Lee City Zoning Code
ARTICLE VII
Signs
§ 199-7.1 Purpose.
[Amended 5-12-2022 ATM by Art. 12]
A.
Under the authority conferred by the Massachusetts General Laws, the Town of Lee adopts this article for the regulation and restriction of billboards, signs and other advertising devices within the Town on public ways, or any private way used by the public, or on private property within public view of any public way, public park or reservation in order to protect and enhance the visual environment of this Town (its public and private investments in buildings and open spaces) and the safety, convenience and welfare of its residents.
B.
To accommodate the constitutionally protected interests of the public in speech and expression, this article allows political signs wherever a business sign is allowed. In addition, it allows modestly sized political signs to be placed on any person's private property so long as they do not interfere with traffic or otherwise create a hazard. These rules require the balancing of several interests, including the support of free expression, the protection of orderly and safe traffic flow, and the protection of Lee's historic and desirable visual appeal. The rules are based on the following legislative findings:
(1)
The Town controls the placement of signs on Town property through decisions of the Select Board and on occasion by popular vote at Town Meeting. However, consistent with public safety, private parties may be allowed to place political signs on Town roadway property that is adjacent to their own private property or in areas specially designated free-speech signage.
(2)
For traffic safety, the Lee bylaw generally requires that business signs maintain a setback of 10 feet from the traveled way or lot boundary. Since political signs may now be placed (without a permit) close to the traveled way, they should be of a limited size and placed so that they are unlikely to obstruct the view of motorists entering the roadway or to be unduly distracting to passing motorists.
§ 199-7.2 Applicability.
The provisions of this article shall apply to the construction, erection, alteration, use, dimensions, location and maintenance of all billboards, signs and other advertising devices located out-of-doors, affixed to any part of a building or window(s) thereof or placed for the express purpose of being visible from the exterior of the building.
§ 199-7.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED SIGN
Any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more.
ACCESSORY SIGN
Any sign which is mounted on the same post or pylon as the freestanding sign but is accessory to the freestanding sign and which displays a message that is standard to the industries, such as (but not limited to) vacancy/no vacancy, open/closed, dinner being served, credit card, AAA, etc.
AWNING SIGN
A sign painted on or attached to the cover of a metallic frame of the fixed, hinged, roll or folding type of awning.
BUSINESS CENTER
A location with businesses or potential businesses which collectively have an aggregate floor area equal to or greater than 30,000 square feet, which houses multiple individual businesses, and which has common private parking and vehicular entrances.
CANOPY SIGN
A sign placed on a permanent structure built over gas pumps which provides shelter for gas pumps and patrons.
FREESTANDING SIGN
A self-supporting sign not attached to any building, wall or fence but in a fixed location. This does not include portable or trailer-type signs.
GAS STATION PRICING POD
A sign which displays the current price of gasoline and which can be located on the canopy or on the freestanding sign on sale on that lot.
LANDMARK SIGN
A sign of artistic or historic merit, uniqueness or extraordinary significance to the Town as identified by the Historical Commission, or the Board of Selectmen in its absence.
MENU BOARD SIGN
A sign illustrating the menu or special for an eating establishment that is erasable or otherwise changeable to reflect different menus or specials.
MOVABLE SIGN
A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels, or supported by legs.
MUNICIPALLY CONTROLLED DIRECTORY SIGN BOARD
A name-only directional sign to identify business and municipal uses within the districts that are not directly located on Route 20 (Park, Main and West Center Streets) to be readily identified from the primary travel corridor.
NEON SIGN
Any sign that provides illumination of the exposed gaseous tube type.
NONCONFORMING SIGN
Any sign that was lawful when placed or mounted but does not later conform to Article VII, as amended.
OFF-PREMISES SIGN
Any sign which is not on the premises of the business to which it relates, including a billboard.
PERSON
Any person, corporation, society, associate, partnership or other legal entity.
POLITICAL SIGN
A sign placed on private property and designed to influence voters or to influence any official action by one or more public officials or expressing an opinion on a matter of cultural, societal, religious, or political topic.
[Amended 5-12-2022 ATM by Art. 12]
PUBLIC SERVICE SIGN
A sign located for the purpose of providing direction toward or indication of a public service use, such as a restroom or telephone, that is not readily visible from the street.
PUBLIC WAY
Any public way or private way that is open to public use.
RENT OR SALE SIGN
A sign that advertises that the premises on which it is placed is being offered for sale or rent.
ROOF SIGN
Any sign erected and constructed above, or projecting above, a roof or parapet of any building, or which is painted, or otherwise attached, or affixed to a roof.
SANDWICH BOARD SIGN
A folding, freestanding, movable sign with two parts that is intended to be placed on a sidewalk or other flat surface.
SIGN
Any display of lettering, logos, colors, lights or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or goods, products, services or facilities available either on the lot or on any other premises, excluding window displays of merchandise.
TEMPORARY SIGN
Any sign, including its support structure, intended to be maintained for a continuous period of not more than 30 days in any calendar year.
WALL OR BUILDING SIGN
Any sign which is painted on, incorporated into or affixed parallel to the wall of a building and which extends not more than 10 inches from the surface of the building. A parapet or a dormer sign shall be considered a wall sign.
WINDOW DISPLAY SIGN
Any sign which is mounted onto a window or which is hung directly inside the window of a business with the purpose or effect of identifying the business or any merchandise, product or service for sale within.
§ 199-7.4 General regulations.
A.
Signs permitted by right. The following signs are allowed without a permit if they conform to § 199-7.7, General standards.
(1)
Window display signs, subject to § 199-7.7L below.
(2)
Address signs, subject to § 199-7.7B below.
(3)
Construction signs, subject to § 199-7.7E below.
(4)
Directional signs, subject to § 199-7.7F below.
(5)
Rent or sale signs, subject to § 199-7.7G below.
(6)
Landmark signs, subject to § 199-7.7I below.
(7)
Political signs, subject to § 199-7.7J below.
(8)
Public service signs, subject to § 199-7.7K below.
(9)
"Open" flags, subject to § 199-7.7P below.
B.
Signs requiring permits. Where a sign is neither explicitly prohibited under this regulation nor explicitly allowed without a permit under this regulation, the sign is allowed with a permit, and that permit shall be granted or denied in accordance with the applicable provisions of these regulations.
C.
Signs prohibited.
(1)
No sign requiring a permit shall be erected without first receiving a permit.
(2)
Flashing signs, signs containing moving parts, any noisemaking sign or device and signs containing reflective elements which sparkle in the sunlight are not permitted. Signs indicating the current time and/or temperature are permitted, provided that they meet all other provisions of this section.
(3)
Streamers, pennants, ribbons, banners, spinners or other similar devices shall not be constructed, posted or erected in any zone. Exceptions include grand openings, special events and charitable or civic events with the granting of a temporary permit by the Board of Selectmen for 10 days' duration or less. Decorations for state and national holidays are exempt from requiring a temporary sign permit so long as they are not deemed to be a public nuisance or hazard by the Building Commissioner.
(4)
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted. Exceptions are granted to landmark signs, which may be preserved and maintained even if they no longer pertain to the present use of the premises.
(5)
No sign, except for a traffic, regulatory or informational sign, shall use the words "stop," "caution" or "danger" or shall incorporate red, amber or green lights resembling traffic signals or shall resemble a stop, yield or other traffic sign in shape and color. No sign shall obstruct traffic sight lanes for drivers or pedestrians.
(6)
No billboard shall be permitted in any district in the Town of Lee.
(7)
Any spotlight or illumination which is beamed or lights up a public street, highway, sidewalk or adjacent premises which causes a glare or reflection that by vote of the Board of Selectmen constitutes a traffic hazard or public nuisance is not permitted.
(8)
Except as authorized for the DCBC Zone, any sign or other projection which protrudes more than 10 inches over a public right-of-way or public property is not permitted.
(9)
Any sign where the highest point would be greater than 25 feet above the ground on which it rests is not permitted.
(10)
No trailer-style movable signs or vehicle used primarily or intentionally as a sign shall be permitted.
(11)
No awning signs shall be permitted except in the DCBC District.
(12)
No off-premises signs shall be permitted except as specifically authorized herein.
(13)
Abandoned signs are prohibited and shall be removed by the owner of the sign or owner of the premises or by action of the Building Commissioner.
(14)
Roof signs are not permitted.
D.
Exceptions. For the purposes of this section, the term "sign" shall not include:
(1)
Signs erected or posted and maintained for public safety and welfare or pursuant to any governmental function, law, bylaw or other regulation.
(2)
A bulletin board or similar sign not exceeding 12 square feet in display area in connection with any church, museum, library or school, provided that the top of such sign shall not be more than eight feet above ground level, provided that it is no closer than 10 feet from the public right-of-way unless attached to a building.
(3)
Signs relating to trespassing and hunting, not exceeding two square feet.
(4)
Any historical marker erected by a bona fide historical association or a government agency.
E.
Area of sign.
(1)
The area of a sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any cutouts or extensions, but shall not include any supporting structure or bracing.
(2)
The area of a sign consisting of individual letters, words or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters.
(3)
The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object.
(4)
In computing the area of signs, one side of identical back-to-back (two-sided) signs and symbols shall be considered as the total area.
F.
Illumination standards.
(1)
To preserve the rural character of the Town, internally illuminated signs are not allowed in Zoning Districts R-20, R-30, RA, I, CR, RB, RM, and DCBC. These signs may be externally illuminated by shielded light of constant intensity of no more than a total of 1,500 lumens.
(2)
Internally illuminated freestanding and wall signs are allowed in the CBC Zoning District with a permit issued after approval as part of the site plan review process as delineated in § 199-13.3 of this chapter.
(3)
The standards found in § 199-10.1B(5), Signs and sign illumination, are applicable to Zoning District Office Park and Light Industry (OPLI).
(4)
The following rules apply to all zoning districts:
(a)
A sign shall not be illuminated between the hours of 12:00 midnight and 6:00 a.m. unless the premises on which it is located is open for business.
(b)
Any sign containing electrical wiring that is attached or intended to be attached to an electrical energy source shall be inspected by the Town Electrical Inspector and shall meet state code.
(c)
No person may erect a sign with exposed electrical wires.
(d)
Strings of bulbs are not permitted, except as part of a holiday celebration.
(e)
Any illumination provided for signs shall be white light only.
(f)
Sign illumination, decorative lighting or floodlighting (except that used for public recreational areas) shall be shielded at its source to prevent high-intensity light beams from shining onto any street or adjoining property.
(g)
No sign shall be designed to attract attention by a change of intensity or illumination or by repeated motion.
G.
Safety standards. No person may erect a sign which constitutes a hazard to public safety or health.
§ 199-7.5 Nonconforming signs.
[Amended 3-24-2022 STM by Art. 15]
A.
Maintenance and replacement. Any lawfully existing nonconforming sign may be reworded or repainted. Any lawfully existing nonconforming sign may be repaired or restored; however, where the cost of repair or restoration of a freestanding sign would exceed 35% of the replacement cost, then the sign shall conform to the requirements of this article.
B.
The rules for the replacement of, abandonment of and special permits for nonconforming structures also apply to nonconforming signs.
§ 199-7.6 Administration and enforcement.
[Amended 3-24-2022 STM by Art. 16; 5-12-2022 ATM by Art. 12]
A.
Permits; applications. No sign requiring a permit shall be erected, displayed, altered or enlarged until an application has been filed and a permit for such action has been issued. Applications shall be on forms prescribed by the Building Commissioner. At a minimum, all applications shall include the applicant's signature, a scale drawing specifying the sign's dimensions, materials, illumination, letter sizes, colors, and support systems as well as its location on the land or in relation to buildings, with all relevant measurements.
B.
Permits.
(1)
A permit for a permanent sign shall be issued by the Building Commissioner after determining that the sign complies or will comply with this article. The Building Commissioner shall take action within 30 days on all complete applications that were filed with the proper fee. After issuing a permanent sign permit, the Building Commissioner shall send a copy to the Planning Board with notes sufficient to demonstrate compliance with this article.
(2)
Temporary sign permits are issued only after the Building Commissioner determines the sign complies or will comply with the State Building Code as per the section pertaining to signs and sends the permit on to the Selectmen. The Board of Selectmen shall be the issuing authority for temporary sign permits.
C.
Fees.
(1)
A schedule of fees may be established and amended from time to time by the Board of Selectmen.
(2)
Fees for municipally controlled directory sign boards (MCDSB) may be assessed and amended by the Board of Selectmen, as necessary, to cover the cost of erecting, maintaining or repairing of such signs because of damage from nature or vandalism.
D.
Maintenance, repair and removal by owner. Every sign shall be maintained in good structural and electrical condition at all times. The Building Commissioner shall inspect and shall have the authority to order (in accordance with the notice procedures in the following subsection) the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. Any sign which has been ordered removed by the Building Commissioner or is abandoned or discontinued shall be removed by the person, firm or corporation responsible within 30 days of receiving the written notice to remove.
E.
Emergency removal of signs by the Building Commissioner. The Building Commissioner shall cause to be removed, without notice, any sign that:
(1)
Endangers the public safety due to material, electrical or structural defects;
(2)
Impedes vehicular or pedestrian traffic sight lines or otherwise creates a traffic hazard;
(3)
Is attached to a government-owned pole, pylon or fence or a utility pole; or
(4)
Is on Town-owned land (including roadway, parks and conservation lands), but excluding any political sign placed adjacent to the sign owner's real property and, in accordance with this article, on the owner's side of any curb or sidewalk edge maintained by the Town.
F.
Nonemergency removal and repair. In all cases where emergency action is not authorized above, the Building Commissioner shall enforce this chapter in either of two ways, as he or she may elect:
(1)
Issue a notice of violation, which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected or appealed within 30 days, the Building Commissioner may cause the sign to be removed; or
(2)
Initiate noncriminal disposition under MGL c. 40, § 21D, by giving the offender a written notice to appear before the Clerk of the District Court with jurisdiction in Lee.
G.
Notices. All notices of violation shall be sent by certified mail to the sign owner, if known, or otherwise to the property owner. Any time periods provided in this section shall commence on the date of the receipt of the certified mail.
H.
Appeals. Any person having a property interest in a sign or the real property on which a sign is located may appeal an emergency removal of a sign or a notice of violation from the Building Commissioner by filing a written notice of appeal with the Lee Zoning Board of Appeals within 30 days.
I.
Penalties.
(1)
Whoever violates any of the provisions of this article shall pay a fine not to exceed $300 for each offense.
(2)
Each day that such violation continues shall constitute a separate offense.
§ 199-7.7 General standards.
The following standards apply in all zoning districts, unless specifically provided otherwise:
A.
Accessory sign. Any accessory sign, as defined in § 199-7.3, is allowed with a permit. The total area of all accessory signs associated with any freestanding sign shall not exceed six square feet. A permit granted for an accessory sign may include conditions necessary to maintain safety. When application for an accessory sign is made in conjunction with a freestanding sign, no additional fees shall be charged for the accessory sign.
B.
Address. One address sign is allowed without a permit displaying the street number or name of the occupant of the premises, or both, may be attached to the building or may be on a post not more than four feet high and set back at least three feet from the public right-of-way. Such sign shall not exceed two square feet.
C.
Gas stations - canopy signs. In addition to building signs and freestanding signs, a gas station may have a canopy sign on a gas station canopy, with a permit. Canopy signs shall not exceed 20 square feet per side and may be located on not more than two sides of the canopy. If a canopy is used as a pricing pod location, 10 square feet may be used for the logo.
D.
Gas stations - pricing pods. A gas station pricing pod, as defined in § 199-7.3, is allowed with a permit.
(1)
Pricing pod signs for any gas station shall not have a combined area exceeding 20 square feet. A pricing pod sign shall be set back at least 10 feet from the lot line and may be in any one of two places:
(a)
On the same post or pylon as the freestanding sign.
(b)
As a part of a gas station canopy sign.
(2)
A pricing pod requires a permit for initial installation or for each change in location or size. Changes in pricing are allowed without a permit.
(3)
A pricing sign that does not exceed four square feet (on each side) and that is located on the top of a gas pump is also allowed at a gas station on each pump and without a permit, in addition to other allowed signs.
E.
Construction. A single on-premises construction project sign is allowed with a permit. The sign shall identify the contractor, architect, landscape architect and/or engineer's name, address and other pertinent information.
[Amended 5-12-2022 ATM by Art. 12]
(1)
Construction project signs shall not exceed 12 square feet and shall be set back at least 10 feet from the street lot line or one-half the building setback distance, whichever is less.
(2)
Construction project signs may be maintained on the building or property for the interim of construction and not more than 30 days following the completion of said construction.
(3)
Any contractor may place a sign (without a permit) not exceeding six square feet on a property at which he or she is currently working.
F.
Directional. Directional signs are allowed without a permit, if they solely indicate ingress and egress placed at driveway locations and contain no advertising material. The display area of such signs shall not exceed three square feet or extend higher than four feet above ground level. The sign will conform in all respects to the requirements of this section.
G.
Rent or sale. A for sale/rent/lease sign is allowed without a permit on the premises of a property being sold or rented.
(1)
Rent or sale signs shall not exceed six square feet and shall advertise only the property on which the sign is located. A maximum of two such signs may be maintained on any property being sold or rented, and they shall be removed by the owner or agent within 30 days of sale, rent or lease.
(2)
Rent or sale signs may be attached to the building or shall be set back at least 10 feet from the street lot line or one-half the building setback distance, whichever is less.
H.
Freestanding sign. All freestanding signs shall be securely attached at top and bottom to one or two posts or pylons. No lettering shall appear on the posts or pylons. No part of the sign shall protrude more than 10 inches over a public or private right-of-way. The construction and setting methods to be employed on freestanding signs on posts or pylons that are greater than 10 feet at their highest point must be reviewed and certified for safety by the Building Commissioner and shall have structural drawings and specifications, including foundations, submitted by a registered professional engineer.
I.
Landmark sign. A landmark sign is allowed with a permit in addition to any other signs to which a business may be entitled, and without regard to the present use of the premises. Any necessary restoration should follow the preservation guidelines outlined by the Lee Historical Commission, and the landmark sign shall be approved by the Historical Commission prior to a sign permit being issued.
J.
Political signs. Political signs are allowed as follows:
[Amended 5-12-2022 ATM by Art. 12]
(1)
The owner of any lot may place political signs on that lot (with a sign permit) on the same terms as a permanent business or home occupation sign in that zone, and without regard to whether a business or home occupation is present.
(2)
In addition to signs authorized above, political signs are also allowed (without a sign permit) on private land of the sign owner. Such signs shall not exceed six square feet and may also be placed on the owner's side of any roadway edge, curb or sidewalk, provided that they do not create a traffic hazard, and also on any land with permission of the owner.
(3)
In addition to signs authorized above, political signs are also allowed (without a sign permit) in building windows, but they shall not be separately illuminated from the exterior or flashing.
(4)
Except as provided above, political signs are subject to the restrictions and limitations generally applicable to other signs in the same zone, including lighting and location. Where both a permitted political sign and a permitted commercial sign are present, the combined area shall not exceed the size allowed in that zone.
K.
Public service sign. Public service signs are allowed without a permit.
(1)
Public service signs necessary for public safety and convenience shall not exceed two square feet. Such signs are not included in computing total sign area.
(2)
Public service signs shall bear no advertising.
L.
Window display sign. Window display signs are allowed without a permit. Window display signs of the exposed-gaseous-tube type shall not exceed 25% of the total glass area of the window in which they are displayed. Permanent merchandise display signs hung inside windows shall be made of clear materials, such as plexiglass, with lettering painted on them.
M.
Signs for nonprofits: The Town's temporary sign granting authority may authorize signs for nonprofit organizations of any size, construction, location and duration in the same manner as approval of a temporary sign.
N.
Business center signs. A business center sign in any zoning district shall be freestanding sign, shall identify only the business center and the individual businesses within it, and shall not exceed 64 square feet in total area. The portion identifying the common business center shall not exceed 16 square feet. Individual business signs mounted on the business center sign shall not exceed eight square feet. All signs included on a common business center sign shall be similar with regard to material, coloring, lighting, lettering, and other characteristics. Where a business center sign exists, no other freestanding sign is allowed along the road frontage of the business center.
O.
Sandwich boards and menu board signs.
(1)
Temporary permits. The Board of Selectmen may issue a temporary permit for a single portable sandwich board sign or a menu board sign per business in the I (Industrial), RB (Residential Business), CBC (Commercial Business Corridor) or DCBC (Downtown Commercial Business Corridor). Any such permit shall be valid for one year from the date of issuance.
[Amended 3-24-2022 STM by Art. 11]
(2)
Sandwich board signs. Sandwich board signs shall meet the following requirements:
(a)
The sign shall be at least 18 inches but not more than 27 inches wide and shall be at least 30 inches but not more than 48 inches high. The sign shall be constructed of framed wood, plywood, a wood or rigid plastic composite or similar material. The sign may include a chalkboard, whiteboard, foam board, or similar inset within the frame. The sign shall be rigid and sturdy. The sign shall be free of sharp corners, protrusions, and devices which could cause injury. No additional attachments such as flags, streamers, pennants, ribbons, spinners, banners or balloons may be used. No signs shall use fluorescent colors on either its copy or background. The sign shall be suitably weighted so as to remain stationary during windy conditions.
(b)
The sign shall be displayed only in front of the place of business, except as approved otherwise by the Board of Selectmen. The sign may be located on either private property or be within the public right-of-way. The sign shall not obstruct pedestrian movement or reduce the open sidewalk width to less than four feet. The sign shall not be located in the street.
(c)
The sign may be displayed only while the advertised business is open for business and must be stored indoors at other times. The sign shall not be displayed during adverse weather conditions such as snow, ice or heavy wind. The sign shall not impede snow removal.
(d)
Where a sign is located on public property, the sign owner shall carry liability insurance coverage, and confirmation of the same must accompany the application for the sign. The insurance must cover personal injuries or property damage arising, for any reason, as a result of the placement of the sign. The policy shall be in the amount of at least $1,000,000 per claim and $2,000,000 per occurrence. The Town shall be an additional insured on the policy for any and all claims. The business with the sign shall require the insurer to give at least 60 days' written notice of termination, reduction or policy cancellation to the Board of Selectmen.
(e)
In response to specific safety concerns, the Police Department may prohibit sandwich board signs in designated areas during holiday parades or other specified times or days when sidewalk congestion is expected to be excessive.
(3)
Menu boards. An eating establishment may have a menu board sign instead of, but not in addition to, a sandwich board sign. Menu board signs shall meet the following requirements:
(a)
The sign shall meet the requirements for sandwich board signs regarding construction materials, hours of display and liability insurance.
(b)
The sign shall have a total area not exceeding six square feet.
(c)
If the sign is not mounted flat on a wall, it shall not protrude into the walkway.
(4)
Removal. The Building Commissioner shall cause to be removed any sandwich board sign or menu board sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign, or a sign for which no permit was issued. Any sign located on public property that presents a hazard shall be removed. The Town is not responsible for any sign that is damaged.
(5)
Penalties. In addition to the procedures for enforcement described above, the provisions of this section may also be enforced by the Building Commissioner by noncriminal complaint pursuant to the provision of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of the conditions and limitations of this subsection relating to sandwich board signs and menu boards shall be $25 for the first offense, $50 for the second offense, $100 for the third offense, and $300 for the fourth and each subsequent daily offense.
P.
Flags. Each business may have one "open" flag, without a permit.
(1)
The flag shall be attached to a permanent structure where the place of business is located.
(2)
The flag and pole shall be removed when the place of business is not open.
(3)
The flag shall not obstruct pedestrian traffic and must have a lowest point at least six feet six inches above any pedestrian walkway.
(4)
The flag shall not exceed three feet by five feet, and may not include any DayGlo™ or fluorescent colors.
§ 199-7.8 District regulations.
A.
R-20, R-30, RA, CR and RM District requirements.
(1)
Allowed signs. The following signs are allowed:
(a)
Any signs listed as by right. (See § 199-7.4A.)
(b)
Sign on premises. One sign is allowed, with a permit, to advertise an approved professional, artisan or home occupation. The sign shall be a wall sign or freestanding sign on the lot of the building containing the business, shall not exceed 12 square feet, and shall be located at least 10 feet from the public right-of-way line or attached to the building.
[Amended 5-12-2022 ATM by Art. 12]
(c)
Farm and nursery signs. In District RA, a wall or freestanding sign is allowed with a permit to identify a farm or nursery, including the sale of natural products grown in the Town of Lee.
[1]
Two signs no greater than six square feet in area are allowed.
[2]
The highest point of the sign can be no greater than 10 feet above the ground, and the sign shall be at least 10 feet from the public right-of-way.
B.
I, BM, RB and CBC District requirements.
(1)
Allowed signs. The following signs are allowed on the lot of a building containing a business:
(a)
Subsection A signs. Any sign allowed under Subsection A of this section is allowed.
(b)
Building signs. One sign is allowed with a permit on the building advertising the business or businesses carried on within the building. Such sign shall be limited in total area to two square feet for each horizontal running foot of the side of the building displaying the sign. In no case will the total signage of the building exceed 100 square feet.
[1]
Long buildings. Any building with more than 100 linear feet facing the public right-of-way may have a second building sign, provided that the total signage does not exceed 100 square feet.
[2]
Corner lots. Business buildings on corner lots may have two building signs, one sign on the building facing each roadside. The square footage of each sign shall not exceed two square feet per linear footage of the side it is mounted on. The total square footage of the building sign(s) shall not exceed 100 square feet.
[3]
Multibusiness buildings. In a building with two or more businesses, one business may have a building sign as provided above and each additional business with a direct entrance from the parking lot may have one additional sign on the building. Multiple occupants that share a common entrance from the parking lot may share a single additional sign. Any such additional sign shall not exceed 1.5 square feet for each linear foot of dedicated frontage, not to exceed 32 square feet overall.
(c)
Freestanding signs. In addition to signs allowed by Subsection B(1)(a) and (b) above, one freestanding sign is allowed with permit per property on a post or pylon under the following conditions:
[1]
The size of a freestanding sign for a single business will not exceed 16 square feet. The sign may contain an additional eight square feet of signage for each additional business on the property up to a maximum of 48 square feet. In Zoning District I, the size of a freestanding sign shall not exceed 32 square feet per property.
[2]
A lot with frontage of 300 continuous linear feet or more may have two freestanding signs not less than 100 feet apart.
[3]
A freestanding sign shall be located a minimum of 15 feet from the public right-of-way line. In those locations where it is not possible to place a sign 15 feet from the public right-of-way line, the sign may be placed 1/2 the distance between the face of the building and the public right-of-way line.
[4]
The highest point of a freestanding sign may be no greater than 25 feet above the ground.
[5]
No portion of a freestanding sign may be over the public right-of-way line by more than 10 inches.
(d)
Business center sign. A business center in the I, RB, or CBC Zoning District may have a business center sign consistent with § 199-7.7 above instead of a freestanding sign.
C.
PCVC District requirements. Refer to § 199-10.2D (Operating center signs).
D.
Downtown Central Business Corridor (DCBC) requirements. The following signs are permitted on the lot of a building containing a business in the DCBC Zone:
(1)
Subsections A and B signs. Except as limited below, any sign allowed under Subsections A and B of this section is allowed in DCBC.
(2)
Building signs. A separate sign is allowed with a permit on the building for each business within the building, advertising that business. Each sign shall not exceed two square feet for each linear foot of the face of the business displaying the sign and shall not exceed an overall size of 40 square feet. Building signs shall be constructed of wood or material of similar or greater weight and density.
(3)
Corner lots. Business buildings on corner lots may have two building signs, one sign on the building facing each roadside. The square footage of each sign shall not exceed two square feet for each linear footage of the face of the business it is mounted on. The total square footage of the larger sign shall not exceed 40 square feet, and the second sign on the side of the business shall not exceed 20 square feet.
(4)
Awning signs. Awning signs are allowed without permit and shall be limited to lettering on the valance of a ground floor awning which names the business only. The letters shall not exceed eight inches in height.
(5)
Window display signs. Window display signs which are painted on, incorporated into or affixed to the window, with the purpose or effect of identifying the business located within, are not to exceed 10% of the total glass area.
(6)
Projecting signs. Signs identifying the name of the businesses, which are two-sided and installed at a right angle to the building facade, are allowed with a permit. They shall not exceed four square feet. These signs shall be placed at least seven feet above the pedestrianway and may not project more than three feet from the building facade. The signs shall be securely mounted to the building to prevent movement in windy conditions. The signs shall be constructed of wood or material of similar weight and density.
(7)
Rear entrance signs. In addition to building signs allowed under Subsection B(1)(b), rear entrance signs are allowed without a permit. A rear entrance sign may not exceed eight square feet and shall be constructed of wood or material of similar or greater weight and density.
(8)
Freestanding signs. As an alternative to a building sign, one freestanding sign is allowed with a permit. The sign shall be installed between two wooden posts and shall not exceed 16 square feet. The sign shall be constructed of wood or material of similar or greater weight and density, and the high point of the sign shall not exceed eight feet above the ground. The sign will be a minimum of 15 feet from the public right-of-way. If the 15 feet from the public right-of-way is not possible, the sign may be placed 1/2 the distance between the face of the building and the public right-of-way. It may be externally illuminated by 1,500 lumens on each side.
(9)
Business center signs. A business center in the DCBC Zoning District may have a business center sign consistent with § 199-7.7 above instead of a freestanding sign.
E.
Smart Growth Overlay District (SGOD) requirements. See § 199-10.6M(4)(g) of this chapter.
§ 199-7.9 Municipally controlled directory sign boards (MCDSB).
A.
MCDSB authorized. In the Downtown Commercial Business Corridor (DCBC) District, a municipally controlled directory sign board (MCDSB) may be erected as a name-only directional sign to allow business and municipal uses located on Canal, Eaton, Elm, Railroad and East Center Streets to be readily identified from Main Street or Center Street (Route 20).
[Amended 3-24-2022 STM by Art. 11]
(1)
Corner of Main and Eaton Streets. The MCDSB will list businesses and municipal uses on Eaton and Railroad Streets from the intersection of Eaton and Railroad to the halfway point toward Elm Street. This sign will be placed so as to be visible from Main Street (Route 20).
(2)
Corner of Eaton and Railroad Streets. The MCDSB will list businesses and municipal uses on Railroad Street. This sign will be placed so as to be visible from Eaton Street.
(3)
Corner of Main and Elm Streets. The MCDSB will list businesses and municipal uses on Elm and Railroad Streets from the intersection of Elm and Railroad to the halfway point toward Eaton Street. This sign will be placed so as to be visible from Main Street (Route 20).
(4)
Corner of Center and Canal Streets. The MCDSB will list businesses and municipal uses on Canal Street. This sign will be placed so as to be visible from Center Street (Route 20).
(5)
Corner of Main and East Center Streets. The MCDSB will list businesses and municipal uses on East Center Street. This sign will be placed so as to be visible from Main Street (Route 20).
(6)
Corner of Main and School Streets; Main and Ferncliff Streets; Main and Academy Streets; Main and Franklin Streets; Main and Park Streets; High and Park Streets; and Park Place and Park Street. The MCDSB will list businesses and municipal uses not located on Main Street or Park Street. This sign will be placed so as to be visible from Main Street or Park Street.
B.
Sizes, shape, colors, placement and other relevant issues will be determined by regulations set up and adjusted as necessary by the Board of Selectmen, after consultation with the Town Administrator, Board of Public Works, Planning Board and Building Commissioner.