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5.6 Signs and Billboards
Town of West Boylston Zoning Bylaw
 
5.6     Signs and Billboards
        
A.      Purpose

        This section 5.6 of this by-law is adopted for the regulation and restriction of signs within the Town of West Boylston in order to prevent or minimize damage to the environment, to protect and enhance the visual environment of this town and the safety, convenience and welfare of its residents.
        
B.      Authority and Interpretation

        This section 5.6 of this by-law as adopted as a zoning by-law pursuant to Chapter 40A of the General Laws.
        
C.      Definitions
                
        1)      Sign:     Any symbol, design or device used to advertise, identify or inform persons about  products, premises, person or activity.
                        
        2)      Area of Sign:

                a)      The area of a sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any "cutouts" or extensions, but shall not include any supporting structure or bracing.
                        
                b)      The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall, or window shall be considered to be that of the smallest rectangle or triangle which encompasses all of the letters and symbols.
                        
                c)      The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross-section of that object.
                        
                d)      Only one side shall be counted in computing the area of a double faced sign.
                
        3)      Accessory Sign: Signs related to persons, products or business transacted on the premises on which the sign is erected or maintained.
                
        4)      Non-Accessory Sign:  All other signs.
                
        5)      Temporary Sign / Moveable  Sign: Any sign capable of readily being moved from one location to another and having no permanent or in-ground supporting structures or braces. This includes wheeled trailers whose primary function is to carry a sign which can be loaned, rented or leased. It excludes signs on cars, trucks, buses or trailers that identify the owner or products of the owner whose function is other than pure advertising.
                
        6)      Sign Structure: The supports, uprights, braces and framework of the sign.
                
        7)      Wall Sign: Any sign attached to or erected against the wall of a building with the display surface of the sign in a plane parallel to the plane of the wall which shall not project more than twelve inches (12") from the face of the building.
                
                Any sign consisting of separate self-contained letters attached to a building shall be considered a wall sign. Banners are not permitted.
                
        8)      Projecting Sign: Any sign other than a wall sign suspended from or supported by a building.
                
        9)      Standing Sign: Any sign that is not attached to, erected on, or supported by a building.
                
        10)     Roof Sign: Any sign attached to or erected on the roof of a building.
                
        11)     Directional or Informational Sign: Any sign which is necessary for the safety and direction of vehicular or pedestrian traffic.
                
        12)     Directory Sign: Any sign listing the name and location of the occupants of a site or building.
                
        13)     Window Sign: Any sign designed to be visible from the exterior by being placed in, on, or behind a window or outside glass door but does not include merchandise offered for sale.
                
        14)     Erected: Attached, constructed, reconstructed, altered, enlarged or moved. "Erected" shall not mean repainted, cleaned, repaired or maintained. "Altered" includes changes in the letter or symbols on the sign. This does not pertain to marquee type signs with removable letters.
                
        15)     Business Center: Any aggregation of three or more business or industrial uses which share a common parking area.
                
        16)     Political Sign: A sign designed to influence the action of voters for the passage or defeat of a measure, or the election of a candidate to a public office at a national, state, county or local election.
        
D.      General Requirements

        1)      Movement: No sign shall contain any moving, flashing or animated lights, reflective elements or  visible or moving parts. No rotating or pivotal signs shall be permitted.
                
        2)      Traffic and Directional Signs:
                a)      Traffic and directional signs owned and installed by a governmental agency are permitted and not subject to any of the terms and conditions set forth in this Section 5.6.
                        
                b)      Informational and directional signs, located on the property to which such informational and directional messages pertain, containing no advertising are permitted to direct traffic flow, indicate parking space, identify points of interest or provide other essential information to guide vehicular or pedestrian traffic flow. Such signs shall not exceed two (2) square feet.
                
        d)      Sign Licenses shall be issued for five (5) years.  Renewal licenses shall be issued after inspection and approval by the Inspector of Building, as well as receipt of the appropriate fee as established by the Board of Selectmen.
                
        4)      Sight Triangle: No signs shall be constructed in the area at the corner of any public way within the radius of one hundred and fifty feet (150') from the point where the center lines of such ways intersect.
                
        5)      Maintenance: Every sign shall be maintained by the owner in a safe and well maintained condition. Every standing sign shall be kept free and clear of all obnoxious substances, rubbish and waste.
                
        6)      Traffic Hazard: No sign shall be erected that shall in any way create a traffic hazard, nor shall it in any way obscure or confuse traffic control.
                
        7)      Sign Projection: No sign or sign structure may project beyond the owner's property line. No sign shall be erected either in the public right of way.
                
        8)      Attachment: Any sign must be securely attached to either a building, or in the case of a standing sign, a foundation.
                
        9)      Billboards: Billboards and similar non-accessory signs are specifically prohibited in the Town of West Boylston unless allowed under the provisions of the Outdoor Advertising Board of the Commonwealth of Massachusetts.
                
        10)     Lighting:
                        
                a)      Illuminated signs are not permitted in residential districts.
                        
                b)      Internally illuminated signs, luminous signs, and signs illuminated from an external source directed solely toward a sign are the only permitted methods of illumination.
                        
                c)      The light for any sign shall be so maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect the neighboring premises so the safe vision of operators of vehicles moving on public ways.
                        
                d)      Signs shall not be illuminated directly or indirectly between the hours of 12:00 a.m. and 6:00 a.m. unless the premises are open during those hours.
                
        11)     Maximum Height: The maximum height of any sign shall not exceed the height of the roof or the ridge line of any associate structure. In no case shall the height of the sign exceed twenty feet (20') from the ground.
                
        12)     Gasoline Pump: The standard type of gasoline pump bearing thereon in the usual size and form the name or type of gasoline and the price thereof shall not be deemed to be a sign under this by-law.
        
E.      Permitted Signs

        1)      Signs not specifically permitted by this by-law shall not be allowed.
                
        2)      Signs permitted in all districts:
                        
                a)      For Sale: One (1) unlighted temporary sign offering premises for sale or lease for each parcel in  one ownership provided it shall not exceed four (4) square feet in surface area and it shall be set back at least ten feet (10') from the street lot line.
                        
                b)      Artisan: One (1) unlighted temporary sign of a painter or other artisan erected during the period of when such person is performing work on the premises on which the sign is erected, provided that it shall not exceed four (4) square feet in surface area and it shall be set back at least ten feet (10') from the street lot line.
                        
                c)      Political Signs: Political signs shall be permitted in all districts if they are stationary, unlighted and do not exceed four (4) square feet. Political signs shall be displayed no earlier than thirty (30) days prior to a voting day, and shall be removed within five (5) days after voting day.
                        
                d)      Yard Sale:  Signs advertising owner's personal property for sale, I.e. yard sales, etc., shall be allowed for not more than five (5) days.  Signs shall not exceed four (4) square feet in area.
                
        3)      Signs Permitted in Residential Districts
                        
                a)      One (I) sign for each dwelling unit not exceeding two (2) square feet identifying the occupant or the designation of any authorized occupation permitted.
                        
                b)      In general residence districts, one (1) standing sign for each parcel developed for multi-family use, provided that such sign shall not exceed twenty (20) square feet in surface area and it shall not exceed twenty (20) square feet in surface area and it shall be set back at least ten feet (10') from any street lot line and no part of it shall be more than fifteen feet (15') from the ground.
                        
                c)      One (1) direction or information sign for each multi-family dwelling building, provided such sign shall not exceed two (2) square feet in surface area.
                        
                d)      Home occupation (Section 3.5, B.2)
                        
                        One (1) sign not to exceed two square feet in area which shall be attached to a building is permitted but only to display the occupant's name and occupation.
                
        4)      Signs Permitted in Business Districts and Industrial Districts:
                        
                a)      One (1) unlighted temporary sign offering the premises for sale or lease provided it shall not exceed sixteen (16) square feet in area and it shall be set back at least ten feet (10') from the street lot.
                        
                b)      Window signs: Unlighted temporary signs attached to the inside of a window or glass door are permitted but may not cover more than twenty-five percent (25%) of the window area. Window signs promoting public, civic, non-profit and non- political activities shall not be counted against the allowable twenty-five percent.
                        
                c)      Three temporary / moveable sign permits per business may be issued by the building inspector per year, provided that at least 120 days have passed since the expiration date of the previous temporary/moveable sign permit.
                                
                        i.)     No permits for temporary /moveable signs shall be issued until the building inspector has determined that all other signs on the property, including window signs, conform to all the provisions of this by-law.
                                
                        ii.)    Temporary/moveable signs shall not be larger than twenty (20) square feet.
                                
                        iii.)   Where there is more than one business on a lot, only one temporary/moveable may be displayed at a time, except that within a business center, more than one sign may be displayed at a time provided that those signs are located not more than five feet (5') from the building.
                                
                        iv.)    No temporary/moveable sign may be located closer than ten feet (10') from the front property line.
                                
                        v.)     Temporary/moveable signs shall be illuminated and shall conform to standards set forth in Section F.2 A of this by-law.
                                
                        vi.)    Existing temporary/moveable signs shall be subject to the conditions of this section as soon   as their present permit expires, except that one new permit may be issued after thirty (30) days, and hereafter the provisions of Section c, above, shall apply, 120 days.
                        
                d)      Single business in single building: There shall not be more than one (I) wall sign not to exceed thirty (30) square feet or projecting sign not to exceed twenty-four (24) square feet affixed to each side of the building which faces a public way.
                        
                e)      Two (2) or more businesses in a single building: There shall not be more than one (1) wall sign, not to exceed thirty (30) square feet for each business or projecting sign not to exceed twenty-four (24) square feet for each business affixed to each side of the building which faces a public way. Total square feet shall not exceed ten percent (10%) of wall area to which it is affixed.
                        
                f)      Standing sign: One standing sign per business lot shall be permitted if the Inspector of Buildings finds that there is need for such a sign due to the nature and use of the premises or the location of the business with reference to the public way or ways and that such a sign will be in harmony with the general purpose and intent of this by-law.
                        
                        Standing signs shall not exceed forty (40) square feet and not exceed the height of the highest building on the premises. In no case to exceed twenty feet (20') in height from the ground. The sign structure shall be firmly anchored to an approved foundation. The sign and structure shall be kept in good repair and painted. Such signs shall be set back from the public way in such a manner that the forward most projection of the sign be not less than ten feet (10') from the lot line.
                        
                g)      Business Center Sign: A standing sign in a business center shall be allowed subject to the other restrictions of this section and the following:
                                
                        i.)     One (1) standing sign, on a single structure, not to exceed forty (40) square feet identifying the business center, shopping center, or industrial park and/or the business therein.
                                or
                        ii.)    One (I) standing sign, on a single structure, with the portion identifying the business center, shopping center or industrial park, not to exceed twenty (20) square feet and the portion identifying the individual business or industrial units not to exceed four (4) square feet per unit.
                                In no case shall a business center sign exceed a total area of eighty (80) square feet.
        
F.      Administration and Enforcement

        1)      Enforcement
                        
                a)      The Inspector of Buildings is hereby authorized to enforce this by-law. The Inspector of Buildings 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 by-law.
                        
                b)      The Inspector of Building shall, at reasonable times and upon presentation of proper credentials, have the power to enter upon the premises on which a sign is erected or maintained in order to inspect said sign.
                        
                c)      Immediate removal may be ordered by the Inspector of Buildings of any sign requiring a permit which has been erected without first obtaining such permit.
                        
                d)      Any other sign which has been ordered removed by the Inspector of Buildings, or is abandoned or discontinued, shall be removed by the sign owner or the owner of the property on which the sign is located within thirty (30) days of written notice.

Amended May 21, 1990 Article 24
                        
                e)      Violation of any provision of this by-law or any lawful order of the Inspector of Buildings shall be subject to a fine of not more than $100.00 per offense.
                        
                        Each day that violation continues shall constitute a separate offense.
                
        2)      Permits
                        
                
                a)      A Sign Building Permit from the Inspector of Buildings shall be required for the erection, construction or alteration of a sign.  A completed Sign Building Permit Application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and a Sign License Fee as established by the Board of Selectmen.

In reviewing applications submitted to him, the Inspector of Buildings shall apply the following standards, in acting upon each Sign Building Permit, unless otherwise specifically provided:

i.      The sign will not cause visual confusion, glare or offensive lighting in a neighborhood.
ii.     The sign will not be a detriment to the surrounding area.
iii.    The sign will not significantly alter the character of the zoning district.
iv.     The sign will not interfere with traffic safety in the area.

Amended May 19, 2008

                b)      Any sign of more than twelve feet (12') in height above the average adjoining grade or any roof sign, projecting sign, or standing sign shall have structural drawings including foundations submitted by a registered professional engineer.
                        
                c)      Within forty-five (45) days after the application permit has been submitted, the Inspector of Buildings shall approve or disapprove the application.
                        
                        If the Inspector of Buildings does not take any action on the application within forty-five (45) days, the application shall be deemed approved.
                        
                d)      Sign permits shall be issued for five (5) years. Renewal permits shall be issued after inspection and approval by the Inspector of Buildings.
                        
                e)      Temporary / Moveable sign permits shall be issued for not more than thirty (30) days.
                        
                f)      No permit shall be required for the following:
                                
                        i.)     Signs in a residential district erected in accordance with the provisions of this by-law.
                                
                        ii.)    Window signs.
                                
                        iii.)   For sale signs.
                                
                        iv.)    Artisans, political, yard sale and No Trespassing signs.
                        
                g)      A sign permit shall become null and void if the work for which the permit was issued has not been completed within a six (6) month period.
                        
                h)       Accessory signs legally erected before the adoption of this by-law which do not conform to the provisions of this by-law may continue to be maintained subject to compliance with the requirements for a permit in effect as of the adoption of this by-law, provided, however, that no such sign shall be permitted, if after the adoption of this by-law, it is enlarged, reworded, redesigned, or altered in any substantial way, except to conform to the requirements of this by-law.
                        
                        Any sign legally erected before the adoption of this by-law which after that date either:
                                
                        i.)     Advertises, calls attention to, or identifies products, persons or activities which are no longer sold, located or carried on at the premises be removed within sixty (60) days after notice by the Inspector of Buildings.
                                
                        ii.)    Has not been repaired or properly maintained must, within sixty (60) days after notice to that effect was given by the Inspector of Buildings, be brought into compliance with the requirements of this by-law or removed.
        3)      Fees
                        
                a)      All fees shall be paid to the Town of West Boylston and collected by the Inspector of Buildings.
                        

                b)      After the adoption of this by-law, the sign permit fees shall be set by the Board of Selectmen.

Amended
Feb 23, 1981 Article 1
May 21, 1990 Article 22
May 21, 1990 Article 23
Feb 24, 1992 Article 7



Town of West Boylston 127 Hartwell Street, Suite 100, West Boylston, MA 01583
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