[Amended 5-4-2019 ATM
by Art. 29]
No signs or advertising devices of any kind or nature shall
be erected on any premises or affixed to the outside of any structure
or be visible from the outside of any structure in Westminster, except
as specifically permitted in this section.
The purposes of this article are to:
A.
Encourage signs that provide information and advertising to the public
in an orderly, effective and safe manner.
B.
Help simplify the permitting process for signs that require permits.
C.
Encourage signs that are harmonious and compatible with the architectural
and environmental character of the property.
D.
Encourage signs that complement the rural character and natural beauty
of the Town.
As used in this article, the following terms shall have the
meanings indicated:
A sign that no longer identifies a bona fide business, lessor,
service, owner, product or activity for which the time of event passed,
and/or for which no legal owner can be found. This definition also
includes any structure which no longer supports the sign for which
it was designed.
A sign that is subordinate to the principal sign and customarily
incidental to, and on the same lot as the principal use.
A nonilluminated sign painted on or attached to a fabric
or vinyl cover on a rigid frame. Only business names and/or logos
may be attached to, painted, stenciled or otherwise placed on an awning.
A temporary or permanent sign made of flexible material that
may be freehanging or attached to poles and/or structures.
The exterior trim of a structure at the meeting of a roof
and a wall.
A sign erected and maintained by local officials within the
public right-of-way used to indicate to the traveling public the route
and distance to public accommodations, facilities, commercial services
and points of interest. Such signs shall conform to all applicable
state regulations regarding the placement of signs within the public
right-of-way.
A sign with two faces or panels, which are not visible at
the same time and which, unlike a V-shaped sign, are directly back
to back.
A sign that does not require a permit.
The exterior face of a building.
A sign self-supported by a pole or post and not attached
to any building, wall or fence, but in a fixed location. Types of
freestanding signs include post and arm, monument, and pole signs.
An on-premises sign indicating a business, trade, occupation
or profession conducted at the proprietor's residence or within a
structure accessory to a residence.
A sign lighted or exposed to artificial light either by lights
on or in the sign and directed towards the sign including halo lighting,
direct/external lighting, indirect lighting, or internal illumination.
Illumination by means of a light source completely enclosed
by the sign panel(s).
A freestanding ground sign with two vertical supports and
two or more crosspieces serving as individual signs.
A sign painted on, attached to, or consisting of interchangeable
letters on the face of a permanent overhanging shelter that projects
from the face of a building.
An outside sign identifying a development, business, service,
or homes made of brick, masonry or stone, the bottom is attached directly
and permanently to the ground and physically separated from any other
structure.
Any sign or advertising device legally erected as of March
5, 2019, but not abiding by this article.
Any sign that advertises or indicates a person/business that
is not located on the same premises as the person/business.
Any sign that advertises or indicates the person/business
occupying the premises on which the sign is located, the merchandise
for sale or the activity conducted thereon.
A sign, including its support and structure, used for a period
of time greater than 60 days.
Any sign designed to be moved easily and not affixed to the
ground or structure.
A sign that is not allowed in the Town of Westminster as described in § 205-44.8.
A sign attached to the roof of a building.
A sole sign for a business displayed at least 60 days but
no more than 120 days each year. Such signs shall be governed by the
same regulations as all other permitted non-temporary signs.
Any permanent or temporary object, device, structure, billboard,
placard, painting, drawing, poster, design, letter, work, banner,
pennant, insignia, trade flag, picture or representation, or the painting
of any of the foregoing on the surface of a building or structure
used as, or which is in the nature of, an advertisement, announcement,
or direction or for the calling of attention to the premises, which
is on a public way or on private property within public view from
a public or private way or public park, public or private parking
lot, or property available for public use.
The person appointed by the Select Board to enforce this
article, referenced within the article as the SBO.
[Amended 11-16-2021 STM by Art. 4]
A plan for all signs referring to a single building or group
of contiguous commercial, industrial and/or residential units.
A permanent sign requiring a permit that conforms to a permitted use as described in § 205-44.6 and requiring approval by the Sign Bylaw Officer (SBO).
Includes all letters and accompanying designs and symbols,
together with the background on which they are displayed, any frame
around the sign, any cutouts or extensions, but shall not include
any support structure or bracing. Only one side of a double-faced
sign is used for computing sign square footage.
A sign, including its support structure, intended to be maintained
for a continuous period of 60 days or less in any calendar year.
A registered graphic or logo for a specific commodity.
A sandwich sign that is connected at a side edge, with two
panels, neither of which is visible at the same time, and which unlike
a double-faced sign, are not flush or parallel.
A departure from the requirements of this article as the
Zoning Board of Appeals, upon appeal in specific cases, is empowered
to authorize under the terms of this article.
A sign mounted parallel to the exterior surface of a building.
Any sign, picture, symbol or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service that is permanently affixed inside a window
or upon the window panes or glass, and is visible from the exterior
of a window.
A.
Construction: All signs must be constructed according to these guidelines.
(1)
Letters shall be carefully formed and adequately spaced, so
that the message is easily readable and the overall appearance is
neat, orderly and uncluttered.
(2)
No more than 60% of the total sign area shall be accompanied
by lettering.
(3)
Sign materials should be durable and easy to maintain. These
may include wood, paper, metal, slate, marble, gold leaf, glass, canvas,
stained glass, or other natural-looking materials.
(4)
All freestanding signs shall be designed and constructed to
withstand a wind pressure of not less than 30 pounds per square inch
of surface area.
(5)
Signs shall be designed to be compatible with the surroundings
and appropriate to the architectural character of the building on,
or near, which they are placed.
(6)
Trademarks that are registered for a specific commodity and
do not reflect the name of the business may occupy no more than 10%
of the sign area.
B.
Maintenance: All signs shall be maintained in good condition and
repair at all times.
(1)
All signs, supports and electrical work shall be kept clean,
neatly painted, and free from hazards, such as, but not limited to,
faulty wiring and loose supports, braces, guys and anchors.
(2)
Failure to maintain any sign may be examined by the SBO and,
if found in disrepair, the SBO shall give written notice of failure
to maintain. If the sign is not repaired within 30 days from the receipt
of the notice, then the SBO may order the sign be removed.
C.
Location.
(1)
Signs must be placed at least five feet from any property line.
(2)
No sign shall obstruct the vision between a height of three
feet and 10 feet above the surface of the street on a corner of two
street rights-of-way.
(3)
No private sign shall be placed on public property.
(4)
No sign shall be placed on private property without written
permission of the property owner.
(5)
Signs mounted on a roof shall not extend above the ridgeline.
(6)
No sign together with any supporting device shall extend to
a height above 20 feet.
(7)
Signs must not dominate building facades or obscure any architectural
details (including but not limited to arches, sills, moldings or cornices).
(8)
Signs shall be placed so as not to obstruct the view of traffic.
(9)
If a building fronts on two or more streets, the sign area for
each street frontage will be computed separately.
(10)
Supports and brackets shall not extend needlessly above the
cornice line of the building to which the sign is attached.
(11)
Except as otherwise permitted, all information conveyed by any
sign shall pertain to the premises on which the sign is located.
D.
Signs in the Commercial/Village Center/Industrial Zoning Districts:
(1)
The total number of signs requiring permits on a single business
or industrial complex is two, of which one may be freestanding.
(2)
A wall sign for each business may be a maximum of 32 square
feet.
(3)
The total cumulative area of all signs permitted on any lot
shall be two square feet of sign area per lineal foot of building
frontage, but in no case shall exceed 80 square feet, whichever is
less. Thirty-two square feet shall be permitted on any lot regardless
of building frontage.
(4)
The top edge of any freestanding sign may be no higher than
20 feet vertical measure above ground.
(5)
Signs must be at least five feet from any lot line.
(6)
In addition to the above provisions, signs in the Village Center
Zoning District shall also comply with the following standards:
E.
Signs in residential zoning districts.
(1)
One sign, except for mailbox identification, the letters of
which shall not exceed four inches in height and shall identify only
the box holder, displaying the street number, or name of the occupant
of premises, or both, not exceeding two square feet in area. Such
sign may be attached to a building or may be on a rod or post not
more than six feet high and not less than 10 feet from the street
line. Such sign may include identification of an accessory studio
or professional office in the dwelling or on the premises, or may
identify other permitted accessory uses, including customary home
occupations.
(2)
One bulletin or announcement board or identification sign for
a permitted nonresidential building or use, with not more than six
square feet of signboard area. For churches and institutions, two
bulletin or announcement boards or identification signs are permitted
for each building. Each such church or institution sign shall have
not more than 10 square feet of signboard area. No such signs shall
be located nearer street than 1/2 the required front yard depth.
(3)
On the premises with a lawfully nonconforming nonresidential
use, one sign with not more than six square feet of signboard area.
(4)
Two "for sale" or "for rent" or "for lease" signs with not more
than six square feet of signboard area each and advertising only the
premises on which the sign is located.
(5)
Two building contractor's signs on a building while actually
under construction not exceeding six square feet of signboard area
each.
(6)
In residential districts, all signs or advertising devices shall
be stationary and shall not contain any visible moving or movable
parts. No sign or advertising device in such districts shall be of
neon or illuminated-tube type. Lighting of any sign or advertising
device shall be continuous (not intermittent nor flashing nor changing)
and shall be so placed or hooded as to prevent direct light from shining
onto any street or adjacent property. No sign or advertising device
shall be illuminated after 11:00 p.m.
F.
Sign master plans: Owners of single businesses or groups of contiguous
commercial, industrial or residential units located together in a
development may adopt a sign master plan to govern advertising. Application
of these provisions should not detract from the rural character of
the Town.
(1)
Total sign area permitted for the entire development shall be
calculated at the rate of two square feet per foot of lineal building
frontage.
(2)
Each planned development may have one common freestanding sign
denoting the name of the facility not exceeding 80 square feet per
side and with the bottom panel not less than five feet above road
level and a maximum height of 15 feet.
(3)
All other signs shall be attached to buildings, a wall, projecting
or soffit type, and coordinated in material, shape, lettering, color,
and/or decorative elements.
(4)
Information and directional signage shall be consistent with
the general sign design of the development and is exempt from the
sign area calculation provided that it does not contain advertising.
(5)
Groups of signs shall express uniformity, create a harmonious
appearance, and provide a visual and aesthetic coordination of the
information presented to the public.
(6)
Height and physical placement of signs shall be consistent throughout
the master plan area.
(7)
The sign master plan shall be approved by the Planning Board through the site plan review process specified in § 205-43, at a public hearing, and give details regarding sign placement, design, color, coordination, visibility, information messages and compatibility with the general design of the development.
Signs that require no permit may be erected and maintained without
permits or fees, provided that such signs comply with the general
requirements of this article and other conditions specifically imposed
by other regulations. If in question, the SBO shall determine whether
or not a sign is exempt. The following types of signs, permanent and
temporary, are exempt from needing a permit:
A.
Temporary or permanent signs, including banners, erected and maintained
by the Town, county, state or federal government for traffic direction,
direction to or identification of an historic site or structure, government
facility or event as approved by the Select Board.
[Amended 11-16-2021 STM by Art. 4]
B.
Permanent: signs used for a period of time greater than 60 days.
(1)
Historic markers, tablets, statues, memorial signs and plaques
containing the names of buildings, and dates of erection when cut
into any masonry surface or when installed on the building that do
not exceed six square feet in total size.
(2)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(3)
On-premise directional signs as long as they do not exceed six
square feet per face and six feet in height when included as an integral
part of an approved sign master plan for a development or complex.
Business names and personal names shall be allowed not to exceed one
square foot in area.
(4)
Nonilluminated warning and private drive signs shall be no larger
than two square feet.
(5)
Posted or no trespassing signs shall be no larger than two square
feet. One sign per 50 feet of frontage is allowed.
(6)
Name plates identifying residents and numbers identifying houses,
mounted on a house, apartments or mailboxes, not exceeding two square
feet in area.
(7)
Lamppost signs identifying residents, with no more than two
faces and not exceeding one square foot per face. Such signs are to
be nonilluminated, except by a light which is an integral part of
the lamppost.
C.
Temporary signs: signs intended to be maintained for a continuous
period of less than 60 days in any calendar year. A maximum of two
temporary signs per lot are allowed in each of the following cases,
unless specified otherwise in this article.
(1)
Within residential zones, the sign must be less than four square
feet in area.
(2)
Temporary identification signs for approved subdivisions shall
not exceed 32 square feet and shall be removed upon the sale of the
last remaining lot within the subdivision.
(3)
Within commercial and industrial zones, the sign must not to
exceed 32 square feet, set back at least five feet from all property
lines and highway rights-of-way.
(4)
Temporary nonilluminated window signs and posters must not exceed
16 square feet in area or 30% of the window surface area.
(5)
The sign must be removed within one week after the event to
which it relates.
(6)
Flag business signs made of fabric, provided that:
(a)
Only one such flag is permitted per business.
(b)
Flag size shall be no greater than three feet by five feet.
(c)
The flag is displayed only during business hours of operation.
(d)
Pole or support for the flag shall not exceed 10 feet in height.
(e)
Such flags shall not project or hang over a public right-of-way,
including the sidewalk.
(7)
New business signs or new business location.
(a)
While awaiting installation of a permanent sign, a business
may utilize a temporary sign for a period of not more than 30 days
or until the installation of a permanent sign, whichever occurs first.
(b)
Grand opening signs: pennants, banners, and flags may be displayed
for a period not to exceed 30 days after the business first opens,
as long as these temporary signs do not create a safety hazard.
(8)
Flags or decorations which are considered to be home flags that
are placed to show spirit, pride or some type of seasonal activity.
The following signs shall require the issuance of a sign permit
from the SBO:
A.
Projecting sign: any affixed perpendicularly to a wall surface, building
or structure.
(1)
All parts of such signs and the brackets which attach it to
the wall shall be higher in height than 10 feet and lower in height
than 15 feet above the pedestrian traffic area. However, such signs
must be located below the bottom of the second-floor windowsills.
On a one-story building, the top of the sign must be lower than the
lowest point of the roof.
(2)
Such signs and the brackets that attach it to a wall must project
no more than four feet from the building face and shall not extend
over the sidewalk or public way.
(3)
Such signs must hang at least six inches away from the wall.
(4)
Such signs must not extend into vehicle traffic areas, such
as parking lots or driveways, excluding drive-through facilities.
(5)
The total surface area of such signs must not exceed 12 square
feet each side.
B.
Wall-hung sign: any sign incorporated into, or attached to, the wall
of a building or structure with the face of the sign parallel to the
wall. This may include three-dimensional letters applied directly
to the surface.
(1)
Such signs shall be mounted no more than six inches from the
wall surface and extend no more than 15 inches from the wall.
(2)
Such signs can be no larger than one square foot for each linear
foot of building face parallel to the street on the front of the building
to a maximum of 80 square feet.
(3)
Such signs cannot obscure architectural details of the buildings,
such as cornices, windows, arches, lintels, and transoms.
(4)
Such signs must be attached to the building, not the parapet,
cornice or trim.
(5)
Such signs cannot extend over the top of the walls or beyond
the ends of the walls to which they are attached. On a two-story building,
all parts of such signs must be located below the sill of the second-floor
windows.
C.
Freestanding signs: Any self-supporting sign in a fixed location
and not attached to any building or structure.
(1)
Such signs shall have no more than two faces.
(2)
The area of each face shall not exceed 30 square feet.
(3)
The top of such signs must be less than 15 feet in height, as
long as the sign does not obstruct the visibility for vehicles and
pedestrians.
(4)
A lot with frontage of 300 feet or more may have two such signs,
which be located at least 100 feet from the other.
(5)
Such signs shall be erected so that free egress to and from
any building public right-of-way is not obstructed.
(6)
Such signs shall not extend over or into the public right-of-way,
pedestrian walkway or driveway (excluding drive-through facilities),
nor shall they hang over any property line.
(7)
Such signs shall be located no less than five feet from any
property line.
D.
Multiple sign: More than one sign clustered into a single group,
and usually sharing a common heading. It can be wall-mounted, projecting,
or freestanding.
(1)
The display boards shall be an integrated and uniform design.
(2)
The allowable sign area for each side shall be computed at 10%
of the building front face square footage (the length times the height
of the building facade), to achieve the base square footage, or 32
square feet, whichever is smaller.
E.
(Reserved)
F.
Painted wall sign: A permanent message painted directly on the outside
surface of a building or structure.
G.
Portable sign: Any sign designed to be transported.
(1)
These signs include but are not limited to the following:
(a)
Sandwich board signs in an A-shape with a message on both sides.
(b)
Signs converted to an A- or T-frame sign.
(c)
Signs with wheels removed.
(d)
Signs with chassis or support constructed without wheels.
(e)
Signs designed to be transported by trailer or wheels.
(f)
Signs attached temporarily to the ground, structure, or other
sign.
(g)
Signs mounted on a vehicle for advertising purposes, parked,
and visible from the public right-of-way, except signs identifying
the related business when the vehicle is being used in the normal
day-to-day operations of said business.
(2)
Only one of this type of sign is allowed per business.
(3)
Such signs shall not be located within a street or public right-of-way.
(4)
The sign shall not obstruct visibility of vehicles or pedestrians.
(5)
Such signs shall not obstruct pedestrian traffic. If located
on a sidewalk, it shall be placed adjacent to the building so as to
allow for a thirty-six-inch-minimum walkway.
(6)
The total height of such signs will be less than six feet.
(7)
The total area of each side is not to exceed 12 square feet.
(8)
Such signs must be an on-premises sign.
A.
All electrically illuminated signs shall conform to the Massachusetts
Electrical Code and be inspected by the Town's Wiring Inspector.
B.
All illumination must be a continuous external white light (spot,
track, over-hang, or wall lamps are acceptable).
C.
No signs shall be illuminated between the hours of 11:00 p.m. and
7:00 a.m. unless the commercial or industrial establishment on which
it is located is open for business at that time.
D.
No form of illumination that is flashing, moving, animated or intermittent
is allowed.
E.
Neon signs are not allowed.
F.
Internally illuminated signs are not allowed.
G.
No connecting wires shall be exposed.
H.
Illumination must not produce direct glare beyond the limits of the
property line.
A.
Awning signs: Any sign painted on or attached to fabric over a frame.
B.
Billboards: An off-premises sign used for the display of printed
or painted advertising matter.
C.
Internally illuminated signs: Signs with flashing, intermittent,
rotating, moving or animated lights, except to show time and temperature.
D.
Signs with moving parts.
E.
Any sign or sign structure that is structurally unsafe, or constitutes
a hazard to safety or health because of inadequate maintenance, dilapidation,
or abandonment.
F.
Any sign advertising or identifying a business, service, or organization
that is either defunct or no longer located on the premises.
Any sign located within the political boundaries of Westminster
as of October 5, 2019, that does not conform to this article is a
"legal nonconforming" sign, if the sign was in compliance with the
applicable bylaw at the time the sign was erected.
A.
A legal nonconforming sign shall lose its nonconforming status if:
(1)
The sign is altered in any way that makes the sign substantially
different from its structure prior to alterations.
(2)
The sign is relocated.
(3)
The sign is abandoned based on circumstances indicative of an
intention to abandon the use and vested rights.
(4)
All legal, nonconforming signs may be expanded upon a finding
from the Zoning Board of Appeals that the expansion is not more detrimental
to the neighborhood than the existing sign.
A.
A sign permit is to be obtained from the SBO.
B.
Applications may be filed by the property owner, business owner or
any person who has the authority to erect a sign on the premises.
C.
The SBO will review the permit application and accompanying materials
to ensure that the proposed sign complies with all applicable sections
of this article, other Town bylaws, and the State Building Code.
D.
The SBO shall act within 30 days of receipt of a completed application.
The SBO's failure to act may be appealed to the Zoning Board of Appeals.
E.
Fees: A schedule of fees for sign permits may be established and
amended from time to time by the Select Board.
[Amended 11-16-2021 STM by Art. 4]
F.
If the erection of a sign authorized under a sign permit has not
been completed within two years from the date of permit issuance,
the permit shall become null and void, but may be renewed upon filing
a subsequent sign permit application.
A.
Violation of any provision of this article or any lawful order of
the SBO shall be subject to a fine of not more than $50 per day for
each offense for the first five days. Each day thereafter that such
violation continues shall incur a fine of $100 per day for each offense.
B.
A sign shall be designed, erected, altered, reconstructed, moved
and maintained in accordance with the provisions of this section unless
specifically modified by another section of the Zoning Bylaw.
(1)
The SBO may require design changes for any sign or decline to
issue a building permit if he/she determines the sign would be inappropriate
as measured by the purposes of this article. His decision shall be
subject to appeal as is provided in Chapter 40A, § 8 of
the Massachusetts General Laws.
(2)
Permits required: A building permit shall be required for the
construction, erection, relocation or alteration of any sign except
as specifically exempted by this section. A sign shall comply with
all applicable zoning, building, electrical and fire codes.
(3)
Maintenance of signs: Every sign, whether requiring a permit
or not, shall be maintained in a safe, presentable and structurally
sound condition at all times, including the replacement of defective
parts and painting and cleaning of said sign.
(4)
Removal of dangerous or defective signs: The SBO may immediately
remove or cause to be removed any sign deemed to be defective and/or
to be a danger to public health and/or safety. The cost of said removal
shall be charged to the owner of the property where said sign is located.
(5)
Removal of unlawful signs in the public right-of-way: The SBO
may remove or cause to be removed any unlawful sign located in the
public right-of-way. Fines per sign may be levied against the owner
of said sign(s) under the provisions of Chapter 40, § 21d
of the Massachusetts General Laws.
Any person aggrieved by a decision by the SBO relative to the provisions of this article may appeal such decision, in writing, to the Zoning Board of Appeals as provided by the Zoning Bylaw (§ 205-49) and shall comply with all procedural requirements prescribed by the Board.
