[Amended 4-6-2019 ATM by Art. 16]
[Amended 10-17-2020 STM by Art. 4]
The purpose and intent of this bylaw shall be to regulate, restrict and place limitations on the size, location, type and illumination of signs, as specified herein, to ensure that they are appropriate to the land, building or use to which they are related, be protective of property values and the public safety and not unnecessarily detract from the historic qualities and characteristics of the Town of Wenham.
A. 
Residential District. Signs are prohibited in the Residential District, except as described below. All allowable signs are subject to the general standards set forth in § 255-7.3. Any signs found to be in violation of this section are subject to removal by the Town.
(1) 
Allowable temporary signs.
(a) 
Real estate signs. On any lot there shall be no more than one temporary sign not exceeding seven square feet in area, pertaining to lease or sale of the lot or building on which such sign is placed. The sign shall be permitted for a period not to exceed seven days after such sale or lease execution.
(b) 
Contractor signs. One temporary sign not exceeding seven square feet in area, advertising contracted services being provided on site shall be permitted for a period not to exceed seven days after such completion of work.
(c) 
Noncommercial signs.
[1] 
On any lot, any noncommercial temporary sign {other than a special event sign addressed under Subsection A(1)(c)[2] of this bylaw} shall not exceed seven square feet in area.
[2] 
Special event signs. On any lot there shall be no more than one temporary sign not exceeding seven square feet in area, providing notice of the day and date of a special event, which signs may be erected for a period not to exceed two weeks prior to the event and are to be removed within two business days following the date of the event.
(2) 
Allowable permanent signs. On any lot there shall be no more than one such sign pertaining to the use thereof or having the name and occupation of the occupant or occupants, and no such sign shall exceed two square feet in area. All permanent signs located in the Historic District are also subject to Historic District Commission review and approval.
(3) 
Special permit. The Planning Board may, upon a request therefor, issue a special permit for the erection of a temporary or permanent sign under this § 255-7.2 that is larger, or posted for a longer period of time, than otherwise authorized hereunder, which sign the Planning Board deems not detrimental to the surrounding property nor injurious to the public welfare; provided, however, that any such permitted sign in the Historic District is also subject to the approval of the Historic District Commission.
B. 
Business District. Signs advertising goods or services offered by an occupant of the premises for sale, hire or use are permitted; provided, however, that any such sign in the Historic District is subject to the approval of the Historic District Commission and further provided that signs shall not exceed seven square feet in area for one business, or in the case of a building containing more than one business, the following shall apply:
(1) 
One street side sign not to exceed seven square feet to identify the complex itself.
(2) 
Individual businesses within the complex identified at street side with signs 12 inches by 36 inches arranged vertically in a single structure.
(3) 
Each business within the complex may have one two-square-foot sign located at the doorway for business identification.
C. 
Senior Housing Overlay District (SHOD). See § 255-12.3H for special requirements for signs located in a Senior Housing Overlay District.
The following standards apply to all signs:
A. 
No sign shall be erected so as to obstruct any fire escape, window, door, or other opening or so as to prevent free passage from one part of a roof to any other part thereof.
B. 
No sign shall be attached in any manner to a fire escape or shall be placed to interfere with an opening which is required for ventilation.
C. 
No exposed, uninsulated parts of an electrical sign shall be permitted.
D. 
No sign shall be erected that shall in any way create a traffic hazard or in any way obscure or confuse traffic control.
E. 
No sign or sign structure shall interfere in any way with a paved roadway or sidewalk on a public way, or adjacent public property between a paved roadway and sidewalk.
F. 
Letters, figures, characters, or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
G. 
Signs shall be designed, constructed, and erected in accordance with the State Building Code.
H. 
No sign shall be posted on or attached to utility poles, or trees, or attached to any parapet.
[Amended 10-17-2020 STM by Art. 4]
I. 
No nonmunicipal sign shall be located on public property, with the exception of a location to be designated by a policy of the Board of Selectmen, with such policy to be set only after a public hearing process, including notification in a newspaper of general circulation at least seven days prior to the date of the public hearing
The following additional standards apply to illuminated signs.
A. 
Illuminated signs are not permitted within residential districts without a special permit.
B. 
No red or green or other colored lights shall be used on any sign if such light would create a driving hazard.
C. 
No sign may be illuminated more than 30 minutes after closing of any store or business or 30 minutes after working hours in a commercial building, except signs identifying public buildings; provided, however, that the Planning Board, in granting a special permit, may, for good cause shown, extend the time during which a sign may be illuminated.
Swinging signs, flashing signs, revolving signs, and signs consisting of pennants, ribbons, streamers, spinners, strings of light bulbs, revolving beacons, searchlights, animated signs, and signs illuminated to create the illusion of motion are prohibited.
Every sign shall be maintained by the owner in a clean, sanitary condition and in good repair. In addition, every freestanding pole or ground sign shall be kept free and clear of all substances, rubbish, and weeds.
Notwithstanding the provisions set forth in this article, the Planning Board may authorize nonconforming signs or a greater number of signs by the grant of a special permit where such relief is not detrimental to the neighborhood or the Town.
A. 
Exemptions. No permit is required for the following types of signs:
(1) 
Any sign legally erected before the date of the Town Meeting approving this article shall be exempt from the requirements in this article.
(2) 
Any sign erected or required by the Town, by the Commonwealth of Massachusetts or by the United States, or any subdivision or agency thereof, or for any sign intended solely for the protection of life or property.
B. 
Special permit process.
(1) 
Application. Application for a sign special permit shall be made in writing upon forms furnished by the Planning Board. Such application shall contain the location by street number of the proposed sign, the name and address of the owner of the sign, the name and address of the sign contractor or erector, if any, and a scale drawing showing the construction, the method of installation or support, colors, dimensions, and position of the sign, method of illumination and such other relevant information as may be requested.
(2) 
Fee. A sign special permit fee shall be paid to the Town for each permit in accordance with the schedule established by the Planning Board.
(3) 
Inspection. The Building Inspector shall inspect any sign subject to a special permit within 30 days after it is erected and shall report to the Planning Board that said sign has been erected properly and in accordance with the provisions of this article and any other applicable law.
(4) 
Constructive grant. If a sign special permit has not been denied within 60 days after application has been made, it shall be deemed to be approved.
(5) 
Lapse. A sign special permit shall become null and void if the work for which the permit was issued has not been completed within a period of one year from the date of the permit; provided, however, that the Planning Board may, in its discretion, issue extensions covering a period not to exceed an additional one year from the date of issue of the original permit. The applicant shall notify the Building Inspector of completion of work under a permit within 10 days of completion.
This bylaw may be enforced by the Building Inspector by any means available in law or in equity in accordance with Chapter 1, Article I, of the General Bylaws, including noncriminal disposition.