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Newton City Zoning Code

§ 320-25

Sign standards.

[Amended 9-16-2015 by Ord. No. 2015-21]
The sign standards section is intended to encourage signage which is compatible with the character of the building's architectural design and other signs and buildings within the vicinity of the business. These standards encourage efficient use of signage and minimization of visual clutter. Creativity and unique designs are encouraged that develop distinctive images using high quality craftsmanship and materials.
A. 
General sign provisions.
(1) 
No sign shall be constructed or displayed unless a permit shall have first been obtained from the Zoning Officer, unless specifically permitted without a Zoning Permit pursuant to this section. One permit is required per sign for each location, unless otherwise stated in this section.
(2) 
No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.
(3) 
Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by public authority is prohibited.
(4) 
No advertising sign shall be erected or located on, within or over any public right-of-way; excepting district identification signs for a business district, historic district, municipal or traffic signs, or parking directional signs over access roads to parking, and except temporary signs as permitted by this section.
(5) 
No permanent sign or advertising structure shall be erected which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises, unless the business, commodity, service or entertainment is owned or operated by the same business entity as the location of the permanent sign. Any such sign shall meet the requirements of this section. Temporary signs that cross-market businesses or events located off-premises are permitted subject to the requirements of this section.
(6) 
Wall or ground traffic directional and traffic safety signs containing such wording as "one-way," "do not enter," "stop," "enter" and "exit" may be located on a property in any zone, subject to the requirements of this section.
(7) 
The graphic content of a sign may be modified without obtaining a zoning permit, provided that the proposed graphic content complies with all applicable provisions of this section.
(8) 
Any official sign or sign required by a provision of law is permitted in any zone.
(9) 
All hanging signs, temporary or permanent, must be hung so that the bottom edge of the sign is a minimum of eight feet from grade.
(10) 
The marquis sign at the Newton Theatre (Lot 10, Block 8.06) is grandfathered and permitted to remain as is as of the date of adoption of this section and can be replaced if partially or completely destroyed. Any new or additional signs at the Newton Theatre must comply with all applicable provisions of the Town Code.
(11) 
The signs existing at the Plaza Restaurant, 116-118 Spring Street (Block 8.08, Lot 20) are grandfathered and permitted to remain as is, as of the date of adoption of this subsection, and may be replaced if partially or completely destroyed; and may be replaced as is, if removed. Any new or additional signs at the property must comply with all applicable provisions of the Town Code.
[Added 6-11-2018 by Ord. No. 2018-10]
B. 
Sign size and location.
(1) 
Number of signs permitted by type.
Sign Type
Number of Signs, if Permitted
Zones Permitted
Freestanding/ground-mounted
1 per building
T-4, T-5, SD 1-9
Awning/canopy/facade/ wall/projecting/blade
Choose any 2 per road frontage and 1 additional per nonfrontage side per business
T-4, T-5, T-6, SD 1-9
Directional
1 per ingress/egress and as needed internally to the site
All districts
Menu board (window or facade)
1 per business
T-4, T-5, T-6, SD 1-9
Portable sign/sandwich board
1 per business
T-6
Portable sign/sandwich board
2 per business
T-4, T-5, SD 1-9
Professional/tenant identification
1 per building
T-4, T-5, T-6, SD 1-9
Real estate
1 per building
All districts
Window (permanent)
1 per window
T-4, T-5, T-6, SD 1-9
Window (permanent internally illuminated)
1 per window
T-4, T-5, T-6, SD 1-9
Home/professional occupation sign
1 per building
All districts
Temporary ground sign/banner (T-6)
1 per business
T-6
Temporary/ground sign/banner (T-4, T-5, SD 1-9)
5 per business
T-4, T-5, SD 1-9
Temporary window signs (T-4, T-5, T-6)
Any number up to max. % coverage permitted
T-4, T-5, T-6
Temporary window signs (SD 1-9)
Any number up to max. % coverage permitted
SD 1-9
Quick response (QR)/TAG code
1 per business
T-4, T-5, T-6, SD 1-9
Decorative or open flags
1 per business
All districts
"Open" signs (may be internally illuminated, not flashing)
1 per business
T-4, T-5, T-6, SD 1-9
Barber shop poles
1 per business
T-4, T-5, T-6, SD 1-9
(2) 
Size of signs by type.
Sign Type
Maximum Size Per Sign
Freestanding/ground-mounted
40 square feet
Awning/canopy
8 square feet
Facade/wall
1 square foot per lineal foot of facade
Facade/wall (internally illuminated)
8 square feet
Projecting/blade
12 square feet
Directional
4 square feet
Menu board
4 square feet
Portable sign/sandwich board
8 square feet
Professional/tenant identification
40 square feet total; 3 square feet per tenant
Real estate
24 square feet
Window (permanent)
8 square feet per window
Window (permanent, internally illuminated)
8 square feet per window
Home/professional occupation sign
4 square feet
Temporary ground sign/banner
24 square feet
Temporary window signs (T-4, T-5, T-6)
Maximum window coverage 50% (including permanent window signs)
Temporary window signs (SD 1-9)
Maximum window coverage 75% (including permanent window signs)
Quick response (QR)/TAG code
1 square foot
Decorative or open flags
6 square feet
Open signs (may be internally illuminated not flashing)
8 square feet (in addition to above permitted signs)
Barber shop poles
4 feet maximum height
C. 
Sign area measurement.
(1) 
The areas of any sign face shall be measured as the product of the horizontal width and the largest vertical width of the lettering, illustration, display or background. Where there is no geometric frame to the sign, the sign size shall be determined by creating a four-sided box around the largest illustration or lettering in the sign.
(2) 
The sign area measurement shall not include framing, trim, molding or supporting/hanging structure used to secure sign to the building.
(3) 
For double-faced signs, only one side is considered into the measurement.
(4) 
For sign faces that are not parallel (e.g., V-shaped signs) both faces shall be considered into the computing of sign area. Sandwich boards shall be exempt and only one side measured in sign size calculation.
D. 
Sign lighting.
(1) 
Externally illuminated sign sources shall be shielded or directed so as to not produce glare. Externally illuminated signs, including halo effect signs, may be permitted with a zoning permit, provided that they meet the standards of this section.
(2) 
Internally illuminated signs that are larger than eight square feet may be permitted following Planning Board approval via a minor site plan application, if not included in a major site plan application. The Planning Board must find that the sign is in keeping with the surrounding area and the architectural features of the building, is not in conflict with the goals of the master plan for that zone and is not a nuisance to adjacent properties.
(3) 
Freestanding, ground-mounted or wall/blade signs utilizing digital/LED lettering, also known as "electronic message boards (EMB)," may be permitted following Planning Board approval via a minor site plan application, if not included in a major site plan application. The EMB shall be measured around the edges of the display board. The EMB may be a portion of or all of the sign area. The EMB must be fitted with a dimmer to adjust the lighting intensity so that it doesn't cause a nuisance or glare. The maximum luminance of the EMB shall be 10,000 nits during daylight hours and 500 nits during nighttime hours for full color displays. Monochrome displays shall have a maximum of 8,000 nits during daylight hours and 400 nits during nighttime hours. Lettering on the sign may change at a maximum of one message per 15 seconds. The Planning Board must find that the sign will not cause any traffic safety concerns and is not a nuisance to adjacent properties.
[Amended 1-30-2017 by Ord. No. 2017-1]
E. 
Construction signage.
(1) 
During construction, one sign for each project or development phase may be displayed, indicating the name of the project, developer, design professionals, general contractor, subcontractors, financing institution, and/or public agency officials (as applicable and appropriate). Construction signage must not exceed 25 square feet. Construction signage must be removed within 48 hours of obtaining a certificate of occupancy.
F. 
Temporary signage and banners.
(1) 
Temporary ground signs or banners that do not exceed the number and size as noted above may be displayed with a zoning permit, provided that the temporary sign does not interfere with pedestrian or traffic safety and the sign remains in good condition.
(2) 
Temporary window signs placed inside the window may be utilized by businesses, provided they do not cover more than the percentage of window as noted above and remain in good condition. Said window signs may be displayed without a zoning permit so long as they remain in good condition and do not represent a hazard or nuisance. Windows of businesses that are vacant may have the windows covered 100%, temporarily until occupied, unless said covering is determined to represent a hazard, nuisance or security issue by the Zoning Officer or Chief of Police.
(3) 
Temporary signs for elections and community events, such as tricky trays, yard sales, etc., are permitted, subject to the following requirements:
(a) 
Size: Maximum size in the T-1, T-2 and T-3 Zones is four square feet. Maximum size in all other zones is 16 square feet.
(b) 
The property owner must consent to the sign on his/her property.
(c) 
The sign may be placed on the property up to 30 days prior to the event and must be removed within 72 hours following the event. A zoning permit is not required for temporary election or community event signs.
(4) 
Real estate signs may be placed in front of a building for sale or lease in all zones, as noted above, until such time as the building is sold, leased or taken off of the market. The sign shall be removed within 72 hours of the closing of the sale of the property, signing of the lease on the property, or removal of the listing for the property. A zoning permit is not required.
G. 
Location of signage.
(1) 
No sign shall be placed in any location so as to block the safe movement of cars, bikes, pedestrians or other traffic at any driveway or street intersection.
(2) 
No sign shall be located in an area along a sidewalk, walkway, driveway or access so as to block the safe access of the property or impact handicap accessibility standards.
(3) 
Wall-mounted signage may be placed above the first floor facade to identify a business on the upper floors of a building, or to identify the building, provided that the sign size and number meet the standards of this section.
H. 
Prohibited signage.
(1) 
Moving, animated, flashing, blinking or rotating signs or lights, as well as streamers, pennants and similar displays, are prohibited in all zones, except EMBs and barber shop poles, as noted above. This prohibition includes balloons, other inflatable objects, searchlights, and flexible signs where movement is produced through operation of a fan or similar device, except that up to four standard-sized balloons may be attached to portable signs.
(2) 
Roof signs, feather flags.
I. 
Exempt signage. The following exemptions shall apply only to the requirement for a zoning permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:
(1) 
Memorial tablets or signs, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials. Maximum size is four square feet.
(2) 
Official signs.
(3) 
Residence designation signs, including names on mailboxes and residences and address signs on mailboxes and buildings, including 9-1-1 address signs, provided that the sign does not exceed two square feet.
(4) 
Signs used on properties warning the public against hunting or trespassing thereon, provided that the sign does not exceed two square feet.
(5) 
The flag of a government or noncommercial institution such as a school.
(6) 
Religious symbols and seasonal decorations within the appropriate recognized season or holiday.
(7) 
Temporary community event and political signs, provided they meet the standards of this section.
(8) 
Portable signs, decorative or open flags and open signs, provided they meet the standards of this section.
(9) 
Real estate signs, provided they meet the standards of this section.
(10) 
Temporary windows signs, provided they meet the standards of this section.
(11) 
Relettering of a previously approved sign, provided that the size or location of the sign does not change.
(12) 
Business or historic district directory signs, wayfinding signs, signs setting forth rules of conduct and/or light pole banners.
(13) 
Temporary grand opening signs and/or banners for the first 30 days the signs are displayed.
J. 
Signs and banners over public streets.
(1) 
No person shall be permitted or allowed to place, erect or maintain, or cause to be placed, erected or maintained any sign, banner or other device over any public street in the Town of Newton, except for approved utilization of the existing decorative poles located on Spring Street, which shall be granted only for advertisement on behalf of a bona fide religious, charitable, educational, or municipal organization, in connection with the organization or a related campaign, or for an event in the interest or welfare of the public as determined by the Town Manager or his/her designee.
(2) 
A fee of $50 shall be charged in connection with the application for signs or banners over Spring Street under this section and the erection and removal of the sign or banner by the Town.
(3) 
Applications shall be submitted to the Municipal Clerk's office; reviewed by the Director of Public Works, Supervisor of Public Works or his/her designee, to confirm sign safety; approved by the Town Manager or his/her designee; and issued by the Municipal Clerk or Deputy Municipal Clerk. Any application that does not meet the satisfaction of the Director of Public Works, Supervisor of Public Works or his/her designee as to safety shall be denied.
(4) 
Only one sign or banner may be present at a time. Licenses shall be issued on a first-come, first-served basis, based upon time of submission of application.
(5) 
After being granted, such approval pursuant to this section shall be valid for a maximum of four weeks.
(6) 
An application for a sign or banner over Spring Street shall contain:
(a) 
A statement of eligibility to apply for a sign or banner under the terms of this section; and
(b) 
The weight and dimensions of the sign or banner, and the type of fastenings proposed to be used; and
(c) 
Any such other information as may be required by the Director of Public Works, Town Manager, Municipal Clerk or Deputy Municipal Clerk.
(7) 
Upon application, and prior to approval of the sign or banner, the following must be obtained:
(a) 
Approval from the Director of Public Works, Supervisor of Public Works or his/her designee; and
(b) 
Approval by the Town Manager or his/her designee; and
(c) 
Executed hold harmless agreement with the Town.