against any person subsequently
becoming the owner or operator of such premises, or the owner of such
sign, or liable for its proper maintenance, by reason of personal
injuries or damage to property resulting from the placing, construction
or maintenance or removal of such sign. The penal sum of such bonds
shall be as follows:
A.
For damage to property, $100,000; and
B.
For personal injuries, including consequential damages and death,
$1,000,000.
Such bond or one similar in effect and amount shall be maintained
in force for each such sign as long as it is maintained or until permission
is given by the inspector of buildings to release or discharge the
same. The failure to maintain such bond in force shall automatically
terminate the sign permit under which such sign was erected and maintained.
A liability insurance policy giving the same protection to the
City may be substituted for such bond.
6.4
Violations. Violations of this chapter shall be penalized by the imposition of a fine pursuant to Chapter 4 1/2 of the City Code.
6.5
Enforcement. The inspector of buildings is authorized to order the
repair or removal of any sign and its supporting structure which,
in his judgment, is dangerous, in disrepair or which is maintained
contrary to this chapter. The owner of the premises shall be responsible
for reimbursing the City for all expenses of removing and disposing
of any abandoned or dangerous sign or sign in disrepair or maintained
contrary to this chapter.
6.6
Transfer of ownership. Upon the sale or transfer of ownership of
any sign, or business or premises to which a sign relates, the new
owner shall file with the inspector of buildings a written application
for the transfer of the sign permit for such sign. Such application
shall be accompanied by a certification that such sign complies with
the provisions of this chapter. Such sign permit shall be transferred
by the inspector of buildings, subject to the filing of any necessary
bond by the applicant.
6.7
Appeals; exceptions. Any person aggrieved by a decision of the inspector
of buildings regarding an application for a sign permit or enforcement
of this chapter may appeal that decision to the Sign Appeals Board.
Any person seeking a sign not in conformity with this chapter may
request an exception from the Sign Appeals Board. The Sign Appeals
Board shall establish applications for appeals and exceptions, which
shall be accompanied by a fee in the amount of $50 (which fee may
be waived by the Sign Appeals Board for exceptions to the entities).
Appeals and applications for exceptions to the Sign Appeals Board
shall be heard at public hearings, and all appellants or applicants
shall notify, in writing, abutters of the location of the sign at
issue at least 14 days in advance of any hearing in a manner acceptable
to the Sign Appeals Board. Appellants or applicants shall also publish
notice of the hearing in a manner acceptable to the Sign Appeals Board.
The Sign Appeals Board may, within its discretion, grant exceptions
in cases that involve practical difficulties or unnecessary hardships
when the Sign Appeals Board finds:
A.
That the alleged hardships and/or practical difficulties are peculiar
to the premises, the business or the person requesting the exception
and result from conditions which do not exist generally throughout
the City; and
B.
That allowing the exception will result in a balance of the competing
interests, considering the public benefits intended to be secured
by this chapter, the individual hardships that will be suffered by
the failure of the Board to grant an exception, the compatibility
of the proposed exception with its surroundings, and the rights of
others whose property would be affected by the allowance of the exception.
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In making such findings, the Sign Appeals Board shall consider
the following:
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A.
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The hardships or difficulties demonstrated by the aggrieved
person must be greater the larger the request proposed sign.
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B.
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Exceptions for temporary signs in connection with conventions,
celebrations, parades or other special events shall be granted without
a showing of substantial hardship.
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C.
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Economic hardships may be sufficient grounds for an exception.
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D.
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Design issues specific to the applicant or the premises may
be considered as grounds for an exception.
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E.
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How recently a nonconforming sign has been erected and its remaining
useful life may be considered as grounds for an exception.
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The Zoning Board of Appeals may under no circumstances grant
an exception allowing total signage in excess of 50% more than allowed
under Section 5.4.
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[6-28-2005]
The Zoning Board of Appeals will act as the Sign Appeals Board.
[6-28-2005]
A sign erected prior to the effective date of this chapter which
was permitted by previous regulations contained in the Zoning Ordinance[1] or other ordinances of the City but which is not in conformity
with the provisions of this chapter shall be considered a nonconforming
sign, except that any sign erected prior to the effective date of
this chapter and which is in compliance with all sections of this
chapter except Section 4.4 may be maintained and shall not be considered
a nonconforming sign.
Nonconforming signs may be maintained, except as hereafter provided:
A.
A nonconforming sign shall not be changed to another sign not in
conformity with this chapter.
B.
A face replacement that involves any alteration to the face itself
constitutes a substantial change.
C.
A nonconforming sign shall be brought into compliance with this chapter
if the owner of a premises upon which a nonconforming sign is located
shall change the use of the premises, or shall change the location
of the sign, the building, or the property line in a manner that renders
the sign to be nonconforming.
D.
A nonconforming sign shall not be maintained or reestablished after
the activity, business, or usage to which it relates has been discontinued
for 30 days or longer.
E.
By January 1, 2009, all nonconforming signs shall be brought into
compliance with this chapter or shall, upon application, be granted
an exception by the Zoning Board of Appeals under the standards set
forth in Section 6.7.
