The provisions of this article establish the
comprehensive regulations, conditions and limitations under which
signs are permitted in the Town of Barnstable. It is intended that
these regulations shall be held to be the minimum regulations necessary
for the protection of the visual environment of the Town and the public
safety, convenience and welfare and shall be narrowly construed and
strictly applied in favor of the public interest to those ends.
As used in this article, the following terms
shall have the meanings indicated:
A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product or activity and/or for which
no legal owner can be found.
Any sign which uses movement or change of lighting to depict
action or to create a special effect or scene.
(See § 240-62 herein).
A sign made of fabric or any nonrigid material with no enclosing
framework.
(See "off-premises sign.")
The Building Commissioner of the Town of Barnstable or his
designee.
A sign affixed to and wholly supported by an exterior wall
of a building or structure.
An off-premises sign intended to direct the motoring public
to specific commercial areas only, and not to include individual businesses.
A wall-mounted sign attached to or constructed on the face
of a permanent roofed structure covering an area customarily used
for pedestrian circulation.
A sign that is designed so that characters, letters or illustrations
can be changed or rearranged either manually or automatically without
altering the face or the service of the sign.
A temporary sign identifying an architect, contractor, subcontractor,
material supplier or others participating in the construction on the
property on which the sign is located.
Illumination by means of an external source.
An on-premises sign identifying a premises or activity conducted
upon such premises, and providing direction for the safe and efficient
flow of vehicular or pedestrian traffic to such activity or premises.
Directional signs shall include signs marking entrances, exits, parking
areas, loading areas or other operational features of the premises.
(See "abandoned sign.")
A sign with two faces or panels, neither of which is visible
at the same time and are directly back to back as opposed to a V-shaped
sign.
A sign on which the copy changes automatically on a lampbank
or through mechanical means, e.g., electrical or electronic time-and-temperature
units.
A sign whose illumination is derived entirely from an external
artificial source.
The entire building front, including the parapet.
A sign which contains an intermittent or sequential flashing
light source used primarily to attract attention. This does not include
changeable-copy signs, animated signs or signs which, through reflection
or other means, create an illusion of flashing or intermittent light.
(Compare "animated sign.")
A sign supported upon the ground by poles or braces and not
attached to any building.
The length of the property line of any one premises along
a public right-of-way on which it borders.
Any temporary or permanent sign erected and maintained by
the Town, county, state or federal government for traffic direction
or for designation of or direction to any school, hospital, historic
site or public service, property or facility.
The vertical distance measured from the highest point of
the sign to the average ground grade beneath the sign.
A sign whose copy is limited to the name and address of the
building, institution or person and/or activity or occupation being
identified.
A sign which does not meet the requirements of this chapter
and which has not received legal nonconforming status.
Illumination by means of a concealed light source, whereby
all incandescent or fluorescent devices are shielded from view by
opaque or translucent materials, and including reflected lighting.
Illumination by means of a light source completely enclosed
by the sign panel(s).
(See "flashing sign.")
[1]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.
The menu normally presented at tableside.
Signs containing more than two faces or panels.
A neon sign is made of glass tubes filled with an inert gas,
such as neon or argon, electrified to produce illumination. This provision
is an exception to § 240-24.1.10A(6).
[Added 6-20-2013 by Order No. 2013-133]
Sign which was erected legally, but which does not comply
with subsequently enacted regulations.
A sign structure advertising an establishment, merchandise,
service or entertainment which is not sold, provided, manufactured
or furnished at the property on which said sign is located, e.g.,
"billboards," "outdoor advertising" or "off-site signs."
A sign which pertains to the use of the premises on which
it is located and maintained.
A sign indicating whether a business is open or closed. A
business in the HVB may display a neon open/closed sign, as defined
herein, indicating whether it is open or closed. Open/closed signs
are not counted towards the amount of signage allowed.
[Added 6-17-2010 by Order No. 2010-123; amended 6-20-2013 by Order No.
2013-133]
A temporary sign to be displayed only for real estate open
house events staffed by real estate professionals such as brokers
or agents. Such directional signs shall not exceed 24 inches by 24
inches in size, may be two-sided and shall display a directional arrow
in addition to any other sign display.
[Added 5-5-2011 by Order No. 2011-046]
A temporary sign to be displayed only for real estate open
house events where real estate professionals such as brokers or agents
are present at the open house. Such signs shall not exceed 24 inches
by 24 inches in size and may be two-sided A-frame or panel signs.
[Added 5-5-2011 by Order No. 2011-046]
A sign which is applied with paint or similar substance on
the face of a wall; such sign shall be considered a wall sign for
calculation purposes.
Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building.
For the purposes of this Article VII, a private way shall be considered a public way. (See "public way.")
A sign other than a flat wall sign which is attached to and
projects from a building wall or other structure not specifically
designed to support the sign and is not parallel to the structure
to which it is attached.
Any sign intended exclusively to promote items of general
interest to the community, such as time, temperature, date, atmospheric
conditions, news or travel control.
Any roadway over which everyone has rights to pass, including
Town ways and private ways.
A temporary sign advertising real estate upon which the sign
is located as being for rent, lease or sale.
Any sign erected upon a roof and wholly or partially supported
by the sign structure placed upon the roof.
Any sign or device which has any visible moving part, visible
revolving part, or visible mechanical movement but not including methods
of changing copy.
Any permanent or temporary structure, light, letter, word,
model, banner, pennant, insignia, trade flag, representation or any
other device which is used to advertise, inform or attract the attention
of the public and which is designed to be seen from outside a building,
including all signs in windows or doors but not including window displays
of merchandise.
A temporary sign advertising or pertaining to any civic,
patriotic or special event of general public interest taking place
within the Town.
Any banner which is stretched across and hung over a public
right-of-way.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex or residential development.
A sign not constructed or intended for long-term use.
A three-dimensional representation of a business that is
used to indicate the type of merchandise or services offered by the
business. Trade figures or symbols shall be still and silent. Business
trade figures are not counted towards the amount of signage allowed.
[Added 6-17-2010 by Order No. 2010-123]
|
Trade Figure or Symbol Example Butcher Shop
|
|---|
 |
Any sign consisting of lightweight fabric that is affixed
to a pole displaying letters, designs or icons exemplary of the business
displaying the flag. Such images shall be consistent with the historical
heritage and character of village or neighborhood in which it is displayed.
[Added 6-17-2010 by Order No. 2010-123; amended 5-5-2011 by Order No.
2011-047]
A directional sign suspended beneath a canopy, ceiling, roof
or marquee.
A sign with two faces or panels not supported by one common
structural member and which faces are not back-to-back.
A sign attached parallel to and extending not more than 18
inches from the wall of a building, including painted signs, individual
lettered signs, cabinet signs and signs on a mansard.
A sign installed inside a window and intended to be viewed
from the outside.
[1]
Editor's Note: The definition of "location hardship sign,"
added 6-17-2010 by Order No. 2010-123, which immediately followed,
was repealed 11-7-2019 by Order No. 2020-020.
The following signs shall be expressly prohibited
in all zoning districts, contrary provisions of this chapter notwithstanding:
A.
Any sign, all or any portion of which is set in motion by movement, including pennants, banners or flags, with the exception of trade flags pursuant to § 240-72 and at the entrance to subdivisions where developed and undeveloped lots are offered for initial sale and official flags of nations or administrative or political subdivisions thereof.
[Amended 6-17-2010 by Order No. 2010-123; 5-5-2011 by Order No.
2011-046; 5-5-2011 by Order No. 2011-047]
B.
Any sign which incorporates any flashing, moving or
intermittent lighting. Such signs include LED (light emitting diode)
signs; LED border tube signs, including any sign that incorporates
or consists solely of a LED border tube lighting system; and simulated
neon signs which are extremely bright backlit signs using fluorescent
lamps and neon colored inks or translucent vinyl for lettering and
display.
[Amended 6-17-2010 by Order No. 2010-123]
C.
Any display lighting by strings or tubes of lights,
including lights which outline any part of a building or which are
affixed to any ornamental portion thereof, except that temporary traditional
holiday decorations of strings of small lights shall be permitted
between November 15 and January 15 of the following year. Such temporary
holiday lighting shall be removed by January 15.
D.
Any sign which contains the words "Danger" or "Stop"
or otherwise presents or implies the need or requirement of stopping
or caution, or which is an imitation of, or is likely to be confused
with any sign customarily displayed by a public authority.
E.
Any sign which infringes upon the area necessary for
visibility on corner lots.
F.
Any sign which obstructs any window, door, fire escape,
stairway, ladder or other opening intended to provide light, air or
egress from any building.
G.
Any sign or lighting which casts direct light or glare
upon any property in a residential or professional residential district.
H.
Any portable sign, with the exception of A-frame signs
expressly permitted herein, including any sign displayed on a stored
vehicle, except for temporary political signs.
[Amended 6-17-2010 by Order No. 2010-123; 11-7-2019 by Order No.
2020-020]
I.
Any sign which obstructs the reasonable visibility
of or otherwise distracts attention from a sign maintained by a public
authority.
J.
Any sign or sign structure involving the use of motion
pictures or projected photographic scenes or images.
K.
Any sign attached to public or private utility poles,
trees, signs or other appurtenances located within the right-of-way
of a public way.
L.
A sign painted upon or otherwise applied directly
to the surface of a roof.
M.
Signs advertising products, sales, events or activities
which are tacked, painted or otherwise attached to poles, benches,
barrels, buildings, traffic signal boxes, posts, trees, sidewalks,
curbs, rocks and windows regardless of construction or application,
except as otherwise specifically provided for herein.
N.
Signs on or over Town property, except as authorized
by the Building Commissioner for temporary signs for nonprofit, civic,
educational, charitable and municipal agencies.
O.
Signs that will obstruct the visibility of another
sign which has the required permits and is otherwise in compliance
with this chapter.
P.
Off-premises signs except for business area signs
as otherwise provided for herein.
Q.
Any sign, picture, publication, display of explicit
graphics or language or other advertising which is distinguished or
characterized by emphasis depicting or describing sexual conduct or
sexual activity as defined in MGL Ch. 272, § 31, displayed
in windows, or upon any building, or visible from sidewalks, walkways,
the air, roads, highways, or a public area.
A.
The area of the sign shall be considered to include
all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed.
B.
The area of signs painted upon or applied to a building
shall include all lettering, wording and accompanying designs or symbols
together with any background of a different color than the finish
material or the building face.
C.
When a sign consists of individual letters or symbols
attached to or painted on a surface, wall or window, the area shall
be that of the smallest rectangle which encompasses all of the letters
and symbols.
D.
Only one side of a double-faced sign shall be counted
in computing the area of that sign.
E.
For the purposes of these regulations, the area of
a building face or wall shall be calculated by using a height of no
more than 10 feet from the ground multiplied by the width of the building
front.
[Amended 2-20-1997]
In residential districts, only the following
signs are permitted:
A.
One sign displaying the street number and identifying
the premises not to exceed two square feet in area. The street number
must be approved by the Engineering Department in conformance with
the Town's regulations governing numbering of buildings.[1]
B.
One sign no larger than four square feet in area shall
be allowed which displays the name of the house or the name of the
family residing therein.
C.
One sign not to exceed two square feet in area shall
be permitted for a professional office or home occupation for which
a special permit or variance has been granted by the Board of Appeals.
D.
One temporary sign not to exceed four square feet
in area advertising property for sale, lease or rent. Such signs must
be removed within 10 days of transfer of title or signing of lease
or rental agreement.
E.
Where a legal nonconforming business exists within
a residential district, one sign may be permitted by the Building
Commissioner if it is determined that the appearance, placement, size
and lighting of the proposed sign will not be detrimental to the residential
character or visual quality of the area. In no instance shall such
signs exceed eight feet in height or eight square feet in area.
F.
Permits may be posted at construction sites as required
by state or Town regulations, except that in no instance shall they
be attached to trees or utility poles.
G.
One identification sign not to exceed 12 square feet
in area may be permitted at any public entrance to a subdivision or
multifamily development.
H.
Illuminated signs within residential zones require
the approval of the Building Commissioner, and may be permitted if
the applicant can demonstrate that the proposed illumination will
not intrude upon adjacent residential areas, will not be illuminated
except during actual hours of business, and will not cause traffic
hazards.
I.
One identifying sign for lodging houses, bed-and-breakfast
or similar identification not to exceed four square feet in area.
[Amended 7-14-2005 by Order No. 2005-100; 2-2-2023 by Order No. 2022-145]
[Amended 8-15-1991; 7-15-1999; 6-20-2013 by Order No.
2013-133; 4-17-2014 by Order No. 2014-047; 4-27-2017 by Order No. 2017-100; 2-2-2023 by Order No. 2022-145]
A.
Each business may be allowed a total of two signs.
B.
The maximum height of any freestanding sign will be
10 feet, except that a height of up to 12 feet may be allowed by the
Building Commissioner if it is determined that the additional height
will be in keeping with the scale of the building and will not detract
from the appearance or safety of the area and will not obscure existing
signs that conform to these regulations and have a Town permit.
C.
The area of all signs for each individual business
establishment shall not exceed 10% of the area of the building facade
associated with the business establishment that contains the establishment's
primary customer entrance or 100 square feet, whichever is the lesser
amount. In instances where multiple business establishments share
a customer entrance on the same facade, the total square footage for
all signs of all business establishments attached to each facade shall
not exceed 10% of the total area of the facade associated with the
business establishments that contains the establishments' shared customer
entrance or 100 square feet, whichever is the lesser amount.
D.
Only one freestanding sign is allowed per business,
which may not exceed half the allowable size as permitted in this
section.
E.
One projecting overhanging sign may be permitted per
business in lieu of either a freestanding or wall sign, provided that
the sign does not exceed six square feet in area, is no higher than
10 feet from the ground at its highest point and is secured and located
so as to preclude its becoming a hazard to the public. Any sign projecting
onto Town property must have adequate public liability insurance coverage,
and proof of such insurance must be provided to the Building Commissioner
prior to the granting of a permit for such sign.
F.
Incidental business signs indicating the business,
hours of operation, credit cards accepted, business affiliations,
"sale" signs and other temporary signs shall be permitted so long
as the total area of all such signs does not exceed four square feet
and is within the allowable maximum square footage permitted for each
business.
G.
When a business property is located on two or more
public ways, the Building Commissioner may allow a second freestanding
sign, so long as the total square footage of all signs for a single
business does not exceed the provisions of this section.
H.
When two or more businesses are located on a single
lot, only one freestanding sign shall be allowed for that lot, except
as provided in this section, in addition to one wall or awning sign
for each business. If approved by the Building Commissioner, the one
freestanding sign can include the names of all businesses on the lot.
I.
One awning or canopy sign may be permitted per business
in lieu of the allowable wall or freestanding sign, subject to approval
by the Building Commissioner.
J.
In addition to the allowable signs as specified in
this section each restaurant may have a menu sign or board not to
exceed three square feet.
K.
In lieu of a wall sign, one roof sign shall be permitted
per business, subject to the following requirements:
[Added 6-20-2013 by Order No. 2013-133]
A.
Business identification signs.
(1)
Each business establishment is allowed two signs.
(2)
The area of all signs for each individual business establishment
shall not exceed 10% of the area of the building facade associated
with the business establishment that contains the establishment's
primary customer entrance or 100 square feet, whichever is the lesser
amount.
(3)
In instances where multiple business establishments share a
customer entrance on the same facade, the following requirements shall
apply:
(a)
The total square footage for all signs of all business establishments
attached to each facade shall not exceed 10% of the total area of
the facade associated with the business establishments that contains
the establishments' shared customer entrance or 100 square feet, whichever
is the lesser amount.
(b)
In instances where a building facade with a shared customer
entrance does not have a ground-floor window belonging to each and
all business establishments within the building, the following additional
requirements shall apply:
[1]
Business establishments with a window on the ground
floor of the building facade that includes a shared customer entrance
shall be allowed one sign attached to that building facade.
[2]
Up to two directory signs shall be allowed for
all businesses within the building. That sign may have multiple panels
for each business tenant within the building. The total size of the
directory sign(s) shall not exceed 20 square feet.
(4)
Additional standards for each sign type. In addition to the number and size limitations of Subsection (A), signs shall be subject to the following requirements. The most restrictive requirement shall apply.
(b)
Projecting signs.
[1]
The maximum size of a projecting sign shall not
exceed six square feet.
[2]
The sign may be double-faced.
[3]
The bottom of a projecting sign shall be a minimum
of 8 feet from grade and the height of the projecting sign shall not
exceed 12 feet where the sign projects over a pedestrian walkway.
[4]
The projecting sign must be secured and located
so as to preclude it from becoming a hazard to the public.
[5]
Each business establishment may only have one projecting
sign on a facade.
[6]
Any sign projecting over Town property must have
adequate public liability insurance coverage. Proof of such insurance
must be provided to the Building Commissioner prior to the granting
of a permit for such sign.
(c)
Roof signs.
(d)
Freestanding signs.
[1]
One freestanding sign is allowed on each lot where
the building is set back a minimum of five feet from the property
line.
[2]
The sign may be double-faced.
[3]
The maximum size and height of freestanding signs
shall be as follows:
[a]
For properties that contain one business establishment,
a freestanding sign shall not exceed four square feet in area and
seven feet in height.
[b]
For properties that contain two or more business
establishments, a freestanding sign shall not exceed eight square
feet in area and 10 feet in height.
[c]
For properties that are located in the portion
of the BA District south of Osterville-West Barnstable Road and north
of Pond Street, a freestanding sign shall not exceed 20 square feet
in area and 12 feet in height.
[4]
When a lot is located on two or more public ways, the Building Commissioner may allow a second freestanding sign, provided the second freestanding sign also conforms to the requirements of Subsection A(4)(d)[3] above.
(e)
Awning signs.
[1]
Signage may be displayed on a maximum of two awnings
per facade per business establishment.
[2]
For the purposes of this section, two awnings with
signage on the same facade shall constitute one sign.
[3]
When a business establishment elects to put signage on two awnings on the same facade pursuant to Subsection A(4)(e)[2] above, that business establishment shall be limited to one of the following additional signs:
[4]
Lettering on an awning sign shall not exceed six
inches in height.
[5]
Any logo, symbol, graphic, or image incorporated
into an awning sign shall not exceed two square feet.
(5)
Special permit for dimensional relief. Within the BA Zoning District, the Special Permit Grant Authority (SPGA) may provide relief subject to the provisions of § 240-125C herein, from the size and dimensional requirements of § 240-65.1A. The grant of any special permit for dimensional relief within the BA District shall require the SPGA to make the following findings:
(a)
There are unique features affecting the property or structure
containing the business establishment that make it distinctly different
in character from other development in the district. Such features
may include, but are not limited to, the visibility of a structure
or primary customer entrance from a public way, the size of the structure
containing the business establishment, orientation of the structure
on the lot, access to the structure, or the number of tenants located
on a single lot.
(b)
The proposed sign is consistent with the visual character of
surrounding neighborhood and the community.
B.
Identification signs. Identification signs shall not count toward the total number of signs allowed for a business establishment in § 240-65.1A.
(1)
Identification signs for secondary customer entrances.
(a)
Each business establishment with a second customer entrance
on a second facade oriented to a public way, parking lot, or publicly
used walkway is allowed one identification sign.
(b)
The area of the sign shall not exceed 5% of the area of the
building facade associated with the business establishment that contains
the establishment's secondary customer entrance or 20 square feet,
whichever is the lesser amount.
(c)
The identification sign shall be limited to either a wall sign, projecting sign, or awning sign, subject to the requirements set forth in § 240-65.1A(4) above.
(d)
The sign shall be attached to the building facade containing
the second customer entrance.
(e)
In instances where the multiple business establishments share a secondary customer entrance, identification signs shall be subject to the requirements of § 240-65.1A(3), except that size limitations of Subsection B(1)(c) above shall apply.
(2)
Identification signs for delivery or service entrances.
(a)
Each business establishment is allowed one identification sign
attached to a building facade oriented to a public way, parking lot,
or publicly used walkway, providing that such facade has a delivery
or service entrance serving that business establishment.
(b)
The identification sign shall be a wall sign located near the
delivery or service entrance.
(c)
The maximum size of an identification sign shall not exceed
two square feet.
C.
Trade signs and temporary signs. These signs shall be permitted in addition to the signs permitted in Subsections A and B above. All trade signs and temporary signs shall be made of high-quality materials and kept clean and properly maintained so as to avoid peeling, rusting or other forms of decay.
(2)
A-frame menu boards.
(a)
A-frame menu boards are permitted for restaurants and other
food service establishments.
(b)
One A-frame menu board sign per establishment is permitted.
(c)
The maximum size of the A-frame menu board shall not exceed
two feet by three feet. The sign may be double-sided.
(d)
The sign must be A-frame style, and the frame must be made out
of solid wrought-iron and may incorporate a chalkboard.
(e)
Where the A-frame menu board is proposed on private property,
proof shall be submitted demonstrating to the satisfaction of the
Building Commissioner that explicit written permission has been given
by the owner of the property proposed for locating the A-frame menu
board.
(f)
Where the A-frame menu board is proposed on Town property, the
following additional criteria shall be met:
(g)
A-frame menu boards may not be used in conjunction with trade
figure/symbols, open/closed signs or menu signs.
(h)
A-frame menu boards must comply with the following performance
standards:
[1]
Shall be secured as necessary so as not to create
nuisance or hazard to pedestrians, motorists or business patrons under
any conditions.
[2]
Shall not obstruct safe passage or impede accessibility
on the sidewalk.
[3]
Shall not obstruct views to another business or
business sign.
[4]
Shall be professionally made and well maintained.
Hand-lettered signs shall not incorporate informal, irregular hand
lettering.
[5]
Shall not be illuminated.
[6]
Shall not have lights, banners, flags or similar
objects placed on or adjacent to the sign.
[7]
Shall be placed on the sidewalk leading to the
public business entrance.
[8]
Shall be removed at the close of business each
day.
[9]
Shall not be displayed outside of business hours.
(3)
Trade figure or symbols.
(a)
One trade figure or symbol per business establishment is permitted.
(b)
The trade figure or symbol shall represent the business and/or
its services and shall be based on historic trade representations.
(c)
Trade figures or symbols shall comply with the following requirements:
[1]
The trade figure or symbol shall be placed at the
public entrance immediately abutting the building front or affixed
to the front facade of the building in which the business is located.
Trade figures or symbols may also be incorporated into a freestanding
sign.
[2]
The maximum size of any trade figure or symbol
shall be three cubic feet.
[3]
The trade figure or symbol shall be secured as
necessary so that it does not create nuisance or hazard under any
conditions to pedestrians, motorists or business patrons.
[4]
The trade figure or symbol shall not obstruct safe
passage or impede accessibility on the sidewalk and shall not obstruct
views to another business or business sign.
[5]
Trade figures or symbols may not be used in conjunction
with A-frame menu boards.
(d)
Proof shall be submitted demonstrating to the satisfaction of
the Building Commissioner that explicit written permission has been
given by the owner of the property proposed for locating the trade
figure or symbol.
(e)
Where the trade figure or symbol is proposed on Town property,
the following additional criteria shall be met:
(4)
Open/closed signs.
(a)
Each business establishment is allowed one open/closed sign
on each building facade oriented to a street or parking lot, providing
that such facade has a customer entrance serving that business establishment.
(b)
The open/closed sign shall either be attached at the customer
entrance, in a display window or door of the building in which the
business is located or attached to a freestanding sign. Open/closed
signs may also be incorporated into a trade figure or A-frame menu
board.
(c)
The maximum size of an open/closed sign shall not exceed 22
inches by 14 inches.
(5)
Incidental business signs.
(a)
Incidental business signs indicating the business, hours of
operation, credit cards accepted, and business affiliations shall
be permitted so long as the total area of all signs does not exceed
one square foot.
(b)
"Sale" signs and other temporary signs shall be permitted so
long as the total area of all such signs does not exceed three square
feet.
(6)
Trade flags. Trade flags are prohibited in the BA District.
D.
Illumination, design and materials.
(1)
No neon or LED signs are permitted in the BA District.
(2)
Internally illuminated signs are prohibited in the BA District.
(3)
The lettering, shape, and color employed in a sign shall be
compatible with the form, color, and materials of the building housing
the business establishment that the sign is identifying. Signs for
different businesses within the same building or for multiple business
establishments in multiple buildings on the same property shall be
of harmonious style and design.
(4)
Wall signs, projecting signs, roof signs, and freestanding signs
shall be made primarily of wood, PVC composite, medium-density or
high-density overlay plywood or HDPE sign board.
The provisions of § 240-65 herein shall apply, except that the total square footage of all signs, while normally not to exceed 100 square feet, may be allowed up to 200 square feet if the Building Commissioner finds that larger signs are necessary for the site and are within the scale of the building and are otherwise compatible with the area and in compliance with the provisions and intent of these regulations.
[Amended 6-1-2006 by Order No. 2006-136; 7-16-2009 by Order No. 2009-137; 6-17-2010 by Order No.
2010-122; 9-8-2011 by Order No. 2011-138; 2-2-2023 by Order No. 2022-145]
The provisions of § 240-65 herein shall apply except that:
A.
The maximum allowable height of all signs is eight
feet, except that the Building Commissioner may allow up to 12 feet
if he finds that such height is necessary for the site and is compatible
with the appearance, scale and character of the area.
B.
The maximum square footage of all signs shall be 50
square feet or 10% of the building face, whichever is less.
C.
The maximum size of any freestanding sign shall be
10 square feet, except that the Building Commissioner may grant up
to 24 square feet if he finds that the size is necessary for the site
and that the larger size is in scale with the building and does not
detract from the visual quality or character of the area.
[Amended 7-14-2005 by Order No. 2005-100; 2-2-2023 by Order No. 2022-145]
The provisions of § 240-65 herein shall apply except that:
A.
In addition to the two allowable signs as specified in § 240-65 herein each gas pump may have signage not to exceed 12 inches by eight inches indicating the name or type of gasoline and its price and other information as may be required by federal, state or Town regulation.
B.
Each gas station or garage may divide the one allowable attached wall sign into no more than four separate signs affixed to and parallel to the wall indicating the separate operations or departments of the business, provided that the total area of the separate signs shall not exceed maximum permitted areas specified in § 240-65 herein.
C.
If the business is an approved inspection station, it may additionally have a sign indicating that fact as part of its permitted building or freestanding sign, except that the total square footage of all signs must not exceed the maximum permitted in § 240-65 herein.
D.
Temporary or portable signs of any and every type
are specifically prohibited.
Each business in a shopping center is allowed
one attached building sign and one portion of a common freestanding
sign. If the shopping center has two or more public entrances which
are at least 500 feet apart, a second freestanding sign may be permitted
if the Building Commissioner finds that an additional sign is necessary,
will not represent a visual hazard, and will not detract from the
visual quality or character of the area.
[Amended 11-15-2001 by Order No. 2002-029; 7-14-2005 by Order No. 2005-100; 6-17-2010 by Order No.
2010-123; 5-5-2011 by Order No. 2011-047; 11-7-2019 by Order No. 2020-020; 2-2-2023 by Order No. 2022-145]
The provisions of § 240-65 herein shall apply except that:
A.
The maximum allowable height of all signs on buildings
shall be 12 feet, and the maximum height of a freestanding sign shall
be eight feet, except that the Building Commissioner may allow signs
up to 14 feet in height on buildings if he finds that such height
is necessary for the façade and is compatible with the appearance,
scale and character of the area.
B.
The maximum square footage of all signs shall be 50
square feet or 10% of the building face, whichever is less.
C.
The maximum size of any freestanding sign shall be
12 square feet.
D.
Temporary street banners may be permitted in the DMS
District only, for the purpose of informing the general public of
community events and activities, with approval of the Town Manager.
Street banners shall be hung in prescribed locations, securely fastened
to buildings, maintain a minimum height of 16 feet above the street,
be constructed of durable materials, used solely for community events
in the district, and remain in place for no more than three weeks
prior to the event and be removed within one week after the event.
E.
Open/closed sign, business trade figure or symbol, or A-frame sign: Subject to § 240-85, Permit required; identification stickers.
(1)
Open/closed sign. A business may display a sign to identify and/or
direct patrons to their business, provided that the following standards
are met:
(a)
The open/closed sign is attached, at the public entrance, in
a display window or door of the building in which the business is
located.
(b)
Only one open/closed sign per business establishment is permitted
per frontage.
(c)
An open/closed sign may not be used in conjunction with a trade
flag or business trade figure or symbol.
(d)
The dimensions of any open/closed sign shall not exceed 22 inches
by 14 inches.
(2)
Trade figure or symbol. A business may use a three dimensional representation
of their business, providing that the following criteria are met:
(a)
The business trade figure or symbol is placed at the public
entrance immediately abutting the building front or is affixed to
the front facade of the building in which the business is located.
Such figures or symbols shall not be located on Town property.
(b)
The business trade figure or symbol represents the business
and/or its services and is based on historic trade representations.
(c)
Only one business trade figure or symbol per business establishment
is permitted.
(d)
A business trade figure or symbol may not be used in conjunction
with an open/closed sign or a trade flag.
(e)
The dimensions of any business trade figure or symbol shall
not exceed two feet by three feet by four feet.
(f)
The business trade figure or symbol shall be secured as necessary
so that it does not create nuisance or hazard under any conditions
to pedestrians, motorists or business patrons.
(g)
The business trade figure or symbol shall not obstruct safe
passage or impeded accessibility on the sidewalk and shall not obstruct
views to another business or business sign.
(h)
Proof shall be submitted demonstrating to the satisfaction of
the Building Commissioner that explicit written permission has been
given by the owner of the property proposed for locating the trade
figure or symbol.
(3)
A-frame sign. These signs are allowed in the HVB District, subject
to the following criteria and performance standards.
(a)
Criteria.
[1]
One A-frame sign is permitted per each business.
[2]
Evidence demonstrating to the satisfaction of the Building Commissioner
that explicit written permission has been given by the owner(s) of
the property proposed for placing the sign.
[3]
Where the A-frame sign is proposed on Town property, the following
additional criteria shall be met:
(b)
Performance standards.
[1]
A-frame signs:
[a]
Shall not exceed eight square feet per side and
four feet in height.
[b]
Shall be secured as necessary so as not to create
nuisance or hazard to pedestrians, motorists or business patrons under
any conditions.
[c]
Shall not obstruct safe passage or impede accessibility
on the sidewalk.
[d]
Shall not obstruct views to another business or
business sign.
[e]
Shall be professionally made, professionally painted
and well maintained. Hand-lettered signs shall not incorporate informal,
irregular hand lettering.
[f]
Shall not be illuminated.
[g]
Shall not have lights, banners, flags or similar
objects placed on or adjacent to the sign.
[h]
Shall be placed on the sidewalk leading to the
public business entrance.
[i]
Shall be removed at the close of business each
day.
[j]
Shall not be displayed outside of business hours.
[Added 2-2-2023 by Order No. 2022-145]
A.
Each business establishment may be allowed a maximum of two signs.
The allowed signage types are: wall signs; projecting signs, which
may be double sided and considered a single sign; and signage as part
of a freestanding sign serving businesses on the lot.
B.
One freestanding sign may be allowed on a lot. A freestanding sign
may contain signage for multiple businesses on the lot.
C.
The area of all signs for each individual business establishment
shall not exceed 10% of the area of the building facade that contains
the establishment's primary customer entrance or 32 square feet, whichever
is the lesser amount.
D.
The total area of a wall sign shall not exceed 24 square feet.
E.
The total area of a projecting sign shall not exceed 15 square feet.
F.
The maximum height of any freestanding sign shall not exceed eight
feet in height and 12 square feet in area, except that the Building
Commissioner may allow signs to be up to 24 square feet in area if
the sign will include more than one business establishment and it
is determined that the additional area will be in keeping with the
scale of the building and will not detract from the appearance or
safety of the area and will not obscure existing signs that conform
to these regulations and have a Town permit.
[Added 5-5-2011 by Order No. 2011-047]
Trade flags may be displayed by a business use located in a nonresidential zoning district or trade flags may be displayed by a preexisting nonconforming business use along the portion of Phinneys Lane from Attucks Lane to Kidd's Hill Road and along Route 6A from Sandwich/Barnstable line to the Barnstable/Yarmouth line. Trade flags are subject to § 240-85 and to the following:
A.
Trade flags shall not be displayed in conjunction with location hardship
signs, open/closed signs, or trade figure or symbol.
B.
Trade flags are not counted towards the amount of signage allowed.
C.
Trade flags shall be attached at the primary public entrance, to
the facade of the building in which the business is located.
D.
One trade flag per business establishment is permitted. For structures
with common entrances leading to multiple business establishments,
only one trade flag is allowed per common entrance.
[1]
Editor's Note: Former § 240-72, Signs in B-1, O-1,
O-2, and O-3 Districts, as amended, was repealed 7-14-2005 by Order
No. 2005-100.
A.
When a building permit has been issued for the construction,
alteration or repair of a structure, and all other required permits
have been obtained, contractors or architects shall display a sign
on the site while approved work is going on.
B.
No contractor or architect shall display more than
one sign on any building at any given time.
C.
No sign shall be larger than 24 square feet in area,
nor more than five feet tall.
D.
The total area of all construction signs displayed
at a site at any given time shall not exceed 24 square feet.
Temporary signs and special sale signs may be
permitted in all districts subject to the following requirements:
A.
The total area of all temporary signs allowed in this
section shall not exceed 20% of the glass area of the window in which
the sign is placed.
B.
Special event and/or temporary signs, flags or banners
belonging to a not-for-profit organization, civic organization or
church:
[Added 5-7-2009 by Order No. 2009-074]
(1)
Prior to installation, shall be registered with and
approved by the Building Commissioner for a specific property owned
or leased to a not-for-profit, civic organization or church.
(2)
Shall be displayed only during permitted hours of
operation and shall be removed once operations cease each day.
(3)
Shall not obstruct pedestrian and/or vehicular traffic
or be otherwise considered, at the discretion of the Building Commissioner
or public safety officials, to be a public safety risk.
(4)
Shall not exceed four feet in width and five feet
in length.
(5)
Shall remain subject to approvals of all applicable
historic boards or commissions.
C.
Real estate
signs.
[Added 5-5-2011 by Order No. 2011-046]
(1)
Open
house signs:
(a)
Shall only be placed for display 60 minutes before and shall be removed
within 60 minutes after the open house event.
(b)
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise
considered, at the discretion of the Building Commissioner or public
safety officials, to be a public safety risk.
(c)
Shall not be placed in any area that obstructs or otherwise intrudes
into areas containing memorials or monuments. Open house signs are
prohibited on a traffic island where such memorials or monuments are
located.
(2)
Open
house directional signs:
(a)
Shall only be placed for display 60 minutes before and shall be removed
within 60 minutes after the open house event.
(b)
Shall only be displayed to assist motorists in finding an open house
that is concurrently displaying an open house sign.
(c)
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise
considered, at the discretion of the Building Commissioner or public
safety officials, to be a public safety risk.
(d)
Shall not be placed in any area that obstructs or otherwise intrudes
into areas containing memorials or monuments. Open house signs are
prohibited on a traffic island where such memorials or monuments are
located.
(3)
Subdivision
off-premises directional signs:
(a)
Shall be displayed only during period of time when developed or undeveloped
lots in the subdivision are offered for initial sale by the developer
and shall be removed once such initial sales are complete.
(b)
In accordance with § 240-85, prior to installation, shall be permitted by the Building Commissioner for the specific subdivision. Evidence of ownership, lease or other arrangement allowing installation and display at the proposed location shall be provided to the Building Commissioner with the sign permit application.
(c)
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise
considered, at the discretion of the Building Commissioner or public
safety officials, to be a public safety risk.
(d)
Shall be located within reasonable proximity to the boundary of the
subdivision.
(e)
Shall not exceed three feet by five feet.
(f)
Shall remain subject to approvals of all applicable historic boards
or commissions.
In addition to other allowable signs, directional,
warning or traffic signs necessary for the safety and direction of
residents, employees, customers and visitors may be allowed as follows:
A.
Such signs shall not exceed one square foot in area,
nor be more than three feet high.
B.
No more than four such signs will be allowed per site.
C.
The Building Commissioner may grant exceptions from
the provisions of this subsection on a case-by-case basis if he finds
that the site requires more or larger or higher directional or safety
signs, and that such signs will not conflict with the visual quality
and character of the area nor lead to clutter or confusion.
Business area signs may, at the discretion of
the Building Commissioner, be permitted off-premises in remote areas,
provided that the owner of record of the land on which the sign is
placed has given written permission and that such signs shall be no
more than eight square feet in area and shall identify the business
area only, and not individual businesses.
A.
Movie houses and places of entertainment may use one
of their signs as a display sign indicating movie titles, their ratings,
the time(s) of showing, or in the case of places of entertainment,
the names of current and/or next-appearing performers so long as they
meet all dimensional requirements.
B.
When a movie house or place of entertainment is one of two or more businesses on a single lot, the Building Commissioner may allow two freestanding signs, one of which may be a display sign, so long as the total area of both signs combined does not exceed the maximum square footage allowed in § 240-65 herein.
[Amended 11-15-2001 by Order No. 2002-029]
A.
Illuminated signs will normally not exceed fifty-foot
lamberts (or equivalent measurement) of intensity. Additional intensity
may be permitted by the Building Commissioner if it is determined
that additional intensity is necessary and that it will not detract
from the visual quality or character of the area.
[Amended 7-14-2005 by Order No. 2005-100]
(1)
Internally illuminated signs shall not be permitted
in the Hyannis Village Zoning Districts.
B.
The light from any sign shall be so shaded, shielded
or directed or shall be maintained at a sufficiently low level of
intensity and brightness so that it shall not adversely affect neighboring
premises or the safe vision of operators of vehicles moving on public
roads and highways.
C.
All illuminated signs shall be so shaded, shielded
or directed that they will not reflect or shine on or into residential
structures to an extent that would constitute a nuisance or a disruption
of the residential character of the area.
A.
The dimensional requirements of these regulations
shall apply to all portions of the Town.
B.
Within the boundaries of the Old King's Highway Historic
District, the Historic District's Regional Committee shall exercise
the duties of the Building Commissioner for the purposes of these
regulations, except that the Building Commissioner shall be informed
of all actions taken by the Regional Committee.
C.
The Building Commissioner and the Chairman of Regional
Committee shall consult with each other frequently regarding the administration
of these regulations, and shall work together to establish common
sign and architectural standards whenever possible.
A.
Any sign that is moved to another location, either
on the same or other premises shall require a permit.
B.
Any change in the width, length, height, color, wording,
materials, illumination or clearance between the bottom of the sign
and the ground, other than authorized in the permit, will require
a new permit prior to making any such changes.
Permits cannot be transferred, and the new owner
of a business for which there are permitted signs must request a permit
for those signs, which shall be granted if all signs are found to
be in compliance with these regulations.
Any vendor or lessor who sells or leases any
real property which includes a nonconforming sign or signs has a duty
to disclose to his vendee or lessee the time remaining in the amortization
or transition period applicable to the sign or signs in question.
A.
Order to remove. Following the procedures described
in these regulations for abandoned signs, the Building Commissioner
can establish an order of removal for illegal signs which may then
be removed by the Building Commissioner following due procedures of
law, with costs assessed to the permit holder or property owner.
B.
New signs at sites of illegal signs. No sign permit
shall be granted for a new sign to be located on a building or on
a lot where one or more illegal signs exist.
A.
Signs which have been abandoned due to a closing of
a business, a change in business name or for any other reason which
renders the sign not applicable to the property involved shall be
removed by the permit holder or the owner of the building or premises
within 14 days from the date of the action that caused the sign to
be considered abandoned.
B.
A condition of approval for all sign permits shall
be that permit holders or owners of the building or premises shall,
at his or her own expense, remove all abandoned signs.
C.
New signs for a building or property on which an abandoned
sign is located shall not be approved until the abandoned sign is
removed.
D.
The Building Commissioner shall determine when a sign
is abandoned. Notice shall be sent to the permit holder and to the
property owner prior to administrative action.
A.
The Building Commissioner may issue citations for
violations of these regulations.
B.
A failure to respond to properly issued citations
or the issuance of three or more citations for a sign shall be construed
as a major violation subject to a fine of not more than $100. Each
day that such violation continues shall constitute a separate offense.
C.
Continued violation, even with payment of penalties,
for a period of 60 days, shall be grounds for removal of the sign(s)
in question, following the procedures for illegal signs.
D.
Applicants for signs who have previously had penalties
for illegal signs may be required to post a deposit of not more than
$500 per sign for new permits. The Building Commissioner shall review
the sign one year from the issuance of a permit and either issue a
certificate of compliance, release the deposit, or order necessary
corrective action utilizing the deposited funds, with any remaining
funds and a full accounting of monies spent returned to the applicant.
A.
All signs, together with their supporting structures,
must be kept properly maintained, repaired, and in proper condition.
All signs and the grounds about them shall be kept free from all rubbish
and other objectionable material.
B.
Failure to comply with these provisions shall be grounds
for a citation.
C.
If the Building Commissioner finds that a sign is
unsafe or otherwise improperly maintained, he shall issue a written
notice to that effect to the permit holder and the property owner.
If the specified conditions are not corrected, the Building Commissioner
is authorized to remove or repair the sign, all costs of which shall
be assessed to the permit holder or property owner, including an administrative
fee of $50. If public safety is involved, the Building Commissioner
may take immediate action.
Any individual aggrieved by a decision of the
Building Commissioner may appeal to the Barnstable Board of Appeals,
as provided under Chapter 40A of the General Laws.
