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Brookline City Zoning Code

ARTICLE VII

SIGNS, ILLUMINATION, & REGULATED FACADE ALTERATIONS

§ 7.00 SIGN BY-LAW

1. 
Purpose: The purpose of this Article 7.00 is to improve pedestrian and traffic safety; to avoid the proliferation of signs; to minimize their adverse effect on nearby public and private property, to preserve the esthetic environment; to encourage the effective use of signs; and, to enable fair, consistent and content-neutral enforcement of this section.
Applicability: The following shall apply to all signs in all zoning districts except for Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN). Refer to § 11-5.11 for signage regulations and procedures that apply to Harvard Street Main Street Corridor districts.
Severability: The provisions of this By-Law shall be deemed to be severable. Should any of its provisions be held to be invalid, unenforceable or unconstitutional, the remainder of this By-Law shall continue to be in full force and effect.
Definitions: The following words and phrases used in this section shall have the meanings set forth below:
a. 
Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, attract attention to or announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. For the purposes of this by-law, the term "sign" shall not include the following:
i. 
Official traffic control devices required, maintained, or installed by a Federal, State or local governmental agency.
ii. 
Town of Brookline government signs and signs permitted by the Town on Town property.
iii. 
Building markers indicating the name of a building and date and incidental information about its construction, which marker is cut into a masonry surface or made of other permanent material.
iv. 
Flags, holiday lights and decorations.
b. 
Regulated Facade Alteration: Any change intended to be permanent in the visual appearance of the facade including the blocking of the view through a street-level window and any change in door or window style, unless such change consists of an exact replication in terms of size, color, location and detail of the replaced element. A regulated alteration shall also include installation of a fence, wall or driveway. A regulated facade alteration shall include:
i. 
commercial building facades in all districts; and
ii. 
residential building facades on lots with frontage on Beacon Street, Boylston Street, Brookline Avenue, Commonwealth Avenue, Harvard Street, or Washington Street, with the exception of buildings on lots located in S, SC, and T districts.

§ 7.01 SIGNS IN ALL DISTRICTS

a. 
All regulated facade alterations shall be subject to the design review process in § 7.08.
b. 
Signs with visible moving or moveable parts or with flashing animated or intermittent illumination are prohibited.
c. 
Signs or parts thereof attached to a building, shall not exceed a height of 25 feet above ground level.
d. 
Projecting or banner signs attached to a building shall not be internally illuminated, shall not exceed 12 square feet in area per face and shall not extend lower than a height of 8 feet.
e. 
Signs attached to a building shall not project above the roof or parapet line nor more than 12 inches out from the wall to which it is attached.
f. 
Signs shall not be permitted on building walls not parallel or within 45 degrees of parallel to the street.
g. 
No A-Frame or "Sandwich board" signs shall be permitted in any district.
h. 
Signs, whether attached to a building or free-standing, shall have an aggregate area not exceeding two square feet for each foot of building face parallel or substantially parallel to a street lot line. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately.
i. 
The aggregate area of all signs in any window, whether temporary or permanent, shall not exceed 30% of the area of such window, and the area of permanent window signs shall be included in the aggregate sign area permitted in paragraph (h) above.
j. 
All permanent free standing signs in excess of 1 square foot shall be set back one-half the depth of the required front yard setback from all street lot lines.
k. 
Permanent signs not attached to a building shall not exceed 30 square feet in area of each face exclusive of posts or other structural supports and shall not exceed 19 feet in height.
l. 
Temporary, non-illuminated, signs may be placed on private property in all zoning districts, provided that the signs are in fact temporary, not involving any substantial expense, and are displayed in a manner which will not deface the building facade.
m. 
Non-illuminated signs that do not exceed 1.5 square feet in area identifying allowed users of individual parking spaces may be placed in all zoning districts.
n. 
All lighting shall be installed and maintained so that no direct light or glare shines on any street or nearby property.
o. 
No neon type or exposed gas-illuminated tube type of sign which is red, yellow, or green shall be located within 100 feet of a traffic signal unless it is shielded from the line of sight of any driver of a motor vehicle approaching the traffic signal.
p. 
There shall be not more than one freestanding sign per property, except that the Board of Appeals by special permit may allow additional freestanding signs on a property with more than one building or more than one street frontage but not more than one sign per building per street frontage. Whenever possible, signs shall be combined or clustered to minimize their number.
q. 
Signs, whether temporary or permanently attached to the exterior of buildings shall be made of substantial materials.

§ 7.02 SIGNS IN S, SC, T AND F DISTRICTS

1. 
In any S, SC, T and F District, no permanent on-premises sign or other permanent on-premises advertising device shall be permitted except as follows:
a. 
One sign located in a manner intended to identify the address and/or occupant of the premises not exceeding 1 square foot in area.
b. 
Two bulletin board or announcement board signs not exceeding 10 square feet in area.

§ 7.03 SIGNS IN M DISTRICTS

1. 
In any M District, no permanent on-premises sign or other permanent on-premises advertising device shall be permitted except as follows:
a. 
As permitted in S, SC, T and F districts.
b. 
Two signs not exceeding a total aggregate of 20 square feet in area.
c. 
Dwellings with more than 200 units may have an additional aggregate area of 5 square feet per 100 units above 100 units, up to a maximum aggregate area of 40 square feet.

§ 7.04 SIGNS IN I, G, L AND O DISTRICTS

1. 
In any I, G, L or O District, no permanent on-premises sign or other permanent on-premises advertising device shall be permitted except as follows:
a. 
As permitted in S, SC, T, F and M districts
b. 
Signs on upper floors of a building may have signage additional to § 7.01(h), above, if located at the second floor level, but not exceeding the height limit of 25 feet as stipulated in § 7.01(c), at an additional aggregate area of a half a square foot for each foot of building face parallel or substantially parallel to a street lot line.
c. 
One sign not parallel or within 45 degrees of parallel to a street, not exceeding twelve square feet in area for structures with a single business and not exceeding eighteen square feet in area for structures with more than one business provided that the sign is proportionate to the area of the building wall to which it will be attached. Where such building wall contains the main business entrance or entrances, the Planning Board may allow a larger sign or signs, but in no case shall the aggregate area of such signs exceed two square feet for each linear foot of building face of that wall.

§ 7.05 TEMPORARY SIGNS

1. 
In all districts, no temporary on-premises sign or other temporary on-premises advertising device shall be permitted except as follows:
a. 
The design and location of all temporary signs attached to or associated with a commercial property or use shall be subject to the approval of the Building Commissioner following guidelines approved by the Planning Board.
b. 
Except as provided in § 7.07(b), the Building Commissioner may approve temporary signs attached to or associated with a commercial property or use for no more than a four month period in any calendar year.
c. 
Temporary signs associated with a non-commercial property, dwelling or use not exceeding 12 square feet may be placed in all districts.
d. 
Signs related to an event on a specific date or dates shall be removed within 7 days after the event.

§ 7.06 ILLUMINATION

1. 
In all districts, no sign shall be illuminated except as follows:
a. 
In any residence district, no sign shall be of the neon type or exposed gas-illuminated tube type; and any lighting of a sign shall be continuous, indirect white light installed in a manner that will prevent direct light from shining onto any street or nearby property. In S, SC, and T Districts no sign shall be illuminated after 11 p.m.
b. 
In an S, SC, T, M-0.5, M-1.0, or M-1.5 District, no outdoor floodlighting or decorative lighting shall be permitted except lighting primarily designed to illuminate walks, driveways, doorways, outdoor living areas, or outdoor recreational facilities.
c. 
New internally illuminated signs in L, G, I and O Districts may be illuminated via low intensity LED light bulbs from 5 am until 11 pm; or 1/2 hour past the close of business, whichever is later. In the case of a business that operates 24 hours per day; internally illuminated signs shall be dimmed between the hours f 11 pm and 5 am. Signs shall be installed with an automatic timer to comply with this Section.

§ 7.07 EXCEPTIONS TO THE ABOVE

1. 
Signs in all districts shall comply with this section of the By-Law except as follows:
a. 
In cases where an attached sign size larger than permitted in this Article VII is appropriate because of the size of a natural space for a sign on a facade or because of other architectural features of a building, a larger attached sign up to but not more than 25% larger than permitted by the specific regulations in this Article may be allowed by the Planning Board in accordance with the procedures of § 7.01(h) only if such an increase is necessary to fill the most appropriate sign area on the building and the sign location is a proper one for an oversized sign. No lettering or other advertising message shall be placed in the additional sign area authorized by this paragraph. The increase of the background up to 25% shall not in any event permit an increase in the size of the lettering had the background increase not been permitted.
b. 
Upon the expiration of the initial four month period for a temporary sign for a commercial property or use, the Building Commissioner may permit a temporary sign for an additional four month period upon written application, if need is shown.
c. 
Additional temporary signs on a construction or development site may be allowed by special permit of the Board of Appeals which shall specify limits on the size and number of signs and the length of time to be maintained.
d. 
Permanent decorative floodlighting of institutional or historic buildings may be permitted by the Board of Appeals by special permit. Any permanent lighting permitted by the preceding sentence shall be continuous, indirect, white light, installed in a manner that will prevent direct light from shining onto any street or nearby property.
e. 
The Board of Appeals may be special permit grant relief to the requirements of Section 7.01 for signage for the buildings in the Waldo-Durgin Overlay Special District subject, however, to compliance with the Design Review Procedures set forth in Section 7.08.
f. 
The Board of Appeals may by special permit grant relief to the requirements of Section 7.01 for signage for the buildings in the Fisher Hill Special Overlay District subject, however, to compliance with the Design Review Procedures set forth in Section 7.08 and the Design Guidelines adopted for this district.

§ 7.08 DESIGN REVIEW PROCEDURES

All permanent signs permitted in § 7.02, 7.03 and 7.04, except signs permitted in paragraph 7.02(a) shall be subject to the following design review process:
1. 
ALL APPLICATIONS
a. 
The applicant shall submit to the Planning and Community Development Department an application form, plans of the proposed sign, facade alterations, if any, and photographs showing the existing building or site, and such other material as may be required by the Assistant Director for Regulatory Planning or designee, Building Commissioner or Planning Board.
2. 
ADMINISTRATIVE APPROVAL
a. 
Within 10 working days, the Assistant Director for Regulatory Planning or designee may administratively approve an application only if it solely relates to either an in-kind or substantially similar replacement of an existing sign following the guidelines of the Planning Board with respect to size, color, number, style, location and illumination. All administratively approved applications shall be subject to the notice and appeals procedures described in subparagraphs b, c, d, e and 3.b below.
b. 
Within 5 working days of any administrative approval, notice shall be provided to the Building Commissioner and those Town Meeting Members set forth in subparagraph 3.b below.
c. 
The address and a description of all administratively approved signs shall be noticed in the next Planning Board Design Review Meeting agenda.
d. 
Upon receipt of the notice of administrative approval, the Building Commissioner may issue a permit for a sign which conforms to the administrative approval; regulations of the Zoning By-Law and such other technical requirements as are within the Building Commissioner's jurisdiction.
e. 
An aggrieved party may appeal the administrative approval to the Planning Board within 15 days of the date of publication of the next Planning Board Design Review Meeting agenda containing the notice of approval by submitting a written request for Planning Board review of the application to the Assistant Director for Regulatory Planning.
3. 
PLANNING BOARD APPROVAL
a. 
Within 10 working days, all applications not subject to administrative approval as described above as well as those for which an aggrieved party has requested Planning Board review, shall be referred to the Planning Board along with recommendations, and accompanying materials for review and approval and shall be subject to the notice and appeals procedures described in subparagraphs b, c and d below.
b. 
After its receipt of the application and all required materials, the Planning Board shall review the application at its next public meeting for which legal notice can be given. At least seven days before such meeting, the Planning Board shall mail or deliver a notice of the meeting, with a description of such application or a copy thereof, to each elected Town Meeting Member for the precinct in which the property is located, and to those Town Meeting Members of a precinct which is within 200 feet of such property as to which such application has been made. The notice requirements of this section shall be deemed satisfied if such notices are mailed and/or emailed to those individuals whose names appear as Town Meeting Members in the records of the Town Clerk at the addresses as they appear in such records. The Planning Board shall submit its recommendations in writing to the applicant, aggrieved part(ies) and the Building Commissioner. The recommendations shall be based on the provisions of this Section of the Zoning By-law, the community and Environmental Impact and Design Standards in § 5.09 and such design guidelines as the Planning Board may adopt.
c. 
Upon receipt of the Planning Board's report or the lapse of 30 days from referral to the Board without such report, the Building Commissioner may issue a permit for a sign which conforms to the Planning Board's recommendations, if any, the regulations in the Zoning By-law, and such other technical requirements as are within the Building Commissioner's jurisdiction.
d. 
If the applicant or other aggrieved party does not agree with the staff administrative approval, recommendations of the Planning Board or other requirements imposed by the Building Commissioner, they may appeal to the Board of Appeals within 30 days through the special permit procedure in Article IX.

§ 7.09 NON-CONFORMANCE OF SIGNS

Signs legally erected may continue to be maintained, subject to the provisions of § 5.83 of the Town of Brookline Sign By-law (Article 5.8); provided, however, that no such sign shall be permitted if it is enlarged, reworded (other than in the case of theatre or cinema signs or signs with automatically changing messages) redesigned or altered in any way including repainting in a different color, except to conform to the requirements of this By-law; and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed thirty-five percent 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 By-law. Any exemption provided in this Article VII shall terminate with respect to any sign which:
1. 
has been abandoned;
2. 
advertises or calls attention to any products, businesses or activities which are no longer sold or carried on at the particular premises; or
3. 
has not been repaired or properly maintained within thirty days after notice to that effect has been given by the Building Commissioner.