[HISTORY: Adopted 5-3-2010 Annual Town Meeting, Art. 20. Amendments noted where applicable.]
Under authority of the General Laws, the Town of Great Barrington
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 on playgrounds.
The purposes of these sign regulations are to encourage the effective
use of signs as a means of communication in the Town; to maintain
and enhance the aesthetic environment of the Town; to encourage and
support the Town'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.
Words and phrases used in this chapter shall have meanings set
forth herein. Words and phrases not defined in this chapter but defined
in the Zoning Bylaw of the Town shall be given the meanings set forth
in the Zoning Bylaw.[1] Words not defined in this chapter shall be given the meanings
in the most current edition of Webster's Unabridged Dictionary.
All other words and phrases shall be given their common, ordinary
meaning, unless the context clearly requires otherwise.
A sign that no longer identifies or advertises a location,
product, or activity conducted on the premises on which the sign is
located.
The sum of the allowed area of signs on any premises.
A sign that uses movement, or the illusion of motion, moving
images or changes of lighting to depict action or create a special
effect or scene. Animated signs are prohibited in all districts.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but excluding
any signs as defined herein.
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.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building or other similar means
and composed of a covering of rigid or nonrigid materials and/or fabric
on a supporting framework that may be either permanent or retractable.
A sign displayed on, lettered on or attached to the surface
or surfaces of an awning.
The entire area of a sign on which copy and/or graphics could
be placed.
A flexible substrate on which copy or graphics may be displayed.
Banners are a form of temporary off-premises sign designed to advertise
events sponsored by civic, public or nonprofit organizations.
A sign utilizing a banner as its display surface.
A commercially owned and operated freestanding or wall sign
which does not advertise a business or profession conducted, a service
offered or a commodity sold upon the premises where such sign is located,
and which is subject to MGL c. 93, §§ 29 through 33,
and the rules and regulations of the Outdoor Advertising Board of
the Commonwealth of Massachusetts.
That portion of any exterior elevation of a building extending
vertically from grade to the roofline.
The duly appointed Building Inspector for the Town of Great
Barrington.
A sign attached to any part of a building, as contrasted
with a freestanding sign. Building signs include wall signs, projecting
signs and window signs. Building-mounted signs may not project above
any eave or parapet or roof surface.
A sign whose message copy or content can be changed manually
on a display surface.
A single store, office, research facility, manufacturing
facility, or commercial establishment, or similar location for a single
activity.
A location with businesses or potential businesses which
collectively have an aggregate floor area equal to or greater than
50,000 square feet and which has a name different from the name of
any of the individual businesses and which has common private parking
and vehicular entrances.
A multisided structure supported by columns or attached on
one end to a building. The vertical surface(s) and or soffit of a
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible vertical surface(s) of an attached
or freestanding canopy; may be internally or externally illuminated.
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 permanent off-premises sign erected, maintained or used
in the outdoor environment for the purpose of providing copy area
for commercial or noncommercial messages.
The graphic content and the commercial message of a sign.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign which lists the tenants or occupants of a premises
and may indicate respective professions.
A sign with two faces, commonly back-to-back.[2]
A sign that electronically displays graphics or messages
through a marquee, that changes its message or copy at intervals of
not less than 30 seconds by programmable, digital or mechanical processes
or by remote control. These signs are prohibited in all residential
districts.
[Added 5-6-2019 ATM,
Art. 24]
Any sign placed outside a building.
A sign which has characters, letters, figures, designs, or
outlines illuminated by light reflecting off its surface(s) from lights
placed at some distance from the sign.
Any building facade which is visible from a paved public
way.
A sign principally supported by one or more columns, poles,
or braces placed in or upon the ground, including V-signs.
The length of the property line(s) of any single lot along
either a public way or other properties on which it borders.
An accessory sign 50 or more years old that is structurally
safe, or any other preexisting sign designated by an accredited historical
association or governmental agency to have historical significance.
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.
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
A sign which has characters, letters, figures, designs, or
outlines illuminated from within the sign by electric lights, luminous
tubes or other light source.
Laser, holographically projected or similarly electronically
produced signs which use these technologies to project visible images.
A parcel of land in single ownership that is recognized as
a separate lot by the Assessor's office.
A multisided structure or architectural projection supported
by attachment to a building on one or more sides, whether hung , cantilevered
or supported by columns. The surface(s) and/or soffit of a marquee
may be illuminated by means of internal or external sources of light.
Marquees and marquee signs are allowed only by special permit from
the Planning Board. A freestanding sign performing the typical functions
of a marquee—notifying the public of current and/or upcoming
events for a performance venue—may be located on the grounds
of the venue, by special permit from the Planning Board.
[Amended 5-6-2019 ATM,
Art. 24]
A sign attached to the sides of a marquee.
A sign containing three or more faces.
A sign whose copy bears no relationship to the activities
conducted on the premises on which it is located.
A sign whose copy bears a direct relationship to the activities
conducted on the premises on which it is located.
The extension of a building facade above the line of the
structural roof.
A temporary sign intended to advance a political statement,
cause, or candidate for office.
Any sign not permanently attached to the ground or to a building.
A temporary sign no more than eight square feet in area printed
on cardboard, paper or other similar nondurable material.
A single residence, building or place of business and the
land on which it sits.
A sign attached directly to a building wall, which extends
more than 10 inches from the face of the wall, including, without
limitation, so-called "shingle signs."
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost line of said facade
or parapet.
Any sign mounted on a roof or projecting above a roofline.
Roof signs are prohibited in all districts.
An A-frame, T-frame, sidewalk, or curb sign. Sandwich board
signs are allowed in business and industrial districts by permit.
Any device visible from a public place whose design is to
convey commercial or noncommercial messages by means of graphic presentation
of alphanumeric or pictorial symbols or representations. Noncommercial
flags or any governmental flags displayed from flagpoles or staffs
will not be considered to be signs.
Any structural element designed to support a sign.
The boundary of the public right-of-way and private property.
Change, improvement or replacement of a sign which modifies
an existing sign in any aspect except its color, and which affects
greater than 20% of the total area of a sign, including the background.
Proper maintenance of signs is permitted and encouraged.
A sign intended to display either commercial or noncommercial
messages of a temporary nature. Any sign not permanently embedded
in the ground, or nor permanently affixed to a building or sign structure
that is permanently embedded in the ground, is considered a temporary
sign.
The portion of a street which is surfaced for vehicular traffic.
The "traveled way" may not coincide with the street line.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces, positioned at an interior angle
of less than 30°. Any sign whose two faces are positioned at an
interior angle greater than 30° is not permitted.
A sign painted on or attached directly to the surface of
a building wall and extending not more than 10 inches from the face
of such wall.
A sign on exterior windowpanes or glass or placed inside
an exterior window or door and intended to be visible from the exterior
of the premises.
A.
Abandoned signs. Any on-premises sign which advertises a business
no longer conducted at the premises, or any off-premises sign which
advertises a business no longer conducted at its separate premises,
shall be removed by the owner, or if the owner fails to do so, by
the Building Inspector, within 120 days of abandonment or cessation
of such business.
B.
Color. No sign, except for posters or temporary signs, shall use
any day-glow or fluorescent colors on either its copy or background.
C.
Safe condition. All signs shall be maintained in good repair, in
good structural condition and in compliance with all building and
electrical codes. No sign shall be erected that obstructs any door,
window or fire escape or otherwise interferes with the proper functioning
of any building. No sign shall constitute a hazard to public safety
or health by reason of its location, inadequate maintenance, dilapidation,
abandonment, or by causing any obstruction of sight distances for
vehicular traffic or interference with pedestrian safety.
D.
Sign posts. Sign posts and supports shall not contain lettering and
shall be kept plumb and in good condition.
E.
Traffic sight lines. No sign shall be erected that obstructs traffic
sight lines for drivers or pedestrians. A freestanding sign shall
not be placed within the triangle formed by connecting the intersection
of any street lines with the points on each street line 20 feet from
such intersection.
F.
Trees and poles. No sign shall be permitted on trees, light poles,
telephone poles, or street identification signs except such signs
as are erected by the Town of Great Barrington or the Commonwealth
of Massachusetts for traffic or pedestrian safety purposes.
A.
Animated signs. Rotating signs, animated signs, rotating beacons,
electronic message signs or centers and otherwise moving signs shall
be prohibited in all zoning districts.
B.
Awnings and awning signs. Awnings shall not extend more than eight
feet over the public right-of-way. Awnings shall not be closer than
three feet to the face of curbline. No portion of any awning sign
(or such awning on which it is located) shall be lower than 10 feet
above grade. If projecting over an alley or driveway subject to vehicular
traffic, the clearance must be at least 13 feet. All awnings shall
comply with other applicable ordinances and regulations. Signs which
overhang a public way (including sidewalks) shall be covered by a
bond or insurance in accordance with this chapter. The framework supporting
the awning shall be securely anchored to the building. The method
of attachment as well as the anticipated structural, wind and other
loads shall be detailed on the application and shall be approved in
writing by the Building Inspector. No awning signs shall be allowed
in any residential district.
C.
Freestanding signs. The top of a freestanding sign shall not exceed
a height five feet greater than the distance from the traveled way
(measured perpendicularly from the traveled way to the base of the
pole) or 20 feet above the traveled way, whichever is less. A freestanding
sign shall not be placed within 10 feet of the traveled way. It is
the applicant's responsibility to determine that the freestanding
sign is being placed on the applicant's property. If a freestanding
sign is placed within 20 feet of a traveled way, it shall have a minimum
clearance of eight feet between grade and the bottom of the sign or
shall not be higher than five feet above grade. No freestanding sign
shall be allowed to be constructed in such a fashion as to obstruct
traffic sight lines or otherwise impair pedestrian or vehicular safety.
No freestanding signs shall be permitted in a residential district,
unless otherwise exempted by this chapter. Freestanding signs shall
be limited in size as specified herein.
D.
Illuminated signs. Any illuminated sign shall employ only lights
emitting a constant intensity; no sign shall be illuminated by a flashing,
intermittent, rotating, or moving light. 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 adjacent to a residential district
shall be either turned off between 11:00 p.m. and 6:00 a.m. or screened
to prevent a beam or illumination from shining onto any other property.
No illuminated sign shall be permitted in any residential district,
unless otherwise excepted in this chapter. Any internally illuminated
sign shall use a background less luminous and darker than the copy,
so that the light shines predominantly through the copy and not through
the background. Signs with exposed neon or other glowing tubes located
less than 8 1/2 feet above ground shall be mounted only inside windows
and shall qualify as window signs. The allowed level of illumination
of internally illuminated signs is designated in a chart available
in the office of the Town Clerk. All internally illuminated signs
shall comply with the standards set forth upon that chart.
E.
Laser/holographic signs. Laser/holographic signs shall be prohibited
in all zoning districts.
F.
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:
(1)
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.
(2)
If such marquee shall be glazed, it shall be glazed with laminated
or wire glass not less than 1/4 of an inch in thickness and be safely
supported.
(3)
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)
There shall be a minimum clearance of 10 feet between the underside
of the marquee at its lowest point and the sidewalk. If projecting
over an alley or driveway subject to vehicular traffic, the clearance
must be at least 13 feet.
(5)
No under-marquee signs are allowed.
(6)
Marquee signs are allowed only upon the premises of theaters or cinemas.
(7)
Marquee signs shall require a special permit from the Planning Board.
A condition of such permit shall be that the applicant shall provide
drawings signed and stamped by an engineer which shall detail the
structural integrity of the marquee.
(8)
The Building Inspector shall be required to inspect and approve the
installation of the marquee to assure that it is in compliance with
the submitted plans.
G.
Portable signs. Portable signs, including movable wheeled signs of
any kind, shall be prohibited in all districts, except for the following:
(1)
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 or is used in the day-to-day operation
of the business conducted at the premises where the vehicle is parked.
(2)
Temporary signs otherwise in compliance with this chapter.
(3)
Political signs.
H.
Projecting signs. Projecting signs shall not extend more than three
feet from the building. Projecting signs shall not be closer than
three feet to the face of a curbline. No portion of any projecting
sign shall be lower than 10 feet above grade. If projecting over an
alley or driveway subject to vehicular traffic, the clearance must
be at least 13 feet. Signs which overhang a public way (including
sidewalks) shall be covered by a bond or insurance. The framework
supporting the projecting sign shall be securely anchored to the building.
The method of attachment as well as the anticipated structural, wind
and other loads shall be detailed on the application, and shall be
approved in writing by the Building Inspector. No projecting signs
shall be allowed in any residential district.
I.
Roof signs. No roof signs shall be permitted in any zoning district.
J.
Sandwich board signs. Sandwich board signs shall be allowed in business
and industrial districts only. The Building Inspector shall issue
only one sandwich board sign permit to each business, which shall
cover all sandwich board signs owned by the business. The permit shall
specify the location for the sign to be displayed. The applicant shall
present an insurance binder naming the Town as an additional insured
with the permit application. The sandwich board sign permit shall
be renewed annually. Each business may display only one sandwich board
sign at a time. Sandwich board signs may only be displayed when the
business holding the permit is open. No sandwich board sign may be
displayed that reduces the sidewalk width to less than four feet.
Sandwich board signs shall not exceed six square feet on each side
and shall only have two sides; the maximum width of the sign shall
be two feet. The area of the sandwich board signs shall not be counted
toward the aggregate permanent sign area for the business. Each sandwich
board sign shall be displayed adjacent to the building in which the
business is located but no more than 50 linear feet from the main
entrance of the building in which the business is located, except
that a sandwich board sign may be displayed on property not owned,
leased or rented by the business only if: (1) the permit application
includes a letter from the property owner granting permission for
the sandwich sign; and (2) the Building Inspector determines the location
to be in as close proximity to the business as practicable. The sign
shall be properly secured to prevent becoming a hazard to pedestrians
or property. The sign shall comply with all regulations of the Department
of Public Works and the Historic District where applicable.
K.
Temporary signs for business premises. Temporary signs (other than
posters) shall not be posted for more than 30 continuous days. Posters
shall not be displayed for more than 45 continuous days. If any premises
shall have any temporary signs or posters posted for more than 120
days in any calendar year, all such signs at such premises shall be
considered permanent signs for the purposes of this chapter and shall
be regulated accordingly. Temporary signs must be removed promptly
when the event advertised is concluded. Temporary signs shall not
be placed closer than 10 feet to the traveled way. There shall be
a maximum of two temporary signs per business, with a maximum area
per sign of eight square feet, the area of which shall not be counted
towards the aggregate permanent sign area permitted for the business.
Temporary window signs are separately regulated hereunder.
L.
Traffic signs. No sign shall use amber, red or green lights resembling
traffic signals, or the words "stop," "caution," "danger," or other
word, phrase, symbol, shape or character that might be construed as
a public safety warning or traffic sign.
M.
Window signs. Permanent window signs shall not exceed in aggregate
area 50% of the total square footage of the window or glass door on
which they are located. Any area of window signs, except temporary
window signs, shall be deducted from the maximum allowable area of
signs for the premises and shall in no event exceed that maximum allowable
area of signs. Temporary window signs, posted for no longer than 30
days, may cover up to 50 square feet in the aggregate without counting
towards the aggregate allowed area of signs. Any temporary window
signs in excess of 50 square feet shall be counted against the aggregate
allowed area of signs. Regulations regarding size and illumination
shall apply to window signs as to other building-mounted signs within
the zoning district in question. No window signs, permanent or temporary,
shall be allowed in any residential district.
No permits are required for the following signs. Such signs
are exempt from the requirements of this chapter.
A.
Governmental flags. Governmental flags and governmental insignia,
except when displayed with a commercial message or in connection with
a commercial promotion, are allowed in all districts. Governmental
flags and insignias displayed on motor vehicles offered for sale shall
be considered to be displayed in connection with a commercial purpose.
B.
Historic signs. Historic signs are allowed in all districts.
C.
Historical markers. Historical markers erected or placed by a historical
association, governmental agency or owner of property that has been
placed on the State or Federal Register of Historic Places are allowed
in all districts.
D.
Holiday lights. Holiday lights and decorations that do not include
a commercial message and that are displayed for a limited period of
time are allowed in all districts.
E.
Incidental signs. Incidental signs are allowed in all districts.
F.
Information and directional signs. Informational and directional
signs no greater than two square feet in area each, directing traffic
to hospitals, parking areas, cultural institutions and commercial
areas or other permitted uses, are allowed in all districts.
G.
Legal notices. Legal notices and identifications not exceeding two
square feet in area, including "No Trespassing" and "No Hunting" signs,
are allowed in all districts.
H.
Memorial signs. Memorial signs, plaques, or tablets no greater than
eight square feet each are allowed in all districts.
I.
Noncommercial signs. Signs having no commercial message and which
bear only house numbers, post box numbers, names of residents, or
identification of premises and do not exceed two square feet in aggregate
area per premises are allowed in all districts. The sign may include
identification of an on-premises professional office or customary
home occupation allowed by this chapter.
J.
Real estate signs. One "For Sale," "For Rent" or "For Lease" sign
is allowed per premises in any district. Such sign shall not exceed
eight square feet in area per premises in a nonresidential district
or six square feet in area per premises in a residential district
and shall advertise for sale or for rent only the premises upon which
the sign is located. The sign shall be removed promptly when the advertised
sale or rental is concluded. Such signs shall be set back at least
three feet from the street line or 10 feet from the traveled way,
whichever is greater. Real estate sales agencies shall obtain an annual
license from the Board of Selectmen, in accordance with the Board's
Policies and Procedures, for the erection of real estate signs which
shall advertise only properties which they have for sale or lease
or rent.
K.
Signs exempted by law. Signs described in MGL c. 93, § 32,
are allowed in all districts.
L.
Temporary signs in residential districts. Temporary signs not to
exceed eight square feet in aggregate area are allowed in residential
districts. They shall not be posted for more than 30 continuous days.
M.
Temporary window signs in business and industrial districts only.
Temporary window signs are allowed in business and industrial districts.
N.
Vending machine signs. Permanent signs on vending machines, gas pumps,
ice containers or similar devices indicating only the contents of
such devices and prices of the merchandise are allowed in business
and industrial districts only.
O.
Works of art. Works of art that do not include a commercial message
are allowed in all districts.
The following signs are allowed in all districts (except as
noted) with a permit from the Building Inspector, with no fee or posting
of a bond required, provided that the sign meets all other requirements
of this chapter.
A.
Banners. Banners may be hung along the wall of a building or they
may span a public way. Banners shall have a maximum square footage
equal to four times the width of the vehicular traveled way over which
they are suspended, or, in the event they are hung on a building facade,
they shall not exceed 200 square feet in area. They shall be removed
within five business days of the date on which the event they are
advertising is concluded. A maximum of two banners per event shall
be permitted. Banners suspended over public property or any street
must also obtain a permit from the Board of Selectmen as required
under the general bylaws of the Town and shall post a bond in accordance
herewith. Banners shall be allowed only in business and industrial
districts.
B.
Civic organizations. One bulletin board sign per premises not to
exceed 24 square feet in area for any of the following organizations:
religious institution, school, museum, civic or service organization,
community recreational facility, or library. Such sign shall indicate
only the name and current or upcoming activities of the organization.
Bulletin board signs are allowed in all districts.
C.
Construction site signs. Signs on active construction sites denoting
the owner, contractor, consultants, or funding agency not to exceed
24 square feet in area in the aggregate per site in nonresidential
districts or six square feet in area in the aggregate per site in
residential districts. Signs shall be removed from the site within
seven days of the completion of construction.
D.
Decorative flags and pennants. In commercial and industrial zones
there shall be no more than two decorative flags or pennants per premises.
Strings of pennants are prohibited.
E.
Directional signs. Directional signs for the purpose of giving directions
to a religious institution, school, museum, community recreational
facility, library, licensed innholder, or other permitted uses, not
to exceed two square feet in area, and subject to applicable regulations
of the Department of Public Works and the Highway Department.
F.
Entry-way signs. Signs on an entry-way to the Town containing information
regarding community or civic organizations, not to exceed either one
sign per entry-way per organization no larger than four square feet
in area each or one sign per entryway for all such organizations no
larger than 16 square feet in area; all such signs subject to applicable
regulations of the Department of Public Works and the Highway Department.
G.
"Open" flags. "Open" flags shall be allowed in business or industrial
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.
H.
Posters. Posters of religious, charitable, civic, fraternal, political,
or similar organizations or of candidates for political office and
not to exceed eight square feet in area each.
I.
Sandwich board signs. Sandwich board signs are allowed in business
and industrial districts by permit.
J.
Temporary signs in nonresidential districts. Temporary signs not
to exceed 16 square feet in aggregate area per premises in a nonresidential
district.
K.
Temporary signs for temporary events. Temporary signs for temporary
events are permitted. Each temporary event may display only up to
14 temporary signs per event. No temporary sign may be more than nine
square feet in area. Temporary signs may be erected not more than
14 days prior to the event and must be removed not later than 24 hours
after the event. Temporary signs may be placed in an off-premises
location only if the permit application includes a letter from the
property owner granting permission for the temporary sign, or, in
the case of a location within a road right-of-way, a letter from the
Department of Public Works or the Massachusetts Department of Transportation
granting permission for the temporary sign. Temporary signs shall
be properly secured to prevent becoming a hazard to pedestrians or
property. Temporary signs shall comply with all regulations of the
Department of Public Works and the Historic District where applicable.
If temporary events are to be held on a regular, recurring schedule
over the course of a season, one permit application may be filed to
cover each occurrence, provided all event dates are listed, and provided
that the permit may be revoked for future events in the case of noncompliance.
[Added 5-2-2011 ATM, Art. 24; amended 5-6-2013 ATM, Art. 15]
The following signs are allowed in residential districts. Such
signs require a permit from the Building Inspector and payment of
a fee as set forth herein.
A.
Hospitals, nursing homes and other institutional uses allowed in
a residential district. Hospitals, nursing homes and other institutional
uses allowed in a residential district, whether by right or by special
permit, shall be allowed to have such signs as can be demonstrated
as necessary to the safety and well being of the community, with the
fee waived. These include internally illuminated signs indicating
emergency room entrances, and such other similar signs as are necessary.
In all other respects, they shall conform to the limitations and restrictions
set forth in this chapter.
B.
Nonresidential use in residential district. One on-premises 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.
C.
Subdivision signs. One sign, per entrance from a public way to the
subdivision, advertising any real estate development or subdivision,
not to exceed 12 square feet in area each.
The following signs in business and industrial districts require
a permit from the Building Inspector and payment of a fee as set forth
herein, subject to the following restrictions.
A.
Awning signs. Awning signs are permitted in business or industrial
districts. On any elevation of an awning, a maximum square footage
of two square feet shall be allowed. No awning shall be allowed to
have more than four square feet of signs. All signs on an awning shall
be counted against the aggregate allowed area of signs. No awning
sign shall be illuminated.
B.
Billboards. Preexisting billboards in compliance with §§ 29
through 33, Article 93, Massachusetts General Laws, and this chapter,
which were in existence prior to the adoption of this chapter are
permitted. No new billboards shall be permitted to be erected.
C.
Building-mounted on-premises signs. Any one facade of a business
in a business or industrial district shall be allowed one or more
on-premises building-mounted signs which shall not exceed in aggregate
area the lesser of 10% of the surface area of the facade of the building
to which the sign is attached, or 150 square feet. These may be wall
signs, window signs, projecting signs, directory signs and any other
permitted sign type. A business with two or more facades visible from
paved public ways or public parking areas shall be allowed additional
on-premises sign or signs directed toward such public ways or parking
areas which shall not exceed 50 additional square feet in aggregate
area per facade. No single building-mounted on-premises sign shall
exceed 100 square feet in area. Any off-premises signs for a business
shall be treated as separate from the on-premises signs and shall
not count towards the aggregate allowed area.
D.
Business center signs. In addition to other signs allowed to individual
businesses, a business center shall be allowed one freestanding sign
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 mounted on the business center sign shall
not exceed 10 square feet. The portion identifying the common business
center itself shall not exceed 24 square feet. All signs included
on such common business center sign shall be similar with regard to
material, coloring, lighting, lettering and other characteristics.
A business center sign, if utilized, shall be the only freestanding
sign allowed along the road frontage of any business center.
E.
Freestanding signs. Except for business center signs as described
herein, a freestanding sign in a business or industrial district shall
not exceed the lesser of 0.50 square foot per foot of frontage along
the primary road frontage of the lot on which the sign is located
or 24 square feet in size. There shall be a limit of one freestanding
sign per premises in any permitted district, unless excepted herein.
If the premises is a corner lot on two public ways, then a freestanding
sign may be allowed on each street.
F.
Motor vehicle fuel stations. Motor vehicle fuel facilities are allowed
to have a sign located on the vertical surface(s) of any attached
or freestanding canopy(ies). The maximum area of signs on a canopy(ies)
on a gas station's premises shall be 18 square feet. These canopy-mounted
signs shall be allowed in addition to the freestanding signs permitted
hereunder.
G.
Off-premises signs. Any freestanding off-premises sign which is not
a billboard shall conform to the conditions and limitations set forth
herein. Any building-mounted off-premises sign shall count towards
the aggregate allowed area of signs of the building on which it is
mounted.
H.
Projecting signs. Projecting signs shall be allowed in business or
industrial districts only. Only one projecting sign shall be allowed
per business, and it shall be allowed only instead of, not in addition
to, any permitted freestanding signs. Projecting signs shall not exceed
15 square feet in area. Projecting signs shall require the posting
of a bond.
The following signs require a special permit from the Planning
Board and require a permit from the Building Inspector and payment
of a fee.
A.
Marquee signs. Marquee signs may be permitted only on the premises
of theaters or cinemas within business and industrial districts and
shall comply with all the conditions set forth herein, as well as
any other conditions of this chapter. No marquee sign shall be permitted
in any residential district. Marquee signs shall not exceed 50 square
feet on each visible surface of the marquee. No under-marquee signs
are allowed. A special permit from the Planning Board is required
as well as a sign permit from the Building Inspector and payment of
a fee. Marquee signs shall require the posting of a bond or liability
insurance coverage.
For all signs requiring a permit, the owner of the premises
(or owner's agent) shall apply to the Building Inspector for
the issuance of a sign permit on such application form as shall be
acceptable to the Building Inspector. All applications shall indicate
the size, location, lighting, materials, method of attachment, other
specifications for each proposed sign, as well as proof of bonding
or insurance certifications where required. The Building Inspector
shall be responsible for the review of the application, issuance of
the sign permit, and enforcement of the provisions of this chapter.
The Building Inspector may, at his discretion, consult with any Town
board or department regarding an application for a sign permit. The
Building Inspector 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 chapter or other ordinances of the Town.
For all signs which require the payment of fees for the issuance
of a sign permit, said fees shall be established by the Town Manager
with the approval of the Board of Selectmen, in accordance with the
Town Code, and may be amended from time to time. A schedule of fees
is available in the Town Clerk's office. Fees shall be made payable
to the "Town of Great Barrington, Office of the Building Inspector,"
upon the issuance of the sign permit.
Banners suspended over public property or public ways, as well
as projecting signs and marquees, require the posting of a bond or
other acceptable security with the Building Inspector, satisfactory
to the Town Counsel 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 Town
against any and all claims (including any and all legal costs) 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
or security shall be established by the Town Manager with the approval
of the Board of Selectmen, in accordance with the Town Code, and may
be amended from time to time. A schedule of fees is available in the
Town Clerk's office. Such bond or one similar in effect and amount
shall be maintained in force for each such sign as long as the sign
is in place or until permission is given by the Building Inspector
to release or discharge the bond. A liability insurance policy giving
the same protection to the Town may be substituted for such bond.
Annual certification that a bond or liability insurance policy is
in effect shall be submitted to the Town Clerk and the Building Inspector.
The failure to maintain such bond in force may be cause to terminate
the sign permit under which such sign was erected and maintained.
The office of the Town Clerk shall be notified if the insurance policy
or bond is reduced or canceled.
A sign erected prior to the effective date of this chapter which
was permitted by previous regulations contained in this chapter or
other bylaws of the Town 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 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 nonconforming sign shall be brought into compliance with this chapter
if the owner of a nonconforming sign substantially changes, improves,
or replaces the nonconforming sign.
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.
A nonconforming sign shall not be maintained or reestablished
after the activity, business, or usage to which it relates has been
discontinued or ceases to operate for 120 days or longer. Such nonconforming
sign shall be removed by the permit holder or the owner of the premises
upon order of the Building Inspector. A sign which conforms to this
chapter shall be removed after the activity, business, or usage to
which it relates has been discontinued or ceases to operate for 120
days or longer. Such conforming sign shall be removed by the permit
holder or the owner of the premises upon order of the Building Inspector.
Violations of this chapter shall be penalized by the imposition
of a fine pursuant to the Town Code.
The Building Inspector is authorized to order the repair or
removal of any sign and its supporting structure which, in his judgment,
is abandoned, dangerous, in disrepair or maintained contrary to this
chapter. The owner of the premises shall be responsible for reimbursing
the Town for all expenses of removing and disposing of any such sign.
Failure to maintain any bond or insurance required hereunder may be
cause for the Building Inspector to order the removal of a sign.
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 Building Inspector 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 Building Inspector,
subject to the filing of any necessary bond by the applicant.
Any person having a legal interest in the sign, including the
sign owner, business owner or property owner or any abutter to the
property on which the sign is located, or any Town board, may appeal
the decisions of the Building Inspector regarding permits, enforcement
or other matters pertaining to this Signs Chapter by filing a written
notice of appeal with the Great Barrington Zoning Board of Appeals.
The Zoning Board of Appeals shall hold a public hearing in order to
determine if the decisions should be upheld, enforced, modified or
overturned.
The Planning Board shall ensure compliance with the provisions of Chapter 146 as part of the site plan approval process set forth in Section 10.5 of the Zoning Bylaw.
The Planning Board may, by special permit, authorize a deviation from any sign requirement set forth in this Chapter 146, provided that such relief shall not result in substantial detriment to the neighborhood.
[Added 5-7-2012 ATM, Art. 23]
A.
Designation. Applications to designate a construction zone shall
be made to the Selectmen and shall contain a description and map of
the proposed zone(s) and the proposed time period(s) or duration of
the designation. Construction zones may be designated by the Selectmen
for a period not to exceed one year. The Selectmen may renew the designation
annually in accordance with these procedures.
B.
Waiver of regulations. Within a designated construction zone the
Town Manager or his designee may authorize a waiver from the regulations
of this chapter, including applicable permits and fees, for temporary
signs, as defined in this chapter, and including but not limited to
sandwich boards, V-signs, and portable signs; provided, however, that
all temporary signs shall comply with the standards set forth below.
C.
Standards.
(1)
No temporary sign shall be allowed to obstruct traffic sight lines
or otherwise impair pedestrian or vehicular safety.
(2)
No temporary sign shall be allowed to reduce sidewalk width to less
than four feet.
(3)
No temporary sign shall be erected on property not owned, leased,
or rented by the business unless the property owner grants written
permission for said sign.
(4)
Temporary signs shall be properly secured to prevent them from becoming
a hazard to traffic, pedestrians, or property.
