This section is adopted for the reasonable regulation of signs on public and private properties within the City of Newburyport that are within public rights-of-way. Any and all signs erected, placed, or installed in, on, over or projecting into public rights-of-way (except where such sign is attached to a building on the adjacent property), including, without limitation, all signs erected, placed, or installed on telephone poles, light poles, and other public structures, are regulated under Newburyport Municipal Code Chapter 12, and not under this section.

This section VIII places limitations on the size, location, materials, and illumination of all signs placed on a lot to ensure that they are designed in such a way as to minimize problems such as view obstruction, distractions to motorists, or displacement of alternative land uses, and to ensure that signs are appropriate to the land, building, use, and neighborhood where they are located.

The purpose of this ordinance is to protect the rights of businesses, other organizations, and individual people to convey messages through signs, to encourage the effective use of signs as a means of communication, to improve traffic and pedestrian safety affected by distracting signs, to promote and protect economic vitality and opportunity, and to ensure the fair and consistent enforcement of sign standards, while preserving and protecting Newburyport's essential community character and local sense of place. In general, limitations on the size, scale and design of signage established herein are intended to limit the adverse visual and aesthetic impacts of so-called "signage clutter," which is herein determined to be an essential public purpose with strong nexus to Newburyport's quaint and historic New England character, local quality of life, and economic vitality as regional destination.

It is the intent of this ordinance to encourage and promote aesthetic integrity and community character, to preserve the city's historical and architectural assets, and to protect public health, safety, and welfare. This section allows for adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs.

This section must be interpreted in a manner consistent with the guarantees of free speech afforded by the Constitutions of the United States and of Massachusetts. If any provision of this section is found by a final judgement or order of a court of competent jurisdiction to be invalid, such a finding shall not affect the validity of any other provisions of this section which shall be given effect without the provision deemed invalid.

The rules and regulations contained herein shall govern the display, construction, reconstruction, replacement, alteration, repair, maintenance, and erection of all signs within the City of Newburyport except those located within public rights-of-way, which are instead regulated in Newburyport Municipal Code Chapter 12.

Additional standards applicable to signs within the Downtown Overlay District (DOD) and Newburyport Smart Growth District (SGD) are codified in ordinance sections XXVII and XXIX, respectively. To the extent any of those special regulations are in conflict with this section, those special regulations shall be applied instead. Additionally, any signage installation proposed in conjunction with site plan review pursuant to section XV shall comply with the design standards outlined therein and are subject to design review by the planning board district shall comply with section XXIX-I entitled "design standards".

Requirements, further allowances and/or restrictions applicable to signage placed on public property and/or within public rights-of-way are contained in the following independent sections of the Newburyport Municipal Code:

• Chapter 9 (Licenses, Permits and Business Regulations), article II (Banners)

• Chapter 10 (Miscellaneous Offenses), section 10-6. (Signs, notices, etc., on utility poles, city

• Chapter 11 (Parks and Recreation)

• Chapter 12 (Streets, Sidewalks and Other Public Places), section 12-1.3 (Signs in public ways)

• Chapter 12 (Streets, Sidewalks and Other Public Places), section 12-1.5 (Signage, merchandising and beautification on public ways)

(Ord. of 12-12-11(3); Ord. of 8-25-25(1))

Banner sign. A type of temporary sign made of cloth, fabric, paper, nonrigid plastic or similar types of material.

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

Projecting sign. Any sign attached by a bracket perpendicular to the building wall.

Site sign. A sign identifying planned or permitted development or redevelopment of a given property at locus (e.g. development name, development team, nature and/or renderings of the subject development project).

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 not more than 180 days within a twelve (12) month period. Temporary signs can include various types such as community banners, real estate signs, and signs erected during construction.

Wall sign. A sign attached to a building, but not projecting from it.

Window sign. A sign hung inside a window or graphics applied to the window itself.

Wayfinding sign. Any sign installed in accordance with a wayfinding signage package reviewed and approved by the city's office of planning and development and intended primarily for purposes of geographic orientation and navigation of benefit to visitors and/or tourists within a specific district or area of the city (e.g. downtown, business park, etc.), or to identify the location of multiple businesses collectively, rather than the identification of individual businesses.

Yard sign. A type of temporary sign located within a given property.

(Ord. of 8-25-25(1))

No sign regulated hereunder shall be erected, altered or relocated without a sign permit issued by the building inspectors. Applicants must obtain a sign permit for all signage regulated by this section. All such applications to the building inspectors shall include those materials found in section XVII-B, entitled "Applications for sign permits".

(Ord. of 8-25-25(1))

A sign permit shall become null and void if the work for which the permit was issued has not begun within a period of six (6) months from the date of the permit, provided, however, that the building inspector may grant extensions at their reasonable discretion where such work is actively continuing.

(Ord. of 8-25-25(1))

1.

General regulations. The following requirements shall apply to all signs and other advertising devices in all zoning districts. More restrictive requirements may also be applied for select districts and/or circumstances as outlined herein. Generally speaking, signage is permitted only as accessory to a permitted use located on the same lot, and not as a principal use on such lot.

a.

No sign or other advertising device with visibly moving parts or with flashing animated or intermittent illumination, 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, unless prohibited elsewhere within this ordinance:

i.

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

ii.

By an internal or halo type light of reasonable intensity.

iii.

By neon or gas filled tubes.

d.

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

e.

No sign or other advertising device, or part thereof, shall be more than twenty (20) feet above grade at locus. Freestanding signs, where permitted, are limited to ten (10) feet maximum height above grade at locus.

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 (⅔) the width of the sidewalk, whichever is less.

h.

With the exception of the industrial park zones (I-1 and I1-B) and on municipal properties as outlined herein, no new freestanding signs are permitted, except as provided in section VIII-F with respect to replacement of preexisting nonconforming signs.

i.

No sign shall be erected in any manner that will cover windows or doors. However, signs that indicate an establishment is "open" are allowed, and may be lit, provided that such signs are no larger than two (2) square feet, display no movement or flashing lights, and are only operated when the enterprise is actually open.

j.

No signs, other than those permitted or authorized herein, shall be erected on public property.

k.

Municipal facility signage (including property or facility identification, rules for use of the subject property and facility, etc.) shall be permitted on municipally owned/operated properties provided no individual sign exceeds thirty-two (32) square feet in area or seven (7) feet in height. Such signage shall also be subject to any review and approval required by the city department or commission with proper care, custody and jurisdiction for oversight of the subject property.

l.

One (1) non-regulatory free-standing sign (e.g. for the purpose of recognizing financial contributions or support from donors) is allowed per frontage on municipally owned/operated properties offering recreational facilities. Such signage requires sign-off from the city department or commission with care and custody of the subject property (e.g. school department or parks commission) in addition to review for zoning compliance conducted as part of the sign permit application. Such signs may not be within twenty (20) feet of any property line and shall (to encourage consistency in established community character) be supported by stone pylons. No individual sign permitted hereunder may exceed thirty-two (32) square feet in area nor seven (7) feet in height.

m.

Banner signage:

i.

Outward facing banner signs on municipal properties may be permitted when approved by the city department or commission granted care and custody of the subject parcel.

ii.

Inward facing banner signs placed on athletic facility fencing and structures shall not exceed thirty-two (32) square feet in size.

iii.

Banners and other forms of signage within public rights-of-way are not regulated by this ordinance but are addressed in Newburyport Municipal Code Chapter 12.

iv.

Outside the downtown overlay district (DOD) Banner signs associated with the initial grand opening or special event of a business are permitted herein, may not exceed thirty-two (32) square feet in size, and may not be used for longer than thirty (30) days before, nor thirty (30) days after, the applicable date.

n.

Unlighted, informational, directional, parking and/or traffic control signs not exceeding four (4) square feet in area are allowed for the purpose of ensuring safe vehicular traffic through, into or out of a given site, identifying a building or unit number, providing notice of restrictions regarding access to or the use of private property, and the like.

o.

No sign shall be allowed unless it is in conformance with the Massachusetts State Building Code

p.

In all districts, noncommercial yard signs containing only noncommercial messages, including political messages of any kind, may be displayed, provided that no individual sign exceeds twelve (12) square feet, with a total maximum area of thirty (30) square feet.

q.

Flags: Each business may display a maximum of two (2) governmental flags and one (1) additional nongovernmental flag, provided the non-governmental flag does not exceed fifteen (15) square feet (i.e., three by five (3 x 5) feet). Any flag with words advertising a business shall be considered a sign. Each residential property may display up to three (3) non-commercial pole or building-mounted flags, with individual pole-mounted flags not exceeding twenty-four (24) square feet and building-mounted flags limited to fifteen (15) square feet.

2.

Residential districts. The following allowances and /or requirements shall apply to all signs and other advertising devices in all residential zoning (Ag/C, R-1, R-2, R-3, HSRA, HSRB) 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.

3.

Business and waterfront districts (B-1, B-2, B-3, M, I-2, WMD and WMU). The following allowances and/or requirements shall apply to all signs and other advertising devices in all business zoning (B-1, B-2, B-3, M) and waterfront zoning (I-2, WMD, WMU) districts:

a.

Total sign area shall not exceed five percent (5%) of the side of the building upon which the applicable signs are to be attached or located.

b.

Each exterior sign shall be limited to twelve (12) square feet in area.

c.

Limit of one (1) sign per use contained within shall be allowed on each side of a structure facing upon a public way

d.

Within downtown zoning districts B-2, B-3 and WMU the following additional provisions shall also apply and supersede as applicable:

i.

All signs shall be located below second-floor windows (i.e. signs are not permitted at or above second floor windows. Signage permitted for businesses located above the first floor include the following types in addition to projecting signs installed in accordance with this section:

(a)

Door sign with a maximum size of one (1) square foot, only where said door located on the first floor.

(b)

Directory sign with a maximum size of four (4) square feet, listing two or more businesses not on the street level which share a common entrance.

ii.

Projecting signs are permitted not more than five (5) feet from the building wall or two-thirds (2/3) the width of the applicable sidewalk, whichever is less. All such signs shall provide a minimum vertical clearance of ten (10) feet between the bottom of the sign and the ground below. Where a given building does not allow for an attachment at such vertical clearance, this clearance requirement may be modified or reduced upon review and approval by, and at the reasonable discretion of, the zoning administrator.

iii.

Wall signs are permitted with graphics applied through one of the following means:

(a)

Graphics painted, applied or carved onto a sign attached to the building.

(b)

Graphics directly applied to the building (not including any unpainted brick surfaces) through the use of paint, vinyl or 3-dimensional relief.

iv.

Awnings: Any lettering or graphics placed on awnings shall count towards the total allowable sign area.

4.

Business park districts (I-1 and I-1B) The following allowances and/or requirements shall apply to all signs and other advertising devices in the industrial zoning (I-1 and I-1B) districts:

a.

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

b.

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 percent (15%) of the side of the building upon which the signs are to be attached or located.

c.

Only one (1) freestanding sign is permitted hereunder per lot frontage on a public or private way.

5.

Business district B-1. 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 the B-1 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 percent (10%) of the area of the side of the store building which contains the principal entrance.

6.

Wayfinding signage. For the purposes of enhancing local community character through the use of consolidated and/or consistently designed signage within certain areas of the city, the installation and maintenance of so-called wayfinding signs on appropriately located parcels of land may be authorized at the reasonable discretion of the city council. While the majority of such signage may reasonably be expected to be located within or along public rights-of-way, the allowance herein on appropriately located parcels of land, or portions thereof, is to ensure adequate options for the ideal placement of such wayfinding signage, in partnership with property owners in the applicable area.

(Ord. of 9-26-89(2); Ord. of 9-14-92; Ord. of 4-28-97; Ord. of 8-25-25(1))

Temporary signs that do not exceed ten (10) square feet are allowed for not more than 180 days in a twelve (12) month period, may be freestanding, and do not require a permit from the city. Site signs may be installed for a period greater than 180 days within a twelve (12) month period, and may not exceed thirty-two (32) square feet. Signs on the surface of or inside display windows may not cover more than twenty percent (20%) of the total display window surface area.

(Ord. of 8-25-25(1))

Lawfully erected signs that serve lawful pre-existing nonconforming uses or structures may be maintained and replaced provided that such signs are not enlarged or significantly altered beyond routine maintenance. Any replacement or significant alteration of such signs shall require grant of a special permit for nonconformities from the special permit granting authority (SPGA). Maintenance during any year-long period with an aggregate value exceeding thirty percent (30%) of the replacement value of the sign shall be considered a significant alteration. Signs serving lawfully non-conforming uses or structures that are considered abandoned under the Zoning Act MGL Chapter 40A must be removed with ninety (90) days following notice of said abandonment issued in writing by the zoning administrator, except where, at the reasonable discretion of the zoning administrator, such signs may be deemed culturally or historically significant to the local community.

(Ord. of 8-25-25(1))