It is recognized that signs perform important functions in the community which are essential for the public safety and general welfare, such as communicating messages, providing information about goods and services available and providing orientation. It is further recognized that because of their potential detrimental impact on the visual and perceptual environment, signs must be regulated in order to:

A.

Prevent hazards to vehicular and pedestrian traffic.

B.

Prevent conditions which have a blighting influence and contribute to declining property values.

C.

Provide for easy recognition and legibility of all permitted signs and other uses in the immediate vicinity.

D.

Preserve the amenities and visual quality of the town and curb the deterioration of the community environment. It is the intent of this section to protect property values, create a more attractive business climate, enhance and protect the physical appearance of the community, provide a more enjoyable and pleasing community and to encourage the most appropriate use of the land.

(Prior code § 145-46)

A.

General Applicability. All signs shall comply with the regulations for the erection and construction of signs contained in this chapter, other applicable town bylaws and the Building Code of the Commonwealth of Massachusetts, unless exempted from town bylaws by the Massachusetts General Laws, as amended. No signs shall be hereinafter constructed, maintained or permitted except in accordance with the regulations contained in this chapter.

B.

Nonconforming Signs.

1.

A nonconforming sign is any sign which does not conform to the regulations of this chapter.

2.

Accessory signs or other advertising devices legally erected before the adoption of this chapter may continue to be maintained; provided, however, that no such sign or other advertising device shall be permitted if it is, after the adoption of this chapter, enlarged, reworded (other than in the case of theater or cinema signs or signs with automatically changing messages), redesigned or altered in any way, including repainting in a different color, except to conform to the requirements of this chapter; and provided further that any such sign or other advertising device which has deteriorated to such an extent that the cost of restoration would exceed fifty (50) percent of the replacement cost of the sign or other advertising device at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this chapter. Any exemption provided in this section shall terminate with respect to any sign or other advertising devise which:

a.

Shall have been abandoned (not used for six months or more);

b.

Advertises or calls attention to any products, businesses of activities which are no longer sold or carried on at the particular premises; or

c.

Shall not have been repaired or properly maintained within thirty (30) days after notice to the effect has been given by the inspector of buildings.

(Prior code § 145-47)

The provisions of Section 17.32.050 of this section (Permitted signs) shall be the general controlling section for all signs. However, the special regulations set out in this section shall also apply:

A.

At the boundary line of the town and within a street right-of-way, a sign not exceeding five square feet in sign area indicating the meetings of any Winthrop civic organization may be erected only after the granting of a special permit.

B.

Two signs identifying churches, synagogues and other similar religious uses are permitted, one of which may not exceed twenty (20) square feet in area and one of which may not exceed ten square feet in area. One sign may be freestanding and may be used for church notices and announcements or services and events at the church, synagogue or similar religious institution.

C.

One sign not to exceed fifteen (15) square feet is allowed for each of the following: membership club, community facility, funeral establishment, public utilities, place of public assembly and extended care facilities.

D.

One temporary sign per lot for a candidate for town, county, state or national office is permitted. Such sign shall not exceed three square feet in area. Such sign shall be removed within forty-eight (48) hours following the date of the election. All property owners who fail to remove such signs shall be subject to the penalties as provided in Section 17.52.070 of this title.

(Amended during 2007 codification; prior code § 145-48)

The following signs and devices shall not be permitted, constructed, erected or maintained:

A.

Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature.

B.

Wind signs, including banners, pennants, spinners, streamers and other wind-actuated components.

C.

String lights used in connection with commercial premises with the exception of temporary lighting for holiday decorations.

D.

Any sign which advertises a business or product previously sold or located on the premises but no longer sold or located on the premises.

E.

Portable signs (exception: see Section 17.32.050(C)(7) of this chapter).

F.

Window signs which cover more than twenty-five (25) percent of area of the window.

G.

Signs for home occupations.

H.

Signs painted or posted directly on the exterior surface of any wall, except for awning signs as allowed in Section 17.32.050(C)(3) of this chapter.

I.

Signs erected so as to obstruct any door, window or fire escape on a building.

J.

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

K.

Colored lights and illuminated signs employing colors in use in traffic signal lights are prohibited within view of any signalized intersection. A sign (including interior window displays or banners, either temporary or permanent) 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.

L.

Any imitation of official traffic signs or signals and the use of such words as "stop," "look," "danger," "go slow," "caution" or "warning" are prohibited.

M.

Fluorescent colors in the yellow to red spectrum are prohibited.

N.

Signs which advertise products or activities not conducted on the premises (nonaccessory signs) or signs that incorporate such advertising into their signs by including product trademarks or trade names in their accessory sign design.

(Prior code § 145-49)

A.

Signs whose subject matter relates exclusively to the premises on which they are located or to products, accommodations or activities on those premises (accessory sign) shall be allowed as provided in this section.

B.

No person shall erect, display or maintain a billboard, sign or other advertising device (nonaccessory sign) within the town, except those specifically exempt under the state law or as otherwise provided for hereinafter.

C.

Number and Types of Business Signs.

1.

Wall or Ground Signs.

a.

One wall sign or ground sign is permitted for each street or parking lot frontage of each establishment. These shall not exceed a total of two permanent signs for any one business or industrial establishment, excluding window signs, directional signs, directories and marquees. Each primary sign may not exceed twenty (20) square feet in area, and each secondary sign may not exceed ten square feet in area.

b.

No sign shall be painted or posted directly on the exterior surface of any wall. All signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface which shall be securely affixed to the wall of the building. This subsection, however, shall not prevent the installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building. The material of the sign and intermediary surface and the manner in which they are affixed to their respective surfaces or walls shall be subject to the approval of the building inspector.

2.

One marquee sign is permitted for each public entrance to a theater, provided that the marquee shall not be more than four feet overall in height.

3.

One awning sign is permitted for each display window of a store.

4.

A shopping center or industrial or office park containing floor space of five thousand (5,000) square feet or more may have a freestanding sign not exceeding twenty (20) square feet in area, identifying the premises, in addition to the above signs.

5.

A gasoline station may have a freestanding sign not exceeding twenty (20) square feet in area in lieu of the primary wall or ground sign described in subsection (C)(1) of this section.

6.

Permanent signs on the surface of or inside display windows shall cover no more than ten percent of the display window area.

7.

One advertising sign, A-frame or freestanding, not larger than two feet zero inches by four feet, including frame, shall be placed within the control of the property of the business. The sign shall be on display only during the hours of operation of the facility; it shall not interfere with or cause distraction to pedestrian or vehicular traffic. A fee of thirty dollars ($30.00) is to be paid by July 1st of each year. Failure to renew permit on time will result in double the fee.

D.

Signs in Residential Districts. In residential districts, the following signs are permitted:

1.

For each residential building housing not more than two families, there may be one sign for each residence. Such sign shall not exceed one square foot.

2.

For each residential building housing more than two families, or in the case of a group of such buildings forming a single housing establishment, for each such establishment, there may be one sign which will not exceed three square feet and one secondary sign for each separate building in a group of such buildings which shall not exceed one square foot.

E.

Other Signs (All Districts). The following are allowed in addition to signs as limited above:

1.

Names of buildings, date of erection, monumental citations and commemorative tablets up to ten square feet in area, when made a permanent and integral part of the building.

2.

One directory of the occupants or tenants of the building affixed at each entrance is permitted but shall not exceed an area determined on the basis of one square foot for each occupant or tenant.

3.

Traffic control and guidance signs, in conformance with public traffic control standards but located on private property and orientational signs up to one foot in area, displayed for purposes of direction or convenience, including signs identifying rest rooms, freight entrances and the like.

F.

Location of Signs.

1.

No sign shall extend more than three feet above the roof plate line of the wall to which it is attached nor above the third floor of a multistory building. No roof signs are allowed.

2.

For other than first floor occupants, wall signs, if any, shall be located between the second and third floors.

3.

No permanent sign shall be located in a residential district, except as provided above, unless serving a permitted nonconforming business use. Temporary signs shall be regulated by subsection H of this section.

4.

Projecting Signs.

a.

No sign shall project over a public right-of-way by more than eighteen (18) inches or come within three feet of the curbline. A sign on a fabric awning may project over a sidewalk but may not come within three feet of the curbline.

b.

The board of appeals may authorize a projecting sign not exceeding fifteen (15) square feet in area and signs on projecting marquees, canopies or rigid awnings by special permit, but only in cases where it is clear that such signs or structures will not block other signs or cause visual clutter or confusion. Such signs or structures shall not come within three feet of a curbline, and a minimum clearance of eight feet shall be maintained between the bottom of the sign and the sidewalk. Liability insurance in an amount specified by the town council shall be obtained before the erection of any projecting sign or a marquee, canopy or rigid awning which includes a sign.

G.

Illumination.

1.

Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises.

2.

Illuminated signs, including neon signs, shall not produce more than one footcandle of illumination four feet from the sign.

3.

Signs shall not be illuminated between the hours of twelve p.m. and six a.m. unless related to an establishment operating between those hours.

4.

All permanent outdoor lights such as those used for area lighting or building floodlighting shall be steady, stationary, shielded sources directed so as to avoid causing glare for motorists, pedestrians or neighboring premises. The marginal increase in light, as measured at a property line other than a street line, shall not exceed one footcandle.

5.

Hospital signs, if illuminated, shall be illuminated by white or blue nonflashing lights only.

6.

Illuminated signs shall be constructed of noncombustible materials, except that facings, letters, figures, decorations and structural trim may be made of approved combustible plastics as defined in accordance with American Society for Testing Materials standard methods.

H.

Temporary Signs. The following temporary signs are allowed without a permit:

1.

Construction Signs. One unlighted sign of up to ten square feet identifying parties involved in construction on the premises where the sign is located. In addition, in business and multiple residence districts, one illuminated sign of up to thirty-two (32) square feet identifying the owner's name and the activity for which the building is intended and describing the construction process, but not including the advertisement of any product. These signs must be removed within fourteen (14) days after the completion of construction.

2.

Real Estate Signs. One unlighted sign of up to six square feet pertaining to the sale, rental or lease of the premises on which the sign is displayed, to be removed within fourteen (14) days after sale, rental or lease. Such sign shall be set back at least ten feet from the street lot line. No permit is required if the erecting agent has obtained a one-year permit for erecting such signs and has paid a filing fee of one hundred dollars ($100.00) per year.

3.

Display Window Signs. Signs on the surface of or inside display windows, lighted only by building illumination and covering no more than twenty-five (25) percent of the display area (business districts only).

4.

Political Signs. See Section 17.32.030(D) of this chapter.

5.

Event Signs. Temporary banners and posters covering social, holiday and religious events (except posters intended for window display) shall be referred to the building inspector for approval and issuance of a permit if deemed necessary by the inspector. Such temporary signs and banners must be firmly attached to a supporting device and present no undue hazard to the public. The time allowed this type of advertising shall not exceed sixty (60) days.

J.

Anyone violating any provision of the above by-laws will be subject to a twenty-five dollar ($25.00) fine for the first offense and fifty dollars ($50.00) for the second and subsequent offenses. Each day will be considered a separate offense at the discretion of the Commissioner of Inspectional Services.

Complete documentation pertaining to this hearing can be viewed in the Town Clerks Office during normal business hours, and will be posted for public viewing on bulletin boards located in the Town Hall.

(Prior code § 145-50)

( Ord. of 9-1-15(1) )

A.

One freestanding sign identifying the hospital, provided that such sign is not more than four feet by six feet or twenty-four (24) square feet in area and the top of the sign is not over twelve (12) feet above the ground. Such freestanding sign may be either a ground sign or a pole sign.

B.

One wall or freestanding sign for identification of each building, provided that the surface area of such sign shall not be more than ten square feet nor, if a standing sign, more than six feet above the ground.

C.

Directional signs that point out parking lots and specific services, provided that they are not larger than one foot by three feet and provided that the top of the sign is not more than four feet above the ground.

(Prior code § 145-51)

A.

Permits.

1.

All persons desiring to erect, install, place, construct, alter, move or maintain a sign shall apply to the inspector of buildings for a permit.

2.

Drawings.

a.

All applications for sign permits shall include a drawing to scale, indicating the following:

i.

The proposed sign.

ii.

All existing signs maintained on the premises.

iii.

The lot plan and building facade, indicating the location of the proposed sign, and a photograph of the existing building surface.

iv.

Specifications for its construction, lighting and wiring.

b.

All drawings shall be of sufficient clarity to show the extent of the work.

3.

Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this chapter.

4.

The inspector of buildings shall establish a schedule of fees for sign permits and shall collect such fees.

5.

Signs Not Requiring Permits.

a.

The following shall not be considered signs within the context of this chapter and shall not require a permit:

i.

Flags and insignia of any government except when displayed in connection with commercial promotion.

ii.

Legal notices, or informational devices erected or required by public agencies.

iii.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or parts internally illuminated or decorated with gaseous tube or other lights.

iv.

On awnings or similar devices, lettering not exceeding three inches in height or symbols not exceeding four square feet in area.

b.

The following additional signs shall not require permits:

i.

Interior Signs. Except for window signs, signs wholly within a building shall not be governed by this chapter.

ii.

Gasoline Pumps. A standard type of gasoline pump, bearing thereon in usual size and form the name of the type of gasoline and the price thereof, shall not be deemed to be a sign. Temporary or movable signs of any type are prohibited, with the exception of signs designating State Motor Vehicle Inspection Stations.

iii.

Residential signs as described in Section 17.32.050(D).

iv.

Temporary signs as described in Section 17.32.050(H).

B.

Repair and Maintenance.

1.

All signs, including temporary signs, shall be securely erected or affixed and shall be kept safe, neat and clean and in good and safe repair and operating condition, to the reasonable satisfaction of the building inspector.

2.

The inspector of buildings is authorized to order the repair or removal of any sign and its supporting structure which in the judgment of the inspector of buildings is dangerous or is in disrepair or which is erected or maintained contrary to this chapter.

(Prior code § 145-52)

In particular instances, the board of appeals may permit more than the number of signs permitted by this chapter or signs of a greater size or in a location other than specified in this chapter if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the use being made of the structure is such that an additional sign or signs of a larger size should be permitted in the public interest. In granting such permission, the board of appeals shall specify 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. However, in no case shall any sign permitted exceed a maximum of four feet times the linear face of the building front. Any applicant under this provision shall provide information required in Section 17.32.070 of this chapter, in addition to specific information in the form of perspectives, renderings, photographs, models or other representations sufficient to show the nature of the proposed sign and its effect on the immediate surroundings. Prior to the granting of a special permit under this provision, the board of appeals shall receive comments on the sign from the planning board.

(Prior code § 145-53)