No signs or advertising devices of any kind or nature shall
be erected on any premises or affixed to the outside of any structure
except as specifically permitted in this division.
The following types of signs are permitted:
A.
Address sign. One sign displaying the street number and name of the
occupant or establishment of the premises and service provided.
(1)
Such
sign may not exceed two square feet in area if it is attached to the
building.
(2)
Such
sign may be on a rod or pole not more than four feet high, and at
least three feet in from the street line, and may not exceed four
inches by six inches in size.
(3)
Any
address signs must be stationary, nonilluminated and not contain any
motorized moving parts.
B.
Awning sign. A sign painted on or attached to a moveable metallic
frame, of the hinged roll or folding type, which may have a noncombustible
covering.
(1)
Such sign must be painted, embroidered, or stitched on or attached
flat against the surface of, but not extending beyond or attached
to the underside.
(2)
Letters shall not exceed 10 inches in height.
(3)
A minimum clearance above sidewalk level of seven feet must be allowed
for pedestrian clearance.
C.
Community directory sign. An accessory bulletin or announcement board
describing the location of an event of a community service organization,
institution, or public facility.
(1)
Such sign shall not exceed 20 square feet in total area.
(2)
One such sign for each property is allowed, unless the street frontage
of said institution exceeds 100 feet, then one sign for each 100 feet
is allowed but in no event more than three such signs. Such sign shall
be at least three feet in from street line.
D.
Contractor sign. An off-premises sign identifying the contractor's
name, address and other pertinent information.
(1)
Such sign may not exceed 20 square feet.
(2)
Such sign may be maintained on the building or structure only for
the interim of construction and not exceeding 15 days following completion
of said construction.
(3)
Failure to remove said sign within time period stated shall be cause
for its removal by the Building Inspector at the expense of the owner.
E.
Electronic sign. An outside sign, display, or device that changes
its message or copy at intervals by programmable electronic, digital,
or mechanical processes or by remote control. Electronic signs shall
be allowed in Neighborhood Shopping Districts (B-N), Local Business
Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill
Districts (CMD), Central Business Districts (CBD), and Waterfront
and Transit-Oriented Development Districts (WTOD), provided such signage
meets the following use and dimensional regulations:
(1)
Use regulations.
(a)
The sign shall be programmed so that the message or image on
the sign changes no more often than every four seconds.
(b)
The sign shall not display any illumination that changes in
intensity during the static display period.
(c)
The electronic sign shall have installed ambient light monitors,
and shall at all times allow such monitors to automatically adjust
the brightness level of the sign based on ambient light conditions.
(d)
Maximum brightness levels for electronic or digital display
boards shall not exceed 5,000 nits when measured from the billboard's
face at its maximum brightness, during daylight hours, and 500 nits
when measured from the board face at its maximum brightness between
sunrise and sunset.
(e)
No such sign shall:
[1]
Emit or utilize in any manner any sound capable of being detected
on a main traveled way by a person with normal hearing.
[2]
Cause beams, lasers or rays of light to be directed at any portion
of the traveled way, which beams or rays are of such intensity or
brilliance as to cause glare or to impair the vision of the driver
of any motor vehicle or which otherwise interferes with the operation
of a motor vehicle.
[3]
Obscure or interfere with the effectiveness of an official traffic
sign, device or signal, or cause an undue distraction to the traveling
public.
[4]
Contain more than one face visible from the same direction on
the traveled way.
[5]
Be located so as to obscure or otherwise interfere with a motor
vehicle operator's view of approaching, merging or intersecting traffic.
[7]
Contain flashing, or moving lights; moving video, or consist
of a static image projected upon a stationary object.
(2)
Dimensional regulations. The maximum area per lot of electronic signage
shall not constitute more than the following:
(3)
In a specific case, the Zoning Board of Appeals may, after a public
hearing, grant a special permit for an electronic sign in an Industrial
Park District (IP), Medical District (MD), Apartment District (A-2)
or a Multiple-Family Residence District (M), provided that the maximum
surface area shall not constitute more than 24 square feet, the electronic
sign is replacing an existing sign and the Board finds that the location,
setback and design of such use will not be detrimental to the area
by reason of lighting, appearance or impact on neighboring uses.
G.
Freestanding sign. A permanent on-premises sign. Freestanding signs
shall be allowed in Neighborhood Shopping Districts (B-N), Local Business
Districts (B-L), Mixed Use Business Districts (MBD), Commercial Mill
Districts (CMD), Central Business Districts (CBD), Waterfront and
Transit Oriented Development Districts (WTOD), Medical Districts (MD)
and Industrial Park Districts (IP) provided such signage meets the
following regulations:
(1)
The outermost projection of a freestanding sign shall be set back
from the street line a minimum of three feet. No part of such sign
may be located within five feet of a side or rear lot line.
(2)
Each business establishment on a public way shall be entitled to
maintain one double-faced panel on a freestanding sign not to exceed
100 square feet per face. These panels may be part of a multi-faced
sign or an individual sign. The height of said sign shall not exceed
30 feet.
(3)
Where there are four or more businesses on any one lot, there may
be one freestanding sign on said lot. On the one freestanding sign,
each business occupying the premises shall be allowed a double-faced
panel on said sign, provided that the overall size of the sign does
not exceed 100 square feet per face.
(4)
Where a lot has greater than 300 feet of linear frontage along the
same public way, two freestanding signs shall be permitted. The height
of each said sign shall not exceed 30 feet. Said signs shall be at
least 200 feet apart.
(5)
Where a business or group of businesses, on one lot, has frontage
on two or more public ways, one freestanding sign is permitted on
each public way.
H.
Marquee signs. A sign painted on, attached to, or consisting of an
interchangeable copy reader, on a permanent overhanging shelter which
projects from the face of a building. Marquee signs shall be allowed
in Neighborhood Shopping Districts (B-N), Local Business Districts
(B-L), Mixed Use Business Districts (MBD), Commercial Mill Districts
(CMD), Central Business Districts (CBD) and Waterfront and Transit
-Oriented Development Districts (WTOD), provided such signage meets
the following regulations:
I.
Off-site sign. An off-site sign controlled by the Outdoor Advertising
Board, which is used for the display of printed or painted advertising
matter.
(1)
No
off-site sign shall be erected or maintained unless:
(a)
The Board of Appeals grants a special permit therefor;
(b)
The height, setback and illumination requirements set forth herein
are met; and
(c)
A special permit therefor has been granted by the outdoor advertising
authority in accordance with MGL c. 93, §§ 29 through
33, as from time to time amended, and such permit is valid and outstanding.
(2)
The Board of Appeals may, after a public hearing, grant a special
permit for an off-site sign, provided that the Board finds that such
sign will not be harmful to the public good and will not adversely
affect the value or amenity of neighboring property, and also provided
that the following requirements are met:
(a)
No off-site sign shall be erected in any residence district,
Local Business District (B-L) or Industrial Park District (IP).
(b)
All off-site signs permitted by this subsection shall be subject
to the requirements of MGL c. 93, §§ 29 through 33,
inclusive, and to the following specific requirements:
[1]
No more than one off-site sign structure shall be permitted
to be erected on a lot having 50 feet or less of street frontage,
and no more than one additional structure shall be permitted for an
additional 50 feet of lot frontage or major fraction thereof.
[2]
No such structure shall contain over signs per facing, nor shall
any off-site sign be permitted to be erected within 50 feet of any
adjoining residence district if it would directly face such district
and be visible therefrom.
[3]
No off-site sign structure shall be permitted to be erected
closer than 10 feet to the line of any public way or closer to such
line than the existing building setback line, whichever is the lesser
setback.
[4]
No freestanding off-site sign shall be erected to exceed an
overall height of 35 feet above the pavement level of the road from
which it is designed to be seen; no wall sign shall extend more than
three feet above the roof or parapet line; and no roof sign shall
be erected to extend higher than 35 feet above the roof at point of
mounting.
J.
Painted signs. A permanent mural or message painted directly onto
a building surface or the surface of a wall or retaining wall not
part of any building.
K.
Public service sign. A sign located for the purpose of providing
directions towards or indication of a use not readily visible from
a public street (e.g., rest rooms, telephone, etc.).
L.
Roof sign. A sign erected, constructed, or maintained above the roof
of a building. Roof signs are prohibited except by special permit
by the Zoning Board of Appeals.
M.
Temporary sign. A sign intended to be used for a period of not more
than 30 days.
(1)
Permits must be obtained for the erection of temporary signs within
the limitations set forth in this article.
(2)
A private entity that has obtained the necessary permits for a temporary
banner sign that overhangs a public way must be covered by an insurance
policy naming the City of Fall River as coinsured and for such amounts
as shall be established by the City.
N.
Wall sign. A sign that is attached parallel on the exterior surface
of a building or structure. Wall signs shall be allowed in Neighborhood
Shopping Districts (B-N), Local Business Districts (B-L), Mixed Use
Business Districts (MBD), Commercial Mill Districts (CMD), Central
Business Districts (CBD), Waterfront and Transit-Oriented Development
Districts (WTOD), Medical Districts (MD) and Industrial Park Districts
(IP), provided such signage meets the following regulations:
(1)
A wall sign shall not project more than 15 inches from the building
surface.
(3)
Sign size. Signs or advertising devices attached to the building
shall not exceed two square feet for each linear foot of the building
face parallel or substantially parallel to a street lot line. Where
a lot fronts on more than one street, the sign area facing each street
frontage shall be calculated separately.
O.
Window sign. A permanent nonilluminated sign painted on the inside
glass of a window.
A.
Corner buildings. If a building fronts two or more streets, the sign
area for each street frontage shall be computed separately.
B.
Setback requirements. Unless otherwise specified in this chapter,
signs are exempt from setback requirements.
C.
Sublevel storefront. If the first floor of a building is substantially
above street grade and the basement is only partially below street
grade, separate occupants of each level may each have 1/2 the square
feet of signage allowed as if it were a single ground-floor use.
D.
Supports and brackets for a sign shall not extend needlessly above
the cornice line of the building to which the sign is attached.
E.
Trademarks that are registered for a specific commodity may occupy
no more than 10% of the sign area; except if said commodity is the
major business conducted on the premises, then there shall be no such
restriction.
No person may erect the following signs:
A.
A sign that rotates or has a motorized moving part that is visible
from a public street.
B.
Any sign which, by reason of its size, location, content, coloring
or manner of illumination, constitutes a traffic hazard or a detriment
to traffic safety in the opinion of the Building Inspector by obstructing
the vision of drivers, or detracting from the visibility of any traffic
sign or control device on public streets and roads.
C.
Any sign which obstructs free ingress to or egress from a required
door, window, fire escape or other required exitway or which obstructs
a window, door or other opening for providing light or air or interferes
with proper function of the building.
D.
Any sign or sign structure which is structurally unsafe; or constitutes
a hazard to safety or health by reason of inadequate maintenance,
dilapidation or abandonment; or is not kept in good repair; or is
capable of causing electrical shocks to persons likely to come in
contact with it.
E.
Signs that make use of words such as STOP, LOOK, DANGER, etc., or
any phrases, symbols, or characters, in such a manner as to interfere
with, mislead, or confuse traffic.
The Zoning Board of Appeals may grant a special permit to construct
a sign other than those permitted, provided the Board finds that the
sign would not be detrimental to abutting properties and is needed
to adequately identify the business.
Each sign shall be maintained in a secure and safe condition.
If the Building Commissioner/Inspector of Buildings is of the opinion
that a sign is not secure, safe or in a good state of repair, the
Building Commissioner/Inspector of Buildings shall give written notice
of this fact to the person responsible for the maintenance of the
sign. If the defect in the sign is not corrected within the time permitted,
the Building Commissioner/Inspector of Buildings may revoke the permit
to maintain the sign and may remove the sign and keep possession of
same until the owner pays the cost of removal.
In the event of an energy shortage, the City is authorized in
its discretion to order all signs in City consuming electricity, gas,
oil or other energy to cease consumption in whole or in part during
such hours as for such period designated.
Any sign or other advertising devices hereto legally erected
may continue to be maintained; provided, however, that no such sign
or other advertising device shall be permitted if it is enlarged and
provided, further, that any such sign or other advertising device
which has deteriorated to such an extent that the cost of restoration
would exceed 35% of the replacement cost of the sign or other advertising
device at the time of the restoration shall not be repaired or rebuilt
or altered. Any exemption provided in this section shall terminate
with respect to any sign or other advertising device that shall not
have been repaired or properly maintained within 30 days after notice
to that effect has been given by the Building Inspector.
