This ordinance is adopted for the regulation and restriction of signs within the City of Newburyport in order to regulate, restrict, and place such limitations on the size, location, type and illumination of all signs as will assure that they will be appropriate to the land, building or use to which they are appurtenant and be protective of property values and the safety, convenience and welfare of its residents. It is also the intent of this by-law to protect and enhance the visual environment of this city and to prevent or minimize damage to the environment.

The rules and regulations contained herein shall govern the construction, alteration, repair, maintenance and erection of all signs within the City of Newburyport.

Notwithstanding the provisions of this section, all signs and other advertising devices within the B-2, B-3 and WMU zoning districts shall meet the requirements contained within the document entitled "Signage Standards for Downtown Newburyport," dated October 11, 2011 and on file with the City Clerk and Office of Planning and Development.

Additionally, any proposal which requires site plan review as outlined in section XV "site plan review," shall comply with the standards outlined section XV-H b.6.

(Ord. of 12-12-11(3))

Banner sign. Signs made of cloth, fabric, paper, nonrigid plastic or similar types of material; national flags, flags of political subdivisions and symbolic flags of an institution or a business are excluded.

Construction sign. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architect, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

Freestanding sign. A sign attached to the ground and supported by uprights placed on or in the ground.

Political sign. A sign which advertises a candidate or candidates for public elective office, a political party or promotes a position on a public or ballot issue.

Real estate sign. A temporary sign which advertises the real estate on which it is located for rent, lease, or sale.

Sign. Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Sign area. The area defined by the frame or edge of a sign: however, where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, rectilinear shape which most closely outlines the said sign. Sign area includes the advertising surface and any framing, trim or molding, but not the supporting structure.

Sign height. The vertical distance from the grade below the sign to the uppermost module, cabinet or character.

Temporary sign. Any sign, banner, pennant, or advertising display intended to be displayed for a limited time period. Easily removed signs attached to windows are considered temporary signs.

Applicants must submit plans with their permit applications to the inspector of buildings prior to obtaining a building permit in accordance with section XVII-B plan requirements.

1.

A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months from the date of the permit, provided, however, that the building inspector may at his direction [discretion], issue extensions covering a period not to exceed one (1) year from the date of issue of the original permit.

2.

No sign shall be allowed unless it is in conformance with the Massachusetts State Building Code except as specifically prohibited.

3.

No sign shall be erected, altered or relocated without a permit issued by the inspector of buildings.

1.

General regulations. The following requirements shall apply to all signs and other advertising devices in all zoning districts.

a.

No sign or other advertising device with visible moving or movable parts or with flashing animated or intermittent illumination, with the exception of appropriate light during holiday seasons, shall be erected or maintained.

b.

No illumination shall be permitted which is visible from any portion of a way so as to create a traffic hazard.

c.

Signs may be illuminated by the following means:

i)

By a steady stationary light of reasonable intensity shielded and directed solely at the sign.

ii)

By an internal light of reasonable intensity.

iii)

By a neon or gas filled tubes.

d.

All signs lighted externally shall be shielded or directed in such a way as to prevent spillage of the building or onto streets, parking, driveway areas or surrounding properties.

e.

No sign or other advertising device, or part thereof, shall be more than twenty (20) feet above ground level.

f.

No sign or other advertising device attached to a building shall project above the roof or parapet line.

g.

No sign or other advertising device attached to a building shall project more than five (5) feet from a building or two-thirds the width of the sidewalk, whichever is less.

h.

With the exception of the industrial zone (I) no freestanding signs are permitted.

i.

No sign shall be erected in any manner that will cover windows or doors.

j.

No signs shall be erected on public property.

2.

Residence districts (Ag/C, R-1, R-2, R-3) allowed signs. [The following requirements shall apply to all signs and other advertising devices in all residential zoning (Ag/C, R-1, R-2, R-3) districts:]

a.

One (1) sign for each family residing on the premises indicating the name of the owner or occupant or pertaining to a permitted accessory use, provided that each sign does not exceed one (1) square foot in area.

b.

One (1) sign not over nine (9) square feet in area pertaining to permitted buildings, structures, and uses of the premises other than dwellings and their accessory uses.

c.

Each temporary unlighted sign not over six (6) square feet and all signs aggregating not over eighteen (18) square feet in area pertaining to the sale or lease of the premises.

[d.

Not included on original copy.]

e.

Unlighted directional signs not exceeding one (1) square foot in area pertaining to churches, schools, institutions, and other nonprofit or public uses.

3.

Business and waterfront districts (B-1, B-2, B-3, H, WMD and WMU) signs. [The following requirements shall apply to all signs and other advertising devices in all business zoning (B-1, B-2, B-3, H) and waterfront (WMD, WMU) districts:]

a.

Sign area shall not exceed five (5) percent of the side of the building upon which the sign is to be attached or located.

b.

Only one (1) exterior sign with an area not exceeding twelve (12) square feet shall be erected on any nonconforming building or use.

c.

One (1) sign shall be allowed on each side of a structure facing upon a public way.

4.

Industrial district (I) allowed signs. [The following requirements shall apply to all signs and other advertising devices in the industrial zoning (I) district:]

a.

No freestanding sign shall exceed a height of ten (10) feet.

b.

Freestanding signs shall be placed no more than one-half the required setback distance from the roadway.

c.

No sign shall exceed forty (40) square feet in area.

d.

If more than one (1) sign, designating more than one (1) use of a structure, is erected, the accumulated sign area shall not exceed fifteen (15) percent of the side of the building upon which the signs are to be attached or located.

5.

Business districts (B), shopping centers, allowed signs. In addition to section VIII-D.3, the following requirements shall apply to all signs and other advertising devices attached to the side of the building containing the principal entrance to each store within a shopping center (use item 401) where such use began prior to September 14, 1992 in a business district.

The sign area for the principal entrance of each store shall not exceed the lesser of four hundred fifty (450) square feet or ten (10) percent of the area of the side of the store building which contains the principal entrance.

(Ord. of 9-26-89(2); Ord. of 9-14-92; Ord. of 4-28-97)

The following signs are allowed on a temporary basis and may be freestanding. All of the signs listed below, except for construction signs, do not need a permit from the city.

a.

Construction signs. One (1) unlighted sign of up to thirty-two (32) square feet identifying parties involved in construction is allowed on the premises where the sign is located. The sign shall be removed prior to the issuance of any occupancy permit.

b.

Real estate signs. One (1) unlighted sign of up to ten (10) square feet shall be allowed in all residential districts and thirty-two (32) square feet in all other zoning districts pertaining to the sale, rental, or lease of the premises on which the sign is displayed. Signs shall be removed within fourteen (14) days after sale, rental, or lease.

c.

Event signs. Unlighted signs of up to thirty-two (32) square feet may be displayed on private property and are limited to one (1) per street frontage announcing a drive or event of a civic, philanthropic, educational or religious organization. Signs shall be installed no sooner than thirty (30) days prior to the event and shall be removed within seven (7) days after the event.

d.

Political sign. Unlighted signs of up to thirty-two (32) square feet may be displayed on private property. Signs shall be installed no sooner than ninety (90) days prior to the election date and shall be removed within seven (7) days after the event.

e.

Banner signs. Nonprofit, charitable community organizations shall be allowed to erect sign banners not to exceed one hundred (100) square feet in areas. Banner signs shall be installed no sooner than thirty (30) days prior to the event and shall be removed within seven (7) days after the event.

f.

Display window signs. Signs on the surface of or inside display windows, lighted only by the building illumination and covering no more than twenty (20) percent of the display window area are allowed.

No sign heretofore approved and erected shall be repaired, altered or removed, nor shall any sign, or substantial part thereof, which is blown down, destroyed or removed, be re-erected, reconstructed, rebuilt or relocated unless it its made to comply with all applicable requirements of this ordinance.