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Hopkinton City Zoning Code

SECTION 27

- Signs.

(A)

Purpose. The provisions of this section (the word "section" when capitalized, indicates Section 27 of the Hopkinton Zoning Ordinance) are made to establish reasonable and impartial regulations for all exterior signs and to further the objectives of the Hopkinton Comprehensive Community Plan; to protect the general public health, safety, convenience and welfare; to eliminate traffic hazards caused by signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of traffic signs and signals; to protect the public investment in streets, highways, and other public improvements; to facilitate the creation of an attractive and aesthetically harmonious community; to protect property values; and to further economic development.

(B)

Definitions. As used in this section unless otherwise expressly stated in this section the following definitions shall apply:

Awning sign. A frame structure with a covering designed in awning form, the purpose of which includes signage.

Banner. Any piece of flexible material bearing a design, motto, advertisement or commercial message.

Billboard. See definition of "off-premise sign."

Bulletin board. A permanent structure where current notices and information are posted, which may be of interest to the general public.

Commercial center. A group of commercial businesses or uses in one (1) or more buildings or structures, located on a single site, and managed by a single business entity.

Directory. A sign which identifies the occupant(s) and/or uses in a professional, business, or manufacturing building(s) on the site of the uses.

Directional sign. A sign giving directions to the location of any use or activity.

Electric awning sign. A frame structure with translucent covering designed in awning form, the purpose of which includes signage, and which is internally illuminated.

Freestanding sign. A sign that is detached from a building and has a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick.

Illuminated sign. A sign illuminated from within, including neon signs.

Indirectly illuminated sign. A sign illuminated from an artificial exterior source.

Light Emitting Diodes (LED). A light source that contains semiconductors and electroluminescence to create light, using a small semiconductor crystal with reflectors and other parts to make the light brighter and focused into a single point.

Marquee. Any permanent roof-like structure projecting from a building designed and constructed to provide protection from the weather.

Manufacturing park or center. A group of manufacturing businesses or uses in one (1) or more buildings or structures, located on a single site, and controlled by a single business entity.

Monument sign. A ground sign generally having a low profile with little or no open space between the ground and the sign that has a structure constructed of masonry, wood, or materials similar in appearance.

Nit. A unit measurement of luminance or the intensity of visible light, where one (1) nit is equal to one (1) candela, per square meter.

Nonconforming sign. A sign that met all legal requirements, when constructed, but that is not in compliance with this section.

Off-site directional sign. A directional sign which is not on the premises of the use or activity.

Off premise sign. A sign, including a billboard, which advertises a use or activity, or a product not sold nor manufactured on the property on which the sign is located.

On-premise sign. A sign which advertises a use or activity located on, or a product sold or manufactured on the property on which the sign is located.

Organic Light Emitting Diodes (OLED). A light source used for visual displays that contains thin flexible sheets of an organic electroluminescent material.

Plaza. An open area or courtyard within a developed site.

Portable sign. A sign not attached to a building or structure or attached to the ground and which is capable of being placed upon various locations on a lot, for example; A-frame signs, trailer signs and the like.

Projecting sign. A sign that projects from the exterior of any building or wall.

Roof-mounted sign. A sign placed upon the roof of any building or portion thereof, or erected on a framework supported by the roof of a building.

Sign. Any device, fixture, placard, or structure that uses any color, form, image, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Static message. Text, graphic or other digital displays that show little or no change in movement.

Temporary sign. A sign that is displayed only for a specified period of time.

Trailer sign. A sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include advertising signs attached to a truck, chassis, detachable vehicle trailer or other such signs, but shall not include signs painted or otherwise inscribed on a self-propelled or towed vehicle which identify the product, service or an activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.

Wall-mounted sign. A sign erected against, painted on or attached to the wall of any building or structure, including signs affixed to fences, screens and freestanding walls.

Window sign. Any sign that is placed inside or upon the window panes or glass and is readily visible from the exterior of the window.

(C)

Sign computations.

(1)

Area. The area of a sign face shall be taken as the smallest rectangle that will enclose the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, fence or wall. Any such fence or wall shall otherwise meet the zoning ordinance regulations and be clearly incidental to the display itself. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back and are at no point more than sixteen (16) inches from one another, the area of the sign shall be taken as the area of the larger face.

(2)

Height. The height of a sign is measured from the normal grade directly below the sign to the highest point of the sign or any of its supports. Any elevation of the normal grade in the vicinity of the sign will be added to calculate the maximum height of the sign.

(3)

Setback. The distance from the outermost edge of the sign to the public right-of-way.

(4)

Projection over public right-of-way. The distance perpendicular to the property line, from the property line to the outermost edge of the sign, over any public right-of-way.

(D)

Signs permitted in any zoning district (no sign permit required). The following signs are permitted, provided, however, that such signs shall conform to all other applicable regulations, and further provided that such signs shall be neither illuminated nor indirectly illuminated, except as otherwise specified herein:

(1)

Name and address of resident, not to include any commercial advertising. Such signs shall not exceed two (2) square feet in area per side, and shall be limited to one such sign per dwelling unit.

(2)

No trespassing signs, or other such signs regulating the use of the property on which it is located, provided such signs do not exceed two (2) square feet in area.

(3)

Real estate signs, which advertise the sale, lease or rental of the property on which it is located, and shall not exceed six (6) square feet in area.

(4)

Signs Erected by the Town of Hopkinton, the State of Rhode Island or by the United States of America, pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation. Such signs may not be illuminated.

(5)

Memorial signs or tablets, and signs denoting the date of erection of buildings. Signs denoting the date of erection of buildings shall be wall-mounted or located on the ground and shall not exceed three (3) square feet in area.

(6)

Election signs, permitted in all zoning districts, with permission of the land owner. Election signs shall be removed within ten (10) days after the election, by the landowner where the sign is located. Signs are not to exceed thirty-two (32) square feet. No signs may be posted within a public right-of-way, including trees, utility poles or traffic signs.

(7)

The following signs customary and necessary to the operation of gasoline filling stations - Any sign required by federal or state statute, not to exceed two and one-half (2½) square feet per side, each.

(8)

Sale of produce raised on land signs shall be no larger than twelve (12) square feet per side or two (2) signs no larger than six (6) square feet each per side, and shall not be illuminated in any manner.

(9)

Handicapped parking space sign - Signs not exceeding two (2) square feet in area reserving parking spaces for handicapped motorists.

(10)

Bulletin boards, for non-commercial institutions, such as libraries, churches and schools, when located on-premise, provided such signs do not exceed fifteen (15) square feet total and bear no commercial advertising. There shall be no more than one such sign per site. Such sign may be indirectly illuminated. Where a bulletin board has two (2) or more faces, the area of all faces shall be included in determining the area of the bulletin board, except that where two (2) such faces are placed back to back and are at no point more than sixteen (16) inches from one another, the area of the bulletin board shall be taken as the area of the larger face.

(11)

Trash container/dumpster - Signage or lettering indicating the owner/operator of the trash container shall be limited to three (3) square feet. All such containers located in the Town of Hopkinton shall comply with this requirement within one (1) year of the adoption of this section.

(12)

Sale signs - Signs which advertise sale events are permitted for a time period of up to two (2) weeks per event or per holiday.

(E)

Signs prohibited in all zoning districts. The following signs shall not be permitted in any zoning district:

(1)

Signs which have any visible moving parts, including signs which are designed to achieve movement by action of wind currents, or which have mobile or revolving parts or which have animated parts (except time or temperature devices), provided however, that barber poles ordinarily and customarily used in connection with barber shops are allowed if they comply with all provisions of this Section.

(2)

Signs which incorporate in any manner any intermittent or moving illumination, animation, or illumination which varies in color (except intermittent time or temperature devices).

(3)

Any sign or sign support which constitutes a hazard to public safety or health, including signs which obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from an exit way; or which make use of words such as "stop", "look", "one way", "danger", "yield", or any similar words, phrases, symbols, lights or characters, which may interfere with, mislead or confuse traffic.

(4)

Searchlights are prohibited.

(5)

Pennants, spinners, banners and streamers unless associated with events of religious, public or charitable organizations are permitted for a period not to exceed twenty (20) days or for new business openings for a period not to exceed twenty (20) days. Also, entrance pennants, banners and flags not to exceed two (2) per location shall be allowed. Vender related banners shall be allowed at the rate of two (2) banners per twenty-five (25) linear feet of building.

(6)

Projecting signs which are erected so as to project from the exterior of any building, or wall and which exceed twelve (12) square feet in area, or which project more than four (4) feet from the exterior of said building or wall. Nothing herein shall be construed to permit the erection of any projecting sign over a municipal right-of-way, without the approval of the building inspector.

(7)

Roof-mounted signs - which are mounted above the highest peak of the roof on which they are placed.

(8)

Trailer signs or portable signs, including portable billboards.

(9)

Off-premises signs, including billboards, unless as permitted in subsections (j)(2) and (k).

(10)

Awning or electric awning signs - However, canvas awning signs with no illumination and conforming to dimensional requirements within the zoning district which it is located, are permitted.

(11)

Window signs, which in the aggregate exceed fifty (50) percent of the total window area.

(12)

Inflatable signs/devices.

(13)

Vendor or franchise signs - Permanent signs which are required by vendor or franchise related products and do not meet current requirements of this section, relief shall be available from the zoning board of review through an application for a special use permit.

(F)

Signs in residential zoning districts. All signs in Residential Districts shall conform to the following regulations:

(1)

Single use. There shall be no more than one (1) sign, other than a sign identifying the name and address of the occupant as specified in Section 27(d)(1), for such residential lot. Such signs may identify the premises and/or identify a permitted customary home occupation, including real estate and professional offices in the home, and shall not exceed six (6) square feet per side in area.

(2)

Lighting of signs. Only indirectly illuminated continuous light, directed away from adjacent properties and traffic.

(3)

Entrance signs. Permanent signs at major entrances to residential developments designed only to identify such developments shall be permitted provided such signs bear no commercial advertising, and do not exceed fifteen (15) square feet in area.

(4)

Dimensional requirements.

Height: 6 feet
Front yard setback: 10 feet
Side yard setback: 15 feet
Rear yard setback: 15 feet
= or equal to the least setback of abutting buildings.

 

(G)

Signs in neighborhood business district. All signs in the Neighborhood Business District shall conform to the following regulations:

(1)

Single use. There shall be no more than one sign for the principal property, use or business, except as otherwise specified in this section. The sign may be either wall-mounted, freestanding, marquee, monument or projecting.

(2)

Multiple uses. There may be no more than one (1) directory identifying the uses or businesses on the property. The uses or businesses shall share the maximum total square footage allowed in this district. In addition, one (1) wall mounted sign not to exceed three (3) square feet shall be allowed per business or use.

(3)

Dimensional requirements.

Size: 20 square feet
Height: 8 feet
Front yard setback: 10 feet
Side yard setback: 15 feet
Rear yard setback: 15 feet
= or equal to the least setback of abutting buildings.

 

(4)

Lighting of signs. Only indirectly illuminated continuous light, directed away from adjacent properties and traffic.

(5)

Vision. No freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility, or any other access required by this section.

(H)

Signs in commercial districts. All signs in the commercial district shall conform to the following regulations:

(1)

Single use. There shall be no more than one (1) sign for the principal property, use or business, except as otherwise specified in this section. The sign may be either wall-mounted, freestanding, marquee, monument or projecting. No billboards or outdoor advertising, structures, either mobile or stationary, shall be permitted, other than signs. If the building or use fronts on more than one (1) public street, one (1) such sign shall be permitted on each exterior face of the building.

(2)

Multiple uses. In commercial centers there may be no more than one (1) wall-mounted sign for each business or use. In addition to such wall-mounted signs, there shall be permitted in commercial centers one (1) common freestanding sign identifying all uses in the center. The dimensional limits of such signs are included in Table 1 below. If the business or use has multiple exterior wall faces, one such sign shall be permitted on each exterior face, which fronts on a public street provided the business or use fronts more than one (1) public street, and is without a common free-standing sign.

Table 1
Size Limits for Common Freestanding Sign:

Gross Floor Area of Commercial Center (Square Feet) Maximum Area of Freestanding Sign (Square Feet) Maximum Height of Freestanding Sign (Feet)
<50,000 32 Square Feet 12 Feet
>50,000 64 Square Feet 16 Feet

 

(3)

Additional signs permitted in commercial centers.

a.

Informational or directory signs identifying on-premises traffic, hours of operation, business affiliations, parking or other functional activity, such as lavatory facilities, telephones, sections of a building, entrances, offices, tenant names in commercial centers, bearing no commercial advertising. There shall be no more than one (1) sign for each applicable activity or building, unless part of an approved signage plan for a commercial center, and each sign shall not exceed three (3) square feet. Such signs may not be illuminated.

b.

Main entry signs to identify the entrance into a commercial center. Signs shall display only the name of the center or its logo. A main entry sign shall not be permitted if an informational or directory sign is constructed. A main entry sign shall conform to the dimensional requirements of subsection (h)(4).

c.

Ceiling hung signs to identify entrances to each tenant space or use. Signs shall display the name of tenant or its logo of the center. Signs shall not exceed eight (8) square feet. Ceiling hung signs shall be rigidly secured and shall have a minimum clearance of seven (7) feet - six (6) inches.

d.

Plaza directory sign to identify tenants within a plaza. Signs may contain multiple tenant names on a freestanding support system, with a combined sign area not to exceed four (4) square feet. One such sign hall be permitted per plaza area.

e.

Special use signs to identify the location of central facilities or a multi-use space within a commercial center such as a food court, atrium, etc. for use by the general public. Such signs shall indicate the use or its logo of the center, and shall conform to the dimensional requirements specified in subsection (h)(4).

(4)

Dimensional requirements.

Size: One (1) square foot per two (2) linear feet of building length, not to exceed thirty-two (32) square feet.

Height: 12 feet
Front yard setback: 10 feet
Side yard setback: 15 feet
Rear yard setback: 15 feet
* No sign shall be placed within forty (40) feet of a residential district.

 

(5)

Lighting of signs. Only indirectly illuminated continuous light, directed away from adjacent properties and traffic.

(6)

Vision. No freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility, or any other access required by this section.

(I)

Signs in manufacturing districts. All signs in the manufacturing district shall conform to the following regulations:

(1)

Single use. There shall be no more than one (1) sign for the principal property, use or business, except as otherwise specified in this section. The sign may be either wall-mounted, freestanding, marquee, monument or projecting and sized according to the following: one (1) square foot per two (2) linear feet of building length, not to exceed sixty-four (64) square feet.

(2)

Multiple use. The following signs are permitted in manufacturing parks or centers:

a.

One freestanding sign for the park/center not to exceed thirty-two (32) square feet in the form of a directory sign or identification sign.

b.

One sign per individual building, not to exceed twenty (20) square feet.

c.

One sign per individual establishment within each individual building, not to exceed twenty (20) square feet.

(3)

Dimensional requirements.

Height: 15 feet
Front yard setback: 10 feet
Side yard setback: 15 feet
Rear yard setback: 15 feet
* No sign shall be placed within forty (40) feet of a residential district.

 

(4)

Lighting of signs. Only indirectly illuminated continuous light, directed away from adjacent properties and traffic.

(5)

Vision. No freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility, or any other access required by this section.

Table 2
Summary Dimensional Limits: All Zoning Districts +
DISTRICT

DIMENSION RES-HOME RES-REAL EST. RES-ENTRY SIGN COM-SINGLE & MULTI 50K SF COM-MULTI >50K SF NEIGHBORHOOD BUSINESS MAN-SINGLE MAN-MULTI-BLDG & INDIV. USE MAN-MULTI-FREE STANDING
SIZE 2 SF 6 SF 15 SF 32 SF MAX * 64 SF MAX 20 SF 64 SF * 20 SF 32 SF
HEIGHT 6 FT 6 FT 6 FT 12 FT 16 FT 8 FT. 15 FT. 15 FT. 15 FT.
FRONT YARD SETBACK 10 FT 10 FT 10 FT 10 FT 10 FT 10 FT. 10 FT. 10 FT. 10 FT.
SIDE YARD SETBACK 15 FT 15 FT 15 FT 15 FT 15 FT 15 FT. 15 FT. 15 FT. 15 FT.
REAR YARD SETBACK 15 FT 15 FT 15 FT 15 FT 15 FT 15 FT. 15 FT. 15 FT. 15 FT.

 

* = One (1) square foot per two (2) linear feet of building length, not to exceed …

+ = Unless otherwise specified

SF = Square Feet

FT = Feet

RES = Residential Districts

COM = Commercial Districts

MAN = Manufacturing Districts

In commercial and manufacturing districts, no sign shall be placed within forty (40) feet of a residential district.

(J)

Temporary signs. The following temporary signs are allowed in any Zoning District provided that they conform to the following provisions, and that they are granted a temporary sign permit as required in subsection (n). Such temporary signs shall be neither illuminated nor indirectly illuminated.

(1)

Contractor identification signs, customary and necessary in connection with the erection of buildings or other significant construction work shall be limited to one (1) sign for each construction project to include the identification of the project, designer, sponsor or builder. Such signs shall not exceed twelve (12) square feet in any residential district, twenty (20) square feet in any neighborhood business district, or thirty-two (32) square feet in any commercial or manufacturing district, and shall be removed within ten (10) days after the expiration of the permit. Signs, not to exceed six (6) square feet, identifying the contractor or builder only on a single-family home construction site, shall not be subject to this section.

(2)

Event signs, no larger than twenty (20) square feet which advertise auctions and special events conducted by non-profit organizations provided such signs shall not be in place more than thirty (30) days. No more than three (3) signs advertising any such event shall be erected or maintained at any one (1) time within the Town of Hopkinton.

(3)

Real estate signs which are in place for more than six (6) months, and which advertise in any way the sale or lease of the property on which they are located, which do not exceed six (6) square feet in a residential district, shall be exempt from obtaining a temporary sign permit. However, signs in a neighborhood business district shall not exceed twenty (20) square feet, or thirty-two (32) square feet in a commercial or manufacturing district and shall be subject to this section. No such real estate sign shall be maintained more than ten (10) days after completion of the lease or sale of the property.

For approved residential subdivisions, in lieu of individual lot for sale signs, there may be one (1) common sign, not to exceed thirty-two (32) square feet per side, per separate entrance, advertising the property for sale and not to be in place for more than two (2) years, without an extension granted by the zoning board of review.

(K)

Off-site directional signs.

(1)

Off site directional signs shall be permitted in any zoning district where the location of a use requires such signs in order to avoid confusion, traffic congestion or similar inconveniences, and to facilitate travel to such location. Off-site directional signs shall require the permission of the landowner for their erection. Such signs shall measure six (6) inches by twenty-four (24) inches, have a white background with green letters of Helvetica style. Such signs shall be no less than six (6) feet in height and no more than ten (10) feet in height. Multiple signs at one (1) location shall be adhered to a single support system to the maximum extent possible.

(2)

Off-site directory sign, proposed by a group of businesses, located along the Route 3 corridor and within a commercial or manufacturing district, may be permitted by approval of the zoning board of review as a special use permit, as provided for herein, and with RIDOT approval of the location.

(L)

Sign permits. A sign permit shall be required for all signs hereafter erected, installed or replaced, unless specifically exempted by this section. Such permits shall be issued by the zoning enforcement officer and shall be in addition to any other permits required by this or any other ordinance of the town.

(M)

Application for a sign permit.

(1)

Application for sign permit shall be made in writing upon forms provided by the zoning enforcement officer.

(2)

The following information shall be provided:

a.

The size and type of the proposed signs, area, height, width, thickness, illumination, and material of which is to be constructed.

b.

A detailed drawing showing the description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices, and support structures.

c.

The location of the sign in relation to the building and all property lines and streets.

d.

Name, address, telephone number of the applicant and/or owner

e.

Address of the property where sign is to be located (plat and lot).

f.

Signature(s) of the applicant and/or owner.

(3)

The zoning enforcement officer may require any other such information as may be reasonably necessary to administer the provisions of this section relating to signs. For temporary signs, information required in subsection (2)a., b., and c. above may be waived by the zoning enforcement officer provided that other information necessary to determine compliance with the ordinance is prohibited.

(N)

Issuance of permits. If the zoning enforcement officer finds the proposed sign to be in compliance with this section, he/she shall issue such sign permit within ten (10) days after the filing of the application.

If the erection or installation of the sign authorized under any such permit has not been started within six (6) months from the date of the issuance of such permit, and diligently pursued until completed, the permit shall become null and void.

The expiration date of a temporary sign shall be clearly displayed on the sign.

(O)

Temporary sign permits. No temporary sign, as described in subsection (j), shall be erected, installed or maintained without first obtaining a permit thereof. Any such permit may be issued for a period not to exceed six (6) months, and shall provide that any sign authorized by such permit shall be removed at the expiration of said six-month period, or within ten (10) days after the completion of the activity advertised, whichever shall be sooner, and shall not exceed the six-month period.

A permit for a temporary sign may be extended or renewed at the discretion of the zoning enforcement officer for additional six-month periods, not to exceed a total of twenty-four (24) months, unless otherwise specified herein.

If the applicant shall fail to remove such sign, the zoning enforcement officer after ten (10) days written notice to the applicant to remove such sign, and after the failure of the applicant to do so, shall cause said sign to be removed and may impose a fine upon the applicant, as set forth in Section 22 of the Hopkinton Zoning Ordinance entitled "Violations."

(p)

Hazardous or obsolete signs. All signs must be free from all hazards such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

Signs associated with an abandoned use as defined herein, shall be removed within sixty (60) days after the date they become obsolete. In the event of a violation of any of the foregoing provisions of this section, the zoning enforcement officer shall give written notice to remove any such sign within sixty (60) days from the date of said notice. A sign in a state of disrepair, so as to create a nuisance, shall be removed within sixty (60) days of written notice by the zoning enforcement officer.

(Q)

Abatement and removal of unlawful or unsafe signs. Upon failure to comply with the provisions of said notice specified in subsection (O) and (P), the zoning enforcement officer shall notify the owner of such sign of the violation of this section, and request appropriate action be taken to obtain conformance with this section, or removal of such sign. When any sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the zoning enforcement officer is hereby authorized to cause any such sign to be removed summarily without notice and shall collect from the owner of such sign all costs associated with removal.

(R)

Non-conforming signs. Signs existing at the time of the enactment of this Section, notwithstanding subsection (P), and not conforming to its provisions, but which did conform to previous laws, shall be regarded as non-conforming signs, which may be continued. Non-conforming signs which are relocated or replaced, shall comply immediately with the provisions of this section. An illegal sign is not a non-conforming sign. If a nonconforming sign is damaged by accident or an act of God, such sign shall be allowed to remain as a nonconforming sign. Non-conforming signs may be modified or structurally altered, however, they may not be relocated or increased in size.

(S)

Fees. The following fee shall be charged for the review and approval of a sign permit:

All signs: Administrative fee .....$10.00

(T)

Self-illuminated outdoor signs, billboards and digital media displays may use Light Emitting Diodes (LED) or Organic Light Emitting Diodes (OLED) panels, collectively referred to in this subsection (T) as "Digital signs" for the purposes of advertisement in public display, provided the following terms and conditions are met and adhered to:

(1)

Digital signs are prohibited in residential zones within two hundred (200) feet of any residential property line.

(2)

Digital signs shall only be used in conforming free standing or monument signs and shall not be allowed as canopy, wall, billboard or awing signs, as defined in section 27 of this ordinance, except as otherwise provided in this ordinance. Monument signs with a digital display shall not be taller than six (6) feet in height and shall comply with all measurement requirements, as defined in section 27 of this ordinance.

(3)

Digital signs shall only display static messages; they shall not display scrolling, fading or flashing messages on any portion of the design or pictorial segment of the sign, nor shall they vary in light intensity during the display of any single message. Transitions between messages shall not use frame effects or other methods that result in movement of displayed images during transition.

(4)

Digital displays shall not exceed fifty (50) percent of the total sign face and shall be located beneath the static message area of the sign.

(5)

Each individual static message shall be displayed for a minimum of six (6) hours.

(6)

Digital signs are prohibited from projecting beams or rays of light of such intensity or brilliance so to impair the vision of an operator of a motor vehicle or obscure or interfere with the effectiveness of any official traffic sign, device or signal.

(7)

Digital signs shall possess a light sensing device that can automatically adjust the brightness of the display based on natural ambient light in the surrounding area.

(8)

Digital signs shall not operate at a brightness level higher than .20 footcandles above the ambient light level, as measured at a distance of one hundred twenty-five (125) feet.

(9)

Digital sign brightness limitations shall not exceed forty (40) Nits between 5:00 a.m. and 10:00 p.m., and shall not exceed twenty (20) Nits between 10:00 p.m. and 5:00 a.m.

(10)

Each line of text or graphic in a digital display shall not be greater than twelve (12) inches in height.

(11)

Digital sign owners shall provide the town's building and zoning official with contact information of a person who is available to respond within twenty-four (24) hours to correct a malfunction or non-compliant operation and who will be able to promptly turn off or disable any digital sign until such time as the sign can be repaired or otherwise brought into compliance.

(12)

Digital signs shall not use, house or contain interactive features or components, or function as an interactive sign.

(13)

Digital displays shall not extend beyond the width of the sign structure.

(14)

Town of Hopkinton officials may request certification of a digital display's brightness and/or conformance by its building and zoning official or by any qualified, independent contractor, at the owner's expense, with or without cause. If certification results in a finding that the digital sign or its components exceed brightness levels specified in subsection (T), the owner of the sign shall turn off or disable the sign within twenty-four (24) hours until the brightness level is corrected, repaired or otherwise brought into compliance.

(15)

Electrical supplies and components for all digital signs shall be concealed through the use of underground cables.

(16)

The following colors shall be used in digital signs:

a.

Blue, green or amber for digital signs in commercial, neighborhood businesses, industrial or manufacturing zones, with the added allowance of the use of red digital numbering of posted gasoline prices illuminated on digital signs located at licensed gasoline facilities that are subject to regulation under G.L. §§ 31-37-11—31-37-13, inclusive;

b.

Blue or Green where allowed by special use permit in residential or RFR-80 zones;

c.

Blue, green, amber or red for emergency fire/ambulance; and

d.

Blue, green, amber, red or white for hospital or healthcare facilities, or police.

(Ch. 134, § 27, 12-19-94; Ord. of 7-21-97; Ord. of 9-2-97; Ch. 225, § 1, 6-25-12; Ch. 249, 10-17-16; Ch. 251, 7-17-17)