Harwich City Zoning Code
ARTICLE VII
Sign Regulations
[Amended 11-12-2009 STM by Art. 14]
§ 325-23 Purpose and scope.
A.
The purpose of this article is to regulate signs which facilitate communication, promote the safety of motorists and pedestrians by preventing distractions and obstructions of public ways and walks that may be caused by signage, prevent visual clutter, and encourage economic development by allowing the siting of signage that identifies businesses and other land uses in ways that complement and enhance our community's character.
B.
This sign regulation provides a permitting system to govern the placement of advertising and other informational signs both outdoors and in windows within the Town of Harwich.
§ 325-24 Relationship to other bylaws.
A.
Nothing in this bylaw shall be construed as exempting an applicant from any other applicable Town, county, state, or federal bylaws.
B.
To the extent that the requirements of this bylaw differ from or are not in accordance with any other applicable requirements, the more restrictive requirements shall apply.
C.
All signs erected within the Historic District shall conform to all Historic District requirements.
§ 325-25 Definitions.
BUILDING OFFICIAL
The Harwich Building Commissioner or Building Inspector.[1]
BUSINESS OPERATIONS SIGNS
Any on-premises sign used in the day-to-day operations of a business such as:
A.
BUSINESS HOUR SIGNS
"Open/closed" and related hours-of-operation signs which do not exceed one square foot.B.
DIRECTIONAL SIGNS
Any on-premises sign that directs the movement or placement of pedestrian or vehicular traffic without reference to or inclusion of the name of a product sold or services performed.C.
"OPEN" FLAG
One "open" flag per business establishment shall be allowed and shall not exceed 24 square feet in size.CAUTIONARY SIGNS
Signs warning of prohibited activities such as trespassing, hunting, fishing, or swimming. For regulations, see § 325-29A(1).
CLUSTER SIGN
A ground sign which provides space for identifying multiple tenants or uses within a project or premises having more than one tenant or use such as a business, commercial or industrial development.
ELECTION/TOWN MEETING SIGN
Any sign erected by the Town of Harwich to alert the public to an election or a Town Meeting.
FLYERS
Flyers for special events measuring not more than two square feet in total area.
FREESTANDING PORTABLE SIGN
A single- or double-faced, self-supporting sign made of wood, cardboard, plastic, metal or other lightweight and rigid material.
[Added 5-6-2019 ATM by Art. 24]
GROUND SIGN
A sign supported by poles, uprights or braces extending from the ground but not attached to any part of a building.
HOME OCCUPATION SIGNS
Signs identifying any home occupation as defined by the Harwich Zoning Bylaw. For regulations see § 325-29A(2).
MUNICIPAL PROPERTY
Any land owned and/or controlled by the Town of Harwich, including public rights-of-way. Municipal-owned property, for purposes of this regulation, shall be determined by the road layout as maintained by the Highway Department with the assumption that the road is properly located. For ease of determination, any property located between the edge of the municipal-owned road surface and the greater distance to any of the following shall be considered municipal owned or controlled: street sign, utility pole, fire hydrant and/or sidewalk.
MUNICIPAL SIGNS
Permanent signs posted for more than 60 consecutive days by a Town entity and placed on Town property or within the municipal property right-of-way required or authorized for a public purpose by law or statute. For regulations, see § 325-30.
MUNICIPAL SIGNS, TEMPORARY
Signs posted for 60 or fewer days by a Town entity and placed on municipal property for the purpose of promoting a Town-sponsored event or alerting the public to a public safety matter or event. For regulations, see § 325-30.
OFF-PREMISES SIGN
Signs placed on property separate from where a business is located. For regulations, see § 325-29A(3).
ON-PREMISES SIGN
Signs placed on the same property where a business is located. The sum of all signage on a property shall not exceed that allowed in §§ 325-27 and 325-29 unless otherwise exempted.
QUARTERBOARD, RESIDENTIAL
A decoratively carved and painted wood sign fashioned after those traditionally used on sailing vessels. For regulations, see § 325-29A(5).
REAL ESTATE SIGNS
A temporary wall or ground sign advertising the sale, rental, or lease of a designated structure or land area for a permitted use on which the signs are located. For regulations, see § 325-29A(6).
SIGN
Includes every advertising message, announcement, declaration, demonstration, illustration, insignia, surface or space erected or maintained in view of the observer thereof primarily for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of a sign shall also include the sign structure, supports, lighting system, and any attachments, flags, ornaments or other features used to draw the attention of observers and shall further include collection boxes. Indoor or outdoor displays of merchandise for sale at retail on the premises shall not be considered a sign for the purposes of this bylaw. The definition does not include decorations or ornamentation that is not integral to the nature of the business or the purpose of the sign.
SIGN PERMIT
A permit issued by the Building Department for the erection, construction, enlargement, alteration, repair, or improvement of any sign requiring a permit. Such permit shall be permanently displayed and available. At the option of the Building Official, temporary and/or off-premises signs may require a special sticker.
SUBDIVISION SIGNS
A sign placed at the street entrance to a subdivision. For regulations, see § 325-29A(7).
TEMPORARY SIGNS
Temporary signs may not exceed nine square feet in area and may not be more than four feet in height. Temporary signs may be placed on commercial properties no more than twice a year, 10 days in succession each time. Temporary signs may advertise special sales, anniversaries, grand openings, and other similar special events.
UMBRELLA SIGNS
Signage as part of an umbrella that advertises the name of a particular establishment or a product for sale on the premises. For regulations, see § 325-29D.
VENDING MACHINES
The portion of any internally illuminated vending machine which advertises a product. For regulations, see § 325-29E.
WALL SIGN
A sign attached to, painted on, or erected against a wall or roof of a building or structure whose display surface is either parallel or perpendicular to the face of the building. For regulations, see § 325-29F.
WATER DEPARTMENT SIGN
A municipal sign that includes any sign erected by the Town of Harwich Water Department to alert the public to any drinking water related event, including but not limited to flushing of pipes and water use restrictions.
[1]
Editor’s Note: The definition of "A-frame/easel/sandwich signs," which immediately preceded this definition, was repealed 5-6-2019 ATM by Art. 24.
§ 325-26 General requirements.
A.
Before a nonexempt sign (see § 325-31) is erected, constructed, structurally altered or moved, it shall conform to all applicable requirements contained in this bylaw, including Historic District requirements when applicable, and shall be approved and shall have received a permit from a Building Official unless the sign is expressly exempted herein from the provisions of this bylaw.
B.
Before any sign receives a permit from a Building Official the application shall be reviewed by Planning Department staff.
C.
A preapplication conference with the Building Department is encouraged in order for the applicant to become acquainted with application procedures, design standards, and related Town ordinances.
D.
Sign placement shall not create a hazard or interfere with snow removal or vision or movement of motorists, pedestrians and bicyclists.
E.
All signs shall be reasonably placed so as to not obscure other signs.
F.
No signs shall be located in a public right-of-way nor shall they be located so as to block a public or private sidewalk, stairway, driveway or parking lot or impair sight distances for motorists or pedestrians.
G.
No sign shall be affixed to or posted in front of any guardrails located in a public right-of-way.
H.
Signs shall be externally lit or backlit only and shall be designed, installed and maintained so as to eliminate or minimize upward-directed light and glare and so that lights illuminate only the sign and not property which adjoins or is nearby.
I.
Nonmunicipal developments having more than one tenant or use within a project or premises shall provide a master sign plan for the entire structure or project for review and approval by the Planning Department staff prior to any sign permit approval by a Building Official.
J.
Luminous tube/neon/internally illuminated signs are permitted to be displayed in windows or on vending machine(s) only. The total area of all luminous tube/neon/internally illuminated signs shall not exceed six square feet. No animated signs are permitted.
K.
Freestanding portable sign.
[Added 5-6-2019 ATM by Art. 24]
(1)
A sign permit from the Building Department shall be required;
(2)
The area of the sign shall be no more than six square feet per side;
(3)
The sign height above the ground shall not exceed three feet;
(4)
The sign width shall not exceed three feet;
(5)
The sign shall be unlit, shall be inaudible, and shall have no moving parts (except any necessary hinge to fold and unfold said sign);
(6)
The sign shall be stable and have no external supports;
(7)
The sign area (one side only) shall count towards the total allowable sign area (in square feet) for the business, pursuant to § 325-27;
(8)
The sign shall indicate no more than the name of the business, a special event, hours of operation, sale of a product or service, and price;
(9)
Only one freestanding portable sign per business may be located on a property; a business with street frontage on two streets may have no more than one such sign on each street front; however, if there are multiple businesses on a property, there shall be no more than one such sign per business, regardless of the street frontage;
(10)
The sign may only be displayed up to two hours before the business is open to the general public and during the time business is open to the general public; and
(11)
The sign shall also comply with the requirements of § 325-26D through G, above.
§ 325-27 Sign area measurement.
A.
Unless otherwise specified in the definition, all signs shall meet the area measurement requirements of this section.
B.
The area of a sign face shall be computed by measurement of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display. This shall include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The area calculation shall not include structural supporting framework, bracing or wall. If any advertising is present on the supports of a sign, the area of the supports will count towards the total allowable signage. Where there are two faces back to back, the total area of the largest face shall determine the area of the sign.
C.
No ground sign may exceed 12 feet in height unless otherwise specified.
D.
For single-tenant, nonmunicipal business accessed directly from a street, right-of-way or parking area, the maximum permitted area of all nonexempt signs shall be 48 square feet per respective public entrance facade. Nonexempt signs counting towards the 48 square feet include any sign on a property at any time, including but not limited to signs put out and taken in on a daily basis, and signs in windows.
E.
Nonmunicipal developments having more than one tenant or use within a project or premises may construct one cluster sign containing the name of the development and/or listings of individual businesses, products or services within the development of up to 60 square feet.
(1)
Each tenant may have signage at the location of its business of up to 48 square feet per public entrance facade. Nonexempt signs counting towards the 48 square feet include any sign on a property at any time, including but not limited to signs put out and taken in on a daily basis, and signs in windows.
(2)
Total sign area within the master sign plan is subject to the size limitations of this section. Sign area cannot be transferred to a single building or facade from other buildings in the project. In addition, the amount of signage assigned to a specific space in a building shall be tied to that space through the lease or purchase agreement. Under no circumstances may the sign area designated for an individual space be transferred to another space in the same building or complex.
F.
Additional cluster signs may be allowed by special permit from the Planning Board. Signage in excess of 48 square feet and/or allocation of total allowed square footage over entry and nonentry facades, as referenced above in Subsections D and E(1), may also be allowed by special permit from the Planning Board.
§ 325-28 Construction and maintenance.
A.
All signs and sign structures shall be constructed of materials of sufficient strength and quality to withstand weathering or deterioration by wind, moisture and other natural elements and shall be maintained in a state of good repair with all braces, bolts, supporting framework, fastenings, lettering and design work free from deterioration.
B.
Old signs and related hardware/structural supports shall be removed before any new sign is erected unless the old sign and related hardware/structural supports have been incorporated into the overall design or structural support of the new sign and approved pursuant to this article.
C.
A Building Official shall have the authority to order the repair, alteration or removal of any sign or structure which constitutes a hazard to public health and safety or which is otherwise not in compliance with this bylaw.
D.
If an immediate public safety concern so requires, the Building Official may take any necessary action, including removal of a sign.
§ 325-29 Additional requirements for specific signage.
A.
On private and commercial properties.
(1)
Cautionary signs may be posted on each lot line; however, no signs may be within 100 feet of each other. Cautionary signs are limited to one square foot or less per sign.
(2)
Home occupation signs shall be limited to a wall or a ground sign. The total square footage of any home occupation sign shall not exceed nine square feet in area and may be illuminated in commercial zones per § 325-26 of this bylaw. Wall signs may be attached to any structure and/or fence. A person seeking to erect a home occupation sign shall be required to complete the home occupation worksheet with the Building Department.
(3)
Off-premises sign.
(a)
Any business wishing to place a sign on property other than its own shall obtain written permission from the property owner where the sign will be posted and shall provide said written permission to the Building Official with the permit application or notification materials, except for those public locations listed in this section.
(b)
An off-premises business sign shall only be posted within a commercial or industrial district, except for agricultural uses as defined in Article II (Definitions) of this bylaw which may be posted within a residential district and opposite the exit ramps for Route 6 on Routes 124 and 137.
(c)
Entities wishing to place off-premises signage on state-owned property or within state rights-of-way not listed above such as Route 28 and the off-ramps at Route 6 on Routes 124 and 137 shall seek permission from the state, in addition to meeting local requirements.
(d)
An off-premises sign shall be included in the calculation of total allowable signage for the property or business it is placed upon and shall not be in addition to allowable signage as specified in this article unless otherwise exempted.
(e)
No permanent, noncommercial, nonmunicipal sign shall be allowed on any municipal property, except in accordance with all of the requirements set forth herein.
(4)
Political signs. Political signs are allowed in all zoning districts on private property with the authorization of the owner of the property on which the sign is to be displayed. The signs must be removed within 60 days of posting or one week following the date of the election for which they are posted.
(5)
Quarterboard, residential. A residential quarterboard shall not advertise a business or profession and shall not exceed 18 inches in height or 10 feet in length and shall be wall mounted.
(6)
Real estate sign. One sign of not more than nine square feet shall be allowed per street frontage, shall not be illuminated, shall not be located within the public right-of-way, and shall be removed immediately once the property is rented or leased or sale is completed.
(7)
Subdivision sign. One externally illuminated sign may appear at each street entrance and is limited to a maximum of 20 square feet per sign and may not exceed six feet in height.
(8)
Parking signs shall be limited to one square foot per parking space.
B.
Temporary signs on municipal property. A temporary, noncommercial, nonmunicipal sign may be located on municipal property if all of the requirements set forth herein are satisfied:
(1)
The sponsoring organization of any temporary on- or off-premises signs shall be required to file a notice with a Building Official prior to display.
(2)
Temporary signs shall be erected for no more than 60 days and removed within 72 hours after the event.
(3)
Temporary signs shall conform to all applicable requirements.
(4)
Temporary signs may be posted in the designated municipal areas after notice has been filed with the Building Official. Temporary, noncommercial, nonmunicipal signs on municipal property shall be permitted only at the following locations:
[Amended 5-8-2012 STM by Art. 5]
(a)
East Harwich: the intersection of Routes 39/137, at the Fire Station 2, on the corner at the so-called "flagpole parcel."
(b)
North Harwich: facing Queen Anne Road in the grass area east of the entrance to the transfer station.
(c)
Doane Park on the north side of the park on Route 28.
(5)
The Town shall not be responsible to maintain or safeguard any nonmunicipal sign on municipal property and such placement shall be entirely at the sign owner's risk.
(6)
Any sign placed on any municipal property, other than as specified herein, may be removed by the Building Official. Such sign shall be retained by him for 14 days and may be reclaimed with a payment of $10 per sign. After 14 days, such sign shall be disposed of without any prior notice to the sign owner or liability for damages by the Town.
(7)
No temporary, noncommercial, nonmunicipal sign shall be allowed at the above-specified locations unless it satisfies the following requirements:
(a)
It shall not exceed nine square feet in size and shall not exceed six feet in height, except that it shall not exceed four feet in height at Doane Park on Route 28.
[Amended 5-8-2012 STM by Art. 5]
(b)
It shall not be in place for more than 60 days.
(c)
It shall not be chained, locked or permanently affixed to any surface, structure or landscape feature.
(d)
It shall not block a public sidewalk, stairway, driveway or parking lot, nor shall it impair sight distances for motorists.
(e)
It shall not be placed so as to block any other sign already in place.
(8)
Entities wishing to place off-premises signage on municipal property not listed above shall seek permission from the Board of Selectmen during a scheduled public hearing.
(9)
No sign exempted under § 325-31 shall be allowed on the above-referenced municipal properties.
C.
Flyers. For those flyers not displayed in windows, they shall not be attached to trees, utility poles or be located within a public right-of-way. Such flyers may be posted for no more than 60 days and must be removed within one week after the event. Flyers posted in violation of this bylaw shall be subject to removal by the Building Official without liability to the Town.
D.
Umbrella signs. Umbrellas containing the name of a particular establishment shall count against the establishment's total signage. Umbrellas containing the name of a product for sale on the premises shall not count against the establishment's total signage.
E.
Vending machines. Vending machines shall be counted against the total allowable signage unless exempted under § 325-31 or internally located and shielded from public view.
F.
Wall sign. Projecting wall sign shall extend no more than 36 inches from the surface upon which it is attached, shall not exceed the height of the building on which it is mounted and must have at least eight feet of ground clearance.
G.
Construction signs. One temporary wall or ground sign not more than eight square feet indicating the construction, remodeling or rebuilding of a certain structure for a permitted use shall be allowed on the parcel on which the structure is located with written permission of the property owner. The sign shall not be illuminated and shall be removed immediately upon final inspection.
[Added 5-2-2016 ATM by Art. 47]
§ 325-30 Additional requirements for municipal signs.
A.
A temporary or permanent municipal sign may be placed on municipal property, provided all of the requirements set forth herein are satisfied.
B.
Municipal signs that announce water system information or municipal traffic signs, as approved by the Harwich police and Harwich Department of Highways and Maintenance, shall be permitted in a public right-of-way as a matter of right.
C.
Permanent municipal signs shall not exceed 60 square feet for ground signs or cluster signs or 48 square feet for wall signs. Only one cluster sign shall be permitted per property or premises, unless more than one cluster sign is expressly allowed by the Planning Board.
[Amended 5-8-2012 STM by Art. 5]
D.
Town departments shall have authority over any sign placed on the land and/or buildings under their control, including signs placed by other Harwich municipal entities. Signs may remain in place as needed, at the discretion of the entity with authority over the property. Notice of such signs shall be required to be filed by the Town entity with a Building Official prior to display. Note that this does not apply to the following: election/Town Meeting signage and Water Department signage.
§ 325-31 Exemptions from permit requirements.
The following signs do not count towards the total permitted signage unless otherwise indicated and do not require a permit or notification to the Building Official:
A.
Business hour signs.
B.
Cautionary signs.
C.
Home occupation signs.
D.
Municipal signs.
E.
Municipal signs, temporary.
F.
Political campaign signs.
G.
Real estate signs.
H.
Residential quarterboard.
I.
Special event flyers.
J.
Umbrella signs.
K.
Vending machines: one per premises unless more allowed by special permit.
L.
Water Department signs.
M.
Town Meeting/election signs.
N.
Open house and tag sale signs if displayed for not more than 48 hours.
O.
Temporary signs.
§ 325-32 Nonconforming signs.
Lawfully preexisting signs that do not comply with the provisions of this bylaw at the time of its adoption may be maintained so long as they are kept in a state of good repair as specified in § 325-28 of this bylaw and so long as they are not relocated, replaced or structurally altered. Preexisting signs that are relocated, replaced, structurally altered or not kept in a state of good repair as specified in § 325-28 of this bylaw shall not be allowed to continue as nonconforming signs and shall require new permits and compliance with this bylaw. A lawfully preexisting nonconforming sign destroyed by natural disaster or accident can be replaced by a sign of the same dimensions in the same location as the original sign.
§ 325-33 Appeals.
Any applicant who believes a denial is not justified has the right to appeal to the Board of Appeals and to appear at a meeting for which proper notice can be given and agenda time is available. Intention to take an appeal to the Board of Appeals shall be filed with the Town Clerk in writing within 30 business days following the denial of the permit by a Building Official, pursuant to MGL c. 40A. Applicants appealing to the Board of Appeals may request review of the decision of a Building Official or a variance to the sign regulation pursuant to MGL c. 40A, § 10.
§ 325-34 Violations.
Violation of this bylaw is subject to enforcement action through the Building Department pursuant to § 325-48 of the Town of Harwich Zoning Bylaw.
§ 325-35 Severability.
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Harwich Zoning Bylaw.