Northampton City Zoning Code
SECTION 7
Signs
§ 350-7.1 Applicability.
All signs (accessory and nonaccessory) shall comply with the regulations for the erection and construction of signs contained in the Building Code of the City of Northampton, and all other applicable regulations including the sign regulations contained in this chapter. In addition to the provisions of this chapter, all nonaccessory signs, including the typical billboard signs, shall be required to have the appropriate annual permit from the Massachusetts Outdoor Advertising Board for any nonaccessory sign which is not in conformity with applicable ordinances of the City of Northampton enacted in accordance with Section 29 of Chapter 93 of the General Laws.
§ 350-7.2 General sign regulations.
A.
Any traffic, informational or directional sign or festive banner owned and installed by or for a governmental agency shall be permitted.
B.
A sign (including temporary interior window displays or banners) or its illuminator shall not by reason of its location, shape, size, or color interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, or traffic marking. A sign or any part thereof which moves or flashes, except such portions of a sign as consist solely of indicators of time and/or temperature, shall comply with the requirements herein as dynamic display. All illumination of signs must be in conformance with § 350-12.2.
C.
Temporary freestanding ground signs advocating any candidacy or cause which is under consideration at a particular election or any other cause or issue (not to exceed one sign per candidate/cause per lot) shall be permitted, provided that such signs:
(1)
Shall not exceed a size of six square feet and shall not be any closer than 10 feet to any lot line.
(2)
Shall not be any higher (the top) than four feet from the ground.
(3)
May not be displayed on a building or structure unless said building or structure is the headquarters or chief office of the candidate or organization. (Said wall sign shall conform to the wall sign criteria for that zoning district within which it is located.)
(4)
May only be permitted to be placed on a building which is not the headquarters or chief office of the candidate or organization when the Building Commissioner determines that, because of the size of the lot's setback areas and the location of the building on the lot, such a sign cannot be adequately displayed on the ground itself.
(5)
Shall not be displayed more than three months prior to the election date, if the sign is related to an election.
(6)
Shall be taken down within three days following the election if the sign is related to an election or within 90 days of installation if the sign is not related to an election.
D.
The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers and visitors (whether in a vehicle or on foot) of the business, industry, or residence. Such signs:
(1)
Shall not exceed a maximum size of six square feet.
(2)
Shall not be any higher (top of sign) than four feet from the ground.
(3)
Shall be limited to one such directional sign per curb cut.
E.
Along with the height restrictions herein, a sign, together with any supporting framework, shall not extend above the roofline of the associated structure on the site. In the case of a building with a pitched roof, the eave line of the building shall be considered the roofline.
F.
The supporting members for any pole sign, projecting sign, or any other sign shall be in acceptable proportion to the size of the sign.
G.
No sign shall be erected so as to obstruct any door, window or fire escape on a building.
H.
No more than one sign indicating the meetings and existence of any Northampton civic organization may be erected within a street right-of-way at each boundary line of the City or each gateway to Northampton, as identified by the Board of Public Works. Said sign shall not exceed 25 square feet in area and shall require the approval of the Board of Public Works.
I.
No sign, except for a traffic regulatory or informational sign, shall be erected which uses the words "stop," "caution," or "danger" or other similar words in such a manner as to present or imply the need or requirement of stopping or caution or the existence of danger, or which, for any reason, in the opinion of the Chief of Police, is likely to be confused with any traffic regulatory or informational sign.
J.
If lighting is provided for a sign, the source of light shall be either from within the sign or shall be white light exterior to the sign and shielded so as prevent direct glare from the light source onto any public street or onto any adjacent property.
K.
In any district, one unlighted temporary sign offering premises for sale or lease for each parcel in one ownership shall be permitted, provided that it shall not exceed six square feet in surface area, and it shall be set back at least 10 feet from the street lot line or 1/2 of the building setback distance, whichever is less.
L.
In any district, one unlighted temporary sign of an architect, engineer or contractor may be erected during the period such person is performing work on the premises, provided that it shall not exceed four square feet in surface area, and it shall be set back at least 10 feet from the street lot line, or 1/2 of the building setback distance, whichever is less.
M.
The Board of Appeals may issue a special permit allowing more than the number of signs herein permitted and/or for signs of a larger size, but not taller than herein permitted, provided that:
(1)
Signs are located only where they are otherwise permitted in the district; and
(2)
The Board of Appeals determines that the architecture of the building, the location of the building or the land or nature of the use being made of the building or land is such that additional signs or signs of a larger size would not detract from the character of the neighborhood and should be permitted in the public interest. Additional ground signs shall only be approved if there are exceptional circumstances to warrant their approval and if all efforts are undertaken to keep additional ground signs as small and low as possible.
(3)
The Board of Appeals specifies in the permit the exact sign permitted, the size and location of the sign or signs, and, if applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit unless the special permit specifies what types of changes are allowed.
N.
The Building Commissioner is authorized to order the repair or removal of any sign and its supporting structure which, in his judgment, is dangerous, or in disrepair or which is erected or maintained contrary to this chapter.
O.
No sign shall contain fluorescent colors. No sign shall contain red or green lights if such colors would, in the opinion of the Chief of Police, constitute a driving hazard.
P.
Signs painted or placed on the inside of the window shall be permitted, provided that the aggregate area of such signs does not exceed 20% of the area of the window glass.
Q.
All signs, except for those authorized under § 350-7.2D, shall be removed within 30 days of the date from which they no longer serve their intended function (i.e., no longer provide the service, establishment or product being advertised).
R.
A school, college or other educational institution may erect temporary signs for identification of special programs, alumni events, or other temporary or short-term (less than 12 weeks) educational programs. Such signs shall be permitted, provided that:
(1)
Such signs shall not exceed a size of three square feet and shall not be any closer than two feet to any lot line.
(2)
The top of the sign shall not be more than four feet above the ground.
(3)
Such signs shall not be displayed for more than three days prior to nor one week (a total of 10 days) after the start of said program or event.
(4)
For temporary events which occur every year, signboards must be of durable construction.
S.
A sign may not include text, graphics or pictures defined as obscene in MGL c. 272, § 31, if, taken as a whole, it (1)appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; (2)depicts or describes sexual conduct in a patently offensive way; and (3)lacks serious literary, artistic, political or scientific value; nor may signs depict or describe sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
T.
"Dynamic display sign" means any sign designed for outdoor use that is capable of displaying an electronic signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement use are exempt from this chapter.
U.
A dynamic display sign on, in, or part of any portable/mobile vehicle parked in view of the public way, whether registered or unregistered, and which carries or displays any sign or billboard will be regulated as a ground sign.
§ 350-7.3 Signs permitted in any R or SC District.
In all R and SC Districts, the following exterior accessory signs and no others are permitted:
A.
One front wall sign located on the first-floor facade for each legal mixed use or other commercial use, provided that such sign shall not exceed 1.5 square feet in surface area.
B.
One identification sign for each dwelling unit, provided that such sign shall not exceed two square feet in surface area; if lighted, it shall be illuminated internally or by indirect method with white light only in conformance with § 350-12.2; and it shall not be used other than for identifying the occupancy.
C.
Institutional and other nonresidential uses in residential districts allowed in accordance with:
(1)
Each membership club, funeral establishment, nursing care facility may have one ground identification sign up to a maximum of 10 square feet in surface area. If signs are illuminated, they may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m.
(2)
Churches, community centers, schools may have one ground sign up to a maximum of 40 square feet in surface area. Such signs shall be set back at least 1/2 the required depth of the front yard setback. Signs may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m. Signs may contain dynamic display, as defined in § 350-7.2T above, so long as the following are met:
(a)
The dynamic display area may be no more than 1/2 the total sign area.
(b)
Minimum display time between display changes shall be 30 minutes. Transition time to next display shall be less than one second.
(c)
Display boards shall not emit sound.
(d)
If images are displayed, only static, nonfluctuating, nonchanging video images are allowed.
(e)
Signs must have photocells that automatically dim in dark conditions in direct correlation to natural ambient light conditions. At no time shall the sign lights be greater than 0.3 footcandle above ambient light conditions.
(3)
Tourist home/bed-and-breakfast establishments may have one identification sign, attached flush to the structure (not to exceed three square feet in surface area), provided that such sign, if lighted, shall be in conformance with § 350-12.2 and may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m.
(4)
Ground signs shall not be taller than five feet above average finished grade at the foot of the sign.
D.
For approved residential subdivisions, townhouse, multifamily, and open space developments, one ground sign identifying the development, provided that:
(1)
It shall not exceed 12 square feet in surface area on any one side and shall not have more than two sides.
(2)
It shall be located on private property and set back at least 15 feet from any street lot line.
(3)
The top of the sign shall not rise more than five feet above the ground or sidewalk within five feet of the sign.
(4)
If lighted, it may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m. No dynamic displays are allowed.
(5)
Such a sign shall only be permitted so long as the approved access within the development is not a City-accepted public way. Once said access has been accepted by the City Council as a City right-of-way said sign shall be removed, and a standard City street sign shall be installed.
E.
In residential zoning districts, one temporary freestanding ground sign up to six square feet addressing traffic safety concerns shall be permitted. For the purposes of this section, "temporary" shall be construed to mean less than 90 days in any calendar year.
F.
No more than one sign shall be allowed for any one establishment in the R District.
§ 350-7.4 Signs permitted in any B or Character-Based District.
The following signs shall be permitted in any B or Character-Based District:
B.
Business signs shall be permitted as wall signs as follows:
(1)
They shall be attached and parallel to the wall of the building; and
(2)
They shall not project horizontally more than 12 inches therefrom (except as noted below) and, if the sign is designed to allow pedestrian traffic under the sign, shall be a minimum of seven feet above the ground; signs projecting more than 12 inches over a public way shall be permitted by the Board of Public Works in accordance with Chapter 264, Signs, Article I; and
(3)
One main (frontage) wall sign on the street frontage for each establishment in the structure plus one directory wall sign, provided that:
(a)
The sign's surface area shall not be larger than 10% of the frontage wall area of the facade of the story which is occupied by the establishment or 100 square feet, whichever is less; and
(b)
The total surface area of all main wall signage of a building shall not be larger than 10% of the main wall area of the ground floor; and
(c)
Except in the Central Business Districts and Florence Village Districts, when an establishment is located on a lot with more than one frontage (i.e., a corner or through lot) a main (frontage) wall sign may only be displayed on one of the frontages. The other frontage(s) may display a side wall sign as allowed below. In the Central Business Districts and Florence Village Districts, a main wall sign can be placed on any wall with street frontage instead of a side wall sign.
(4)
One side wall sign per structure (except in the CB and FV Districts, where it may be one side wall per establishment plus one directory wall sign on the structure) on each side wall (that wall facing a non-rear lot line), provided that:
(a)
The surface area of the sign shall not be larger than 25 square feet; provided, however, that in the CB and FV Districts, the total surface area of all the side wall signs for each side wall of a building shall not exceed 100 square feet or 10% of the side wall area of the ground floor of the side where the signs are located, whichever is less; and
(b)
Side wall signs are not permitted on side walls which face or abut (within 100 feet) a residential zoning district.
(6)
Dynamic displays shall comply with the following:
(a)
Minimum display time between display changes shall be 30 seconds. Transition time to next display shall be less than one second.
(b)
Display boards shall not emit sound.
(c)
The display must be turned off at 11:00 p.m. or at the close of business, whichever is later.
(d)
Signs must have photocells that automatically dim in dark conditions in direct correlation to natural ambient light conditions. At no time shall the sign lights be greater than 0.3 footcandle above ambient light conditions.
C.
Business signs shall be permitted as awning/canopy and awning/canopy signs as follows:
(1)
An awning/canopy may display the street address for the building and may also have either one sign along the bottom of the front of the awning/canopy or a sign along the bottom of both sides of the awning/canopy, identifying the establishment located therein, provided that the letters, numbers, characters, logos, etc., of such address and signs do not exceed a height of four inches. The purpose of said additional awning/canopy signage is for pedestrian (not automobile) traffic.
(2)
Instead of the wall sign permitted under § 350-7.4B above, an awning/canopy attached to the building may have a sign of the size that would otherwise be allowed on the building wall itself. Said sign must conform to all other requirements for a wall sign.
(3)
The entire backlit or illuminated area of a lit awning/canopy which has any letter or symbols anywhere on the canopy shall be considered a wall sign and must conform to the size and location requirements of wall signs. Illumination shall be in conformance with § 350-12.2.
(4)
Awnings/Canopies overhanging a public right-of-way must also be approved by the Department of Public Works.
D.
Business signs shall be permitted as ground signs as stipulated below. If ground signs contain dynamic displays, such signs must comply with Subsection B(6)above. Informational boards may emit sound only if such boards are used as accessory to drive-through sales and service establishments and if they are not directed/oriented to the street. Such boards are not considered ground signs under these provisions.
(1)
In the HB or M District, one ground sign for each lot, provided that:
(a)
It shall not exceed 100 square feet in surface area on any one side; and
(b)
It shall be set back at least 15 feet from any street lot line; and
(c)
It shall not rise to more than 15 feet from the ground or sidewalk to the top of the sign; and
(d)
It shall not have more than two sign faces.
(e)
Ground signs shall be located on the same lot as the structure or establishment being advertised.
(2)
Where a single lot is occupied by more than one business, whether in the same structure or not, there shall not be more than one ground sign per lot.
(3)
In particular instances, upon review by Office of Planning and Sustainability staff, sign site plan approval for one ground sign, in addition to the wall sign(s) permitted in § 350-7.4B above, for each lot frontage of each lot in the Neighborhood Business (NB), General Business (GB), and Central Business (CB) Districts may be granted, provided that:
(a)
Sufficient evidence is presented to show that the structure, the orientation of the structure, the location or setback of the structure, or the location of establishments in the structure, especially affecting such structure or establishment, but not generally affecting the zoning district in which it is located, which restrict the visibility of wall sign(s) otherwise allowed by this chapter.
(b)
Said ground sign shall be located on the same lot as the structure or establishment being advertised.
(c)
Said ground sign shall not exceed a height of 10 feet, nor have a surface area greater than 80 square feet in the Central Business Districts, GB District or greater than 20 square feet in the NB District. Illuminated signs that meet ordinance shall be turned off within half an hour of close of business. Any applicant seeking a larger sign than specified above or any applicant denied a permit may apply for a special permit to the Zoning Board of Appeals in accordance with standard application procedures.
E.
Business signs shall be permitted as a two-sided projecting blade sign (i.e., small signs that project perpendicular to the building) as follows:
(1)
There shall only be one blade sign per business. If there is more than one business in the same building, there may not be more than one sign per 20 feet of frontage on the same building.
(2)
Only businesses on the first floor of a building may have a blade sign.
(3)
The sign may not project more than three feet from the facade of a building.
(4)
The sign may not exceed six square feet of total surface area per sign.
(5)
The sign may not exceed two inches in width.
(6)
The bottom of the sign shall not be less than nine feet and the top of the sign shall not be more than 15 feet in height, both measured above the sidewalk.
(7)
The sign shall not be internally lit.
(8)
Blade signs shall be located on the same lot as the structure or establishment being advertised.
F.
Temporary outdoor signs shall be permitted as follows:
(1)
One temporary banner of no more than 25 square feet on a property for retail, service and restaurant uses in the Highway Business District for a period not to exceed 30 days per year.
(2)
One temporary banner of no more than 25 square feet on a property for new retail, service or restaurant uses in the Central Business, Entranceway Business and General Business Districts for a period not to exceed 30 days.
§ 350-7.5 Signs permitted in any I and PV Districts.
In all I, BP and PV Districts, the following exterior signs, and no others, are permitted:
B.
Business signs shall be permitted as follows:
(1)
In all GI Districts not more than two wall signs total for each building, one sign for each front or side wall area, provided that each sign:
(a)
Shall not project horizontally more than 12 inches from the wall of the building;
(b)
The surface area of each sign shall not aggregate more than 7 1/2% of the wall area of the floor on which it is displayed;
(c)
If lighted, it shall comply with lighting standards in § 350-7.4B(6), whether dynamic or static.
(2)
In all OI Districts, one wall sign shall be permitted, subject to the regulations set forth in § 350-7.4 above.
(3)
In all OI and GI Districts, one ground sign for each building, provided that:
(a)
It shall not exceed 100 square feet in surface area;
(b)
It shall be set back at least 15 feet from any street lot line;
(c)
It shall be erected so that no portion of it is over 15 feet in an I or BP District and over 10 feet in a PV District above the ground or sidewalk; and
(d)
If lighted, it shall comply with lighting standards in § 350-7.4B(6), whether dynamic or static display.
(4)
In all PV Districts, for each building either up to two wall signs, as described in Subsection B(1)above, or one ground sign, as described in Subsection B(3)above.
(5)
For GI and PV Districts where a number of individually owned parcels are developed as a single collective entity (i.e., an industrial or planned village), the Planning Board may grant a special permit permitting one additional ground sign for each entrance to the development (not to a specific building) off of a collector street identifying the collective entity and/or the individual businesses located therein. Said sign must conform to all of the requirements for ground signs contained in Subsection B(3)above.
§ 350-7.6 Nonconforming accessory signs.
Preexisting nonconforming accessory signs may not be changed, extended or altered unless the change brings the sign into conformity with the provisions of this chapter or unless said change is limited to changing the sign letters or symbols and/or changing panels and does not alter the structure of the sign itself. The following preexisting nonconforming signs, however, may be changed, extended or altered if there is a finding by the Zoning Board of Appeals that such change, extension or alteration will not be substantially more detrimental than the existing nonconforming sign to the neighborhood, and provided that such change, extension or alteration will not make the sign any more nonconforming than it now is (i.e., higher, taller, bigger, closer, etc.):
§ 350-7.7 Nonconforming, nonaccessory (general advertising) signs.
All nonconforming, nonaccessory signs in existence and lawfully erected before the adoption of this chapter may continue to be maintained, notwithstanding anything to the contrary in this § 350-7; provided, however, that no proposed new nonaccessory sign shall be permitted in any district from and after the adoption of this chapter, nor may existing nonaccessory sign panels be reconstructed to add, modify, convert to LED or other electronic sign technology.
§ 350-7.8 Permit required; fees.
No sign shall be erected, altered or enlarged until a permit has been issued by the Building Commissioner. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this chapter. The permit and/or permit number shall be affixed to the sign in the manner prescribed by the Building Commissioner. A schedule of fees for such permits may be determined from time to time by the City Council. The provisions of this section shall not apply to signs permitted in a residential area nor to temporary signs allowed under the provisions of § 350-7.2 of this chapter.
§ 350-7.9 Stationary sandwich board signs.
Stationary off-premises sandwich board signs (intended for pedestrian orientation) are permitted in the Central Business Districts (CBc, CBs, CBg), Florence Village-Center (FVc), Florence Village-General (FVg), General Business (GB) District and Neighborhood Business (NB) District for restaurants and retail business establishments in those districts. All sandwich board signs must receive a permit from the Northampton Board of Public Works in accordance with the provisions of §§ 264-2 and 264-3 of the Code of Ordinances for the City of Northampton.