Cummington City Zoning Code

The purpose of the sign regulations set forth in this By-Law shall be the following:

1. To promote local businesses’ ability to advertise.

2. To encourage signs which, by their location and design, are harmonious with the buildings and sites which they occupy, and which eliminate excessive and confusing sign display.

3. To protect public and private investments in buildings and open spaces.

4. To eliminate potential hazards to motorists and pedestrians and promote public safety.

The provisions of this By-Law shall apply to the construction, alteration, location and maintenance of all signs located out-of-doors, including those signs affixed to any part of the building.

1. 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.

2. The area of a sign consisting of individual letters or symbols attached to or painted on a building, wall or window, shall be considered to be that of the smallest quadrangle, a triangle or circle that encompasses all of the letters and symbols.

3. 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.

4. In computing the area of signs, one side of back-to-back signs shall be included.

1. Permitted Signs

a. Only signs which are accessory to uses permitted by right or by Special Permit in the Town of Cummington Zoning By-Laws are permitted, provided such signs conform to the provisions of this section.

2. Prohibited Signs

a. Billboards, except temporary signs that otherwise conform to these By-Laws, are not permitted.

b. Flashing signs and signs containing reflective elements which sparkle in the sunlight, are not permitted. Fairs and Carnivals are exempted.

c. Any sign advertising or identifying a business or organization, which is either defunct or no longer located on the premises is not permitted.

d. In no case shall any sign exceed 48 square feet.

1. Any exterior sign or advertising device erected or maintained must conform to the following restrictions in all districts:

a. Any traffic, informational or directional sign owned and installed by a governmental agency shall be permitted.

2. Limitations as to the number of signs permitted do not apply to traffic or directional signs which are necessary for the safety and direction of persons, whether in a vehicle or on foot.

a. No private sign shall be placed permanently on public property.

b. Signs necessary to warn of a hazard or to post land shall be permitted as required to accomplish these purposes.

c. Sign Construction (permanent): Sign materials should be durable and safe.

1. Free-standing or movable signs cannot extend more than ten (10) feet above the highest surrounding ground level. The Zoning Board of Appeals may allow, by Special Permit, a sign height greater than ten (10) feet in circumstances where the physical characteristics of the lot prevent adequate setback from public ways and/or a lower sign would create a potential traffic safety hazard.

2. No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the district.

3. Signs shall be placed at least fifteen (15) feet from any lot line and shall be placed, if possible, a minimum of fifteen (15) feet from any public way, and placed so as not to obstruct the view of traffic.

1. No sign shall incorporate, flashing or blinking lights, or be designed to attract attention by repeated motion.

2. No signs shall be illuminated between the hours of 11 p.m. and 6 a.m. unless the premise on which it is located is open for business.

3. The light source shall, to the extent possible, confine illumination to the sign area only.

1. Awning Signs

a. Awning signs must be painted on or attached flat against the surface of the awning, but not extend beyond the physical limits of the awning.

2. Construction Signs

a. One (1) unlighted, temporary sign of an architect, engineer, or contractor erected during the period such person is performing work on the premises on which such sign is erected, shall be permitted, provided: it shall not exceed sixteen (16) square feet in surface area; and, it shall be set back at least ten (10) feet from the street lot line.

3. For Sale, Rent, or Lease Signs

a. Any temporary sign advertising property for sale or lease shall be permitted provided:

1) Only one unlighted sign shall be erected on the property for sale or lease, it shall not exceed sixteen (16) square feet, and it shall be set back at least (ten) 10 feet from the street lot line.

2) Such signs shall advertise only the property on which the sign is located, except for temporary signs giving directions to “open houses”.

3) All signs must be removed by the owner or agent within fifteen (15) days of rent, sale, or lease.

4. Moveable Signs

a. Moveable signs, other than temporary signs, should not be over six (6) feet in total height and shall only be allowed by Special Permit issued by the Zoning Board of Appeals.

5. Multiple Signs

a. A multiple sign may be used to advertise several occupants of the same building or building complex or development, provided that there is some unifying theme as to the size or shape of the individual signs that comprise the multiple sign unit, but each advertiser would not be restricted as to graphics.

6. Commercial Event Signs

a. Temporary signs relating to an event of a commercial nature that is expected to be completed within a reasonably short or definite period may be erected provided such signs are erected no sooner than fourteen (14) days before the event and removed not later than seven (7) days after the event.

1. The Zoning Enforcement Officer is authorized to order the repair or removal of any sign and supporting structure, which is erected or maintained contrary to this By-Law.

2. Maintenance and Removal

Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material.

3. Abandoned Signs

a. Except as otherwise provided in the By-Law, any sign that is located on property which becomes vacant and is unoccupied for a period for 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. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned, unless the property remains vacant for period of six (6) months or more. An abandoned sign is prohibited and must be removed by the owner of the property.

4. Non-Conforming Signs

a. Continuance: A non-conforming sign lawfully existing at the time of adoption or subsequent amendment of this By-Law may continue even though such sign does not conform to the provisions of this By-Law, except for signs blocking drivers’ view of the road. These must be removed immediately. No sign shall be allowed to remain in a dangerous or defective condition.

b. Replacement: Any sign replacing a non-conforming sign shall conform to the provisions of this Section, and the non-conforming sign shall no longer by displayed.

c. The Zoning Board of Appeals shall have the discretion to allow the erection of non-conforming signs. Permits for non-conforming signs may be granted on a case-by-case basis after review by the Zoning Board of Appeals.