3110. Applicability. Every building erected, enlarged, converted, or relocated and each use or change of use of land shall be provided with off-street parking spaces and off-street loading spaces in accordance with Section 3130, Table of Parking Requirements.

3111. In the event of the enlargement of a structure existing on the effective date of the ordinance from which this Section is derived, or the construction or relocation of additional structures on a lot, after such effective date, the regulations of this Section shall apply only to the enlargement, construction or relocation thereof, except that any off-street parking and off-street loading facilities established to serve any buildings and any uses prior to such effective date shall not be reduced below the required number.

3112. For a building or premises used for combined purposes, the number of off-street parking spaces and off-street loading spaces shall be determined as the sum of the required number of spaces in each component of the combined use.

3113. Where the computation of required parking spaces and loading spaces result in a fractional number, the required parking spaces shall be the next whole number.

(Ord. of 12-23-03, § 1)

3120. Special Permit. Any parking or loading requirement set forth herein may be reduced upon the issuance of a special permit by the Planning Board if the Board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit. Such cases might include:

3121. Use of a common parking lot for separate uses having peak demands occurring at different times;

3122. Age or other characteristics of occupants of the facility requiring parking which reduces auto usage;

3123. Peculiarities of the use which make usual measures of demand invalid;

3124. Availability of on-street parking or parking at nearby municipally owned facilities.

3125. Where a special permit is granted, a reserve area, to be maintained indefinitely as landscaped open space, may be required sufficient to accommodate the difference between the spaces otherwise required and the spaces reduced by special permit. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out in to provide the otherwise required number of spaces.

(Ord. of 12-23-03, § 1)

3130. Table of Parking and Loading Requirements. See Appendix C.

(Ord. of 12-23-03, § 1)

3140. Location and Layout of Parking and Loading Facilities. Off-street parking and loading, for facilities other than single- or two-family residences, may be provided in structures or in the open air, and shall be subject to the following regulations pertaining to their layout and location:

3141. Parking spaces shall be located on the same lot as the building or use where they are intended to serve, except that they may be provided on an adjoining lot in the same ownership.

3142. Where the provisions of subsection 3141 cannot be satisfied and the parking lot contains five (5) or more required spaces, the required parking spaces may be located on a lot in the same ownership within two hundred (200) feet of the building or lot they are intended to serve.

3143. Parking space for three (3) or fewer vehicles may be provided in the form of a driveway on a lot; the improved surface may be extended to one foot of the side line.

3144. Where a drive or aisle, other than a street, is required to maneuver a vehicle into or out of a parking space, such drive or aisle shall be at least twenty-two (22) feet wide for parking spaces situated at right angles, or nearly right angles to the aisle. For parking spaces situated at an angle of thirty (30) to sixty (60) degrees to the aisle, the required width of the aisle shall be at least fifteen (15) feet.

3145. Open-air off-street parking facilities may be located in required front, rear and side yards, except that in a residential district, no open-air off-street parking space shall be located in front of the dwelling or principal building. Notwithstanding the previous sentence, in cases where a garage faces the frontage of the dwelling and is located beneath the dwelling, open-air off-street parking may be located in front of the dwelling in a residential district provided that the dwelling is set back a minimum of twenty (20) feet from the front property line and provided that said parking occurs only within the driveway, the width of which shall not exceed the lesser of the width of said garage or eighteen (18) feet. Any driveway in a residential district, requiring more than one curb cut, shall require Site Plan Approval. No driveway in a residential district shall exceed eighteen (18) feet in width.

3146. When five (5) or more parking spaces are required on a lot, the provisions of Section 3300 shall apply. All spaces shall be laid out so that vehicles can enter or leave any parking space directly from a drive or aisle other than a street. Additionally, all spaces shall be laid out so the vehicles entering a street may do so facing the street.

3147. All parking spaces and loading areas or berths in the open-air and the access drives or aisles, shall be provided with a concrete or asphalt surface. Compacted gravel or stone shall be permitted only for single- or two-family residential dwellings.

For any development under Site Plan review, the Planning Board may determine that an alternate surface proposed on plans submitted for site plan review is suitable based on the scope, use, character and nature of the property served by the subject parking or loading area and that the proposed surface is appropriate based upon its' relationship to the character and nature of the area and neighborhood in which the particular property is located. The Planning Board may allow a suitable alternative surface for parking areas provided such areas are graded and surfaced with a suitably stable material to prevent excessive dust, erosion, odor, unsightly conditions or inflow into the City's wastewater system or wetlands, and provided the perimeter of such parking areas shall be defined by bricks, stones, railroad ties or other similar material. Curbing shall be placed at the edges of surfaced areas, except driveways, in order to protect landscaped areas and to prevent the parking of vehicles within required setback areas. Entrance and exit driveways shall be clearly defined by curb cuts, signs, striping.

If an alternative surface is used, a written agreement and maintenance plan of City right-of-way adjacent to property shall be provided to the planning board for approval. Storm Water Management systems within private property need to be constructed and maintained in accordance with the City's Stormwater Management Rules and Regulations.

(Ord. of 4-7-20, § 1)

3148. No off-street loading areas or berths shall be laid out in such a manner as will result in loading or unloading being carried on within a street right-of-way or other public property. Each area or berth shall be sufficient size as to accommodate the largest expected truck or tractor trailer common to the building use.

3149. Special Permit for Commercial Parking in Residential Districts. Commercial parking may be allowed on residentially zoned property, held in common ownership and located immediately adjacent to the commercial business to which it is to serve, upon the issuance of a special permit by the Zoning Board of Appeals, if the Board finds that said parking is not detrimental to public health and safety, and that said parking promotes a public benefit. A Special Permit for vehicular access to a building lot accessed from public way that does not constitute frontage of the lot. Upon the issuance of a special permit by the Zoning Board of Appeals, vehicular access may be allowed from a public way that does not constitute the legal frontage of the subject lot if said lot is residentially zoned, if the proposed vehicular access is for the purpose of accessing parking that is located beside or behind the dwelling or principal building, and if the Board finds that said vehicular access promotes a public benefit and is not detrimental to public health and safety. Notwithstanding Section 5240 of Chapter 9 of the Code of Ordinances or any other provision to the contrary, no fee of any kind shall be charged or imposed by the Special Permit Authority to the applicant of a Special Permit applied for under this Section.

(Ord. of 12-23-03, § 1; Ord. of 8-22-06, § 1)

3150. Size of Parking Space. A parking space shall be a rectangle at least nine (9) feet by twenty (20) feet exclusive of any required drive or aisle.

3151. The area of required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

(Ord. of 12-23-03, § 1)

3201. Purpose.

(A)

Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets sidewalks and other public places and adjacent private places open to the public. The unregulated construction, placement and display of signs constitute a public nuisance detrimental to the health, safety, convenience and welfare of the residents of the City.

(B)

The purpose of article 3200 is to establish reasonable and impartial regulations for all exterior signs and those interior signs designed to attract the attention of persons located outdoors in order to: reduce traffic hazards caused by such unregulated signs which may distract and confuse, and impair the visibility of, motorists and pedestrians; ensure the effectiveness of public traffic signs and signals; protect property values by ensuring the compatibility of property with that surrounding it; provide an attractive visual environment throughout the City; protect the character and appearance of the various neighborhoods in the City; attract tourists to the City; protect the public investment in streets, highways, and other public improvements; and protect and improve the public health, safety, and general welfare. Additionally it is intended to protect the Central Business District and Historic District in accordance with the purposes stated in Section 3200AA.

(C)

The regulations contained in this Section advance these significant government interests and are the minimum amount of regulation necessary to achieve them.

(Ord. of 12-23-03, § 1)

3210. General Regulations.

This sign ordinance shall apply to all City signs and their supporting devices, including signs located within the Chapter 40C Historic District. Signs in the Historic District will require approval from the New Bedford Historical Commission.

This ordinance shall not apply to signs erected by government agencies.

Any sign or any related frame, structure or mounting device, deemed to be abandoned by the Inspector of Buildings must be removed from the premises by the owner of the premises upon cessation of the business, activity, trade, product or service.

Any sign, display or device allowed in this Section may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this Chapter.

(Ord. of 12-23-03, § 1)

3220. Prohibited Signs.

The following signs are prohibited:

3221. Any sign which may be confused with or construed as a public safety device or sign or traffic or emergency light because of its color, shape or design.

3222. Any sign which incorporates moving, flashing, animated or intermittent lighting, excluding public service signs such as those that display time and temperature.

3223. Signs mimicking the appearance or copy of traffic signs or signals.

3224. Revolving signs.

3225. Portable signs mounted on wheeled trailers.

3226. Signs constructed, mounted or maintained upon the roof of any building.

3227. Off-Premise Signs—Types Defined: The following words, as used in Section 3228, shall have the following meaning:

Digital Sign (or) Digital Billboard: A sign on which the message is electronically or electrically displayed digitally through Light Emitting Diodes (LED), Liquid Crystal Display (LCD) or other means of electronic or other illumination to display and or change messages of words and numbers.

Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes ant rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.

Commercial Electronic Variable Message Sign (or) CEVMS: An off-premise self luminous advertising sign utilizing Light Emitting Diodes (LED), Liquid Crystal Display (LCD), Organic Light Emitting Diodes (OLED), plasma or other electronic media or technology that electronically or digitally depicts any kind of light, color, or message change which ranges from static images to image sequences to full motion video. Also may be referred to as an Electronic Billboard (EBB) or a Digital Billboard (DBB).

Electronic Sign: A sign, display, or device that changes its messages or copy at intervals by programmable electronic, digital, or mechanical processes or by remote control.

3228. Off-Premise Signs Prohibited: The construction of new off-premise signs, including billboards, electronic signs, digital billboards, CEVMS or Dynamic Displays is prohibited throughout the City and the City may not issue permits for their construction or relocation. This prohibition shall include the construction, reconstruction, enhancement, upgrading or conversion of an existing off-premise sign to an off-premise Dynamic Display Sign, Electronic Sign, or Commercial Electronic Variable Message Sign (CEVMS) such that no off-premise Dynamic Display Signs, Electronic Signs, or CEVMS are permitted.

(Ord. of 12-23-03, § 1; Ord. of 6-15-11, § 1)

3230. Permit Required. The following types of signs require a permit:

3240. Signs Extending Over a Street Layout. No person shall attach to or maintain on any building, structure or other support or otherwise locate or maintain any sign, board or other device in the nature of a notice, designation or other advertisement, so that it shall extend or project over the sidewalk of any street in the City, except under a permit therefor and in compliance with this Section.

3241. Display of banners. No banner shall be displayed across a street without the application to and issuance by the City Clerk, who shall consult with the Fire Department prior to the issuance of a permit.

3242. Awning, shade; minimum height; maximum projection. No awning or shade shall be placed or maintained on any building so as to project into the sidewalk area of a street, without a permit from the City clerk. All such awnings or shades shall be supported from above, and shall not be less than eight (8) feet above the level of the sidewalk over which they are placed, and shall not reach within twenty-four (24) inches of a line perpendicular to the outer edge of the curbing of said sidewalk. Nothing herein shall be construed to prohibit any marking or printing upon any awning constructed and maintained according to law.

(Ord. of 12-23-03, § 1)

3250. Regulations Governing Particular Types of Signs.

3251. Wall signs. Wall sign shall mean and include any sign attached to or erected against a building or other structure with the face of the sign in a plane parallel to such building or other structures and not projecting more than twelve (12) inches therefrom. Individual letters or devices cut into masonry or so affixed as to form an integral part of an exterior wall, shall not be considered wall signs if they are cut into or project out of said wall for a depth of one-fourth (¼) of an inch or less.

3252. Area Restrictions for wall signs. In Mixed-Use Business districts, no wall sign shall have an area in square feet in excess of the product of the width of the building or storefront, as may be appropriate, times two (2). Such allowable area shall also include the length of the building, if on a corner lot, times two (2). This section shall not apply in the Central Business District (CBD) which is controlled by Section 3200A.

3253. Diagonal Walls. Where a wall upon which a wall sign is located is not parallel to the street toward which it faces, the length of the wall shall be calculated as the length of street frontage between two (2) lines developed perpendicular to the street line from the ends of the diagonal wall.

3254. Ground Signs. Ground sign shall mean and include any sign having as supports wood or metal columns, pipes, angle iron framing, masonry, plastic or any combination of these materials unattached to any building or other structure.

3255. Area restrictions for ground signs. In Mixed-Use Business districts, no ground sign shall exceed one square foot in area for each linear foot of street frontage of the lot upon which it is erected, but in no event shall such sign exceed twenty-five (25) square feet in area, nor shall there be a distance of more than ten (10) feet from the ground to the bottom of the sign and not more than fifteen (15) feet from the ground to the top of the sign.

3256. Location restrictions. No ground sign shall project over a public way, nor shall a ground sign be located closer than six (6) feet from a lot line. Only one ground sign shall be permitted per lot in a Mixed-Use Business district.

3257. Deleted.

3258. Shopping Center signs. Each shopping center in a Mixed-Use Business district is authorized to have a ground sign of the size allowed in Section 3212. This sign may identify the shopping center or list the several businesses therein, or a combination of the two. Separate ground signs identifying separate establishments are prohibited.

3259. Signs on nonconforming buildings. When a building used for business or industrial purposes exists in a residential district as a nonconforming use, wall signs in existence on the date of enactment of this Ordinance may be maintained, repaired or replaced provided in the latter case that the sign area is neither increased nor larger than would be allowed in a Mixed-Use Business district, whichever is smaller. Projecting, roof or ground signs are prohibited and cannot be replaced.

(Ord. of 12-23-03, § 1)

3260. Application for and Issuance of Permits. Upon application, the City Clerk may issue permits to the owner, lessee, or occupant of a building, structure or other support, for activities regulated by Section 3203, subject to the conditions, limitations and requirements of this Section. Every applicant for a permit shall sign an agreement on the application blank to observe and conform with the conditions, limitations and requirements, subject to which the permit is granted. The City Clerk shall not grant any such permit until such Clerk shall have submitted the application therefor to the Inspector of Buildings, and such Inspector shall have approved the definite location and construction thereof. In each application the specifications of the proposed construction shall be stated and said superintendent may require a plan thereof to be filed along with the application.

3261. Permit fee. A fee of one dollar ($1.00) shall be charged by the City Clerk upon the issuance of any permit as required by the provisions of this Section.

3262. Conditions of permits subject to amendment. No right shall be acquired under any such general or special permission or any other provisions hereof, which shall prevent the governing body of the City at any time from withdrawing permission for the construction or maintenance of signs, awnings or shades over sidewalks, or from changing the conditions, limitations or requirements under which permission may be had for the same, or from repealing or amending this Section, or any ordinance in amendment thereof or in addition thereto.

(Ord. of 12-23-03, § 1)

3270. Exemptions. The following types of signs are not required to obtain a permit from the City Clerk in accordance with this Section:

3271. A sign which does not weigh more than ten (10) pounds; neither shall permits be required for poles, wires, conduits, and appurtenances of railroad, telephone, water, gas and electric companies.

(Ord. of 12-23-03, § 1)

3280. General Standards for Signs Requiring Permits in Accordance with Section 3220.

3281. No permanent sign hereafter erected shall extend or project into the street layout beyond a line drawn twenty-four (24) inches back from the curbline.

3282. No sign of cloth or fabric on a wood frame shall be maintained for a period of longer than thirty (30) days from the date of the temporary permit, and no sign of this type shall be permitted of a size greater than twenty (20) square feet, nor to project into the street layout more than five (5) feet. If the sidewalk beneath the proposed cloth sign is less than seven (7) feet in width, it shall not extend nearer than two (2) feet to the curbline. No permit for a cloth sign shall be renewed after expiration of thirty (30) days.

3283. The lower edge of all signs requiring a permit shall be not less than eight (8) feet above the sidewalk.

3284. Every sign permitted hereunder and the framework, braces, anchors and other supports therefor shall be constructed of materials and in a manner that shall be satisfactory to the Inspector of Buildings, and shall be kept in good repair, and in safe condition.

3285. Any sign to be illuminated from within shall be inspected and approved as to wiring by the inspector of wires before the issuance of a temporary permit. No sign now erected and maintained shall be removed and replaced without a new permit therefor, but this clause shall not prohibit repainting or repairs made to an existing sign, if the same are made without removal of sign from its supports.

(Ord. of 12-23-03, § 1)

3290. Temporary Permit to Erect Sign. The City Clerk is hereby empowered to grant a temporary permit to erect a sign, subject to the approval of the City Council, which has been approved by the inspector of wires as to wiring, if such approval is required, and provided that a permit for said sign has been issued by the by the Inspector of Buildings. As soon as a sign is erected under a temporary permit issued by the City Clerk the applicant shall notify the Inspector of Buildings that the sign is ready for inspection by the Inspector of Buildings.

(Ord. of 12-23-03, § 1)

3290A. Penalty for Violation. Any failure to comply with any conditions, limitations or requirements of this Section by any licensee, owner, or person maintaining any such sign, awning or shade, whether under general or special permission hereunder, shall constitute in each case a forfeiture of such permission or privilege. Any person erecting or maintaining any such sign, banner awning or other structure in violation of any provisions hereof, after five (5) days' notice to remove has been given, shall be punished as provided by law.

(Ord. of 12-23-03, § 1)

3290B. Indemnity of City. Prior to obtaining a temporary sign permit from the City Clerk, the license applicant shall provide an insurance certificate, naming the City as an additional insured. Said insurance certificate shall be in an amount deemed adequate by the City Solicitor, to protect the City's interests. Prior to obtaining a temporary sign permit from the City Clerk, the license applicant shall also provide certification that the licensee, and every owner of, or person maintaining any such sign shall be liable for and shall satisfy, and hold the City harmless and indemnified against any liability on its part on account of any lawful damages to persons or property caused by the construction or maintenance of such sign, awning or shade over the sidewalk, or any negligence relative thereto. Failure to maintain adequate insurance or failure to maintain a valid certificate of indemnification shall void said license. Upon determining that a license has become void, the City Clerk shall notify the property owner in writing that failing to obtain a new license, within five (5) days from the date of the notice, will result in the City's removal of the sign, awning or shade, at the sole expense of the property owner and such owner shall be liable for reimbursing the City for all expenses of such removal paid by it.

(Ord. of 12-23-03, § 1)

3290C. Regulations for Removal of Signs. Whenever any sign in the City is found by the Inspector of Wires or Inspector of Buildings, which is not constructed or maintained in accordance with the conditions, limitations and requirements thereof, said Inspector of Wires of Buildings may, or if in such Inspector's opinion it is for any reason unsafe or dangerous, or if in such Inspector's opinion the public interests require its removal, or if the use for the sign has been discontinued, the Inspector of Wires or Inspector of Buildings may order the owner of, or person maintaining or having the care of such sign to remove the sign and its appurtenances, and if the same is not so removed by within five (5) days from the date such order is given such person, the Inspector of Buildings shall cause the same to be removed, and such owner or other person shall reimburse the City for all expenses of such removal paid by it. In any case of emergency, said Inspector may cause any such sign to be forthwith removed, and the expense thereof shall be repaid the City by such owner or other person.

(Ord. of 12-23-03, § 1)

3210AA. Purpose. It is the purpose of this Section 3200A to promote the revitalization of the City's historic downtown by encouraging the imaginative integration of existing and proposed signage with buildings or architectural integrity and historical significance. This Section shall regulate, restrict, and place such limitations on the design, size, location and illumination of all permanent signs and advertising devices to assure that they will be appropriate to the land, building or use to which they are appurtenant.

(Ord. of 12-23-03, § 1)

3220AA. Area of Applicability. This Section 3200A is adopted for the regulation and restriction of all signs and advertising devices within the defined boundaries of the Central Business District (CBD) of the City, as described below: Beginning at the intersection of Walnut Street and County Street; thence northerly in the line of County Street to Kempton Street; thence easterly in the line of Kempton Street, and continuing easterly in the line of the eastbound lane of U.S. Route 6, so-called, to the John F. Kennedy Memorial Highway; thence southerly in the line of said John F. Kennedy Memorial Highway to Rodman Street; thence westerly in the line of Rodman Street to Water Street; thence northerly in the line of Water Street to Elm Street; thence westerly in the line of Elm Street to Acushnet Avenue; thence southerly in the line of Acushnet Avenue to Union Street; thence easterly in the line of Union Street to Water Street; thence southerly in the line of Water Street to Walnut Street; thence westerly in the line of Walnut Street to the point of beginning at County Street.

(Ord. of 12-23-03, § 1)

3230AA. Permits Required. No sign in the Central Business District (CBD) shall be erected, altered or relocated after the effective date of the ordinance from which this Section is derived without a permit issued by the Inspector of Buildings. Such permit shall not be issued until the Inspector of Buildings has reviewed the application specified in section 3240A for completeness and accuracy and has applied the review standards specified in section 3270A to such application. The Inspector of Buildings shall not refuse to issue such permit if the Inspector feels that the purpose of section 3210A has been met.

(Ord. of 12-23-03, § 1)

3240AA. Application. Applicants shall submit the following to the Inspector of Buildings to obtain a building permit for a sign:

3241AA. A dimensioned drawing of the proposed sign. The drawing must indicate:

3241AA.a. The type of proposed sign (Wall sign, projecting sign, ground sign etc.).

3241AA.b. Dimensions of the proposed sign, including any designs and/or lettering.

3241AA.c. Material and method of attaching the sign to the building.

3241AA.d. Materials and methods of constructing ground signs.

3241AA.e. Materials from which the sign is to be constructed.

3241AA.f. Scaled drawing of the area of the building or structure or lot where the proposed sign is to be located, showing accurate lineal footage and any other necessary dimensions.

(Ord. of 12-23-03, § 1)

3250AA. Fees. A sign permit fee shall be paid to the building inspector upon application for each sign permit in accordance with the following:

(Ord. of 12-23-03, § 1)

3260AA. Sign Design Review Board; Appeals and Exceptions. There is hereby created a sign design review board comprised of the City Planner, a member of the New Bedford Historical Commission (to be appointed by such commission), a representative of the Central Business District retail merchants' industry (to be appointed by the mayor), a representative of the local sign industry (to be appointed by the mayor), and a representative of the City Council (to be appointed by the president of the City Council).

3261AA. Board members (except the City Planner) shall serve for terms of three (3) years, except that the initial terms of representatives of the merchants' industry and sign industry shall be one and two (2) years, respectively. Board members who are city officials shall cease to serve upon termination of their City employment.

3262AA. The board shall annually elect its chairperson and secretary, keep written records of its proceedings and/or hearings, hold meetings and/or hearings as it deems necessary. Publications, advertisements of hearings, and notices shall be issued in the same manner as required under M.G.L.A. c. 40A, § 11.

3263AA. The board shall have power to review the correctness of decisions of the Inspector of Buildings upon appeal of an aggrieved party, and alter such decisions when deemed incorrect; further, the board shall have power to make exceptions to the requirements of this Section: to avoid substantial hardship (economic or otherwise) to an applicant, and/or to promote the revitalization of the City's historic downtown area by encouraging imaginative integration of existing and/or proposed signage with the building's architectural character, upon application from an aggrieved party.

3264AA. Applicants seeking relief shall notify the City Planner and the City Clerk, in writing, of their intent to appear before the sign design review board. The board shall have thirty (30) days from the date of written receipt of the request to hold an advertised public hearing. The board shall have forty-five (45) days, from the date of written receipt of request, to issue a decision. Failure to act within forty-five (45) days shall constitute approval of the request.

(Ord. of 12-23-03, § 1)

3270AA. Standards. The maximum allowable number of square feet of permanent signage for a business or use in the Central Business District (CBD) shall be determined by the distance of a building from the center line of the street it faces and by the business's street frontage. The following shall be used to compute maximum square footage of signs allowed for an individual business or use:

The Inspector of Buildings shall administer this Section in accordance with the following regulations:

3271AA. All signs must be stationary. With the exception of time and/or temperature messages, and appropriate lights during the holiday seasons, all signs may be lighted only with continuous light. No off-premises signs or billboards are permitted.

3272AA. No sign shall be attached to roofs, chimneys or smokestacks unless painted upon the same. No support for any sign may extend above the cornice line of the building to which it is attached. A non-functional (decorative) mansard shall not be considered part of the roof.

3273AA. The registered trademark of a specific product shall occupy no more than twenty-five (25) percent of the area of a sign face. If the sale of the trademark product is the major business conducted on the premises, however, the trademark is not restricted to size.

3274AA. No sign shall be erected in any manner that will cover any windows or doors or otherwise obscure significant architectural elements on a building's facade, for example: Decorated terra cotta, decorated moldings, medallions, pilasters, balusters or other ornaments.

3275AA. A sign attached at right angles to a building shall project no more than six (6) feet from the building. No more than one projecting sign is allowed for each entrance to each individual business establishment. The bottom of the sign shall be at least ten (8) feet above ground level. The area of a projecting sign shall not exceed twenty-four (24) square feet on either side.

3276AA. No sign for a street or sub-street level establishment shall extend higher than whichever of the following is lowest: Twenty-five (25) feet above grade, the top of the sills of the first level of windows above the first story, or the lowest point of the roof.

3277AA. Establishments in which the sole place of business is above the street level may locate a sign higher than twenty-five (25) feet above grade. However, all other regulations contained herein regarding sign design, size and location shall apply.

3278AA. A wall sign attached parallel to a building shall project no more than twelve (12) inches from the building surface.

3279AA. Vacant lots that are used for parking may have one ground sign at each entrance, not to exceed two (2) signs. The maximum square footage of each ground sign shall be thirty-two (32) square feet and shall not exceed twenty-five (25) feet in height. Only one of the two (2) permitted signs shall be allowed to describe the business(s) for which the parking is being provided.

(Ord. of 12-23-03, § 1)

3280AA. Nonconforming Signs. All new signs within the herein-described boundaries of the Central Business District (CBD) must comply with the requirements of this Section. In addition, any sign that is reconstructed, extended, changed structurally or in content, and any sign that replaces an existing sign must comply with these regulations.

3281AA. An existing sign that does not now conform may be repaired provided the cost of repair does not exceed fifty (50) percent of the replacement cost for the entire sign. Such cost estimates shall be verified by the Inspector of Buildings.

(Ord. of 12-23-03, § 1)

3290AA. Safety and Maintenance. All signs and all parts thereof, including framework, supports, background, anchors, and wiring systems shall be constructed and maintained in compliance with the applicable building, electrical and fire prevention codes of the City. All signs and all parts thereof shall be kept in a good state of repair and maintenance as determined by the Inspector of Buildings. The Inspector of Buildings may order the removal of any sign in any location in the Central Business District (CBD) where the maintenance thereof constitutes a fire hazard, is dangerous or a menace to public health or safety, when the use thereof has been abandoned, or the permit for its use has been revoked.

(Ord. of 12-23-03, § 1)

3310. Purpose. This section is designed to accomplish the following objectives:

3311. To provide a suitable boundary or buffer between residential uses and districts and abutting nonresidential uses;

3312. To separate different and otherwise incompatible land uses from each other in order to partially or completely reduce or obscure potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare), or view of signs, unsightly buildings or parking lots;

3313. To provide visual relief to parking lots and protection from wind in open areas;

3314. To preserve or improve the visual and environmental character of New Bedford, as generally viewed from residential or publicly accessible locations; and

3315. To offer residential property owners protection against diminution of property values due to adjacent nonresidential use.

(Ord. of 12-23-03, § 1)

3320. Applicability. The requirements of this Section shall apply to:

3321. Any nonresidential use which adjoins or abuts any residential use or residential district or street;

3322. Any nonresidential use which adjoins or abuts any educational use;

3323. Any nonresidential or multifamily parking facility of five (5) spaces or more which adjoins or abuts any residential use or residential district;

3324. Any nonresidential or multifamily area used for loading or storage of new or discarded materials, products or wastes, in bulk or in containers, in open-air or unenclosed structures.

(Ord. of 12-23-03, § 1)

3330. Requirements. The street or property line(s) separating residential uses or districts from adjoining or abutting nonresidential uses shall be screened from the uses specified herein by means of vegetation, plantings, or fencing, to be provided and maintained by the owner of the property used for nonresidential or multifamily purposes. Fencing shall be of a type approved by the Inspector of Buildings.

3331. A screen may consist of plant materials, at least three (3) feet in height at the time of planting which will provide a compact dense form year-round and will reach a height at maturity of at least six (6) feet or a masonry wall or wooden fence designed in an attractive manner to visually obscure.

3332. A screen shall occupy a strip of land at least five (5) feet in width along a property line or along the perimeter of a storage area. Where a screen consists of a masonry wall, wooden fence or a vinyl fence produced to resemble a classical wooden fence, the remainder of the required five-foot strip shall be landscaped with trees and shrubs. Lawn or bark mulch may be used as ground cover in conjunction with such trees and shrubs. The schedule and amount of plantings will be determined subject to the schedule found in Appendix B and shall be reviewed during the site plan review process described in Section 5400 of this Code.

3333. A screen other than of plant materials, shall be at least six (6) feet in height above the ground elevation. Where a screen is required to visually obscure a storage area, the height of such screen shall not be less than six (6) feet and shall be equal to the height of materials stored above six (6) feet, but in no instance shall the materials to be screened be in excess of ten (10) feet in height.

3334. Except for on-premises directional signs not in excess of six (6) square feet in area, no sign shall be attached to or suspended from a screen.

(Ord. of 12-23-03, § 1)

3340. Special Permit. Any screening or landscaping requirement set forth herein may be reduced upon the issuance of a special permit by the Planning Board if the Board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit.

(Ord. of 12-23-03, § 1)

3350. Coordination with Site Plan Approval. The Planning Board shall not approve a site plan unless said plan complies in all pertinent respects with the requirements of section 3300.

(Ord. of 12-23-03, § 1)

3360. Maintenance. The owner of the property used for nonresidential or multifamily purposes shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with this Section. All plant materials required by this Ordinance shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Ground cover materials shall be maintained so as to control weed growth. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Fences or walls shall be maintained in good repair and presentable appearance, or shall be replaced forthwith.

(Ord. of 12-23-03, § 1)

3410. Major Recreational Equipment. No major recreational equipment shall be stored on any lot in a residential district other than in a carport or enclosed building or behind the rear building line of the principal building, provided however that such equipment may be parked anywhere on residential premises for a period not to exceed forty-eight (48) hours. No major recreational equipment shall be stored closer than eight (8) feet to any side lot line or closer than six (6) feet to a rear lot line. Unless otherwise provided by law, no such equipment shall be used for living or housekeeping purposes when stored on a residential lot, or in any location not approved for such use. All equipment which does not conform to these regulations shall be considered nonconforming.

This Section shall not be in force and effect from April 1, 2011, to June 20, 2011. Any enforcement action for violations of this Section occurring prior to April 1, 2011, shall be unaffected.

(Ord. of 12-23-03, § 1; Ord. of 4-1-11, § 1)

3420. Unregistered Motor Vehicles. No person or entity, corporate or otherwise, as owner or as one in control of premises situated within the limits of the City of New Bedford shall keep in the open on said premises more than one unregistered motor vehicle and shall not keep a wrecked or partially dismantled motor vehicle or junk motor vehicle or motor vehicle parts thereon except as hereinafter provided. This restriction shall apply to "stock racing cars" so-called.

3421. Exemption. The provisions of Sections 3420 and 3422—3427 shall not apply to any person or entity, corporate or otherwise, as owner or as one in control of premises, which operates on the premises under a license pursuant to Section 15-1.2(7) or 15-1.2(8).

3421A. Exemption limitations. No person or entity, corporate or otherwise as owner or as one in control of premises which operates on the premises under a license pursuant to Section 15-1.2(7) or 15-1.2(8) shall be permitted to keep on the premises more than one (1) unregistered vehicle per one hundred (100) square feet of open area of the premises. For purposes of this section, open area shall mean any land area not occupied by any building or structure, whether structure is temporary or permanent, and the area is of a kind and nature that a vehicle could reasonably be parked or kept.

3422. License Request. A license to keep no more than two (2) unregistered or one wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicle in the open on such premises shall be requested from the Inspector of Buildings, who may issue said license under the terms and standards herein set forth. The fee for such a license shall be one hundred dollars ($100.00) annually, which sum shall be paid into the City treasury.

3423. License Issuance. The Inspector of Buildings may grant a one-year license to keep no more than two (2) unregistered or one wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicle in the open on such premises after a determination by the Inspector of Buildings that the same will not create a hazard to the public safety or will not become a public nuisance. The Inspector of Buildings may renew said license upon reapplication and payment of appropriate fee.

3424. Appeal of License Denial. The refusal on the part of the Inspector of Buildings to issue a license may be appealed to the City Council by filing an appeal with the City Clerk within twenty (20) days of the refusal. The City Council shall hold a public hearing on such appeal, notice of which shall be given by publishing in the newspaper circulated in the City seven (7) days, at least, before the date of the hearing. The cost of publication shall be paid by the applicant for the license.

3425. Remedies upon Appeal. Upon appeal, the City Council may approve the granting of a one-year license, upon such conditions as it may deem proper, to keep no more than two (2) unregistered or one wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicle in the open after a public hearing has been held and the council determines that the keeping of the same will not create a hazard to the public safety or will not become a public nuisance.

3426. License Renewal. Renewals of said license shall be granted only after the procedure set forth in this Section is followed.

3427. Violation. Any person who violates this Section shall, unless otherwise provided by law, be liable to a penalty of not less than one dollar ($1.00) or not more than fifty dollars ($50.00) for each day said violation continues.

3428. Entry for Inspection. The Inspector of Buildings, the Chief of Police, or any person authorized by either, may at any time enter upon any premises upon which is kept two (2) or more unregistered or one or more wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicle for the purpose of examining all such motor vehicles or parts thereof.

3429. Denial of Entry. Any person, whether licensed or not, in charge of said premises who refuses to admit thereto any persons authorized above to enter the same, or who fails to exhibit to him on demand all such motor vehicles or parts thereof, and any person who willfully hinders, obstructs or prevents such examiner from entering the premises or from making the examination authorized in this preceding paragraph, shall be punished by a fine of not less than three hundred dollars ($300.00). Said fine shall be issued under the provisions of section 17-18 of the New Bedford Code of Ordinances.

3430. Inspector of Buildings to Investigate Complaints. The Inspector of Buildings immediately upon being informed by report or otherwise that two (2) or more unregistered or one or more wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicle is being kept on any premises not licensed pursuant to this Section or M.G.L.A. c. 140 shall inspect the same; and he shall forthwith in writing notify the owner or one in control of said premises to remove the offending motor vehicles or to apply for a proper license as described above. Any person so notified shall be allowed forty-eight (48) hours following the service of the notice in which to begin to remove said motor vehicles or apply for said license and he shall employ sufficient labor to speedily remove the offending motor vehicles.

3431. Removal of Vehicles. If an owner or person in control of the premises upon which is kept two (2) or more unregistered or one or more wrecked or partially dismantled or stock racing motor vehicle or junk motor vehicles refuse or neglects to comply with the requirements of such notice within the time limited, and such motor vehicles are not removed (or license issued) as herein ordered, the Inspector of Buildings may at once enter the premises or the abutting land with such assistance as he may require and remove the same. In case of such a removal, the costs and charges incurred shall be charged to the owner or person in control of the premises.

3432. Fine for Failing to Comply with Notice of Inspector of Buildings. Such owner or person in control shall, for every day's continuance of such refusal or neglect after being so notified, be punished by a fine of not less than one dollar ($1.00) nor more than fifty dollars ($50.00) per day. Said fines shall be issued under the provisions of section 17-18 of the New Bedford Code of Ordinances.

(Ord. of 12-23-03, § 1; Ord. of 4-15-10, § 1)