[Amended 5-11-1982 ATM, Art. 82; 5-14-1984 ATM, Art. 107; 5-14-1984 ATM, Art. 108; 5-14-1984 ATM, Art. 109; 5-13-1985 ATM, Art. 70; 1-13-1986 STM, Art. 15; 5-9-1988 ATM, Art. 93; 10-17-1988 STM, Art.
26; 5-14-1990 ATM, Art. 44; 5-13-1991 ATM, Arts. 36 and 37; 5-10-1993 STM, Art.
3; 5-9-1994 STM, Arts. 4 and 5; 5-3-1999 ATM, Art. 28; 11-19-2001
FYTM, Art. 18; 11-18-2002 FYTM, Art. 22; 5-1-2006 ATM, Art. 26; 5-7-2007
ATM, Art. 25; 11-5-2007 FYTM, Art. 15; 5-5-2014 ATM, Art. 21]
A.
The purpose of this article is to regulate signs in order to facilitate
communication, promote the safety of motorists and pedestrians by
preventing distractions and obstructions of public ways and walks,
prevent visual clutter, and encourage economic development by allowing
siting of signage that identifies businesses and other land uses in
ways that complement and enhance our community's character.
B.
This article establishes the comprehensive regulations and conditions
under which signs are permitted within the Town of Brewster in accordance
with the powers set forth in MGL c. 40A and MGL c. 93, § 29.
This sign regulation provides a permitting system to govern the placement
of advertising and other informational signs both outdoors and in
windows within the Town of Brewster.
As used in this chapter, the following terms shall have the
meanings indicated:
A sign for a business or other use that has not been in active
use for two or more years.
A self-supporting, two-sided, sign.
A sign that uses actual movement or the illusion of movement.
A sign attached to or printed upon an awning.
The Brewster Building Commissioner or Local Inspector.
A sign marking entrances, exits, parking areas or other operational
features of the premises and providing directions for the safe and/or
efficient flow of traffic.
A flag that alerts the public that a location is open for
business.
Any on-premises sign indicating whether the business is open
or closed and/or the days and hours of operation.
Signs warning of prohibited activities such as trespassing,
hunting, fishing, or swimming.
A sign that is designed so that graphics and/or characters
can be changed or rearranged without changing the dimensions of the
sign.
A sign that provides space for identifying multiple tenants
or uses within a single development.
A temporary sign identifying a commercial vendor participating
in the construction, alteration or maintenance on the property on
which the sign is located.
Illumination by means of a light source that is external
to the sign being lit.
A sign that is illuminated by intermittent or sequential
light emission.
A sign extending from the ground but not attached to any
part of a building.
Signs identifying any home occupation as defined by the Brewster
Zoning Bylaw.
A sign offering items grown or produced on a residential
property for sale to the public, such as fresh flowers and eggs.
An on-premises sign specific to a public or private nonprofit
purpose, such as handicapped accessible, public rest rooms, public
phone or tourist and visitor information.
Illumination by means of a concealed light source.
Boards or exhibits proposed by a Town governmental body or
a nonprofit educational organization to convey regulations or explain
the significance and public purpose of a program or policy, such as
resource protection, at a public or private nonprofit site.
A sign naming an individual, for-profit organization or not-for-profit
organization that volunteers to maintain and/or landscape an intersection
island.
A freestanding structure with one or more sides upon which
information is placed for review and/or distribution.
A freestanding sign with two vertical supports and two or
more crosspieces serving as individual signs.
Any land owned and/or controlled by the Town of Brewster.
Signs, including those alerting the public to projects funded
by the Community Preservation Act, posted by a Town entity required
or authorized for a public purpose by law or statute.
A sign that was erected legally but that does not comply
with subsequently enacted regulations.
Signs placed on property separate from where a business is
located.
Signs placed on the same property where a business is located.
A sign urging voter support or opposition for a particular
election issue, political party, or candidate for public office.
A sign that extends from a wall or roof of a building.
A sign noting that a particular property is owned by a conservation
or wildlife protection organization.
A carved and/or painted wooden wall sign fashioned after
those traditionally used on sailing vessels.
A sign advertising the sale, rental, or lease of a designated
structure or land area for a permitted use on which the signs are
located.
See "A-frame sign."
An assembly of materials which includes every instance of
advertising, text or graphic, erected or maintained in open view primarily
for identification or promotion of any commercial enterprise or not-for-profit.
This shall include the sign structure, supports, lighting system,
and any attachments, flags, ornaments, or other features used to draw
the attention of observers and shall further include collection boxes.
It shall not include indoor or outdoor displays of merchandise for
sale on the premises.
The distance measured from the highest point of a sign to
the grade beneath the sign.
A sign depicting the lot plan of a subdivision for the purpose
of advertising said lots for sale.
A sign placed at the street entrance to a subdivision.
A small sign attached to another sign.
A sign intended for use for 60 or fewer days.
Signs for events that have been declared by the Select Board,
their designee or by vote of Town Meeting.
[Amended 11-13-2017 FYTM, Art. 13]
Signage on an umbrella that advertises a particular product
for sale on the premises.
Signs alerting the public to not-for-profit organizations
providing this service.
A single-faced sign attached parallel to or painted on a
vertical exterior wall not projecting more than 12 inches beyond the
wall surface to which the sign is attached and not extending beyond
the edges of the wall to which the sign is attached.
Any sign placed inside a window within 24 inches of the window
glass facing the outside with characters that exceed 2 1/2 inches
in height and which is intended to be read from a public way.
An animated sign with a message in lights that travels across
the surface of the sign.
A.
Before a sign is erected, altered or moved, it shall conform to all
applicable requirements contained in this bylaw, including any Old
King's Highway Historic District requirements when applicable, and
shall be approved by a Building Official through the issuance of a
permit, unless the sign is expressly exempted herein.
B.
A pre-application conference with the Building Department is encouraged
in order for the applicant to become acquainted with requirements.
C.
All signs shall be placed so as to not obscure other signs to the
greatest extent possible.
D.
No signs shall be located in a road right-of-way nor shall they be
located so as to block all or part of a sidewalk, stairway, driveway
or parking lot, interfere with snow removal, or impair sight distances
for motorists, bicyclists or pedestrians.
E.
If signs are illuminated, it shall be done by a direct, shielded,
external light source or by a light source internal to the sign. Light
bulbs or tubes (including neon) shall not be visible to the motoring
public from a public way.
F.
Non-municipal developments having more than one tenant or use shall
provide a master sign plan for the entire structure or development
prior to the issuance of a sign permit by a Building Official.
A.
Unless otherwise specified, all signs shall meet the area measurement
requirements of this section.
B.
The surface area of a sign shall be computed as including the entire
area within a regular geometric form or combinations of regular geometric
forms comprising all of the display area of the sign. Structural members
not bearing advertising matter shall not be included in the computation
of surface area.
C.
For the following uses, accessed directly from a street, right-of-way or parking area, the maximum permitted area of a ground/freestanding sign not otherwise exempted by § 179-20.3 herein shall be as follows:
|
Use
|
Size
(in square feet)
(E = exempt)
|
Use
|
Size
(in square feet)
(E = exempt)
| |
|---|---|---|---|---|
|
Construction trailer
|
E
|
Cemetery
|
12
| |
|
Church or other religious use
|
16
|
Crematory
|
16
| |
|
Educational use, non-profit
|
16
|
Essential services
|
E
| |
|
Historical association or society
|
12
|
Museum
|
16
| |
|
Non-profit recreational facility
|
12
|
Power plant, water filtration plant, sewage treatment plant
|
16
| |
|
Solar array on Town-owned land
|
8
|
Town building, police station and fire station, except equipment
garage
|
E
| |
|
Agriculture, aquaculture, silviculture, horticulture, floriculture
or viticulture, as those terms are defined in MGL c. 40A, § 3
|
16
|
Commercial stable, kennel or veterinary hospital in which all
animals are completely enclosed in pens or other structures, unless
exempted pursuant to MGL c. 40A, § 3
|
16
| |
|
Temporary (not to exceed erection or use for a period of 3 months
in any one year) greenhouse or stand for retail sale of agricultural
or farm products, unless exempted pursuant to MGL c. 40A, § 3
|
12
|
Year-round greenhouse or farm stand for wholesale and/or retail
sale of agricultural or farm produce, unless exempted pursuant to
MGL c. 40A, § 3
|
12
| |
|
Amusement arcade
|
16
|
Amusements, outdoor commercial
|
16
| |
|
Antique shop, art gallery
|
12
|
Assisted living facility
|
12
| |
|
Automated and drive-through financial establishments / structures
|
4
|
Automotive repair, automobile service station and garage, not
including a junkyard or open storage of abandoned automobiles or other
vehicles
|
16
| |
|
Bed-and-breakfast
|
12
| |||
|
Boat building or marine construction work and fabrication of
marine and fishing supplies
|
16
|
Business offices and services
|
16
| |
|
Children's recreation camp
|
12
|
Commercial parking lot or structure
|
4
| |
|
Country, hunting, fishing, gun, tennis or golf club
|
12
|
Educational use, for profit
|
12
| |
|
Establishment selling new automobiles and/or used automobiles
and trucks, new automobile tires and other accessories, boats, motorcycles
and household trailers.
|
16
|
Funeral home or mortuary establishment
|
16
| |
|
Gift shop
|
16
|
Home occupation
|
4
| |
|
Hotel and motel
|
16
|
Lodging house
|
12
| |
|
Medical/ dental clinic
|
16
|
Medical/ dental office
|
16
| |
|
Membership organization
|
12
|
Movie theater, drive-in
|
16
| |
|
Nursing or convalescent home
|
12
|
Personal service establishment
|
16
| |
|
Planned business development
|
See § 179-20.1D
|
Recreation facilities and services, private
|
16
| |
|
Repair services
|
16
|
Repair services, excluding outside storage of items for repair
|
16
| |
|
Restaurant, full-service and lounge
|
16
|
Restaurant, limited service
|
16
| |
|
Retail store
|
16
|
Row commercial
|
See § 179-20.1D
| |
|
Septic tank pumping service
|
16
|
Theater, indoor
|
16
| |
|
Building and construction trades shop or garage
|
16
|
Construction materials sales and service
|
16
| |
|
Excavations and/or removal of sand, gravel; quarry or other
new material
|
16
|
Freight transportation service
|
16
| |
|
Manufacturing
|
16
|
Other transportation services, except airports, heliports and
all air support facilities
|
16
| |
|
Processing and treating of mixed and quarried raw materials,
including operations appurtenant to the taking, grading, drying, sorting,
crushing, grinding and milling operations
|
16
|
Wholesale trade
|
16
| |
|
Permitted uses not otherwise identified
|
8
|
D.
Except for uses not otherwise indicated, another sign not to exceed
six square feet is permitted, but cannot be combined with the ground/freestanding
sign.
E.
Non-municipal developments having more than one tenant or use within
a project or premises may construct, with an approved master sign
plan, one cluster sign containing the name of the development and/or
listings of individual businesses, products or services within the
development. Such sign may be 16 square feet or up to three square
feet per business, whichever is larger. In addition:
F.
No one sign shall exceed 16 square feet.
G.
No ground sign may exceed 10 feet in height unless otherwise specified.
H.
Where there are two faces back to back, the total area of the largest
single face shall determine the area of the sign.
I.
All signs not otherwise exempt by § 179-20.3 are included within the total signage calculation, and include any sign on a property at any time, including signs taken in or turned off on a daily basis, such as A-frame signs, and window signs.
J.
Exceptions to this bylaw may be allowed by special permit from the
Planning Board.
A.
If a Building Official believes that a sign and/or structure regulated
by this article is not being kept in good repair, written notice shall
be sent, by certified mail, return receipt requested, to the person
or persons to whom the permit was issued, and the property owner.
If the specified defects in the sign and/or structure have not been
corrected or the sign removed within 30 days, the Building Official
shall revoke the permit and shall notify the person(s) to whom the
permit was issued that the sign is now in violation of this article
and must be removed.
B.
Old signs and related hardware/structural supports shall be removed
before any new sign is erected, but any related hardware/structural
supports may be incorporated into the overall design or structural
support of the new sign and approved pursuant to this article.
C.
The Building Official shall have the authority to order the repair,
alteration or removal of any sign or structure that constitutes a
hazard to public health and safety or which is otherwise not in compliance
with this bylaw.
D.
If an immediate public safety concern so requires, the Building Official
may take any necessary action, including removal of a sign.
The following signs do not count towards the total permitted signage unless otherwise indicated (See § 179-20.5.) and do not require a permit unless such signage is located in the Old King's Highway Historic District:
A.
Awning signs identifying a product, not a specific business.
B.
Business operation signs.
C.
Cautionary signs.
D.
Construction signs.
E.
Directional or traffic safety signs.
F.
Home occupation signs.
G.
Home products signs.
H.
Intersection island signs.
I.
Municipal.
J.
One "Open" flag.
K.
Open house and yard sale signs if displayed for not more than 48
hours.
L.
Political signs.
M.
Protected conservation land signs.
N.
Quarterboard, residential, non-commercial.
O.
Real estate signs.
P.
Special event flyers measuring not more than two square feet in total
area.
Q.
Umbrella signs identifying a product, not a specific business.
R.
Outdoor vending machines: one per premises unless more are allowed
by special permit.
S.
Window signs.
A.
A-frame, sandwich signs. Such signs shall not exceed six square feet,
or 36 inches by 24 inches in any dimension.
B.
Awning signs. Letters or graphics on an awning that identify a business
by name, phone number or services offered shall count towards total
signage. Awning sign area shall be computed by measurement of the
smallest square, circle, rectangle, triangle, or combination thereof
that will encompass the extreme limits of the writing, representation,
emblem, or other display.
C.
Business operation signs. Such signs shall not exceed one square
foot.
(1)
Construction signs.
(a)
No permit is required.
(b)
One sign is permitted per street frontage.
(c)
Signs may not exceed nine square feet in area.
(d)
Signs must be placed on the advertised property or work site.
(e)
There is no time limit on the duration of construction signs;
however, signs shall be removed within seven days of issuance of an
occupancy certificate or completion of work.
D.
Directional or traffic safety signs. In addition to other permitted
signs, directional, warning or traffic signs necessary for the safety
and convenience of customers, employees, visitors and the public are
permitted in all areas. Signs shall not exceed one square feet in
area.
E.
Home occupation signs. Such signs shall not exceed four square feet.
One sign is permitted per dwelling.
F.
Home product signs. Such signs shall not exceed four square feet.
One sign is permitted per dwelling.
G.
Informational signs. Such signs shall not exceed one square foot
in area.
H.
Interpretive displays and kiosks.
(1)
For interpretive displays, the maximum area of a single such
sign shall not exceed 50 square feet, and the highest point after
installation shall not exceed 144 inches.
(2)
For kiosks, the footprint shall not exceed 40 square feet, and
the height shall not exceed 10 feet.
(3)
Signs in viewsheds and on beaches shall be installed angled
20° from the horizontal plane so as to reduce visual obstruction.
Interpretive signs or kiosks shall not block or obstruct a scenic
view or visual corridor.
I.
Intersection island signs. Any individual, for-profit organization
or not-for-profit organization that volunteers to maintain and/or
landscape an intersection island is permitted to erect one sign not
to exceed one square foot in size, and one foot in height, upon said
island. No direct, external, or internal lighting shall be permitted.
The sign must be promptly removed when the individual, for-profit
or not-for-profit organization ceases to maintain and/or landscape
the intersection island. Permission to maintain an intersection island
is granted by the Select Board.
[Amended 11-13-2017 FYTM, Art. 13]
J.
Municipal signs, additional requirements.
(1)
Municipal signs that announce water system information or municipal
traffic signs, as approved by the Brewster Police and Brewster Department
of Public Works, shall be permitted in a public right-of-way as a
matter of right.
(2)
Permanent municipal signs shall not exceed 30 square feet.
(3)
Town departments shall have authority over any sign placed on
the land and/or buildings under their control, including signs placed
by other Brewster municipal entities. Signs may remain in place as
needed, at the discretion of the entity with authority over the property.
Notice of such signs shall be required to be filed by the Town entity
with the Building Official prior to display. Note that this does not
apply to the following: election/Town Meeting signage, public safety
signage, and Water Department signage.
K.
"Open" flag. One "Open" flag per business establishment shall be
allowed and shall not exceed three feet by five feet in size.
L.
Protected conservation land signs. Such signs shall not exceed four
square feet.
M.
Real estate signs. One sign of not more than nine square feet shall
be allowed per street frontage and waterfront side of the advertised
property, shall not be illuminated, shall not be located within the
public right-of-way, and shall be removed immediately once the property
is off the market, or within seven days of rental, lease or completion
of sale. Real estate signs do not require a permit.
N.
Subdivision lot plan signs. These are permitted if not in excess
of 20 square feet on any subdivision, provided that no "for sale"
signs shall be placed on the individual lots. The sign shall be placed
on the subdivision property. Individual lot number signs not in excess
of one square foot may be placed on each lot. The sign shall be removed
when all lots are sold or after three years, whichever is shorter.
O.
Subdivision signs. Subdivision signs shall not exceed 12 square feet,
including any posts or decoration. A sign may be placed at each entrance
to the subdivision.
P.
Town and community event signs. Up to one month in advance of and
during Town-wide and community events, signs not exceeding 30 square
feet may be displayed as a means of publicizing the event.
Q.
Visitor information signs. Not-for-profit organizations providing
visitor information to the general public are permitted to erect one
sign not exceeding six square feet in size to advise the public of
this service. Visitor information sign will be permitted in Brewster
at locations designated by the Select Board. These signs are allowed
in addition to any other signs allowed by the Brewster Sign Bylaw
at the site.
[Amended 11-13-2017 FYTM, Art. 13]
R.
"Welcome to Brewster" signs. Welcome signs are permitted at entrances
to the Town. Signs shall not exceed 16 square feet and the top of
said sign shall be no higher than eight feet above ground level.
S.
Window signs. Window signs are permitted as long as the total area
of all such signs does not exceed 25% of all glazing area on which
the signs appear.
A.
Any business wishing to place a sign on property other than its own,
in addition to obtaining all requisite permits from the Massachusetts
Outdoor Advertising Board and any other regional, state and local
approvals, shall obtain written permission from the property owner
and lessee, if applicable, where the sign will be posted and shall
provide said written permission to the Building Official with the
permit application or notification materials.
B.
An off-premises business sign shall only be posted within a Commercial (C-H), Village Business (V-B) or Industrial (I) District, except for agricultural uses as defined in Article I (Definitions) of this bylaw which may be posted within a residential district.
C.
Entities wishing to place off-premises signage on state-owned property
or within state rights-of-way such as Route 6A shall seek permission
from the state, in addition to meeting local requirements.
D.
An off-premises sign shall be included in the calculation of total
allowable signage for the property or business it is placed upon.
E.
No permanent, commercial sign shall be allowed on any municipal property.
F.
Ladder signs:
(1)
Ladder signs are permitted at intersections of public ways which
service commercial areas, preexisting businesses or Town-owned community
facilities as established by the Select Board:
[Amended 11-13-2017 FYTM, Art. 13]
(2)
Ladder sign regulations.
(a)
Signs shall be of a uniform design with a dark green background
(dark green glossy, as in Town signs, or equal) and white letters,
all in a non-DayGlo paint, and shall be supported by unpainted, treated
four-by-four, ground-mounted posts.
(b)
Signs shall not exceed 21 square feet in area and three feet
in width between the support posts nor be more than eight feet in
height to the top of the uppermost ladder. No signs shall be mounted
below 12 inches from grade.
(c)
Signs shall be constructed of a series of horizontal panels
six inches in height and shall be constructed in a manner that panels
may be placed one above the other and be separately removable.
(d)
The subject matter of a sign shall be generic in nature, such
as "drug store," identifying an activity or service, not a specific
business name.
(e)
Each six-by-thirty-six-inch panel can identify several activities
depending upon lettering requirements, and all lettering shall be
of uniform character.
(f)
Any ladder signs erected in Brewster will be maintained by the
Town in accordance with a ladder sign policy adopted by the Select
Board.
[Amended 11-13-2017 FYTM, Art. 13]
(g)
The lettering on the sign shall be simple block lettering with
letters not less than 3 1/2 inches in height.
(h)
The location of all ladder signs shall be selected by the Select
Board.
[Amended 11-13-2017 FYTM, Art. 13]
(i)
There shall be no more than one ladder sign at any intersection.
(j)
Any traffic or directional sign owned and installed by a governmental
agency shall be permitted.
A.
Enforcement, permits and penalty.
(1)
Permits and certificates of appropriateness.
(2)
Fees for sign permits shall be set by the Select Board.
[Amended 11-13-2017 FYTM, Art. 13]
(3)
The Building Official is authorized to order the repair or removal
of any sign and its supporting structure which the Building Official
judges to be dangerous or in disrepair or erected or maintained contrary
to this article.
(4)
The Building Official is authorized to issue citations for violations
of these regulations by the method provided in MGL c. 40, § 21D.
B.
Signs not complying with this article.
(1)
Signs without a valid permit shall be removed within 120 days
of passage of this article.
(2)
Pre-existing signs and signs with valid permits:
(a)
A legally pre-existing non-conforming sign or a sign with a
valid permit issued prior to enactment of this article must remain
in compliance with the requirements and conditions that enabled the
valid permit to be originally issued.
(b)
Failure of compliance will result in automatic revocation of
the prior issued valid permit and require compliance with this article
for issuance of a current valid permit.
(c)
Pre-existing, non-conforming signs that are relocated, replaced,
structurally altered or not kept in a state of good repair shall not
be allowed to continue as non-conforming signs and shall require new
permits and compliance with this bylaw, unless relocated due to eminent
domain taking.
(d)
A lawfully pre-existing non-conforming sign destroyed by natural
disaster or accident may be replaced by a sign of the same dimensions,
style, and in the same location as the original sign, but must be
permitted.
C.
Abandoned signs.
(1)
When the Building Official finds that a sign has been abandoned,
written notice ordering its removal shall be sent by certified mail,
return receipt requested, to the owner of the property on which the
sign is located and to the person to whom the permit was issued if
not the owner.
(2)
If a sign is not removed within 14 days of the issuance of an
order, the Building Official shall remove or arrange for the removal
of the sign. The sign shall be stored by the Building Official in
a safe location for 30 days, after which time it may be appropriately
disposed of. Any costs incurred shall be borne by the sign owner and
if unpaid after 30 days, the Town may place a lien on any of the sign
owner's property in Town.
D.
Appeals. Any individual aggrieved by a decision of the Building Official
may appeal to the Brewster Board of Appeals as provided under MGL
c. 40A of the Commonwealth of Massachusetts except that no variances
may be granted for off-premises signs.
