A Historical District for the Downtown Business District is hereby established as an overlay zoning district within the area designated on the Zoning Map. As an overlay district, it imposes development standards that are in addition to those established in any underlying zoning district.

(Ord. 37-02, passed 7-10-02)

   Signage controls defined within the Downtown Historic District are created to advance three purposes:

   (A)   To encourage the proper development and use of planned graphic signing systems and to regulate signs and signing systems in the Downtown Historical District.

   (B)   In addition to protecting from distractions and obstructions that can contribute to traffic and pedestrian accidents, it is the intent of these regulations that signs are as much subject to control as noise, odors, debris, and like characteristics of a use that, if not controlled and regulated, can become a nuisance factor to adjacent properties or the community in general.

   (C)   To protect the general health, safety, and welfare, and to protect and encourage a more attractive economic, business, and overall physical appearance for the community, all signs and signing systems are subject to the regulations that follow in this subchapter.

(Ord. 37-02, passed 7-10-02)

   All temporary and permanent signs to be erected within the Downtown Historical District, except those specifically excluded herein, shall require a certificate of appropriateness and a sign permit before being erected.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Permit procedures in the Downtown Historic District shall include the following:

   (A)   All applications for both temporary, permanent, and repaired signs in the Downtown Historical District shall be submitted to the City Engineer.

   (B)   Written application for the permit required shall contain the following:

      (1)   A description of the proposed sign, including location, material from which constructed and the method of securing or fastening same, and such other information as may be required.

      (2)   Plans and specifications for signs or signboards shall be filed showing the dimensions, materials, and required details of construction including loading, stresses, and anchorage.

      (3)   The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign or signboard is to be erected.

      (4)   A fee, in accordance with § 155.2311, shall be included with application materials.

   (C)   The City Engineer may refuse to issue a permit for the erection of any such sign or signboard, unless details of construction and manner of erection ensure the safety of such signs and signboards when erected.|

   (D)   The City Engineer shall review the application for completeness and determining that the application is complete. If all information required is not provided, the City Engineer shall promptly notify the applicant of the items needed. Upon completion, the City Engineer shall act within 15 days by either rejecting the application and returning it to the applicant, or approving it and forwarding to the Architectural Review and Design Commission.

   (E)   The Architectural Review and Design Commission shall review the application and act within 30 days by either rejecting the application and returning it to the Engineer, approving the application, or approving the application with modifications and issuing a certificate of appropriateness. The certificate shall be forwarded to the City Engineer.

   (F)   Upon receipt of the certificate of appropriateness, the City Engineer shall issue the applicant a sign permit.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Except as otherwise provided in § 155.1611, the Architectural Review and Design Commission shall determine at a public hearing when a sign is abandoned, as is provided in §§ 155.2301 through 155.2313.

(Ord. 37-02, passed 7-10-02)

   (A)   Sign area shall include the face of all the display area of the sign, not including the bracing, framing, and structural supports of the sign, unless such support members are made part of the message or face of the sign.

   (B)   Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless two display faces joined back-to-back are parallel to each other and not more than 12 inches apart.

   (C)   The area of letters, numbers, or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter around the letters, number, or emblems in determining its area.

(Ord. 37-02, passed 7-10-02)

   The following signs may be erected without a permit:

   (A)   Signs clearly in the nature of decorations customarily associated with any national, local, or religious holiday, to be limited to 60 days in any one year, and to be displayed not more than 60 consecutive days. The signs may be of any illumination or animation, provided that safety and visibility hazards are not created.

   (B)   Political signs or posters concerning candidates for elective office, public issues, and similar matters to be decided by public election, to be displayed beginning no more than 45 days prior to election, and to be removed no later than seven days after such election, subject to penalty. The signs shall not exceed six square feet in area, shall not be illuminated, and shall not create a safety or visibility hazard, nor be affixed to any public utility pole or tree, or be located within a public right-of-way.

   (C)   Signs that indicate the sale, development, rental, or lease of a particular structure or land area, shall to be limited in size to six square feet, with one sign allowed per street front. Such signs shall not be located in a public right-of-way.

   (D)   Exterior signs are limited in size to 25% of the window area or ten square feet, whichever is less, and which are either not illuminated or are illuminated only from a concealed light source. Such signs may be placed only in ground level windows where no other permanent or temporary signs are placed, and be displayed for a maximum period of 30 days if they indicate or promote special sales or special occasions.

   (E)   Nameplates, provided that the nameplate does not exceed one and one-half square feet and is flush to the building. Sign material must be appropriate to the face of the building.

   (F)   A sign which advertises the sale of personal property, such as a garage, yard, porch, or moving sale sign, provided that it is limited to one sign not greater than four square feet in size and is located on the sale premises for a time period not greater than two consecutive days. Such signs shall not be located in a public right-of-way.

   (G)   Construction signs which display the identification of the construction project, including identification of the contractors, architects, and other construction principals, provided that such construction sign conforms to the size requirements of the zoning district in which it is located and is removed upon the completion of construction or the commencement of occupancy, whichever occurs first.

   (H)   The responsible party in each of the above instances shall be as follows:

      (1)   In all cases, the person actually placing the sign.

      (2)   For political signs, the candidate whose name appears on the sign.

      (3)   For porch, yard, or garage sale signs, the owner of the property if he or she resides therein and has an interest in the sale, otherwise the lessee or other occupant of the property who is conducting the sale.

      (4)   For a circus and other special event signs, the sponsoring organization shall be the responsible party.

(Ord. 37-02, passed 7-10-02)

   (A)   All temporary signs shall be subject to approval by the Architectural Review and Design Commission and shall require a permit subject to the restrictions set forth in the schedule of sign regulations of this subchapter, and the regulations required for permanent signs as set forth in § 155.1609, except as otherwise provided herein.

   (B)   Banners and pennants less than 16 square feet are permitted, provided that they are attached at each corner, point and/or end so as to prevent movements. Streamers are prohibited except as described in division (H) of this section.

   (C)   Mobile signs which can be moved from one location to another without any change in their structural components or members, including trailer signs, are prohibited.

   (D)   All temporary signs shall be located at the site or location of the event being promoted or of the headquarters for the sponsoring organization, except as otherwise provided for in division (H) of this section.

   (E)   The date upon which a temporary sign is first displayed shall be legibly marked on the sign.

   (F)   The construction requirement set forth in § 155.1609(A) shall not be applicable to temporary signs.

   (G)   Sandwich board signs are exempt from the regulations of this section, except that sandwich board signs shall not have more than 16 square feet of sign face; shall not have lights or illumination; must leave a minimum clearance of five feet from building line on the sidewalk on which they are placed; and shall be of color and design appropriate to the surroundings.

   (H)   Community events and programs which last for a time period of 14 days or less and which are sponsored by nonprofit, public, educational, religious, and charitable organizations may display four signs during the event and for a time period of 14 days immediately preceding the commencement of the event.

      (1)   One sign may be located at the site of the event, provided it does not exceed 24 square feet in size.

      (2)   All off-site signs located in the Downtown Historical District, including streamers, shall not exceed 18 square feet in size. Each sign shall be placed at a different site and shall be removed no later than 48 hours after the scheduled activity has ended.

      (3)   If the program or event is for a continuing period of time in excess of 14 days, only one sign, not larger than 10 square feet, is permitted, and such sign must be located either at the site of the event or program or at the location of the sponsoring organization.

   (I)   Signs greater than four square feet in size which promote special business sales, promotions or occasions shall require a temporary sign permit. No business shall display such signs for more than 90 days per calendar year or for more than 30 continuous days. The date each sign is first displayed and the time period for which the sign will be displayed shall be legibly marked on the sign.

   (J)   Political campaign headquarter signs shall require a temporary sign permit.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   All permanent signs shall require a permit. Permitted permanent signs shall be classified into one of the four following types: wall signs, window signs, ground signs, and nameplate signs.

   (A)   Wall signs may be erected on a building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback lines. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of ten inches except as follows: Signs may be painted on an awning area or attached to a canopy, marquee, or roof which projects beyond the building, provided that no part of such sign shall extend above the roof line, canopy, or marquee.

   (B)   Ground signs, to include pole signs and other types of freestanding signs, may be erected on a lot provided the location, height, and other characteristics of the sign meet the regulations of this subchapter.

   (C)   Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises, and its use. Window signs shall be limited to one sign per window and shall not exceed one-fourth of the total area of the window, and in no case exceed ten square feet.

   (D)   Projecting nameplate shall not exceed one per major street frontage, shall not rise above the roof line nor obscure any architectural features, and shall not exceed one square foot per linear foot frontage.

   (E)   The following general requirements shall apply to all permanent signs:

      (1)   Illumination. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate, travel, move, or in any manner fail to provide constant illumination and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a demonstrable safety hazard to vehicular movement on any street from which the sign may be viewed. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.

      (2)   Animation, message centers, and moving signs. Message centers, flashing signs, moving signs, and the animation of signs is prohibited.

      (3)   Pennants, streamers, and the like. No sign shall contain or consist of banners, pennants, ribbons, streamers, or similar moving devices.

      (4)   Construction. The construction of all signs, including any electrical wiring necessary for the operation of illuminated signs shall conform to the specifications of the city Building Code. All signs shall be adequately maintained and shall not constitute a safety hazard.

      (5)   Location.

         (a)   All permanent signs shall be located on the site being promoted, identified, or advertised.

         (b)   In no case shall any part of a sign be placed in, over, or extend onto any public right-of-way, except for publicly-owned signs, such as traffic control and directional signs. In no case shall any part of a sign be placed in, over, or extend above the roof line of any structure.

   (F)   The height of the sign shall be measured from the established grade which shall be defined as that point where the grade line intersects the front wall of the building.

   (G)   Billboards, roof signs, mobile signs, announcement signs; blinking, flashing, fluctuation, or moving lights; moving signs, flashing signs, animated signs, pennants, ribbons, and streamers are prohibited.

   (H)   All signs projecting over city property shall be installed so as to ensure a minimum of ten feet of clearance from the bottom of the sign to the sidewalk pavement. If extended over any roadway or alley, 15 feet of clearance from the bottom of the sign to the roadway pavement shall be provided to permit safe vehicular traffic.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   (A)   The continuance of an existing sign which does not meet the regulations and requirements of this subchapter shall be deemed a nonconforming sign which shall terminate by abandonment. A sign shall be considered abandoned:

      (1)   When the sign is associated with an abandoned use.

      (2)   When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 90 consecutive days. Seasonal businesses are exempt from this determination.

      (3)   When the sign is not maintained or does not conform to the following:

         (a)   All signs, together with all supports, braces, guys, and anchors shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be subject to periodic inspection in accordance with the Building Code.

         (b)   Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof, in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, and weeds.

      (4)   Abandonment shall be determined based upon the above definitions at a public hearing. Upon a finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.

   (B)   A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this subchapter.

   (C)   A nonconforming sign shall be maintained or repaired in accordance with the following provisions:

      (1)   The site and structural shape shall not be changed or altered. The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming. The copy area shall not be enlarged. Any subsequent owner or user shall bring the sign into compliance within 30 days.

      (2)   In case damage occurs to the sign to the extent of 50% or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance. Where damage to the sign is less than 50% of the structure or its replacement value, the sign shall be repaired within 60 days.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   An owner, occupant, or person having control of a residential, industrial, commercial, or public building shall display the numerical address of the building in Arabic numbers not less than four inches in height.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   Any person, firm, corporation, partnership, or association violating any provision of this chapter or failing to obey any lawful order issued pursuant to its terms shall be fined not more than $100. Each day during which such violation continues may be deemed a separate offense.

(Ord. 37-02, passed 7-10-02)

   Design controls defined within the Downtown Historical District are created to maintain and enhance the distinctive character of the Downtown Historical District by safeguarding the architectural integrity of the various period structures within it, and to prevent intrusions and alternations within the District, such as parking lots and open space use that would be incompatible with this established character.

(Ord. 37-02, passed 7-10-02)

   Plans to make changes to the exterior of structures or other environmental features in the Downtown Historical District are subject to review by the Architectural Review and Design Commission using the Rickey Report as a standard of historic reference. The Rickey Report is a study done of this particular area by outside consultants and is available for public inspection by.

(Ord. 37-02, passed 7-10-02)

   In considering the appropriateness of any proposed change to the exterior surface of structures or to the other environmental feature of the district, including treescaping and exterior signage and lighting, the Commission shall consider the following:

   (A)   The distinguishing original qualities or character of a period building, structure, or site and their environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided.

   (B)   All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent to the original integrity of the building shall be discouraged.

   (C)   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be maintained and used as major guideposts for the style of the building.

   (D)   Significant architectural features that have deteriorated shall be repaired rather than replaced. In the event replacement is necessary, the new material should match the material being replaced in composition and design. Repair or replacement of architectural features shall be based on accurate duplications of features, and substantiated by historic, physical, or pictorial evidence rather than on a conjectural design or the availability of different architectural elements from other buildings or structures.

   (E)   The surface cleaning of structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials are to be avoided.

   (F)   Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.

   (G)   When alterations and additions to existing buildings are compatible with size, scale, color, material, and character of the property and environment they shall not be discouraged if they do not destroy significant historical architectural materials or alter the intended era of the structure.

   (H)   New additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.

   (I)   Any alterations to trees in the Downtown Historical District can only be made by permission of Architectural Review and Design Commission, except for the yearly maintenance and replacing by the Beautification Council.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   (A)   Existing structures and premises. Reconstruction or rehabilitation within the Downtown Historical District shall conform to the distinguishing original exterior qualities or character of the structure, its site, and its environment.

   (B)   New construction. The design of new structures and of additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, material, and color of other structures and premises within the Downtown Historical District.

   (C)   Materials.

      (1)   All new structures and all reconstruction or remodeling of existing structures within the Downtown Historical District shall utilize natural traditional exterior materials, such as brick, stone, masonry, and wood.

      (2)   Contemporary materials could be used if they would contribute to the preservation or enhancement of existing integrity and new structure and be architecturally harmonious.

   (D)   Color. Traditional colors, and combinations of those colors that are both identified with the origin or the era in which the Downtown Historical District was originally built and approved by the Architectural Review and Design Commission, shall be used for building exteriors for all new construction, reconstruction, remodeling, and exterior maintenance of existing structures within the Downtown Historical District.

   (E)   Signs. All signs are to be in compliance with §§ 155.1602 through 155.1617.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   (A)   A certificate of approval is required from the Architectural Review and Design Commissioner prior to any new construction, remodeling, reconstruction, or demolition, as well as for any exterior changes to the building that may devalue it as an asset to the historical community of downtown Cambridge.

   (B)   Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any property within the Downtown Historical District.

   (C)   Applications for certificate of approval shall be filed with the Architectural Review and Design Commission at least 15 days before a meeting of the Commission. The applicant shall submit with the application, drawings, materials, and color samples, and any other aids that would assist the Commission in understanding the wishes of the applicant.

   (D)   The Commission shall review and, within 15 days, grant a certificate, disapprove an application, or approve an application with modification.

   (E)   Upon disapproval of an application, the applicant may appeal to the Zoning and Planning Commission in accordance with § 155.1803 or § 155.2505.

   (F)   Application may be obtained at the City Engineer's office.

(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617

   All applications for a variance shall be made directly to the Planning and Zoning Commission upon forms as prescribed by the Commission in accordance with § 155.1803. The Planning and Zoning Commission shall have the power to grant variances from the provisions and requirements of this subchapter which will not be contrary to the public interest or the intent and purpose of this subchapter, but only where, owing to special conditions pertaining to a specific piece of property, the strict application of provisions to requirements of this subchapter would cause undue or unnecessary hardship.

(Ord. 37-02, passed 7-10-02)