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Melrose City Zoning Code

ARTICLE X

Signs

§ 235-10.1 Purpose and intent.

A. 
The intent of this article is to protect property values, create a more attractive business climate, enhance and protect the physical appearance of the community, provide a more enjoyable and pleasing community, and to encourage and foster the most appropriate use of land.
B. 
Signs perform important and necessary functions in the community which are essential for the public safety and general welfare, such as communicating messages, providing information about goods and services available, and providing orientation. Because of their potential detrimental impact on the visual and perceptual environment, signs must be regulated in order to:
(1) 
Prevent hazards to vehicular and pedestrian traffic;
(2) 
Prevent conditions which have a blighting influence and contribute to declining property values;
(3) 
Provide for easy recognition and legibility of all permitted signs and other uses in the immediate vicinity;
(4) 
Preserve the amenities and visual quality of the City and curb the deterioration of the community environment; and
(5) 
Conserve energy.

§ 235-10.2 Applicability.

A. 
All signs shall comply with the regulations for the erection and construction of signs contained in the Building Code of the Commonwealth of Massachusetts, this chapter and any other applicable state and local regulations.
B. 
Except as provided in § 235-10.3, no sign shall be erected, altered, or relocated without a building permit issued by the Building Commissioner.
C. 
Signs for property located in the Downtown Historic District must be accompanied by a certificate of appropriateness by the Historic District Commission, as regulated by MGL c. 40C ("Historic Districts Act"), and Chapter 131, Historic Districts, of the Code of the City of Melrose prior to applying for a building permit.

§ 235-10.3 Signs permitted.

A. 
The following type of signs shall be authorized by right without the need for a building permit to be issued by the Building Commissioner:
(1) 
Any traffic or directional sign owned and installed by a governmental agency.
(2) 
Unlit non-business signs or banners on private property, such as community event, political, yard or garage sale, real estate, or construction signs, provided that each sign shall not exceed six square feet and each banner shall not exceed 18 square feet in area, and the cumulative area of signs and banners per lot shall not exceed 18 square feet in area. They shall not be placed in such locations as to constitute a traffic or pedestrian safety hazard.
(3) 
Traffic or directional signs which are necessary for the safety and direction of residents, employees, customers, and visitors, whether in a vehicle or on foot, of any business, industry, or residence. Such signs shall not carry the logo or name of any business or product and shall not be internally illuminated. Such signs shall not exceed two square feet in area.
(4) 
One identification sign for each occupant provided that such sign shall not exceed one square foot in surface area. If lighted, it shall be illuminated with a white, steady, stationary light of reasonable intensity, shielded and directed solely at the sign, not casting light off the premises and not used other than for identifying the occupancy.
(5) 
Interior illuminated window signs, provided that:
(a) 
They shall be placed only in a window and not in a door and shall also:
[1] 
Have a sign area not to exceed four square feet;
[2] 
Be placed no closer than 10 feet to any other illuminated window sign on the premises;
[3] 
Be placed only in a window which contains no other signs of any type;
[4] 
Be illuminated only during hours of operation of the business establishment; and
[5] 
Be illuminated by steady (not flashing, changing or moving) light only.
(b) 
There shall be no more than two interior illuminated window signs per establishment.
(6) 
Interior window signs, temporary or permanent and not illuminated, may be attached to the inside glass surface of a window (a single structurally supported sheet of glass or a sash) or door, or placed within an establishment within five feet from any window or door and situated or designed so that the sign's graphic content is visible from the outside through a window or door, provided that any such sign shall:
(a) 
Not exceed 30% of the glass sheet or sash;
(b) 
Contain no letters larger than six inches in height;
(c) 
Not be restricted with respect to materials, provided that professional appearance and good order shall be maintained at all times; and
(d) 
Not be attached to the outside surface of any window or door.

§ 235-10.4 General regulations.

A. 
Exterior temporary signs or banners for business establishments shall be permitted with a building permit. One temporary sign or banner is allowed per establishment for a period not to exceed 30 days, provided that the sign does not exceed the size of the maximum allowed for the establishment in the district in which it is located. No more than one temporary sign permit may be issued for an establishment in a calendar year.
B. 
All signs (including temporary interior window displays or banners) and their illuminators shall not by reason of location, shape, size, or color interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, or traffic marking. All illumination of signs must be by steady, stationary, white light, of reasonable intensity, shielded and directed solely at the sign and must be so arranged as to prevent glare onto any portion of any public way or into any residential area.
C. 
No sign shall be illuminated between 12:00 midnight and 6:00 a.m., except signs identifying police or fire stations or hospitals and signs on premises open for business and then only while open for business.
D. 
The supporting members for any sign shall be in acceptable proportion to the size of the sign.
E. 
It shall be a violation of this chapter to operate an individual letter or segmented sign in any manner other than with all letters or segments properly lighted, or with all letters or segments not lighted.
F. 
Any sign not addressed by this chapter shall be deemed prohibited, except as may be necessary to allow for the exercise of the constitutionally-protected right to freedom of speech.

§ 235-10.5 Prohibited signs.

A. 
The following signs shall not be permitted, constructed, erected, or maintained:
(1) 
Moving, changing or flashing signs and signs illuminated by or including any flashing, projecting or oscillating light; billboards and off-premises signs; electronic billboards and reader boards; and strings of pennants or so-called "whirlygigs" and the like. Flashing or animated signs of any color or light source, including but not limited to incandescent, neon, fluorescent, light emitting diode (LED) and plasma, shall not be permitted.
(2) 
Neon signs except as displayed on the inside of windows subject to the provisions outlined in general sign regulations (§ 235-10.4).
(3) 
Any sign erected so as to obstruct any door, window, or fire escape on a building.
(4) 
Signs constructed, erected, or maintained above the height of any roof or upon any roof of any building.
(5) 
Exterior window signs.
(6) 
Interior window signs, both permanent and temporary, which cover more than 30% of a window.
(7) 
Signs in the public way which are not permanently affixed to a building, structure, or the ground, including "sandwich board" or A-frame signs unless permitted by the Superintendent of Public Works in accordance with § 202-1 of the Code of the City of Melrose, Massachusetts.
(8) 
Business signs mounted, affixed, or painted on a motor vehicle whose primary function is a sign and not for the transport of employees, goods or merchandise.
B. 
It shall be a violation of this chapter to display any illuminated sign that advertises any product, service or entity other than the establishment which occupies the premises on which the sign is located, or a product sold or manufactured by and at the establishment on which the sign is located. This requirement applies to external signs and to interior signs placed in or designed or arranged so as to shine through one or more windows or doors of any building.

§ 235-10.6 Signs permitted in any residential district.

A. 
One identification sign for each lot for a legally established use provided that the sign shall not exceed 10 square feet, be set back at least 1/2 of the required front yard setback and shall not rise more than six feet from the ground or sidewalk. If lighted, it shall be illuminated with a white, steady, stationary light, of reasonable intensity, shielded and directed solely at the sign, and not casting light off the premises.

§ 235-10.7 Signs permitted in any business or industrial district.

A. 
Signs permitted in § 235-10.6 are allowed in any "B" or "I" district.
B. 
Wall signs. No business sign shall be affixed to a building except as hereinafter provided:
(1) 
One wall sign for each lot street frontage of each business or industrial establishment, provided that it shall be attached and parallel to the main wall of a building and shall face such lot street frontage; it shall not project horizontally more than 15 inches therefrom; the surface area of the sign shall not comprise more than 10% of the area of the wall on which it is displayed or 50 square feet, whichever is the lesser; and, if illuminated, it shall be illuminated externally by steady, stationary, white light, of reasonable intensity, shielded and directed solely at the sign, not casting direct or reflected light off the premises and not used other than for identifying the establishment.
(2) 
The division of the permissible wall sign area into two or more wall signs may be allowed by special permit if, in the opinion of the Zoning Board of Appeals, such division significantly enhances the appearance of the resulting signage in concert with the architecture of the specific building.
(3) 
When a business establishment has a customer entrance from a parking lot, the customer entrance may also be identified by a wall sign installed at the parking lot entrance subject to the dimensional provisions in Subsection B(1).
(4) 
Building directory signs. In the case of multi-story buildings with multiple occupants, each upper floor occupant is allowed one sign not to exceed 1.5 square feet in size affixed to a directory at the entrance to the upper floors.
(5) 
Wall sign restrictions.
(a) 
No sign shall be mounted above the first floor of a building;
(b) 
Signs shall not obscure important architectural details or features such as windows, transom panels, sills, moldings, and cornices; and
(c) 
Signs on adjacent storefronts within the same building shall be coordinated in height, proportion, and material.
C. 
Awning signs.
(1) 
In addition to the allowed wall sign, one awning sign is permitted for each ground floor use, provided that the awning is one color and the letters are a separate color, shade or tint and the letters are painted on or are integral to the awning fabric, are in a maximum of one line, are no larger than six inches in height, and are located on the valance or vertical face of the awning.
(2) 
In instances where there is no wall sign associated with a ground floor business establishment, the permitted awning sign may include a maximum of two lines of letters, the letters may be no larger than 16 inches in height, and the area of the sign (the letters and/or logo) may not exceed the area allowed for a wall sign in this district.
(3) 
No internally illuminated awning signs are allowed.
D. 
Standing signs.
(1) 
One standing sign is permitted for each lot occupied by one or more business or industrial establishments, provided that it shall not exceed 40 square feet in surface area on any one side, it shall have a maximum of two faces, no portion of it shall be set back less than 10 feet from the front lot line, it shall not rise to more than six feet from the ground or sidewalk, and it shall be externally illuminated.
(2) 
Where a multifamily dwelling development is located in a nonresidential district, one identification sign shall be allowed, provided that the sign shall not exceed 10 square feet in surface area, shall not rise to more than six feet from the ground or sidewalk, and no portion of it shall be set back less than 10 feet from the front lot line. If lighted, it shall be illuminated with a white, steady, stationary light, of reasonable intensity, shielded and directed solely at the sign, not casting light off the premises.

§ 235-10.8 Preexisting nonconforming signs.

A. 
Any lawfully existing nonconforming sign which does not conform to these regulations by reason of its size, location, type, lighting, may change content but shall not be otherwise altered except to bring the sign into compliance.
B. 
Establishments with a nonconforming sign may not install additional signs without bringing the nonconforming sign into compliance.