Town of Stoneham, Massachusetts

The purpose of this bylaw is:

(a) To maintain and enhance the aesthetic environment.

(b) To improve pedestrian and traffic safety.

(d) To enable the fair and consistent enforcement of these sign restrictions.

6.7.2 Applicability:

A sign may be erected, placed, established, painted, created or maintained in the town only in conformance with the standards, procedures, exemptions, and other requirements of this bylaw.

6.7.3 Computations:

6.7.3.1 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 computed by means of the total area of the square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming a part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall (provided that said framework, bracing, fence, or wall does not exceed thirty percent (30%) of the supported sign alone and is not designed or used as an advertising device).

6.7.3.2 Area of Multi-faced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

6.7.3.3 Height: The height of a sign shall be compute 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) the 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 reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

6.7.3.4 Maximum permitted signs: The maximum number of signs permitted are listed by district in Section 6.7.3.7.4. The types of signs allowed are listed by district in Section 6.7.6.1- Table 2 of this bylaw.

6.7.4 Definitions:

Words and phrases used in this Section shall have meanings set forth in this Section. Words and phrases not defined in this Section but defined in Section 2.0 of this Chapter 15, hereinafter referred to as Section 2.0 shall be given the meaning set forth in Section 2.0. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

6.7.4.1 Animated sign: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

6.7.4.2 Awning sign: A-non-illuminated sign painted on or attached to a fabric or vinyl cover on a rigid frame. Only business names and/ or logos may be attached to, painted, stenciled, or other wise placed on these devices.

6.7.4.3 Banner: Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any religious, educational, not-for-profit institution are exempt.

6.7.4.4 Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

6.7.4.5 Billboard: A sign which does not advertise a business or profession conducted, a service offered or a commodity sold upon the premises where such sign is located.

6.7.4.6 Building marker: Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze and is a permanent attached marker.

6.7.4.7 Building sign: Any sign attached to any part of a building, as contrasted to a freestanding sign.

6.7.4.8 Business center: A location with retail/service businesses or potential businesses which collectively have an aggregate floor area equal to or greater than fifty thousand (50,000) square feet and which has a name different from the name of any of the individual businesses and which has common private parking and vehicular entrances.

6.7.4.9 Business center sign: A sign identifying a business center and individual businesses within the center.

6.7.4.10 Canopy sign: A canopy is a multisided structure supported by columns or attached on one end to a building design to protect people directly overhead from the weather. A canopy sign is attached to the vertical surface of a canopy.

6.7.4.11 Changeable copy sign: A sign that is designed so that characters, letters or illustrations can be changed or rearranged either manually or automatically without altering the [non-letter] face of the sign.

6.7.4.12 Commercial message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

6.7.4.13 Discontinued sign: A legal or non-conforming sign which no longer identifies or advertises a bona fide business, lessee, service, owner, product or activity.

6.7.4.14 Electronic message center: A sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g., electrical or electronic time and temperature units.

6.7.4.15 Externally illuminated sign: A sign whose illumination is derived entirely from an external artificial source.

6.7.4.16 Flashing sign: A sign that contains an intermittent or sequential flashing light source.

6.7.4.17 Free-standing pole sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure.

6.7.4.18 Historical marker: Historical markers erected or placed by historical association, governmental agency or owner of property that has been placed on the State or Federal Register of Historic Places, or a property approved as being historic by the Town of Stoneham Historic Commission.

6.7.4.19 Identification sign: A sign whose copy is limited to the name and address of the building, institution, or person and/or activity or occupation being identified.

6.7.4.20 Informational sign: An on-premise sign identifying a premises or activity conducted upon such premises and providing direction for the safe and/or efficient flow of vehicular or pedestrian traffic. An informational sign has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance," "loading only," telephone," “handicap” and other similar directives. No sign with a commercial message, including but not limited to logos and trademarks shall be considered informational.

6.7.4.21 Internally illuminated sign: A sign whose illumination is derived entirely from an internal artificial source.

6.7.4.22 Marquee sign: A sign painted on, attached to, or consisting of interchangeable letters on the face of a permanent overhanging shelter, which projects from the face of a building.

6.7.4.23 Monument sign: An outside sign identifying a development, business(es), service(s), or home(s), the bottom of which is attached directly and permanently to the ground and physically separated from any other structure.

6.7.4.24 Non-commercial message: A message that does not direct attention to a business operated for profit, or to a commodity or service for sale.

6.7.4.25 Off-premise sign: A sign that pertains to a use which is not located or maintained on the premises (other than non-commercial message signs) including a sign that which identifies goods or services that are not sold on the same premises as the said sign.

6.7.4.26 On-premise sign: A sign that pertains to the use of the premises on which it is located and maintained.

6.7.4.27 Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

6.7.4.28 Portable Sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

6.7.4.29 Real estate sign: A temporary sign advertising real estate upon which the sign is located as being for rent, lease or sale.

6.7.4.30 Roof sign: Any sign erected and constructed wholly on and/or over the roof of a building, supported by the roof structure.

6.7.4.31 Secondary Sign: Any sign that serves to complement the main sign by promoting the primary use, building name, parking area, or for significant directional purposes.

6.7.4.32 Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

6.7.4.33 Temporary sign: Any sign that is used only temporarily and is not permanently mounted.

6.7.4.34 Wall sign: Any sign attached parallel to, but within 6 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

6.7.4.35 Window sign: A sign installed on or affixed to a window and intended to be viewed from outside.

6.7.5 Prohibited signs:

The following are prohibited.

(a) Animated, moving, flashing and revolving signs, beacons, searchlights, pennants, portable signs, and balloons.

(b) Off_premise signs and billboards, except for non-commercial signs.

(d) Portable signs on wheeled trailers.

(e) Signs which are attached in any form, shape or manner to a fire escape.

(f) Any sign not specifically permitted in this bylaw is prohibited.

6.7.6 Permitted signs:

(a) Table 2- Permitted Signs by Zoning District.

(b) Non-commercial message signs- Any sign, display or device allowed under this bylaw may contain, in lieu of any other copy, any otherwise lawful noncommercial message which complies with all other requirements of this bylaw.

(d) Temporary Signs allowed in all districts

1. New Construction- During construction of a building, a free standing pole or ground sign may be erected on the premises identifying the building, owner, and contractors and shall not exceed 36 square feet in surface area nor 10 ft in any dimension. Such sign shall be promptly removed after completion of the building but in no event after one (1) year from the original date of the building permit.

2. Alteration/Repair- One sign identifying contractor not to exceed 6 square feet and to be promptly removed upon completion of activity.

3. Banners-Allowed with building permit for total of 30 calendar days.

6.7.7.1 Applications: Application for a sign permit shall be made in writing upon forms furnished by the Building Inspector. Such application shall contain the location by street and number of the proposed sign(s) as well as the name and address of the owner and the sign contractor or erector. The Building Inspector may require the filing of plans (including elevations) or other pertinent information.

6.7.7.2 Certificate of Insurance:

(a) When a sign is permitted to be erected on a Town way or in an area adjacent to a Town way, which proximate location could under normal conditions create a hazard to travelers on such a public way, the Building Inspector may, before issuing a permit, require the person, firm, or corporation to file a certificate of insurance issued by a company authorized to do business in the Commonwealth of Massachusetts stating that there is in effect an insurance policy in an amount equal to the sum required if a bond were filed 9as decided by the Building Inspector and or the Town Administrator), insuring the Town against any and all claims for personal injury or damage to property that in any way may result from such a sign. The Town Counsel shall approve all such certificate of insurance. The certificate shall also state that the policy shall not be canceled or in any manner amended, changed or altered without giving the Town Clerk fifteen (20) days written notice thereof, return receipt required.

(b) If a surety bond be required in lieu of a certificate of liability, such bond shall be approved by the Town Counsel and shall be conditioned for the installation and erection of signs in accordance with the provisions of this Section and other bylaws of the Town and laws of the Commonwealth of Massachusetts and shall provide for the indemnification of the Town for any and all damages or liability which may accrue against it by reasons of faulty installation, erection, demolition, repair, removal or defects in or collapse of any sign for a period of one (1) year after erection and for such a time that such sign is maintained or serviced by or under the direction of the maker of such bond. Such bond shall further provide for the indemnification of any person who shall, while upon public property or in any public place, incur damage for which the principal named in the bond is legally liable.

6.7.7.3 Location of sign - inclusion of permit number on sign: All signs shall be erected in the exact location described in the permit. The permit number shall be clearly visible and located at the lower right hand corner of the face of

6.7.7.4 Changing lettering on changeable letter signs: No permit shall be required to change the advertising copy or message on a changeable letter sign allowed at the time of adoption of this bylaw.

6.7.7.5 Maintenance; inspection: All signs, together with their supports, braces, guys and anchors shall be kept in repair and in a proper state of preservation to the extent that the State Building Code does not govern such. The display surfaces of all signs shall be kept neatly painted or posted at all times.

6.7.7.6 Removal upon vacancy: Any sign affixed to a building or advertising a business or office which becomes vacant shall be removed within one-hundred eighty (180) days of said vacancy by the owner of the subject premises.

6.7.7.7 Non_Conforming Signs: Any sign legally erected prior to the effective date of this bylaw which was permitted by previous provision contained in the Zoning Bylaw; or other bylaws of the Town but which is not in conformity with the provisions of this Section 6.7, shall be considered a non-conforming sign. Non-Conforming Signs may be maintained, except as hereafter provided:

(a) A non-conforming sign shall be brought into compliance with this Section 6.7 of the Zoning Bylaw if there is a:

1. change in the use, or

2. change in the location of the sign on the premises, or

3. change in the location of the building, or the property line in a manner that renders the sign to be nonconforming with respect to dimensional requirements.

b) A non-conforming sign shall be brought into compliance with this Section 6.7 if it is rebuilt or relocated. Rewording or re-lettering of a non-conforming sign is allowed as long as such sign is not required to be brought into compliance for a reason provided in Section 6.7.8.7 (a) above.

c) A non-conforming sign shall not be changed or altered to another sign, which does not comply with this Section 6.7 of the Zoning Bylaw.

6.7.7.8 Removal of Discontinued Signs: A discontinued sign shall not be maintained or re-established after the activity, business, or usage to which it relates has been discontinued or ceases to operate for one hundred and eighty (180) days or longer. The permit holder or the owner of the premises upon order of the Building Inspector shall remove such sign. (5-7-03, Art. 20)