[HISTORY: Adopted by the Town Meeting of the Town of Norfolk as Art. IX of the General Bylaws. Amendments noted where applicable.]
The purpose of this bylaw is to establish reasonable regulations for the design, construction, installation and maintenance of all temporary signs in the Town of Norfolk in order to:
A. 
Balance the right of individuals to convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;
B. 
Further the objectives of the Town's Master Plan;
C. 
Protect the public health, safety, and welfare;
D. 
Reduce traffic hazards;
E. 
Facilitate the creation of an attractive and harmonious community;
F. 
Protect property values;
G. 
Promote economic development; and
H. 
Preserve the right of free-speech-containing noncommercial messages exercised through the use of signs.
As used in this bylaw, unless the context otherwise indicates, the following terms shall have the meanings indicated:
BANNER
A temporary sign suspended over a public way, constructed of cloth, canvas or other combustible material.
ERECT and INSTALL
To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs.
FACING or SURFACE
The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
FLASHING SIGN
A sign having lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsations.
INCOMBUSTIBLE MATERIAL
Any material which will not ignite at or below a temperature of 1,200° F. and will not continue to burn or glow at that temperature.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
SIGN
Any writing, pictorial representation, illustration, emblem, symbol, design or other figure of similar character which is a structure or a part thereof, or is attached to or in any manner represented on a building or other structure, and is placed out of doors in view of the general public and is used for purposes of advertisement, announcement, declaration, demonstration, display, identification, or expression.
SIGN GRANTING AUTHORITY
The group authorized by this bylaw to issue special permits as specifically allowed by this bylaw.
TEMPORARY SIGN
Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time.
A. 
Permit not required. Except as otherwise provided in this bylaw, it shall be lawful for any person to erect within the Town of Norfolk any temporary sign as specifically defined and as allowed in this bylaw without obtaining a building permit, sign permit, authorization from the Select Board, or special permit from the sign granting authority.
B. 
Temporary signs shall be located on the same lot as the specific event, and only one temporary sign is permitted per lot unless otherwise allowed.
C. 
Temporary signs are not allowed on the street right-of-way or municipal property unless authorized by the Select Board. Municipal signs and handheld signs do not require approval by the Select Board.
[Amended 10-22-2002]
D. 
The area of a sign shall be the area of the outermost perimeter of any word, symbol, design, or device, including all attachments thereto excepting any support.
E. 
No sign shall be permitted or allowed to be so located as to obstruct a view between any points on connecting streets within 50 feet of a corner, or the rights-of-way, or to obstruct any door, window, or fire escape.
F. 
A sandwich board is considered to be one sign.
G. 
Signs shall not use any rock, tree, fence, or pole other than for structural support.
H. 
Under this bylaw, the sign granting authority shall be the Select Board. The sign granting authority may, upon application thereto, allow signs listed in § 252-4E and F to exceed the duration and number requirements of this bylaw. For specific instructions on how to make application for issuance of a special permit, see §§ 252-8 and 252-9.
I. 
Revocation of permit/special permit. The sign granting authority may revoke any authorization/special permit where there has been a violation of the provisions of this bylaw or a misrepresentation of fact on the permit application.
J. 
All signs shall otherwise be in conformance with the Norfolk Zoning Bylaw.[1]
[1]
Editor's Note: See Ch. 310, Zoning.
The following signs are allowed by this bylaw; provided, however, one sign is allowed per lot, located on private property, unless otherwise indicated:
A. 
Temporary political signs concerning candidates for public office and ballot issues, unlimited in number and not exceeding eight square feet in area per sign. Such signs shall be removed no later than two days after the election or referendum.
B. 
Temporary personal announcement signs, no more than two per lot, not exceeding eight square feet in area per sign. Such signs shall be erected for a period not to exceed 30 days.
C. 
Temporary signs, not to exceed two signs, advertising the date and time of a garage or yard sale and not exceeding four square feet in area per sign. Such signs shall be posted no more than three days prior to and removed one day after the sale.
D. 
Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational, or fraternal organization.
E. 
Temporary signs, not to exceed two signs, in conjunction with special events such as a philanthropic campaign, church, or other municipal or community activity. Each sign shall not exceed 32 square feet and shall not be erected more than 14 days in advance of the event and shall be removed within two days after the termination of the event.
F. 
Temporary displays or decorations customarily associated with national, state, local, or religious holiday or celebration. Such displays or decorations shall be erected no more than 35 days before and removed no later than 14 days after the celebration.
G. 
Signs required by the Massachusetts Department of Agricultural Resources to exempt property from being sprayed during ground area-wide spray programs. Such sign(s) may be posted from March 1 through October 31.
[Amended 5-10-2022 ATM by Art. 18]
H. 
Handheld signs of a noncommercial nature not set on or affixed to the ground and not exceeding 10 square feet in area.
I. 
Signs mandated by Department of Environmental Protection or any other state or local agency.
J. 
Temporary vinyl signs up to four feet by six feet to be attached to the Pond Street fences under the direction of the Norfolk Recreation Commission. Signs must be only green and white and must be approved by Norfolk Recreation Commission prior to installation.
[Amended 10-25-2005; 5-10-2022 ATM by Art. 18]
"Temporary banner(s)," one banner per event, announcing charitable or civic events as specifically allowed under this section shall be defined as temporary signs and must comply with the following restrictions and meet the following requirements:
A. 
Banners shall not exceed 20 feet by three feet.
B. 
A banner may be installed no earlier than 14 days prior to the event and must be removed within two days of the event.
C. 
Prior to the installation of a banner, written authorization must be obtained from the Select Board. Such authorization may be obtained by filing a written request on an appropriate form with the Select Board. Said form shall require all pertinent information necessary for the Select Board to render a decision and shall also include an agreement by the applicant to pay any costs necessary to maintain the banner in a safe condition and/or to remove the banner prior to the expiration of the time normally allowed if the banner becomes unsafe.
D. 
Prior to authorizing the installation of a banner, the Select Board shall have received a fee in an amount, as a minimum, that will cover the cost of installation and removal of said banner by the Fire Department.
E. 
Banners are to be installed only by the Norfolk Fire Department under instructions by the Select Board, or the Building Commissioner may reinstall a banner or remove the banner, with the cost borne by the applicant.
F. 
Bond requirements.
(1) 
Every applicant for a permit to erect a banner over the street right-of-way shall, before the permit is granted, file with the Select Board a continuing bond in the penal sum of $500,000, executed by the applicant and a surety company to be approved by the Town of Norfolk and conditioned for the faithful observance of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the Town of Norfolk from any and all damages, judgments, costs or expenses which the Town may incur or suffer by reason of the granting of the permit. A liability insurance policy issued by an insurance company authorized to do business in the Commonwealth of Massachusetts which conforms to the provisions of this section may be permitted in lieu of a bond.
(2) 
The Select Board may, at its discretion, waive the requirements for a surety bond or liability insurance.
A. 
Traffic hazards. No sign or other advertising structure shall:
(1) 
Obstruct free and clear vision at any street intersection.
(2) 
Interfere with, obstruct the view of or be confused with any authorized traffic sign, signal, or device because of its position, shape, or color.
(3) 
Make use of the words "stop," "look," "drive-in," "danger" or other word, phrase, symbol, or character in a manner that interferes with, misleads, or confuses traffic.
B. 
Unsafe signs. No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, or maintenance.
C. 
Obscene signs. No sign or other advertising structure shall display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social values.
D. 
Vehicular signs. Signs attached to motor vehicles, trailers, or other movable objects regularly or recurrently located for fixed display are prohibited.
[Amended 5-10-2022 ATM by Art. 18]
E. 
Moving signs. No sign or other advertising structure shall have visible moving, revolving or rotating parts or visible mechanical movement of any kind.
F. 
Billboards are prohibited.
[Amended 5-10-2022 ATM by Art. 18]
G. 
Temporary commercial signs, streamers, or pennants, other than as provided in § 252-4J above, are prohibited.
[Amended 5-10-2022 ATM by Art. 18]
H. 
Signs in a right-of-way other than municipal signs are prohibited.
[Amended 5-10-2022 ATM by Art. 18]
A. 
Weight limitation. Temporary signs weighing in excess of 50 pounds must be approved by the Building Commissioner as conforming to the safety requirements of the State Building Code.
B. 
Location; projection over public property. A temporary sign shall not extend over or into any street, alley, sidewalk, or other public thoroughfare and shall not be placed or project over any wall opening.
[Amended 5-10-2022 ATM by Art. 18]
C. 
Erection, anchorage and support. Every temporary sign shall be attached or anchored in a safe and secure manner. If the Building Commissioner determines it is unsafe, it shall be removed.
See the procedure for permanent commercial signs in § 310-6.9 of the Norfolk Zoning Bylaw.
A. 
All persons desiring to erect a banner within the street right-of-way shall make application to the Select Board for permission to do so. See § 252-5.
[Amended 5-10-2022 ATM by Art. 18]
B. 
All persons desiring to erect a sign that is otherwise allowed by this bylaw but does not comply with either the duration and number requirements of this bylaw may apply to the sign granting authority for a special permit. See § 252-9.
C. 
The sign granting authority is authorized to grant exemptions as specifically allowed by this bylaw. In no case, except as allowed under § 252-4J above, shall there be more than three signs per lot, and the duration shall not exceed 90 days.
D. 
The sign granting authority shall enact rules and regulations governing the application process as allowed under Subsections B and C above and which may be amended from time to time. These rules and regulations shall not conflict with any other section of this Sign Bylaw. A copy of said rules and regulations and all amendments thereto shall be filed with the Town Clerk.
A. 
All applicants shall obtain and complete an application form which is available at the Select Board's office. Such application shall be accompanied by a fee in accordance with the fee schedule, as set forth by the Select Board, which may be amended from time to time. Said application shall include, as a minimum, the following information:
(1) 
Name, address, and telephone number of the applicant;
(2) 
Location of lot or site to which or upon which the sign or other advertising structure is to be erected;
(3) 
Position of the sign or other advertising structure in relation to nearby buildings, structures, or other signs (both temporary and permanent) within 100 feet of the proposed sign location;
(4) 
A drawing showing the following: the proposed sign; all existing signs within 100 feet, including traffic signs, street signs, commercial signs; specifications for construction and method for anchoring;
(5) 
Written consent of the owner of the property if the owner is other than the applicant;
(6) 
Such other information as the sign granting authority shall require to show full compliance with this and all other laws, bylaws, and zoning bylaws of the Town;
(7) 
A certified list of abutters within 300 feet of the property on which the sign is to be erected.
B. 
In no case shall the sign granting authority authorize an exception to this bylaw without having held a public hearing to which abutters have been notified in writing. The public hearing notice shall be posted at the Town Hall at least seven days in advance of the hearing and shall be placed on the local government cable channel; provided, however, that the local government channel is in operation. The notice shall set forth the name of the applicant, the address of the property on which the sign is to be installed and the nature of the request.
C. 
The sign granting authority shall find, before granting exceptions to this bylaw, that such exceptions do not conflict with the purpose (§ 252-1) of this bylaw.
[Amended 5-10-2022 ATM by Art. 18]
A. 
This bylaw shall be enforced by the Building Commissioner/Zoning Enforcement Officer. Notification of violations shall be prepared by the Building Commissioner. The Building Commissioner shall mail a copy of the notification, and a copy shall be delivered by the Norfolk Police Department.
B. 
Criminal disposition. Any violations of the provisions of this bylaw, the conditions of a permit granted under this bylaw, or any decisions rendered by the Select Board or sign granting authority shall be liable to a fine of not more than $300 for each offense. Each day such violation continues shall be deemed a separate offense.
C. 
Noncriminal disposition. In addition to the procedures for enforcement as described above, the provisions of this bylaw, the conditions of a permit granted under this bylaw, or a decision rendered by the Select Board or sign granting authority under this bylaw may be enforced by the Building Commissioner/Zoning Enforcement Officer by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. The fine for any violation disposed of through this procedure shall be $100 for each offense. Each day such violation continues shall be deemed a separate offense.
The provisions of this bylaw are severable from each other, and the invalidity of any provision or section shall not invalidate any other provision or section thereof.
Any sign allowed under this bylaw may contain, in lieu of any other copy, any lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this bylaw.
Unless a sign or type of sign is specifically allowed by this bylaw or the Norfolk Zoning Bylaw,[1] it is deemed to be prohibited.
[1]
Editor's Note: See Ch. 310, Zoning.