Only signs which refer to a permitted use, or an approved conditional use, as set forth in Chapter 240, Zoning, are permitted, provided that such signs conform to the provisions of this chapter.
A.
Billboards, streamers, pennants, ribbons or other similar devices shall not be constructed, posted or erected in any zoning district. Exceptions include flags, as allowed under § 184-30A, and buntings exhibited to commemorate national patriotic holidays, and temporary banner(s) announcing charitable or civic events as allowed under § 184-30B, which shall be defined as temporary signs.
B.
Flashing signs, roof signs, signs containing moving
parts, and parts containing reflective elements which sparkle or twinkle
in the sunlight are not permitted. Barber poles and signs indicating
the current time and/or temperature are permitted, provided that they
meet all other provisions of this chapter.
C.
Any sign advertising or identifying a business or
organization which is either defunct or no longer located on the premises
is not permitted. Exceptions are granted to landmark signs which may
be preserved and maintained even if they no longer pertain to the
present use of the premises.
D.
No sign shall be larger than forty (40) square feet,
except for a mall sign, which shall be no larger than one hundred
thirty-two (132) square feet.
E.
No sign, except for a traffic, regulatory or informational
sign, shall use the words "stop," "caution" or "danger" or shall incorporate
red, amber or green lights resembling traffic signals or shall resemble
"stop" or "yield" signs in shape and color.
A.
No person may erect a sign which flashes, rotates
or has motorized moving parts except for rotating barber poles.
B.
No person may erect a sign with exposed electrical
wires.
C.
No person may erect a sign that constitutes a hazard
to pedestrian or vehicular traffic because of the intensity or direction
of the illumination.
A.
No person may erect a sign which is affixed to a fence,
utility pole or tree.
B.
Signs shall not be mounted above the roof ridge line
unless mounted on a parapet wall which extends above the roofline,
in which case the sign may not extend above the top of said parapet.
C.
No projecting sign shall extend into a vehicular public
or private way or be less than ten (10) feet above a pedestrianway.
D.
No freestanding sign, together with any supporting
framework, shall extend to a height above eighteen (18) feet from
the level of the center line of the street which is closest to the
sign.
E.
Signs shall not cover architectural details, such
as but not limited to arches, sills, moulding, cornices and transom
windows.
No person may erect a sign which:
A.
Is structurally unsafe.
B.
Constitutes a hazard to public safety and health by
reason of inadequate maintenance, dilapidation or abandonment.
C.
Obstructs free entrance or exit from a required door,
window or fire escape.
D.
Obstructs light or air or interferes with proper functioning
of the building.
E.
Is capable of causing electrical shock.
For the purposes of this Article, the term "sign"
shall not include:
A.
Signs erected or posted and maintained for public
safety and welfare or pursuant to any governmental function, law,
bylaw or other regulation.
B.
A bulletin board or similar sign not exceeding ten (10) square feet in display area, in connection with any church, museum, library, school or similar public or semipublic structure, provided that the top of such sign shall not be more than eight (8) feet above ground level, and provided that it does not possess any of the characteristics listed in § 184-5 above.
C.
Directional signs solely indicating ingress and egress
placed at driveway locations, containing no advertising material,
and where display area does not exceed three (3) square feet or extend
higher than four (4) feet above ground level. Such sign shall conform
in all respects with the requirements of this chapter.
D.
Signs relating to trespassing and hunting, warning
of danger such as "High Voltage," etc., not exceeding two (2) square
feet in area.
Standard brand names, logos, symbols or slogans
of advertised products or services shall be displayed only if that
brand comprises more than twenty-five percent (25%) of the dollar
value of sales on the premises, as declared by affidavit by the business
owner or manager.
Legally nonconforming signs and their supporting
structures may remain except as qualified below:
A.
Other than sign maintenance, no nonconforming sign
and supporting structures shall be reconstructed, remodeled, relocated
or changed in size or content to show a new trade name, different
words, letters or numbers, new design or different logo, unless such
action will make the sign conforming in all respects to this chapter.
Any change in ownership of the property or of the business shall require
that the sign will conform in all respects to this chapter within
forty-five (45) days of such property or business transfer for single-business
signs. Multiple-business or ladder signs must conform within forty-five
(45) days of change of ownership of the entire building(s) or prior
to May 1, 1996, whichever is first.
B.
Nothing in this section shall be deemed to prevent
keeping in good repair a nonconforming sign, including sign maintenance,
repainting and replacement of broken or deteriorated parts of the
sign itself. Supporting structures for nonconforming signs may be
replaced, except that the sign height must be brought into compliance
with this chapter, without having such replacement make the sign and
sign structure conforming in all respects.
C.
A nonconforming sign and/or its supporting structures
which is destroyed or damaged by any casualty may be restored within
six (6) months after such destruction or damage only after the owner
has shown that the damage did not exceed fifty percent (50%) of the
appraised value (replacement value less depreciation) of the sign.
If such sign or sign structure is destroyed or damaged to an extent
exceeding fifty percent (50%), it shall be removed and shall not be
reconstructed or replaced unless such action makes the sign and sign
structure conforming in all respects.
D.
A nonconforming sign or sign structure shall be removed
within thirty (30) days if the building containing the use to which
the sign is accessory is demolished or destroyed to an extent exceeding
fifty percent (50%) of the building's appraised value (not including
land).
E.
Each nonconforming sign not removed when required
above shall be deemed a public nuisance, and the Town may proceed
to obtain a court order compelling its removal. Costs of said removal
shall be borne by the sign owner and/or property owner and may be
recovered by the Town, if necessary, in an action of contract in a
court of competent jurisdiction, in accordance with the appropriate
state law.
F.
A sign or sign structure removed by the Town shall
be held not less than thirty (30) days by the Town, during which period
it may be recovered by the owner upon paying the Town for the cost
of removal and storage and upon payment of any imposed fine. If not
recovered within the thirty-day period, the sign or sign structure
is hereby declared abandoned, and title thereto shall be vested in
the Town of Falmouth for disposal in any manner permitted by law.
