Abington, MA Zoning Ordinance

[Amended 6-8-2015 ATM by Art. 17; 5-21-2018 ATM by Art. 27]

§ 175-56 Purpose and intent.

The purpose and intent of this Bylaw shall be to assure that all signs be appropriate to the land, building or use to which they are appurtenant; be protective of property values and the safety of the public; and not unnecessarily detract from the historic qualities and characteristics of the Town of Abington without unduly restricting the conduct of lawful enterprise or expression.

§ 175-57 Permit requirements.

General. Except as required by law and as otherwise set forth below, no sign shall be erected, altered or relocated without a permit issued by the Building Department. Where multiple signs are to be attached to a building, the exact location of the signs on the building shall be subject to approval by the Building Department at the time the permit is issued, which approval shall only be withheld due to safety concerns or nonconformity with this Bylaw.

Applications. The applicant must submit to the Building Department a completed sign permit application, together with all supporting materials specifying building and sign dimensions, colors, attachment methods, position and location of the sign, including the height of the bottom and the top of the sign, and any other such pertinent information the Building Department may require to ensure compliance with this Bylaw and any other applicable laws.

Fees. Fees for sign permits shall be paid in accordance with the schedule of fees established by the Board of Selectmen.

Nullification; extension. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of 12 months from the date of the permit. For all sign permits, the Building Department may, in its discretion, issue an extension to the permit expiration date not to exceed six months.

Compatibility with neighborhood and building context. Signs shall be visually compatible with the building, neighboring buildings, and the character of the neighborhood or district in which they are located. Signs shall be carefully located to avoid obscuring important architectural building features, property sightlines, and views.

Sign material(s), scale, coloring, and details should be compatible with the structure or context with which they are associated.

Any sign mounted to a building shall be in a location suitable for that particular sign. The scale and proportions of the sign shall be compatible with the surrounding building elements, and the materials shall be compatible with surrounding materials. Sign attachment shall be accomplished in such a manner that when the sign is removed, there is no permanent damage to the building or important architectural features.

Relocation of an existing, authorized sign to a new location requires review and approval by the Building Department. A sign which may have been well integrated with its previous location may not necessarily fit as well in a new location.

If lighting is proposed, it shall be placed appropriately given the location with a minimum of wattage and ambient light. All lighting shall comply with the International Dark Sky Association (IDA) "fixture seal of approval" program certification standards. Applicant is responsible for providing such certification to the Building Department.

Inspection. Any sign may be inspected periodically by the Building Department for compliance with this Bylaw. All signs and other advertising structures, together with all their supports, braces, hooks, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance which does not noticeably display any of the following or similar conditions, including but not limited to: peeling paint, visible rust, visible rot, damaged support structures, or missing letters.

(1)

Notice of noncompliance. Written notice shall be given via hand delivery or certified mail to the owner of any sign which violates any section of this Bylaw, and if different, to the property owner upon which the sign is situated. Said notice shall describe the violation and required remedial action to be undertaken in order to bring said sign into compliance and a reasonable deadline to commence said remedial action, which shall not be less than 14 days except in cases of emergency or public safety.

(2)

Response required. If an effort to bring the sign into compliance is not undertaken and completed within 14 days from the date of notice of violation, the Building Department shall cause the sign to be repaired or removed at the property owner's expense, subject to constitutional limitations, and/or to otherwise enforce this bylaw through noncriminal disposition and fines as provided in the General Bylaws.[1]

[1]

Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty, § 1-2, Enforcement through noncriminal disposition.

Removal of existing signs and abandoned signs.

(1)

Conforming signs may remain until and unless they violate this Bylaw.

(2)

Any existing nonconforming sign legally erected prior to the adoption of this Bylaw may continue to be used and maintained, provided, however, that no such sign shall be enlarged or altered except in accordance with the provisions of this Bylaw.

(3)

Any existing or nonconforming sign associated with a nonseasonal use which has ceased operations for 180 or more days and/or contains or exhibits panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly or unkempt shall be considered an abandoned sign. Such signs are prohibited and may be removed in accordance with this Bylaw.

§ 175-57.1 Administration and penalties.

Enforcement. The Building Department is hereby authorized and directed to enforce all of the provisions of this Bylaw. The Building Department may issue regulations and guidelines as necessary to implement the provisions of this Bylaw.

Removal of signs. The Building Department shall order the removal of any sign erected or maintained in violation of this Bylaw. Fourteen calendar days' notice, in writing, shall be given to the owner of such sign, or of the building, structure, or premises on which such sign is located, to remove the sign or to bring it into compliance with the Bylaw. If the owner fails to come into compliance, the Building Department shall enforce this Bylaw through noncriminal disposition as provided in the Town of Abington General Bylaws Chapter 1, § 1-2.

§ 175-58 General regulations.

Illumination.

(1)

Internally illuminated signs are not permitted, with the exception that the following types of internally illuminated signs are permitted on properties being used for commercial or business purposes:

•	Directional signs, such as "Enter" or "Exit" or "Parking," which may also include the business logo and which do not exceed two square feet.
•	"Open" and "Closed" signs which do not exceed two square feet.
•	Barber poles on barbershops.
•	Wall signs on buildings which are more than 100 feet from a street or from a driveway which provides access to said building.
•	Internally illuminated freestanding signs are permitted for business and commercial purposes.

(2)

Exterior illumination of signs shall be so shaded, shielded or directed as to create minimum ambient light, and so as not to directly reflect or shine on or into neighboring premises or into any public street. Exterior illumination shall be of the "top down" variety only. All lighting shall comply with the International Dark Sky Association (IDA) "fixture seal of approval" program certification standards. Applicant is responsible for providing such certification to the Building Department.

(3)

Neon "Open" and "Closed" signs not exceeding two square feet are permitted. All other outdoor neon lighting is prohibited.

(4)

No sign or advertising device shall be illuminated between 11:00 p.m. and 6:00 a.m., unless the use associated with said sign is being operated, such as a business open to customers or where an institution or place of public assembly is conducting an activity, illumination shall be allowed during the activity and for not more than 1/2 hour after the activity ceases. This restriction shall not apply to any signs or advertising devices required or related to public properties or public safety such as police and fire departments, hospitals, or as a sign permit may otherwise specifically allow.

Location of signs.

(1)

A parallel sign shall project no more than 12 inches from the building facade or surface.

(2)

No awning, canopy or projecting sign shall project more than five feet from the building face or come within two feet of a curbline.

(3)

The bottom of a sign on any awning or canopy shall not be lower than the awning or canopy to which it is attached. The bottom of a projecting sign shall be at least 10 feet above ground level.

(4)

The top of a freestanding sign shall extend no higher than 20 feet above ground level, and the bottom shall not interfere with vehicular or pedestrian traffic. No portion of a freestanding sign shall be located within 10 feet of a lot line.

(5)

On any building with more than three stories, no sign or any portion thereof shall be allowed above the bottom of the sills of third story windows of the building on which it is mounted. On all other buildings, no sign or support for a sign may extend above the cornice line or higher than six feet on any parapet wall of the building to which the sign is attached.

Exempted signs. The provisions of this Bylaw shall not apply to the following signs and no sign permit shall be required:

(1)

Nonconforming signs which existed prior to the adoption of this Bylaw.

(2)

Any sign which is required or authorized by any law, rule, regulation or permit of the federal or state government or any agency thereof or any public authority created thereby.

(3)

Any sign erected or placed on Town land or on public ways under the provisions of any Town Bylaw, building or safety code, or by direction or approval of the Town Manager or board or committee having lawful jurisdiction or control over such premises.

(4)

Signs containing the street name and/or number of the building as assigned by the Assessor's office, to be located on the building and/or property in accordance with Chapter 25 of the General Bylaws. Said sign shall not exceed two square feet in residential zones.

(5)

A memorial sign or tablet denoting a historical event or place, or the name of a structure and/or date of its construction, not to exceed four square feet on residential properties or six square feet in other districts, provided that nothing shall limit the authority of the Historical Commission from further regulating signs on duly designated historical structures or within duly designated historical districts.

(6)

Signs containing cautionary messages, such as "Beware of Dog" or "No Trespassing," provided they do not exceed two square feet.

(7)

Any directional or traffic safety sign not exceeding two square feet intending to direct traffic or indicate parking areas or restrictions (such as "Enter," "Exit," "No Parking," etc.), and which may also include the business logo. Provided these signs are erected in compliance with Town Bylaws and state regulations, they shall not be counted in the maximum sign number and sign area requirements for the lot or business.

(8)

Display or expressions of political, religious, ideological, civic or charitable ideas shall be exempt from the provisions of this Bylaw, provided that no such sign shall be affixed to a traffic sign, tree or utility pole in a public way. Signs of such nature shall not exceed the maximum dimensional limitations permitted under this Bylaw.

(9)

One flag displaying the word "Open" of no more than 15 square feet will be allowed per business. Decorative flags are permitted on residences.

(10)

Signs on gasoline pumps indicating in usual size and form the name, type of gasoline and price thereof as required by statute.

(11)

One unlighted ground sign advertising the sale, rental or lease of the premises or any part thereof, provided that such sign shall not exceed six square feet and shall be removed upon completion of the sale, rental or lease transaction.

(12)

One unlighted ground sign in a subdivision of six or more approved lots, or in a multi-unit residential or commercial project, which advertises the sale, rental or lease of individual lots, units or buildings under construction therein, provided that such sign shall not exceed 20 square feet and shall be removed no later than one year after the installation of such sign. A permit may be obtained for such sign after the expiration of said one-year period.

(13)

One unlighted ground sign on a property which advertises the name and contact information of a contractor, vendor or service provider while such project or work continues, provided that such sign shall not exceed six square feet and shall be removed within seven days after cessation or completion of such work.

(14)

An A-frame or "sandwich board" style sign which does not exceed six square feet of signage on each side, provided that one such sign per business is displayed only during business hours in a location which shall be located within 10 feet of a business entrance and does not impede pedestrian safety.

Prohibited signs. Unless otherwise permitted in this chapter, the following signs are prohibited:

(1)

Signs which contain or consist of banners, inflatables, feather-type pennants, ribbons, streamers, spinners, other moving devices, or other similar devices and string of lights.

(2)

Signs which have blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, but not to include digital signs or electronic signs.

(3)

Signs illuminated by other than a stationary white or off-white steady light.

(4)

Signs which are attached to utility poles, trees, fences, or structures such as overpasses and bridges. Signs attached to other signs are prohibited unless such subsidiary portions are an integral part of the total sign design and part of the permit received from the Building Department.

(5)

Mechanically activated signs, other than rotating barberpoles.

(6)

Signs mounted on a vehicle or trailer chassis with or without wheels whose primary function is a sign for commercial advertising and not for the transport of goods or merchandise.

(7)

Any sign installed at or near an intersection which obstructs free and clear vision, or which by reason of its position, shape, and color or otherwise may create confusion or a hazard to pedestrian or vehicular traffic.

All freestanding signs identifying the property are required to have the physical street address on them to aid public safety agents in time of an emergency. Said street address may be part of or separate from the sign and shall not be included in the calculation of the sign's area, and the sign cannot obstruct sight lines.

[Added 5-24-2021 ATM by Art. 21]

§ 175-58.1 Residential districts.

In a residential district which consists of R20, R30, R40 Districts, the following signs are permitted:

One sign displaying the street address or name of the occupant on premises, or both, not exceeding two square feet in area.

One bulletin or announcement board or identification sign for a permitted nonresidential building or use, not more than 10 square feet in area. For churches and institutions, membership clubs, funeral establishments, hospitals, schools, other places of public assembly, community facilities or public utilities one bulletin or announcement board or identification sign not more than 10 square feet in area is permitted on each building.

One professional or home occupation sign (provided such professional use or home occupation is permitted), or one sign identifying a nonresidential building or use permitted in a residential district, not to exceed six square feet. When more than one business exists on a residential district site, the total area of signs on that site shall not exceed six square feet.

In R-20, R-30 and R-40 zoning districts, one sign identifying each public entrance to a subdivision or multifamily development such as apartments or townhouses, of not more than six square feet in area. In addition, each family unit may be identified by a single sign of not more than one square foot.

§ 175-58.2 Commercial and industrial districts.

In all other zoning districts, the following signs are permitted:

For a structure containing a single commercial or industrial business occupant and which is set back at least 30 feet from a street, a freestanding sign of an area not exceeding 32 square feet. Multiple occupancy business buildings may have one freestanding sign not exceeding 100 total square feet with signboards for tenants provided no sign/placard advertising a single tenant or the name of the building or commercial site may exceed 32 square feet. Where two or more businesses are located in a single building or within attached buildings or within a cluster of buildings sharing a common driveway, only one freestanding sign is permitted.

For a structure containing a single commercial or industrial business occupant, one sign paralleling the street or customer parking area and attached flat to the facade of the establishment advertised as long as such sign does not exceed one square foot in area for each horizontal foot of building frontage.

Multi-occupancy business buildings may also have wall signs per the following provisions:

(1)

Residential-style office or retail buildings. Each unit may have a wall sign near its exterior building entrance, not to exceed three square feet. All signs must be of similar size and design.

(2)

Multi-floor/multi-tenant industrial-style building. Each unit may have one wall sign not exceeding 32 square feet installed on the portion of the building the business occupies or near its building entrance. All signs must be of similar size and design.

(3)

Strip mall retail buildings. Each unit may have one wall sign not to exceed 20 square feet. All signs must be generally consistent with other signs on the building. Stores or businesses sharing common private parking facilities such as shopping centers and strip malls may also cooperatively display one ladder sign in view of the public way or site driveway not to exceed 100 square feet in area provided no sign/placard advertising a single tenant or the name of the building or commercial site may exceed 32 square feet. Such ladder sign shall be located adjacent to the parking entrance. One occupant may have a sign on such ladder with dimensions two times as large as all other occupants' signs. All other occupants' signs shall be of the same or similar dimensions.

Where there are three or more businesses on a lot, or there are businesses without an entrance on the street frontage, a directory sign may be permitted for the purpose of traffic direction and control. The size of the directory sign shall not exceed nine square feet plus 1 1/2 square feet per business establishment.

In TOD and CBD zoning districts one sign identifying each public entrance to a subdivision or multifamily development such as apartments or townhouses, of not more than 12 square feet in area.

Retractable or fixed awnings projecting from the wall of a building for the purpose of shielding the doorway or windows from the elements may include signage on the valance. Any signage on a valance shall be in one row only and such signage shall not be included in the calculation of the total permitted sign area for the business, provided that no lettering or symbol is greater than six inches in height.

Projecting signs may be substituted for wall signs with the following provisions:

(1)

All projecting signs on multi-occupancy buildings must be of similar size and design.

(2)

No projecting sign shall exceed eight square feet.

(3)

For businesses with entrances on more than one side of a building, a projecting sign shall be allowed to be installed on no more than two sides of the building.

Window signs may not occupy more than 25% of the total window area on any building wall.

Digital signs or electronic signs are allowed only by special permit from the Zoning Board of Appeals, and shall comply with the following minimum requirements:

(1)

Must be part of a nontemporary sign.

(2)

Messages may not be changed any less than once every 60 seconds, unless a longer time is required by the Zoning Board of Appeals.

(3)

Does not incorporate any form of scrolling, fading, or movement of any kind as part of the change of message.

(4)

Does not incorporate any form of animation, moving letters, flashing images or flashing lights.

(5)

Does not incorporate any form of chasing borders or animation of any kind in the sign structure or message.

(6)

Does not incorporate or use live or recorded video feed or sound.

(7)

Sign shall utilize auto dimming to external ambient light conditions.

When signage is part of site plan review pursuant to the Zoning Bylaw, the Planning Board shall review the types of signage, size and location associated with a project under site plan review to determine compliance with this Bylaw. As part of its review, the Planning Board may obtain the written opinion of the Building Department as to whether the proposed signs are in compliance with this Bylaw. Waivers may be granted by the Zoning Board of Appeals in accordance with § 175-58.3 of this Bylaw.

§ 175-58.3 Waivers.

Consideration may be given to an application for a sign or sign program that deviates from the fixed criteria allowed under this Bylaw. In such cases the merits of the specific application will be considered relative to the context in which the signage will be located, particular attention paid to: site distances, visibility, existing and proposed architecture, site and building entrances, neighborhood character, project scale, lighting and historic appropriateness.

A waiver of any regulation of this Sign Bylaw shall require a public hearing before the Zoning Board of Appeals, be thoroughly documented and shall not constitute precedent for similar signage on the same or any other property.

Public hearing. The Zoning Board of Appeals shall hold a public hearing within 45 days of the receipt of a complete application, and shall issue a written decision within 14 days from the time of the closing of the hearing, unless such time is extended by agreement between the applicant and the said Board of Appeals. Notice of the public hearing shall be given at least seven days prior to the hearing by publication and posting and by first class mail to abutters and abutters to the abutters within 300 feet of the property line of the subject property according to the most recent Assessors' listing.

The Zoning Board of Appeals may grant a waiver by a majority vote if the applicant sufficiently demonstrates to the Board that:

A literal enforcement of the provisions of this Sign Bylaw would involve hardship, financial or otherwise, to the applicant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this Sign Bylaw; and

That at least one of the two following conditions exists:

(1)

The proposed signage is designed to be harmonious with, and not harmful, injurious or objectionable to existing or future uses in the area; and

(2)

The unique conditions and circumstances are not the result of the actions of the applicant taken subsequent to the adoption of this Sign Bylaw.

§ 175-58.4 Temporary signs.

A sign permit from the Building Department is required for temporary signs. All temporary signs must be installed with permission of property owners and must be removed within the time specified by the Building Department or this Bylaw when the permit is issued. Temporary signs are not to be attached to a utility pole, traffic signs, fences, trees or other vegetation. The Building Inspector or his/her designee shall be authorized to remove and dispose of any signs on public property which violate this restriction.

Temporary signs shall not be illuminated.

Temporary signs shall be located on the property of the business or use they serve, except real estate signs, and shall be limited in size to eight square feet per side.

Temporary signs shall not be located on Town-owned property without written permission from the Town Manager or his designee.

Temporary signs to identify a new business or use, which comply with the requirements for permanent signs, shall be allowed for up to one year while a new business is being established.

A sign permit is required for temporary signs in all cases except for the following:

(1)

Political, ideological, charitable, civic or religious message signs with the permission of the property owner.

(2)

Yard sale signs being displayed no more than two days prior to the event and removed within 24 hours following the sale. Yard sale signs shall not be installed on Town-owned or publicly owned lands, including commons, parks and open space.

(3)

Contractor or vendor signs (up to six square feet in total area) being displayed while the specific contractor or vendor is actively at work, or for no more than seven days following final building permit inspection, completion or suspension of such work. Business event signs, such as advertising an intermittent "sale," agricultural or unique product, when such signs are in compliance with temporary sign regulations and are attached to or part of an approved sign framework.

(4)

Freestanding special event signs for institutional, religious or not-for-profit organizations, which comply with temporary sign regulations. Such signs are not to be displayed for more than two weeks prior to the event, and are to be removed within two days following the event. No more than one such temporary sign shall be displayed on the same property.

(5)

"Grand Opening," "Open House" or celebratory signs, such as to welcome a returning soldier, up to 25 square feet, which are displayed for not more than two weeks.

(6)

A single small window sign, which is less than 1.5 square feet in size, not illuminated, displayed for not more than two weeks, and not displayed in conjunction with any other temporary sign posted in a window at the same address.

(7)

Signs pertaining to the lease or sale of a lot or building, provided that such signs do not exceed a total area of six square feet, until such time as all lots, apartments or buildings have been rented or sold.

§ 175-58.5 Special provisions.

Off-premises sign. Requires a permit and a waiver from the Zoning Board of Appeals and must have the property owner's written permission.

§ 175-58.6 Definitions.

As used in this Bylaw, the following words shall have the meanings indicated:

AREA OF SIGN

The area of a sign shall include all lettering and accompanying symbols or designs, together with the background, whether open or enclosed, on which they are displayed. The area shall not include basic supporting framework and bracing.

The area of a sign painted directly upon a building shall include all lettering and accompanying designs or symbols, together with any background of a different color than the finished material of the building face on which the sign is painted.

The area of a sign consisting of individual letters or symbols painted or attached to a building, wall, or window shall be the area of the smallest rectangle or triangle which encompasses all of the letters or symbols.

A double-faced sign with a maximum of two faces shall be deemed to be one sign having an area equal to the area of one side.

BUILDING DEPARTMENT

The Building Inspector or his/her designee.

BUSINESS ESTABLISHMENT

An independent economic unit, in a single physical location, conducting a business.

DIGITAL OR ELECTRONIC SIGN

A computerized or otherwise programmable electronic visual communication device used for advertisement purposes for goods and services, specifically manufactured for the outside environment.

FRAMEWORK

A decorative and/or functional structure designed to securely hold a changeable temporary sign panel and constructed of material(s) and a theme that are compatible with the building, use, or site which they serve.

FREESTANDING SIGN

A sign which is not attached to a building.

ILLUMINATED SIGN

A sign whose surface is lighted, internally or externally, and which identifies, advertises or attracts attention to a use or activity on the premises.

ILLUMINATED SIGN (EXTERNALLY)

Sign where the source of the illumination is outside the sign and light is reflected off the surface of the sign.

ILLUMINATED SIGN (INTERNALLY)

Signs where the source of the illumination is inside the sign or from behind the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

OFF-PREMISES SIGN

Any sign which announces, advertises or gives directions to a business, commodity, service, activity or person elsewhere than the lot or building where the sign is located.

PROJECTING SIGN

A sign supported by a building wall that is attached perpendicularly or at an angle to the wall on which it is mounted.

SIGN

Any object, device, display or structure, or part thereof, which is placed outdoors or which is placed indoors but intended to be visible from the outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. "Sign" shall include, without limiting the generality of the foregoing, billboards, pennants, ribbons, streamers, moving devices, marquees, and similar devices. "Sign" shall not include national, state or municipal flags, athletic scoreboards, official announcements or signs of the government, or temporary holiday decorations customarily associated with any national, local or religious holiday.

TEMPORARY SIGN

A sign or advertisement designed and intended to be displayed for a limited period of time and not permanently mounted. Some examples of temporary signs include special event signs and construction signs.

§ 175-59 Severability.

The invalidity of any section or provision of this Bylaw, or its application to any sign, shall not invalidate any other section or provision, or the application of the Bylaw to any other sign.

§ 175-60 Interpretation; conflicts.

This Bylaw is not intended to interfere with, abrogate or annul any other bylaw, regulation, statute, or other provision of law. Where any provision of this Bylaw imposes restrictions different from those imposed by any other regulation, bylaw, or other provision of law, whichever provisions are more restrictive or impose higher standards shall apply.

Abington City Zoning Code

ARTICLE IX