It is the purpose of this ordinance to place such limitations on the display of all such signs as will assure the following goals are met:

A.

To encourage the effective use of signs as a means of communication in Peabody;

B.

To maintain and enhance the aesthetic environment and Peabody's ability to attract sources of economic development and growth;

C.

To improve pedestrian and traffic safety;

D.

To minimize the possible adverse effect of signs on nearby public and private property; and

E.

To enable the fair and consistent enforcement of these sign restrictions;

F.

That the design of the sign respect and be compatible with the architecture of the building, surrounding buildings, and the general character of the surrounding neighborhood;

G.

That signs will be adequate, but not excessive for the intended purpose of identification, protection or advertisement.

Any sign placed on land or on a building for the purposes of identification or protection of the same or for advertising a use conducted thereon shall be deemed to be accessory and incidental to such land, building or use.

With respect to signs advertising business uses, such regulations have been devised after considering, among other matters, shopping habits, extent of trade area, and means of access to such uses.

A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. The effect of this ordinance as more specifically set forth herein, is:

A.

To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this ordinance;

B.

To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits;

C.

To prohibit all signs not expressly permitted by this ordinance; and

D.

To provide for the enforcement of the provisions of this ordinance.

Signs placed or erected by governmental agencies on the premises of governmental property and uses shall be included herein. However, this section shall be used as a guide in the placement or erection of any governmental agency signs. This section shall be subject to all sign ordinances.

The following principles shall control the calculation of sign area and sign height.

11.3.1 Calculation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be calculated by the area contained entirely within the smallest square, circle, triangle or rectangle which completely encloses the outer extremities of all graphic material of a sign. This does not include any supporting framework or bracing.

11.3.2 Calculation of height. The height of a sign shall be calculated as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of the public street along which the lot has frontage or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

11.3.3 Calculation of area of façade. The area of a façade shall be calculated by means of the smallest rectangle that will encompass the extreme limits of the wall behind which the business or establishment is located.

All signs must meet the following restrictions regardless of zoning district.

11.4.1 Sign location. Signs shall be located so as not to detract from a building's architecture. A sign shall not be placed such that it covers the view of architectural elements such as cornices, columns, arches, details, or other such building features or ornamentation. Signs may not extend above the building's roofline and/or the wall upon which the sign is located, and may not exceed maximum sign height. A business' wall sign may only be placed on the building in which the advertised business resides.

11.4.2 Style and design of sign. Lettering, shape, and color employed in a sign shall be compatible with the form, color, and materials of the building that the sign identifies. ^[3] Letters shall be carefully formed and properly spaced, to be neat and uncluttered. This section shall be used as a guide.

11.4.3 Signs for different businesses. Signs for different businesses within the same building, or for a collection of buildings that form a retail, commercial, or industrial center, shall be of similar style and design, but not necessarily the same color scheme.

11.4.4 Sign message. A sign's message should clearly and simply identify a business. A sign should include lettering and symbols to indicate such primary information as name, function and/or the address of a business. If space permits, secondary information may be included in the sign message. Secondary information may include but is not limited to: service or facility conducted on the premises, the year the business was established, a slogan, hours of operation, website address, and time and temperature, provided that the sign meets all requirements provided in this section.

11.4.5 Trademark. The use of pictorial symbols or logos is encouraged. However trademarks may occupy no more than 30% of the area of a sign, unless sale of the specific product is the major business conducted on the premises, in which case 100% of the sign can be occupied by the trademark.

11.4.6 Illumination. Signs may be illuminated either internally through the use of some sort of translucent materials with lights behind or with neon tubing or externally through mounting of incandescent or fluorescent lamps on the building directed at the sign, provided that the type of illumination employed does not distract from the building's architecture and that the sign is not one specifically prohibited by section 11.8. Colored lighting, open flame, or bare bulbs shall not be used. All lighted signs shall be lighted by continuous light and contain a factory-applied label supplied to the manufacturer and controlled by an approved testing agency.

11.4.7 Nonconforming signs. Any nonconforming temporary or permanent sign may continue as nonconforming until such time as the sign is altered in any way. However, upon change of use, removal, or closing of any commercial or industrial use, any nonconforming sign existing related to that use, either on the premises or off, shall be eliminated and new signs erected by a succeeding use shall be conforming.

11.4.8 Electronic message board signs. All electronic message board signs, whether free standing or wall mounted, shall be approved by Special Permit.

(Amended 9-12-2013)

11.5.1 Signs permitted in any BC, GB, GBD or BN or BN2 district.

A.

Wall sign: Two permanent wall signs not to exceed ten percent of the area of the wall to which such signs are attached, but not to exceed 60 square feet, are permitted for a ground floor use's primary and secondary façades, provided that such facades face a public way or parking lot. The sign shall be placed in the building's sign band, if one exists and the sign shall be placed so it does not obscure architectural detail of the building. The top of such sign shall be placed no higher than whichever of the following is lowest: 25 feet above grade; bottom of the sills of the first level of windows above the first story; or the height of the building line. The letters in the sign shall not be larger than 2½ feet high. In the BN district, signs shall not project more than 15 inches out from the building.

Mounting hardware shall be placed to minimize its view from the sidewalk. If architectural detail of the building necessitates, the sign may be broken up into two (2) pieces provided that the sign is still within the sign band and the total area of the two signs does not exceed the maximum allowable of 10% of the wall face.

B.

In the BC district, one hanging sign is allowed in lieu of a wall sign.

1.

Size: Sign face shall not exceed ten sq. ft.

2.

Projection: Shall project not more than four feet eight inches or two-thirds the width of the sidewalk, whichever is less.

3.

Clearance: Minimum ten feet and maximum fifteen clear space between the bottom of the sign and the ground. The top of the sign shall be suspended in line with one of the following:

a.

Suspended between the bottom sills of the second story windows and the top of the doors and windows of the ground floor; or

b.

The lowest point of the roof of a one-story building.

4.

Signs that project from the building are to be designed in such a way that they are compatible with the historic nature of downtown Peabody (e.g. wooden "antique-style" signs). These projecting signs must have mounting hardware approved by the building inspector.

5.

Sign materials in the BC district for hanging signs: Traditional-looking materials such as wood, brass, bronze, or others are encouraged, as they are most appropriate. Wooden signs should be constructed of dense wood that will accept paint readily.

C.

Freestanding sign: No freestanding sign shall be permitted in the BC, BN, BN2, GB, GBD district except in cases where a building is set back greater than 30 feet from the property line on its street side. In such cases, one freestanding sign up to 40 square feet in area whose top is no higher than 12 feet in height shall be permitted, provided that the sign has no more than two faces, that letters in the sign are no larger than 2½ feet high, the sign is placed such that it does not overhang any public way, and the sign is no more than 20 inches deep. If the building has more than one use, or if several buildings are grouped together into a shopping center, then only one freestanding sign structure is allowed for the building or combination of buildings and their signs must be clustered into one integrated sign no greater than 60 square feet in area. The individual signs shall be of similar style and design.

D.

Permanent window signs:

1.

Upper floor uses: One sign is permitted per window and a maximum of two window signs per use for businesses on upper floors provided that the sign(s) do not exceed 30% of the area of any window.

2.

Ground floor uses: Any number of window signs are permitted for ground floor uses provided they do not cover any more than 30% of any window.

E.

Awning signs: One awning sign is permitted per ground floor use, or a maximum of two awning signs are permitted per ground floor use provided that there are no other wall signs on the building. Awning signs must be located on the vertical face of the awning, the letters must be in a maximum of two lines and may be no larger than sixteen (16) inches in height, and the area of the sign (the letters and/or logo) must not exceed the area allowed for a wall sign in this district.

F.

Temporary signs: Temporary signs (banners, window signs, and A-frames and the like), pertaining to special sales or events are permitted provided that the signs are located on private property, for a duration of no longer than 30 days. Each temporary sign requires a permit from the building inspector. No more than four such permits per calendar year will be issued to any business. The area of banners must conform to the same dimensional requirements as those for permanent wall signs. A-frames, pole signs and the like may not exceed nine square feet in area. The total area of window signs, temporary and permanent, may not exceed 30% of any window.

G.

Sandwich boards: Signs displayed during business hours only, such as those which are removed every evening and displayed again the following day, constitute an on-going advertising format and shall be construed as being permanent signs rather than temporary signs. Each of these signs requires a permit from the Building Inspector. These signs must not obstruct the flow of pedestrian traffic on the sidewalk or obstruct access to any other use. The date when such sign was first displayed shall be affixed to the sign so as to be readily seen. These signs shall be freestanding and the total sign area may not exceed nine square feet.

H.

Gasoline filling stations: In addition to gasoline filling station price signs specified in section 11.5.1.H and pump signs, a maximum of three permanent signs (i.e. freestanding, wall, canopy) are permitted on the premises of any gasoline filling station in any combination, provided that such signs meet the dimensional requirements of this section and the number of freestanding signs does not exceed one sign.

I.

Gasoline filling station price signs: In addition to signs specified in section 11.5.1.G and pump signs, Gasoline filling stations are also permitted one sign not to exceed 25 square feet in size for the purpose of identifying to motorists passing by the price(s) of gasoline. The sign can have a maximum of two faces and can be mounted to the station's freestanding sign if it has one.

(Amended 9-12-2013)

11.5.2 Signs permitted in any BR district.

A.

Wall sign: Two permanent wall signs not to exceed 20% of the area of the wall face to which such signs are attached, but not to exceed 75 square feet, are permitted for a ground floor use's primary and secondary façades, provided that such façades face a public way or parking lot. The sign shall be placed in the building's sign band, if one exists and the sign shall be placed so it does not obscure architectural detail of the building.

The sign shall project no more than 15 inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. If architectural detail of the building necessitates, the sign may be broken up into two pieces provided that the sign is still within the sign band and the total area of the two signs does not exceed the maximum allowable or 20% of the wall face. Theatres are permitted a bonus of 50 square feet for a marquee sign that allows for interchangeable message.

B.

Freestanding sign: One freestanding sign up to 100 square feet in area whose top is no higher than 25 feet above the ground shall be permitted provided that the sign has no more than two faces, the sign pole is placed a minimum of five feet from the public way, the sign does not overhang any public way, and is no more than 20 inches deep. If the building has more than one use, or if several buildings are grouped together into a shopping center, then only one freestanding sign structure is allowed for the building or combination of buildings and their signs must be clustered into one integrated sign no greater than 65 square feet.

1.

Any sign that identifies three or more uses (cluster sign) may, if it meets the other requirements of this Section, employ a sign size bonus of:

2.

So long as the sign identifies the uses as one entity (e.g. "Route One Plaza").

3.

A message board sign for an electronic message board sign, such as those announcing special events or sales, is permitted as part of the design of the freestanding sign, provided the sign size, including the message board, does not exceed the maximum allowed. The individual signs shall be of similar style and design. Electronic message board signs shall not exceed thirty (30) percent of the base sign area. The message on the electronic message board sign shall not scroll or flash and shall alternate on not less than a fifteen-second cycle. The messaging shall be limited to advertising services offered at the site after business hours of operation. Lighting of the sign will be subject to ambient adjustments and shall provide for an automatic dimming apparatus. No advertising for any business not located upon the premises shall be conducted, with the only exception being if the sign is utilized as part of Peabody public services announcement program. No change in the message shall constitute a public safety or traffic hazard in the judgment of the building inspector.

4.

In determination of the size permitted for a theatre complex freestanding sign, each theatre will be counted as one business.

C.

Permanent window sign.

1.

Upper floor uses: One sign is permitted per window and a maximum of two window signs per commercial or retail use located on the upper floors provided that the sign(s) do not exceed 30% of the area of any window.

2.

Ground floor uses: Any number of window signs is permitted for uses located on the ground floor provided they do not cover more than 30% of any window.

D.

Awning sign: One awning sign is permitted for each use located on the ground floor, or a maximum of two awning signs are permitted per use located on the ground floor, provided that there are no wall signs on the building. Awning signs must be located on the vertical face of the awning, the letters must be in a maximum of two lines and may be no larger than 16 inches in height, and the area of the sign (the letters and/or logo) must not exceed the area allowed for a wall sign in this district.

E.

Temporary sign: Temporary signs (banners, window signs, and sandwich boards and the like), pertaining to special sales or events are permitted provided that the signs are located on private property, for a duration of no longer than 30 days. Each temporary sign requires a permit from the building inspector. No more than six such permits per calendar year will be issued to any single use. The area of banners must conform to the same dimensional requirements as those for permanent wall signs. Sandwich boards, pole signs and the like may not exceed nine square feet in area. The total area of window signs, temporary and permanent, may not exceed 30% of any window.

F.

Sandwich board: Signs displayed during business hours only, such as those which are removed every evening and displayed again the following day, constitute an on-going advertising format and shall be construed as being permanent signs rather than temporary signs. Each of these signs requires a permit from the Building Inspector. These signs must not obstruct the flow of pedestrian traffic on the sidewalk or obstruct access to any other use. The date when such sign was first displayed shall be affixed to the sign so as to be readily seen. These signs shall be freestanding and the total sign area may not exceed nine square feet.

G.

Gasoline filling stations: In addition to gasoline filling station price signs specified in this section and pump signs, a maximum of three permanent signs (i.e. freestanding, wall, canopy) are permitted on the premises of any gasoline filling station in any combination, provided that such signs meet the dimensional requirements of this section and the number of freestanding signs does not exceed one sign.

H.

Gasoline filling station price sign: In addition to signs specified in this section and pump signs, gasoline filling stations are also permitted one sign not to exceed 25 square feet in size for the purpose of identifying to motorists passing by the price(s) of gasoline. The sign can have a maximum of two faces and can be mounted to the station's freestanding sign if it has one.

(Amended 9-12-2013)

11.5.3 Signs permitted in the IL district.

A.

Wall sign: Two permanent wall signs not to exceed ten percent of the area of the wall face to which such signs are attached, but not to exceed 60 square feet, are permitted for a ground floor use's primary and secondary façades, provided that such facades face a public way or parking lot. The sign must be placed in the building's sign band, if one exists and the sign must be placed so it does not obscure architectural detail of the building. The letters in the sign shall not be larger than two and one-half 2½ feet high.

Mounting hardware shall be placed to minimize its view from the sidewalk. If architectural detail of the building necessitates, the sign may be broken up into two pieces provided that the sign is still within the sign band and the total area of the two signs does not exceed the maximum allowable of ten percent of the wall face.

B.

Freestanding sign: No freestanding sign shall be permitted in the IL district except in cases where a building is set back greater than 30 feet or greater from the property line on its street side. In such cases one freestanding sign up to 40 square feet in area whose top is no higher than 12 feet in height shall be permitted provided that the sign has no more than two faces, that letters in the sign are no larger than 2½ feet high, the sign is placed such that it does not overhang any public way, and the sign is no more than 20 inches deep.

If the building has more than one use, or if several buildings are grouped together into a shopping center, then only one freestanding sign structure is allowed for the building or combination of buildings and their signs must be clustered into one integrated sign no greater than 60 square feet. The individual signs shall be of similar style and design.

C.

Permanent window sign.

1.

Upper floor uses: One sign is permitted per window and a maximum of two window signs per use located on the upper floors provided that the sign(s) do not exceed 30% of the area of any window.

2.

Ground floor uses: Any number of window signs are permitted for uses located on the ground floor provided they do not cover any more than 30% of any window.

D.

Awning sign: One awning sign is permitted per use located on the ground floor, or a maximum of two awning signs are permitted per use located on the ground floor provided that there are no wall signs on the building. Awning signs must be located on the vertical face of the awning, the letters must be in a maximum of two lines and may be no larger than 16 inches in height, and the area of the sign (the letters and/or logo) must not exceed the area allowed for a wall sign in this district.

E.

Temporary sign: Temporary signs (banners, window signs, and sandwich boards and the like), pertaining to special sales or events are permitted provided that the signs are located on private property, for a duration of no longer than 30 days. Each temporary sign requires a permit from the building inspector. No more than four such permits per calendar year will be issued to any industrial use. The area of banners must conform to the same dimensional requirements as those for permanent wall signs. Sandwich boards, pole signs and the like may not exceed nine (9) square feet in area. The total area of window signs, temporary and permanent, may not exceed 30% of any window.

F.

Sandwich boards: Signs displayed during business hours only, such as those which are removed every evening and displayed again the following day, constitute an on-going advertising format and shall be construed as being permanent signs rather than temporary signs. Each of these signs requires a permit from the building inspector. These signs must not obstruct the flow of pedestrian traffic on the sidewalk or obstruct access to any other use. The date when such sign was first displayed shall be affixed to the sign so as to be readily seen. These signs shall be freestanding and the total sign area may not exceed nine square feet.

G.

Gasoline filling stations: In addition to gasoline filling station price signs specified in this section and pump signs, a maximum of three permanent signs (i.e. freestanding, wall, canopy) is permitted on the premises of any gasoline filling station in any combination, provided that such signs meet the dimensional requirements of this section and the number of freestanding signs does not exceed one.

H.

Gasoline filling station price sign: In addition to signs specified in this section and pump signs, gasoline filling stations are also permitted one sign not to exceed 25 square feet in size for the purpose of identifying to motorists passing by the price(s) of gasoline. The sign can have a maximum of two faces and can be mounted to the station's freestanding sign if it has one.

11.5.4 Signs permitted in any IP district.

A.

Wall sign: Two permanent wall signs not to exceed ten percent of the area of the wall face to which such signs are attached, but not to exceed 60 square feet, are permitted for the primary and secondary façades of a use located on the ground floor, provided that such façades face a public way or parking lot. The sign must be placed in the building's sign band, if one exists and the sign must be placed so it does not obscure architectural detail of the building. The letters in the sign shall not be larger than 2½) feet high.

The sign shall project no more than fifteen (15) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. If architectural detail of the building necessitates, the sign may be broken up into two (2) pieces provided that the sign is still within the sign band and the total area of the two signs does not exceed the maximum allowable of 10% of the wall face.

B.

Freestanding sign: No freestanding sign shall be permitted in the IP district except in cases where a building is set back more than 50 feet from the property line on its street side. In such cases one freestanding sign up to 50 square feet in area whose top is no higher than ten feet in height shall be permitted provided that the sign has no more than two faces, the sign pole is placed a minimum of ten feet from the public way, the letters in the sign are no larger than 2½ feet high, the sign is placed such that it does not overhang any public way, and the sign is no more than 20 inches deep. If the building has more than one use, or if several buildings are grouped together into a shopping center, then only one freestanding sign structure is allowed for the building or combination of buildings and their signs must be clustered into one integrated sign no greater than 60 square feet. The individual signs shall be of similar style and design.

C.

Permanent window sign.

1.

Upper floor uses: One sign is permitted per window and a maximum of two window signs per use for uses located on upper floors provided that the sign(s) do not exceed 30% of the area of any window.

2.

Ground floor uses: Any number of window signs are permitted for uses located on the ground floor provided they do not cover more than 30% of any window.

D.

Awning sign: One awning sign is permitted per use located on the ground floor, or a maximum of two awning signs are permitted per use located on the ground floor provided that there are no wall signs on the building. Awning signs must be located on the vertical face of the awning, the letters must be in a maximum of two lines and may be no larger than 16 inches in height, and the area of the sign (the letters and/or logo) must not exceed the area allowed for a wall sign in this district.

E.

Temporary sign: Temporary signs (banners, window signs, and sandwich boards and the like), pertaining to special sales or events are permitted provided that the signs are located on private property, for a duration of no longer than 30 days. Each temporary sign requires a permit from the building inspector. No more than four such permits per calendar year will be issued to any use, except properties in the DDD district which have frontage on Route One shall be allowed six temporary sign permits per year. The area of banners must conform to the same dimensional requirements as those for permanent wall signs. Sandwich boards, pole signs and the like may not exceed nine square feet in area. The total area of window signs, temporary and permanent, may not exceed 30% of any window.

F.

Sandwich boards: Signs displayed during business hours only, such as those which are removed every evening and displayed again the following day, constitute an on-going advertising format and shall be construed as being permanent signs rather than temporary signs. Each of these signs requires a permit from the building inspector. These signs must not obstruct the flow of pedestrian traffic on the sidewalk or obstruct access to any other use. The date when such sign was first displayed shall be affixed to the sign so as to be readily seen. These signs shall be freestanding and the total sign area may not exceed nine square feet.

G.

Gasoline filling stations: In addition to gasoline filling station price signs specified in this section and pump signs, a maximum of three permanent signs (i.e. freestanding, wall, canopy) is permitted on the premises of any gasoline filling station in any combination, provided that such signs meet the dimensional requirements of this section and the number of freestanding signs does not exceed one.

H.

Gasoline filling station price sign: In addition to signs specified in this section and pump signs, gasoline filling stations are also permitted one sign not to exceed 25 square feet in size for the purpose of identifying to motorists passing by the price(s) of gasoline. The sign can have a maximum of two faces and can be mounted to the station's freestanding sign if it has one.

I.

In addition to directional signs specifically allowed in Section 11.7, the following directional signs are allowed: Signs not to exceed six square feet whose purpose is giving only direction to employees, customers and visitors whether on vehicle or on foot, which indicate an entrance to an industrial or commercial property. Such signs may carry the name or symbol of the business indicated by the sign but shall not be illuminated.

11.5.5 Residential districts.

A.

With the exception of those signs listed in section 11.8, all signs proposed in a residential district must be approved by the building inspector and, if necessary, the zoning board of appeals, for approval. The following restrictions shall apply:

1.

Signs whose purpose is to identify a house of worship or a community building shall not exceed ten square feet.

2.

Signs which give the place name of a multi-family dwelling complex or single-family subdivision, and not more in addition thereto than direction to the location of features in such neighborhood shall not to exceed 20 square feet in area and six feet in height. These signs are to be located at not more than two entrances to such a neighborhood.

3.

Home signs indicating the name and address of the occupant(s) of a dwelling shall not exceed two (2) square feet.

4.

A sign which indicates a permitted accessory use or home occupation shall not exceed four square feet.

5.

Signs for businesses which pre-exist adoption of this ordinance or businesses allowed by right in residential districts shall follow the restrictions for the BN district.

6.

Illumination of signs shall be restricted to the hours of operation.

Note— Section 11.6, Billboard, was repealed by city council on July 18, 2017.

A.

Signs erected by or on the order of a governmental agency when limited to governmental purposes, and excluding any advertising.

B.

Names of building, date of erection, monument citation and commemorative tablets when made a permanent and integral part of a building, or site not exceeding ten square feet.

C.

Banners or flags emblematic of or issued by national, state, or local governments.

D.

Holiday decorations and lights when in season.

E.

Signs not to exceed two square feet which indicate warnings, hazards, or public conveniences such as "trespass", "beware of dog", and rest room signs.

F.

Signs not to exceed two square feet which are necessary for the safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot, provided that such signs do not carry the name or symbol of any business or product.

G.

Signs not to exceed two square feet whose purpose is giving only direction and distance to specified house of worship, community buildings, or real estate for sale, rent, lease, or trade, provided that no such sign shall be illuminated.

H.

One sign, not to exceed ten square feet in all residential districts or 32 square feet in all other districts, which announces the prospective sale, rent, lease, or trade of real estate property by the owner thereof or his/her agent, provided that the sign shall be removed within three days after the sale, rental, lease, or trade of the real estate.

(Amended 9-12-2013)

I.

Signs for structures listed on the National Register.

J.

Gasoline filling station price sign using electronic display.

(Amended 9-12-2013)

A.

Any sign of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere.

B.

Any sign displaying flashing or intermittent lights, or lights of changing degrees of intensity.

C.

Any lighting either by exposed tubing or string of lights, either outlining a part or all of a building or affixed to any ornamental feature thereof. An exception would be those items temporarily affixed to a building or other portions of the premises, which denote a particular season of the year or universally celebrated holiday.

D.

Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or directions or other public information.

E.

Any sign that uses the word "stop" or "danger" to imply the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of or which for any reason is likely to be confused with any sign displayed by public authority.

F.

Any sign that obstructs any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress, or egress for any building, as required by law.

G.

Any sign or illumination that causes any overt and direct glare into or upon any residential building other than the building to which the sign may be related.

H.

Signs constructed, erected, or maintained upon or extending over the roof of any building.

I.

Any off-premises sign which indicates a use or product not specifically available on the property on building or portion thereof where the sign is located unless a billboard is approved under the provisions of Section 11.6 (Section 11.6 repealed 7-18-17).

J.

Any sign, which due to its placement obscures the visibility of motor vehicles thus creating a traffic hazard.

K.

Banners, temporary window signs, and any other temporary sign, unless specifically approved by the building inspector with a submitted application.

L.

Any static or digital billboard.

M.

Any additional face to an existing billboard, billboard structure, or billboard monopole.

(Amended 9-12-2013; Amended 7-18-2017)

Except as provided for in this ordinance and with the exception of copy changes on changeable message boards, clocks, or thermometers, no sign shall be erected, or existing sign altered in any way, without review and approval by City of Peabody Building Inspector, or City of Peabody Zoning Board of Appeals and without issuance of a building permit as required by the building inspector. All such signs shall be subject to the following sign review process.

11.9.1 The submitted application must be complete in every way or shall not be accepted.

The following information must be indicated on the drawings supplied at the time of application for review of signs:

A.

Drawings to scale indicating the dimensions of the sign, mounting fixtures, lettering, graphics, and separate areas or ornamentation on the sign or fixtures;

B.

Representative colors on the sign and all fixtures;

C.

If applicable, a table indicating the difference between the proposed sign and any former sign and the current regulations;

D.

A list of the contractors and/or suppliers for the sign.

E.

A site plan for freestanding signs.

F.

If illuminated or electrical, include all listing and manufacturer information.

(Amended 9-12-2013)

11.9.2 Application process for signs:

A.

Any application for a sign to be located in a BC, BN, or R district shall be reviewed by building inspector, who shall use this sign review ordinance to ensure that all requirements have been met, including the following standards:

1.

That the sign is consistent with the general policy and adhere to the design guidelines as defined in section 11.4 of this ordinance; and

2.

That the sign meets all of the specific standards as defined in section 11.5 for the zoning district in which it is located.

B.

Hanging signs:

1.

Proposals for hanging signs in the BC district must be reviewed by the Building Inspector to ensure that appropriate mounting hardware will be used for the erection of the sign.

2.

Permits for hanging signs shall not be effective until a surety company bond in the amount of $10,000.00 has been filed with the city clerk for the purpose of indemnifying the city against liability to others or damages to the property of the city, by reason of the maintenance of the structure which was the subject of the permit issued; or, in lieu of a ten thousand-dollar bond for the purpose stated herein, a certificate of public liability for personal injury and property insurance in an amount not less than ten thousand dollars ($10,000.00) with the city as an additional insured.

C.

All applications for a sign shall be submitted to the building inspector. The applicant shall submit one copy of a complete application, including the above-mentioned material ("A" through "H"), to be reviewed within 14 days of submittal. If said application conforms in every way to the conditions set forth in this ordinance, as per sections 11.4 and 11.5, the application shall be approved. A building permit will be issued upon payment of sign permit fee.

D.

Zoning board of appeals. The applicant must appear before the zoning board of appeals if requesting a sign not explicitly allowed by this ordinance. The applicant must submit eight copies of the application, including the above-mentioned material, and other material as may be required by the board. The submittal of the application shall be in form and format as specified by the zoning board of appeals. The board may revise such application requirements, as necessary, from time to time. Upon approval of the sign by the zoning board of appeals an applicant must apply for a building permit as specified in section 15.2 of this ordinance.

A.

Every sign shall be maintained in a safe, presentable, and good structural material condition at all times. This shall mean the absence of existing rust, of broken or dangling parts, and of cracked, peeling, and flaking paint, the replacement of defective parts, and clean copy that is not obscured.

B.

The building inspector or his authorized designate is authorized to order the repair or removal of any sign and its supporting structure which in the judgment of the building inspector is deemed unsafe, in disrepair, or which is erected or maintained contrary to this ordinance.

C.

Any person, firm, or corporation violating any section or provision of this ordinance which pertains to signage other than temporary signage shall be issued a warning and be given seven days to comply. If violation continues unabated past such time, a ticket with a fine of $50.00 shall be issued for each day willful violation continues. The building inspector or his authorized designate shall be responsible for issuing such warnings and tickets for such violations to sign provisions of this ordinance.

D.

Violations of a temporary sign permit shall result in an immediate ticket and a fine of $50.00 for each day the violation continues.

E.

Any sign erected without approval and without a permit must follow the application guidelines and procedure, and will result in a permit fee of twice the regular sign permit fee.