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Freetown City Zoning Code

ARTICLE VII

Signs

§ 300-7.1 Statutory authority.

This article is adopted pursuant to the authority conferred upon the Town by MGL c. 40A, MGL c. 93, § 29, and MGL c. 143, § 3. Nothing in this article shall be construed to abrogate the Town's control under MGL c. 87, § 9, governing signs placed on shade trees enforceable by the Tree Warden, or the Town's control under MGL c. 85, § 8, governing signs placed within a public way enforceable by the Selectmen or under the Building Code.

§ 300-7.2 Purpose and scope.

The sign bylaw is designed to provide standards for the installation of signs so as to reduce traffic safety hazards, protect property values, promote economic development, and encourage the creation of an aesthetic appearance along the street frontages in the Town of Freetown. The sign bylaw, as set forth in this article, is designed to be both logical and equitable for the various uses and identification needs. These sign standards help to effectuate an aesthetic and safe street environment. Restrictions on type, location, and size of signs protect the public from hazardous and distracting devices.

§ 300-7.3 Administration and enforcement.

A. 
Applicability. All outdoor signs, banners, posters and window signs are subject to the regulations of this article unless specifically excluded in § 300-7.4M.
B. 
Building Inspector. The Building Inspector shall administer and enforce all regulations contained in this article. The Building Inspector shall give a written notice to any person or persons erecting new signs in violation of these regulations, to render compliance therewith within 10 days or remove the sign by reason of failure to do so.
C. 
Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board for the purposes of this article.
D. 
Application. All persons desiring to erect a sign shall apply to the Building Inspector for a building permit, except that persons desiring to erect a sign in accordance with § 300-7.4B, D, and E, with the exception of real estate signs, need not apply for a permit. All applications for permits shall include, at least, a drawing showing the following:
[Amended 10-21-2024 STM by Art. 16]
(1) 
The proposed sign with dimensions.
(2) 
Sign specifications. The application shall also contain the following specific information on each proposed sign:
(a) 
Construction of the proposed sign and supporting structure, indication dimensions and materials.
(b) 
Color scheme.
(c) 
Lettering or graphic style.
(d) 
Illumination specifications.
(e) 
Sign proportions.
(f) 
Location of any proposed signs on a building.
(g) 
The areas of any windows to be covered by window signs but need not specify the exact dimension or nature of every window sign.
(h) 
Detail of all lighting and wiring.
(i) 
All existing signs maintained on the premises.
(j) 
Plot plan. An accurate plot plan of the zoning lot, at such scale as the Building Inspector may reasonably require, illustrating the location of the proposed and any existing signs, buildings, parking lots, driveways, and landscaped areas on such zoning lot.
(k) 
A sketch of the building facade, indicating the location of each sign.
E. 
Building Inspector action. The Building Inspector shall issue a building permit, provided the proposed sign complies with this article, the State Building Code, requirements of the Historic Commission (where applicable) and any applicable laws, bylaws, or regulations.
F. 
Special permits. In particular instances, the SPGA may issue special permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may be deemed to be in the public interest. Any applicant under this provision shall provide the information required in § 300-7.3D(2) above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it.
G. 
Fees. Each application for an individual sign permit or for approval of a common signage plan shall be accompanied by the applicable fees, which shall be established by the Board of Selectmen.

§ 300-7.4 General regulations.

The provisions of § 300-7.4 shall apply to signs in all zoning districts. Additional specific regulations for Residential, General Use, Business and Industrial Districts are set forth in §§ 300-7.5 and 300-7.6, respectively.
A. 
General guidelines. No sign shall be erected or maintained unless its subject matter relates exclusively to the premises on which it is located, or to products, accommodations, services, or activities on those premises.
B. 
Permitted government or special signs. Any sign owned and installed by a governmental agency or required by any law, governmental order or regulation is not subject to this article. Signs mounted on registered motor vehicles or carried by hand are not subject to this article.
C. 
Residences. Two signs, up to four square feet in area each, are permitted per residential building, indicating the name and address of the occupants therein.
D. 
Religious institutions. Two signs identifying churches, synagogues, and other similar religious uses are permitted on each street frontage, one of which may not exceed 20 square feet in area and the other of which may not exceed 10 square feet in area. One sign may be a standing sign used for notices and announcements of events at the religious institution.
E. 
Temporary signs.
(1) 
Permitted temporary signs. The following types of temporary signs are permitted: signs, banners, and posters covering social and holiday events as well as signs pertaining to a candidate for an elected local, county, state or national government office or a ballot question that will appear on the ballot at any local, county, state or national election. Signs pertaining to yard sales and fund-raising events are permitted. A real estate sign advertising the sale or rental of the premises on which it is located is permitted. Real estate development signs may be erected on subdivisions of land solely to advertise the selling of land or buildings in said subdivision, but not more than one sign shall face the same street.
(2) 
Temporary sign limitations. Signs shall not be erected sooner than 30 days before the event to which they pertain (i.e., the offering for sale or lease of the premises, the commencement of construction or the election) and shall be removed within seven days after the conclusion of the event to which they pertain.
(a) 
No signs shall be lighted.
(b) 
All signs shall meet the standards as set forth in § 300-7.4.
(c) 
With the exception of real estate development signs, no sign shall exceed six square feet in area, and shall not exceed 40 inches in length or 36 inches in width, excluding supporting materials.
(d) 
Real estate development signs shall not exceed 20 square feet in area and not more than 10 feet in any dimension.
(e) 
No mechanical or electrically powered signs or signs with moving parts shall be permitted.
(f) 
No more than three temporary signs per dwelling unit or per lot, whichever is greater, shall be erected at the same time.
(g) 
Signs must be firmly attached to a supporting device and present no undue hazard to the public.
F. 
Directional signs. Directional signs not exceeding three square feet in area may be used without limitation where needed on private property.
G. 
Illumination.
(1) 
No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m., except signs on premises open for business and then only upon issuance of a special permit by the SPGA.
(2) 
Exterior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary.
(3) 
No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA.
(4) 
The illumination of any sign shall not exceed 150 footlamberts.
(5) 
Any sign which is externally illuminated shall be a minimum distance of 100 feet between the leading edge of the illuminated sign and the adjoining residential property line.
H. 
Height. No ground sign shall exceed 20 feet in height as measured from the ground level to the top of the sign.
I. 
Signs cannot interfere with traffic. No signs, including window displays, or their illuminators shall by reason of their location, shape, size or color interfere with traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Inspector with the advice of the Chief of Police, such lights would create a driving hazard.
J. 
Construction. No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted, posted or otherwise securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth of projection of 1/4 of an inch. The construction of the sign shall comply with the State Building Code.
K. 
Maintenance. Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign causes the loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed.
L. 
Prohibited signs. The following types of signs are prohibited:
(1) 
Neon-gas-filled, tube-type illuminated signs are not permitted. No sign shall produce glare or incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature.
(2) 
Wind signs, including banners, pennants, spinners, streamers, and other wind-activated components. However, a single flag or banner, such as one containing advertising matter, for each establishment or business on the lot, may be allowed in a commercial zoning district, provided that the flag or banner not exceed three feet by five feet. As provided in § 300-7.4B, a government flag is not subject to this provision.
(3) 
String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration.
(4) 
Signs erected so as to obstruct any door, openable window or fire escape on a building.
(5) 
Billboards or nonaccessory signs.
(6) 
Portable, platform-mounted, frame-mounted or trailer-mounted signs.
(7) 
Any sign emitting sound shall be prohibited. (Exception: Menu boards in conjunction with restaurant drive-through pickup are allowed a speaker through which orders may be placed and confirmed, subject to the restrictions noted in this article.)
(8) 
Signs on natural features and utility poles are prohibited. No sign shall be permitted to be painted on, attached to, or maintained upon utility poles, trees, shrubs, rocks or other natural features, except that historical or commemorative plaques may be mounted in rocks and that "No Trespassing," "No Hunting," "Property Boundary," or "Ownership" signs may be mounted on trees, rocks, shrubs or other natural features.
(9) 
Obscene signs prohibited. No sign shall contain words, statements, or graphic descriptions of an obscene or indecent nature.
(10) 
Signs which interfere with official signs and traffic control devices.
(11) 
Signs which prevent the driver of a vehicle from having a clear and unobstructed view, from an adequate safe distance, of any official sign or approaching or merging traffic.
(12) 
Signs which when located in such a manner as to materially impede the view of any street or intersection.
M. 
Signs exempt from permit and license requirements.
(1) 
Bulletin board. A freestanding bulletin board or similar sign used for occasional commercial purposes, not exceeding 32 square feet in display area, in connection with any church, museum, library, school or similar public structure is allowed without a permit.
(2) 
Balloon less than 24 inches in diameter.
(3) 
Holiday decorations, including lighting, are exempt from the provisions of this article and may be displayed without a permit.
(4) 
Decals used to reference authorized services (e.g., credit or bank cards) when not exceeding 144 square inches in total display area per business.
(5) 
Incidental sign. A sign that has a purpose secondary to the use of the lot on which it is located, such as "telephone," "drive-up window," "cash machine" and other similar directives.
(6) 
Open flags. One nonilluminated "Open" flag may be displayed for each separate business unit in connection with commercial promotion. No name, logo or lettering other than the word "Open" may be displayed on such signs. Open flags may be displayed at the building during business hours and must be displayed at the building entrance.
(7) 
Building markers and historic or commemorative plaques are exempt from a permit and a license.
(8) 
Construction signs. One temporary, freestanding construction sign or wall sign per project construction site is exempt from obtaining a permit and a license on each street frontage of the project, subject to the following conditions:
(a) 
The construction sign shall not exceed 32 square feet.
(b) 
The construction sign shall be a maximum of six feet in height for residential districts or 15 feet in height for other districts.
(9) 
Flags, noncommercial.
(10) 
Garage sale signs.
(11) 
Home improvement/home construction/home remodeling signs are exempt from obtaining a permit and license, provided there shall be only one such sign not exceeding 32 square feet in total surface area and four feet in height for each lot.
(12) 
Interior signs.
(13) 
Murals.
(14) 
Official signs and notices.
(15) 
Political signs.
(16) 
Public utility signs.
(17) 
Real estate signs.
(a) 
Real estate signs are exempt from obtaining a permit and license, provided:
[1] 
Real estate signs for single- or two-family residential dwellings or lots.
[2] 
There shall be one sign per street frontage, up to a maximum of two signs per lot.
[3] 
Such sign shall be located on the lot for sale or lease.
[4] 
Such sign shall not exceed six square feet.
(b) 
Real estate signs for other uses, general provisions. The real estate sign shall be located on the site for sale or lease. The site may elect one of the following options, subject to other provisions within this article:
[1] 
Incorporate the real estate sign into the permanent identification sign; or
[2] 
One real estate sign, not exceeding six square feet, shall be permitted per street frontage, up to a maximum of two signs per site. The maximum height shall be six feet.
[3] 
Real estate signs shall be included as part of the square-footage calculations for permanent signs.
(18) 
Residential nameplates are exempt from obtaining a permit.
(19) 
Warning signs. Signs warning of construction, excavation, underground utility pipes, or similar hazards, so long as the hazard exists, including any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(20) 
"No Trespassing," "No Parking," and other similar signs are also exempt.

§ 300-7.5 Residential Districts.

[Amended 10-27-2008 STM]
A. 
Multifamily dwelling developments. A sign not exceeding 12 square feet in area is permitted identifying developments in an R, VR or G District.

§ 300-7.6 Village Business, General, Business and Industrial Districts.

Accessory signs on business establishments in Village Business, General, Business and Industrial Districts that comply with the following provisions are permitted.
A. 
Wall signs:
(1) 
One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign above the first floor of a building shall not exceed 15 feet.
(2) 
A secondary wall sign may be installed, marking a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign.
(3) 
No wall sign shall be more than three feet in overall height.
(4) 
In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only 1/2 of the area that would be permitted for a single sign.
(5) 
In addition to the above signs, each building may have one directory sign affixed to the exterior wall, window, or door of the building. Such directory sign shall provide not more than one square foot for each occupant of the building.
(6) 
Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than 12 inches from the face of such wall.
(7) 
No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher.
B. 
Window signs. Removable signs on the inside of windows or transparent doors are permitted.
C. 
Projecting signs or hanging signs. In particular instances, the SPGA may issue special permits for projecting signs in accordance with § 300-2.5 if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one projecting sign.
D. 
Standing signs. The following standing signs are permitted:
(1) 
Standing signs permitted under § 300-7.4B, C, and D.
(2) 
During the construction of a building, a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and the engineers. Such a sign shall not exceed 20 square feet in area or 10 feet in any direction. Such sign shall be removed promptly after the completion of the building.
(3) 
In particular, instances the SPGA may issue special permits for standing signs in accordance with § 300-2.5 if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one standing sign other than signs directing traffic flow.
E. 
Signs at gasoline filling stations and garages.
(1) 
Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled, as hereinabove provided, into separate wall signs indicating the separate operations or departments of the business; provided, however, that the total of the widths of the separate signs shall not exceed the maximum width permitted under this article for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. The standard type of gasoline pump bearing thereon, in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this article.
(2) 
In addition to the above signs, the following standards shall apply to gasoline filling stations and garages:
(a) 
Service area canopy sign. Maximum size and number of signs. Service area canopy signs are considered wall signs.
(b) 
Spandrel sign. Maximum size and number of signs. The maximum sign surface shall not exceed two square feet per dispensing station, regardless of the number of hoses. The signage allowed per dispensing station may be combined into one sign on the spandrel. Signage is permitted on only two sides of the spandrel.
(c) 
Pump island signs. In lieu of the spandrel sign, the gasoline services station may elect pump island signs or "pump toppers." Pump island signs of two square feet or less are allowed without permits. Pump island signs greater than two square feet are not allowed. Signage is permitted on only two sides of the pump island sign.
(d) 
No pennants or other similar attracting or advertising devices shall be permitted except as noted in § 300-7.4E, Temporary signs.
(e) 
Signs on perimeter poles. Signs placed on perimeter poles or other structures or those that are not expressly permitted in this section shall be strictly prohibited.
(f) 
Operator identification. Operator identification signs shall be located on the building only with a maximum dimension of six square feet.
(g) 
Other signs. All other signs shall be located on the site of the use unless specified otherwise.
F. 
Off-premises signs. Only signs pertaining to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an off-premises directional sign designating the route to an establishment not on the street to which the sign is oriented may be erected and maintained at any intersection on private property. Such signs shall be authorized only upon the Building Inspector's determination that such sign will not endanger the public safety. At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure.
G. 
Menu boards. Menu boards in conjunction with restaurant drive-through pickup activities may be allowed under the following restrictions:
(1) 
Not more than one such sign.
(2) 
Twenty-five-foot setback from property lines.
(3) 
Thirty-square-foot maximum area. Menu size sign shall not count against the freestanding identification sign area for a property.
(4) 
Six-foot maximum height.
(5) 
May be freestanding or wall-mounted.
(6) 
Shall be facing away from a public street.
(7) 
Shall be screened from view from the public street.

§ 300-7.7 Nonconformance of signs.

Signs legally existing on the effective date of this article may continue to be maintained; provided, however, that no such sign shall be enlarged, have the principal wording changed or have a change in shape.

§ 300-7.8 Violations and penalties.

Any of the following shall be a violation of this Zoning Bylaw and shall be subject to the enforcement remedies and penalties provided by this Zoning Bylaw:
A. 
Inconsistent with plan or permit. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located.
B. 
Failure to obtain permit. To install, create, erect, or maintain any sign requiring a permit without such a permit.
C. 
Failure to remove sign. To fail to remove any sign that is installed, created, erected, or maintained in violation of this zoning code, or for which the sign permit has lapsed.
D. 
Separate violation each day. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this zoning code.
E. 
Separate violations. Each sign installed, created, erected, or maintained in violation of this zoning code shall be considered a separate violation when applying the penalty portions of this zoning code.

§ 300-7.9 Severability.

The invalidity of any section, sentence or provision of this article shall not affect the validity of any other section, sentence or provision thereof.