A.
The purpose of this Sign Bylaw is to provide an appropriate balance
between public and private interests in a manner that promotes the
health, safety and general welfare of the citizens of the Town of
Sturbridge and in a manner that recognizes the importance of business
advertising, through signs, by acknowledging that signs and their
message must be visible and comprehensible in order to provide identification
and thus assuring that the intended audience is able to find their
way.
B.
To accomplish this purpose it is the intent of this bylaw to:
(1)
Promote the creation of an attractive visual environment that
promotes a healthy economy by:
(2)
Protect and enhance the physical appearance of the community
in a lawful manner that recognizes the rights of property owners by:
(3)
Foster public safety along public and private streets within
the community by assuring that all signs are in safe and appropriate
locations.
(4)
Have administrative review procedures that are the minimum necessary
to:
(a)
Balance the community's objectives and regulatory requirements
with business's needs for advertising and wayfinding.
(b)
Allow for consistent enforcement of the Sign Bylaw.
(c)
Provide some flexibility as to the number and placement of signs
so the regulations are more responsive to business needs while maintaining
the community's standards.
No sign, except those qualifying for permit exceptions, shall be constructed, erected, remodeled, refaced, relocated, expanded or otherwise altered until a sign permit has been obtained from the Building Inspector in accordance with the provisions of this article. In addition to the requirements for all signs as set forth herein, commercial signage shall be specifically subject to those requirements set forth in § 300-17.6A and § 300-17.7.
The following types of signs shall be authorized by right without the necessity of a permit. These signs shall be subject to the prohibitions set forth in § 300-17.4 along with all other requirements of this bylaw.
A.
Signs bearing the name of an occupant of a dwelling not to exceed
1 1/2 square feet in area.
B.
Real estate signs not to exceed six square feet in area in a Residential
District or 30 square feet in area in nonresidential districts. Real
estate signs shall not be placed on property other than the property
that is for sale, except that real estate open house signs may be
placed on property other than the property that is for sale, with
the approval of the property owner, on the day of the open house for
a duration of no more than two hours longer than the time period of
the open house.
C.
Signs accessory to the use of the premises by a church, educational
or charitable institution. These signs, however, are expected to conform
to the spirit and intent of the bylaw.
D.
Signs erected by the municipal, county, state, or federal government,
as may be deemed necessary for their respective functions, are exempt
from the provisions of this bylaw, but are expected to conform to
the spirit and intent of it.
E.
Signs indicating "entrance," "exit," "parking," or the like, erected
on a premises for the direction of persons or vehicles not to exceed
five square feet in area. Such signs shall not carry the name of the
business, a trade or service mark or any product designation unless
such identification is necessary to differentiate one area from another,
such as assigned parking on multi-tenant properties.
F.
Private drive signs. On-premises private drive signs are limited
to one per drive entrance, not exceeding two square feet in area.
G.
Signs installed on property where a contractor is working may be
maintained on the premises while construction is in progress. Such
a sign shall not exceed 12 square feet and shall not be installed
in the setback. These signs shall be removed within seven days of
work completion at a property site.
H.
Signs required by federal or state law.
I.
Signs erected within a building.
J.
Nonilluminated window signs not to exceed 25% of the individual window
area, or 16 square feet, whichever is smaller. No signs shall be permitted
in the window area of entrance and exit doors except for matters of
public safety or security, and/or public information (for example
hours of operation, credit cards accepted, etc.).
K.
Political signs. Such signs may be displayed for a period not to
exceed six weeks prior to any election, shall be removed within 14
days following that election and are expected to conform to the spirit
and intent of this bylaw.
The following signs are prohibited in the Town:
A.
Moving or animated signs. A sign which is designed to align itself
with the wind for structural reasons shall not be considered a moving
sign.
B.
Flashing, moving and animated signs, including oscillating, rotating
lights, strings of lights, whirligigs and signs containing reflective
elements which sparkle in the sunlight.
C.
Graphics which by color, location or design resemble or conflict
with traffic control signs or signals.
D.
Signs that are mounted on vehicles or other moveable devices or objects except as permitted in Subsection N.
F.
Internally illuminated signs.
G.
Devices, structures or symbols that are meant to attract people's
attention to a proprietor's products or services in excess of the
number otherwise permitted by this bylaw.
H.
Neon or tube signs or outlining, other than hotel/motel vacancy signs
or no-vacancy signs.
I.
Advertising signs tacked, posted, painted or otherwise attached to
poles, posts, trees, sidewalks, curbs, rocks, radio, television or
water towers, lighting structures or other similar poles or structures.
J.
Temporary colored string light type displays used to outline or ornament
buildings, trees or shrubbery except in the period from November 15
to January 15 of the ensuing year. Such displays shall be illuminated
only from dusk to 12:00 midnight during this period. This prohibition
shall not apply to the use of white lights to accent an entryway,
walkway or other feature of a building or business, regardless of
the time of year.
K.
Outdoor internally illuminated vending machines.
L.
Halo signs, being signs that are illuminated from behind, creating
a silhouette or outline.
M.
Banners or signs painted on or temporarily affixed to a nonregistered
motor vehicle or trailer for the purpose of providing a sign for a
business or commercial purpose.
N.
No commercial or industrial sign shall be erected on, or attached
to any vehicle except for signs applied directly to the surface of
the vehicle. The primary use of such vehicle shall be in the operation
of a business and not in advertising or identifying the business premises.
The vehicle shall not be parked in a public right-of-way for the purposes
of advertising.
O.
Any sign advertising a business or organization which is either defunct
or no longer located on the premises.
P.
Digital or electronic signs.
Q.
Balloon signs or inflatable signs except as may be permitted for grand openings (See § 300-17.8B.).
R.
Signs containing noise-making devices.
S.
Laser/Holographic signs.
T.
Strings of pennants.
A.
General.
(1)
Permits for signs serving uses dependent upon special permits,
exceptions and/or design review approval shall not be granted by the
Building Inspector until such permits and approvals have been issued
or approved by the Planning Board, Zoning Board of Appeals, Design
Review Committee and/or Historical Commission, as applicable.
(2)
No sign shall cause visual confusion, glare or offensive lighting
in the neighborhood.
(3)
Lighting of a sign may only be by white light of reasonable
intensity shielded and directed solely at the sign.
(4)
The sign shall be placed so that it will not obstruct the view
of traffic entering or leaving the premises. No sign, including its
supporting structure, extending more than 3 1/2 feet above the
established street grades shall be erected, placed or maintained within
the area formed by any intersecting street lines and a straight line
adjoining said street lines at points which are 25 feet distant from
the point of intersection, measured along such street lines.
(5)
It shall be the responsibility of the property owner to ensure
that all signs placed on his property are installed in compliance
with the bylaws, that said signs are maintained in safe and presentable
condition.
(6)
No freestanding sign shall exceed 18 feet in height above the
natural grade. No sign shall project above the ridge line of the primary
building on the property.
(7)
Building-mounted signs shall be erected and maintained as follows:
(a)
Signs parallel to or against the face or wall of a building
shall not extend more than 15 inches from said face or wall. Said
signs extending over a public sidewalk shall be not less than eight
feet above the sidewalk at the lowest point.
(b)
Signs perpendicular to the face or wall of a building shall
extend no more than 54 inches from such building line. Said signs
extending over a public sidewalk shall be not less than eight feet
above the sidewalk at the lowest point.
(8)
All signs shall meet all safety requirements associated with
construction.
(9)
All signs shall be consistent with the requirements of the Zoning
Bylaw.
B.
Area of signs.
(1)
The area of a sign shall be considered to include all lettering,
wording and accompanying designs and symbols, together with the background
on which they are displayed, any frame around the sign and any "cutouts"
or extensions, but shall not include any supporting structure or bracing.
(2)
The area of sign consisting of individual letters or symbols
attached to or painted on a surface, building, wall or window shall
be considered to be that of the smallest rectangle which encompasses
all of the letters and symbols.
(3)
The area of a sign which is other than rectangular in shape
shall be determined as the area of the smallest rectangle which encompasses
all elements of said sign.
(4)
The area of a sign consisting of a three-dimensional object
shall be considered to be the area of the largest vertical cross-section
of that object.
(5)
Only one side shall be counted in computing the area of a double-faced
sign.
C.
Sign setbacks.
|
Zoning District or Sign Type
|
Front Setback
(as measured from edge of pavement or edge of sidewalk as may
be applicable)
|
Rear and Side Setback
|
Notes
|
|---|---|---|---|
|
Commercial, Commercial II, General Industrial, Industrial Park,
Historic Commercial, Special Use District
|
10 feet
|
10 feet
| |
|
Commercial Tourist
|
0 feet
|
Setback determined by specific site limitations. In no case
shall proposed signs obstruct view at intersections, or project into
right-of-way or sidewalk.
| |
|
Real Estate Signs
|
10 feet*
|
10 feet
|
*Except Commercial Tourist District (see note above)
|
|
Rural Residential and Suburban Residential
|
25 feet
|
15 feet
|
D.
Construction and maintenance of signs.
(1)
Signs shall be constructed of durable and weatherproof material.
(2)
Signs shall be maintained in safe structural condition and good
visual appearance at all times and no sign shall be left in a dangerous
or defective state.
(3)
Every sign permitted by this bylaw shall be kept in good condition
and repair. When any sign becomes insecure, in danger of falling or
is otherwise deemed unsafe by the Building Inspector, or if any sign
shall be unlawfully installed, erected or maintained in violation
of any of the provisions of this bylaw, the owner thereof or the person
or firm using same shall, upon written notice by the Building Inspector,
forthwith in the case of immediate danger, and in any case within
not more than 10 days, make such sign conform to the provisions of
this bylaw or shall remove it. If within 10 days the order is not
complied with, the Building Inspector may remove or cause such signs
to be removed at the expense of the owner and/or the user of the sign.
In the case of immediate danger to public safety, the Building Inspector
shall have the authority to immediately remove or cause to be removed
any sign, at the expense of the owner. Such removal shall occur only
after the Building Inspector has contacted or attempted to contact
the owner of the sign. The Building Inspector shall have sole and
exclusive authority to determine that a sign poses a threat of immediate
danger to public safety.
(4)
No sign shall be attached to a utility pole, street sign, fence,
tree or light post.
(5)
Signs for defunct entities or for a business no longer operating
at the location must be removed within 30 calendar days of the business
closing.
(6)
A new permit shall be required if the original wording or color
or design of a sign is modified. Repainting, replacement of the sign
with the exact same sign design and color scheme shall not require
approval of the Design Review Committee but shall require a permit
from the Building Inspector.
E.
Special permits. In particular instances, and at the discretion of
the Planning Board, acting as the special permit granting authority
(SPGA), a special permit may be granted to erect and maintain more
or larger signs than is provided for by this article, or for signs
of types or for purposes not provided herein if it is determined that
the proposed signage is consistent with the intent and purpose of
this bylaw and that it meets the requirements of this section. A special
permit is discretionary and is not the automatic right of any applicant.
Special permit applications shall be filed concurrently with site
plan approval applications for new projects, and in the case of proposed
changes to signage existing at the time of adoption of this chapter,
a separate special permit application shall be filed for consideration
by the Planning Board. Special permits may only be granted if it is
determined that the architecture of the building, the location of
the building with reference to the street or the nature of the business
establishment is such that the sign should be permitted in the public
interest.
(1)
In granting a special permit under this section, the Planning
Board shall make findings on which to base its determination with
respect to the following:
(a)
The proposed sign shall not be detrimental to public safety
and welfare in that it will not be a nuisance or hazard to vehicles
and pedestrians and will help to improve safety, convenience and traffic
flow;
(b)
The architecture of the building, the location of the building
with reference to the street or the nature of the establishment is
such that the sign should be permitted in the public interest;
(c)
The sign will not cause visual confusion, glare, offensive lighting
in the neighborhood and surrounding properties;
(d)
The sign requested pursuant to the special permit application
is necessary due to topography or site conditions unique to its proposed
location;
(e)
A unique and particular type of use requires additional signage
or a different character of signage in order to identify the premises
adequately or to inform the public about specific events or activities;
(f)
The sign will not significantly alter the character of the zoning
district or be a detriment to the surrounding area;
(g)
The sign scale is determined to be in reasonable relation to
development scale, viewer distance and travel speed and sign sizes
on nearby structures;
(h)
The sign design is in harmony with other signage on the same
or adjacent structures and provides reasonable continuity in mounting
location and height, proportions and materials;
(i)
The granting of the special permit does not derogate substantially
from, and will be in harmony with, the intent and purposes of the
bylaw.
(2)
In granting such permission, the SPGA shall specify the size
and location of the sign or signs and impose such other terms and
restrictions as it may be deemed to be in the public interest.
(3)
Any applicant under these provisions shall provide a site plan
and specific information in the form of perspectives, renderings,
including a scaled elevation plan showing the location and dimensions
of the proposed sign, photographs or other representations sufficient
to show the nature of the proposed sign, its effect on the immediate
surroundings and the reasons the applicant believes the requested
signage should be allowed in the public interest.
A.
Type, number and size. Commercial signage in the Rural Residential
and Suburban Residential Districts shall conform to the following
standards:
(1)
No permitted commercial or industrial use within a residential
district shall maintain more than four commercial signs serving such
use within the limits of the Town of Sturbridge, of which no more
than two signs may be located on the property itself. Only one of
the two signs on the property may be freestanding. The above controls
shall not apply to signs on the property which are less than five
square feet in area and which are limited to designation of entrances,
exits, parking areas and other similar directional purposes.
(2)
Freestanding signs shall not exceed the height of the principal
building or 18 feet in height, whichever is less.
(3)
Hospitals, nursing homes, assisted-living facilities and other
institutional uses allowed in a residential district, whether by right
or by special permit, shall be allowed to have such signs as can be
demonstrated as necessary to the safety and well-being of the community.
These include internally illuminated signs indicating emergency room
entrances, and such other similar signs as are necessary. In all other
respects, they shall conform to the limitations and restrictions set
forth in this article except as may be modified by the issuance of
a special permit.
(4)
A business may have one flag not to exceed 12 square feet in
area which incorporates a trademark, logotype or similar information
(such as "Sale" or "Open") directly related to the business located
on the lot. Business flags shall not overhang a public way or sidewalk
at any time. Flags shall be removed or replaced if they become damaged.
B.
The following signs erected in the Rural Residential and Suburban
Residential Zoning Districts shall meet the following requirements:
|
Type of Sign
|
Square Footage
|
Total Number
|
Freestanding
|
Wall or Projecting Sign
|
Changeable Copy Sign
|
|---|---|---|---|---|---|
|
Professional name signs
|
1.5
|
1
|
Y
|
Y
|
N
|
|
Identification signs for estates, schools, farms, etc.
|
20.0
|
1
|
Y
|
Y
|
N
|
|
Other business uses as may be permitted
|
30
|
2
|
Y
|
Y
|
Y
|
|
Multi-tenant sign for business use
|
50
|
1
|
Y
|
N
|
Y
|
A.
Type, number and size. Signage in the Commercial, Commercial II,
Commercial Tourist, Historic Commercial Districts, General Industrial,
Industrial Park and Special Use Districts shall conform to the following
standards:
(1)
Except as otherwise noted in this section, no commercial or
industrial use within the districts set forth herein shall maintain
more than four signs serving such use within the limits of the Town
of Sturbridge, of which no more than two signs may be located on the
property itself (with the exception of lawfully permitted sandwich
board and temporary signs). Only one of the two signs on the property
may be freestanding (with the exception of lawfully permitted sandwich
board and temporary signs). The above controls shall not apply to
signs on the property which are less than five square feet in area
and which are limited to designation of entrances, exits, parking
areas and other similar directional purposes.
(2)
Freestanding signs shall not exceed the height of the principal
building or 18 feet in height, whichever is less.
(3)
A freestanding sign may have a portion of the sign area that
is used for changeable copy messages; however, the name of the business
and the street address shall be a permanent part of the sign.
(4)
For multiple-tenant properties, each tenant shall be entitled
to only one business/advertising sign complying with all provisions
of this bylaw and located immediately adjacent to the rented premises.
In addition, one multiple listing sign may be erected and maintained
on the property to identify said tenants. The total area allowed for
such a sign, as described by the rectangle encompassing the framework
and all individual listing signs, shall not exceed 50 square feet.
Individual listing signs or encompassed individual listings shall
be limited to one listing per tenant, and shall be used for the sole
purpose of identification, and not for advertising. Such listings
may include a designation of profession such as "Attorney," "Architect"
to facilitate identification; if lighted, said lighting shall be from
a constant, exterior source. Multiple listing signs shall be subject
to all other provisions of the Zoning Bylaw.
(5)
A sandwich board sign may be used by each business. The sign
shall not exceed 30 inches in width and 48 inches in height. The sign
shall not be placed in a manner to block visibility at intersections
nor shall it be allowed to project into the public way or sidewalk.
The sign shall be brought in at the close of business each day. When
a sandwich board sign is used on a regular basis it shall be considered
a permanent sign and design review approval shall be required for
the sign, which shall be of the same design and color scheme as the
main permitted on-premises signage. All business owners are encouraged
to develop a permanent sandwich board sign as soon after the adoption
of this bylaw as practicable; however, existing signage may be used
with appropriate permits until new signage is acquired. In no case
may a sign of different design and color scheme be used after December
31, 2014 at which time only DRC-approved sandwich board signs may
be used.
(6)
A permitted drive-thru food establishment or car wash may have
one freestanding menu board sign for each drive-thru lane. The menu
board may be a maximum of 40 square feet, and have a maximum vertical
dimension of seven feet. No additional temporary or permanent signs,
panels, flags, banners, etc. of any type may be attached to the menu
board.
(7)
A business may have one flag not to exceed 12 square feet in
area which incorporates a trademark, logotype or similar information
(such as "Sale" or "Open") directly related to the business located
on the lot. Business flags shall not overhang a public way or sidewalk
at any time. Flags shall be removed or replaced if they become damaged.
B.
The following signs erected in the Commercial, Commercial II, Commercial
Tourist, Historic Commercial Districts, General Industrial, Industrial
Park and Special Use Zoning Districts shall meet the following requirements:
|
Type of Sign
|
Square Footage
|
Com-mercial
|
Com-mercial Tourist
|
Com-mercial II
|
General Industrial
|
Industrial Park
|
Historic Com-mercial
|
Special Use
|
|---|---|---|---|---|---|---|---|---|
|
Professional name signs
|
1.5
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Identification signs for estates, schools, farms, etc.
|
20.0
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Business and advertising, building-mounted and/or free-standing
|
30
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Multi-tenant sign for business use
|
50
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Temporary real estate signs
|
20
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Any other temporary signs
|
12
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Sandwich board signs as defined in Subsection A(5)
|
10
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Bed-and-breakfast signs
|
12
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Changeable copy panel as part of a free-standing sign
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Unless otherwise specified herein, temporary signs may be displayed
for a period of time not to exceed eight consecutive days, the first
of which shall occur not more than seven days prior to the subject
event, or such longer period of time as the Building Inspector may
determine is reasonably necessary pursuant to issuance of a sign permit,
provided that the Building Inspector may condition the location, construction
and maintenance of such signs to protect public safety and may deny
a permit for such sign where public safety cannot be reasonably guaranteed.
All temporary signs shall be removed within 24 hours after the subject
event unless the applicable permit states otherwise. Temporary wall
signs or banners shall be flush against the building and not above
the roof line of the building. A temporary sign shall be removed or
replaced immediately if it becomes damaged in any way. A temporary
wall sign or banner shall be removed or replaced immediately if it
becomes damaged in any way. No more than one permit per month shall
be granted.
A.
Sandwich board signs. Sandwich board signs of a temporary nature [not including signs authorized pursuant to the provisions of § 300-17.7A(5)] may be erected for any purpose. Businesses using a permanent sandwich board sign permitted under § 300-17.7A(5) are not permitted to use temporary sandwich board signs.
B.
Grand opening signs. Grand opening events may utilize temporary signage,
flags and banners for a period not to exceed 30 days. Grand opening
events are limited to the first 90 days after a certificate of occupancy
has been issued. No searchlights or flashing type lights are allowed
and are strictly prohibited during these events. When an existing
business has substantially remodeled, as determined by the Building
Inspector, the business will have the option of having a "Grand Re-Opening"
sign. A permit is required from the Building Inspector.
C.
Street banners. Street banners may be displayed when approved pursuant
to a temporary event permit issued by the Board of Selectmen or its
designee specifying the location of such banner.
D.
Yard sale signs.
(1)
No more than three yard sale sign permits, valid for two days,
shall be granted in a calendar year for the same lot.
(2)
An application must be filled out at the Building Inspector's/Enforcement
Officer's or Town Clerk's office with a fee set by the Board of Selectmen.
(3)
No yard sale sign shall be located so as to cause visual confusion
or interfere with traffic safety in the area.
(4)
No yard sale sign shall be bigger than 20 inches by 20 inches
(400 square inches).
(5)
No more than four yard sale signs for the same event shall be
located within the limits of the Town of Sturbridge.
(6)
If, in the Building Inspector's opinion, any yard sale sign(s)
become(s) dangerous or unsafe in any manner whatsoever, the sign(s)
shall be removed immediately.
(7)
No yard sale signs shall be located on telephone poles or trees
that are on Town or state property or on property owned by the Town
or state.
(8)
All yard sale signs shall be removed at the end of the permitted
two-day period.
A.
Design review. All signs erected to serve commercial or industrial
use shall require approval of the Design Review Committee (DRC). In
reviewing applications the DRC shall insure that the:
(1)
Site selected is appropriate for the proposed design.
(2)
The proposed design is in keeping with the character of the
Town in general, and with the specific neighborhood in particular.
(3)
The sign will be consistent with the architecture of the building
on the lot upon which the sign is to be located and of the surrounding
area.
(4)
The sign is consistent with the Design Review Committee Handbook
and Design Guidelines, Town of Sturbridge Massachusetts adopted March
22, 2011, as may be amended from time to time.
B.
Inspections. Unless waived by the Building Inspector, all signs for
which a permit is required shall be subject to a site inspection to
ensure that the sign has been safely and firmly constructed and that
it is in conformance with approvals granted.
C.
Fees. A schedule of fees for permits may be determined from time
to time by the Board of Selectmen.
Violations of this article shall be subject to the provisions of § 300-18.1A, Enforcement.
Any appeal hereunder to the Zoning Board of Appeals may be taken as set forth in § 300-18.2 of this bylaw.
