This chapter regulating signs is enacted in order to protect the public health, safety, and welfare; to reduce traffic hazards; to promote and preserve the aesthetic nature of the City; to identify businesses, and to protect property values and promote economic development. This chapter will also assist those installing signs within the City of Framingham by setting forth the process governing the application, installation, and maintenance of such signs.
[HISTORY: Adopted by the City Council of the City of Framingham 1-5-2021 by Ord. No. 2021-006 as Art. VII, Secs. 1, 2 and 3, of the General Ordinances. Amendments noted where applicable.]
This chapter is hereby declared to be remedial and protective and is to be so construed so as to secure the beneficial interests and purposes thereof. This chapter is adopted pursuant to the general powers granted to the cities and towns by Article 89 of the Amendments to the Massachusetts Constitution, and the specific powers granted by Massachusetts General Laws Chapter 93.
A.
All exterior signs and interior window signs require a permit and are subject to the regulations of this chapter. See § 373-5 for exceptions.
B.
The following signs, structures or conditions must comply with the provisions of this chapter the earlier of September 1, 2008, or upon notification from the Building Commissioner:
(1)
Changes in a channel letter or panel wall sign or movement of an existing wall sign to a different location on the building;
(2)
Changes to a single business freestanding sign or movement of an existing freestanding sign to a different location on the site;
(3)
Signs in excess of the number allowed in this chapter;
(4)
Signs without a permit;
(5)
Obsolete signs;
(6)
Off-premises signs;
(7)
Roof signs;
(8)
Signs attached to a sloped surface with the exception of awning signs as allowed in this chapter;
(9)
Billboard signs;
(10)
Changeable copy signs that are not allowed under this chapter;
(11)
Bracket/projecting signs on the second floor or above;
(12)
Backlit or internally illuminated awning signs;
(13)
The street number sign regulations.
A.
Terms not defined. Terms not defined in this section or elsewhere in this chapter but defined in the Massachusetts State Building Code or in the Massachusetts General Laws shall have the meanings given therein. All other words and phrases shall be given their common, ordinary meaning.
B. ALTERED SIGN APPLICANT APPLICATION AWNING SIGN BANNER SIGN BASE BILLBOARD BRACKET/PROJECTING SIGN BUSINESS CENTER BUSINESS COMPLEX CANOPY/MARQUEE/PORTICO CHANGEABLE COPY SIGN CHANNEL LETTERS COMPLIANT SIGN CONSTRUCTION SIGN FACADE FLAG FREESTANDING SIGN FREESTANDING SIGN SETBACK FRONTAGE GRADE HISTORIC BUILDING INSTITUTIONAL/CIVIC SIGN INTERIOR WAYFINDING SIGNS LOT MODIFICATION MONUMENT SIGN MULTIPLE-BUSINESS SIGN (MBS) MULTIPLE-CORPORATE SIGNS NONCOMPLIANT SIGN OBSOLETE SIGN OFF-PREMISES SIGN OFFICE/TECHNOLOGY PARK OFFICE/TECHNOLOGY PARK ENTRANCE SIGNS PARKING LOT/DIRECTIONAL SIGN PENNANT POLE POLITICAL SIGN PUBLIC UTILITY SIGN REAL ESTATE DEVELOPMENT SIGN REAL ESTATE SIGN RESIDENTIAL SIGN ROOF SIGN SHOPPING MALL SIGN SIGN FACE AREA SINGLE CORPORATE SIGN STREET BANNER SUBDIVISION SIGN TEMPORARY SIGN TIME/TEMPERATURE SIGN VARIANCE VERTICAL POLE FLAGS WALL SIGN WALL SIGN SETBACK WINDOW SIGN ZONING BOARD OF APPEALS
Terms defined. For the purpose of this chapter, the following terms shall have the meanings given below and in § 373-5 unless a contrary intention clearly appears.
A sign that is changed in any way, including changes in structure, size, location, design or lettering, but excluding routine maintenance by the owner of the sign.
The owner of the sign and the owner of the property upon which it is located or a duly authorized agent, representative, assign or attorney.
The form provided by the Building Commissioner used to apply for a sign permit.
An "awning sign" is a wall sign in the form of an awning consisting of a structural skeleton with a skin made of a flexible or rigid material that is constructed to project horizontally or at an angle from the vertical face of the structure or building.
A temporary sign made of fabric or of any flexible material having no enclosing framework.
A solid support or decorative element located at ground level and attached to the poles or support structure of a freestanding sign.
Any off-premises freestanding, wall or roof sign owned by a person, corporation or other entity engaged in the business of selling advertising space on that sign.
A sign that is permanently affixed to the exterior surface of a building with the display area of the sign positioned perpendicular to the wall on which the sign is mounted.
One building with two or more businesses.
Two or more buildings, attached or unattached, having four or more businesses with a combined gross floor area of 30,000 square feet or greater, on one or more adjacent lots under the same ownership.
A permanent, rooflike structure which may be attached or unattached to the facade of the building.
A sign designed so that the characters or letters can be changed or rearranged manually, mechanically or electronically.
Sign letters that are either individually attached to the building surface or are attached by means of a raceway.
A sign that meets all regulations of this chapter.
A sign identifying a construction project, owner or developer, architect, engineer, contractor and subcontractors, or funding sources, but not including the announcement of the sale or lease of real estate.
An exterior building wall (parapets are considered part of a facade).
A piece of material of any shape, color or design, used as a symbol, standard, signal or emblem.
A sign anchored in the ground independent from any building or other structure.
The distance between the outermost edge of the sign and the front curbline or edge of pavement of the street.
The length from corner to corner of the occupied outermost building wall that either faces the public way or is intended for placement of the wall sign. In buildings with multiple businesses, "frontage" is the length from corner to corner of the outermost building or tenant separating wall associated with that individual business.
The average ground elevation as measured within one foot of the base of the sign or where the sign poles enter the ground.
A building located in a local historic district.
A sign whose primary purpose is identifying the premises of a nonprofit, public, governmental, educational, religious, charitable or similar civic facility.
Signs in an office/technology park that indicate the names of or directions to buildings or departments in an office/technology park.
A parcel of land, with definite boundaries ascertainable by recorded deed or recorded plan, and used or set aside and available for use as the site of one or more buildings or for any other definite purpose, in one or joint ownership and not divided by a street or public way.
The process by which owners with permits for existing noncompliant signs, or existing noncompliant signs approved by variance, may remain, be altered, or be reconstructed.[1]
A sign in which the entire structure is a single, continuous surface from the top edge of the sign to the ground.
A freestanding sign identifying two or more individual businesses on separate sign panels within the same business center or business complex.
Signs indicating the names of more than one business in an office/technology park.
A sign that does not meet the regulations of this chapter.
A sign that identifies a business, product or service that is no longer available on the premises where the sign is displayed.
A sign placed other than on the lot on which the business is located.
A complex having two or more internal streets each at least 1,000 feet in length and five or more buildings with a combined gross floor area of 1,000,000 square feet or more and used primarily for office or research and development purposes.
Signs indicating only the name of an office/technology park.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "No Parking," "Entrance," "Exit," "Loading Zone," "Handicapped" and/or other similar directives.
A lightweight plastic, fabric, or other material, of any shape, color or design, whether or not containing a message, and designed to move in the wind.
A support structure of any material for a freestanding sign.
A sign pertaining to a candidate for a political office, to a ballot question associated with an election or to any political issue.
An official sign of a noncommercial nature erected by a public utility.
A temporary wall or freestanding sign that identifies the sale or lease of land or buildings for an entire residential subdivision or commercial project.
A temporary sign that identifies a single residential unit or commercial property for sale or lease.
A sign customarily associated with residential use such as circa signs, signs identifying names of residents, signs on mailboxes or newspaper tubes, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals, or allowed home office or home occupation signs.
A sign erected on or attached to a roof or extending above the top edge of the wall or the parapet to which it is attached.
A business center or complex containing more than 20 individual retail businesses regardless of whether those businesses have main entrances directly to the exterior of the building or into an interior central pedestrian corridor.
Any letter, number, word, address, symbol, drawing, picture, design, device, article or object, regardless of the material and manner of composition or construction, that has the primary purpose of identifying or indicating any premises, products, businesses, uses or activities.
The single smallest continuous rectangle that encompasses all lettering, logos, representations, emblems, channel letters, symbols or other displays, including any material or color forming an integral part of the background of the sign or used to differentiate the sign from the background or structure against which it is placed.
A sign in an office/technology park, indicating a building with a single business.
A banner that crosses and overhangs a public way.
A permanent sign located near the entrance to a residential development that identifies the name of the subdivision.
An allowed sign displayed for 30 days or less.
A sign on which the only copy that changes is an electronic or mechanical indication of time and/or temperature.
Relief from the regulations of this chapter granted by the Zoning Board of Appeals.
A flag hung vertically on any pole.
A sign affixed to the facade of a building, including but not limited to awning signs, bracket/projecting signs, canopy/marquee/portico signs and channel letters.
The distance between the wall on which the sign is to be placed and the front curbline or edge of the pavement of the street.
A sign placed on or within four feet of any glass area.
For the purposes of this chapter, the appellate authority for hearing appeal and variance applications under § 373-12 shall consist of the three associate members of the Zoning Board of Appeals appointed by the Mayor. All three associate members shall be required to constitute a quorum for hearing applications under § 373-12. In the absence of a quorum, the Chair of the Zoning Board of Appeals shall designate another member(s) of the Zoning Board of Appeals to hear and act on sign applications in place of the associate member(s).
[1]
Editor's Note: So in original.
[Amended 4-30-2024 by Ord. No. 2024-025]
The following types of signs do not require a permit:
A.
The flag of any governmental organization or nonprofit charitable organization. One flag may be displayed per organization.
B.
The flag of a single corporation occupying 50,000 square feet or more of nonretail space when not displayed in connection with a commercial promotion or as an advertising device. Only one flag may be displayed per corporation.
C.
The American flag.
D.
Political signs.
E.
Roadwork signs.
F.
Real estate signs less than six square feet.
G.
Residential signs.
A.
All off-premises signs, whether with or without the property owner's or tenant's consent or a contractual agreement. Exceptions:
C.
Banners on freestanding signs.
D.
Billboards.
E.
Bracket signs for business located above the first floor.
F.
Changeable copy signs prohibited with the following exceptions:
(1)
When used on an institutional/civic sign;
(2)
When used on a gasoline price pod;
(3)
When used in conjunction with a movie theater;
(4)
When used for a drive-thru car wash or a fast-food restaurant. See § 373-10C(1)(g)[8];
(5)
When used by restaurants. See § 373-10C(1)(g)[9].
G.
Circulars, placards or flyers placed on vehicles or on the exterior of any building.
H.
Flashing/rotating, animated, moving or changing signs, including parked mobile changing signs and billboards. See regulations, § 373-9L, for one exception.
I.
Pennants.
J.
Portable signs.
(1)
A sign not permanently attached to the ground or other permanent structure, including, but not limited to:
(a)
Signs designed to be transported by means of wheels;
(b)
A- or T-frame signs, menu and sandwich board signs greater than 24 inches by 36 inches (it being understood that A- or T-frame signs, menu and sandwich board signs up to 24 inches by 36 inches are allowed under this chapter);
(c)
Signs attached to or painted on vehicles and/or trailers that are parked and visible from a public way (or a private way used as a public way) with the intent of drawing attention to the business unless said vehicle is registered and used in the normal day-to-day operation of the business.
K.
Roof signs.
L.
Signs and/or flags placed on property without permission of the property owner/agent.
N.
Signs painted directly on a building surface.
O.
Signs painted on or attached to utility poles, rocks, boulders, trees, fences, utility boxes, benches, dumpsters (other than identifying the dumpster service), trash barrels, water towers, storage tanks, chimneys, radio towers, roof towers and sidewalks.
P.
Signs placed on or attached to any sloped surface with the exception of an awning sign.
Q.
Street banners for a commercial business.
R.
Wall or freestanding signs for individual businesses that do not have building frontage and a separate exterior public entrance into the business, and are not completely separated by interior walls with no access from any adjacent business are prohibited unless a variance is granted.
S.
Wind-driven, whirling or spinning signs.
A.
Each application for a sign permit within a designated historic district must be accompanied by a certificate of appropriateness from the Historic District Commission.
B.
A variance from compliance with this chapter may be granted to signs not located in historic districts but that are designated as historic in accordance with the following provisions:
(1)
Applicants seeking a variance for a sign believed to be historic shall apply to the Building Commissioner, who shall forward the application to the Historical Commission. The Historical Commission shall consider the application at its next regularly scheduled meeting and shall render a decision within 60 days of receipt of the application unless the applicant grants an extension of time for making the decision. Approval by the Historical Commission shall be provided, in writing, to the Building Commissioner and shall accompany the sign permit application. In determining whether a sign is deemed to be historic, the Historical Commission shall make all of the following findings:
(a)
The sign is 50 years old or older.
(b)
The sign demonstrates character, interest or value as a part of the local, regional state or national history, heritage, economy or culture.
(c)
The total number of signs allowed shall be in accordance with § 373-10B(1) and may not be waived regardless of historical status.
B.
Illumination.
(1)
External and internal illumination is permitted in all districts. An internally illuminated sign may not also be externally illuminated. See § 373-9J(2) for one exception.
(2)
The light from any sign shall be at a sufficiently low level of intensity that it shall not adversely affect neighboring premises, reflect or shine on or into residential lots, nor impair the safe vision of operators of vehicles moving on public roadways.
(3)
Building surfaces that are decorated with illuminated gaseous tube (neon) or other lights with a message or trademark included are considered signs. Area calculations for wall signs shall apply.
(4)
Light bulbs shall be enclosed in a housing, can, sleeve or other container.
(5)
Times of sign illumination shall be for a period not to exceed one hour before/after the business is opened/closed to the public in all zoning districts, except HC/RC and CBD where illumination is allowed for 24 hours. Programmable timers are required in all districts except HC/RC and CBD.
(6)
Timers on multiple-business signs (MBS) and all wall signs shall be set to coincide with the business last to close and first to open, except as provided in § 373-8B(5).
(7)
The only lighting permitted to be a part of a sign or sign structure is internal illumination of the sign face area or attached external illumination designed to primarily illuminate the sign face area. Neon or other additional lighting on the sign or sign structure is prohibited. Nonattached ground lighting is permitted for externally illuminated signs.
C.
Maintenance.
(1)
Signs and all components thereof shall be maintained in good surface and structural condition, free of rust, corrosion and peeling paint, in compliance with all building and electrical codes in effect at the time the sign is permitted and in compliance with this chapter.
(2)
Electrical meters and utility equipment shall be screened from view.
D.
Obsolete signs.
(1)
Compliant signs. An obsolete compliant sign shall be removed or the sign portion covered with a plain opaque cover by the owner of the sign or the owner of the premises within 30 days of the closing of the business.
(2)
Noncompliant signs. An obsolete noncompliant sign, including its structure and support, shall be removed by the owner of the sign or the owner of the premises within 30 days of the closing of the business. Blank sign panels and sign boxes are included in this provision.
(a)
Exception: An obsolete noncompliant sign and its structure and support may remain if the owner of the sign applies for a new sign permit within 30 days of the closing of the business and provided that the sign will comply within 60 days of receiving the permit.
E.
Safety. No sign, including a window sign, shall, by reason of location, shape, size, lighting or color, interfere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal, or traffic marking.
F.
Structural integrity.
(1)
All signs shall be designed and constructed in conformance with the provisions for materials, loads, and stresses of both the Massachusetts State Building Code and the Electrical Code in effect at the time the sign is permitted.
(2)
All sign poles, supports, caps and bases shall be constructed of or encased in a solid material that does not rust.
G.
Temporary signs. A temporary sign identifying a business may be installed after a complete application for a permanent sign has been approved. Where there is an existing structure for a freestanding or wall sign, the temporary sign shall be designed to closely fit the existing sign or frame. The temporary sign shall be replaced with the permanent sign within 60 days of receiving the final permit. Businesses utilizing a temporary sign may not concurrently display a separate banner sign.
A.
Banner signs.
(1)
A banner shall not exceed 30 square feet and may be attached only to building surfaces.
(2)
A business or institutional/civic organization may display only one banner at any time. Banners may be used twice for up to 30 days in a twelve-month period, each use separated by at least 30 days. The banner shall display a permit sticker issued by the Building Department. Banners are prohibited on freestanding signs.
B.
Bracket/projecting signs. A business may elect to use a bracket/projecting sign instead of a wall sign. Only one such sign may be erected for each business, subject to the following conditions:
(1)
The area of the sign shall not exceed eight square feet in the Central Business District and 12 square feet in all other districts.
(2)
A sign having two faces having the identical sign copy on both sides may have the maximum allowed area on each side.
(3)
The depth of the sign shall not exceed six inches.
(4)
The sign shall not project more than six feet from the building.
(5)
There shall be at least 50 feet between adjacent bracket/projecting signs.
(6)
The sign shall be hung at a ninety-degree angle from the face of the building to which it is attached.
(7)
The sign shall be pinned at least six inches from the face of the building to which it is attached.
(8)
The bottom of the sign shall have a minimum clearance of 10 feet above a pedestrian walkway or sidewalk or 15 feet above a vehicular driveway.
C.
Canopy/marquee/portico signs. No sign shall be placed on top of or shall extend beyond the vertical or horizontal face of a canopy/marquee/portico. A canopy/marquee/portico sign shall be in place of a wall sign and must meet the dimensional requirements contained herein for wall signs.
D.
Central Business District signs.
(1)
Placement of signs located on buildings where sign space has been designed as part of the facade (sign band area) shall take into consideration the historic and/or significant architectural features of the building such as arches, columns, lintels, sills, moldings, carvings and cornices, and all signs shall be placed only within the sign band area. Businesses occupying upper floors may identify the business name with only one sign per business placed directly on the glass area and not exceeding 40% of a single-pane window area.
(2)
All wall signs, including awning signs for ground-level tenants located in the same building, shall be located entirely in the sign band area and shall be uniform across the building relative to structure, shape, materials, placement, vertical dimension, and background color of the sign face area or color of the awning.
G.
Management signs. In addition to wall signs allowed in § 373-10B, one sign indicating the ownership or management of a building is allowed. Such sign is restricted to two square feet, must be placed on the surface of the building and may not be internally illuminated. Management signs may not be a part of any freestanding sign.
H.
Parking lot/directional signs.
(1)
Driveway entrances and exits from a street or public way:
(a)
Driveway entrances and exits may have only one directional sign per driveway, indicating the entrance/exit.
(b)
The letters or graphics on the sign shall not exceed a vertical dimension of six inches.
(c)
The sign face area shall not exceed three square feet.
(d)
The height of the sign from the ground shall not exceed five feet.
(2)
Additional informational/directional interior parking lot signs:
(a)
Additional parking lot signs are allowed with letters having a vertical dimension of six inches or less.
(b)
The sign face area shall not exceed four square feet.
(c)
The height of the sign from the ground shall not exceed six feet.
(d)
Additional directional interior signs may include a business name or logo but may not include any advertising.
I.
Real estate signs.
(1)
In all districts, real estate signs indicating the sale or lease of property shall not exceed six square feet in area for residential properties and 16 square feet for commercial properties.
(2)
In all districts, real estate development signs indicating the sale or lease of land or buildings for an entire residential subdivision or commercial project shall not exceed 32 square feet.
(3)
Real estate and real estate development signs may not be placed on or be a part of any permanent freestanding sign.
(4)
Real estate and real estate development signs may not be internally illuminated.
(5)
All real estate signs shall be removed within seven days of the final sale or lease of the real estate.
(6)
Only one subdivision sign shall be allowed per development in all districts and shall not exceed 20 square feet in area. Internal illumination is prohibited.
(a)
Exception: When a residential subdivision has more than one roadway entrance, a second residential subdivision sign may be allowed, provided the second entrance is located at least 1,000 feet from the first roadway entrance. Internal illumination is prohibited.
K.
Shopper's World signs. Standards for Shopper's World wall and freestanding signs shall be in accordance with the provisions of the special permit decision dated January 10, 1994, and the sign review approval in conjunction with a special permit site plan approval dated August 9, 1994.
L.
Street banners. A street banner is allowed for civic and institutional organization events only and may be displayed for no more than 30 days at any one time.
M.
Time/temperature signs. A time/temperature sign is allowed and shall be included as part of the total square footage of the allowed sign area.
N.
Window signs.
(1)
Window signs with a commercial message are prohibited in "R" and "G" Districts.
(2)
All combined window signage shall be limited to 10% of the total glass area on any one facade/side of a building. Exception: Central Business District. See § 373-9D(1).
(3)
Any sign placed within four feet of a glassed area and visible from the outside (excluding merchandise displays) shall be considered a window sign.
O.
Vertical pole flags.
A.
Districts, adjacent and related businesses, and other licenses and permits.
(1)
HC/RC* | Highway Corridor/Regional Center |
B and B-1 to B-4 | Business Districts |
CB | Central Business/Mixed Use |
P | Office and Professional |
M and M-1 | General and Light Manufacturing |
TP | Technology Park |
R-1 to R-4 and G | Residential and General Residence |
G-E and PUD | Geriatric and Planned Unit Development |
OSR | Open Space and Recreation |
PR | Planned Reuse |
* | Note that HC/RC Overlay regulations shall take precedence over underlying zoning relative to this chapter. |
(2)
Adjacent and related businesses. For the purposes of this chapter, the determination of the dimensions and number of signs allowed for a business shall be made according to both of the following:
(a)
Adjacent businesses of similar or related uses that are located on the same lot or on adjacent lots, whether or not separated by a street or driveway, shall be considered a single business; and
(b)
Businesses that are either under the control of the same person(s), corporation, trust or other entity, or related or jointly owned entities, or under the control of entitles in which the beneficial ownership is in the same or related persons or entities shall be considered a single business.
(3)
Other licenses and permits. Multiple regulatory licenses or permits held by a single business as defined herein shall not entitle said business to multiple signs or sign dimensions not otherwise allowed herein.
B.
Wall signs.
(1)
Number of wall signs.
(a)
A business located on one street may have only one wall sign.
(b)
A business in the corner position of a building shall be allowed two wall signs, provided the lot on which it is located is at the intersection of and extends to the right-of-way of two public streets. The size of each sign shall be as provided in Chart 1.
(c)
In a business center, only the business located in the corner position of the building shall be allowed two wall signs, provided the lot on which it is located is at the intersection of and extends to the right-of-way of two public streets The size of each sign shall be as provided in Chart 1.
(d)
A business in a shopping mall situated such that only the rear of the building faces a street or public way may have two wall signs. One sign shall designate the main front entrance to the business. An additional sign may be affixed to the rear of the building for identification purposes only and shall not exceed 30% of the area of the front entrance sign, and may not be a bracket/projecting sign.
(e)
Wall signs for individual businesses that do not have building frontage and a separate exterior public entrance into the business, and are not completely separated by interior walls with no access from any adjacent business are prohibited.
(f)
Buildings facing Interstate 90: Buildings in "M," "M-1" and "TP" Districts used for office, research and development or manufacturing purposes may have one additional wall sign with letters not to exceed six feet in height, identifying the building if the sign is primarily viewed from Interstate 90 (the Massachusetts Turnpike). Only one wall sign may be viewed from Interstate 90.
(2)
Wall signs for single businesses with additional entrances. Wall signs having only the business or department name may be used to identify additional public entrances. The sign shall not exceed eight inches in height and three feet in width, and may be illuminated. Bracket signs are prohibited.
(3)
Wall signs for businesses on the second floor and above.
(5)
Individual letter size.
(a)
When the wall on which the sign is to be placed is not parallel to the street, the setback shall be measured from the front curbline or edge of pavement to the center point of the location at which the sign is to be placed.
(b)
The maximum vertical dimension of any individual letter in a wall sign shall be determined by the building setback as provided in Chart 1.
(c)
Channel letters, as allowed in Chart 1, may be illuminated or nonilluminated.
(d)
The maximum vertical dimension of any individual letter will be as determined by the building setback provided in Chart 1. A logo shall be excluded in this calculation. The maximum vertical height of a logo, as branded in the business name, may be taller than the individual letter as long the total area of the sign conforms with the maximum allowable sign area as defined in § 373-10B(6), Area of wall signs.
Chart 1: Wall Sign Maximum Letter Size | ||
|---|---|---|
Building Setback (feet) | Vertical Dimension Nonchannel Letters (inches) | Vertical Dimension Channel Letters (inches) |
40 | 12 | 18 |
40 to 75 | 18 | 24 |
76 to 150 | 24 | 30 |
151 to 225 | 30 | 36 |
226 to 300 | 36 | 42 |
301+ | 42 | 48 |
Exception: For allowed wall signs placed above fourth floor, the maximum letter height allowed is 42 inches. |
(6)
Area of wall signs.
(a)
The total wall sign face area for each business shall not exceed one square foot for each linear foot of building frontage of the business (whether or not the business faces a street) or 30 square feet, whichever is greater, up to a maximum area of 200 square feet and a maximum horizontal dimension of 50 feet.
(b)
For the purpose of determining the maximum amount of wall sign face area allowed, building frontage may be measured along the wall of the business that is parallel to the street or the wall that has the main entrance to the business to which the sign relates. However, the sign must be placed on the wall that is used to determine the area of the sign.
(c)
The wall sign may also be placed on the surface of any corner entrance or canopy/marquee/portico structure that is attached to and extended from the building or business frontage that was used to determine the allowed wall sign face area.
(d)
The frame shall not be included in the measurement of the sign face area, provided the frame does not exceed three inches in width.
(7)
Awning signs.
(a)
An awning sign is to be considered a wall sign.
(b)
Awning signs are allowed only for first-floor businesses.
(c)
If an awning sign is used as the wall sign for a business, only one individual and separate awning sign may include signage.
(d)
An awning containing signage shall not extend above or beyond any top or side edge of the facade, cornice, moldings or trim of the building to which the awning is attached.
(e)
The section of the awning that incorporates writing or other types of graphics used for the identification of the business shall be considered sign area.
C.
Freestanding signs.
(1)
General regulations for freestanding signs.
(a)
The frame shall not be included in the measurement of the sign face area, provided the frame does not exceed three inches in width.
(b)
All freestanding signs shall include the street number on the sign and may include the street name.
[1]
The sign face area or panel with the street name or number may be excluded from the calculated allowable sign dimensions if:
[2]
In all districts, the area or panel containing the street name or number may exceed the width and depth of the existing or proposed sign by six inches, only if such area or panel is located at the top of the sign.
[3]
No lettering or graphics other than the street name and number may be included in that area or panel.
[4]
For the purposes of visibility, the color of the street number must clearly contrast with the background on which it is placed.
[5]
The area or panel containing the street name or number may vary in shape.
[6]
If a name of a business, business center or business complex is included on the freestanding sign, it shall be calculated as part of the total allowed sign face area.
(c)
Pole width and location:
[1]
Poles shall not be included in the calculation of sign width.
[2]
The widest face of the pole must be in the same direction as the sign face.
[3]
Poles must be one color and shall not contain graphics.
[4]
Exposed vertical or horizontal structural steel members (I-, H- or U-beams) are not allowed as poles.
[5]
Freestanding signs with one pole:
[a]
Regardless of district, the single pole must either be centered or be located to the extreme right or extreme left of all the sign panels on the pole.
[b]
All sign panels on single poles must be the same width and shape regardless of the number of businesses on each panel.
[c]
In the HC/RC District, if the single pole is centered, it may not exceed 28 inches in width and 14 inches in depth or diameter.
[d]
In the HC/RC District, if the single pole is to the extreme right or left of the sign, it may not exceed 16 inches in width and 14 inches in depth or diameter.
[e]
In all other districts, if the single pole is centered, it may not exceed 16 inches in width and eight inches in depth or diameter.
[Amended 4-30-2024 by Ord. No. 2024-025]
[f]
In all other districts, if the single pole is to the extreme right or left of the sign, the width of the pole may not exceed eight inches in depth or diameter.
[6]
Freestanding signs with two poles:
[a]
In the HC/RC District, each pole may not exceed 14 inches in width and 14 inches in depth or diameter.
[Amended 4-30-2024 by Ord. No. 2024-025]
[b]
All internally illuminated sign panels between two supporting poles must be the same width and shape regardless of the number of businesses on each panel.
[c]
In all other districts, the width of each pole may not exceed eight inches in depth or diameter.
(d)
(e)
Banners: Prohibited on freestanding signs.
(f)
Placement:
[1]
If a building is less than 10 feet from the front curbline or edge of pavement, no freestanding sign shall be allowed.
[2]
All signs must be located entirely on the site/premises on which the business is located.
[3]
No part of any sign shall extend beyond the lot line or overhang the public right-of-way.
[4]
All signs shall be placed in locations that will not to obstruct the vision of drivers entering or exiting the site.
(g)
Number:
[1]
A building with one business may have one freestanding sign.
[a]
Exception. See § 1-10C(1)(g)[11].
[2]
A business center may have one freestanding sign.
[3]
Freestanding signs for individual businesses that do not have building frontage and a separate exterior public entrance into the business, and are not completely separated by interior walls with no access from any adjacent businesses are prohibited.
[4]
A business complex may have two freestanding signs, provided the combined gross floor area of the buildings is 30,000 square feet or greater and there are four or more businesses per building. If the combined gross floor area is less than 30,000 square feet, there may be one only freestanding sign. An individual business may be identified on only one sign. Signs must be at least 200 feet apart.
[5]
A shopping mall may have two freestanding signs on one street, provided the shopping mall has at least 1,200 feet of frontage on the street on which the signage is placed and the signs are placed at least 600 feet apart. Such signs shall identify only the name of the mall and not the names of the individual businesses located within the mall.
[6]
A freestanding building with only one business, a business center, a business complex, or a shopping mall with frontage on two parallel streets at least 1,000 feet apart may have a freestanding sign on each street.
[7]
All buildings with the same recorded access easement to the property that do not have frontage on a public way may share one freestanding sign located in the access easement. Under no circumstances shall a building have more than one freestanding sign.
[8]
Drive-thru food establishment or car wash may have one freestanding menu board sign for each drive-thru lane. The menu board may be a maximum of 40 square feet and have a maximum vertical dimension of seven feet, regardless of the district in which it is located. No additional temporary or permanent signs, panels, banners, flags, etc., of any type may be attached to the menu board.
[9]
A restaurant, but not a drive-thru restaurant, may incorporate a changeable copy panel, provided that such changeable copy message board shall not exceed two reader lines and the total vertical dimension shall not exceed 12 inches. The changeable copy panel shall be included in the calculation of the total sign area and may only announce special events and entertainment, not prices or products.
[10]
Automobile dealers selling new cars representing more than one new-car national franchise may have one freestanding sign for each such franchise, up to a maximum of three signs, provided:
[a]
In all districts, the sum of the combined heights of all freestanding signs shall not exceed 20 feet, and no individual sign shall exceed 10 feet in height.
[b]
If a dealer with more than one franchise chooses a multiple-business sign, each franchise may have only one panel, as per MBS regulations. Regardless of the number of franchise panels, the height of the MBS may not exceed 20 feet.
[c]
Dealers offering additional services ancillary to the primary business (such as used car sales, service, repairs, body work, etc.) on the same lot or on contiguous lots may not have additional freestanding signs advertising such services.
[d]
State inspection signs are not allowed on freestanding signs.
[11]
A residential apartment building, condominium/apartment complex, assisted living or congregate housing facility having 10 or more units or a nursing home having 10 or more beds may have one externally illuminated freestanding sign per driveway, provided that the driveways are at least 200 feet apart as measured from the center point of each driveway. Freestanding signs shall be located at or in close proximity to the driveway entrance.
[a]
Maximum vertical height: 10 feet.
[b]
Maximum area: 25 square feet for primary sign 15 square feet for each additional sign; exception: HC/RC District maximum area: 70 square feet for primary sign, 25 square feet for each additional sign.
[c]
Stone-wall dimensions shall be excluded from sign area calculations for residential uses only.
[d]
No wall signs other than management signs are allowed.
[e]
No additional freestanding signs are allowed under § 373-10C(2).
(h)
A sign having two faces having the identical copy on both sides may have the maximum allowed area on each side. V- or L-shaped signs are considered two signs.
(i)
No sign or new sign box shall be issued a sign permit until there is an identified tenant for an existing or new commercial space.
(2)
Freestanding signs for a single business.
(a)
The maximum dimensions of the height, width and sign face area of a freestanding sign shall be determined by the district in which it is located, as indicated in Chart 2.
(b)
The sign face area for a single business shall not exceed 0.5 square foot for each linear foot of building frontage having the main entrance to the business (whether or not the main entrance faces a street), or a minimum of 18 square feet, whichever is greater, subject to the standards in the chart below. See definition of frontage, § 373-4.
(c)
Sign panels on signs with two supporting poles must be between the inner edges of the sign supports or poles. All sign panels between two supporting poles must be the same width and shape regardless of the number of businesses on each panel.
(d)
Sign supports, poles or framework on internally illuminated signs may not extend above the top sign panel with the exception of the sign face area or panel with the street name or number.
(e)
Poles for non-internally illuminated signs may extend up to 12 inches above the top of the sign.
(f)
The maximum depth between the two outermost external faces of the sign panels shall not exceed 14 inches.
Chart 2: Dimensions for a Freestanding Sign for a Single Business | ||||
|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Distance From Ground to Top Edge of Sign (linear feet) | Maximum Width Distance Between Support Poles (linear feet) | Maximum Depth Distance Between Sign Faces (inches) |
HC/RC | 40 | 20 | 12 | 14 |
B1-B4 | 30 | 10 | 6 | 14 |
CB | 30 | 10 | 6 | 14 |
P | 18 | 6 | 5 | 14 |
M/M1 | 30 | 10 | 6 | 14 |
R1-R4, G | 2 | 4 | 2 | 4 |
OSR | 30 | 6 | 6 | 14 |
TP, GE, PUD | Only monument signs allowed. See Chart 3 | |||
Exception: For office/technology park as defined; see § 373-4 and Chart 8. |
Chart 3: Dimensions for a Freestanding Monument Sign for a Single Business | ||||
|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Ground to Top Edge of Sign (linear feet) | Maximum Width (A) Distance Between the Outer Edges of the Sign Structure (linear feet) | Maximum Depth Distance Between Sign Faces (inches) |
HC/RC | 40 | 8 | 8 | 14 |
R1-R4, G | Not allowed | — | — | — |
All others | 30 | 6 | 6 | 14 |
(a) | The maximum width must remain consistent for the entire height of the sign. |
Note: Monument signs may also have a solid surface base as allowed in § 373-10C(1)(d) and are subject the regulations for street names and numbers in § 373-10C(1)(b). | |
Exception: For office/technology parks as defined; see § 373-4 and Chart 8. | |
(3)
Multiple-business signs (MBS). MBS shall be subject to the following standards:
(a)
Vertical and horizontal dimensions of a MBS shall be as shown in Chart 4.
(b)
Single sign panels on signs with two supporting poles must be between the inner edges of the sign supports or poles.
(c)
All internally illuminated single sign panels between two supporting poles must be the same width and shape regardless of the number of businesses on each panel.
(d)
Sign supports, poles or framework on internally illuminated signs may not extend above the top sign panel with the exception of the sign face area or panel with the street name or number.
(e)
Poles for non-internally illuminated signs may extend up to 12 inches above the top of the sign.
(f)
The maximum depth between the two outermost external faces of the sign panels shall not exceed 14 inches.
(g)
In the HC/RC Districts the following regulations apply except for automobile dealership buildings and signs:
[1]
The maximum square footage of the sign face area on a MBS shall not exceed 200 square feet.
[2]
Buildings with both a gross floor area of 20,000 square feet or more and four or more businesses are allowed the following:
[a]
A maximum height of 25 feet;
[b]
The maximum individual sign face area is 60 square feet;
[c]
To qualify, the four businesses must be tenants in the building and the name of the building, business center or business complex does not qualify as one of the four or more businesses.
Chart 4: Dimensions for a Freestanding Sign for Multiple Businesses | ||||
|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Distance From Ground to Top Edge of Sign (linear feet) | Maximum Width(A) Distance Between Support Poles (linear feet) | Maximum Depth Distance Between Sign Faces (inches) |
HC/RC | 40 | 20 | 12 | 14 |
B1-B4 | 30 | 10 | 6 | 14 |
CB | 30 | 10 | 6 | 14 |
P | 18 | 6 | 5 | 14 |
M/M1 | 30 | 10 | 6 | 14 |
R1 - R4, G | 2 | 4 | 2 | 4 |
OSR | 30 | 6 | 6 | 14 |
TP GE, PUD | Only monument signs allowed. See Chart 5. | |||
(a) | The maximum width must remain consistent for the entire height of the sign. |
Exceptions: For office/technology parks as defined; see § 373-4 and Chart 8. For HC/RC Districts, see § 373-10C(3)(g). | |
Chart 5: Dimensions for a Monument Sign for Multiple Businesses | ||||
|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Distance From Ground to Top Edge of Sign (linear feet) | Maximum Width(A) Distance Between the Outer Edges of Sign Structure (linear feet) | Maximum Depth Distance Between Sign Faces (inches) |
HC/RC | 40 | 8 | 8 | 14 |
R1-R4, G | Not allowed | — | — | — |
All others | 30 | 6 | 6 | 14 |
(a) | Maximum width must remain consistent for entire width of sign. |
Note: Monument signs may also have a solid surface base as allowed in § 373-10C(1)(d) and are subject to the regulations for street numbers in § 373-10C(1)(b). See § 373-10C(3)(g) for exceptions. | |
Exceptions: For office/technology parks as defined; see § 373-4 and Chart 8. For HC/RC Districts, see § 373-10C(3)(g). | |
(4)
Gasoline stations.
(a)
In all districts, all gasoline station signs may have one freestanding sign for the purpose of identifying the brand name and price of gasoline.
(b)
In addition to one freestanding sign, gasoline stations may have either a wall sign or a canopy/marquee/portico sign, but not both.
(c)
Additional on-site businesses (including but not limited to mini-marts, donut shops, automotive services, car washes, etc.) may share one additional panel located on the freestanding sign. The additional panel may not exceed 12 inches in height, must be the same width as the other panels on the freestanding sign and shall be in addition to the 50 square feet allowed for the freestanding sign.
(d)
Gasoline stations may have a canopy/marquee/portico sign that includes the brand and/or logo. The letters may not exceed 18 inches in height, and the length of sign area on the canopy/marquee/portico that includes the brand and/or logo may not exceed eight feet. The lighted portion of the canopy/marquee/portico must be limited to the area of the lettered sign and logo only, similar to regulations for awnings; see § 373-10B(7). Two canopy/marquee/portico signs are allowed per gasoline station.
(e)
Brand name or logo signs on the pumps are allowed, provided that the maximum individual sign face area does not exceed one square foot per sign and the letters are no larger than six inches. One brand name or logo is allowed per pump.
(f)
State inspection signs shall not exceed 24 inches by 36 inches and are limited to one. Inspection hours signs are limited to one square foot.
(g)
With the exception of the sign face area or panel with the street name or number, sign supports, poles or framework may not extend above the top sign panel.
Chart 6: Dimensions for a Freestanding Gasoline Station Sign Including Price Pod | |||||
|---|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Ground to Top Edge of Sign (linear feet) | Maximum Width Distance Between Supports/Poles (linear feet) | Maximum Depth Distance Between Sign Faces (inches) | Maximum Number |
HC/RC | 50 | 15 | 10 | 14 | 1 |
All other | 40 | 10 | 8 | 14 | 1 |
Chart 7: Dimensions for a Gasoline Station Monument Sign Including Price POD | |||||
|---|---|---|---|---|---|
District | Maximum Sign Face Area (square feet) | Maximum Height Distance From Ground to Top Edge of Sign (linear feet) | Maximum Width(a) Distance Between Outer Edges of Sign (linear feet) | Maximum Depth Distance Between Sign Faces (inches) | Maximum Number |
HC/RC | 50 | 10 | 10 | 14 | 1 |
All others | 40 | 8 | 8 | 14 | 1 |
(a) | Maximum width must remain consistent for entire width of sign. |
Note: Monument signs may also have a solid surface base as allowed in § 373-10C(1)(d) and are subject to the regulations for street numbers in § 373-10C(1)(b). | |
Chart 8: Dimensions for Office/Technology Park Freestanding Signs | |||||
|---|---|---|---|---|---|
Type of Sign All Districts | Maximum Sign Face Area (square feet) | Maximum Height Distance From Ground to Top Edge of Sign (linear feet) | Maximum Width Between Outermost Edges of Sign (linear feet) | Maximum Depth Distance Between Sign Faces (inches) | Maximum Number |
Entrance | 150 | 10 | 15 | 24 | 1 per entrance |
Wayfinding | 64 | 8 | 8 | 14 | 6 |
Single corporate | 64 | 8 | 8 | 14 | 1 per building |
Multiple corporate | 64 | 8 | 8 | 14 | 1 per building |
A.
General provisions.
(1)
All persons intending to erect or alter a sign that requires a permit in accordance with this chapter shall apply to the Building Commissioner.
(2)
Only complete applications shall be accepted.
(3)
A sign permit shall not be issued until the Building Commissioner performs a field survey. The survey shall bear the date of inspection, comments and the signature of the inspecting officer and shall become a permanent part of the applicant's file.
(4)
All proposed signage related to a subdivision review, site plan review, special permit review or any other applicable review by the Planning Board shall be subject to approval of the Planning Board to determine compliance with this chapter.
(5)
The Building Commissioner shall render a decision within 30 calendar days of receipt of an application completed in conformance with all provisions of this chapter. In those instances that require signage approval by the Planning Board under Subsection A(4) above, the Building Commissioner shall render a decision within 30 calendar days following any final appeal period of the Planning Board action.
(6)
After installation of the sign a final inspection shall be completed by the Building Commissioner and shall include a final field survey and photographs to verify that the provisions of this Ordinance and the permit have been met.
B.
Application submittal requirements. All applications for permits shall include:
(1)
A plot plan of the lot, indicating the setback of the building from the front curbline or edge of pavement and any other dimensions necessary to determine the size of any proposed sign on the building;
(2)
A scaled drawing showing all dimensions of facades proposed to contain signage and indicating the location and dimensions of the proposed sign and any existing signs;
(3)
Sidewalks, curb cuts and any landscaped or other areas in which a freestanding sign is to be placed, clearly showing the location of the sign;
(4)
A scaled drawing of each proposed sign, showing all dimensions, colors, lettering, graphics, materials and type of illumination;
(5)
Photographs of existing buildings and signs, where applicable;
(6)
Specifications for construction, lighting and wiring in accordance with the Massachusetts State Building Code and Electrical Code in effect at the time the sign is permitted;
C.
Fees. Fees for sign permits shall be paid in accordance with the schedule of fees recommended by the Building Commissioner and approved by the City Council.
[Amended 4-30-2024 by Ord. No. 2024-025]
D.
Expired permits. If the sign for which the permit was issued has not been erected within six months of the date of issue, the Building Commissioner may issue one six-month extension if, in their opinion, there is a valid reason for such an extension. If the sign has not been erected within 12 months of the date the permit was issued, the permit shall expire and become null and void. The applicant must submit a new sign application and must comply with any changes to this chapter.
A.
Appeals. An applicant for a sign permit who is aggrieved by the decision of the Building Commissioner or a person aggrieved by any refusal, order or decision of the Building Commissioner may, within 30 days of such refusal, order or decision, file an appeal with the Zoning Board of Appeals as provided in Subsection C.
B.
Variances.
(2)
The Zoning Board of Appeals may grant a variance from these regulations only if all of the conditions as set forth below are met:
(a)
A variance may be granted from the limitations imposed by this chapter if it is determined that the nature of the use of the premises, the architecture of the building or its location with reference to the street, or the topography of the land are such that said variance may be permitted without being contrary to the public good. The applicant must demonstrate that compliance with the regulations of this chapter presents a hardship to the applicant. The hardship must relate exclusively to the specific and unique circumstance of the situation faced by the applicant and not apply generally to other land, buildings or structures in the same zoning district.
(b)
No variance may be granted under this section for a sign that is prohibited in § 373-6, Prohibited signs, of this chapter, other than wall or freestanding signs for individual businesses that do not have building frontage and a separate exterior public entrance into the business, and are not completely separated by interior walls with no access from any adjacent business.
(c)
The desired relief may be granted without substantial detriment to the public good or surrounding properties or degradation of the visual environment, and will not create a traffic or pedestrian hazard.
(d)
To the extent possible, the Zoning Board of Appeals shall grant only the minimum relief necessary to adequately reduce or remove the impediment to compliance with this chapter.
C.
Procedure. An application shall be filed with the Zoning Board of Appeals. Once the application is considered complete, it shall be stamped with the date and time of filing by said Board or its designee and a copy transmitted to the City Clerk. If the application is deemed incomplete, a written notice shall be mailed to the applicant and a copy transmitted to the City Clerk, and said application shall be returned to the applicant if not made complete within a reasonable time period. A public hearing shall be held and a decision shall be rendered by the Zoning Board of Appeals within 60 days for an appeal or for a variance from the date of filing as stamped by said Board or its designee. The period of time within which to act on the appeal or the variance application may be extended by mutual agreement of the applicant and the Zoning Board of Appeals. The applicant may withdraw its appeal or application for a variance by mutual agreement.
D.
Notification.
(1)
Notice of said public hearing shall be given by publication in a newspaper of general circulation in the City once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place on the municipal bulletin board for a period of not less than 14 days before the day of such hearing.
(2)
Notice shall also be sent by mail, at the expense of the applicant, to parties in interest, that shall include the applicant, all owners of land within 300 feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Inspectional Services Division, the Mayor, the Planning and Community Development Division, and the Council member in the district in which the property is located.
(3)
Publications and notices required by this section shall contain the name of the applicant, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises that is the subject of the petition, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested, if any. No such hearing shall be held on any day on which a state or municipal election, caucus or primary is held.
E.
Hearings.
(1)
The Zoning Board of Appeals shall hold a public hearing within 30 days of the date of filing.
(2)
The Board shall keep a detailed written and recorded record of its proceedings.
(3)
Prior to the public hearing, an applicant shall provide evidence, including a plot plan, sign information and any additional information requested by the Zoning Board of Appeals that demonstrates the reasons why relief should be granted. Failure to provide such information may cause the petition to be denied without prejudice until such information is provided.
(4)
City boards and departments may make any recommendations they deem appropriate to the Zoning Board of Appeals and shall send copies thereof to the Zoning Board of Appeals and to the applicant; provided, however, that failure of such board or department to make recommendations within 21 days of receipt of the petition by such board or department shall be deemed lack of opposition thereto.
F.
Decisions.
(1)
The Zoning Board of Appeals shall render a decision within the prescribed time frame and shall file its decision with the City Clerk. A two-thirds vote is needed to approve an appeal or a variance.
(2)
The Zoning Board of Appeals shall specify, in writing, the reasons for making its decision.
(3)
The Zoning Board of Appeals shall file a copy of its decision with the City Clerk and the Building Commissioner within 14 days of the date of the vote of the Zoning Board of Appeals. The decision shall contain the name and address of the owner, identify the land and sign affected, set forth compliance with the requirements for the issuance of such variance and include conditions of approval, if any.
(4)
If the Zoning Board of Appeals fails to act or to file said decision with the City Clerk within these prescribed times, any appeal or petition for a variance shall be deemed approved.
(5)
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, such rights shall lapse.
(6)
Any party aggrieved by a decision of the Zoning Board of Appeals may, within 60 days of the filing of such decision, appeal the decision to a court of appropriate jurisdiction.
A.
The Building Commissioner is the enforcement authority of this chapter.
B.
Temporary signs. Upon observation of a violation of an illegal sign that can be easily and immediately removed, such as banners, balloons, window signs and portable signs, the Building Commissioner will inform on-site management of the violation. The illegal sign must be removed within 24 hours. If not removed, the violator may be subject to a noncriminal penalty of $300 per day.
C.
Permanent signs:
(1)
For the purposes of enforcement, freestanding signs are to be considered as a single sign, whether a single business sign or MBS.
(2)
Business owners and/or property owners with signs in violation of this chapter shall first receive notification, in writing, of such violation from the Building Commissioner via U.S. mail or hand-delivered. The violation notice shall specifically enumerate the inconsistencies with this chapter, stipulate the schedule of fines and penalties, and provide for a thirty-day period in which to abate the violation.
(3)
If no significant remedial plan of action has been taken by the business or property owner within this thirty-day period, the Building Commissioner may issue a noncriminal penalty of $300 per day and a second notice.
(4)
The second notice shall be delivered via U.S. mail or hand-delivered, indicating that the violation has not been corrected, the fine has been issued and the correction must be completed within 30 days. After a total of 75 days has passed from the date of issuance of the first notice of violation, inclusive of issuance of the second notice, with no efforts made to correct the violation, the Building Commissioner may take court action.
No person except an employee or contract agent of the City board or department having jurisdiction over such sign shall paint, scrape, bend, break, or otherwise deface, mutilate, or remove any City-owned sign. Whoever violates this section shall forfeit and pay for each offense a fine not exceeding $50.
A.
The Building Commissioner, upon taking cognizance of a violation of this chapter or Chapter 435, Zoning, may issue to the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof, not later than 21 days after the date of such notice. Such notice shall contain the name and address, if known, of the offender, the specific offense charged and the time and place for his required appearance.
B.
Any person so notified may appear and confess the offense charged, either personally or through an authorized agent or by mailing to the Clerk of said District Court such notice with such specific sum of money as the City shall fix as penalty for violation of the ordinance. The payment to the Clerk shall operate as a final disposition of the case and said proceedings shall be deemed to be noncriminal. If any person so notified to appear desires to contest the violation alleged in the notice to appear and also to avail themselves of the procedure established pursuant to this chapter, they may, within 21 days after the date of the notice, request a hearing in writing. Such hearing shall be held before a District Court Judge, Clerk or Assistant Clerk. If the Judge, Clerk or Assistant Clerk shall, after hearing, find that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the case by paying the sum of money fixed as penalty by the ordinance, or such lesser amount as the Judge, Clerk or Assistant Clerk shall order.
[Amended 4-30-2024 by Ord. No. 2024-025]
C.
If such Judge, Clerk or Assistant Clerk shall, after hearing, find that the violation alleged did not occur or was not committed by the person so notified to appear, that finding shall operate as a final disposition of the case. Proceedings held pursuant to this subsection shall be deemed to be noncriminal.
D.
If any person so notified to appear before the Clerk of the District Court fails to pay the fine provided by the ordinance within the time specified or, having appeared, does not confess the offense before the Clerk or pay the sum of money fixed as penalty after a hearing and finding as provided in the preceding subsection, the Clerk shall notify the Building Commissioner, who shall determine whether to apply for the issuance of a criminal complaint for the violation of the appropriate ordinance.