Hadley City Zoning Code
SECTION VII
Signs
[Added 3-8-1976; amended 5-1-2003; 10-10-2004; 10-27-2005 STM by Art. 17; 10-22-2009 STM by Art. 12; 5-5-2011 ATM by Art. 18; 5-3-2012 ATM by Art. 24]
The provisions of this article shall govern the construction, alteration, repair and maintenance of all signs as herein defined together with their appurtenant and auxiliary devices. |
§ 7.1 Purpose.
The sign regulations section 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 Hadley. The sign regulations, as set forth in this section, are designed to be both logical and equitable for the various uses and identification needs. These sign standards and regulations 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.
§ 7.2 Definitions.
[Amended 5-22-2021 ATM by Art. 3]
See § 1.2.
§ 7.3 Administration and enforcement.
7.3.1.
Permits: No sign larger than two square feet shall be erected, altered or enlarged without a permit. For those uses identified as by-right in Section III of the Hadley Zoning Bylaw, a permit shall be issued by the Building Inspector. Prior to issuing a permit, for those uses requiring a special permit/site plan approval as identified in Section III of the Hadley Zoning Bylaw, Planning Board approval shall also be required. Such permit shall be issued only if it is determined that the sign complies or will comply with all applicable provisions of this bylaw. All signs, wherever located, must be in conformity with the State Building Code.
7.3.2.
Enforcement: The Zoning Enforcement Officer is hereby charged with the enforcement of this bylaw. The Zoning Enforcement Officer is authorized to order the repair or removal of any sign and its supporting structure which in his judgment, or the judgment of the Planning Board, is dangerous or in disrepair or which is erected or maintained contrary to this bylaw.
§ 7.4 General regulations.
7.4.1.
Public purpose: Any traffic, public safety, informational or directional sign owned and installed by a governmental agency shall be permitted, including light-emitting signs.
7.4.2.
Materials: Material used for signs shall be wood, wood composites, simulated wood or have the overall appearance of wood, except for signs permitted under § 7.6.7.
7.4.3.
Colors: The exterior color of a sign shall be selected from the Historic Colors of America palette (as approved by the Society for the Preservation of New England Antiquities) by California Products Corporation or equivalent. Signs permitted under § 7.6.7 should use subdued colors whenever possible in order to avoid distracting traffic.
7.4.4.
Size: No sign shall be larger than 40 square feet in area, except in the Limited Business, Local Business, Business and Industrial areas, as described under § 7.6.
7.4.5.
Height:
7.4.5.1.
No freestanding or movable signs will extend more than 15 feet above ground level. The sign permit granting authority may permit a sign height of greater than 15 feet only in circumstances where the physical characteristics of the lot prevent adequate setback from public ways and a lower sign would create a potential traffic safety hazard.
7.4.5.2.
No sign affixed to a building may project above the roof line onto which the sign is affixed.
7.4.6.
Placement:
7.4.6.1.
Signs must be secured to prevent movement by wind or other elements.
7.4.6.2.
Signs that are necessary to warn of a hazard or to post land shall be permitted as required to accomplish these purposes.
7.4.6.3.
No private sign shall be placed on public property.
7.4.6.4.
No sign may be placed in a side yard or a rear yard as required for the particular district in which it is located.
7.4.7.
Lighting and movement: No sign shall constitute a nuisance to abutters or hazard to pedestrian or vehicular traffic because of intensity or direction of illumination, animation or moving parts.
7.4.7.1.
Light: Signs with a light source directed towards the sign shall be illuminated with subdued lighting that is not obtrusive to oncoming traffic and pedestrians. Such lighting should minimize direct illumination to any abutting property. Light-emitting signs and internally lit signs as defined in § 7.2, including signs that contain reflective elements which sparkle in natural or artificial light, will not be permitted except as described in §§ 7.4.1 and 7.6.7.
7.4.7.2.
Animation: Signs displaying animation, movement or changing messages (by flashing or blinking lights or other electrical means) and signs designed to attract attention by a change of light intensity, repeated or intermittent motion will not be permitted except as described in §§ 7.4.1 and 7.6.7. Lights used to illuminate a sign, or light-emitting signs described in § 7.6.7 are only allowed to modify their intensity based on the time of day and/or external ambient light levels in order to maintain constant brightness over ambient levels.
7.4.7.3.
Moving parts: Signs containing moving parts, such as moving signs, swinging signs, revolving signs, signs consisting of pennants, ribbons, streamers, spinners, strings of light bulbs, inflatable signs, tethered balloons or other distracting devices, will not be permitted for reasons of safety.
7.4.8.
Other nonpermitted signs:
7.4.8.1.
Interior signs, visible from the street, which do not comply with this bylaw.
7.4.8.2.
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises, with the exception of landmark signs.
7.4.8.3.
Any trailer-style movable sign or vehicle used primarily or intentionally as a sign.
7.4.8.4.
No new billboards or nonaccessory signs will be permitted.
7.4.8.5.
Off-premises signs are prohibited.
§ 7.5 Signs in Residence and Agricultural-Residence Districts.
In Residence Districts, the following signs and no others are permitted:
7.5.1.
One sign per lot indicating the names of the occupants thereof shall be permitted. This sign shall not exceed two square feet of area.
7.5.2.
One sign per lot relating to an allowed accessory use under this Zoning Bylaw shall be permitted. This sign shall not exceed four square feet of area.
[Amended 10-26-2023 ATM by Art. 10]
7.5.3.
Signs in the residence districts must be located at least 10 feet away from the front lot line.
§ 7.6 Signs in Limited Business, Local Business, Business and Industrial Districts.
In any Limited Business, Local Business, Business and Industrial Districts only signs that meet the following standards shall be permitted:
7.6.1.
Signs must be farther than 20 feet from the front lot line.
7.6.2.
The surface area of any and all signs allowed on each building shall not exceed 10% of the area of the wall on which it is displayed.
7.6.3.
Single-tenant properties: For single-tenant businesses accessed directly from the street, right-of-way or parking area, the following standards apply:
7.6.3.1.
Up to four wall signs are permitted per business establishment, provided they shall be attached to and parallel to the walls of the building.
7.6.3.2.
A business establishment shall have a total sign area allowance of 40 square feet in Limited Business and Local Business Districts, and 64 square feet in Business and Industrial Districts.
7.6.3.3.
One freestanding ground sign is permitted, provided it does not exceed 40 square feet in surface area in Limited Business and Local Business Districts, and 64 square feet in surface area in Business and Industrial Districts. The sign area of this freestanding ground sign does not count towards the business establishment's sign area allowance.
7.6.4.
Multi-tenant properties in Limited Business and Local Business Districts: For multi-tenant properties in the Limited Business and Local Business Districts, the following standards apply:
7.6.4.1.
One wall sign shall be allowed for each tenant with access and frontage along a street, right-of-way or parking area, provided they shall be attached to and parallel to the walls of the building.
7.6.4.2.
The total sign area allowance shall not exceed a total of 20 square feet.
7.6.4.3.
One freestanding ground sign or directory sign is permitted for each lot, provided it shall not exceed 40 square feet in surface area. Directory signs shall be designed and constructed with provisions to allow for changes of occupancy without reconstruction of the entire sign. The sign area of this freestanding ground sign does not count towards the business establishment's sign area allowance.
7.6.5.
Multi-tenant properties in Business and Industrial Districts: For multi-tenant properties in the Business and Industrial Districts:
7.6.5.1.
One attached wall sign shall be allowed for each tenant with direct exterior entrance available for public use along a street, right-of-way or parking area, provided it shall be attached to and parallel to the main wall of the building.
7.6.5.2.
The total sign area allowance shall not exceed a total of 40 square feet.
7.6.5.3.
One freestanding ground sign or directory sign is permitted for each lot, provided the sign shall not exceed 64 square feet in surface area. Directory signs shall be designed and constructed with provisions to allow for changes of occupancy without reconstruction of the entire sign. The sign area of this freestanding ground sign does not count towards the business establishment's sign area allowance.
7.6.6.
Specialty signs: The following specialty signs will also be allowed:
7.6.6.1.
Canopies that do not appear as internally lit signs. Lighting under canopies must be recessed and directed downward. No signs may appear on canopies.
7.6.6.2.
Gas station pricing pods (signs which display the current price of gasoline) which do not exceed 16 square feet. These may be incorporated on the same post or pylon as the freestanding stand.
7.6.6.3.
One "Open" flag per business not to exceed three feet by five feet in size.
7.6.6.4.
Banners for special events such as grand openings, charitable, religious, or civic events, provided they conform to § 7.8.
7.6.7.
Light-emitting signs: The following are the only light-emitting signs that are allowed under this bylaw:
7.6.7.1.
Signs behind an exterior-facing window where the aggregate display surface on any one sign does not exceed six square feet and provided that it is not illuminated past 10:00 p.m. local time or 30 minutes after the closing of the business, whichever is later. No more than two of such signs will be allowed per business.
§ 7.7 Signs in Floodplain District.
No new signs shall be permitted in the Floodplain District.
§ 7.8 Temporary signs.
7.8.1.
Temporary signs must conform to all the requirements for permanent signs with respect to side yard and height requirements.
7.8.2.
Temporary signs relating to a religious or charitable campaign or event shall be allowed in all districts in excess of the usual limits, but not to exceed 12 square feet in area and no more than one sign per lot, except by special permit from the Zoning Board of Appeals. All such signs shall be removed within 15 days of the completion of the activity to which they relate. No sign shall remain for more than 60 days.
7.8.3.
Temporary signs shall not be affixed to utility poles.
7.8.4.
In any district, one or more temporary signs of an architect, engineer or contractor during the period such person is performing work on the premises on which said sign is erected shall be permitted, provided it shall not exceed 10 square feet in surface area and it shall be set back at least the minimum setback for the particular district in which it is located.
7.8.5.
One sign pertaining to the sale or lease of the premises shall be permitted on site, provided such sign does not exceed a total area of 10 square feet. Off-premises real estate signs are prohibited.
§ 7.9 Nonconforming signs.
Signs legally existing at the time this bylaw is adopted may continue as nonconforming uses subject to the provisions of § 5.1 of the Zoning Bylaw of the Town of Hadley.
§ 7.10 Signs on Public Property.
[Added 5-5-2022 ATM by Art. 24]
7.10.1.
Except as otherwise provided in this section, it shall be unlawful for any person to place a sign on public property where said sign fails to comply with any of the restrictions stated in this bylaw. Unlawful signs shall be removed by Zoning Enforcement Officer and forfeited.
7.10.2.
Placement of signs on public property shall be approved by the Board of Selectmen.
7.10.2.1.
Permits for signs on public property shall be issued through the Building Inspector and the Building Inspector may charge an appropriate fee for said permit.
7.10.3.
Restrictions applicable to signs on public property (unless specified elsewhere in this bylaw):
7.10.3.1.
No sign shall exceed 42 inches in height.
7.10.3.2.
No sign shall exceed six square feet in area per side, no more than two sides.
7.10.3.3.
All signs shall be constructed or anchored to prevent movement of the sign, except that an anchor shall not be permanent and shall not damage the property on which it is placed.
7.10.4.
Restrictions applicable to the placement of signs:
7.10.4.1.
No sign shall be attached to, or leaned against, any street furniture, utility facility (including poles and boxes), street light or any other sign.
7.10.4.2.
No sign shall be placed in such a manner as to reduce or obstruct the path of travel on any road, sidewalk ramp or any Town- or state-owned sidewalk.
7.10.4.3.
There shall be no illumination of any type on the sign, external nor internal.
7.10.4.4.
Signs may not exceed one sign per lot, or one sign per business on tenant lots.
7.10.4.5.
No sign shall be placed in such a manner that it impedes the visual ability or line of sight of vehicles or pedestrians exiting or entering any public or private way.