Norton City Zoning Code
ARTICLE VIII
Signs
§ 175-8.1 Purpose and scope.
A.
Purpose. The purpose of this bylaw shall be to coordinate the type, placement, and physical dimensions of signs within the different land-use zones; to recognize the commercial communications requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate recordkeeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this bylaw.
B.
Scope. This bylaw shall not relate to building design; nor shall the bylaw regulate official traffic or governmental signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays; product dispensers and point-of-purchase displays; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined herein as a sign. Thus, the primary intent of this bylaw shall be to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way.
§ 175-8.2 Definitions.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
ABANDONED SIGN
A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
ANIMATED SIGN
Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare "flashing sign").
AREA
See "sign, area of."
AWNING
A shelter projecting from and supported by the exterior of a building constructed of nonrigid materials on a supporting framework (compare "marquee").
AWNING SIGN
A sign painted on, printed on, or attached flat against the surface of an awning.
BANNER SIGN
A sign made of fabric or any nonrigid material with no enclosing framework.
BILLBOARD
See "off-premises sign."
BUILDING
As defined in Article II, § 175-2.2, of the Norton Zoning Bylaw.
CHANGEABLE COPY SIGN (AUTOMATIC)
A sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic and temperature units.
CHANGEABLE COPY SIGN (MANUAL)
A sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.
CLEARANCE (OF A SIGN)
The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
CONSTRUCTION SIGN
A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
COPY
The wording on a sign surface in either permanent or removable letter form.
DIRECTIONAL/INFORMATION SIGN
An on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking and exit and entrance signs.
DOUBLE-FACED SIGN
A sign with two faces.
ELECTRICAL SIGN
A sign or sign structure in which electrical wiring, connections or fixtures are used.
ELECTRONIC MESSAGE CENTER (EMC)
A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. An EMC may be allowed only upon grant of a special permit from the Planning Board and shall be subject to all of the following standards:
A.
The EMC shall contain messages using only letters, numbers and symbols (as punctuation marks and mathematical symbols) and static images, but shall not contain moving images;
B.
Each message on the EMC sign shall be displayed for a minimum of 10 seconds;
C.
The change of the message shall be accomplished immediately (no dissolve, fade, scrolling or travel of the message);
D.
No more than one EMC shall be allowed per lot;
E.
The maximum size for an electronic message center shall not exceed 16 square feet in area;
F.
Each EMC shall have a default mechanism that freezes the sign in one position if a malfunction occurs;
G.
Notwithstanding any other section of this bylaw, an EMC shall not be lit between the hours of 11:00 p.m. and 6:00 a.m., except as special emergency messages (for example, an Amber Alert, major road hazard, etc.);
H.
Each EMC shall have a light detector which automatically adjusts the brightness according to ambient light conditions;
I.
Each EMC shall contain a brightness regulator which does not allow the sign to register more than 0.3 footcandle over ambient light levels and shall be accompanied by a manufacturer's certification of such compliance.
FACADE
The entire building front, including the parapet.
FACE OF SIGN
The area of a sign on which the copy is placed.
FESTOONS
A string of ribbons, tinsel, small flags, or pinwheels.
FLASHING SIGN
A sign which contains an intermittent or sequential flashing light source used primarily to attract attention; does not include changeable copy signs, or signs which, through reflection or other means, create an illusion of flashing of intermittent light (compare "animated sign," "changeable copy sign").
FREESTANDING SIGN
A sign supported upon the ground by poles or braces and not attached to any building.
FRONTAGE
The length of the property line of any one premises along a public right-of-way on which it borders.
FRONTAGE, BUILDING
The length of an outside building wall on a public right-of-way.
GOVERNMENT SIGN
Any temporary or permanent sign erected and maintained by the Town, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
HEIGHT (OF A SIGN)
The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare "clearance").
IDENTIFICATION SIGN
A sign whose copy is limited to the name and address of a building, institution, or a person and/or to the activity or occupation being identified.
ILLEGAL SIGN
A sign which does not meet the requirements of this code and which has not received legal nonconforming status.
ILLUMINATED SIGN
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
INCIDENTAL SIGN
A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
LOT
A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.
MAINTENANCE
The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design or structure of the sign.
MANSARD
A sloped roof or roof-like facade architecturally comparable to a building wall.
MARQUEE
A permanent roof-like structure or canopy of rigid materials supported by extending from the facade of a building (compare "awning").
MARQUEE SIGN
Any sign attached to or supported by a marquee structure.
NAMEPLATE
A nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
NONCONFORMING SIGN
A.
A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
B.
A sign which does not conform to the sign code but for which a special permit has been issued.
OCCUPANCY
The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
OFF-PREMISES SIGN
A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising."
ON-PREMISES SIGN
A sign which pertains to the use of the premise on which it is located.
OWNER
A person recorded as such on official records. For the purposes of this bylaw, the owner of the property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Inspector, e.g., a sign leased from a sign company.
PAINTED WALL SIGN
Any sign which is applied with paint or similar substance on the face of a wall.
PARAPET
The extension of a false front or wall above a roofline.
PERSON
Any individual, corporation, association, firm, partnership, or similarly defined interest.
POINT-OF-PURCHASE DISPLAY
Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
POLE COVER
Covers enclosing or decorating poles or other structural supports of a sign.
POLITICAL SIGN
A temporary sign used in connection with a local, state, or national election or referendum.
PORTABLE SIGN
Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, not to include banner signs (see definition of "banner sign").
PREMISES
A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PROJECTING SIGN
A sign, other than a flat wall sign, which is attached to and projects from a building or wall or other structure not specifically designed to support the sign.
REAL ESTATE SIGN
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
ROOFLINE
The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
ROOF SIGN
Any sign erected over or on the roof of a building (compare "mansard," "wall signs").
ROTATING SIGN
A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
SIGN
Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services (compare § 175-8.1B).
SIGN, AREA OF
A.
Projecting and freestanding. The area of a freestanding or projecting sign shall have only one face (the largest one) of any doubled-faced or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if composed of one or two individual cabinets:
(1)
The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine the total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.
(2)
If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.
B.
Wall signs. The area shall be within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.
SNIPE SIGN
A temporary sign or poster affixed to a tree, fence, etc.
SUBDIVISION IDENTIFICATION SIGN
A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
TEMPORARY SIGN
A sign not constructed or intended for long-term use.
TOWN
Unless the context clearly discloses a contrary intent, the word "Town" shall mean the Town of Norton.
UNDER-CANOPY SIGN
A sign suspended beneath a canopy, ceiling, roof or marquee.
USE
The purpose for which a building, lot, sign, or structure is designed, occupied or maintained.
WALL SIGN
A sign attached parallel to and extending not more than 18 inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
WINDOW SIGN
A sign installed inside a window and intended to be viewed from the outside.
§ 175-8.3 General provisions.
It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the Town of Norton except in accordance with the provisions of this bylaw.
A.
Signs prohibited. The following types of signs are prohibited in all districts:
(1)
Abandoned signs.
(2)
Any sign which, by reason of its location, shape, size, or color, will interfere with traffic signs, signals, or markings.
(3)
Signs imitating or resembling official traffic or government signs or signals.
(4)
Flashing or animated signs.
(5)
Semi-tractor trailers left abandoned.
B.
Permits required. Unless otherwise provided by this bylaw, all signs shall require permits and payment of fees as described in § 175-11.3 of this bylaw. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.
C.
Signs not requiring permits. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this bylaw:
(1)
Signs used by churches, synagogues, or civic organizations.
(2)
Construction signs of 32 square feet or less.
(3)
Directional/Information signs of six square feet or less.
(4)
Holiday or special event decorations.
(5)
Nameplates of six square feet or less.
(6)
Political signs.
(7)
Public signs or notices, or any sign relating to an emergency.
(8)
Real estate signs.
(9)
Window signs.
(10)
Incidental signs.
(11)
Banner signs (as allowed in § 175-8.4C).
(12)
Festoons.
D.
Maintenance. All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Building Inspector shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated.
E.
Lighting. Unless otherwise specified by this bylaw, all signs may be illuminated. The following illumination standards shall apply:
(1)
No person may erect a sign which flashes, rotates, has motorized moving parts, or utilizes a revolving beacon light.
(2)
No sign shall be directly or indirectly illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.
(3)
No person may erect a sign that constitutes a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.
(4)
Signs shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare.
(5)
Illuminated signs shall not be permitted to shine onto residential properties and traveled ways.
F.
Changeable copy. Unless otherwise specified by this bylaw, any sign herein allowed may use manual or automatic changeable copy.
G.
Indemnification and insurance.
(1)
All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as this bylaw has not specifically directed the placement of a sign.
(2)
All persons involved in the maintenance, installation, alteration, or relocation of signs on a commercial basis shall maintain all required insurance against any form of liability to a minimum of $100,000.
§ 175-8.4 Regulation of on-premises signs by zone.
A.
Signs permitted in all zones. The following signs are allowed in all zones:
(1)
All signs not requiring permits (§ 175-8.3C).
(2)
One construction sign for each street frontage of a construction project, not to exceed six square feet in sign area in residential zones or 32 square feet in sign area in all other zones. Such signs may be erected 15 days prior to beginning of construction and shall be removed 30 days following completion of construction.
(3)
Two nonilluminated real estate signs per lot or premises, not to exceed six square feet in sign area. Signs must be removed 30 days following sale, rental, or lease.
(4)
Two attached nameplates per occupancy, not to exceed one square foot in sign area per sign.
(5)
Political signs shall not exceed six square feet each in sign area and shall be removed 10 days following such election or referendum. Political signs may be placed only on private property and only with the permission of the property owner.
(6)
Directional/Information signs not to exceed three square feet in sign area or 10 feet in height.
(7)
Temporary signs, banners, and decorations (excluding portable signs) for special events, grand openings or holidays. Such signs, banners, or decorations may be erected 30 days prior to a special event or holiday and shall be removed 10 days following the event or holiday. For grand openings, such signs may be used for no more than 30 days.
(8)
Off-premises signs.
[Amended 5-15-2019 ATM by Art. 19]
(a)
Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except the following may be allowed: (1) that an off-premises directional sign designating the route to an establishment not on the street to which the sign is oriented may be erected and maintained within the public right-of-way at any intersection or on private property if granted a special permit by the Board of Appeals, and (2) digital/electronic billboards in the Industrial Zoning District if granted a special permit under § 175-8.4D(2) by the Planning Board.
(b)
No directional sign shall be authorized except upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure. All such directional signs shall be unlighted and each shall be not over four square feet in area.
B.
Signs permitted in residential zones. Signs are allowed as follows in residential zones:
(1)
All signs as permitted in Subsection A.
(2)
Two subdivision identification signs per neighborhood, subdivision, or development, not to exceed 20 square feet each in sign area.
C.
Signs permitted in residential zones. Signs are allowed as follows in residential zones:
(1)
All signs as permitted in Subsections A and B.
(2)
One freestanding sign per lot, not to exceed one square foot in sign area for each linear foot of street frontage up to the maximum of 12 square feet.
D.
Signs permitted in Village Commercial, Commercial and Industrial Zones. Signs are allowed as follows in Commercial and Industrial Zones:
(1)
All signs permitted in Subsections A and B.
(2)
Freestanding signs.
(a)
In the Village Commercial Zoning District, one freestanding sign per street frontage, not to exceed 10 feet in height and 32 square feet in sign area, is allowed per 120 feet of street frontage or fraction thereof. A second freestanding sign of the same height and area is allowed if the lot exceeds 240 feet of street frontage. No more than two freestanding signs are allowed per lot.
(b)
In the Commercial Zoning District, one freestanding sign per street frontage, not to exceed 12 feet in height and 48 square feet in sign area, is allowed per 120 feet of street frontage or fraction thereof. A second freestanding sign of the same height and area is allowed if the lot exceeds 240 feet of street frontage. No more than two freestanding signs are allowed per lot.
(c)
In the Industrial Zoning District, one freestanding sign per street frontage, not to exceed 12 feet in height and 48 square feet in sign area, is allowed per 150 feet of street frontage or fraction thereof. A second freestanding sign of the same height and area is allowed if the lot exceeds 300 feet of street frontage. No more than two freestanding signs are allowed per lot.
(d)
In the Industrial Zoning District, digital/electronic billboards may be erected and maintained if granted a special permit by the Planning Board, provided that it shall not exceed more than 90 feet in height and shall not exceed a fourteen-foot-by-forty-eight-foot face area. A digital/electronic billboard shall not be erected except on a lot with conforming lot area and frontage or on any other lot with at least 10,000 square feet of vacant lot area and 150 feet of frontage and must be erected within 2,000 feet of Interstate 495. No digital/electronic billboard shall be located within 1,000 feet of a residential structure. A digital/electronic billboard visible to a major artery/highway shall contain the name and address of the user of the property. No digital/electronic billboard shall be erected within 1,000 linear feet of another. No digital/electronic billboard shall be erected if the special permit granting authority determines that it will obstruct a view of scenic beauty and interest or a place of historic interest; nor shall a digital/electronic billboard be erected if the special permit granting authority determines that it will not be in harmony with or suitable for the surrounding area or would do significant damage to the visual environment. No billboard shall be located upon another structure. The Planning Board may only issue a special permit upon a finding that the billboard shall not endanger the public safety or be detrimental to the neighborhood or constitute a nuisance to any abutting uses or to any nearby residential uses by virtue of its size, dimension, location, design, construction, illumination, or visibility, that sufficient utilities, servicing and maintenance of the billboard can be provided, and that adequate provisions, by way of security, are provided in the event that the billboard is decommissioned so that its removal is ensured and timely.
(3)
One wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the occupancy's building frontage, up to a maximum of 72 square feet or 15% of the frontal area, whichever is smaller.
(4)
One awning or marquee sign per occupancy, not to exceed 15% of the surface area of the awning or marquee.
(5)
Two under-canopy signs per occupancy, not to exceed 10 square feet in sign area.
(6)
Incidental signs, not to exceed 20 square feet in aggregate sign area per occupancy.
(7)
Two banner signs per occupancy, not to exceed 50 square feet in aggregate area.
(8)
One portable sign per lot, conforming to the size and setback requirements pertaining to freestanding signs as defined in this section. Such signs may be displayed four times per year for periods not to exceed four weeks per period. The total number of days the sign is displayed may not exceed 56 days per year.
(9)
Where occupancy is on a corner or has more than one main street frontage, one wall sign and one additional freestanding sign will be allowed on the additional frontage, not to exceed the size of other allowed wall and freestanding signs.
(10)
Freestanding and under-canopy, awning, and marquee signs shall have a setback of 10 feet from any vehicular public right-of-way and a minimum clearance of 15 feet over any vehicular use area and 10 feet over any pedestrian use area.
§ 175-8.5 Nonconforming signs.
A.
Determination of legal nonconformity. Existing signs which do not conform to the specific provisions of the bylaw may be eligible for the designation "legal nonconforming," provided that:
(1)
The Building Inspector determines that such signs are properly maintained and do not in any way endanger the public.
(2)
The sign was properly covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this bylaw or any amendment thereto rendering the sign nonconforming.
B.
Loss of legal nonconformity status. A legal nonconforming sign may lose this designation if:
(1)
The sign is relocated or replaced.
(2)
The structure or size of the sign is altered in any way except towards compliance with the bylaw. This does not refer to change of copy or normal maintenance.
C.
Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance, and repair. However, if the sign suffers more than 50% appraised damage or deterioration, it must be brought into compliance with this code or removed.
§ 175-8.6 Construction specifications.
A.
Compliance with building and electrical codes. All signs shall be constructed in accordance with all requirements of the State Building Code and the National Electrical Code.
B.
Anchoring.
(1)
No sign shall be suspended by nonrigid attachments that will allow the sign to swing in a wind.
(2)
All freestanding signs of a permanent nature shall have self-supporting structures erected on or permanently attached to concrete foundations.
(3)
All portable signs on display shall be braced or secured to prevent motion.
C.
Additional construction specifications.
(1)
No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening as a means of egress.
(2)
No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except for signs that may be erected in front of and may cover transom windows when not in violation of the provisions of the Massachusetts Building or Fire Prevention Codes.
(3)
Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 60 inches horizontally or vertically to any conductor or public utility guy wire.