Town of Yarmouth, MA General Regulations

301.1

Objectives. It is the intent of this section that adequate off-street parking must be provided within a reasonable distance to service all parking demand created by new construction, whether through new structures or through additions to existing ones or through change of use creating higher parking demand.

301.2

Applicability. Except for projects developing or redeveloping under Section 414, VCOD, buildings, structures, and land uses lawfully in existence on the effective date of these provisions are not subject to these off-street parking requirements and may be continued, but not enlarged, altered, or changed in use, so as to increase parking demand, nor may one or more drive-in/drive-through windows be added, without either complying with these requirements or securing from the Board of Appeals a Special Permit for such expansion, alteration, or change in use, pursuant to the applicable provisions of section 104.3.2. In considering and granting such permits, it is the intention of this section that the Special Permit shall be conditional upon requiring maximum feasible compliance with the current requirements of this section.

Projects developing or redeveloping under Section 414, VCOD, are not subject to this Section 301. (Parking and Loading Requirements) and shall be regulated by Section 414.7. (Parking Requirements) for the VCOD and shall follow the procedures and requirements as set forth therein.

301.3

Procedures. In applying for building or occupancy permits, the applicant must demonstrate that the minimum parking requirements set forth below will be met for the total new and existing demand.

301.3.1

The minimums of section 301.5 may be reduced by the Building Commissioner upon unanimous recommendation in writing by the Site Plan Review Team, or by Special Permit from the Board of Appeals, if it is determined that special circumstances render a lesser minimum provision adequate for all parking needs. In making such determination, the Building Commissioner/Board of Appeals shall consider present, as well as proposed and potential future parking needs, and such determination and/or special permit may contain any restrictions, limitations or conditions reasonably necessary to carry out the intention and purpose of this bylaw. Such restrictions, limitations, and conditions may include, among other things:

Provisions for establishing maximum allowable occupancy.

Provisions for expiration or forfeiture of the determination/permit upon stated conditions or upon substantial change of the "special circumstances" upon which the determination/permit was granted.

Provisions limiting the duration.

Such other provisions as are reasonably related to pursuing and carrying out the intent and purposes of this bylaw.

301.4

Design Criteria.

301.4.1

All required parking areas except those serving one and two family residences shall be paved with bituminous concrete or other suitable, hardened stable and durable material, unless exempted by the Site Plan Review Team for cases such as seasonal or periodic use where a proposed alternative surface will prevent dust, erosion or unsightly conditions. Drainage facilities for each parking area shall be designed and constructed to contain stormwater runoff on the premises and comply with Section 304 - Stormwater Management. No parking lot shall be illuminated in such a way that it causes glare for motorists, pedestrians or neighboring premises.

Parking areas shall be located at the side and/or rear of a principal structure(s), unless the Site Plan Review Team determines that the already developed site work makes such placement impossible. Parking on the side of structures shall be located behind the minimum front yard setback shown in Section 203.5 - Table of Dimensional Requirements. Applicable Properties in the HMOD2, as defined in section 404.2.2, having property lines abutting Nantucket Sound may locate parking areas to the front of the structure(s). If necessary, handicapped parking may be located to the front of a building in order to comply with 521 CMR, the rules and regulations of the Architectural Access Board.

301.4.2

Off-street parking spaces, each not less than ten by twenty (10 x 20) feet per vehicle for a perpendicular space, nor less than ten by twenty three (10 x 23) feet for a parallel space, excluding the portion of the driveway to each such space, shall be provided on the same lot. Ten by eighteen (10 x 18) foot perpendicular parking spaces may be substituted in cases where at least two and one half (2.5) feet of overhang space and wheel bumper stops or adequate curbs are provided. Overhang space shall not be counted in any required setback or parking areas. However, driveway area outside of a street right-of-way may be counted for off-street parking when serving a single-family dwelling.

In B2, B3 and HMOD2 districts, up to thirty percent (30%) of the required parking spaces may be located on a contiguous lot not separated by a way from the lot containing the permitted use, if all said parking spaces are within a radius of two hundred (200) feet from the lot containing the permitted use. Such contiguous lots in the HMOD2 may be separated by a way upon granting of a Special Permit from the Planning Board.

301.4.3

Parking areas for five (5) or more cars shall be designed with enough maneuvering space so that vehicles need not back onto a public way, the required screens, buffers, tree plots or other parking spaces. Driveways subject to this section shall have two hundred fifty (250) feet visibility in each travel direction and shall be comprised of two (2) travel lanes each not more than twelve (12) feet nor less than ten (10) feet in width; a minimum curb radius of 25 feet shall be provided. Travel ways within parking lots must be no less than ten (10) feet wide for each direction of travel, on new site development plans.

301.4.4

Parking areas for five (5) or more cars shall be separated from any street line, or any residentially zoned property line, by no less than a twenty (20) foot wide buffer and from any other property line by a ten (10) foot wide buffer. These buffers shall not contain any paving except for entrance and exit driveways and shall be planted with vegetation or maintained with other landscaping material, as approved by the Site Plan Review Team. Existing trees of at least 4" caliper within these prescribed buffers shall be retained (judicious pruning would be allowed), unless removal is approved by the Site Plan Review Team due to the condition of the tree or for sound landscape design reasons. If such trees do not exist, 3" (three inch) caliper trees (with expected mature height of at least 20') shall be planted at intervals of at most 20' in all buffers. Planted trees which die shall be replaced.

301.4.5

Parking lots for five (5) or more cars shall be screened from any abutting residential use or district which is abutted or separated from it by only a street. Screening shall be by a minimum four (4) foot wide planting strip maintained with densely planted shrubs not less than five (5) feet in height. Shrubs shall be at least seventy-five percent (75%) evergreens. Fences or walls may be a part of such screening where deemed necessary, as approved by the Site Plan Review Team.

301.4.6

Parking lots for twenty (20) or more cars shall contain at least one (1) tree of 3" (three inch) caliper or larger per eight (8) cars, to be located within the parking area in soil plots not less than 5' wide and allowing not less than forty (40) square feet of unpaved soil area per tree in addition to the above requirements. Trees along the outside perimeter of the parking area shall not be considered in-lot trees. In-lot trees shall be dispersed throughout the parking area.

301.4.7

Center lines of driveways serving twenty (20) or more parking spaces, if egressing onto a state-numbered or state maintained highway or onto a street improved under the Chapter 90 Program, shall observe minimum separations as follows, unless precluded by lot configuration in existence on the date of adoption of this bylaw:

From other such driveways:

same side of road: two hundred and fifty (250) feet.

opposite side of road: zero (0) or two hundred and fifty (250) feet.

From intersecting street side line: two hundred and fifty (250) feet.

No existing parcel shall be subdivided into lots with frontage which would preclude meeting these requirements unless access rights-of-way are provided across adjoining lots.

301.4.8

Parking for fifteen (15) or more cars is subject to the Rules and Regulations of the Architectural Access Board.

301.4.9

All lots in B1, B2 or B3 Districts and all lots which contain a business or industrial use, shall include a twenty (20) foot wide buffer along those boundaries of the lot which are adjacent to a way, and ten (10) foot wide buffers along all other boundaries of the lot. Existing trees of at least 4" caliper within these prescribed buffers shall be retained (judicious pruning would be allowed), unless removal is approved by the Site Plan Review Team due to the condition of the tree or for sound landscape design reasons. These buffers shall contain no paving except for entrance and exit driveways, common driveways or access rights of way, and shall be planted with vegetation or maintained with other landscaping material, as defined in Section 301 and as approved by the Site Plan Review Team. Common driveways shall have a minimum ten (10) foot wide vegetated buffer on each side of the common driveway, planted with 3" caliper trees every 20'.

Plantings in buffer areas in front of buildings along a way shall include, but not be limited to, 2.5" caliper trees approximately every 35' and shall also include a mixture of shrubs and flowering plants to create a comprehensive landscape plan, as approved by the Site Plan Review Team. The use of fencing or low walls may also be incorporated into these buffer areas.

Existing buffer trees in front of existing buildings may not be removed without approval of the Site Plan Review Team and development of a comprehensive landscape plan.

Plantings in buffer areas in front of parking shall meet the requirements outlined in Section 301.4.

301.4.10

Exterior lighting for parking lots which is attached to posts or poles shall not exceed 20 feet in height, measured from the highest point of the light structure. Electric service for said posts or poles shall be placed underground and any outdoor lighting shall be directed on-site only, with no undue glare affecting adjoining properties. For commercial or mixed use developments, trespass of light at the property boundary shall not exceed 0.1 foot candles. Where commercial or mixed use developments abut a residential district, trespass of light at that boundary shall not exceed 0.05 foot candles. For developments that are exclusively residential, trespass of light at property boundaries shall not exceed 0.05 foot candles. Utility services for new commercial structures will be located underground. At driveways, lighting may be up to 0.5 foot candles at the property line adjacent to a roadway.

301.5

Table of Parking Demand.

Use (1)	Parking Spaces Required (2)
Assembly (incl. uses H10, N1-5, 7,8,10 & P1, 2, 8)	1 space/3 occupants (3)
Business (incl. uses I, J, K, L, M & O)	1 space/2 occupants (3)
Industrial (incl. uses C, D, E, F & G)	1 space/2 occupants (3)
Institutional (incl. uses P4 & 5)	1 space/3 beds
Mercantile (incl. uses H1-9 and H11)	1 space/7 occupants (3)
Residential, motels/hotels	1.1 spaces/unit
Residential, multi-family	1.5 spaces/unit
Residential, 1 & 2 family	2 spaces/unit
Other (incl. uses N6, 9, 11 & uses not elsewhere classified)	As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team.

Notes:
1.	As defined in section 202.5 Use Regulation Schedule.
2.	Where parking spaces are based on occupancy, occupancy loads shall be tabulated in accordance with Massachusetts Building Code.
3.	In cases where planned occupancy is to be below allowable occupancy, parking spaces may be constructed at a reduced number provided that the lot shall be capable of expansion to the spaces required in the table above. When the occupancy load of a building increases, the additional required spaces shall be constructed.
4.	Retail storage shall be based on 20% of gross floor area unless otherwise presented on building plans.
5.	Parking requirements for outside restaurant seating shall be calculated in the same manner as those for inside restaurant seating.
6.	Parking for Day Care Centers: one parking space for every 8 children allowed at the facility, based on the maximum permitted occupancy, is required, plus 1 space for every 3 full-time employees.

301.6

Loading Requirements. Loading zone criteria. Adequate off-street loading facilities and space must be provided to service all regular needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need regularly back onto a public way or be parked on a public way while loading, unloading or waiting to do so.

301.7

Application Requirements. Prior to issuance of a permit for construction of a new structure, addition to or alteration of an existing structure, or change of use, the Building Commissioner may require that the applicant submit information concerning the adequacy of existing or proposed loading facilities on the parcel. Such information may include a plan of the loading area showing its size and its relationship to buildings, parking areas and public being loaded and unloaded from vehicles, the expected types of vehicles to be serviced at the loading area, and the expected normal hours of operation. The Building Commissioner shall use information to determine whether or not the criteria of subsection 301.6 above are met. In making such determination, the Building Commissioner shall seek the advice of the Planning Board and the Town Engineering Department.

301.8

Drive-through Facilities. Businesses utilizing drive-through facilities must provide stacking lanes based on the following minimum ratios:

Drive-through bank or Automated Teller Machine (ATM): 8 stacking spaces; 4 stacking spaces per service window if more than one service window is provided;

Drug store/pharmacy drive-through Prescription service window; dry cleaners/laundry drive-through service window: 4 stacking spaces per service window;

All other drive-through service windows shall have 10 stacking spaces.

Stacking spaces must be located completely within the site, not in the road or road layout. Stacking lanes must be designed so as to prevent circulation congestion, both on site and on adjacent public streets. Stacking lanes must not impede or impair access into or out of parking spaces, nor impede or impair vehicle or pedestrian traffic movement, nor interfere with loading and trash storage areas (nor will such loading and trash storage areas interfere with a stacking lane). Any outdoor service facility (including menu boards, speakers, etc.) shall be a minimum of 100 feet from any residential use or zone.

301.9

Landscaping: All landscaping shall consist of plant species native to the south coast of Massachusetts, Cape Cod and the Islands. Planted trees which die shall be replaced.

301.10

Snow Storage: Site layout shall provide for reasonable accommodations for snow storage.

303.1

Goals and purposes - To regulate signage though a mechanism which protects and serves the individual and economic interests of residents and businesses while at the same time respecting community character, architectural design, and public safety. No sign shall be erected nor maintained except as specifically allowed in this section.

See Section 414.8.11 (Signage) for supplemental regulations specific to development under Section 414, VCOD.

Refer to Section 415.5.10 (Signs) for supplemental sign regulations specific to development under Section 415, Registered Marijuana Dispensaries.

303.2

Definitions.

A-FRAME SIGN

A sandwich sign which is connected at the top or bottom.

ABANDONED SIGN

A sign which identifies or advertises a business, service, product, or activity which no longer exists and/or for which no legal owner can be found.

ACCESSORY SIGN

A sign which does not identify a business or product, i.e. "open, "closed", "VISA", etc.

ADVERTISING DEVICE

A piece of equipment, an object or a mechanism designed to attract the attention of the public for a commercial purpose.

ANIMATED SIGN

Any sign which uses actual movement or the illusion of movement.

ATTACHED SIGN

A sign attached to and parallel to the wall of a building.

AWNING

A roof-like cover, often of fabric, plastic, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure.

AWNING SIGN

A sign attached to or printed upon the awning material supported by framing and which is attached to a building.

BANNER

A piece of cloth, plastic or similar material attached, at two (2) or more points, to a pole, staff or other support, intended for use as a temporary sign.

BUILDING FRONT

The portion of a building facing the road or any portion of a building which has separate businesses and separate egress and ingress for the public facing a parking lot or another public way.

BUSINESS CENTER

A group of businesses sharing a common plaza, parking area, building, or located within a shopping plaza.

CALCULATION OF SIGN AREA

A. The area of a sign shall include all lettering, designs, or symbols, together with the background, whether open or enclosed, upon which they are displayed. Not included in this definition is any supporting framework or molding incidental to the display itself. b. Where a sign consists of individual letters or symbols attached, painted or applied to a building, wall or window, the area shall be considered to be the smallest rectangle encompassing all the letters and symbols. c. In computing the area of a double-faced sign, only one side shall be considered if both faces are identical. Notwithstanding the above, if the interior angle formed by the two (2) faces of the double-faced sign is greater than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sign area. d. The maximum allowable area of a sign shall include all permanent signs attached, painted, or applied to a building facade.

CANOPY

A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.

CANOPY OR ARCADE SIGN

A wall mounted or electronic sign attached to or constructed on the face of a permanent roofed structure covering an area customarily used for pedestrian circulation.

CHANGEABLE COPY SIGN

A sign on which the characters, letters or illustrations can be changed or rearranged manually without altering the face or the surface of the sign. Changeable-copy signs shall exclude time and temperature signs.

CO-BRANDED BUSINESS LOCATION

Any two retail businesses that share a common central entrance and aisle where there are no interior walls separating the two businesses.

COMMUNITY INFORMATION BOARD

A free standing sign erected on municipally owned property, the purpose of which is to educate the public on community, town, and other civic activities. The sign, by design, will have changeable content maintained by an organization approved by the Board of Selectmen. The approved organization will establish written criteria as to who is entitled to submit information on up-coming activities of a general interest to the community, as well as a selection method for inclusion of events to be included on the Community Information Board.

CONSTRUCTION SIGN

A sign identifying an architect, builder, contractor, subcontractor, material supplier, financing entity or others participating in construction, design or alteration on the property which the sign is located. Said signs may also include a picture of the building under construction.

DIRECT EXTERNAL LIGHTING

Illuminated by means of a light source that is external to the sign being lit.

DIRECTIONAL OR TRAFFIC SAFETY SIGN

A sign identifying entrances, exits, parking areas or other operational features of premises and/or providing directions for the safe and/or efficient flow of vehicular or pedestrian traffic (Directional or Traffic Safety Signs within public roadway layouts are governed by the Massachusetts Department of Transportation and Highways Manual on Uniform Traffic Control Devices).

DOUBLE-FACED SIGN

A sign with two faces or panels, both of which is not visible at the same time and which, unlike a v-shaped sign, are directly back to back.

DRIVE-THROUGH MENU SIGN

A sign associated with drive-through windows or kiosks and directed to drive-through traffic.

ELECTRONIC MESSAGE CENTER (EMC)

A portion of a sign that uses changeable lights to display words, symbols, figures or images that can be altered or rearranged by remote or automatic means.

EXPOSED NEON SIGN

An illuminated sign containing a glass tube filled with neon, phosphors or other gaseous substance which is bent to form letters, symbols or other shapes. Exposed neon signs shall include tubes which are visible either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. This includes said signs whether or not they are enclosed in a box or other framing material.

FACADE

The area of the entire building front wall, including the parapet but not the roof.

FLASHING SIGN

A sign which contains an intermittent or sequential flashing light source, but excluding changeable-copy signs and electronic message centers, including animated signs or signs which, through reflection or other means, create an illusion of flashing or intermittent light.

FREESTANDING SIGN

A sign not attached to a building which is supported from the ground by a post or other means.

GATEWAY SIGN

A free standing sign owned by a government entity to indicate the entrance to a destination or geographic area.

GOVERNMENT SIGN

Any sign erected and maintained by a government agency.

HALO LIGHTING

Light showing from the back of or from within a letter or graphic shape out towards the surface that the letter or graphic is mounted on without having any light visible through the face of the letter or graphic.

HEIGHT OF A SIGN STRUCTURE

The vertical distance including landscape features and mounding measured from the highest point of a sign including all moldings, trim, roofs, to the average natural grade at the street.

HISTORIC OR COMMEMORATIVE MARKER

Any sign or plaque indicating the name of a building, the date of erection and/or incidental information about its construction, also known as memorial signs or markers.

ILLEGAL SIGN

A sign which does not meet the requirements of this code and which has not received legal nonconforming status.

ILLUMINATED SIGN

A sign lighted or exposed to artificial light either by lights on or in the sign or directed towards the sign including Halo Lighting, Direct/External Lighting, Indirect Lighting, Internal Illumination, Flashing or Intermittent Lighting.

INDIRECT LIGHTING

Illumination by means of a concealed light source, whereby all devices are shielded from view by opaque or translucent materials and including reflected lighting.

INTERNAL ILLUMINATION

Illumination by means of a light source completely enclosed by the sign panel(s).

LADDER SIGN

A freestanding ground sign with two (2) vertical supports and one (1) or more crosspieces serving as individual signs.

LED (LIGHT-EMITTING-DIODE)

An electronic device that emits light when an electrical current is passed through it.

LOGO

A distinctive emblem or insignia identifying a particular product, service, business, activity or entity.

MAINTENANCE (OF A SIGN)

The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

MENU SIGN

A sign illustrating the menu or specials for an establishment.

MULTIPLE-FACED SIGNS

Signs containing more than two faces or panels.

NATIONAL/REGIONAL ADVERTISING EMBLEM

A sign which refers to a product or organization which is nationally or regionally marketed or has national or regional membership. Examples include Master Card, HBO, AAA, MLS (Multiple Listing Service).

OFF PREMISES BUSINESS PUBLIC INFORMATION LADDER SIGN

A sign erected by the Town of Yarmouth, showing only the name service or activity and the direction to where it is located.

OFF-PREMISE SIGN

A sign which refers to products, services or activities occurring on a parcel of land other than that on which the sign itself is located.

ON-PREMISE SIGN

A sign which pertains to the use of the premises on which it is located and maintained.

PERMANENT SIGN

All signs other than temporary signs.

POLITICAL SIGN

A temporary sign used in connection with a local, state, or national election or referendum.

PUBLIC INFORMATION SIGN

A sign erected by the Town of Yarmouth, showing only the name of a business, service or activity and the direction to where it is located.

PUBLIC WAY

For the purposes of this section only a public way shall indicate: Any way, public or privately owned, over which the public has a right to pass.

QUILLS/FEATHERS

A type of vertical banner made of flexible materials, the longer dimension of which is typically attached to a pole or rod that is driven into the ground or supported by an individual stand.

REAL ESTATE SIGN

A temporary sign which advertises property as being for sale, rent or lease.

REGULATORY OR SAFETY SIGN

An on-premises sign which provides directions or regulations for the safe and legal conduct of activities on the premises.

RESIDENTIAL DECORATIVE SIGN

A sign indicating a name for a residence at the premises and not advertising any products or services.

RESIDENTIAL IDENTIFICATION SIGN

A sign identifying a subdivision, condominium, apartment complex or other residential development.

ROADWAY BANNERS

Temporary pole mounted vertical banners which are owned by the Town of Yarmouth and located in a public road right-of-way in accordance with policies and procedures adopted by the Board of Selectmen.

SANDWICH BOARD SIGN

A self-supporting, double-paneled sign, whose panels are not parallel but which are connected along the top edge and separated along the opposite edge to create an A-frame.

SEASONAL SIGN

A temporary sign used for a portion of the year not to exceed 180 day seasonal basis.

SIGN

Any physical symbol which is intended or designed to identify, advertise, or promote a product, service, business, or the name, ownership identity or control of a premises. This shall include all physical symbols which in any way relate to the business or activity conducted or sought on the premises, and which are visible to or are intended or likely to attract the attention of persons who are not on the premises where the business or activity is conducted or sought.

SIGN PERMIT

A permit issued by the Building Department for the erection, construction, enlargement, alteration, repair, or improvement of any sign.

SPECIAL EVENT SIGN

A temporary sign advertising or pertaining to a civic, patriotic, non-profit, educational or other event taking place within the town.

SUBDIVISION LOT PLAN SIGN

A sign depicting the lot plan of a subdivision.

SUBDIVISION SIGN

An attached or freestanding sign identifying a residential, commercial or industrial subdivision.

TEMPORARY SIGN

A sign that by design, usage or material is not intended for long-term use.

TIME AND TEMPERATURE SIGN

A sign or portion thereof which is designed to illustrate the current time and temperature.

UNDER-CANOPY SIGN

A directional sign suspended beneath a canopy, ceiling, roof or marquee.

VENDING MACHINE SIGN

A sign identifying the contents of an exterior vending machine which dispenses beverages, food, candy, etc., or identifies a service provided by the machine. For the purposes of this bylaw section, telephone booths and newspaper boxes are excluded.

WALL SIGN

A sign attached parallel to or painted on the wall of a building.

WINDOW

An opening in a wall or door of a building which allows the admission of light and/or air which is enclosed by a frame which may separate it from other windows.

WINDOW SIGN

Any sign which is displayed on or outside of or inside of the glass of a window with the primary purpose being that the sign's message will be seen from the exterior of the building. The word glass when used in this section shall mean glass or any other transparent medium.

YARD, BARN, GARAGE SALE SIGN

A sign advertising a yard, barn or garage sale.

ZONING DISTRICTS

Districts described in the Town of Yarmouth Zoning Bylaw, as amended.

303.3

General Regulations.

303.3.1

Prohibited Signs. Pennants, balloons, aerially supported devices, electronic message centers (unless specifically stated otherwise), quills/feathers, or any other sign not specifically allowed, are prohibited in all districts.

303.3.2

Electronic message centers: Signs allowed to display electronic messages are limited to the following uses and sizes only. All electronic messages must be contained within the allowed sign area.

To denote the time, date or temperature, maximum character height of 12 inches and area of twelve (12) square feet. The electronic message shall be static except messages can change as needed to denote accurate time, date or temperature. The electronic message may also toggle between time, date and temperature at reasonable intervals that do not cause a flashing effect or result in traffic safety hazards.

Community Information Boards (CIBs) may include electronic messages. The maximum area of the electronic message is twenty-eight (28) square feet. The electronic message can change as needed to provide updated community information, and may include screen changes and scrolling.

Gas Station Pricing:

Free-standing signs for gas stations may include electronic messages for up to two gas prices with a maximum character height of twelve (12) inches and a maximum combined area of ten (10) square feet.

Gas pumps may have electronic messages on top of the pumps to denote gas prices only for up to four different gas types in a single row with a maximum character height of 8".

The electronic messages shall be static except messages can change as needed to provide updated gas prices.

303.3.3

Flags. Up to three (3) governmental flags per premises will be allowed. One additional flag indicating 'open', seasons, or community theme is allowed.

303.3.4

Movement or Moving Parts. No sign shall move, contain any moving parts, or give the appearance of motion due to flashing or intermittent light, except portions of a sign which include electronic message centers per Section 303.3.2 and as limited thereby.

303.3.5

Colors. No sign shall contain colors which are fluorescent, luminescent, or "day-glo" paints.

303.3.6

Off-Premises Signs. Except as indicated in Sections 303.4.1 and 303.4.2 below, no off-premises signs will be allowed.

303.3.7

Traffic Safety. No sign shall be erected in such a way as to create a traffic hazard as determined by the Building Commissioner.

303.3.8

Support by Utility Poles or Vegetation. No sign will be allowed to be attached to a utility pole, light pole, tree, vegetation, or other similar vertical surface, excepting that Roadway Banners may be attached to utility poles or light poles in accordance with policies and procedures adopted by the Board of Selectmen.

303.3.9

Vehicles. No truck or other vehicle shall be used exclusively or primarily as a sign. All other vehicles bearing signs must be registered, insured, and inspected.

303.3.10

Illumination. Signs illuminated with exposed neon or gas filled tubes will not be allowed, except as provided in section 303.5.3. No illumination will be allowed that conflicts with the ability to readily see traffic lights or causes any hazardous traffic safety conditions. No sign illumination will be allowed that casts direct light or glare on abutting or other neighboring premises.

303.3.10.1

Strings of Lights. Decorative strings of lights or other seasonal style lights associated with the winter holiday season will be allowed only between the tenth (10th) of November and the twenty-eighth (28th) of February. Except for these seasonal lights, no blinking lights will be allowed.

303.4

Signs Allowed In All Zoning Districts.

303.4.1

Temporary Signs. Only the following types of temporary signs will be allowed:

303.4.1.1

Religious, Civic and Non-profit Organizations. On premises temporary signs will be allowed to advertise fundraising and special events. Signs must meet the size, duration and other requirements outlined in the Selectmen's Fundraising/Special Event Sign Policy. Off-premises temporary signs to promote special events may be allowed as described in the Selectmen's Fundraising/Special Event Sign Policy. A permit from the Building Commissioner is required, but no fee will be charged.

303.4.1.2

Special Event Signs for Temporary Outdoor Recreation: One on premises Special Event Sign may be allowed for events meeting the definition of Temporary Outdoor Recreation that are to be located on Town owned Land and for which approval has been obtained through application to the Town Administrator's office for Use of Town-Owned Property. Signs must meet the size, duration, and other requirements outlined in the Selectmen's Fundraising/Special Event Sign Policy. Off premises temporary signs to promote special events may be allowed as described in the Selectmen's Fundraising/Special Event Sign Policy. A permit from the Building Commissioner is required, but no fee will be charged.

303.4.1.3

Commercial. A business will be allowed not more than one additional temporary sign annually for the purpose of advertising a grand opening, anniversary sale, or other special commercial event. Signs which exceed eighteen (18) square feet in area will not be allowed. Temporary signs may be displayed for up to fourteen (14) consecutive days and may apply for one renewal. The location of temporary signs must be approved by the Building Commissioner. A permit from the Building Commissioner is required and a fee will be charged.

303.4.1.4

Real Estate Signs. One (1) sign shall be allowed pertaining to the lease, sale or availability for occupancy of the lot or building on which it is located. Real estate signs will not exceed six (6) square feet in area. All real estate signs must be removed within seven (7) days after the conveyance or lease of the property. Real estate signs shall be exempt from the setback requirements of section 303.5.4 of this code, except that they may not be displayed in a manner which interferes with public safety in the opinion of the Building Commissioner. If due to topographic conditions a property abuts a public waterway or public golf course a second sign may be allowed providing the two signs are erected on parallel property boundaries separated by no less than 75 feet. No permit or fee is required.

303.4.1.4.1

Off-Premise Real Estate. Open House signs may be displayed from 10:00 a.m. to 4:00 p.m. on Saturdays, Sundays and holidays. All such signs must be placed on private property with permission of the owner. Only two such signs will be allowed to be displayed for any property for sale or lease. Only one such sign will be allowed to be displayed on any one lot. Such signs will not exceed six (6) square feet in area. No permit or fee is required.

303.4.1.5

Political Signs. Political signs may be placed on private property with permission of the property owner. No permit or fee is required.

303.4.1.6

Residential Construction site sign. One (1) sign for each trade or service (including financing and design) shall be allowed when a contractor is actively working at any site for either new construction, renovations, landscaping, painting or other work requiring permits, people and equipment. Each sign must be removed when the relevant work is completed, or for new construction, 7 days after a certificate of occupancy issued. Each sign shall not exceed six (6) square feet in size and must be located on the property where the work is being performed. These signs will not require permits or fees. No more than five signs are allowed at one time.

303.4.1.7

Commercial construction site sign. One (1) sign detailing all trade or service contractors (including financing and design) working at any commercial site for new construction, renovations, or work requiring permits, people and equipment. The one (1) sign must be removed seven (7) days after the issuance of a certificate of occupancy. The sign shall not exceed thirty two (32) square feet in size and must be located on the property where the work is being performed. No permit or fee is required.

303.4.1.8

Mobile Food Vendors. Mobile Food Vendors may have one (1) sandwich board or A-frame sign not to exceed six (6) square feet in area. Such signs shall not cause safety issues or impeded visibility or access for vehicles or pedestrians; and may not be installed within the layout of public roads or on sidewalks, or within two (2) feet of the traveled surface of any road. The sign may only be displayed when the mobile food vendor is open for business. This temporary sign is in addition to other permanent signs allowed. Permit and fee is required.

303.4.2

Off-Premise Signs.

303.4.2.1

Slat/Ladder-Type Public Information Signs. Signs on ways erected as a public convenience shall require a permit, to be issued by the Building Commissioner, in accordance with M.G.L. Ch. 85, Sect. 8. Design shall be as outlined in the Selectmen's Slat/Ladder Sign Policy and will include only the identification of the business. Slat/Ladder- type signs shall be placed at locations approved by the Town of Yarmouth Department of Public Works. Annual fees shall be determined by the Selectmen.

303.4.2.2

Service clubs and religious, charitable and civic organizations' signs providing information on the location or time of meetings will be allowed in locations approved by the Building Commissioner. Such signs will not exceed four (4) square feet in area. A permit is required but no fee will be charged.

303.4.2.3

Public Service Signs. Signs erected to acknowledge the providers of a public service, to acknowledge a donation, or to promote a public service activity (e.g., Neighborhood Crime Watch, Conservation Trust, Community Preservation Committee acquisitions) will be limited to a maximum size of three (3) square feet. Benches donated to the Town to serve at bus stops on Town or Regional Transportation Authority bus routes, or for other town uses, may have one acknowledgment to the donor (Donated by _____) or a memoriam (In Memory of _____) on the front of the bench, on one slat. The acknowledgment may not exceed the length of one back slat, nor exceed 1.5 square feet in area. Lettering is not to exceed 2 inches in height. Benches must be approved by the Department of Public Works for use. Only one sign per site, or per bench, will be allowed. A permit is required but no fee will be charged.

303.4.2.4

Community Information Board (CIB) — CIBs shall be allowed on municipally owned property for the purpose of public education of events and activities of a non-commercial nature or for Special Events for Temporary Outdoor Recreation per Section 303.4.1.2. The sign shall not exceed thirty two (32) square feet and may contain a National/Regional Advertising Emblem indicating the donor of the CIB sign. The Emblem is not to exceed 3 square feet, or 20 percent of the gross area of the CIB, whichever is less. A maximum of three (3) CIBs, at any one time, shall be permitted in the Town of Yarmouth. For the purpose of this Bylaw, a CIB shall not be considered as a second freestanding sign.

303.4.2.5

Adopt-a-Landscape Signs. Signs erected to denote the provider of landscaping or streetscape services to a designated Adopt-a-Landscape area. Areas must be designated by the Department of Public Works for inclusion in the program. The provider of service must agree to a maintenance schedule to remain eligible for a sign. Adopted areas up to 200 square feet may have one sign with a maximum size of three (3) square feet, areas between 200 and 500 square feet may have up to two signs with a combined maximum size of six (6) square feet, areas over 500 square feet may have up to two signs with a combined maximum size of eight (8) square feet. No sign may exceed thirty-six (36) inches in height.

If two signs are installed they must be a minimum of ten feet apart facing different directions. Sign design must conform to standards determined by the Department of Public Works.

303.4.2.6

Gateway Sign. Gateway Signs may be erected on property designated by the Board of Selectmen as an official town or destination gateway. Signs may not exceed 24 square feet.

303.5

Signs Allowed Only In B1, B2 And B3 Zones and the VCOD. See Section 414.8.11 (Signage) for supplemental regulations specific to development under Section 414, VCOD.

303.5.1

Unlettered Sculptures. Unlettered sculptures must be located a minimum of thirty (30) feet back from the front property line. They must not exceed a maximum of twelve (12) feet in height or eight (8) feet in length in any horizontal direction. Sculptures may be illuminated at night with spotlights providing the lighting does not cause a safety hazard or disturbance to abutters.

303.5.2

On-premise Directional Sign. On-premise Directional signs will be allowed only where needed for directing the flow of traffic within the property. These signs must not exceed two (2) square feet in area and may not include any advertising other than a logo incidental to the directions being given. They shall be included on the permit for other signs of a business, or a separate permit shall be required. No fee will be charged.

303.5.3

Window Signs.

The word glass when used in this section shall mean glass or any other transparent medium.

No window sign shall be displayed in the lower fifty percent (50%) of the glass of a window. The lower fifty percent (50%) of a window is defined as the glass which is below a horizontal line drawn half way between the bottom and top of the glass. This limitation shall apply only to window signs displayed in windows located within the ground floor of a building. This limitation is imposed to enhance public safety.

Only one (1) window sign is allowed to be displayed in each window.

No window sign will exceed in size twenty five percent (25%) of the total glass square footage of the window in which the sign is displayed.

Window signs may be constructed of any material including exposed gas filled tubes subject to the limitations of the following paragraph.

Limitations on window signs which are constructed totally or in part with exposed visible gas filled tubes:

This type of window sign will be allowed only in the B2 district.

This type of window sign will not be allowed unless all signs advertising the business, which wishes to display this type of window sign, are in compliance with all of the applicable sign regulations contained within section 303 of this zoning bylaw.

This type of window sign will not exceed nine (9) square feet in size.

Only two (2) of this type of window sign shall be allowed in the building area occupied by the business wishing to display this type of window sign.

303.5.4

Free Standing Signs.

303.5.4.1

Singly Occupied or Co-branded Business Location. One free standing sign per business property having a maximum face area of twenty four (24) square feet with a maximum face height or width of eight (8) feet will be allowed. In the case of double faced signs only one sign will be counted for measurement. All advertising or lettering shall be contained within the face of the sign. No advertising, lettering, or internal illumination shall be allowed on the posts, pillars, arms, or other supporting structure with the exception of street numbers. No part of the sign shall be more than twelve (12) feet in height above the average natural grade at the street. All parts of this type of freestanding sign shall have a minimum 6' setback from any property line.

303.5.4.2

Business Centers. A business center may have only one (1) free standing sign, not exceeding twenty four (24) square feet in area, with the advertising area divided among the business enterprises or identifying the business center name or both, with a maximum face height or width of eight (8) feet will be allowed. No part of the sign shall be more than twelve (12) feet in height above the average natural grade at the street. All parts of this type of freestanding sign shall have a minimum 6' setback from any property line. For Business Centers housing three or more tenants and a minimum of 20,000 square feet of retail/office space, the center may have a 48 square foot sign with a minimum setback of 12 feet. If a Business Center eligible for the 48 feet free standing sign has more than 1000 feet of frontage it may choose to divide the sign into two separate 32 square foot signs provided they meet 50 foot sideline setbacks and are separated by a minimum of 300 feet.

303.5.4.3

Business Centers - Conformity. In each business center all freestanding signs will conform to each other as far as, material of construction, color, background and general style. All free standing business center signs must have one light, neutral colored background for the entire business center sign. Neutral colors shall be white, off-white, light grey or light tan. Each tenant sign must have the same light, neutral colored background as the business center sign, and may have up to three (3) foreground colors. Black will be considered a color when determining the number of foreground colors allowed. White will be considered a color for background, but not a color for foreground. For example, a single tenant sign with light blue, dark blue, white and black foreground colors will be considered to have three foreground colors for the purpose of meeting the color requirement.

303.5.4.4

Street Numbers. All free standing street signs for a property shall include the street number of the property in a contrasting color with a minimum height of 3" and maximum height of 5" in a visible location on the sign. The numbers may be located outside the sign area on supporting framework or molding and will not be included in the calculation of sign area.

303.5.4.5

Drive-Through Menu Board: Food service businesses that have a drive-through window, may have one additional single sided freestanding drive-through menu board of a maximum size of sixty-six (66) square feet, a maximum face height or width of ten (10) feet, and no part of the sign more than twelve (12) feet above the average grade at the sign location. All advertising or lettering shall be contained within the face of the sign. This sign shall be directed to drive-through traffic where the order is to be placed and shall be screened from view from the street.

303.5.4.6

General. Any property seeking to increase the size of an existing free standing sign must meet all other requirements of section 303, including setback requirements. Increasing the size of an existing sign may not be done through the addition of hanging or attached riders. An existing sign may be expanded if similar materials, style and colors are used on the expansion and the overall resulting sign appears to be a single, cohesive sign.

303.5.4.7

All business information shall be contained within the allowed sign area, including information related to vacancy/no vacancy, open/closed, or visa/mastercard accepted. Hanging or attached riders are not allowed.

303.5.5

Attached Signs.

303.5.5.1

Attached Signs. Attached signs will not extend above or beyond the roof ridge line on the building. No portion of the sign may rise above a point higher than 35 feet.

303.5.5.2

Singly Occupied or Co-branded Business Location. Two (2) single face signs per establishment may be attached to opposite or perpendicular walls of a building. The height of attached signs will not exceed two (2) feet. The length will not exceed one-third (1/3) of the length of the wall of the building to which the sign is affixed. In no instance is the square footage to exceed sixty (60) square feet per sign.

303.5.5.3

Business Centers - Attached. All sections of 303.5.5.2 will apply except that only one attached sign per business will be allowed and no sign shall be longer than one third (1/3) of the length of the building occupied by that business. If a business in a business center has a rear or side public entrance, a secondary attached sign, no larger than four (4) square feet shall be allowed at said entrance.

303.5.6

Location for Attached Signs. All parts of attached signs shall have a minimum 6' setback from any property line.

303.5.7

Menu and Directory Signs. One (1) sign which displays a restaurant's menu or which lists the businesses which are located within a building will be allowed in addition to any other signs allowed by this zoning bylaw. This type of sign must be attached to the exterior of the building and be located in close proximity to the main entrance of the restaurant or building. This type of sign will not exceed three (3) square feet in size. This type of sign will not require permits or fees.

303.5.8

Vending Machine Signs. Exterior vending units may have up to 72 square inches of signage. No vending machine may be located further than six (6) feet from the property's principle building. No more than two machines may be visible from the street.

303.5.9

Commercial Real Estate Signs. Commercially zoned properties with pre-existing free standing signs or attached signs, may utilize the full area of one sign for the purpose of marketing the lease, sale, or occupancy of the lot or building on which it is located. No permit or fee is required.

303.6

(Reserved)

303.7

Residential Zoning Districts.

303.7.1

Allowed Businesses. Businesses allowed in a residential zoning district as a preexisting nonconforming use, or by the Board of Appeals special permit or variance shall conform to sections of this bylaw applicable to commercial signs in B1, B2, and B3 zones.

303.7.2

Subdivisions. Subdivision signs shall not be larger than twelve (12) square feet and shall conform to all the requirements set forth for signs in B1, B2, and B3 zoning districts, except that subdivision signs may, with Yarmouth D.P.W. approval, be located within a road layout.

303.7.3

Signs for Residences. Single family and two family dwellings will be allowed one Residential Decorative Sign per dwelling unit showing the name of the residence. The sign may not exceed 6 square feet.

303.8

Permit Process.

303.8.1

No sign, except those indicated in Section 303.8.3, will be erected or altered without a sign permit issued by the Building Commissioner. All permitted signs shall be identified by a code number issued by the Building Commissioner. A fee will be charged on application for a permit for installation of new signs as per Section 303.8.5 below. A permit shall be granted if a sign is in compliance with these regulations. Permits will be required for temporary as well as permanent signs.

303.8.2

Any person aggrieved by the refusal of the Building Commissioner to issue a permit under the provision of this bylaw may appeal to the Board of Appeals. The Board of Appeals will hold a public hearing and render a decision accordingly to the procedure of the Zoning Bylaw for appeals of refusal to grant a building permit.

303.8.3

Signs not requiring permits. Temporary Real Estate signs, Political signs, Residential Construction site sign, Commercial Construction site sign, Roadway Banners, Menu and Directory Signs, Commercial Real Estate sign, signs indicating the name of the occupant of a dwelling, other Residential Decorative Signs, any sign erected by any governmental agency to promote traffic safety, and window signs, except as required by section 303.5.3, shall not require a permit.

303.8.4

Transfer of Permits. Transfer of permits from one business owner to another will be allowed. When there is a change in ownership of a business, the new owners of a business must request the transfer of the permits for signs.

303.8.5

Fees. Fees for sign permits shall be determined by the Board of Selectmen. No fee is required for signs not requiring permits per Section 303.8.3, accessory signs, Public Service signs, On-premises Directional signs, and temporary and off-premise signs for religious, civic and nonprofit organizations or for Special Event Signs for Temporary Outdoor Recreation.

303.9

Measurement. Measurement of sign area shall be by standard geometric methods. In cases where this is not possible, the area shall be determined within straight lines encompassing the face of the sign. Cut-out letters shall be allowed as an attached sign whose area shall be measured within the intersections of lines extended from the extreme edges of the lettering.

303.10

Maintenance and Safety.

303.10.1

All signs and their supporting structures must be kept properly maintained, repaired and in proper condition as determined by the Building Commissioner. If the Building Commissioner finds that a sign is unsafe or otherwise improperly maintained, he shall issue a written notice to the permit holder and the property owner informing him of how the situation must be corrected.

303.10.2

If the specified conditions are not corrected within three (3) business days (or 30 days for non-safety related issues) of receipt of the written notice, the permit holder will be liable for penalties prescribed under this bylaw.

303.10.3

Abandoned Signs. When the Building Commissioner determines that a sign(s) is abandoned, as defined by this bylaw, he will notify the property owner of said determination and request that the abandoned sign(s) be removed. The property owner will have thirty (30) business days after the receipt of the request to remove said sign(s). Failure to remove the abandoned sign(s) within the thirty day period shall subject the property owner to all penalties prescribed under this bylaw. This section of the Zoning Bylaw is not intended to abridge any property right(s) granted by Massachusetts General Laws, chapter 40A, section 6.

303.11

Violations.

303.11.1

Definition. Any deviation from the foregoing rules constitutes a violation of this bylaw. Violators must be given written notification of any violations.

303.11.2

Fines for Permanent and Temporary Signs. Any violator of any of the provisions of this bylaw will be given three (3) business days for correction of the defect or removal of the offending permanent sign, and one (1) working day for correction of the defect or removal of an offending temporary sign. If correction is not made in the allowed time, the owner will be fined fifty dollars ($50) per day for the first seven (7) days and two hundred fifty dollars ($250) per day thereafter. Violations of display of signs will be cumulative with consecutive violations accruing fines as outlined above.

303.12

Nonconforming Signs. Lawfully pre-existing Nonconforming signs may be maintained, but may not be enlarged or redesigned or altered in any way, except to conform to the requirements of this bylaw. Any such sign which has deteriorated to such an extent that the cost of restoration would exceed thirty-five percent (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 bylaw. A nonconforming sign may be reworded, provided that the new wording continues to advertise goods and/or services of the same type as those displayed prior to the change. Any exemption provided in this section shall terminate with respect to any sign which:

shall have been abandoned;

shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Building Commissioner.

303.13

Relief. Relief from the requirements of sections 303.3.10, 303.5.4.2, 303.5.4.3, 303.5.5.2 and 303.5.5.3 may be granted by the Board of Appeals by special permit, provided the Board finds, in addition to the requirements of section 103.2, that the relief requested meets the spirit and intent of this bylaw. All other relief shall be in the form of a variance, as provided in section 102.2.2.

The validity of any section in this bylaw does not effect the validity of any other section of the bylaw.