Methuen City Zoning Code
ARTICLE VII
Sign and Illumination Regulations
§ 7.1 Intent and purpose.
A.
To regulate signs within the City of Methuen in order to protect and enhance the visual environment for the safety, convenience, information and welfare of its residents.
B.
To provide for the manner in which signs and lighting shall be constructed and/or altered.
C.
To restrict signs and lighting that overload the public capacity to receive information, which violate privacy or which increase the probability of accidents by distracting attention or obstructing vision.
D.
To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character and serve educational purposes for the public good.
E.
To reduce the visual and informational conflict among signs and lighting.
§ 7.2 Applicability.
A.
General applicability. All new or reconstructed or renovated signs shall conform to the provisions of this article, except as otherwise allowed or required by this article or as specifically exempted from City ordinances by the Massachusetts General Laws, as amended. Signs in recognition of an occupant in a residential building will not be affected by this article, provided the sign area does not exceed two square feet.
B.
Permitted changes to existing signs.
(1)
Existing signs which are accessory to an existing use or to a nonconforming use which is being continued or which has been replaced by another nonconforming use as provided in Article IX may be:
(a)
Continued unchanged except for required compliance to § 7.4C(3) regarding hours of illumination and to § 7.3B(3) regarding maintenance.
(b)
Altered or renovated, provided such sign does not thereby become more nonconforming as to use, placement, dimensions or illumination as regulated by this article.
(c)
Replaced by a sign conforming to the district.
(2)
A sign accessory to a nonconforming use may be replaced by a sign conforming to the regulations for the most restrictive district in which the nonconforming use is permitted by right, provided such sign complies with the regulations for illumination of the district in which it is located, and further provided that if the nonconforming use is permitted by special permit, such sign shall conform to the regulations for the most restrictive district permitted by special permit.
C.
Signs under construction. Any sign, the erection of which has been lawfully begun and carried on in good faith before this article becomes operative, may be completed according to laws and regulations then in force, but shall conform hereto as far as practicable without hardship.
D.
Removal of certain discontinued signs. This article shall not apply to signs existing at the time of adoption of this ordinance, except as noted in Subsection D(1) below. The owner of a discontinued sign of the kind specified in Subsection D(1) or (2) below shall remove said sign, together with any separate supporting structure, within 60 days after written notification from the Building Commissioner. An existing nonpermitted sign will not be considered an existing sign.
(1)
A sign accessory to a nonconforming use that has been abandoned as defined in Article II, Definitions.
(2)
A sign erected after adoption of this ordinance which, because of a change in occupancy, or because of nonuse of the premises for 12 successive months, ceases to refer to a business conducted or product sold on the premises, unless such a sign has been altered so as to again be accessory to the premises.
§ 7.3 Administration.
A.
Required permits. A permit from the Building Commissioner is required before sign erection, removal, alteration and enlargement or, except for ordinary maintenance or repair, for a permitted residential identifying sign or a permitted temporary sign.
B.
Manner of construction and maintenance.
(1)
Construction. All signs other than permitted temporary signs shall be constructed of durable materials, and no sign shall be painted or posted directly on the exterior surface of any wall or roof.
(2)
Illuminated signs. Illuminated signs shall be constructed of noncombustible materials, except that facings, letters, figures, decorations and structural trim therefor may be made of approved combustible plastic as defined in accordance with American Society for Testing and Materials standard methods.
(3)
Maintenance. All signs, including temporary signs, shall be securely erected or affixed and kept safe, neat and clean and in good and safe repair and operating conditions, to the reasonable satisfaction of the Building Commissioner. If the owner of the sign has abandoned the use of the premises, or has changed the use of the premises so that the sign no longer refers to the use of the premises, then the sign shall be removed within one year from the date of abandonment or within one month from the date of the change in use.
C.
Application for permit. The owner or lessee of the premises on which a sign is to be erected shall file the following with the Building Commissioner:
(1)
An application in duplicate for a permit on appropriate blanks furnished by the Building Commissioner, including the written consent of the owner of the premises concerned or of his authorized agent.
(2)
Full name, residence and business address of the owner of the property, of the lessee, if any, and of any authorized agent to whom notices may be sent.
(3)
Locations, position and dimensions of sign.
(4)
Such plans, structural drawings and specifications as the Building Commissioner may require for temporary examination and permanent record.
D.
Powers of Building Commissioner regarding signs.
(1)
Issuance of permit. The Building Commissioner shall, within 14 days, approve or reject any applications for a sign filed with him in accordance with all requirements of this article and all other applicable laws, ordinances and regulations.
(2)
Electrical inspectors. If a sign contains any electrical devices, the exercise of such permit shall be conditioned upon receipt by the applicant of prior written approval of such sign from the City Electrical Commissioner, given after physical inspection by him of all electrical devices contained in said sign.
(3)
Applicability of Building Code. All of the provisions of the Building Code of the City having general application to the issue, publication of notice of revocation or refusal of permits, shall apply to the fullest reasonable extent. Signs shall be deemed to be structures subject to all applicable provisions of said Building Code and to all of the powers thereby granted to the Code and to the Building Commissioner.
§ 7.4 General provisions for signs and lighting.
A.
Number of signs. No more than one sign of each type permitted in the district shall be placed in any street yard except as follows:
(1)
Wall signs. The permitted aggregate area for a wall sign may be distributed among several smaller wall signs.
(2)
Temporary signs. One additional temporary sign accessory to a nonresidential use is permitted in each street yard.
(3)
Directional signs. Directional signs are allowed up to the number reasonably necessary to the direction of traffic.
B.
Placement of signs.
(1)
In street yards only. No standing signs, other than directional signs, shall be permitted in side or rear yards, except for signs accessory to a business or industry whose only public entrance is from that side or rear yard.
(2)
Standing signs. No part of any standing sign shall be placed closer to a street lot line than 1/2 the minimum front yard required for the district, or 1/2 the actual yard between a street lot line and an existing building, whichever is less, but in no case less than five feet from the street lot line.
(3)
Wall signs. No wall sign shall extend beyond the ends of the wall to which it is affixed nor rise above such wall more than 10 feet or 1/3 the height of such wall, whichever is less.
(4)
Projecting signs. No projecting sign which overhangs a sidewalk or the ends of a height of a wall to which it is affixed shall project beyond a line drawn 18 inches from the inside of the curbline or 12 inches from the face of the building. No projecting sign shall be affixed to the roof of a building.
C.
Illumination and motion of signs.
(1)
Prohibition of animated or flashing signs. Signs, any part of which move or flash, all signs of the traveling light or animated type, and all beacons and flashing devices are prohibited, with the exception of Christmas lights during the period between Thanksgiving and New Year's Day.
(2)
Prevention of glare. All illumination of signs must be so arranged as to prevent glare onto any portion of any public way or into any lot used or zoned for residence. See Subsection E of this section for regulations affecting outdoor lighting.
(3)
Hours of illumination. No sign shall be illuminated between 12:00 midnight and 6:00 a.m. on any day except for signs of businesses which are legally carrying on business at other times, which may be illuminated while said businesses are actually open to receive the public, and except for signs of medical doctors at their residence, which may be illuminated at any time.
(4)
Rural Residential and Residential (R) Districts. No signs in RR or Residential (R) Districts shall be illuminated, other than indirectly, and by a continuous white light from a source so placed that the lighted surface of the source is not visible from any lot line.
D.
Prohibited signs.
(1)
Signs hazardous to traffic. No sign shall be so designated or colored or so placed as, in the opinion of the City Police Chief, to endanger, obscure, confuse, blind by glare or otherwise create a hazardous condition to motor vehicle traffic.
(2)
In public rights-of-way. No sign shall be placed within or over a public right-of-way except with permission of the public agency having jurisdiction.
(3)
Off-premises. No sign is permitted which indicates a use or product not specifically available on the property where the sign is located, except for billboards.
E.
Outdoor lighting.
(1)
Any luminaire with a lamp or lamps rated a total of more than 2,000 lumens shall be of fully shielded design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light-emitting luminaire.
(2)
All luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel, reduce indirect light reflecting off of other surfaces not part of the luminaire, and to eliminate glare perceptible to persons on any street or abutting lot or parcel.
(3)
Subsection E(1) above shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of any building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.
(4)
Outdoor lighting shall not be illuminated between 12:00 midnight and 6:00 a.m., with the following exceptions:
(a)
If the use is being operated, such as a business open to customers, or where employees are working or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than 1/2 hour prior to and after the activity ceases;
(b)
Low-level lighting sufficient for the security of persons or property on the lot may be in operation between 12:00 midnight and 6:00 a.m., provided the average illumination on the ground or on any vertical surface is not greater than 0.5 footcandle.
§ 7.5 Temporary and directional signs.
[Amended eff. 1-17-2017 by Ord. No. 914]
A.
Temporary signs.
(1)
During construction. During construction of a building or buildings, not more than one temporary sign may be erected on the premises where such construction is being carried on, identifying the buildings, the intended occupants and those engaged in the construction. All such signs shall be removed within seven days after completion of construction.
(2)
Temporary accessory signs. Temporary signs relating to a business, service, product or activity on the premises on which the sign is located shall be removed from public view within seven days after the activity has ceased, or after substantial damage to the sign, whichever comes first.
(3)
Temporary nonaccessory signs. Temporary nonaccessory signs shall be permitted only for noncommercial events, not including elections, and the organization sponsoring such signs shall be required to obtain a permit from the Building Commissioner. The display of such signs is limited to a period of 30 days preceding and one day after the relevant event, whereupon they shall be removed. No such sign shall be attached to a tree or utility pole.
(4)
Temporary nonaccessory political campaign signs. Signs announcing a person's candidacy for election to a municipal, county, state or federal office shall be allowed but exempt from the permit requirements, provided they comply with the following conditions:
[Added eff. 2-4-1994 by Ord. No. 498]
(a)
Time limitation:
[1]
In the instance where there is a primary election, no sign shall be erected sooner than 30 days before the primary election. As to those at-large or district races where there is no primary election, no sign shall be erected sooner than 30 days before the general election.
[Amended eff. 1-3-1996 by Ord. No. 556]
[2]
The signs of a candidate who is successful in a primary election may remain in place during the period between the primary election and the Election Day following.
[3]
The signs of a candidate who was unsuccessful in a primary election shall be removed no later than seven days after that primary election.
[4]
All candidates' signs shall be removed no later than seven days after Election Day.
[5]
The authority for enforcement of this ordinance shall be vested in the Inspectional Services Department staff who are empowered to enforce such violations and the Methuen Police Department, under the direction of the Chief of Police, whose Inspectional Services Department staff members, so empowered, shall work under the direction and supervision of the Inspectional Services Director and Director of the Department of Economic and Community Development for the City of Methuen.
[6]
Enforcement shall include the removal of any and all signs, placards and/or other such items that are in violation of this ordinance, immediately upon the discovery of the violation. When determined to be necessary, enforcement shall also include written notification to the sign owner or party responsible for the origination and/or placement of the sign.
(b)
General conditions:
[1]
No sign shall be erected upon, above or across any part of any highway, avenue, street, alley or trailer.
[2]
Signs located near a corner shall be subject to the traffic visibility across corners.
[3]
No sign shall be illuminated or electrified.
[4]
Exemption from the permit requirements shall not relieve the owner of a sign, or the owner of the premises upon which it is erected, from the responsibility for erecting and maintaining the same in a safe manner, and the City shall not be held liable for any claims resulting from the existence of such sign.
[5]
Ground or pole signs shall not exceed an overall height of seven feet above the underlying grade.
[6]
Wall signs shall not be so placed as to obstruct any opening required for ventilation.
[7]
Window signs shall not be so fixed as to impede the operation of the window upon which they are applied.
[8]
No sign shall be placed on public property, including, but not limited to, properties, roadways or public ways belonging to the City of Methuen, Commonwealth of Massachusetts or United States (Federal) Government.
[9]
No sign shall be placed on trees, telephone poles, electric light poles, cell tower poles (or cell towers in general), tree stumps, wetlands, traffic islands, traffic signal poles, traffic sign holders and/or markers (e.g., stop signs; pedestrian way signs, etc.).
[10]
Residential (house) "For Sale" signs, located on or at an actual residence or contiguous premises, shall be placed on the property for a time period that is deemed necessary to effectuate a sale of the residence by the real estate sales office or person; or the homeowner who is selling the residence without the aid of a realty sales professional. However, no sign shall be placed on a street, public way or public area, as described and designated herein at Subsection A(4)(b)[8]. "Open House" signs are permitted and shall be removed at the end of the day or at the end of the time period for the "Open House;" whichever event shall occur earlier.
[11]
Yard, garage, estate, rummage, moving or other like type signs shall be posted no earlier than 24 hours prior to the named event, and shall be removed at the end of the posted time period for the sale's termination.
(c)
Political campaign signs are allowed in all districts. In addition to the conditions above, the following shall apply:
[1]
No political sign shall be permitted in side or rear yards.
[2]
No political sign shall be placed closer to a street lot line than one-half the minimum front yard required for the district, or one-half the actual yard between a street lot line and an existing building, whichever is less, but in no case less than five feet from the street lot line.
(d)
Violation of any of the provisions of this section shall render the owner of a sign, or the owner of the premises upon which it is affixed, subject to an action under § 10.7.
B.
Directional signs. Directional signs accessory to a use on the premises are not limited as to number or placement on the lot, provided:
(1)
Such signs contain no words or symbols other than those required for the direction of traffic.
(2)
The signs are not so placed or designed as to obscure approaching traffic or pedestrians.
(3)
Signs, such as street signs, traffic signs and safety lights, erected by the Methuen or Massachusetts Department of Public Works for the convenience and safety of the public are not restricted.
§ 7.6 Exemptions.
The following shall not be considered signs within the context of this ordinance:
A.
Signs referring to the owner or occupant of a dwelling and/or professional signs, provided said sign is two square feet or less in area;
B.
Flags and insignia of any government, except when displayed in connection with commercial promotion;
C.
Standard gasoline pumps bearing thereon in usual size and form the name, type and price of gasoline;
D.
Legal notices, or informational devices erected or required by public agencies;
E.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or parts internally illuminated or decorated with gaseous tube or other lights;
F.
On awnings or similar devices, lettering not exceeding three inches in height, or symbols not exceeding four square feet in area.