Hopkinton City Zoning Code
ARTICLE XXVII
Signs
[Added 5-4-2009 ATM by Art. 18; amended 5-2-2016 ATM by Art. 36]
§ 210-176 Purpose.
The requirements of this Article are intended to: 1) facilitate efficient communication; 2) avoid conflict between signs and the visual qualities of the environs; 3) support economic vitality and opportunity; and 4) encourage compatibility and harmony with surrounding buildings, land and land uses.
§ 210-177 Definitions.
For the purpose of this Article, the following terms shall have the following meanings:
BANNER
A temporary sign that is applied to cloth, paper, flexible plastic or fabric of any kind, and that is hung from the ends and/or the top thereof.
BUSINESS ESTABLISHMENT
A lawfully existing non-residential use.
GOVERNMENT SIGN
A sign that is constructed, placed or maintained by the federal, state or local government or that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner’s rights.
HEIGHT
The vertical distance measured from the finished grade at the sign to the highest point of the sign or its supporting structure, whichever is higher.
SANDWICH BOARD SIGN
A portable A-frame sign constructed of durable materials with two flat faces and designed to be displayed on the ground.
SIGN
Any letter, word, symbol, drawing, picture, design, device, article or object of whatever material and manner of composition or construction that is displayed in an exterior location. The term “sign” shall not include: historical date plaques and markers, athletic scoreboards, pavement markings, memorials and monuments, decorations, traffic control devices, trailhead markers, kiosks, or flags and insignias of governmental jurisdictions.
SIGN AREA
The area that includes all lettering, wording and accompanying symbols or designs as well as the background on which they are displayed, whether open or enclosed, any frame around such background and any cutouts or extensions. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, wall or building shall be considered to be that of the smallest rectangle comprised of horizontals and verticals that encompasses all of the letters and symbols. Only one side of a two-sided identical sign shall be counted in computing the area of a sign.
TEMPORARY SIGN
A sign that, by its design or use is temporary in nature and not permanently affixed. Temporary signs are frequently composed of paper, plastic, fabric, posterboard or cardboard, and are typically displayed on property that is for sale, lease or rental, under construction, where a garage, yard or special sale is being held, or where a seasonal or occasional use or event is occurring.
§ 210-178 General regulations.
[Amended 5-1-2017 ATM by Art. 39]
The following regulations shall apply in all zoning districts:
A.
No exterior sign shall be displayed except as provided in this Article, except as exempted by this or other applicable law.
B.
No sign shall be displayed so as to create a hazard, obstruct the line of sight at an intersection or obstruct pedestrian travel on public sidewalks.
C.
Neon signs, including any sign that features exposed glass tubing filled with fluorescent gas, are prohibited. No messages or graphics on permanent signs shall be formed by lights of any kind.
D.
No sign shall be mounted, affixed or painted on roofs or on parapet walls, or extend above the roof eave line of a building.
E.
No sign shall flash, rotate, be animated, make noise, be motorized or move or be designed to move by any means, either in whole or in part.
F.
Notwithstanding any provision of this Article to the contrary, signs may be displayed within the right of way of the following major public ways, if authorized by the Select Board: East Main St., Main St., Cedar St., West Main St., Wood St., South St. and Hayden Rowe Street. Such signs shall not exceed 20 square feet in area and shall not be illuminated.
G.
The provisions of this Article shall not apply to government signs.
H.
Signs may be externally illuminated by steady, stationary light shielded and directed solely at the sign; signs may be backlit or channel lit. Internally illuminated box and panel signs are prohibited.
I.
Signs attached to a building shall be placed and aligned to define or enhance the building’s architectural elements. Sign design shall be reasonably compatible with the mounting location, height, proportions and materials of other signs on the same lot.
J.
Unless specifically authorized by this Article, no sign that advertises goods, products or services that are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located shall be permitted.
K.
No sign that is mounted to be flush with a building wall shall be more than 6 inches in depth.
L.
No portion of any wall sign or projecting sign shall be above the first story of a building.
§ 210-179 Temporary signs.
Temporary signs and banners are permitted in all zoning districts as follows:
A.
No more than 2 temporary signs may be displayed on a lot, neither of which shall exceed 8 square feet in area. A temporary sign shall not be displayed for more than 30 days.
B.
One banner for each business establishment may be displayed on the premises of such use. Such banners shall not exceed 24 square feet in area, and shall not be displayed for more than 30 days.
C.
Temporary banners may be displayed over Main Street if authorized by the Select Board and subject to such limitations as it shall require. Such banners shall not be displayed for more than 14 days and may not exceed 75 square feet in area.
D.
For a period of time beginning 30 days before Patriots Day and ending two days after Patriots Day every year, there shall be no maximum number of temporary signs and banners permitted, and the maximum size of temporary signs shall be 24 square feet.
E.
For a period of time beginning 30 days before a municipal, state or federal election and ending two days after the date of the election, there shall be no maximum number of temporary signs permitted.
F.
Business access during construction in right-of-way.
(1)
“Affected business” shall be defined, for the purposes of this section, as a business for which access can be reasonably determined by the Zoning Enforcement Officer to be blocked, hindered, or otherwise adversely affected due to nearby construction within the right-of-way.
(2)
Each affected business may display up to four (4) temporary signs or sandwich boards within 600 feet of the property line for the purpose of directing customers to parking, indicating hours of operation, or displaying messaging such as “open during construction” or other special instructions to customers.
(3)
Temporary signs for affected businesses shall not be limited to the 30-day maximum duration, as set forth within this section, but shall be allowed to remain in place until the business is no longer affected by the construction within the right-of-way, as determined by the Zoning Enforcement Officer.
§ 210-180 Sign regulations by zoning district.
[Amended 5-1-2017 ATM by Art. 39]
A.
Signs are permitted by right in each zoning district as follows.
(1)
Residence A, Residence B, Residence-Lake Front and Agricultural Districts:
(a)
Signs displayed on property that is for sale, lease or rental, not to exceed 6 square feet in area.
(b)
Temporary or permanent signs that advertise goods, products or services that are sold, manufactured or distributed on or from the premises or facilities on which the sign is located, not to exceed 6 square feet in area.
(2)
Business, Downtown Business and Rural Business Districts.
(a)
Wall signs and projecting signs shall be allowed on each side of a building facing a public way or parking lot. The area of such signs shall not exceed, in the aggregate, 1.5 square foot for each linear foot of a building wall that faces a public way or parking lot. If a building or business establishment has a street level public entrance that does not face a public way or parking lot, there may be one secondary wall sign in the vicinity of each such entrance, not to exceed 15 square feet in area.
(b)
Except as otherwise provided herein, one standing sign per lot shall be allowed, not to exceed 32 square feet in area. Lots that have frontage on more than one public way may have two standing signs on the lot, not to exceed 32 square feet in area, each along a different public way. The height of standing signs shall not exceed 10 feet.
(c)
Each business establishment may display one sandwich board sign or other standing sign not permanently affixed to the ground on the premises when the business establishment is open to the public. Such sign shall not exceed 8 square feet in area.
(d)
Permanent signs shall conform to all applicable side yard and rear yard requirements.
(e)
Two accessory signs per lot may be displayed. No such accessory sign shall exceed 2 square feet in area.
(f)
In Rural Business Districts, illuminated signs shall be shielded from view of any residential district lot line adjoining the premises, except as authorized by Special Permit issued pursuant to section 210-180(B).
(g)
Signs displayed on property that is for sale, lease or rental of the premises, not to exceed 6 square feet in area.
(3)
Industrial A and Industrial B Districts.
(a)
A non-illuminated sign displayed on property that is for sale, lease or rental, and having an area of not more than 32 square feet, shall be permitted.
(b)
Permanent signs shall conform to all applicable side and rear yard requirements. Signs may be located no nearer than 15 feet to the edge of a street.
(c)
There may be one standing sign at the entrance to each individual parcel of land, not to exceed 32 square feet in area and 10 feet in height. There may be one wall sign for each business establishment, each not to exceed 32 square feet in area. In addition, there may be one wall sign at the top of the building, not to exceed 32 square feet in area; provided, however, that the sign does not extend above the roofline of the building.
(d)
Additional non-illuminated signs that do not exceed 2 square feet in area and, if freestanding, do not exceed 4 feet in height are permitted on a lot.
(4)
Professional Office District; Campus Style Developments approved by the Planning Board pursuant to Article XIV:
(a)
There may be one standing sign at the main entrance to a development site, not to exceed 32 square feet in area and 10 feet in height which shall not be located closer than 15 feet to the edge of a street.
(b)
There may be one standing sign at secondary entrances to a development site, not to exceed 15 square feet in area and 10 feet in height which shall not be located closer than 15 feet to the edge of a street.
(c)
Each building within a development site may display one wall or standing sign, located on or at the front of the building, not to exceed 25 square feet in area.
(d)
There may be up to three additional signs within a development site, each not to exceed 2 square feet in area, and if freestanding, not to exceed 4 feet in height.
B.
The following signs shall be allowed by Special Permit from the Board of Appeals, upon a finding that the sign will further the Purposes of this Article, and is otherwise appropriate for the size of the property, any buildings thereon, and the neighborhood setting.
(1)
Signs, not otherwise permitted by right, to be displayed in connection with allowed uses, subject to such limitations as may be imposed by the Board of Appeals.
§ 210-181 Special regulations.
A.
Garden Apartments in Residential Districts, Village Housing in Residential Districts, Senior Housing Development, Open Space Mixed Use Development Overlay District: In developments approved by the Planning Board pursuant to Article XIII, Garden Apartments in Residential Districts Article XIIIA, Village Housing in Residential Districts Article XVIA, Senior Housing Development and Article XXVI, Open Space Mixed Use Development Overlay District, all signs shall be solely subject to such limitations of size and usage as may be imposed by the Planning Board.
B.
Adult Uses: Signs shall be permitted subject to the requirements of those applicable to the Business District and Article XVI, Adult Uses, of this Chapter. No sign may depict or represent any sexual conduct or state of sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. Nor shall any such depictions or representations be placed upon or within the windows or walls of the premises so as to be visible to the public from the exterior of the premises.
C.
Wireless Communications Facilities: For wireless communications facilities permitted pursuant to Article XVI of this Chapter, there shall be no signs, except as required by the applicable Special Permit. All signs shall conform to the requirements of the zoning district in which the facility is located.
D.
Signs at a Registered Marijuana Dispensary (RMD) shall be subject to the requirements applicable in the Zoning District in which they are located, with the following additional restrictions:
(1)
At a minimum, all signs at RMDs shall be in compliance with the provisions of 105 CMR 725.105 or any applicable successor regulation of the Massachusetts Department of Public Health, as such provisions may be amended from time to time;
(2)
RMD window signs shall be limited to a maximum of 20% of the window area. No window sign shall be illuminated. Neon signs, including any sign that features exposed glass tubing filled with fluorescent gas, shall neither be displayed in windows; nor be visible through windows. No window signs or signs visible through windows shall flash, rotate, be animated, be motorized or move or be designed to move by any means, either in whole or in part.
§ 210-182 Nonconforming signs.
Legal nonconforming signs shall be regulated as follows:
A.
Except as otherwise provided in this Section, signs lawfully erected or displayed prior to the adoption of this Article may be maintained, reworded, redesigned, altered or repaired without requiring conformance with the provisions of this Article, provided that the sign is not thereby rendered more nonconforming.
B.
The protections set forth in this Section shall terminate with respect to any sign that 1) has been abandoned for 6 months or more; or 2) advertises goods, products or services that have not been sold, manufactured or distributed on or from the premises or facilities on which the sign is located for 6 months or more; or 3) has not been properly repaired or properly maintained within 60 days after notice thereof has been given by the Director of Municipal Inspections to the property owner of record.