A.
Purpose. The purpose of this bylaw shall be to coordinate the type,
placement, and physical dimensions of signs within the different land-use
zones; to recognize the commercial communications requirements of
all sectors of the business community; to encourage the innovative
use of design; to promote both renovation and proper maintenance;
to allow for special circumstances; and to guarantee equal treatment
under the law through accurate recordkeeping and consistent enforcement.
These shall be accomplished by regulation of the display, erection,
use, and maintenance of signs. The use of signs is regulated according
to zone. The placement and physical dimensions of signs are regulated
primarily by type and length of street frontage. No sign shall be
permitted as a main or accessory use except in accordance with the
provisions of this bylaw.
B.
Scope. This bylaw shall not relate to building design; nor shall
the bylaw regulate official traffic or governmental signs; the copy
and message of signs; signs not intended to be viewed from a public
right-of-way; window displays; product dispensers and point-of-purchase
displays; scoreboards on athletic fields; flags of any nation, government
or noncommercial organization; gravestones; barber poles; religious
symbols; commemorative plaques; the display of street numbers; or
any display or construction not defined herein as a sign. Thus, the
primary intent of this bylaw shall be to regulate signs of a commercial
nature intended to be viewed from any vehicular public right-of-way.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product, or activity, and/or for
which no legal owner can be found.
Any sign which uses movement or change of lighting to depict
action or to create a special effect or scene (compare "flashing sign").
See "sign, area of."
A shelter projecting from and supported by the exterior of
a building constructed of nonrigid materials on a supporting framework
(compare "marquee").
A sign painted on, printed on, or attached flat against the
surface of an awning.
A sign made of fabric or any nonrigid material with no enclosing
framework.
See "off-premises sign."
A sign on which the copy changes automatically on a lampbank
or through mechanical means, e.g., electrical or electronic and temperature
units.
A sign on which copy is changed manually in the field, e.g.,
readerboards with changeable letters.
The smallest vertical distance between the grade of the adjacent
street or street curb and the lowest point of any sign, including
framework and embellishments, extending over that grade.
A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property
on which the sign is located.
The wording on a sign surface in either permanent or removable
letter form.
An on-premises sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking and exit and entrance signs.
A sign with two faces.
A sign or sign structure in which electrical wiring, connections
or fixtures are used.
A sign capable of displaying words, symbols, figures or images
that can be electronically or mechanically changed by remote or automatic
means. An EMC may be allowed only upon grant of a special permit from
the Planning Board and shall be subject to all of the following standards:
The EMC shall contain messages using only letters, numbers and
symbols (as punctuation marks and mathematical symbols) and static
images, but shall not contain moving images;
Each message on the EMC sign shall be displayed for a minimum
of 10 seconds;
The change of the message shall be accomplished immediately
(no dissolve, fade, scrolling or travel of the message);
No more than one EMC shall be allowed per lot;
The maximum size for an electronic message center shall not
exceed 16 square feet in area;
Each EMC shall have a default mechanism that freezes the sign
in one position if a malfunction occurs;
Notwithstanding any other section of this bylaw, an EMC shall
not be lit between the hours of 11:00 p.m. and 6:00 a.m., except as
special emergency messages (for example, an Amber Alert, major road
hazard, etc.);
Each EMC shall have a light detector which automatically adjusts
the brightness according to ambient light conditions;
Each EMC shall contain a brightness regulator which does not
allow the sign to register more than 0.3 footcandle over ambient light
levels and shall be accompanied by a manufacturer's certification
of such compliance.
The entire building front, including the parapet.
The area of a sign on which the copy is placed.
A string of ribbons, tinsel, small flags, or pinwheels.
A sign which contains an intermittent or sequential flashing
light source used primarily to attract attention; does not include
changeable copy signs, or signs which, through reflection or other
means, create an illusion of flashing of intermittent light (compare
"animated sign," "changeable copy sign").
A sign supported upon the ground by poles or braces and not
attached to any building.
The length of the property line of any one premises along
a public right-of-way on which it borders.
The length of an outside building wall on a public right-of-way.
Any temporary or permanent sign erected and maintained by
the Town, county, state, or federal government for traffic direction
or for designation of or direction to any school, hospital, historical
site, or public service, property or facility.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less (compare "clearance").
A sign whose copy is limited to the name and address of a
building, institution, or a person and/or to the activity or occupation
being identified.
A sign which does not meet the requirements of this code
and which has not received legal nonconforming status.
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
A small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises, e.g., a credit
card sign or a sign indicating hours of business.
A parcel of land legally defined on a subdivision map recorded
with the assessment department or land registry office, or a parcel
of land defined by a legal record of survey map.
The cleaning, painting, repair, or replacement of defective
parts of a sign in a manner that does not alter the basic design or
structure of the sign.
A sloped roof or roof-like facade architecturally comparable
to a building wall.
A permanent roof-like structure or canopy of rigid materials
supported by extending from the facade of a building (compare "awning").
Any sign attached to or supported by a marquee structure.
A nonelectric on-premises identification sign giving only
the name, address, and/or occupation of an occupant or group of occupants.
The portion of a building or premises owned, leased, rented,
or otherwise occupied for a given use.
A sign structure advertising an establishment, merchandise,
service, or entertainment which is not sold, produced, manufactured,
or furnished at the property on which said sign is located, e.g.,
"billboards" or "outdoor advertising."
A sign which pertains to the use of the premise on which
it is located.
A person recorded as such on official records. For the purposes
of this bylaw, the owner of the property on which a sign is located
is presumed to be the owner of the sign unless facts to the contrary
are officially recorded or otherwise brought to the attention of the
Building Inspector, e.g., a sign leased from a sign company.
Any sign which is applied with paint or similar substance
on the face of a wall.
The extension of a false front or wall above a roofline.
Any individual, corporation, association, firm, partnership,
or similarly defined interest.
Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser.
Covers enclosing or decorating poles or other structural
supports of a sign.
A temporary sign used in connection with a local, state,
or national election or referendum.
Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building, not to include
banner signs (see definition of "banner sign").
A parcel of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest conveyable
unit of real estate.
A sign, other than a flat wall sign, which is attached to
and projects from a building or wall or other structure not specifically
designed to support the sign.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
The top edge of a roof or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
Any sign erected over or on the roof of a building (compare
"mansard," "wall signs").
A sign in which the sign itself or any portion of the sign
moves in a revolving or similar manner. Such motion does not refer
to methods of changing copy.
Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services (compare § 175-8.1B).
Projecting and freestanding. The area of a freestanding or projecting
sign shall have only one face (the largest one) of any doubled-faced
or multi-faced sign counted in calculating its area. The area of the
sign shall be measured as follows if composed of one or two individual
cabinets:
The area around and enclosing the perimeter of each cabinet
or module shall be summed and then totaled to determine the total
area. The perimeter of measurable area shall not include embellishments
such as pole covers, framing, decorative roofing, etc., provided that
there is not written advertising copy on such embellishments.
If the sign is composed of more than two sign cabinets or modules,
the area enclosing the entire perimeter of all cabinets and/or modules
within a single, continuous geometric figure shall be the area of
the sign. Pole covers and other embellishments shall not be included
in the area of measurement if they do not bear advertising copy.
Wall signs. The area shall be within a single, continuous perimeter
composed of any straight-line geometric figure which encloses the
extreme limits of the advertising message. If the sign is composed
of individual letters or symbols using the wall as the background
with no added decoration, the total sign area shall be calculated
by measuring the area within the perimeter of each symbol or letter.
The combined areas of the individual figures shall be considered the
total sign area.
A temporary sign or poster affixed to a tree, fence, etc.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex, or residential development.
A sign not constructed or intended for long-term use.
Unless the context clearly discloses a contrary intent, the
word "Town" shall mean the Town of Norton.
A sign suspended beneath a canopy, ceiling, roof or marquee.
The purpose for which a building, lot, sign, or structure
is designed, occupied or maintained.
A sign attached parallel to and extending not more than 18
inches from the wall of a building. This definition includes painted,
individual letter, and cabinet signs, and signs on a mansard.
A sign installed inside a window and intended to be viewed
from the outside.
It shall hereafter be unlawful for any person to erect, place,
or maintain a sign in the Town of Norton except in accordance with
the provisions of this bylaw.
A.
Signs prohibited. The following types of signs are prohibited in
all districts:
(1)
Abandoned signs.
(2)
Any sign which, by reason of its location, shape, size, or color,
will interfere with traffic signs, signals, or markings.
(3)
Signs imitating or resembling official traffic or government
signs or signals.
(4)
Flashing or animated signs.
(5)
Semi-tractor trailers left abandoned.
B.
Permits required. Unless otherwise provided by this bylaw, all signs shall require permits and payment of fees as described in § 175-11.3 of this bylaw. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.
C.
Signs not requiring permits. The following types of signs are exempted
from permit requirements but must be in conformance with all other
requirements of this bylaw:
(1)
Signs used by churches, synagogues, or civic organizations.
(2)
Construction signs of 32 square feet or less.
(3)
Directional/Information signs of six square feet or less.
(4)
Holiday or special event decorations.
(5)
Nameplates of six square feet or less.
(6)
Political signs.
(7)
Public signs or notices, or any sign relating to an emergency.
(8)
Real estate signs.
(9)
Window signs.
(10)
Incidental signs.
(12)
Festoons.
D.
Maintenance. All signs shall be properly maintained. Exposed surfaces
shall be clean and painted if paint is required. Defective parts shall
be replaced. The Building Inspector shall have the right to order
the repair or removal of any sign which is defective, damaged, or
substantially deteriorated.
E.
Lighting. Unless otherwise specified by this bylaw, all signs may
be illuminated. The following illumination standards shall apply:
(1)
No person may erect a sign which flashes, rotates, has motorized
moving parts, or utilizes a revolving beacon light.
(2)
No sign shall be directly or indirectly illuminated between
the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which
it is located is open for business.
(3)
No person may erect a sign that constitutes a hazard to pedestrian
or vehicular traffic because of intensity or direction of illumination.
(4)
Signs shall be illuminated only with steady, stationary, shielded
light sources directed solely onto the sign without causing glare.
(5)
Illuminated signs shall not be permitted to shine onto residential
properties and traveled ways.
F.
Changeable copy. Unless otherwise specified by this bylaw, any sign
herein allowed may use manual or automatic changeable copy.
G.
Indemnification and insurance.
(1)
All persons involved in the maintenance, installation, alteration,
or relocation of signs near or upon any public right-of-way or property
shall agree to hold harmless and indemnify the Town, its officers,
agents, and employees against any and all claims of negligence resulting
from such work insofar as this bylaw has not specifically directed
the placement of a sign.
(2)
All persons involved in the maintenance, installation, alteration,
or relocation of signs on a commercial basis shall maintain all required
insurance against any form of liability to a minimum of $100,000.
A.
Signs permitted in all zones. The following signs are allowed in
all zones:
(2)
One construction sign for each street frontage of a construction
project, not to exceed six square feet in sign area in residential
zones or 32 square feet in sign area in all other zones. Such signs
may be erected 15 days prior to beginning of construction and shall
be removed 30 days following completion of construction.
(3)
Two nonilluminated real estate signs per lot or premises, not
to exceed six square feet in sign area. Signs must be removed 30 days
following sale, rental, or lease.
(4)
Two attached nameplates per occupancy, not to exceed one square
foot in sign area per sign.
(5)
Political signs shall not exceed six square feet each in sign
area and shall be removed 10 days following such election or referendum.
Political signs may be placed only on private property and only with
the permission of the property owner.
(6)
Directional/Information signs not to exceed three square feet
in sign area or 10 feet in height.
(7)
Temporary signs, banners, and decorations (excluding portable
signs) for special events, grand openings or holidays. Such signs,
banners, or decorations may be erected 30 days prior to a special
event or holiday and shall be removed 10 days following the event
or holiday. For grand openings, such signs may be used for no more
than 30 days.
(8)
Off-premises signs.
[Amended 5-15-2019 ATM
by Art. 19]
(a)
Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except the following may be allowed: (1) that an off-premises directional sign designating the route to an establishment not on the street to which the sign is oriented may be erected and maintained within the public right-of-way at any intersection or on private property if granted a special permit by the Board of Appeals, and (2) digital/electronic billboards in the Industrial Zoning District if granted a special permit under § 175-8.4D(2) by the Planning Board.
(b)
No directional sign shall be authorized except upon the authorizing
agency's determination that such sign will promote the public interest,
will not endanger the public safety and will be of such size, location
and design as will not be detrimental to the neighborhood. At locations
where directions to more than one establishment are to be provided,
all such directional information shall be incorporated into a single
structure. All such directional signs shall be unlighted and each
shall be not over four square feet in area.
D.
Signs permitted in Village Commercial, Commercial and Industrial
Zones. Signs are allowed as follows in Commercial and Industrial Zones:
(2)
Freestanding signs.
(a)
In the Village Commercial Zoning District, one freestanding
sign per street frontage, not to exceed 10 feet in height and 32 square
feet in sign area, is allowed per 120 feet of street frontage or fraction
thereof. A second freestanding sign of the same height and area is
allowed if the lot exceeds 240 feet of street frontage. No more than
two freestanding signs are allowed per lot.
(b)
In the Commercial Zoning District, one freestanding sign per
street frontage, not to exceed 12 feet in height and 48 square feet
in sign area, is allowed per 120 feet of street frontage or fraction
thereof. A second freestanding sign of the same height and area is
allowed if the lot exceeds 240 feet of street frontage. No more than
two freestanding signs are allowed per lot.
(c)
In the Industrial Zoning District, one freestanding sign per
street frontage, not to exceed 12 feet in height and 48 square feet
in sign area, is allowed per 150 feet of street frontage or fraction
thereof. A second freestanding sign of the same height and area is
allowed if the lot exceeds 300 feet of street frontage. No more than
two freestanding signs are allowed per lot.
(d)
In the Industrial Zoning District, digital/electronic billboards
may be erected and maintained if granted a special permit by the Planning
Board, provided that it shall not exceed more than 90 feet in height
and shall not exceed a fourteen-foot-by-forty-eight-foot face area.
A digital/electronic billboard shall not be erected except on a lot
with conforming lot area and frontage or on any other lot with at
least 10,000 square feet of vacant lot area and 150 feet of frontage
and must be erected within 2,000 feet of Interstate 495. No digital/electronic
billboard shall be located within 1,000 feet of a residential structure.
A digital/electronic billboard visible to a major artery/highway shall
contain the name and address of the user of the property. No digital/electronic
billboard shall be erected within 1,000 linear feet of another. No
digital/electronic billboard shall be erected if the special permit
granting authority determines that it will obstruct a view of scenic
beauty and interest or a place of historic interest; nor shall a digital/electronic
billboard be erected if the special permit granting authority determines
that it will not be in harmony with or suitable for the surrounding
area or would do significant damage to the visual environment. No
billboard shall be located upon another structure. The Planning Board
may only issue a special permit upon a finding that the billboard
shall not endanger the public safety or be detrimental to the neighborhood
or constitute a nuisance to any abutting uses or to any nearby residential
uses by virtue of its size, dimension, location, design, construction,
illumination, or visibility, that sufficient utilities, servicing
and maintenance of the billboard can be provided, and that adequate
provisions, by way of security, are provided in the event that the
billboard is decommissioned so that its removal is ensured and timely.
(3)
One wall sign per occupancy, not to exceed two square feet in
sign area for each linear foot of the occupancy's building frontage,
up to a maximum of 72 square feet or 15% of the frontal area, whichever
is smaller.
(4)
One awning or marquee sign per occupancy, not to exceed 15%
of the surface area of the awning or marquee.
(5)
Two under-canopy signs per occupancy, not to exceed 10 square
feet in sign area.
(6)
Incidental signs, not to exceed 20 square feet in aggregate
sign area per occupancy.
(7)
Two banner signs per occupancy, not to exceed 50 square feet
in aggregate area.
(8)
One portable sign per lot, conforming to the size and setback
requirements pertaining to freestanding signs as defined in this section.
Such signs may be displayed four times per year for periods not to
exceed four weeks per period. The total number of days the sign is
displayed may not exceed 56 days per year.
(9)
Where occupancy is on a corner or has more than one main street
frontage, one wall sign and one additional freestanding sign will
be allowed on the additional frontage, not to exceed the size of other
allowed wall and freestanding signs.
(10)
Freestanding and under-canopy, awning, and marquee signs shall
have a setback of 10 feet from any vehicular public right-of-way and
a minimum clearance of 15 feet over any vehicular use area and 10
feet over any pedestrian use area.
A.
Determination of legal nonconformity. Existing signs which do not
conform to the specific provisions of the bylaw may be eligible for
the designation "legal nonconforming," provided that:
(1)
The Building Inspector determines that such signs are properly
maintained and do not in any way endanger the public.
(2)
The sign was properly covered by a valid permit or variance
or complied with all applicable laws on the date of adoption of this
bylaw or any amendment thereto rendering the sign nonconforming.
C.
Maintenance and repair of nonconforming signs. The legal nonconforming
sign is subject to all requirements of this code regarding safety,
maintenance, and repair. However, if the sign suffers more than 50%
appraised damage or deterioration, it must be brought into compliance
with this code or removed.
A.
Compliance with building and electrical codes. All signs shall be
constructed in accordance with all requirements of the State Building
Code and the National Electrical Code.
B.
Anchoring.
(1)
No sign shall be suspended by nonrigid attachments that will
allow the sign to swing in a wind.
(2)
All freestanding signs of a permanent nature shall have self-supporting
structures erected on or permanently attached to concrete foundations.
(3)
All portable signs on display shall be braced or secured to
prevent motion.
C.
Additional construction specifications.
(1)
No signs shall be erected, constructed or maintained so as to
obstruct any fire escape, required exit, window or door opening as
a means of egress.
(2)
No sign shall be attached in any form, shape, or manner which
will interfere with any opening required for ventilation, except for
signs that may be erected in front of and may cover transom windows
when not in violation of the provisions of the Massachusetts Building
or Fire Prevention Codes.
(3)
Signs shall be located in such a way as to maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance
with the National Electrical Code specifications, depending on voltages
concerned. However, in no case shall a sign be installed closer than
60 inches horizontally or vertically to any conductor or public utility
guy wire.
