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Palmer City Zoning Code

ARTICLE XVII

Signs

§ 171-80 General and district regulations; nonconforming signs; permits and fees.

A. 
General sign regulations.
(1) 
Any traffic, informational or directional sign owned and installed by a governmental agency shall be permitted with the approval of the Town Manager.
[Amended 3-7-2007 by Ord. No. 2007-07]
(2) 
A sign (including temporary interior window displays) 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, all signs of the traveling-light or animated type, and all beacons and flashing devices are prohibited; except such portions of a sign as consist solely of indicators of time and/or temperature or automatically changing messages shall be permitted by the Building Inspector, who shall seek the advice of the Planning Board and Chief of Police to determine that the sign is not a hazard to traffic and pedestrian safety. All illumination of signs must be so arranged as to prevent glare onto any portion of any public way or into any residential area.
(3) 
No more than one sign shall be allowed for any one establishment in the R District.
(4) 
The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and directions of residents, employees, customers and visitors (whether in a vehicle or on foot) of the business, industry, or residence. Such signs may carry the name of the business or project, provided that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Said name is clearly secondary in nature to the primary directional function of the sign.
(b) 
Said name is no greater than 1/2 the size of the directional message.
(c) 
Said sign may not exceed a maximum size of six square feet.
(d) 
Said sign may not be any higher (top of sign) than four feet from the ground.
(e) 
Said sign shall be limited to one such directional sign per curb cut.
(f) 
Said sign, if lighted, shall be illuminated internally or by indirect method with white light only.
(5) 
No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the district in which the sign is located. The top of a sign, together with any supporting framework, shall not extend above the roofline. In the case of a building with a pitched roof, the eave line of the building shall be considered the roofline.
(6) 
The supporting members for any pole sign, projecting sign or any other sign shall be in acceptable proportion to the size of the sign.
(7) 
No sign shall be erected so as to obstruct any door, window or fire escape on a building.
(8) 
At each boundary line of the Town and within a street right-of-way, not more than one sign not exceeding 25 square feet in area indicating the meetings of any Palmer civic organization may be erected, subject to the approval of the commonwealth, if such street is owned and maintained by the commonwealth.
(9) 
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.
(10) 
If lighting is provided, the source of light shall be either from within the sign or shall be exterior to the sign and shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property.
(11) 
In any district, one unlighted temporary sign offering premises for sale or lease for each parcel in one ownership shall be permitted, provided 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.
(12) 
In any district, one unlighted temporary sign for an architect, engineer or contractor, erected during the period such person is performing work on the premises on which such sign is erected, shall be permitted, provided 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.
(13) 
In particular instances, the Planning Board may issue a special permit allowing more than the number of signs herein permitted, or for signs of a larger size or height than herein permitted (but not in a location not ordinarily permitted by this chapter), if it 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. In the granting of such approval, the Planning Board shall specify in the permit the exact sign permitted, the size and location of the sign or signs, and impose such other terms and restrictions as it may deem to be in the public interest and in harmony with the general purpose and intent of this article. Special permits granted under this section are nontransferable (i.e., any change in said signs will require a new or revised special permit).
[Amended 3-7-2007 by Ord. No. 2007-07]
(14) 
The Building Inspector 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.
(15) 
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.
(16) 
For approved residential subdivisions, townhouse, multifamily, and open space developments:
[Amended 5-14-2001 ATM by Art. 29]
(a) 
One ground sign identifying the development, provided:
[1] 
It shall not exceed 12 square feet in surface area, on any one side.
[2] 
It shall be set back at least 15 feet from any street lot line.
[3] 
It shall be located on private property and not within any Town street right-of-way.
[4] 
It shall not rise (top of sign) to more than five feet from the ground or sidewalk.
[5] 
If lighted, it shall be illuminated internally, or by indirect method with white light only.
[6] 
Such a sign shall only be permitted so long as the approved access within the development is not a Town-accepted public way. Once said access has been accepted by the Town Council as a Town right-of-way, said sign shall be removed and a standard Town street sign shall be installed.
[Amended 3-7-2007 by Ord. No. 2007-07]
(17) 
Moving or portable signs, such as those commonly used in conjunction with gasoline or filling station operations and automobile dealers and garage activities, including banners and flags and any sign displayed on a vehicle when such vehicle is being used primarily for the purpose of such display, are prohibited.
[Amended 5-14-2001 ATM by Art. 29]
(18) 
Blimps, hot air balloons and like devices for advertising are prohibited.
(19) 
All signs 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).
(20) 
Signs on public property are prohibited, with the exception of street and highway signs or as may be permitted by the Town Manager.
[Amended 6-24-2002 STM by Art. 2; 3-7-2007 by Ord. No. 2007-07]
B. 
Signs permitted in any R District.
(1) 
In all R Districts, the following exterior accessory signs and no others are permitted:
(a) 
One identification sign for each dwelling unit, provided 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; and it shall not be used other than for identifying the occupancy.
(b) 
Each membership club, funeral establishment, hospital, place of public assembly, community facility or public utility may have one identification sign (not to exceed 10 square feet in surface area). Churches and community facilities that are not places of public assembly may have one additional sign (not to exceed 40 square feet in surface area), provided that such sign(s), if lighted, shall be illuminated internally or by indirect method with white light only, and such signs shall be set back at least 1/2 the required depth of the front yard setback.
(c) 
Tourist homes/bed-and-breakfast facilities may have one identification sign (not to exceed four square feet in surface area), provided that such sign, if lighted, shall be illuminated by indirect method with white light only.
C. 
Applicability. All signs (accessory and nonaccessory) shall comply with the regulations for the erection and construction of signs contained in this chapter and all other applicable regulations. In addition to the provisions of this section, 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 Town of Palmer enacted in accordance with MGL c. 93, § 29.
[Amended 3-7-2007 by Ord. No. 2007-07]
D. 
Signs permitted in any B or V District. In all B and V Districts, the following exterior accessory signs and no others are permitted:
[Amended 5-14-2001 ATM by Art. 29]
(1) 
Signs permitted in Subsection C (R Districts), subject to the same regulations.
(2) 
Business signs shall be permitted as follows:
(a) 
Wall signs.
[1] 
Main (frontage) wall: one wall sign for each establishment in the structure, provided:
[a] 
It shall be attached and parallel to the main (frontage) wall of the building;
[b] 
It shall not project horizontally more than 12 inches therefrom;
[c] 
The surface area shall not be larger than 10% of the total wall area of the facade of one story which is occupied by the establishment or 100 square feet, whichever is less, and said sign must be displayed on said wall area;
[d] 
If lighted, it shall be illuminated internally, or by indirect method with white light only.
[2] 
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.
(b) 
Side wall(s):
[Amended 6-24-2002 STM by Art. 2]
[1] 
One side wall sign for each establishment in the structure for each side wall (that wall facing a non-rear lot line), provided:
[a] 
It shall be attached and parallel to the side wall of the building;
[b] 
It shall not project horizontally more than 12 inches therefrom;
[c] 
The surface area shall not be larger than 25 square feet;
[d] 
If lighted, it shall be illuminated internally, or by indirect method with white light only;
[e] 
Side wall signs are not permitted on side walls which face or abut (within 100 feet) a residential zoning district.
[2] 
Awning/Canopy. The wall sign permitted under this subsection may be placed on an awning/canopy attached to the building instead of being placed on the building wall itself. Such sign must conform to all of the requirements for a wall sign. Said awning/canopy may also display the street address for the building and may also have either: a) one additional sign along the bottom of the front of the awning/canopy; or b) an additional sign along the bottom of each side of the awning/canopy, identifying the establishment located therein, provided the letters, numbers, characters, logos, etc. of such signs do not exceed a height of three inches. The purpose of said additional awning/canopy, signage is for the visibility of pedestrian traffic. The DPW Director must also approve awnings/canopies overhanging a public right-of-way.
[Amended 3-7-2007 by Ord. No. 2007-07]
(c) 
Ground signs
[1] 
HB District: one ground sign for each lot street frontage of a business establishment in the HB District, provided:
[a] 
It shall not exceed 50 square feet in surface area, on any one side.
[b] 
It shall be set back at least 15 feet from any street lot line.
[c] 
It shall not rise to more than 25 feet from the ground or sidewalk.
[d] 
If lighted, it shall be illuminated internally, or by indirect method with white light only.
[e] 
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.
[2] 
In particular instances, the Planning Board may issue a special permit for one ground sign, in addition to wall sign(s) permitted in the subsections above, for each lot frontage of each lot in the Neighborhood Business (NB), General Business (GB) Districts, and any (V) Village Center District, provided that:
[a] 
There must be unique features to 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 section.
[Amended 3-7-2007 by Ord. No. 2007-07]
[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 25 square feet in the GB District or greater than 20 square feet in the NB District or the V District, although the Planning Board may require a lesser height or size.
[Amended 5-14-2001 ATM by Art. 29]
E. 
Signs permitted in the I District.
(1) 
In all I Districts, the following exterior signs, and no others, are permitted:
(a) 
Business signs shall be permitted as follows:
[1] 
In all I Districts not more than two wall signs for each building, provided each sign shall not project horizontally more than 12 inches therefrom; the surface area of each sign shall not aggregate more than 7 1/2% percent of the area of the wall on which it is displayed; and if lighted, each sign shall be illuminated internally or by indirect method with white light only. Not more than one sign shall be attached to any wall.
[2] 
One ground sign for each establishment, provided it shall not exceed 50 square feet in surface area; it shall be set back at least 15 feet from any street lot line; it shall not be erected so that any portion of it is over 15 feet above the ground or sidewalk; and if lighted, it shall be illuminated internally or by indirect method with white light only.
[3] 
One freestanding general identification sign at the entrance to each industrial park in the I District shall be allowed, provided that it does not exceed 50 square feet and shall be in a location as approved by the SPGA.
F. 
Signs in URIP District. All signs in the URIP District must conform to the regulations as stated in Article XI, Urban Renewal Industrial Park District.
G. 
Nonconformance of accessory signs. Preexisting nonconforming accessory signs may not be changed, extended or altered except so as to be in conformity with the provisions of Article XVII of this chapter, except that for preexisting nonconforming retail/ service/ commercial and wholesale/ transportation/ industrial uses located in Residential Districts:
[Amended 3-7-2007 by Ord. No. 2007-07]
(1) 
A preexisting nonconforming accessory sign may be changed, extended or altered if there is a finding by the Planning Board 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.).
H. 
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 Article XVII; provided, however, that no proposed new nonaccessory sign shall be permitted in any district from and after the adoption of this chapter; and furthermore, no existing nonconforming signage shall be enlarged or expanded in any way.
[Amended 3-7-2007 by Ord. No. 2007-07]
I. 
Permit required; fees. No sign shall be erected, altered or enlarged until a permit has been issued by the Building Inspector. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this chapter. A schedule of fees for such permits may be determined from time to time by the Town Manager. A permit must be obtained for signs permitted in residential areas and for temporary signs as allowed under the provisions of Subsection B; however, a fee will not be charged.
[Amended 3-7-2007 by Ord. No. 2007-07]