This article is adopted for the regulation and restriction of signs within the City of Brockton intended to be viewed from public vehicular and pedestrian right-of-ways in order to protect and enhance the visual environment of the city and the safety, convenience and welfare of its residents, and to prevent or minimize danger to the environment.

(Code 1965, § 27-62; Ord. No. D137, 8-27-81)

For the purposes of this article, the following definitions shall be used in its interpretation and construction:

Copy. Pictorial design, symbol, word content, message, etc. to be displayed on a sign surface.

Erect. This term shall mean attach, alter, build, construct, reconstruct, enlarge or move, and shall include the painting of wall signs, but does not include copy changes on any sign.

Maintain. To permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure or any part of either.

Sign. Any structure, device, light, letter, work, model, banner, pennant, insignia, trade flag, or representation which is designed to be seen from outside a building and which is used for the attraction of the public to any place, subject, person, firm, corporation, public performance, service, article, machine or merchandise whatsoever, including signs in windows or doors, but excluding window display or merchandise and signs incidental to the display of merchandise.

However, a "sign" shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, public or parochial school or religious group.

(a)

Accessory sign—Any sign that advertises or indicates the entity occupying the premises on which the sign is erected or maintained or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent.

(b)

Non-accessory sign—Any sign which directs attention to a person, business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.

(c)

Animated, flashing or moving signs—Refer to section 27-65(1).

(d)

Awning sign—A sign on or attached to a temporary retractable shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

(e)

Canopy sign—A sign on or attached to a permanent overhanging shelter which projects from the face of a building and is supported only partially by said building.

(f)

Marquee sign—A sign on or attached to a permanent overhanging shelter which projects from the face of a building and is entirely supported by said building.

(g)

Projecting sign—A sign which is affixed at an angle to a building or structure and extends twelve (12) inches or more beyond the building line.

(h)

Roof sign—A sign which is erected, constructed or maintained above the roof or on top of or above the parapet of a building and does not project more than twelve (12) inches beyond the wall line of the building.

(i)

Standing sign—Any accessory sign that is not attached to a building and which does not extend or project into or over a public way and which is supported by one or more uprights or braces that are in or upon the ground.

(j)

Temporary sign—A sign which is not permanently affixed and is intended for a limited period of display. All devices such as banners, pennants, flags (not intended to include flags of any nation, state, county, municipality, public or parochial school or religious group), sandwich type signs, sidewalk or curb signs or balloons or other air or gas filled figures.

(k)

Temporary window or building sign—A sign painted in the interior of a window or constructed of paper, cloth or other like material and attached to the interior side of a window or displayed on the exterior of a building wall in order to direct attention of persons outside the building to a sale of merchandise or a change in the status of the business.

(l)

Wall sign—A sign which is supported wholly by or painted on to an exterior wall of a building, is parallel to the building wall and extends not more than twelve (12) inches from the building line.

(m)

Window sign—A sign painted or placed on the inside or outside of the glass of a window for purposes of viewing from outside the premises. This term does not include window display of merchandise or signs incidental to the display of merchandise.

Sign, area of.

(a)

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.

(b)

The area of a 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 geometric figure which encompasses all of the letters and symbols (copy area).

(c)

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.

(d)

Where signs are placed back-to-back, only one face wall will be considered as area. If there is a difference, the larger sign will be counted.

Sign frontage. The length in feet of the ground floor level of a building front or side visible from a street or right-of-way accessible from a street that is occupied by an individual business.

Outdoor advertising board. The Outdoor Advertising Board of the Commonwealth of Massachusetts or any board or official which may hereafter succeed to its powers or functions.

(Code 1965, § 27-63; Ord. No. D137, 8-27-81)

(1)

Enforcement. Superintendent of buildings is hereby authorized to enforce this article. He is authorized to order the repair or removal of any sign and its supporting structure which, in his judgment, is dangerous or in disrepair or which is erected or maintained contrary to this article. Whenever a new superintendent of buildings is designated, he shall send his name and address to the outdoor advertising board.

(2)

Permits and Fees. Except as otherwise provided in this article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the superintendent of buildings as required by this article. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this article and the building code of the Commonwealth of Massachusetts. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this article on the date of its adoption unless and until the sign is altered or relocated.

(a)

Permit Application. Application for a permit shall be made in writing upon forms provided by the Building Department and shall state the following information:

i.

Name, address and telephone number of the applicant.

ii.

Name, address and telephone number of the sign owner.

iii.

Location by street number and legal description (assessor's map and plot number) of the building, structure or lot to which or upon which the sign is to be installed or affixed.

iv.

A drawing or drawings to scale showing the design of the sign, including dimensions, minimum height and maximum height, and showing the relationship to any building or structure to which it is or is proposed to be installed or affixed or to which it relates.

v.

A fully dimensioned plan to scale indicating the location of the sign relative to property lines, rights-of-way, streets, sidewalks and other buildings or structures on the premises.

vi.

Number, size and location of all existing signs pertaining to the same use.

vii.

Plans and Specifications: Any sign twelve (12) feet or over in height above average adjoining grade, or any free-standing sign with an area of over sixty (60) square feet, or any roof signs, projecting signs or marquee signs shall have structural drawings and specifications, including foundations, submitted by a registered professional engineer. (State Building Code, section 1402.4).

viii.

Applications may be made by tenant or owner, however ultimate responsibility for maintenance or removal is that of the property owner.

(b)

Permit fee. For each sign erected, constructed, enlarged, moved or converted the sign permit fee shall be ten dollars ($10.00), plus an additional twenty-five cents ($0.25) per square foot. All work encompassed by the permit must be completed within a period of one year from the date of issuance, at which time the permit becomes invalid. The fee must be paid before any such permit is issued.

(c)

Issuance—Denial. The superintendent of buildings shall issue a permit for the erection, alteration or relocation of a sign within the city when an application thereof has been properly made and the sign complies with all appropriate laws and regulations of the city and state. When a sign permit is denied by the superintendent of buildings, he shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.

(d)

Mis-statement of Fact or Fraud. The superintendent of buildings may, in writing, suspend or revoke a permit issued under the provisions of this Section whenever the permit is issued on the basis of a mis-statement of fact or fraud.

(e)

Appeals. Appeals can be made according to the provisions of article VII, section 27-48 of this chapter.

(3)

Special Permits. The board of appeals may grant a special permit for a sign according to the provisions of article VII, section 27-49 of this chapter.

(4)

Exemptions. A permit shall not be required for:

(a)

Signs allowed in residential zones under section 27-69(1), provided they do not project over a public right-of-way and are non-illuminated.

(b)

Real estate signs advertising the lease, sale or rental of a lot or building, provided that there be no more than one such unlighted sign for each lot or building and that such sign does not exceed twelve (12) square feet in residential districts and thirty-two (32) square feet in commercial or industrial districts. Any such sign shall be removed by the owner within seven (7) days of the date the agreement to purchase, lease or rent has been signed.

(c)

Signs erected in connection with the new construction or alteration of a building, identifying only the building, owner, architects, engineers, contractors and other individual firms involved in the construction and/or proposed use of the building, provided (i) that such signs be located only on the site of the construction work, (ii) that there be no more than one such sign for each construction site, (iii) that such signs shall not exceed thirty-two (32) square feet, and (iv) that such signs shall be removed by the owner within thirty (30) days of completion of construction or alteration.

(d)

As defined in the state building code (section 1403), government building signs, wall signs erected on a building or structure no more than one square foot in area, transit directions, street signs and special displays.

(e)

Temporary, non-illuminated window or building signs. Temporary signs pertaining to special sales or events lasting no more than fifteen (15) days may be affixed to windows provided that their total area does not exceed thirty (30) percent of the window.

(f)

The changing of the copy of a sign, bulletin board, poster board, display encasement or marquee where no structural and/or electrical changes are made; changes of interchangeable letters on signs designed for use of interchangeable letters.

(g)

Warning or notice-type signs, such as "no trespass", "private driveway" and "no dumping" signs, when such signs do not exceed four (4) square feet in area, are not illuminated and do not project over a public right-of-way.

(h)

Directional or instructional signs necessary for public safety or convenience, such as signs identifying rest rooms, public telephones, walkways, and signs providing direction, such as parking lot entrance and exit signs, provided that such signs are located entirely on the property to which they pertain, do not bear any advertising and do not exceed four (4) square feet in area.

(i)

Seasonal or holiday signs, such as Christmas decorations, and those used for an historic holiday and installed for a limited period of time.

(j)

Sign on the exterior of a building indicating whether a business is open or closed provided, however, that no more than one (1) such exterior sign per business shall be allowed;

(k)

Balloons or other air or gas filled figures provided however that balloons shall be limited to twenty-five (25) per business and shall not be longer than twelve (12) inches in diameter and shall not be displayed for more than fifteen (15) days.

(l)

Pennants provided, however, that pennants shall be limited to twenty-five (25) per business and shall be no more than three (3) square feet in area.

No such exempt sign or structure is allowed to be erected or maintained which, according to the superintendent of buildings creates a hazard to public safety.

(5)

Reports to Outdoor Advertising Board and the Public. On or before April 1 in each year, the superintendent of buildings shall prepare a list of non-accessory signs within the city which do not conform to the requirements of this Article as of December 31 of the preceding year. Such list shall specify for each sign the state permit number, if any. Such list may also contain any additional information which the outdoor advertising board may reasonably request in writing. A copy of such list shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a period of at least three (3) months, beginning on May 1 of each year, in the office of the city clerk.

(6)

Inspection of Signs. Each sign requiring a sign permit for construction or alteration must be inspected in accordance with section 1405.3 of the state building code.

The building department shall keep a file of all existing signs in the city for which a permit has been issued or for which a permit is required.

(Code 1965, § 27-64; Ord. No. D137, 8-27-81; Ord. No. D163, 9-29-83; Ord. No. G034, § 1, 12-11-06)

(1)

Movement. No sign shall contain, include or be illuminated by an intermittent, flashing, animated or moving light or lights, except such portions of a sign as consist solely of indicators of time and/or temperature or other public service information, and which change not more than every ten (10) seconds, provided that said public service information sign shall be permitted only if the superintendent of buildings and the traffic commissioner shall determine that the sign is not a hazard to traffic and otherwise complies with this article.

No sign shall contain visible moving or moveable parts.

(2)

Illumination. No sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless, in the case of an accessory sign, the premises on which it is located are open for business. Signs may be illuminated only by the following means:

(a)

By a steady, stationary light shielded and directed solely at the sign; or

(b)

By interior, non-exposed lights.

(3)

Interference with Traffic Control or Warning Signals. No sign shall contain red, yellow or green lights if such colors would in the opinion of the traffic commissioner constitute a driving hazard. Any imitation of official traffic signs or signals are prohibited. No person shall erect or maintain any electric sign or similar device that interferes with the visibility of any official traffic control or warning signal.

(4)

Projection Over Public Ways. No person shall place or maintain signs or advertising devices projecting more than twelve (12) inches over the line of any sidewalk of the city without permission of the city council. No sign projecting over a sidewalk shall be less than ten (10) feet from the ground at its lowest part, nor more than four (4) feet from the building line, nor in any case beyond a vertical plane two (2) feet inside the curb line.

(5)

Safety. No sign shall be erected so as to obstruct free ingress to or egress from a required door, window, fire escape or other required exitway element. (Section 1404.21 of the state building code). Insofar as practicable, all signs shall be designed and placed to minimize the fear and probability of personal harm or injury by increasing the potential surveillance by neighboring residents and passersby of any accident or attempted criminal act.

(6)

Projecting Signs. All projecting signs shall comply with the following provisions:

(i)

Such sign shall be attached at right angles to the building except when attached to the corner of a building.

(ii)

Such sign must advertise for a use which occupies at least eighteen (18) feet of sign frontage.

(iii)

Such sign shall have no more than two (2) faces.

(iv)

Such sign shall project no more than four (4) feet from the vertical wall to which it is attached.

(v)

The top of such sign must be no higher than whichever is lower: twenty-five (25) feet above grade or the cornice, parapet or roof line of the building.

(7)

Wall signs. All wall signs shall be attached parallel to a building and shall not project more than twelve (12) inches from the building surface. Furthermore, the top of the sign must be no higher than whichever is lower:

Twenty-five (25) feet above grade or the cornice, parapet or roof line of the building.

(8)

No sign shall have exposed guy wires, tumbuckles or angle irons. Where exterior bracing is needed to meet the structural requirements of the state building code, decorative rod-type or wrought iron mounts or ornamental sway-braces are allowed.

(9)

Roof Signs and V-Shaped Signs. Roof signs and V-shaped signs are not permitted. No sign shall extend above the roof, cornice or parapet line of a building to which it is attached. The pitched part of a mansard roof shall be considered part of the wall below it.

(10)

Maximum Height Above Ground. No standing sign shall be erected or maintained which projects more than thirty (30) feet above the ground level directly below the top of such sign unless a more stringent provision applies, in which case it will prevail. Height shall be measured vertically from the average grade nearest the supporting upright(s) or column(s) to the highest point of the sign.

(11)

Standing Sign Setbacks. A minimum yard setback of three (3) feet is required for standing signs for single and two-family detached dwellings. All other standing signs shall be located so as to provide and maintain a minimum yard setback of ten (10) feet. No non-residential standing sign shall be located within one hundred (100) feet of a residential use.

(12)

Temporary Signs. Temporary signs which comply with this article shall be permitted, if they are firmly affixed to a supporting wall or structure.

(13)

Portable signs. Moveable or portable standing signs, either mounted on wheels or supported by a free-standing framework, with the exception of signs on motor vehicles, require a special permit through the zoning board of appeals except for signs providing notice of any municipal, state, or federal election which shall be allowed as of right for a period of twenty-one (21) days preceding such election.

(14)

Signs on Fences, Poles, Trees, Etc. Signs are prohibited which are painted on or attached to any fence or any wall which is not structurally part of a building, except to identify a residence or residential structure by means of posting the name of the occupant or structure and the street address.

Signs are prohibited which are posted or attached to utility poles, trees, other signs, or other structures which are on or over public rights-of-way.

(Code 1965, § 27-65; Ord. No. D137, 8-27-81; Ord. No. G036, 2-26-07)

Except for shopping center identification signs, directories and bulletin boards for changeable copy (section 27-67(3)), all non-accessory signs shall comply with the following requirements:

(1)

Permitted Zones. Such signs shall be permitted only in C-2, I-2 and I-3 Zones, by special permit of the zoning board of appeals.

(2)

Proximity to Residential Zones, Schools, Parks and Playgrounds, Etc. No such sign shall be erected or maintained within five hundred (500) feet of any property in residential zone or residential use, public or parochial school, public park and playground, library, church, hospital or similar institutional use.

(3)

Proximity to Limited-Access Highways. No non-accessory sign shall be permitted within the area extending six hundred and sixty (660) feet of the nearest edge of the right-of-way of any limited-access highway, except when such signs are so located that the matter displayed upon them is not visible to persons or passengers on such limited-access highways.

(4)

Proximity to Intersections. No such sign shall be erected or maintained within a radius of one hundred and fifty (150) feet from any point where the center line of public ways intersect.

(5)

Proximity to Other Signs. No such sign shall be erected or maintained within five hundred (500) feet of any other such non-accessory sign fronting on the same public way.

(6)

Area of Signs. No such sign shall exceed three hundred (300) square feet.

(Code 1965, § 27-67; Ord. No. D137, 8-27-81)

Accessory signs shall meet the following additional requirements:

(1)

Residential Zones. In an area zoned as residential, the following are permitted:

(a)

For each single-family or two-family detached dwelling, one non-illuminated sign displaying only the name of the occupant and street number. Such sign shall not exceed two (2) square feet. When a permitted use or occupation is granted by the zoning board of appeals, the sign displaying the permitted use or occupation shall not exceed three (3) square feet in area.

(b)

For each multiple family use, rooming or boarding house, one identification sign for each such use which shall not exceed four (4) square feet in area, except that apartment buildings or complexes with twelve (12) units or more shall be allowed a maximum of twelve (12) square feet.

(c)

For each church, hospital, school or other institution permitted in residential zones, identification signs and bulletin boards which shall not exceed thirty (30) square feet in total sign area.

(d)

For each legally non-conforming use, one accessory sign which conforms with section 27-67(2), provided, however, that such sign does not exceed thirty (30) square feet in area.

(2)

Commercial and Industrial Zones. Signs permitted under section 27-67(1) are also permitted in an area zoned commercial or industrial.

Except for shopping centers (Section 27-67(3)), the following provisions apply to commercial and industrial establishments.

The total area in square feet of all permanent accessory signs on each sign frontage, except for directional signs and signs on windows above the first floor, shall not exceed:

All Industrial Zones Three (3) Feet

*Except that a use with less than twenty-five (25) square feet of sign frontage may have a maximum of fifty (50) square feet of permanent signs.

The registered trade mark of a specific commodity may occupy no more than twenty-five (25) percent of the area of a sign, except that if the sale of said commodity is the major business conducted on the premises, there shall be no such restriction.

The following accessory signs are permitted for each sign frontage:

(a)

One wall sign and one projecting sign or one ground sign.

 A wall sign shall be attached parallel to the building, shall not extend beyond the building lines and shall not project more than twelve (12) inches from the building surface. Furthermore, the top of the sign must be no higher than whichever is lower: twenty-five (25) feet above grade or the cornice, parapet or roof line of the building.

 A projecting sign shall be attached at right angles to the building (except when attached to the corner of the building) and the following provisions shall apply:

(i)

the sign must advertise for a use which occupies at least eighteen (18) feet of sign frontage;

(ii)

the sign must have no more than two (2) faces;

(iii)

such signs shall project no more than four (4) feet from the vertical wall to which it is attached;

(iv)

the sign must comply with Section 27-65(4);

(v)

the top of the sign must be no higher than whichever is lower: twenty-five (25) feet above grade or the cornice, parapet or roof line of the building.

 No standing sign shall be allowed in a C-3 zone, but shall be permitted in any other commercial or industrial zone and the following provisions shall apply:

(i)

that no such sign shall have no more than two (2) faces;

(ii)

that no such sign shall be within one hundred (100) feet of a residential use; and

(iii)

that there be no more than one such sign for each lot unless such lot has a minimum area of two (2) acres and has more than one street frontage, in which case two (2) such signs shall be allowed.

(iv)

if there are one or two commercial and/or industrial uses on the lot, the area of each face shall not exceed sixty-five (65) square feet and the top of such sign shall be no higher than twenty-five (25) feet above grade. If there are three (3) or more uses on the lot, the area of each face shall not exceed one hundred (100) square feet and the top of such sign shall not exceed thirty (30) feet above grade.

(b)

One directory of the establishments occupying a building at a public entrance to the building. Such directory shall not exceed an area determined on the basis of two (2) square feet for each establishment occupying the building and shall be flat and flush against the supporting wall of the building.

(c)

Permanent window signs.

(d)

One sign painted on or attached to the face of, above or below an awning, canopy or marquee and complying with section 27-65(4).

(3)

Special Provisions for Shopping Centers. Any C-2 or C-4 shopping center of one acre or more will be allowed only the following signs:

(a)

One standing sign identifying the shopping center and one directory of specific uses or occupancies within the shopping center or one bulletin board for changeable copy to be incorporated into the supporting structure for the standing sign, not to exceed one hundred (100) square feet in area for both displays.

(i)

If the shopping center occupies five (5) acres or more and if it has two or more vehicular entrances fronting on separate streets, each entrance shall be allowed the identification sign and directory or bulletin board specified above. The distance between said standing signs on each parallel shall be not less than three hundred (300) feet.

(ii)

If the shopping center is five (5) acres or more, one additional directory of the occupants within the shopping center is allowed. Such directory may be a standing sign or a wall sign, with two (2) square feet allowed for each occupant.

(b)

For individual occupants within the shopping center, each sign frontage shall be allowed one wall, projecting, window, canopy or marquee sign indicating the name and nature of the occupancy. Such sign shall not exceed three (3) square feet for each foot of sign frontage and shall comply with the provisions set forth in section 27-67(2).

(4)

Special Provisions of Gasoline Stations.

(a)

Gasoline stations may, if they elect to do so, divide the total sign area to which they are entitled as specified in section 27-67(2) into separate wall signs indicating the name of the station, the separate operations of each department of the business, and the principal products sold on the premises, provided, however, that the total area of the separate signs shall not exceed the maximum area permitted under such section.

(b)

In addition, one two-faced standing sign is permitted, indicating only the company name whose gasoline is being sold and its special insignia or emblem. The maximum area of such sign shall not exceed fifty (50) square feet and its height shall not exceed twenty-five (25) feet. Such sign shall be erected at least ten (10) feet from the property line.

(c)

Such establishment may also exhibit one temporary sign specifically setting forth special seasonal servicing of automobiles provided that such sign does not exceed six (6) square feet in area and is located within the property line.

(Code 1965, § 27-67; Ord. No. D137, 8-27-81)

(1)

Maintenance and Repair. Every sign should be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. If after notice from the superintendent of buildings the sign is not made to comply with the standards described in this subsection within a reasonable period of time, the superintendent of buildings shall require its removal.

(2)

Abandoned Signs. Any accessory sign which is located on property which becomes vacant or unoccupied for a period of six (6) months or more or any sign which pertains to a time, event or purpose which no longer applies shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the premises.

(Code 1965, § 27-68; Ord. No. D137, 8-27-81)

(1)

Notification of Non-conformity. After the enactment of this article, the superintendent of buildings shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this article. Upon determination that a sign is non-conforming, the superintendent of buildings shall use reasonable efforts to notify either personally or in writing the user or owner of the property on which the sign is located of the following:

(i)

the sign's non-conformity; and

(ii)

whether the sign is eligible for characterization either as legal non-conforming or unlawful.

Failing determination of the sign owner, user or owner of the property on which the sign is located, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.

(2)

Legal Non-conforming Signs. Any sign lawfully in existence or lawfully begun before the adoption of this article which does not conform to the provisions of this article will be characterized as a "legal non-conforming" sign and may continue to be maintained, provided it also meets the following requirements:

(a)

The sign was covered by a sign permit or variance on the date of adoption of this article if one was required under applicable law; or

(b)

If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this article.

(3)

Illegal Non-conforming Signs. Any sign which is not characterized as conforming or legal non-conforming, otherwise considered an illegal sign, shall be removed or be made to conform with this article in accordance with section 27-64 within sixty (60) days of notification by the superintendent of buildings.

(4)

Loss of Legal Non-conforming Status. A legal non-conforming sign shall immediately lose its legal non-conforming status if:

(a)

the sign is abandoned; or

(b)

in the case of an accessory sign, the sign advertises or calls attention to any products, businesses or activities which are no longer sold or carried on at the particular premises; or

(c)

the sign is not repaired or properly maintained within ninety (90) days after notice to that effect has been given by the superintendent of buildings; or

(d)

the repair cost of such sign exceeds thirty-five (35) percent of the replacement cost of the entire sign; or

(e)

the sign is relocated to a position making it less in compliance with the requirements of this article; or

(f)

the sign is replaced.

If a sign loses its legal non-conforming status, the sign shall be immediately brought into compliance with this article with a new permit secured therefore or shall be removed.

(5)

Legal Non-conforming Sign Maintenance and Repair. Nothing in this section shall relieve the owner or user of a legal non-conforming sign or owner of the property on which the legal non-conforming sign is located from the provisions of this article or the state building code regarding safety, maintenance and repair of signs, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non-conforming.

(Code 1965, § 27-69; Ord. No. D137, 8-27-81)

Political or campaign signs on behalf of candidates for public office or measures on election ballots must conform with section 27-66.

(Code 1965, § 27-70; Ord. No. D137, 8-27-81)

The invalidity of any section or provisions of this article shall not invalidate any other section or provision thereof. This ordinance to become effective on January 1, 1982.

(Code 1965, § 27-71; Ord. No. D137, 8-27-81)

(1)

Introduction. This section hereby amends article XIV, Sign Control of the Revised Ordinances of the City of Brockton by adding section 27-72. Any and all restrictions and provisions of sections 27-63 through 27-71 shall remain in full force and effect as they apply to the C-3 Zone, unless specifically contradicted herein. In the event of a conflict, the provisions of section 27-72 shall apply.

(2)

Purpose. This section 27-72 is for the regulation and implementation thereof, of all commercial signage in the C-3 Zone only. The intention of this section is to create through regulation, a cleaner, safer and more attractive Downtown area, as to attract more shoppers and to strengthen the Downtown economy. It is also intended to respect the historical significance of the City by considering architectural styles of buildings and their surroundings when designing a sign for a specific business frontage, and to provide a continuity that accentuates the positive features of Downtown.

(3)

Definitions. The following definitions shall apply only to this section 27-72. The provisions of section 27-63 shall apply except where specifically amended herein:

Changeable Copy sign. A sign in which posters, numbers, letters, and/or other figures are written on or attached to and may be easily changed to display different messages.

Fluorescent Color sign. Signs which colors reflect not only their own color, but also convert the shorter wavelengths into radiant energy causing them to appear three (3) or four (4) times as bright as ordinary color.

General Commercial sign. A sign that is used to advertise a specific commercial brand, using the name of the good, a trademark or logo of good.

Illuminated sign. A sign that is illuminated in any way, by an indirect/external lighting source or an internal lighting source.

Neon sign. An internally illuminated sign whose illumination is produced by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.

Primary sign. The permanently affixed sign(s) on the outside of a business, typically located within the horizontal signage band and is used as the primary tool to visually identify a business.

Projecting sign. A sign which is affixed at an angle to a building or structure and extends twelve (12) inches or more from the face of the building.

Reflectorized sign. A sign that intentionally reflects light off the surface or that is made with any materials specific to this purpose.

Vehicle sign. A sign attached in any manner to the roof of a vehicle or any sign that is not painted onto the vehicle.

Vertical Lettering sign. A sign where the lettering has been designed to read in a vertical manner.

Sign Frontage. (To be used for C-3 Zone only) The length in linear feet of the ground floor level of a building's front or side, whichever is greater, visible from a street or right-of-way accessible from a street and is occupied by an individual business. No more than one (1) side of a building shall be used to calculate the sign frontage of any building.

(4)

Administration and enforcement. In addition to the provision of section 27-64, all signs over twenty (20) square feet, existing as of the effective date of this chapter shall have their continued use subject to the issuance of a permit from the Building Inspector. The deadline for obtaining such a permit is one hundred eighty (180) days from the effective date of this ordinance.

(5)

General requirements.

(a)

All signs shall be limited to those which relate to the premises on which they are located and shall only identify the use and occupancy of such premises or advertise the articles and services available within said premises.

(b)

The total area in square feet of all signs on a building except for directional signs and signs on windows above the first floor, shall not exceed one and one-half (1.5) times the sign frontage of said building.

(c)

No signs shall be placed on any building unless and until a sign is placed on that portion of the building designed and constructed for the placement thereof, i.e. the signage band. Placement of signs on buildings without such a signage band shall be obtained by permit in conformance with this article and the purposes of this section.

(d)

No sign shall be placed on a building which obstructs its architectural details.

(e)

Total signage on a building shall have not more than:

(i)

Four (4) colors;

(ii)

Four (4) letter sizes; and

(iii)

Four (4) letter styles/fonts.

(f)

No signs with changeable copy or signs designed to accommodate changeable copy are to be permitted except by special permit.

(g)

No vehicle signs are permitted.

(h)

No neon signs, fiberoptic cables or fluorescent colored signs are permitted.

(i)

No more than one (1) color is permitted for the sign background on any one (1) building. For the purposes of this subparagraph, a separate, single and solid color may be used for the outline or trim of the sign or signs without violating this section where said trim or outline color is constant throughout.

(j)

Marquee signs are prohibited.

(k)

Vertical lettering signs are prohibited, unless the signage band dictates vertical lettering.

(6)

Additional requirements.

(a)

No more than two (2) signs are permitted for any one (1) business use and occupancy.

(b)

No more than two (2) colors are permitted for any sign, exclusive of background as addressed in this section, subparagraph (5)(i).

(c)

No more than two (2) letter styles/fonts for any one (1) sign is permitted.

(d)

No more than two (2) letter sizes for any one (1) sign is permitted.

(e)

Projecting signs. In addition to the provisions of section 27-65 of the Revised Ordinances of the City of Brockton and all applicable preceding provisions, projecting signs are prohibited except for uses and occupancies above the ground floor level and shall meet the following requirements:

(i)

All projecting signs must be attached using only black iron attachments;

(ii)

No more than two (2) projecting signs for any one (1) building is permitted; and

(iii)

A use and occupancy above the ground floor level not in excess of fifty (50) square feet cannot have a separate projecting sign, without a special permit.

(f)

Temporary signs. In addition to any preceding restriction, all temporary signs which are not temporary window signs as defined in subsection 27-63(k) are prohibited.

(g)

Window signs. In addition to the preceding provisions of this article, window signs shall meet the following requirements:

(i)

No more than one (1) letter style/font and no more than one (1) lettering color on any one (1) building;

(ii)

No more than two (2) letter sizes on any one (1) building;

(iii)

Window signs shall be either painted or gold-leafed, unless exempted by special permit; and

(iv)

No window sign shall exceed twenty (20) percent of the total window area of the use and occupancy of the premises.

(7)

Exempted and special permits.

(a)

All exemptions contained in section 27-64 shall continue in full force and effect under this section 27-72.

(b)

The board of appeals may grant a special permit where provided herein, according to the provisions of section 27-49 of this chapter.

(Ord. No. D445, 9-30-99)

(1)

Introduction. This section 27-73 hereby amends article XIV, Sign Control of the Revised Ordinances of the City of Brockton by adding section 27-73. Any and all restrictions and provisions contained in sections 27-65 through 27-67 shall not apply to section 27-73.

(2)

Purpose. This section 27-73 is for the regulation and implementation thereof, of all Electronic Advertising Boards. The intention of this section is to facilitate a safer, cleaner and more attractive Route 24 corridor by regulating Electronic Advertising Boards while providing advertising opportunities that do not presently exist to enhance and promote city businesses and non-profit charitable organizations while also providing a platform for city public service announcements.

(3)

Definitions. The following definitions shall apply only to this section 27-73. The provisions of section 27-63 shall apply except where specifically amended herein:

Electronic Advertising Board. A sign that changes its message or copy at intervals by programmable electronic, digital, or mechanical processes or remote control.

Mass DOT. The Massachusetts Department of Transportation, a body politic and corporate established pursuant to Massachusetts General Laws Chapter 6C.

State Regulations. 700 CMR 3.00: Control and Restriction of Billboards, Signs and Other Advertising Devises, as amended or it successor regulations.

(4)

Special Permit. Electronic Advertising Boards shall be allowed in the City of Brockton by special permit issued by the zoning board of appeals but only if the proposed Electronic Advertising Board meets all of the requirements of this section 27-73 of the Brockton Zoning Ordinance.

(5)

General Requirements.

(a)

Electronic Advertising Boards shall be permitted only in C-2, I-2 and I-3 Zones on parcels of land which directly abut Route 24.

(b)

Electronic Advertising Boards shall comply with the State Regulations.

(c)

Electronic Advertising Boards shall be oriented for visibility from Route 24.

(d)

No Electronic Advertising Board shall be placed within one thousand (1,000) linear feet of an existing Electronic Advertising Board along the same side of Route 24.

(e)

Electronic Advertising Boards shall only be permanent freestanding signs. No portable Electronic Advertising Boards shall be permitted.

(f)

No Electronic Advertising Board shall extend more than 100 feet above the base of said Electronic Advertising Board at ground level. Said 100 feet shall be computed by drawing a horizontal line from the top of the Electronic Advertising Board to the top of the pole supporting the Electronic Advertising Board and measuring from that point to the point where the supporting pole meets the ground. If the support pole is located on a slope, the distance shall be measured from the highest elevation where the support pole meets the ground. In determining the appropriate height for an Electronic. Advertising of Board due consideration shall be given to the safety factors relative to visibility of the Electronic Advertising Boards from vehicular traffic traveling on Route 24 which will be viewing the Electronic Advertising Board.

(g)

Electronic Advertising Boards may be one sided or two sided and may be v-shaped to afford visibility to both the northbound and southbound lanes of Route 24.

(h)

Electronic Advertising Boards shall not be revolving.

(i)

The maximum square footage of the display face of an Electronic Advertising Board shall be 672 square feet excluding frames, aprons, catwalks, safety apparatus and other appurtenances.

(j)

Electronic Advertising Boards shall be placed a minimum of ten (10) feet from all property lines and buildings. The ten (10) feet shall be measured from the face of the base of the main support structure of the Electronic Advertising Board to the applicable property line or building.

(k)

Electronic Advertising Boards shall be permitted on a lot in addition to any other sign(s) that would otherwise be permitted under the Brockton Zoning Ordinance.

(6)

Electronic Advertising Board Design Criteria. The zoning board of appeals shall only grant a special permit for an Electronic Advertising Board if the Applicant satisfies the following design criteria:

(a)

The proposed site is an appropriate location for the proposed Electronic Advertising Board and the design and layout complies with the standards and requirements set forth in this section 27-73. In determining an appropriate location, the zoning board of appeals shall consider, amongst other things, that the location is in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood.

(b)

Adequate and appropriate facilities shall be provided for the proper operation of the Electronic Advertising Board.

(c)

The Electronic Advertising Board shall not create a material visual impact to any residential district in the City of Brockton.

(d)

The Electronic Advertising Board shall be permanently affixed to a main support structure. No portable Electronic Advertising Boards shall be permitted.

(e)

No sexually orientated or sexually provocative advertising or messages shall be permitted.

(f)

Exposed back of Electronic Advertising Boards, poles and other support structures must be painted in a color and finished so as to present an attractive and finished appearance.

(g)

Electronic Advertising Boards shall use automatic level controls to regulate light levels and shall comply with the brightness standards set forth in the State Regulations.

(h)

Electronic Advertising Boards shall not cast glare onto any residentially used property nor onto any portion of a public way so as to create a traffic hazard.

(i)

Electronic Advertising Boards shall not be erected in such a location so as to obstruct the free and clear vision of vehicles traveling on city streets; or in any location where by reason of its position, shape or color, it may interfere with, or obstruct the view of any authorized sign, signal or other traffic regulating device.

(7)

Prohibitions.

(a)

The following types of signs are not allowed pursuant to this section 27-73:

i.

Animated, projected, moving or giving the illusion of movement (including moving parts), scrolling, flashing, revolving, blinking, and intermittently illuminated signs;

ii.

Billboards with physical movement of any kind;

iii.

Changeable copy or message billboards that change at intervals greater/faster than those set forth in the State Regulations;

iv.

Tri-vision billboards;

v.

Video billboards or billboards that otherwise give the illusion of video or moving images;

vi.

Billboards with sound;

vii.

Billboards with pyrotechnics; and

viii.

Billboards which by reason of position, wording, illustration, size, shape or color obstruct, impair, obscure, interfere with the view of, or may be confused with any traffic control signal or device or which may otherwise obstruct or interfere with traffic.

(8)

Special Permit Conditions. The zoning board of appeals may impose reasonable conditions and safeguards as it deems necessary to secure the objectives of this section 27-73, and to protect the welfare and inhabitants of the City of Brockton.

(9)

Impact Agreement. The granting of a special permit for construction of Electronic Advertising Board shall be contingent upon the execution of a mutually satisfactory Impact Agreement between the Applicant and the Mayor of the City of Brockton. The Impact Agreement may include payment of monetary compensation and dedicated advertising/public service announcements for the benefit of the City of Brockton or non-profit charitable organizations as designated by the City of Brockton.

(Ord. No. J05, 11-10-15)