Braintree City Zoning Code
ARTICLE IX
Rules and Regulations for Signs
§135-901 Purpose.
[Amended 5-16-2001 ATM by Art. 54; 3-17-2015 by Ord. No. 14-066(8)]
Pursuant to the authority conferred upon the Town by MGL c. 93, § 29, and MGL c. 143, § 3, the following is adopted for the signs and advertising devices other than billboards or digital/electronic billboards as defined in § 135-102, which require a special permit and are allowed only within the Billboard Overlay District as described in §§ 135-910-01 through 135-910-05 within the Town of Braintree, under the jurisdiction of the Zoning Board of Appeals. Whereas the objectives of aesthetics and traffic safety in the Town of Braintree are considered substantial governmental interests and serve as an adequate basis for a legitimate regulation of outdoor advertising displays, the Town of Braintree enacts the following bylaw.
§135-902 Definitions.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 40; 1-8-1990 STM by Art. 12; 5-16-2001 ATM by Art. 54]
For the purpose of this article, the following terms shall have the meanings indicated:
Any on-premises billboard, sign or other advertising device that advertises, calls attention to or indicates the person occupying the premises on which the sign is erected, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter.
The area of a sign shall be computed as the overall size of the display, including all backing, frames or casings. A double-faced sign shall be computed as the area of a single face, provided that all letters or characters on both faces are identical. Any sign made up of individual letters or characters shall be computed by multiplication of the overall length of all letters including spaces between letters by the average height of the letters or characters.
A commercial area is any area used for commercial uses as defined under the Zoning Bylaw and shown on the Zoning Map of the Town of Braintree as most recently amended.
Sign containing advertising designed to promote the sale of goods or services to the public.
The word "erected" shall include the words attached, built, constructed, reconstructed, altered, enlarged and/or moved.
Frontage is that portion of a building facing the access roadway. Access roadway shall be considered the side of a building to which the street address is applied.
A business facility with associated equipment to repair and service motor vehicles including, but not limited to, lubrication, tire changing machinery, diagnostic equipment, etc. This definition shall not include any specialty store or business that has an incidental sale of gasoline, such as convenience stores or auto part sales or car washing facilities or lubrication specialists, etc.
Any area included within a district zoned for general business as defined under the Zoning Bylaws and shown on the Zoning Map as most recently amended. It does not include any area within a district zoned for residential purposes under the Zoning Bylaw as herein defined, regardless of whether the area is being lawfully used or is available for such use through a variance granted by the Board of Appeal, or through a nonconforming use or by any other means.
A sign other than a billboard which does not extend or project into or over a public way and is supported by one or more uprights or braces that are in or upon the ground.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A highway business area is an area used for highway business uses as defined under the Zoning Bylaw and shown on the Zoning Map of the Town of Braintree as most recently amended.
A sign which is attached to a marquee.
Any sign or other advertising device, whether on premises or off premises, that does not come within the foregoing definition of an accessory sign.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
Sign containing any noncommercial message such as civic, philanthropic, charitable, religious, historic, cultural, recreational, political, ideological or advocacy messages and time, temperature, bus stop and traffic signs.
A sign other than a billboard which identifies a use, facility, or service which is not located on the premises, or identifies a product, service, activity, event, person, institution or business which either occurs, is generally conducted, or is sold, manufactured, produced or offered elsewhere than on the premises where such sign is located.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A sign which is erected and maintained according to the standards set forth in § 135-907 upon the same real property that the business facility or point of interest is located. Such a sign, if commercial, shall advertise only the business, facility, or point of interest conducted thereon, or the sale, rent, or lease of the property on which it is located.
An open space and conservancy area is any area used for open space conservancy uses as defined in this chapter and shown on the Zoning Map of the Town of Braintree as most recently amended.
The word "person" shall include one or more individuals, a partnership, an association or a corporation.
A sign other than a billboard which is affixed to a building or structure and extends 12 inches or more beyond the building wall, structure or parts thereof.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A residential area is for residential purposes under the Zoning Bylaw. It includes Districts A, B and C, as defined herein. This definition is applicable only to Article IX, Signs, of this bylaw.
A sign other than a billboard which is erected, constructed or maintained above the roof of a building and does not project more than 12 inches beyond the wall line of the building.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A sign means any structure, display, logo, device or representation which is designed or used to advertise or call attention to any thing, person, business, activity, or place and is visible from any public way. (It does not include the flag, pennant, or insignia of any nation, state or Town.)[1]
A sign or cloth or other combustible material with or without a frame, intended for a limited period of display.
A sign which is supported wholly or partially by an exterior wall of a building and extends not more that 12 inches therefrom.
A sign including display, lettering, logo or advertising message which is attached, painted or posted flat against window glass contained wholly within a window or similar architectural detail or opening on the primary or secondary facade of a building or structure. Such signs shall be allowed as hereinafter provided notwithstanding the provisions of § 135-907, Construction.
[Amended 5-3-1993 STM by Art. 13]
[1]
Editor's Note: The former definition of "Sign Review Board," which immediately followed this definition, as amended 10-26-1993 STM by Art. 15, was deleted 1-27-2003 STM by Art. 11A.
§135-903 Residential areas.
A.
Permitted signs in a residential area. No accessory sign shall be erected or maintained except as permitted herein. On-premises noncommercial signs may be erected and maintained without license, but subject to the following regulations. The following signs are permitted:
(1)
One sign displaying the street number or name of the occupant of the premises, or both, not exceeding one square foot in area. The sign may be attached to the building or may be on a rod or post not more than four feet high and at least three feet from the front lot line.
(2)
One bulletin or announcement board or identification sign for a permitted nonresidential building or use not exceeding 10 square feet in area. For churches, synagogues, schools or other institutions, two bulletin or announcement boards not to exceed 20 feet in area. Such sign may be located within the required front yard, but no closer to the front lot line than 1/2 the depth of said required front yard.
(3)
Two signs for a permitted hotel use or permitted nonresidential use, neither of which may exceed 20 square feet in area.
(4)
One sign in connection with a lawfully maintained nonconforming use, not exceeding 10 square feet in area.
(5)
One "For Sale" or "For Rent" sign, not exceeding four square feet in area, and advertising only the premises on which the sign is located.
(6)
One contractor's sign, not exceeding 10 square feet in area, maintained on the premises while a building is actually under construction.
(7)
Other temporary signs in connection with the construction or development of a building or lot, by permit of the Zoning Board of Appeals, which shall specify limits on the size and number of signs and length of time to be maintained.
[Amended 5-16-2001 ATM by Art. 54]
(8)
An unlighted temporary real estate sign advertising the rental or sale of the premises and not exceeding four square feet in area.
(9)
A professional sign not exceeding two square feet in area.
[Amended 5-18-1987 ATM by Art. 29]
(10)
A flagpole projecting from a building and not longer than eight feet; a roof flagpole not more than 12 feet above the top of the building; a ground flagpole not exceeding 35 feet in height, for any national, state or organization colors.
(11)
Signs not exceeding two square feet in area which indicate warnings, hazards or public conveniences such as trespass, beware of dog, or rest room signs.
(12)
Any sign requested by any board, commission, department or agency of the Town designated to be directional or concerned with safety of the public or a public convenience. Said request shall be filed in writing with the Zoning Board of Appeals.
[Amended 5-18-1987 ATM by Art. 29; 5-16-2001 ATM by Art. 54]
B.
Prohibition of off-premises commercial signs. All off-premises commercial signs are prohibited.
§135-904.1 General business area.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 40; 5-3-1993 STM by Art. 13; 5-16-2001 ATM by Art. 54]
A.
Permitted signs. In a general business area, accessory signs and on-premises commercial signs are subject to the regulations set forth below.
(1)
Ground signs.
(a)
No ground sign shall exceed 60 square feet in area and 20 feet in height. The bottom capping of all ground signs shall be at least 30 inches above the ground.
(b)
Not more than one ground sign for each building lot shall be permitted, unless the Zoning Board of Appeals allows more than the number of signs herein permitted. Said Board may permit additional ground signs or of a larger area if it determines that the nature of the use of the premises, the architecture of the building or the location with reference to the street is such that additional ground signs or area thereof should be granted in the public interest. In shopping malls or other comparable multibuilding commercial centers, more than one ground sign may be permitted at major street entrances provided such entrances are more than 250 feet apart.
(2)
Marquee signs.
(a)
No marquee signs shall exceed 150 square feet in area. Such signs shall not exceed four feet in height nor shall they project below the fascia of the marquee nor lower than 10 feet above the sidewalk.
(b)
Not more than one marquee sign for each store or building shall be permitted. A permitted marquee sign shall extend 2/3 of the length of the building fascia but in no event shall it project beyond the ends of the marquee.
(3)
Roof signs. No roof signs shall be permitted.
(4)
Projecting signs. No projecting signs which extend over the public way shall be permitted.
(5)
Wall signs.
(a)
No wall sign shall be more than four feet overall in height and a wall sign shall not exceed the lesser of 150 square feet or one square foot in area for each linear foot of frontage for each business. Wall signs of business occupying other than the first floor shall not exceed 48 square feet in area.
(b)
Not more than one exterior wall sign for each store or business shall be permitted, except that if a store or business has a direct entrance into the store or business on a wall other than the store front, there may be a secondary wall sign affixed to such wall; however, no store or business shall have more than two such secondary wall signs in any event, provided that the total aggregate area of all such secondary wall signs shall not exceed 50% of the maximum permissible area allowed above. A directory wall sign identifying the tenants and occupants of a building affixed to the exterior wall of the building shall not be included in the foregoing. Such directory wall sign shall not exceed an area of one square foot for each occupant or tenant. No wall sign shall be erected to extend above the top of the exterior wall, nor extend beyond the ends of the wall to which it is attached. Further the lower edge of such wall sign shall not be lower than nine feet above the grade line of an immediately adjoining building lot.
(6)
Lease, for rent, construction signs. Any sign designed to advertise for lease and/or for rent shall be restricted to the sizes defined in § 135-904. Only one such sign shall be allowed on any building and will be subject to the provisions of § 135-906. No real estate signage will be allowed for more than six months after permanent signage is granted by the Zoning Board of Appeals. Construction signs may be allowed for the period of time the building is under construction. Size limits of construction signs shall be determined by the Zoning Board of Appeals at the time of application, but no sign larger than 60 square feet shall be permitted. Said signs shall be subject to the times and fees prescribed in § 135-906.
(7)
Window sign.
(a)
Permanent window signs shall not occupy more than 20% of the total area of the window or other architectural detail or opening in which they are displayed. If the lettering in such display occupies more than three inches in height it shall be debited against the total allowable wall sign area permitted for each business or building facade.
(b)
Temporary window signs shall not occupy more than 15% of the total area of the window in which they are displayed. Such signs are considered temporary for the purposes of this section if the sign is applied or displayed for a limited period.
B.
Prohibition of off-premises commercial signs. All off-premises commercial signs are prohibited.
§135-904.2 Highway business area.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 5-3-1993 STM by Art. 13; 5-16-2001 ATM by Art. 54]
A.
Permitted signs. In a highway business area, accessory signs and on-premises commercial signs are subject to the regulations as set forth below:
(1)
Ground signs.
(a)
No ground sign shall exceed 150 square feet in area.
(b)
No ground sign shall exceed 35 feet in overall height.
(c)
The bottom capping of any ground sign shall be 24 inches above ground level.
(d)
No more than one ground sign visible to the major artery for a lot shall be permitted.
(e)
A sign visible to the major artery shall contain the name and address of the user of the property and contain no other advertising material or any commercial message unless specifically authorized by the Zoning Board of Appeals.
(f)
One ground sign visible to the road or way which provides direct access to the property may be permitted. Said ground sign shall be no larger than 60 square feet in area and be no more than 20 feet in overall height. Bottom capping of sign shall be no less than 24 inches above ground level.
(g)
One secondary ground sign may be permitted by the Zoning Board of Appeals if it determines that the nature of the use of the premises, the architecture of the building, or the location with reference to the street or way is such that additional ground signs should be granted in the public interest. The total of all ground signs visible to the access road shall not exceed 150 square feet in area.
(2)
Marquee signs. No marquee signs shall be permitted.
(3)
Roof signs. No roof signs shall be permitted.
(4)
Projecting signs. No projecting signs which extend over a public way shall be permitted.
(5)
Wall signs.
(a)
No wall sign shall exceed 150 square feet in area.
(b)
No wall sign shall exceed four feet in overall height.
(c)
No wall sign shall be visible to the major highway, if a ground sign has been permitted.
(d)
A permitted wall sign visible to the major highway shall contain the name and address of the user of the property and contain no other advertising material or commercial message unless specifically authorized by the Zoning Board of Appeals.
(e)
Sign area is further limited to one square foot of signage per linear foot of frontage. Said frontage shall be the linear feet of the building which faces the access roadway.
(f)
Wall signs for businesses occupying other than the first floor may be permitted by the Zoning Board of Appeals. Said permit shall require the written permission of the owner of the property. Secondary wall signs shall not exceed 48 square feet in area. No more than two such secondary wall signs shall be allowed for any building.
(g)
No more than one wall sign for each store or business occupying a building shall be permitted. The aggregate total of all signage allowed shall not exceed 150 square feet in area. Sign permit may be issued only after written permission for said signs is authorized by the Zoning Board of Appeals.
(6)
Lease, for rent, construction signs.
(b)
No temporary lease or rent sign shall be permitted to display visibly to the major roadway after any permanent signage is permitted for the property.
(c)
Temporary lease or rent signs may be displayed and visible to the access roadway for no longer than six months after permanent signage is permitted.
(d)
Construction signs may be permitted only for the length of time the building is actually under construction.
(e)
The size of construction signage and exact wording of said signs shall be determined by the Zoning Board of Appeals at the time of application.
(7)
Window sign.
(a)
Permanent window signs shall not occupy more than 20% of the total area of the window or other architectural detail or opening in which they are displayed. If the lettering in such display occupies more than three inches in height it shall be debited against the total allowable wall sign area permitted for each business or building facade.
(b)
Temporary window signs shall not occupy more than 15% of the total area of the window in which they are displayed. Such signs are considered temporary for the purposes of this section if the sign is applied or displayed for a limited period.
(8)
Billboards and digital/electronic billboards.
[Added 3-17-2015 by Ord. No. 14-066(10)]
(a)
Billboards and digital/electronic billboards, as defined in § 135-102, shall be allowed within highway business areas which are designated as the Billboard Zoning Overlay District as defined in §§ 135-910-01 through 135-910-05, only by grant of a special permit issued by the Planning Board. The Planning Board may limit the permit for a specific term of years;
(b)
No billboard shall be located more than 100 feet from any interstate highway layout and shall not be within 300 feet of another billboard;
(c)
All billboards must be permanently affixed to a pedestal or other main support structure. No portable billboards are permitted. Billboards shall not be placed on roofs or walls of buildings;
(d)
Exposed back of signs, poles or other support structures must be painted and maintained in a manner that appropriately blends with the surrounding buildings and landscape;
(e)
A billboard may be double sided. An individual sign or sign face shall not exceed 750 square feet in total area on each side and shall not exceed 15 feet in height and 50 feet in width, as calculated pursuant to this chapter.
(f)
The top of the billboard shall not exceed 75 feet in height from the ground.
B.
Prohibition of off-premises commercial signs. All off-premises commercial signs are prohibited.
§135-904.3 Commercial area.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 1-8-1990 STM by Art. 12]
§135-904.4 Open space and conservancy areas.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 5-16-2001 ATM by Art. 54]
A.
Permitted signs.
(1)
In an Open Space and Conservancy District, no signs will be permitted except street signs and safety signs designed to inform the public of hazards, and name and street number for any authorized building in said district. Any sign in an Open Space and Conservancy District must be authorized in writing by the Conservation Commission and permitted by the Zoning Board of Appeals.
B.
Prohibition of off-premises commercial signs. All off-premises commercial signs are prohibited.
§135-904.5 Special regulations for gasoline service stations and repair garages only.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39]
A.
Gasoline service stations and repair garages may be permitted signs subject to the regulations set forth below.
(1)
Service stations or garages located in a general business area, a highway business area, or an industrial area may be allowed signs only after review and as permitted by the Zoning Board of Appeals.
[Amended 5-16-2001 ATM by Art. 54]
(a)
One ground sign containing the logo of the oil company.
(i)
In a general business area said ground sign shall not exceed 60 square feet in area and shall be no higher than 20 feet above ground level.
(ii)
In a highway business area, not within the Billboard Overlay Zone, or industrial area said ground sign shall not exceed 150 square feet and shall be no higher than 40 feet above ground level.
[Amended 3-17-2015 by Ord. No. 14-066(11)]
(c)
One permanently fixed sign advertising lubrication products not exceeding 12 square feet in area.
(d)
One permanently fixed sign advertising accessories, e.g., tires, wipers, etc., not exceeding 12 square feet in area.
(e)
One permanently fixed sign advertising services, e.g., lube, oil change, mufflers, etc., not exceeding 12 square feet in area.
(f)
One wall sign displaying the name and/or company logo on the building not exceeding 150 square feet or one square foot of signage per each linear foot of building fronting on a way, whichever is least.
(g)
Any other signage attached to canopies, coverings, pumps, etc., authorized by the Zoning Board of Appeals which is designed to assist or advise the public and required by state law as to the type of product. Such additional signage shall not exceed 150 square feet in aggregate total.
[Amended 5-16-2001 ATM by Art. 54]
B.
Prohibition of off-premises commercial signs. All off-premises commercial signs are prohibited.
§135-904.6 Village Zoning Overlay District: rules and regulations for signs.
[Added 5-14-2002 STM by Art. 14]
Sign regulation. Applicants subject to the Village Zoning Overlay District shall comply with all provisions of the sign regulations as stated in Article IX, §§ 135-901 to 135-911 except for the following:
(a)
Signs defined as "ground signs" shall not exceed 12 feet in height.
(b)
Signs defined as "window signs" shall not exceed 10% of the window or other architectural detail.
(c)
Signs defined as "wall signs" shall not exceed two feet in height.
(d)
Sign material should be consistent with the original construction materials and architectural style of the existing or proposed building on which each sign is to be displayed.
§135-905 Illumination.
[Amended 5-16-2001 ATM by Art. 54; 3-17-2015 by Ord. No. 14-066(12)]
Moving, flashing or animated signs are prohibited except for a minimum of sixty-second intervals needed for the functioning of a clock, thermometer or calendar. Automatically or manually continuous changing message signs are not permitted. The source of illumination for any sign shall be a white, steady, stationary light of reasonable intensity, shielded and directed solely at the sign, or a white interior light of reasonable intensity; however, neon tubes or similar devices are not permitted. No illuminated or spotlighted sign shall extend over a street nor shall any sign be permitted which will obstruct the free and clear vision of those traveling on a street. No sign may be illuminated between 1:00 a.m. and 6:00 a.m., except signs identifying police or fire stations or other such signs as the Zoning Board of Appeals may specifically authorize to be illuminated at other hours, if the Zoning Board of Appeals finds that the nature of the use on the premises is such that such illumination should be permitted in the public interest. No outdoor floodlighting or decorative lighting shall be permitted except lighting designed to illuminate walks, driveways, doorways, outdoor living areas or outdoor recreational facilities and excepting temporary holiday lighting in use for no longer than a four-week period in any calendar year, except for decorative floodlighting on institutional or historic buildings and on the national and state colors. The provisions of this paragraph shall apply not only to exterior signs but also to interior signs that are designed or placed so as to shine through windows or doors of the building. Billboards, as permitted pursuant to §§ 135-910-01 through 135-910-05, may, by special permit, utilize light-emitting diodes (LEDs), plasma or other technology to automatically change a display or message.
§135-906 Temporary signs
[Amended 5-18-1987 ATM by Art. 29; 5-16-2001 ATM by Art. 54; 1-27-2003 STM by Art. 11D]
Temporary signs which comply with this bylaw are permitted in all districts as specified herein. Before a temporary sign shall be erected or displayed, a permit shall be obtained from the Inspector of Buildings of his designee. A fee of $25 shall be required for such a temporary sign permit. No temporary signs except political signs shall be attached to or supported by a portable contrivance, wheeled or not wheeled. No vehicle, trailer, balloon, kite, boat, pennant, flag or similar device shall be used as a temporary or permanent means of exhibiting a sign which may circumvent or derogate from the intent of this bylaw. Temporary signs shall be freestanding and not attached to any building, tree, post or other such means. The construction of the sign or signs shall be to the satisfaction of the Inspector of Buildings or his designee as to material and public safety.
§135-907 Construction.
No sign shall be painted or posted directly on the exterior surface of any wall, including windows and doors. All signs must be painted or otherwise securely affixed to a substantial intermediary removal surface and such surface shall be securely affixed to the wall of a building. This shall not prevent, however, installation of a sign by individual letters cut or squarely affixed to the outside wall of a building. The affixing of the sign to intermediate surface and of the intermediary surface to the wall of the building shall be subject to the approval of the Inspector of Buildings.
§135-908 Administration.
[Amended 5-18-1987 ATM by Art. 29; 10-26-1993 STM by Art. 15; 5-16-2001 ATM by Art. 54]
A.
Permits. No sign shall be erected on the exterior of any building or on any land unless and until an application for the erection of such sign has been filed with the Inspector of Buildings and or the Code Compliance Officer, with such information and drawings as he may require, and a permit for the erection of the sign has been issued by him. The fee for such permits shall be determined from time to time by the Board of Selectmen of the Town. The provisions of this section shall not apply to:
(1)
In residential areas, permitted signs, except such as by the terms of the Zoning Bylaws are permitted only with specific permission from the Zoning Board of Appeals.
(2)
In business areas, one real estate sign of not over six square feet in total area advertising the sale or rental of the premises on which it is located.
(3)
Billboards are only allowed within the Billboard Overlay Zone as described in §§ 135-910-01 through 135-910-05, by special permit issued by the Planning Board.
[Added 3-17-2015 by Ord. No. 14-066(13)]
B.
Appeal. A person aggrieved by the refusal of the Inspector of Buildings to issue a permit for the erection of a sign or by any order of the Inspector of Buildings under this bylaw may appeal to the Zoning Board of Appeals. The provisions of the Zoning Bylaw as to the time for taking such appeal and as to the notice of and hearing thereon shall be the same as appeals which are otherwise made under the Zoning Bylaw to the Zoning Board of Appeal.
(1)
The Zoning Board of Appeals hearing appeals from the refusal of the Inspector of Buildings to issue a permit for the erection of a sign or from the decision of the Inspector of Buildings under this section shall have the right to grant relief from the bulk and dimensional requirements of Article IX, upon a determination that a legitimate hardship, financial or otherwise, exists which specifically relates to the shape, topography, soil condition or uniqueness of the land, building or structure to which the sign is placed or affixed and which does not derogate or detract from the goals and purposes expressed in this article or the Zoning Bylaw.
C.
Enforcement. The Inspector of Buildings is hereby designated as the officer in charge of the enforcement of this bylaw and the provisions of the Zoning Bylaw shall apply to this bylaw.
§135-909 Nonconforming signs.
[Amended 5-18-1987 ATM by Art. 29]
A.
Nonconformance of accessory and nonaccessory signs. Accessory signs legally erected before the adoption of this article shall be exempt from its provisions; provided, however, that no such sign shall be permitted if it is, after the adoption of this article, enlarged, redesigned or altered in any way, excluding repainting, except to conform to the requirements of this article and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed 35% of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this article. Any exemption provided in this § 135-909 shall terminate with respect to any sign which:
(1)
Shall have been abandoned;
(2)
Advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or
(3)
Shall not have been repaired or properly maintained within 30 days after notice to that effect has been given by the Inspector of Buildings. The time for performance of any act required shall be extended by a period equal to any delay caused by or resulting from act of God, war, civil commotion, fire, casualty, labor difficulties, shortages of labor, materials, or equipment, government regulations, act or default of Town, or other causes beyond such party's reasonable control, whether such time be designated by a fixed date, fixed time, or otherwise, provided affected parties give written notice to the Town within 10 days after occurrence of the event giving rise to applicability of this section. Shortage of funds shall in no event be deemed a cause for delay.
B.
Notwithstanding Paragraph A, any accessory sign not in conformance with § 135-905 of this article must conform within two years after the adoption of this article.
C.
Notwithstanding Paragraph A, any painted wall sign, roof sign or projecting sign existing prior to the adoption of this bylaw shall be brought into conformance with the provisions of this bylaw within two years after the adoption of this article.
D.
Nonaccessory signs not conforming with the provisions of this article shall be removed within two years after the adoption of this article.
§135-910-01 Billboard Zoning Overlay District.
[Added 3-17-2015 by Ord. No. 14-066(14)]
The Town of Braintree shall have a designated Billboard Zoning Overlay District (BZOD), as established pursuant to § 135-301 (Districts established), described herein and as shown on the Braintree Zoning Map, as most recently amended and on file in the office of Town Clerk.
§135-910-02 Purpose.
[Added 3-17-2015 by Ord. No. 14-066(14)]
The Billboard Zoning Overlay District is a set of requirements which are superimposed over the Highway Business Zoning Districts located along Route 93 and Route 128 as shown on the approved Zoning Map as the designated Billboard Zoning Overlay District. The BZOD shall establish reasonable standards in accordance with the following purpose and intent:
1.
Responsibly address the changing technology of digital displays, and the Town desires to regulate this technology as applied in the use of off-premises signage.
2.
To allow new technologies in a designated area while working through special permit and other means to address the removal of older static type billboards Town-wide in lieu of new installations.
3.
To regulate the quality, scale and impact of off-premises commercial billboards in designated receiving areas in order to maintain both a competitive business market and an aesthetically attractive residential community.
4.
To encourage the installation of commercial billboards along the designated highways in accordance with the federal Highway Beautification Act as most recently amended.
5.
To encourage the siting of commercial billboards and electronic/digital billboards in such locations that will not cause driver distraction but can provide public service announcements in emergency situations for the safety and welfare of the general public.
6.
To preserve the residential character of the Town and protect the environmental, historic and open space resources of the community by designating defined areas of location that minimize potential adverse impacts to the Town.
§135-910-03 Special permit granting authority.
[Added 3-17-2015 by Ord. No. 14-066(14)]
The special permit granting authority (SPGA) for §§ 135-910-01 through 135-910-05 of the Zoning Ordinances shall be the Braintree Planning Board.
§135-910-04 Applicability.
[Added 3-17-2015 by Ord. No. 14-066(14)]
Any installation of an off-premises billboard shall require special permit approval.
All special permit applications shall be submitted in accordance with the administrative procedures specified under Article V and outlined in MGL Chapter 40A.
§135-910-05 Special permit criteria.
[Added 3-17-2015 by Ord. No. 14-066(14)]
The SPGA shall not render a decision on an application for a special permit until it has made its findings. Said findings shall include but not be limited to the following:
1.
Demonstrate compliance with the regulations of the Office of Outdoor Advertising.
2.
Demonstrate that no residentially zoned property or pre-existing nonconforming property or other property used for residential purposes, excluding hotels or motels, is within a one-thousand-foot radius of the proposed location.
3.
Demonstrate that the proposed location does not adversely interfere with the use of adjacent properties, including, but not limited to, increasing noise or vibration, casting a shadow on or causing a flicker on adjacent properties.
4.
Demonstrate that the proposed billboard is in harmony with or suitable for the surrounding area and would not do significant damage to the visual environment. In making the determination, the special permit granting authority may consider, among other factors, health, safety, general welfare of the public, the scenic beauty of the area, the physical, environmental, cultural, historical or architectural characteristics of the location and area, proximity of the proposed billboard to schools, or places of worship or open space, architectural characteristics of the location and area, the structure, height, and size of the sign, and the number of signs on the premises and in the area where the billboard is to be located.
5.
No flashing lighting shall be allowed. Flashing shall be defined as changing natural or artificial light or color effects by any means except as may occur when panels or messages change on electronic/digital billboards.
7.
The Planning Board shall determine the amount of annual hours the billboard shall devote to public service announcements during a calendar year.
8.
Financial or other compensation to the Town, including but not limited to removal of existing nonconforming billboards, to mitigate the impact of the proposed billboard on the Town, in a form and/or amount identified in an agreement approved by the Office of the Mayor and the Town Solicitor.
§135-911 Severability. [1]
§135-912 Exemption. [1]
The provisions of this bylaw shall not apply to any sign, the face of which will not exceed 12 inches in height and 18 inches in width, erected pursuant to the Adopt an Island Program to be administered by the Board of Selectmen or its designee.