A sign is a unique type of accessory
structure, which because of its potential impact on adjacent lots
and on adjacent public street and land, warrants the regulation contained
in this Zoning Ordinance. It is recognized that signs perform important
functions in communicating messages which are essential for public
safety and general welfare, provide information about types of goods
and services available at permitted uses, and provide orientation.
Therefore, it is hereby found and declared that regulation of signs
is necessary to promote the health, safety and general welfare by:
(a)
Lessening hazards to vehicular and
pedestrian traffic;
(b)
Preventing unsightly and detrimental
development which is a potential blighting influence upon residential,
institutional, public business and industrial uses, and detrimental
to property value;
(c)
Preventing signs from becoming so
excessive in number, size, intensity, brilliance, or impact that they
obscure or distract from 1) public signs essential to the orderly
and safe movements of goods and persons in the City, or 2) one another
to the detriment of all concerned;
(d)
Facilitating easy recognition and
immediate legibility of permitted signs; and
(a)
Accessory sign: any sign relating
to business, service, or products including national brand products,
supplied on the premises on which the sign is located.
(b)
Animated or Flashing Sign: any sign
or attention-catching device which in part or whole moves or flashes
or contains traveling lights or gives the impression of any movement
or flashing whether such effect is generated by natural or artificial
forces.
(c)
Area, Flood, or Up-Lighting: Area,
Flood Light: Any luminaire that is designed to direct the output of
a lamp in a specific single direction utilizing reflective elements
external to the lamp. Such luminaires may be manufactured with or
without mounting hardware that can be swiveled, and are not equipped
to be aimed straight down. Up-Lighting - Any luminaire that is aimed
or capable of being aimed above the horizontal plane. Excluded from
the definition of Up-Lighting is any luminaire aimed upwards into
an enclosed space.
(d)
Banner Sign: any piece(s) of fabric
displaying a distinctive insignia, identifying wording and/or symbolic
representation of a business, service or activity.
(e)
Directional Sign: any sign whose
only purpose is to direct traffic to proper entrance or exit.
(f)
Emergency Egress Lighting: Luminaires
designed to illuminate emergency egress doors and where such luminaires
are connected to and activated by the emergency activation/fire alarm
system.
(g)
Freestanding Sign: Any sign not attached
to a building or other improvement but instead permanently erected
upon or standing in the ground and usually supported from the ground
by one or more poles, columns, uprights, braces or cement anchors.
Freestanding signs include monument signs but do not include portable
signs.
(h)
Identifying Sign: any permanent structure
or building surface, or part thereof or device attached thereon or
other outdoor surface or any combination of one or more of the foregoing
containing any word, letter, symbol, drawing, model, banner, picture
or design, or any device used for visual communication which identifies
or calls attention to any premises, person, product, activity, service,
or business, directing the subject thereof to the attention of the
public. Signs do not include non-commercial murals.
(i)
Illuminated Sign: any sign which
is lighted by artificially generated light, either directly or indirectly.
(j)
Marquee Sign: an identifying sign
hanging from or supported by a permanent marquee or overhang.
(k)
Non-Accessory Sign: any billboard;
or any sign or advertising device advertising a business, service,
product or activity at other locations.
(l)
Projecting Signs: any non-translucent
sign which is affixed at a right angle to the building wall, which
include fin, blade, and symbol signs.
(m)
Symbol Sign: any non-translucent
sign which is a three-dimensional representation or illustration of
the activity of the business or service.
(n)
Temporary Sign: any sign constructed
of light material which is intended to be displayed for a short period
of time only. A Temporary Accessory Sign is one which is accessory
to an activity on the premises, such as the temporary sign of a real
estate agent, architect, contractor, painter or other artisan or advertising
a sale or other temporary activity in progress, and such sign may
be placed on the ground or attached to a wall. A Temporary Non-Accessory
Sign refers to an event not related to the premises and may also be
in the form of a placard or banner attached to posts or trees on private
property only. A Temporary Identifying Sign is one which identifies
the business at the location where it is, or will be, erected during
the period of construction, or alteration, or during the replacement
of an obsolete or inapplicable sign.
(o)
Translucent Sign: any sign illuminated
from the interior by an even light.
(p)
Walkway Accent Lighting: Luminaires
that are up to 42 inches tall in total height, and are used to illuminate
walkways, curbs, or similar situations, but not landscaping.
(q)
Wall Sign: a sign painted on or attached
and parallel to the wall of a building, but not including signs attached
to fences unless set back from all lot lines as required for a building
in a district.
(a)
Application for a construction permit
shall be made in writing to the Building Inspector, subject to review
by the Department of Community Development and Planning (DCDP), for
all permanent signs. Said applications shall contain the following
information:
(1)
Name, address and telephone number
of applicant;
(2)
Location and position of sign;
(3)
Drawings and plans showing the building
facade and the proposed sign, with specifications, and in the case
of symbol or banner signs, section plans are required;
(4)
Written consent of the owner of the
building and land;
(5)
Such other information as the Building
Inspector, Zoning Enforcement Officer or Planning Board may require;
(6)
In the case of any projecting, symbol
or banner sign, liability insurance in an amount to be determined
by the City to be appropriate (which in no case shall be less than
$250,000/$500,000 personal injury and $50,000 property damage) shall
be carried by the owner of said sign and a certificate of same shall
be filed with the application.
(b)
Within five working days, the Building
Inspector shall refer the application and accompanying material to
the DCDP.
(c)
After receipt of the application
and all required material, the DCDP staff shall review the application.
The DCDP staff shall submit its recommendations in writing to the
Building Inspector. The recommendations shall be based on such sign
design booklets and such design guidelines as the Planning Board may
adopt.
(d)
Upon receipt of the DCDP'S report
or the lapse of 15 working days from his referral to the DCDP without
such report, the Building Inspector may issue a permit for a sign
which conforms to the DCDP'S recommendations, if any, the regulations
in the Zoning Ordinance, and such technical requirements as are within
the Building Inspector's jurisdiction.
(e)
A second review may be requested
with the following procedure:
(1)
If an applicant is aggrieved by the
determination of the Building Inspector, he may seek an advisory opinion
by the Planning Board. Such action is to take place by the Planning
Board not more than 45 days following a request for a hearing before
the Planning Board.
(2)
If the Building Inspector requests
an advisory opinion of the Planning Board prior to issuance of the
necessary permits for the sign, the Building Inspector or the Zoning
Enforcement Officer may submit the matter to the Planning Board within
a 45 day period.
(3)
Neither of the above two actions
shall exclude the applicant from formally requesting a decision of
the Board of Appeals.
(a)
Placement of Signs.
(1)
Any building or tenant occupancy
with more than one occupancy frontage may have attached signage on
each occupancy frontage facing a street, parking lot, or in each yard
facing a street, and/or free-standing signage for each street frontage
of the lot. A building may also have separate identifying signage.
In no instance shall any signage directly front on or be directed
to face Greenough Boulevard.
(2)
A sign, other than traffic control
and route signs authorized by public agencies, shall not be placed
within a public right of way, except permitted wall sign, banner projecting
and symbol signs adjacent to a sidewalk.
(3)
A sign shall not be designed or colored
or so placed as to endanger, obscure, confuse, blind by glare or otherwise
create a hazardous condition to motor vehicle traffic.
(4)
Directional signs necessary to give
clear direction to a parking lot or building entrance on the premises
are permitted. Such signs shall not exceed three feet in any dimension
nor more than (4) feet high on a pole or pylon unless placed on a
permitted wall or building.
(5)
A free standing pole or pylon, or
wall sign or any part thereof, shall not exceed 20 feet in height
above ground level, and any ground mounted monument sign shall not
exceed four feet in height, except by Special Permit and adhering
to the adopted Design Guidelines.
(6)
Roof signs of any type, in any district,
are prohibited.
(b)
Projection of Signs.
(1)
A wall or building mounted sign or
symbol shall not project above the building wall to which it is attached,
and shall not obscure any part of the roof of the building except
when integral to the design and character of the sign, in which case
it will be allowed by Special Permit only and adhering to the adopted
Design Guidelines.
(2)
A sign, except for a projecting sign
such as a symbol, accessory, marquee, or banner, shall not project
more than six inches from the building wall.
(3)
A projecting sign and support thereof,
must be set back at least two feet from the curb line and be at least
nine feet above ground level.
(4)
A projecting banner sign must be
set back at least two feet from the curb line and be at least nine
feet above ground level. The total area of a banner may not exceed
50 square feet. In no instance shall the vertical length of a Banner
Sign exceed 50% of the total height of the structure to which it is
attached and the width of a Banner Sign shall not exceed 15% of its
height.
(5)
Permanent awnings on store fronts
shall be at least 9 feet above any public walkway; any information
on said awning which is consistent with the definition of the term
Accessory Sign shall be considered as Accessory Signs.
(c)
Conditions of temporary signs. One
temporary sign is permitted, as follows:
(1)
A temporary identifying sign, not
exceeding the permitted size for a permanent sign, may be erected
for not more than 60 days.
(2)
A temporary accessory sign shall
not exceed six square feet and shall be removed from public view by
those responsible for its erection within seven days after the activity
advertised has ceased or after substantial damage to the sign, whichever
comes first.
(3)
A temporary non-accessory sign is
limited to a period of 45 days preceding and not over seven days after
the relevant event and may not exceed 50 square feet.
(d)
Calculation of sign area.
(1)
For a wall or marquee sign, the calculation
of sign area in the NB, LB, CB and I districts shall be a percentage
of the building facade. The dimensions used in calculating this percentage
shall be the horizontal measure of the frontage of the business and
the vertical measure not exceeding the top of the second story of
a building.
(2)
For a monument, pole or pylon sign,
the calculation of sign area shall use the dimensions of one surface
only to comply with the limits of § 7.03 through 7.07.
(e)
Gasoline station signs. Regulations
governing the size of identifying signs and the size of accessory
signs for gasoline stations may be reversed. If the regulations are
reversed, the identifying sign must comply with the regulations for
accessory signs and the accessory sign must comply with the regulations
for identifying signs.
(f)
Maintenance of signs. It shall be
the responsibility of sign owners to provide proper and continual
maintenance for their sign(s) and sign structure(s).
(g)
Prohibited signs and conditions.
(1)
No animated or flashing signs or
attention-catching devices shall be permitted.
(2)
No non-accessory signs other than
permitted temporary non-accessory signs shall be permitted.
(3)
No interior and/or supporting infrastructure
of a sign shall be exposed to public view other than permitted projecting
symbol signs. No exposed conduit, junction boxes, or transformers
shall be exposed to public view.
In any S-10, S-6, SC, CR, T and OSC
district, no sign or advertising device shall be permitted except
as follows:
(a)
One identifying sign displaying the
street number or name of the occupant of the premises, or both, not
exceeding two square feet in area. Such sign may include identification
of a permitted accessory professional use and identify other permitted
accessory uses including a customary home occupation.
(b)
One identifying sign for permitted
non-conforming use, not exceeding 10 square feet in area.
(c)
Two identification signs are permitted
on each building for churches and institutions, one not exceeding
20 square feet in area and one not exceeding 10 square feet in area.
In the R.75 or R1.2 Districts, or
with respect to any residential use in the I-3 District and the RMUD,
no sign or other advertising device shall be permitted except as follows:
(a)
As permitted in S-10, S-6, SC, CR,
T and OSC Districts.
(b)
For multiple unit developments, including
the residential component within a mixed-use project, up to two attached
signs or two free-standing signs, or a combination of one attached
sign and one free- standing sign may be allowed. The size of such
signage shall be limited to one square foot per unit up to a maximum
of 100 square feet, and in no instance shall a building mounted sign
exceed 30 feet in height.
(c)
One identifying sign in connection
with a lawfully maintained non-conforming use, not exceeding 20 square
feet in area.
In any NB, LB, CB, I, RMUD, and PSCD
district, no on premise sign or advertising device shall be permitted
except as follows:
(a)
As permitted in S-10, S-6, SC, CR,
T, OSC, R.75 and R1.2 districts.
(b)
One identifying sign for each building
or tenant occupancy frontage facing a street, parking lot, or public
way. In addition, one free standing sign may be allowed on a lot for
each street frontage of the lot, provided it is set back to at least
one half the depth of the required setback in that district. In the
case of a free standing pole or pylon sign, said identifying sign
may be up to 16 square feet or 32 square feet in the case of a monument
sign. If a wall or marquee sign, said identifying sign may be up to
5% of the area of the wall or building facade. The dimensions used
in calculating this percentage shall be the horizontal measure of
the occupancy frontage of the business and the vertical measurement
of the building not exceeding the top of the second story of the building
facade (also see (d)). The accessory signage calculation shall be
based upon the 5% of the wall area or building facade allowed for
an identifying sign.
RMUD Exceptions:
(1)
In the RMUD, the number and size
of all building mounted (wall or marquee) signage shall be limited
to no more than one and one-quarter (1.25) square feet of signage
for each linear foot of building for the first story and no more than
three-quarters (0.75) of a square foot for each linear foot of building
for a second story, but any use above a second story may be allocated
a portion of the first story or second story signage allocation. Building
mounted signage may be located adjacent to entrances, along first
and second floor occupancy frontages, or in other locations, including
at heights greater than 20 feet, so long as the location is in keeping
with adopted Design Guidelines. In no instance may a single occupant
be allowed more than 100 square feet of building mounted identifying
signage, subject to the size limitations set forth in Section 7.06e.
(2)
In addition to the wall-mounted signage
allowed above, lots in the RMUD may have up to one freestanding sign
for each 200 linear feet of street frontage along a public or private
way, provided that the total number of free-standing signs allowed
on any lot shall not exceed a total maximum of four free-standing
signs and shall be a maximum of twenty (20') feet in height and 32
square feet in sign area. Two of the allowed free standing pole or
pylon signs may be consolidated and those consolidated signs shall
have no more than 150 square feet of signage area each, subject to
size limitations set forth in § 4.12, 6.02.h and 7.06.b,
and in keeping with adopted Design Guidelines.
(c)
One building mounted accessory projecting
sign such as a marquee, awning, fin, blade, symbol sign or banner
sign for each 50 linear feet of tenant occupancy facing a private
or public way or parking lot.
(d)
In the case of a single story structure,
paragraphs (b) and (c) above or the following may be applied. One
identifying wall or marquee sign may be up to 10% of the area of the
wall or building facade. The dimensions used in calculating this percentage
shall be the horizontal measure of the frontage of the business and
the vertical measure to the roof or parapet line. This option excludes
the use of any accessory sign(s).
(e)
In no instance may the gross area
of all signs including accessory signs on one building exceed 200
square feet in area on a single lot, except in the case of multiple
buildings where each building may have up to a maximum of 200 square
feet including accessory signs on each building.
Notwithstanding the above, any non-residential
or mixed use site with cumulative building footprints in excess of
100,000 square feet may not exceed 350 square feet of signage per
building, except in the RMUD, where the maximum identifying signage
shall be limited to 100 square feet of building mounted signage per
tenant. Further, an increase in the total building signage may be
permitted by Special Permit and adhering to the adopted Design Guidelines.
Exceptions: Freestanding and directional
signs shall not reduce signage otherwise allowable under § 7.06(e)
above, but shall be subject to limitation identified in § 7.03(a)
and 7.05(b).
(f)
Temporary signs may be attached or
lettered on the interior of the window. Such signs shall not be included
in the aggregate sign area in paragraphs (b) and (c), or paragraph
(d) above. The aggregate area of all signs in any window, either permanent
or temporary, shall not exceed 20% of the area of such window. All
neon signs and permanent graphics and their dimensions shall be listed
on the sign permit application. All temporary signs are subject to
regulations in § 7.03(c).
(g)
Projecting signs may be considered
as accessory signs and shall be permitted if they are not more than
16 square feet in total area. Further, projecting signs shall be placed
at a right angle to the building wall. Illumination from the interior
of all projecting signs shall be prohibited and other forms of illumination
shall be consistent with this Ordinance.
(h)
One free standing or wall-mounted
sign may be permitted for the purpose of a business directory per
shared entrance provided that no more than three square feet shall
be permitted thereon for each use except by special permit. The aggregate
sign area shall not exceed 32 square feet.
The Planning Board shall be SPGA
for Sign Special Permits. In the RMUD district, no on-premise sign
or advertising device shall be permitted except as follows:
(a)
As permitted in § 7.05
or as allowed by this section for Master Plan Special Permit projects
under § 5.18.
(b)
Timing: A project may choose to request
the approval of a sign master plan as part of a requested Master Plan
Special Permit, or a sign master plan may be submitted as a separate
request once a Master Plan Special Permit has been granted.
(c)
In order to approve a sign master
plan, the SPGA review would include a comprehensive review of the
requested signage in context of the Special Permit, considering the
uses proposed and the site and surrounding context.
(1)
Design Requirements: Sign Master
Plan:
(A)
Signage shall be sized and placed
to reinforce, rather than compete with, the architectural elements
and proportions of a building.
(B)
A wall sign shall not project beyond
the ends of the walls to which it is mounted.
(C)
Wall signs and projecting signs shall
not extend above the roof line or parapet of the building to which
it is mounted.
(D)
No part of a projecting sign shall
extend into vehicular traffic areas or in any way interfere with vehicular
site lines.
(E)
All free-standing signs must be protected
from vehicular damage by a curb or planter.
(F)
Signs may be erected in required
setback areas but in no instance shall signs directly front on or
be directed to face Greenough Boulevard.
(a)
In all districts, any lighting of
a sign or advertising device shall be continuous and installed in
a manner that will prevent direct light from shining onto any street
or adjacent property.
(b)
In residential districts, all signs
or advertising devices shall be stationary and may not contain any
visible moving or movable parts; no sign or advertising device shall
be of neon type or exposed gas-illuminated tube type; no sign or advertising
device shall be illuminated during hours when the establishment is
closed to the public.
(a)
Any sign erected after the date that this Article VII was originally adopted (June 30, 1982) which because of a change in occupancy ceases to refer to a permitted business being conducted, or product sold, on the premises, shall be removed at the expense of the owner, agent, or person having the beneficial use of the building or property upon which the sign is located within 60 days after written notification from the Inspector of Buildings or within such longer period not exceeding one year as the Inspector of Buildings may determine.
(b)
Any signs legally erected before the date that this Article VII was originally adopted (June 30, 1982) may continue to be maintained, provided however, that no such sign shall be permitted if, after such date, it is enlarged, or altered in any substantial way, except to conform to the requirements of this Zoning Ordinance. Notwithstanding this, the panels of such sign may be changed to reflect a changed product line. Further, any such sign which has deteriorated to such an extent that the cost of restoration would exceed 35% of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this Zoning Ordinance. Any exemption provided in this § 7.09(b) shall terminate with respect to any sign that:
(1)
Shall have been abandoned,
(2)
Advertises or calls attention to
any products, businesses or activities which are no longer sold or
carried on, whether generally or at the particular premise, or
(3)
Shall not have been repaired or properly
maintained within 30 days after notice to that effect has been given
by the Inspector of Buildings.
(c)
The erection of non-accessory signs
is prohibited.
Signs in the Watertown Square Design Overlay District shall conform to all provisions of Article VII except as otherwise specified in § 5.09.
This section controls signage for hotels and motels within zoning districts where hotels and motels are allowed under Article V. Signage for hotels and motels shall comply with this section. No sign or advertising device shall be permitted except as follows:
(a)
Wall Signs for Hotels and Motels.
One or more wall signs accessory to a hotel or motel shall not exceed
200 square feet in total area or 100 square feet for any individual
sign.
(1)
Wall Signs shall not exceed 5% of
the area of the wall or building facade on which it is placed. The
dimensions used in calculating this percentage shall be same as outlined
in § 7.03(d)(1).
(2)
Wall Signs or any element thereof,
shall not be placed or project above the building wall or parapet
to which it is attached.
(b)
Projecting Banner Signs for Hotels
and Motels. One or more Banner Signs accessory to a hotel or motel,
not exceeding 2% of the area of the wall or building facade on which
it is placed, may be allowed, and not be subject to the limitations
of § 7.03, paragraphs (a)(5) and (b)(4) and shall not be
included in any calculation for gross area of all signs, provided
the following conditions are met:
(1)
Banner Signs shall be set back at
least 2 feet from the curb line and be at least nine feet above ground
level.
(2)
The vertical length of each Banner
Sign shall not exceed 50% of the total height of the structure to
which it is attached.
(3)
The width of each Banner Sign shall
not exceed 15% of its height.
(c)
Monument Ground Sign: A sign that
is anchored directly to the ground, not exceeding 32 square feet in
gross area, nor four feet in height and which shall be externally
illuminated.
The following section lays out Exterior
Lighting Standards for any residential development of four or greater
residential units, and all non-residential and Mixed-Use projects.
(1)
The light source shall be Light Emitting
Diode, metal halide or high pressure sodium. Mercury vapor and low
pressure sodium are prohibited. Other sources may be considered, particularly
for decorative, flush mounted or recessed luminaires.
(2)
Pole-mount or wall-pack luminaires
shall be "shoe-box" type or decorative in nature (with interior directional
shields), consistent with the architectural theme of the development.
Area, Flood, and Up- lighting is strictly prohibited.
(3)
All luminaires, regardless of their
intended use, mounting height, or configuration shall have a total
cutoff of all light at less than 90 degrees from vertical. Luminaires
with a drop lens are prohibited.
(4)
Reflectors and shielding shall provide
total cutoff of all measurable light at the property lines of the
parcel to be developed.
(5)
Developments that abut residential
areas or are visible from public roadways shall not utilize parking
lot lights exceeding 20'-0" in height (base + pole + head).
(6)
Developments that do not abut residential
areas shall not utilize parking lot lights exceeding 25'-0" in height
(base + pole + head).
(7)
Developments with parking garages
that use pole mounted fixtures to illuminate the upper-most level
of parking shall not use lights exceeding 20'-0" in height (base +
pole + head).
(8)
Lights utilized for walkway lighting
shall not exceed 12'-0" in height (base + pole + head).
(9)
The location of on-building mounted
wall-pack luminaires shall not exceed 20'-0" in height. Decorative
on-building mounted fixtures may be used to illuminate balconies or
similar amenities above 20'-0" in height.
(10)
All luminaires except for Walkway
Accent Lighting and Emergency Egress Lighting shall be equipped with
a mechanism such that they will deactivate and turn off not more than
two hours after the stated closing time, and in all cases, shall deactivate
during daylight hours. Excluded from the requirement to deactivate
not more than two hours after the stated closing time are any luminaires
used in residential developments, or exclusively for the residential
portion of Mixed Use projects.
The following section lays out Exterior
Lighting Standards for any residential development of four or greater
residential units, and all non-residential and Mixed-Use projects:
(a)
A site lighting design drawing or
drawings.
(b)
Electrical site plan indicating the
location of each and every exterior luminaire to be installed. The
fixtures shall be labeled as to the type of luminaires specified.
Where pole-mounted fixtures are to be used, a diagram shall be included
of such proposed lights, including walkway lights that show height
of the base, pole and fixture head. Where wall-mounted luminaires
are specified, the mounting heights of fixtures shall be indicated
on the plan.
(c)
A lighting fixture schedule that
designates the type of luminaires specified including the following
information:
(d)
Manufacturers' specification sheets
shall be provided for all proposed luminaires and poles to be used
(where poles are used). Manufacturers' specification sheets should
indicate the shape and dimensions of the luminaires and poles.
(e)
Manufacturers' computer-generated
point-to-point printouts shall be submitted indicating the horizontal
initial and maintained foot-candle levels at grade, within the property
to be developed and 25 feet beyond the property lines. Computer-generated
printouts shall indicate the locations and type of luminaires analyzed.
Maintained foot-candle levels should be calculated, using IES recommended
procedures. Light loss factors used to calculate maintained foot-candle
levels shall be indicated on the computer-generated printouts. Pertinent
data, such as building outline, building entrances and exits, loading
areas, landscaping, walkways, roadways, bikeways, parking areas, curbs
and property lines shall also be shown.
