[Amended 5-5-2014 ATM by Art. 19]
A.
Authority and interpretation.
(1)
This article, governing signs and advertising devices, is adopted
as a zoning bylaw pursuant to MGL c. 40A. Any sign legally in existence
on the date of acceptance of this bylaw shall not be affected by any
revisions and shall be permitted to remain as a lawfully pre-existing
sign.
(2)
For the purpose of this bylaw, the special permit granting authority
shall be the Board of Appeals.
B.
Introduction. The Dalton envisioned under this article is a classic
New England town, with a strong central village contrasting with the
openness of surrounding residential neighborhoods. Interpretation
of the bylaw, and granting of future special permits or variances
to this bylaw, should embrace the following guidelines.
(1)
The primary function of a sign is to tell people where they
can find what they are looking for. Selling a product should always
be a subordinate purpose.
(2)
Signs should be expressive of the proprietor's identity.
(3)
Signs should be appropriate to the type of activity to which
they pertain.
(4)
Signs should be compatible with the visual character of the
area surrounding them. Carved signs are compatible in all areas and
the bylaw encourages their use.
Any change in size, shape, color, lighting, type of lighting,
location or height of a sign, or any other changes of a sign.
Any sign using movement or change of lighting to depict action,
to create special effects, or to create scenes.
A sign made of fabric or any flexible material with no enclosing
framework.
Any light with one or more beams of light directed onto the
atmosphere or at one or more points not on the same lot as the light
source; also, any light source with one or more beams of light that
rotate or move.
A board, usually outdoors, on which advertisements or notices
are posted.
Any sign indicating the name of a building or date and incidental
information about its construction, which sign is cut into a masonry
surface or made of metal or similar permanent material.
Any sign attached directly to, or painted upon, any exterior
surface of any building.
A legally permitted occupant of land or premises, which is
found or located within its own separate, physical space and with
its own separate entrance.
Any sign that is a part of an awning, canopy of fabric or
plastic, or structural protective cover over a door, entrance, window
or outdoor service area.
See "electronic message sign."
Any wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
Two or more signs which convey a complete message, or are
a match or mate for each other.
A temporary sign exhibited for the period of time for which
work is taking place, advertising the contractor's name or relevant
information. The sign shall not exceed three square feet in area and
must be removed eight days after completion of the work.
Any sign designed solely for the purpose of traffic and/or
pedestrian direction.
Any sign which lists the tenants or occupants of a building
and that may indicate their respective professions.
Any externally visible sign, or portion of a sign, that displays
an electronic image or video which may or may not include text and
where the rate of change is electronically programmed and can be modified
by electronic processes. This definition includes television screens,
plasma screens, digital screens, LED screens, video boards, holographic
displays, and other similar media.
A legally permitted occupant of land or premises, which is
found or located within its own separate, physical space.
A sign which is illuminated via a light source located outside
the body of the sign.
A fabric containing distinctive colors, patterns or graphic
used as a symbol of a nation, state, governmental agency, or nonprofit
agency.
Any source that emits a brief, sudden burst of light. Also,
any light created by a rotating bulb or other source.
A sign attached to and mounted parallel to the face of a
building or structure.
A sign supported by one or more poles, columns, or supports
placed in or on the ground and not attached to any building or structure.
Any sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," loading only," "telephone" and other similar directives.
No sign with a commercial message shall be considered an incidental
sign.
A sign which is externally lit, but its lighting is integral
to the sign, such as a light source that spells out the sign message.
Any sign lit via a light source that alternately ceases and
begins again, alternately changes color and/or alternately changes
intensity more than one time in a twelve-hour period.
A sign that is lit with a light source located within the
body of the sign.
Any sign that was legally in existence on the date of acceptance
of this bylaw, but which is not in conformance with the standards
or requirements of this bylaw.
Any sign that was not, or is not, legally in existence and
was not permitted.
A sign which directs attention to a business, profession,
commodity, service or entertainment that is not carried on, sold or
offered on the same premises. Temporary signs as defined by this bylaw
are not considered off-premises signs for the purpose of this bylaw.
A sign which directs attention to a business, profession,
commodity, service or entertainment carried on, sold or offered on
the same premises.
Decorated objects not related to the function of the business.
The lot, building, or set of related buildings comprising
the location of one or more businesses, residences, or other ventures.
A sign attached to and projecting away from the face of a
building or structure.
A sign located on residential property for identification
purposes.
Any structure, wall display, device, building color, or representation
which is designed or used to advertise or call attention to a business,
association, profession, commodity product, institution, service,
entertainment, person, place or thing, or activity of any kind, and
is visible or audible from a highway or other public right-of-way.
Not included in this definition is the flag of any nation or state
displayed on a single pole. Also not included in this definition is
the display of seasonal flags on a single pole in residential districts,
provided that such flags do not exceed 15 square feet in area.
A long narrow flag or pennant.
A sign exhibited for advertising a specific event or occurrence
that is temporary in nature.
Used in conjunction with approved hotel signs. "Open" or
"Closed" signage shall not be considered a changeable message sign
for the purposes of this bylaw.
Any device, usually powered by wind, that whirls or spins.
Any sign affixed to the inside of a window or door, or a
sign placed within a building so as to be plainly visible and legible
through a window or door. Small signs incorporated into a window display
of merchandise and measuring no more than 100 square inches shall
not be considered window signs.
No signs or advertising devices of any kind or nature shall
be erected on any premises or affixed to the outside of any structure
or be visible from the outside of any structure, and/or placed on
or over public property, except as specifically permitted in the following
Schedule of Sign Regulations.[1]
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
A.
Shopping centers or plazas. In new shopping centers or plazas consisting
of multiple and adjacent business establishments, each business establishment
will constitute a separate building for the purpose of sign control
enforcement. The entire shopping plaza area shall be permitted one
L-type sign, wholly inside the front property line, at right angles
thereto and not to exceed a height of 20 feet and a width of six feet,
in addition to signs permitted elsewhere in this bylaw.
B.
Gasoline stations and garages. Gasoline stations and garages shall
be allowed one permanent oil company trademark sign in addition to
name sign, plus the customary lubrication, washing and service signs
displayed in the positions to which they apply, and one A-frame or
easel-type sign at the property frontage. So-called special signs
will be permitted on the sides or head of gasoline pumps only.
(1)
Name sign is defined as the name of the service station, such as
John Doe's Service Station.
(2)
A-frame or easel-type signs shall be limited to a height of four
feet above the ground and shall not exceed an area of eight square
feet on each side. All other regulations appearing heretofore with
respect to size and area shall apply to the other unattached or attached
signs.
(3)
The company trademark sign, when it appears as an unattached sign,
shall be subject to the same height and area regulations as Subsection
A(5)(b) of the Schedule of Sign Regulations.[1]
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
A.
The following signs, advertising devices, sounds (and devices closely
related thereto) are specifically prohibited in all zoning districts
except as may be otherwise permitted in this bylaw.
(1)
Flashing, animated, beacons, integrally lit, internally lit, tube
illuminated graphics, changeable message or intermittently illuminated
signs. Commercial and residential holiday decorations or displays
are specifically excluded from this restriction.
(2)
Companion signs, advertising successively or repetitively.
(3)
Reflectors on signs which are not parts of letters or symbols of
a sign.
(4)
Advertising signs tacked, painted or otherwise attached to utility
poles, trees, fences, sidewalks or curbs.
(5)
Streamers, whirligigs and other advertising devices with similar
characteristics.
(6)
Exterior neon or gas-filled tube-type signs.
(7)
Any sign interfering with pedestrian or vehicular safety.
(8)
A-frame or sandwich board signs, sidewalk and curb signs, except
as a temporary sign as allowed in this bylaw.
(9)
Signs constructed, and/or painted, with any luminescent or reflective
materials.
(10)
Any projection of sound associated with a commercial message
or advertising message, or sound used to attract attention in such
a manner that the sound is audible on adjacent property or any public
property.
(11)
Signs placed on, or affixed to, vehicles and/or trailers which
are parked on any property or roadway so as to be visible from a public
right-of-way where the apparent use is to advertise a product, or
direct people to a business or activity located on the same or nearby
property. Excludes signage for the sale of personal items at the owner's
residence or premises.
(12)
Signs which imitate, interfere with, obstruct the view of, or
can be confused with any authorized traffic sign, signal, or other
device.
(13)
Any sign that is obscene or depicts or relates to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31 and
is visible from any public property.
B.
No person, firm, association or corporation shall post, erect, display or maintain within view from any public property any off-premises sign, billboard sign, or other advertising device except as provided in Subsection B of the Schedule of Sign Regulations.[1]
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
C.
No signs advertising off-premises products, services or entertainment
shall be painted or affixed to a rock or tree.
A.
In no case shall an illuminated sign of any type interfere with traffic
signals.
B.
Permanently exposed lights outlining any part of a building or structure
shall not be permitted except temporary holiday lighting.
C.
Sign illumination shall be shielded at its source to prevent high
intensity light beams from shining onto any street or adjoining property.
D.
Illuminated signs shall not exceed 0.3 footcandle over ambient lighting
conditions when measured per the brightness measurement methodology
of the International Sign Association (ISA).
A.
Any sign which is dangerous or unsafe in any manner or any sign erected
hereafter contrary to the provisions herein shall be repaired and
made safe, attractive and in conformity with this bylaw or shall be
taken down and removed by the owner, lessor, agent or occupant of
the building, property, or land upon which it is placed or to which
it is attached.
B.
The Inspector of Buildings shall have the power to order the repair
or removal of any sign which, in his opinion, is dangerous or unsafe,
or is erected or maintained contrary to this bylaw. The Inspector
of Buildings shall serve written notice upon the owner, agent or person
having control of said sign, directing him to repair or remove the
same, as the case may be, or to apply to the Inspector of Buildings
for a hearing to show cause why the order should not be carried out
within a time not to exceed 15 days after receipt of such notice.
In case of failure of such owner, or agent or other person having
control as aforesaid, to comply with such notice, the Inspector of
Buildings shall have the power, under due process of law, to cause
the same to be removed.
A.
Signs and banners must be firmly attached to a supporting device
and must present no undue hazard to the public. Such signs shall not
be displayed more than 60 days, and shall be removed within 15 days
after the event. Such signs shall not exceed six square feet in area.
B.
The general intent is to allow individuals reasonable opportunity
to advertise events such as yard sales or charitable events, or to
place directional signs for special events, but not to allow commercial
entities to post additional signs not otherwise permitted in this
bylaw.
A.
Upon enactment of this bylaw, a permit shall be required for each
new sign from the Inspector of Buildings as set forth in the Schedule
of Sign Regulations.
B.
Within one year after the enactment of this bylaw all existing signs
requiring approval of the Inspector of Buildings as called for in
this bylaw shall be registered with the Inspector of Buildings.
[1]
Editor's Note: The Schedule of Sign Regulations is included as an attachment to this chapter.
