For the purposes of this article, the following terms shall
have the following meanings:
The total surface area of the sign. The display area of an
individual letter sign or irregular-shaped sign shall be the area
of the smallest rectangle into which the letters or shape will fit.
Where sign faces are placed back to back and face in opposite directions,
the display area shall be defined as the area of one face of the design.
Any constructing, relettering, extending, altering or changing
of a sign other than repainting, repairing and maintaining.
Any symbol, design or device used to identify or advertise
any place of business, product, activity, or person.
The following regulations shall apply in all districts:
A.
No exterior sign or advertising device shall be erected except as
provided by this chapter.
B.
No sign that requires a sign permit under this chapter shall be erected
except in the exact location and manner described in the permit.
C.
No sign shall be erected that in any way creates a traffic hazard
or obscures or confuses traffic control.
D.
Signs shall not be illuminated between the hours of 11:00 p.m. and
7:00 a.m. unless related to an establishment operating during those
hours.
E.
The illumination from any sign shall be shaded, shielded, directed,
and maintained at a sufficiently low intensity and brightness that
it shall not affect the safe vision of operators of vehicles moving
within the premises or on any adjacent public or private way.
F.
Any sign that advertises or identifies products, businesses, services
or activities that are no longer sold, located, or carried on at the
premises shall be removed within 60 days after written notice by the
Building Commissioner.
G.
No sign shall be erected with any part closer than 10 feet to the
traveled roadway or side or rear yard lot lines.
No signs that require a sign permit shall hereafter be constructed
except in conformity with a sign permit from the Building Commissioner.
B.
Application.
(1)
All applications for signs requiring a sign permit shall be
obtained from the Building Commissioner and shall include at least:
(a)
The location, by street number, of the proposed sign;
(b)
The name and address of the sign owner and the owner of the
premises where the sign is to be located, if other than the sign owner;
(c)
A scale drawing showing the proposed construction, method of
installation or support, materials, colors, dimensions, location of
sign on the site, and the method of illumination; and
(d)
Such other pertinent information as the Building Commissioner
may require to ensure compliance with this chapter and other applicable
law.
(2)
The application must be signed by the owner and the owner of
the premises where the sign is to be located.
(3)
The Building Commissioner shall have the authority to reject
any sign permit application that is not completed when submitted.
C.
Time limitations. The Building Commissioner shall approve or disapprove
any application for a sign permit within 30 days of receipt of the
application. If the Building Commissioner should fail to approve or
disapprove an application for a sign permit within the thirty-day
period, the application shall be deemed to be approved.
D.
Fees. The City Council shall establish, and from time to time review,
a sign permit fee, which shall be published as part of the sign permit
application.
A.
Except as provided in § 675-960, the following are prohibited:
(1)
All billboards, signs on utility poles, trees, or fences, and
all signs not located on the same premises as the advertised activity,
business, product, or person.
(2)
All signs consisting of pennants, ribbons, streamers, spinners,
revolving beacons or animated skies.
(3)
Mobile signs. Signs that are placed on a chassis or that are
designed to be taken from site to site are not allowed.
(4)
Portable signs. Signs on sidewalks that swing freely.
B.
No sign shall flash, rotate, or make noise. No sign shall move or
give the illusion of moving, except for indications of time and temperature
or barber poles.
C.
No roof signs shall be erected except those roof signs placed at
least one foot below the top of the lower slope of a mansard roof.
The following do not require a sign permit:
A.
Resident identification sign. For single- and two-family dwellings
in any district, one identification sign upon a lot identifying the
occupants shall not require a sign permit. In the residential districts,
one sign identifying any other use which is conducted on the premises
and is permitted in the residential districts. All such signs shall
not exceed two square feet of display area and, if lit, shall use
indirect white light only.
B.
Government signs. Signs erected and maintained by the City of Gardner,
the Commonwealth of Massachusetts, or the federal government on any
land, building, or structure used by such agencies.
C.
Temporary construction signs. One temporary construction sign for
a new project identifying the building, the owner or intended occupant
and the contractor, architect and engineers, which shall not be illuminated
nor more than 32 square feet of display area. Such signs shall not
be erected prior to the issuance of a building permit and shall be
removed within seven days of completion of the construction or issuance
of the occupancy permit, whichever comes first.
D.
Fuel pump signs. Fuel pump signs on service station fuel pumps identifying
the name or type of fuel and price thereof.
E.
Window signs. Window signs in commercial or industrial districts
shall not require a sign permit, provided that the aggregate display
surface of all signs covers no more than 30% of the window or door
on which they are placed. Such signs shall not be illuminated other
than by lighting fixtures on the building.
F.
Political signs and posters. Political signs and posters are allowed
on private property.
G.
Real estate signs. Real estate signs are allowed for a period up
to 30 days beyond the closing of a sale. Signs shall be no more than
three square feet in area in single-family residential districts and
12 square feet in area in multifamily, commercial and industrial districts.
H.
Product display. Displaying products sold on the premises in commercial
or industrial districts shall not require a sign permit; provided,
however, that all other promotional and pricing information is centrally
located on permitted signs and not affixed to the displayed products.
No displayed product shall be located on publicly owned land, sidewalks,
parking areas or traveled ways.
I.
Public service signs. A sign not exceeding two square feet to recognize
an entity performing a service at no cost to the public, such as beautification
of a public way or public building. Public service signs shall only
identify the name of the entity performing the service and shall not
advertise, identify or promote any product, person, premises, or activity.
No public service sign shall be located more than six feet above ground
level if mounted on a wall of a building or more than 3 1/2 feet
above the ground if freestanding. Such sign shall be removed within
seven days after termination of service.
J.
Temporary handwritten signs. Signs of this type may not cover more
than 20% of window and door areas and are not allowed to remain in
place for a period longer than 30 days.
K.
Standing signs. One standing sign ("sandwich board"), announcement
board, or public information sign, not exceeding 12 square feet, shall
be allowed for notices and announcements of services and events. Such
signs must be located within the required front yard. No standing
sign shall be located on publicly owned land, sidewalks, parking areas
or traveled ways unless a license or other form of written permission
is granted by the City of Gardner and does not impede public access
and circulation. Said signs shall be removed daily and not left on
public land overnight.
The following signs and advertising devices shall require a
no-charge temporary sign permit. The life of this permit shall be
30 days. One reissuance of a temporary sign permit will be allowed
at the discretion of the Building Commissioner.
A.
Public event signs for an event sponsored by an organization and
open to the public. Such signs shall be removed within five days after
the event.
B.
Changeable letter signs. A mobile sign, with or without wheels, upon
which the letters and/or lighting can be changed. These shall be allowed
only to announce the opening of an event, establishment, or promotional
activity.
C.
Pennants, banners, balloons, flags, and searchlights. Such advertising
devices shall be allowed only to announce the opening of an event,
establishment, or promotional activity.
Any principal use permitted in the commercial or industrial
districts may erect a sign or signs subject to the following:
A.
Wall sign or individual letter sign. A wall sign or individual letter
sign shall not exceed four feet in height. A wall sign or individual
letter sign on the exterior wall of the first floor of a building
shall not exceed in area two square feet for each linear foot of the
wall or 80 square feet, whichever is less. The length of signs of
establishments occupying other than the first floor of a building
shall not exceed six feet. No portion of a wall sign or individual
letter sign shall project more than one foot from the face of the
wall or above the wall of any building. In no case shall a sign project
above a parapet wall. An establishment may divide the entire display
area permitted herein into separate wall signs or individual letter
signs, provided that the maximum height of each separate sign does
not exceed the maximum height permitted herein and the sum of the
aggregate width and area of each separate sign does not exceed the
maximum permitted herein.
B.
Secondary signs. If an establishment has a direct entrance into the
establishment in a wall other than the front wall, there may be a
secondary sign affixed to such wall, and if an establishment has a
wall, other than the front wall, that faces upon a street or parking
area, there may be a secondary sign affixed to such a wall; provided,
however, that no establishment shall have more than two secondary
signs in any event. This display area of all secondary signs shall
not exceed one square foot for each linear foot of the walls or 40
square feet, whichever is less.
C.
Directory signs. One exterior directory sign listing the name and
location of the occupants of the premises may be erected on the exterior
wall or pole of a building at each entrance or other appropriate location,
provided that the display area shall not exceed one square foot for
each occupant identified on the directory sign.
D.
Directional signs. Directional signs may be erected near a street,
driveway, or parking area if necessary for the safety and direction
of vehicular or pedestrian traffic. The display area of each directional
sign shall not exceed two square feet, and no directional sign shall
be located more than six feet above the ground level if mounted on
a wall of a building or more than 3 1/2 feet above the ground
if freestanding. Directional signs shall not advertise, identify,
or promote any product, person, premises, or activity but may identify
the street name/number and provide directions.
E.
Freestanding establishment signs. One freestanding establishment
sign which identifies only the name of an establishment center or
an establishment may be erected on a lot. The display area of a freestanding
establishment sign shall not exceed 50 square feet and the height
shall not exceed 15 feet, with a maximum seven feet six inches' clearance
above the grade.
F.
Awning signs. Awning signs are permitted, if sign lettering does
not occupy more than 30% of the awning area. Awnings must be placed
at a minimum of seven feet six inches from the surface of the sidewalk.
G.
Perpendicular signs. One projecting, or perpendicular, sign may be
erected within five feet of the establishment's entrance and must
be erected no less than 10 feet from the ground level, at the base
of the building above a sidewalk to the bottom of the sign, so long
as public safety is not endangered, and no more than 20 feet from
the ground level to the top of the sign. Such sign shall not extend
above the building, nor be more than eight square feet in area and,
when combined with any existing alternative signage, shall not exceed
a total of 80 square feet. All perpendicular signs must be externally
lit from the top and shine downward.
Signs erected in duly authorized historic districts and signs
erected on sites listed on the National Historic Register or the State
Register of Historic Places shall comply with the following requirements:
A.
Signs shall be designed to complement the historic character of the
district or site. No sign shall obscure contributing architectural
features of historic structures, including but not limited to cornices,
lintels, transoms, windows, and doors.
B.
Wall sign or individual letter sign. A wall sign or individual letter
sign shall not exceed four feet in height. A wall sign or individual
letter sign on the exterior wall of the first floor of a building
shall not exceed in area one square foot for each linear foot of the
wall or 40 square feet, whichever is less. The length of signs of
establishments occupying other than the first floor of a building
shall not exceed six feet. No portion of a wall sign or individual
letter sign shall project more than one foot from the face of the
wall or above the wall of any building. In no case shall a sign project
above a parapet wall. An establishment may divide the entire display
area permitted herein into separate wall signs or individual letter
signs, provided that the maximum height of each separate sign does
not exceed the maximum height permitted herein and the sum of the
aggregate width and area of each separate sign does not exceed the
maximum permitted herein.
C.
Secondary signs. If an establishment has a direct entrance into the
establishment in a wall other than the front wall, there may be a
secondary sign affixed to such wall, and if an establishment has a
wall, other than the front wall, that faces upon a street or parking
area, there may be a secondary sign affixed to such a wall; provided,
however, that no establishment shall have more than two secondary
signs in any event. The display area of all secondary signs shall
not exceed one square foot for each two linear feet of walls or 30
square feet, whichever is less.
D.
Awnings. Awning signs are permitted, if sign lettering does not occupy
more than 20% of the awning area. Awnings must be placed a minimum
seven feet six inches from the surface of the sidewalk.
E.
Commodity/trademark signs. Such signs are prohibited in historic
districts and on historic structures.
F.
Freestanding establishment sign. One freestanding establishment sign
which identifies only the name of an establishment center or an establishment
may be erected on a lot, provided that no other sign(s) permitted
under this chapter other than directory or directional signs shall
be on the same lot. The display area of a freestanding establishment
sign shall not exceed 20 square feet and the height shall not exceed
six feet six inches, with a maximum three feet six inches' clearance
above the grade.
G.
Perpendicular signs. One projecting, or perpendicular, sign may be
erected within five feet of the establishment's entrance and must
be erected no less than 10 feet from the ground level at the base
of the building above a sidewalk to the bottom of the sign, so long
as public safety is not endangered, and no more than 20 feet from
the ground level to the top of the sign. Such sign shall not extend
above the building, nor be more than eight square feet in area and,
when combined with any existing alternative signage, shall not exceed
a total of 40 square feet. All perpendicular signs must be externally
lit from the top and shine downward.
A.
Continuance. A nonconforming sign, lawfully existing at the time
of adoption of or subsequent amendment to this chapter, may continue
its nonconforming use although such sign does not conform to the provisions
of this article; provided, however, that if such nonconforming sign
is expanded, extended, enlarged or relocated in any manner, it must
then conform to the provisions of this article, provided further that
the exemption provided in this section shall terminate in the event
that such nonconforming sign:
B.
Maintenance. Any lawfully existing sign may be maintained, repaired,
or repainted. No lawfully existing sign shall be expanded, extended,
or enlarged in dimension or use unless it conforms to the provisions
of this article or the owner of such sign has obtained a lawful variance
therefrom.
C.
Replacement. The face of any legally existing nonconforming sign, pursuant to the exemption provided by Subsection A of this section, may be replaced with a new face; provided, however, that such replacement shall not expand, extend or enlarge the dimensions of use of such sign or change the location of the existing nonconforming sign. Any sign that replaces a nonconforming sign not exempted by Subsection A of this section shall conform to the provisions of this article, and such nonconforming sign shall not be displayed on the premises. If a legally existing nonconforming sign exempted under Subsection A of this section is destroyed by vandalism or other reason beyond the control of the owner or subsequent owner, it may be replaced with a sign of the same dimensions and use or restored to its original condition within one year.
