A.
To regulate signs within the City of Methuen in order to protect
and enhance the visual environment for the safety, convenience, information
and welfare of its residents.
B.
To provide for the manner in which signs and lighting shall be constructed
and/or altered.
C.
To restrict signs and lighting that overload the public capacity
to receive information, which violate privacy or which increase the
probability of accidents by distracting attention or obstructing vision.
D.
To encourage signage and lighting which aid communication, orientation,
identify activities, express local history and character and serve
educational purposes for the public good.
E.
To reduce the visual and informational conflict among signs and lighting.
A.
General applicability. All new or reconstructed or renovated signs
shall conform to the provisions of this article, except as otherwise
allowed or required by this article or as specifically exempted from
City ordinances by the Massachusetts General Laws, as amended. Signs
in recognition of an occupant in a residential building will not be
affected by this article, provided the sign area does not exceed two
square feet.
B.
Permitted changes to existing signs.
(1)
Existing signs which are accessory to an existing use or to a nonconforming use which is being continued or which has been replaced by another nonconforming use as provided in Article IX may be:
(a)
Continued unchanged except for required compliance to § 7.4C(3)
regarding hours of illumination and to § 7.3B(3) regarding
maintenance.
(b)
Altered or renovated, provided such sign does not thereby become
more nonconforming as to use, placement, dimensions or illumination
as regulated by this article.
(c)
Replaced by a sign conforming to the district.
(2)
A sign accessory to a nonconforming use may be replaced by a sign
conforming to the regulations for the most restrictive district in
which the nonconforming use is permitted by right, provided such sign
complies with the regulations for illumination of the district in
which it is located, and further provided that if the nonconforming
use is permitted by special permit, such sign shall conform to the
regulations for the most restrictive district permitted by special
permit.
C.
Signs under construction. Any sign, the erection of which has been
lawfully begun and carried on in good faith before this article becomes
operative, may be completed according to laws and regulations then
in force, but shall conform hereto as far as practicable without hardship.
D.
Removal of certain discontinued signs. This article shall not apply to signs existing at the time of adoption of this ordinance, except as noted in Subsection D(1) below. The owner of a discontinued sign of the kind specified in Subsection D(1) or (2) below shall remove said sign, together with any separate supporting structure, within 60 days after written notification from the Building Commissioner. An existing nonpermitted sign will not be considered an existing sign.
(1)
A sign accessory to a nonconforming use that has been abandoned as defined in Article II, Definitions.
(2)
A sign erected after adoption of this ordinance which, because of
a change in occupancy, or because of nonuse of the premises for 12
successive months, ceases to refer to a business conducted or product
sold on the premises, unless such a sign has been altered so as to
again be accessory to the premises.
A.
Required permits. A permit from the Building Commissioner is required
before sign erection, removal, alteration and enlargement or, except
for ordinary maintenance or repair, for a permitted residential identifying
sign or a permitted temporary sign.
B.
Manner of construction and maintenance.
(1)
Construction. All signs other than permitted temporary signs shall
be constructed of durable materials, and no sign shall be painted
or posted directly on the exterior surface of any wall or roof.
(2)
Illuminated signs. Illuminated signs shall be constructed of noncombustible
materials, except that facings, letters, figures, decorations and
structural trim therefor may be made of approved combustible plastic
as defined in accordance with American Society for Testing and Materials
standard methods.
(3)
Maintenance. All signs, including temporary signs, shall be securely
erected or affixed and kept safe, neat and clean and in good and safe
repair and operating conditions, to the reasonable satisfaction of
the Building Commissioner. If the owner of the sign has abandoned
the use of the premises, or has changed the use of the premises so
that the sign no longer refers to the use of the premises, then the
sign shall be removed within one year from the date of abandonment
or within one month from the date of the change in use.
C.
Application for permit. The owner or lessee of the premises on which
a sign is to be erected shall file the following with the Building
Commissioner:
(1)
An application in duplicate for a permit on appropriate blanks furnished
by the Building Commissioner, including the written consent of the
owner of the premises concerned or of his authorized agent.
(2)
Full name, residence and business address of the owner of the property,
of the lessee, if any, and of any authorized agent to whom notices
may be sent.
(3)
Locations, position and dimensions of sign.
(4)
Such plans, structural drawings and specifications as the Building
Commissioner may require for temporary examination and permanent record.
D.
Powers of Building Commissioner regarding signs.
(1)
Issuance of permit. The Building Commissioner shall, within 14 days,
approve or reject any applications for a sign filed with him in accordance
with all requirements of this article and all other applicable laws,
ordinances and regulations.
(2)
Electrical inspectors. If a sign contains any electrical devices,
the exercise of such permit shall be conditioned upon receipt by the
applicant of prior written approval of such sign from the City Electrical
Commissioner, given after physical inspection by him of all electrical
devices contained in said sign.
(3)
Applicability of Building Code. All of the provisions of the Building
Code of the City having general application to the issue, publication
of notice of revocation or refusal of permits, shall apply to the
fullest reasonable extent. Signs shall be deemed to be structures
subject to all applicable provisions of said Building Code and to
all of the powers thereby granted to the Code and to the Building
Commissioner.
A.
Number of signs. No more than one sign of each type permitted in
the district shall be placed in any street yard except as follows:
(1)
Wall signs. The permitted aggregate area for a wall sign may be distributed
among several smaller wall signs.
(2)
Temporary signs. One additional temporary sign accessory to a nonresidential
use is permitted in each street yard.
(3)
Directional signs. Directional signs are allowed up to the number
reasonably necessary to the direction of traffic.
B.
Placement of signs.
(1)
In street yards only. No standing signs, other than directional signs,
shall be permitted in side or rear yards, except for signs accessory
to a business or industry whose only public entrance is from that
side or rear yard.
(2)
Standing signs. No part of any standing sign shall be placed closer
to a street lot line than 1/2 the minimum front yard required for
the district, or 1/2 the actual yard between a street lot line and
an existing building, whichever is less, but in no case less than
five feet from the street lot line.
(3)
Wall signs. No wall sign shall extend beyond the ends of the wall
to which it is affixed nor rise above such wall more than 10 feet
or 1/3 the height of such wall, whichever is less.
(4)
Projecting signs. No projecting sign which overhangs a sidewalk or
the ends of a height of a wall to which it is affixed shall project
beyond a line drawn 18 inches from the inside of the curbline or 12
inches from the face of the building. No projecting sign shall be
affixed to the roof of a building.
C.
Illumination and motion of signs.
(1)
Prohibition of animated or flashing signs. Signs, any part of which
move or flash, all signs of the traveling light or animated type,
and all beacons and flashing devices are prohibited, with the exception
of Christmas lights during the period between Thanksgiving and New
Year's Day.
(2)
Prevention of glare. All illumination of signs must be so arranged as to prevent glare onto any portion of any public way or into any lot used or zoned for residence. See Subsection E of this section for regulations affecting outdoor lighting.
(3)
Hours of illumination. No sign shall be illuminated between 12:00
midnight and 6:00 a.m. on any day except for signs of businesses which
are legally carrying on business at other times, which may be illuminated
while said businesses are actually open to receive the public, and
except for signs of medical doctors at their residence, which may
be illuminated at any time.
(4)
Rural Residential and Residential (R) Districts. No signs in RR or
Residential (R) Districts shall be illuminated, other than indirectly,
and by a continuous white light from a source so placed that the lighted
surface of the source is not visible from any lot line.
D.
Prohibited signs.
(1)
Signs hazardous to traffic. No sign shall be so designated or colored
or so placed as, in the opinion of the City Police Chief, to endanger,
obscure, confuse, blind by glare or otherwise create a hazardous condition
to motor vehicle traffic.
(2)
In public rights-of-way. No sign shall be placed within or over a
public right-of-way except with permission of the public agency having
jurisdiction.
(3)
Off-premises. No sign is permitted which indicates a use or product
not specifically available on the property where the sign is located,
except for billboards.
E.
Outdoor lighting.
(1)
Any luminaire with a lamp or lamps rated a total of more than 2,000
lumens shall be of fully shielded design and shall not emit any direct
light above a horizontal plane passing through the lowest part of
the light-emitting luminaire.
(2)
All luminaires, regardless of lumen rating, shall be equipped with
whatever additional shielding, lenses or cutoff devices are required
to eliminate light trespass onto any street or abutting lot or parcel,
reduce indirect light reflecting off of other surfaces not part of
the luminaire, and to eliminate glare perceptible to persons on any
street or abutting lot or parcel.
(3)
Subsection E(1) above shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of any building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.
(4)
Outdoor lighting shall not be illuminated between 12:00 midnight
and 6:00 a.m., with the following exceptions:
(a)
If the use is being operated, such as a business open to customers,
or where employees are working or where an institution or place of
public assembly is conducting an activity, normal illumination shall
be allowed during the activity and for not more than 1/2 hour prior
to and after the activity ceases;
(b)
Low-level lighting sufficient for the security of persons or
property on the lot may be in operation between 12:00 midnight and
6:00 a.m., provided the average illumination on the ground or on any
vertical surface is not greater than 0.5 footcandle.
[Amended eff. 1-17-2017 by Ord. No. 914]
A.
Temporary signs.
(1)
During construction. During construction of a building or buildings,
not more than one temporary sign may be erected on the premises where
such construction is being carried on, identifying the buildings,
the intended occupants and those engaged in the construction. All
such signs shall be removed within seven days after completion of
construction.
(2)
Temporary accessory signs. Temporary signs relating to a business,
service, product or activity on the premises on which the sign is
located shall be removed from public view within seven days after
the activity has ceased, or after substantial damage to the sign,
whichever comes first.
(3)
Temporary nonaccessory signs. Temporary nonaccessory signs shall
be permitted only for noncommercial events, not including elections,
and the organization sponsoring such signs shall be required to obtain
a permit from the Building Commissioner. The display of such signs
is limited to a period of 30 days preceding and one day after the
relevant event, whereupon they shall be removed. No such sign shall
be attached to a tree or utility pole.
(4)
Temporary nonaccessory political campaign signs. Signs announcing
a person's candidacy for election to a municipal, county, state or
federal office shall be allowed but exempt from the permit requirements,
provided they comply with the following conditions:
[Added eff. 2-4-1994 by Ord. No. 498]
(a)
Time limitation:
[1]
In the instance where there is a primary election, no sign shall
be erected sooner than 30 days before the primary election. As to
those at-large or district races where there is no primary election,
no sign shall be erected sooner than 30 days before the general election.
[Amended eff. 1-3-1996 by Ord. No. 556]
[2]
The signs of a candidate who is successful in a primary election
may remain in place during the period between the primary election
and the Election Day following.
[3]
The signs of a candidate who was unsuccessful in a primary election
shall be removed no later than seven days after that primary election.
[4]
All candidates' signs shall be removed no later than seven days
after Election Day.
[5]
The authority for enforcement of this ordinance shall be vested
in the Inspectional Services Department staff who are empowered to
enforce such violations and the Methuen Police Department, under the
direction of the Chief of Police, whose Inspectional Services Department
staff members, so empowered, shall work under the direction and supervision
of the Inspectional Services Director and Director of the Department
of Economic and Community Development for the City of Methuen.
[6]
Enforcement shall include the removal of any and all signs,
placards and/or other such items that are in violation of this ordinance,
immediately upon the discovery of the violation. When determined to
be necessary, enforcement shall also include written notification
to the sign owner or party responsible for the origination and/or
placement of the sign.
(b)
General conditions:
[1]
No sign shall be erected upon, above or across any part of any
highway, avenue, street, alley or trailer.
[2]
Signs located near a corner shall be subject to the traffic
visibility across corners.
[3]
No sign shall be illuminated or electrified.
[4]
Exemption from the permit requirements shall not relieve the
owner of a sign, or the owner of the premises upon which it is erected,
from the responsibility for erecting and maintaining the same in a
safe manner, and the City shall not be held liable for any claims
resulting from the existence of such sign.
[5]
Ground or pole signs shall not exceed an overall height of seven
feet above the underlying grade.
[6]
Wall signs shall not be so placed as to obstruct any opening
required for ventilation.
[7]
Window signs shall not be so fixed as to impede the operation
of the window upon which they are applied.
[8]
No sign shall be placed on public property, including, but not
limited to, properties, roadways or public ways belonging to the City
of Methuen, Commonwealth of Massachusetts or United States (Federal)
Government.
[9]
No sign shall be placed on trees, telephone poles, electric
light poles, cell tower poles (or cell towers in general), tree stumps,
wetlands, traffic islands, traffic signal poles, traffic sign holders
and/or markers (e.g., stop signs; pedestrian way signs, etc.).
[10]
Residential (house) "For Sale" signs, located on or at an actual residence or contiguous premises, shall be placed on the property for a time period that is deemed necessary to effectuate a sale of the residence by the real estate sales office or person; or the homeowner who is selling the residence without the aid of a realty sales professional. However, no sign shall be placed on a street, public way or public area, as described and designated herein at Subsection A(4)(b)[8]. "Open House" signs are permitted and shall be removed at the end of the day or at the end of the time period for the "Open House;" whichever event shall occur earlier.
[11]
Yard, garage, estate, rummage, moving or other like type signs
shall be posted no earlier than 24 hours prior to the named event,
and shall be removed at the end of the posted time period for the
sale's termination.
(c)
Political campaign signs are allowed in all districts. In addition
to the conditions above, the following shall apply:
[1]
No political sign shall be permitted in side or rear yards.
[2]
No political sign shall be placed closer to a street lot line
than one-half the minimum front yard required for the district, or
one-half the actual yard between a street lot line and an existing
building, whichever is less, but in no case less than five feet from
the street lot line.
(d)
Violation of any of the provisions of this section shall render
the owner of a sign, or the owner of the premises upon which it is
affixed, subject to an action under § 10.7.
B.
Directional signs. Directional signs accessory to a use on the premises
are not limited as to number or placement on the lot, provided:
(1)
Such signs contain no words or symbols other than those required
for the direction of traffic.
(2)
The signs are not so placed or designed as to obscure approaching
traffic or pedestrians.
(3)
Signs, such as street signs, traffic signs and safety lights, erected
by the Methuen or Massachusetts Department of Public Works for the
convenience and safety of the public are not restricted.
The following shall not be considered signs within the context
of this ordinance:
A.
Signs referring to the owner or occupant of a dwelling and/or professional
signs, provided said sign is two square feet or less in area;
B.
Flags and insignia of any government, except when displayed in connection
with commercial promotion;
C.
Standard gasoline pumps bearing thereon in usual size and form the
name, type and price of gasoline;
D.
Legal notices, or informational devices erected or required by public
agencies;
E.
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or parts internally illuminated
or decorated with gaseous tube or other lights;
F.
On awnings or similar devices, lettering not exceeding three inches
in height, or symbols not exceeding four square feet in area.
