[Amended 6-17-2021 ATM by Art. 31]
This bylaw allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This bylaw must be interpreted in a manner consistent with the First Amendment guarantee of free speech. It is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in § 195-6.2 of this bylaw.
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
A.
The regulation and restriction of signs within the Town of North
Andover in order to protect and enhance the visual environment of
the Town for purposes of safety, convenience, information, and the
welfare of its residents.
B.
The restricting of signs and lights which overload the public's capacity
to receive information, which violate privacy, or which increase the
probability of accidents by distracting attention or obstructing vision.
C.
The reduction of visual and informational conflict among private
signs and lighting and between the private and public information
systems.
D.
A sign placed on land or on a building for the purpose of identification,
protection or directing persons to a use conducted therein must be
deemed to be an integral but accessory and subordinate part of the
principal use of land or building unless otherwise specifically provided
for under the Zoning Bylaw. Therefore, the intent of this article
is to establish limitations on signs in order to ensure they are appropriate
to the land, building or use to which they are appurtenant unless
otherwise specifically provided for under this Zoning Bylaw, and are
adequate for their intended purpose while balancing the individual
and community interests identified in this section.
As used in this article, the following terms shall have the
meanings indicated:
A portable, temporary sign or device capable of standing
without support or attachments.
[1]Any sign that uses movement or a change of lighting to depict
action or create a special effect or scene.
The length in feet of a ground floor level of a building
front or side facing a street (or facing a right-of-way accessible
from a street) that is occupied by an individual business.
A sign containing and giving direction to community (noncommercial)
activities, buildings, areas, such sign not to exceed 12 inches by
30 inches.
[Amended 5-14-2019 ATM by Art. 30]
Temporary signs on the surface of or inside display windows,
lighted only by the general building illumination.
Includes to construct, place, relocate, enlarge, alter, attach,
suspend, and post.
A pole erected on a roof, or projecting from a building or
structure or on the ground.
Includes any sign not attached to a building or the ground.
Any sign erected on the ground which is self-supported and
anchored to the ground.
Any sign illuminated by electricity or other artificial light,
including reflective or phosphorescent light, and shall include the
location of the source of illumination.
Any sheltering structure of permanent construction projecting
from and totally supported by the wall and/or roof of a building.
[2]A sign or outdoor display that advertises products or services
that are not sold, produced, manufactured or furnished on the property
where the sign is located.
Any sign permitted to be erected and maintained for more
than 60 days.
The principal accessory sign which may be a wall, roof, or ground sign, as allowed in § 195-6.6.
Any sign which is attached to or suspended from a building
or other structure and any part of which projects more than 12 inches
from the wall surface of that portion of the building or structure.
Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building, with the
entire support on the roof or roof structure.
A wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in § 195-6.6.
Any structure, mechanically or electrically driven, still
or moving device, light, letter, figure, word, model, banner, pennant,
trade flag, or representation that is designed to be seen from outside
the lot on which it is erected. It advertises activities, goods, places,
persons, objects, institutions, organizations, associations, businesses
or events, products, services, or facilities available either on the
property where the sign appears or in some other location. The definition
includes electric signs in windows or doors, but does not include
window displays or merchandise. A sign may be permanent or temporary.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed but not including any supporting framework
and bracing which are incidental to the display itself.
For a sign painted upon or applied to a building, the area shall
be considered to include all lettering, wording, and accompanying
designs or symbols, together with any backing of a different color
than the finish material of the building face.
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall or window, the area shall
be considered to be that of the smallest rectangle or other convex
shape which encompasses all of the letters and symbols.
A sign permitted to be used on a short-term basis for a duration
of no longer than 60 days unless otherwise specifically provided herein.
Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
[1]
Editor's Note: The definition of "accessory sign," which immediately
followed this definition, was repealed 5-14-2019 ATM by Art. 30.
[2]
Editor's Note: The former definitions of "nonaccessory sign"
and "obscene," which immediately followed this definition, were repealed 5-14-2019 ATM by Art. 30 and 6-17-2021 ATM by
Art. 31, respectively.
A.
Enforcement. The Building Inspector is the enforcing authority for
this bylaw.
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
(1)
The Building Inspector and his/her duly authorized agents shall,
at reasonable times and upon presentation of credentials, have the
power to enter upon the premises on which any sign is erected or maintained
in order to inspect said sign.
(2)
The Building Inspector may, upon notice as herein provided,
order the repair or removal of any unpermitted sign, or sign which
is dangerous, unsafe, or in disrepair, or which is erected or maintained
contrary to this bylaw. The Building Inspector shall serve a written
notice and order upon the owner of record of the premises where the
sign is located and any tenant, or other persons known to him/her
having control of or a substantial interest in said sign, directing
the repair or removal of the sign within a time not to exceed 30 days
after giving such notice. If such notice and order is not obeyed within
such period of time, the Building Inspector and his duly authorized
agents may enforce this section through any court of competent jurisdiction.
B.
Permits.
(1)
No permanent sign shall be erected, enlarged, or structurally
altered without a sign permit issued by the Building Inspector. Permits
shall only be issued for signs in conformance with this bylaw. Permit
applications shall be accompanied by two prints of scale drawings
of the sign, supporting structure and location. A copy of any relevant
special permit shall also accompany the application. All ground or
roof signs shall be registered and identified as required by Section
1407.0 of the State Building Code.[1]
[1]
Editor's Note: Former Subsection B(2), which immediately followed
this subsection and permitted the display of lawful, noncommercial
messages on permanent signs, was repealed 5-14-2019 ATM by Art. 30.
C.
Nonconformance of accessory signs. Any nonconforming sign legally
erected prior to the adoption of this provision may be continued and
maintained. Any sign rendered nonconforming through change or termination
of activities on the premises shall be removed within 30 days of order
by the Building Inspector. No existing sign shall be enlarged, redesigned,
or altered in any way unless it conforms to the provisions contained
herein. Any sign which has been destroyed or damaged to the extent
that the cost of repair or restoration will exceed 1/3 of the replacement
value as of the date of destruction shall not be repaired, rebuilt,
restored or altered unless in conformity of this bylaw.
[Amended 6-17-2021 ATM by Art. 31]
D.
Street banners or signs. No street banners or signs shall be permitted
unless authorized by the Select Board. Street banners and signs across
public ways are not permitted.
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
A.
No sign shall be lighted, except by steady, stationary light, shielded
and directed solely at the sign. Internally lit signs are not allowed.
B.
No illumination shall be permitted which casts glare onto any residential
premises or onto any portion of a way so as to create a traffic hazard.
C.
No sign shall be illuminated in any residential district between
the hours of 12:00 midnight and 6:00 a.m. unless indicating time or
temperature or an establishment open to the public during those hours.
D.
No sign having red or green lights shall be erected within sight
of a traffic signal unless approved as nonhazardous by the Chief of
Police.
E.
No animated, revolving, flashing, or exterior neon sign shall be
permitted.
F.
No pennants, streamers, advertising flags, spinners or similar devices
shall be permitted.
G.
Corner visibility shall not be obstructed.
H.
No sign shall be erected, displayed, or maintained upon any rock,
tree, fence, or utility pole.
I.
No sign shall obstruct any means of egress from a building.
K.
No signs shall be attached to motor vehicles, trailers or other movable
objects regularly or recurrently located for fixed display.
L.
A property owner may not accept a fee for posting or maintaining a sign allowed under § 195-6.6, and any sign that is posted or maintained in violation of this provision is prohibited.
M.
In residential
zones or on property used for nontransient residential uses, commercial
signs are prohibited.
Permitted signs (fee required):
A.
Residential Districts: The following signs are allowed in a Residence
District as well as all other districts:
[Amended 6-17-2021 ATM by Art. 31]
(1)
Primary wall and roof signs attached to or part of the architectural
design of a building shall not exceed, in total area, more than 10%
of the area of the dimensional elevation of the building as determined
by the building frontage multiplied by the floor-to-ceiling height
of the individual business or as specified in applicable sections
of the bylaw.
(2)
One sign, either attached or ground, indicating only the name
of the owner or occupant, street number and permitted uses or occupations
engaged in thereon, not to exceed two square feet in area. Such sign
may include identification of any accessory professional office, home
occupation, or other accessory uses permitted in a Residence District.
Ground signs shall be set back a minimum of 10 feet from all property
lines and a minimum of 40 feet from all residential districts or structures.
(3)
One sign oriented to each street on which the premises has access,
either attached or ground, pertaining to an apartment development
or a permitted nonresidential principal use of the premises, such
sign not to exceed 10 square feet in area.
(4)
One unlighted contractor's sign, not exceeding 25 square feet
in area, maintained on the premises while construction is in process
and containing information relevant to the project. Such sign shall
be removed promptly after completion of the construction.
(5)
One unlighted identification sign at each public entrance to
a subdivision, not exceeding 12 square feet in area; to be removed
when the subdivision roadway is accepted by the Town.
(6)
Ground signs shall be set back a minimum of 10 feet from all
property lines and a minimum of 40 feet from all residential districts
or structures.
B.
Temporary signs. Temporary signs shall be allowed as provided below,
and provided that they comply with the following. Unless otherwise
specified in the bylaw, temporary signs must comply with all applicable
requirements for permanent signs, including issuance of a sign permit.
(1)
Temporary signs, of not more than 12 square feet in area, require
no sign permit and are to be removed within 30 days of erection. The
Building Inspector shall maintain placement controls.
[Amended 5-14-2019 ATM by Art. 30]
(2)
One temporary sign may be located on a property when:
[Amended 6-17-2021 ATM by Art. 31]
(a)
The owner consents and that property is being offered for sale through
a licensed real estate agent;
(b)
If not offered for sale through a real estate agent, when the sign
is owned by the property owner and that property is offered for sale
by the owner through advertising in a local newspaper of general circulation;
(c)
For a period of 15 days following the date on which a contract of
sale has been executed by a person purchasing the property;
(d)
The sign shall be no larger than 12 square feet. The Building Inspector
shall allow a sign larger than 12 square feet if the property fronts
on a state highway, such as Route 114 or Route 125, and a larger sign
is needed for legibility purposes; the total area or the sign does
not exceed 10% of the wall area upon which it is to be located; or
(3)
One temporary sign may be located on a property when:
[Amended 6-17-2021 ATM by Art. 31]
(a)
The owner or tenant intends to hold a yard sale or sell goods for
one day limited to the hours of 8:00 a.m. to 5:00 p.m.
(b)
For a period of two days, including the day of the sale. The sign
must be removed within two hours of the end of the sale.
(c)
A temporary sign may be on the property for only three times per
address per year.
(4)
Temporary signs not meeting requirements for permanent signs
may advertise a time event and shall be removed promptly within 24
hours of the time events. In any event, the sign(s) must be removed
within 30 days of erection.
[Amended 5-14-2019 ATM by Art. 30]
(5)
When a construction activity is taking place on a lot, one temporary
unlighted sign no larger than 25 square feet is permitted and must
be removed within 15 days of an issuance of a certificate of occupancy.
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
(6)
Temporary A-frame sign permit. The Building Inspector may issue
a permit for the temporary placement of a freestanding A-frame/sandwich
sign prior to an event, performance or activity; the sign i) must
be securely anchored so as to not blow over; ii) must be removed at
the close of each business day and at the expiration of the permit;
iii) may not obstruct a public or private walkway, or be placed on
public property. The maximum area shall not exceed eight square feet
on each side, and a maximum height of five feet above the ground.
The temporary permit may impose limiting conditions, including among
other matters the number allowed at each business property location.
[Amended 6-17-2021 ATM by Art. 31]
(7)
Unless otherwise specified in this bylaw, temporary signs pertaining to other noncommercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set forth in Subsection B(5) above.
(8)
Identification signs or entrance markers shall not exceed a
combined total of 30 square feet; and provided that there shall be
no more than two signs allowed on the premises.
[Amended 5-14-2019 ATM by Art. 30[1]]
[1]
Editor's Note: This article also repealed former Subsection
B(9), which immediately followed and pertained to signs erected for
the posting of land.
D.
Business and Industrial Districts: accessory signs. All signs permitted in Residence Districts as provided in Subsections A and B, except that temporary signs may be as large as 25 square feet. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one ground sign structure.
[Amended 5-14-2019 ATM by Art. 30]
(1)
Primary wall and roof signs attached to or part of the architectural
design of a building shall not exceed, in total area, more than 10%
of the area of the dimensional elevation of the building as determined
by the building frontage multiplied by the floor-to-ceiling height
of the individual business or as specified in applicable sections
of the bylaw.
(2)
One permanent ground sign of not more than 25 square feet in
area and extending not more than eight feet above ground level. Larger
or taller signs may be allowed by special permit of the Board of Appeals,
if said Board determines that the particular sign will not be incongruous
with the district in which it is to be located nor injurious to traffic
and safety conditions therein.
(3)
For premises having multiple occupants, a single sign, either
attached or ground, identifying those occupants. The total area of
attached signs, including this one, shall not exceed 10% of wall area,
and the area of any freestanding sign allowed under this subsection
shall not exceed 25 square feet.
(4)
Temporary unlighted signs inside windows, occupying not more
than 20% of the area of the window, require no sign permit.
(5)
No sign shall project more than one foot over any public right-of-way,
and all such signs shall be covered by appropriate liability insurance
as determined by the Building Inspector and verified by a certificate
of insurance filed with the Town Clerk.
(6)
Service stations or garages may divide the allowed wall sign
area into separate, smaller wall signs as identifier signs. A freestanding
ground identification sign of 50 square is allowed.
[Amended 6-17-2021 ATM by Art. 31]
(7)
For active fuel-dispensing service stations, seeking to identify
multiple tenants on the same lot and provide pricing information,
such stations may install one single freestanding ground identification
sign of 50 square feet. The maximum height (including pylons) of this
freestanding ground sign shall be 16 feet from ground level.
[Amended 6-17-2021 ATM by Art. 31]
(8)
Building directories (if located outside) may be affixed to
the exterior wall of a building at each public entrance. Such directory
shall not exceed an area determined on the basis of one square foot
for each establishment occupying the building.
(9)
Traffic control orientation and guidance signs located on private
property, up to four square feet in area, displayed for purposes of
direction or convenience, including signs identifying parking, fire
lanes, rest rooms, freight entrances and the like.
E.
Shopping centers.
(1)
Signs that are permitted in Residence Districts are permitted
in shopping centers, except that temporary signs may be as large as
10 square feet.
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
(2)
Signs attached to a building or its canopy, parallel with the
facade and not projecting above the roofline, provided that the total
area of all signs erected on any wall by any occupant may not exceed
20% of the portion of the wall area assigned to that occupant. In
no case shall any occupant's sign total more than 200 square feet
facing any single street.
[Amended 6-17-2021 ATM by Art. 31]
(3)
For any retailing complex comprising three or more enterprises
on a single lot and 50,000 square feet floor area or more, one ground
sign for each street on which the development fronts. Each sign shall
be no larger than 100 square feet. Such sign shall not be located
within 10 feet of any property line or the line of any way, and no
part of the sign shall be more than 20 feet above the ground level.
[Amended 6-17-2021 ATM by Art. 31]
(4)
Temporary, unlighted signs, inside windows, occupying not more
than 50% of the area of the window require no sign permit.
F.
Office parks.
(1)
Signs that are permitted in Residence Districts are permitted
in office parks, except that temporary real estate signs may be as
large as 10 square feet.
[Amended 6-17-2021 ATM by Art. 31]
(2)
One sign for each street upon which the premises has frontage,
identifying a subdivision of lots for office development. This sign
shall be no greater than eight feet in height and no larger than 20
square feet in area except where the property fronts on a high-speed,
limited-access highway, in which case a special exception may be granted
for a larger sign if required for legibility.
(3)
Signs for individual properties or tenants shall be limited
to a single sign no larger than three square feet per tenant. Individual
tenants must have a letter of permission from the property owner.
The Board of Appeals may grant a special permit for an exception for
a larger area where this will not impair the legibility of other signs
or be incongruous with the surroundings, based upon a consideration
of the number of occupants and signs per building, size of building
and integration of sign and building design.
G.
Industrial Districts.
(1)
Signs that are permitted in Residence Districts are permitted
in industrial parks, except that signs placed on the property when
the property is for sale, lease or otherwise may be as large as 25
square feet. The Building Inspector shall allow a sign larger than
25 square feet if:
[Amended 6-17-2021 ATM by Art. 31]
(2)
Signs attached flat against the wall or canopy of a building,
or projecting not more than six feet above such wall, advertising
the name of the firm or goods or services available or produced on
the premises; provided that the total area of all such signs does
not exceed 20% of the area of the side of the building to which they
are attached or 200 square feet, whichever is less.
(3)
One ground sign, containing the name or other identification
of the use on the property, for each street on which the property
fronts; each sign is limited to an area of 100 square feet. Such sign
shall not be located closer than 40 feet to any property line or 20
feet above ground level.
(4)
Notwithstanding anything to the contrary in this bylaw, the Planning Board may approve a comprehensive signage master plan by special permit for a redevelopment project located within the Industrial 2 (I-2) Zoning District which, if approved by the Planning Board in accordance with this § 195-6.6G(4), may allow for signage (including off-premises signage) which deviates from the specific sign requirements of the Zoning Bylaw, including § 195-6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of the sign bylaw criteria described under § 195-6.2, as well as the special permit criteria described under § 195-10.7 (special permits) of this bylaw. An application for a signage master plan special permit, which can be proposed for each parcel within the redevelopment project individually, should show proposed sizes, locations, and general design approach for signs, banners, awnings, etc., for each parcel included in such application in such detail as the Planning Board may deem reasonably necessary to make a decision to approve such special permit. Following approval of a signage master plan special permit, signs may be installed, removed, and replaced with the approval of the Building Inspector, provided that such signage conforms to the signage master plan approval. For purposes hereof, a "redevelopment project" shall be defined to be a project which encompasses one or more parcels of land which collectively consist of at least 100 acres, and involves new construction and/or renovations, where the parcels included may be separated by public or private rights-of-way, easements or other privately held land, and which parcels are not required to be held in common ownership.
[Added 6-16-2020 ATM by Art. 30]
[Amended 5-14-2019 ATM by Art. 30; 6-17-2021 ATM by Art. 31]
The following are further means by which the objectives for
signs can be served. These guidelines are not mandatory, but the degree
of compliance with them shall be considered by the Planning Board
and Zoning Board of Appeals in acting upon special permits authorized
by the Zoning Bylaws and by the Building Inspector in issuing a sign
permit authorized under this Article 6 of the Zoning Bylaw.
A.
Sign design elements.
[Amended ]
B.
Environmental relationship.
(1)
Sign design should take into consideration the scale of the
street to which the sign is oriented and the size, brightness, style,
height and colors of other signs in the vicinity.
(2)
Sign brightness should not be excessive in relation to background
lighting levels, e.g., averaging not in excess of 100 foot-lamberts
in the downtown or similarly bright areas and not in excess of 20
foot-lamberts in unlighted outlying areas.
C.
Building relationship.
(1)
Signs should be sized and located so as to not interrupt, obscure
or hide the continuity of columns, cornices, roof eaves, sill lines
or other elements of building structure and, where possible, should
reflect and emphasize building structural form.
(2)
Sign material, colors and lettering should be reflective of
the character of the building to which the sign relates, just as sign
size should be related to building size.
(3)
Clutter should be avoided by not using support brackets extending
above the sign or guy wires and turnbuckles.
