[HISTORY: Adopted by the 1965 Annual Town Meeting of the Town of Chatham by Art. 28; amended 10-17-1977 STM; 5-9-1983 ATM; 11-13-1984 STM; 9-9-1985 STM; 5-12-1987 STM. Subsequent amendments noted where applicable.]
The purposes of this bylaw are for the regulation and restriction of billboards, signs and other advertising devices within the Town of Chatham on public ways, or on private property within public view of a public way, public park or reservation; to preserve for the citizens of Chatham and their children the natural, architectural and historical assets and other qualities which distinguish the Town as a desirable community for permanent residence and for summer recreational purposes; to protect its income from the recreational business by exercising prudent control over the assets; to preserve for the citizens their rights to a customary means of earning a living; and to encourage growth of the community along the traditional architectural lines.
This bylaw is hereby declared to be remedial and protective and is to be so construed as to secure the beneficial interests and purposes thereof. This bylaw is adopted pursuant to Massachusetts General Laws Chapters 93, 40A and 43B.
A-FRAME OR EASEL SIGN
A double-faced sign, with the two faces connected at the top and spaced at the bottom so as to form the shape of the letter "A" and therefore being self-supporting on a flat surface, or a single-faced sign similarly self-supporting.
BANNER
A piece of cloth, plastic or similar material attached at one or more points to a pole, staff or other support.
GROUND
Natural earth or soil level of the particular area or normal finished grade.
GROUND SIGN
A sign, single- or double-faced, supported from ground level by posts or similar vertical supports.
LADDER SIGN
A ground sign with two vertical supports, with two or more horizontal crosspieces serving as individual signs for identification or advertising purposes.
NONCONFORMING SIGN
A sign which is not allowed by the current bylaw but which, when first constructed, was legally allowed by the Town.
OFF-PREMISES SIGN
A sign which is not appurtenant to the use of the property, a product sold or a service offered upon the property where the sign is located.
PERSON
The definition of person for the purposes of this bylaw shall include an individual, corporation, society, association, partnership, trust or other entity, public or private.
PROJECTING AND OVERHANGING SIGNS
A sign which projects over a public way.
PUBLIC WAY
For purposes of this bylaw, a public way shall include a private way that is open to public use.
RIDGELINE
The highest point of the main roof structure or highest point on a parapet, but shall not include cupolas, pylons, projections or minor raised portions of the roof.
ROOF SIGN
A sign attached to a roof of a building not extending higher than the roofline.
SIGN
A sign shall mean any material or any structure or part thereof or device attached thereto on which is painted, represented, displayed or included a letter, word or figure which attracts or tends to attract attention to itself. Signs herein shall also mean all advertising devices or insignia, whether lettered or not, designed to promote a business, the sale of a product or of a service. The word "sign" as used in this bylaw shall also include any lettered or worded advertisement not outdoors which is visible and is intended to be read from the outdoors. The term shall not include any flag, badge or insignia of any government or governmental agency or of any civic, charitable, religious, patriotic or fraternal organization. "Sign face" shall mean the side of a sign intended to be read.
TEMPORARY SIGN
A sign intended to be displayed for a limited period for the purpose of advertising a special sale or promotion or announcing a bona fide charitable, religious, educational or civic event, or promoting the election of a political candidate.
WALL SIGN
A sign attached parallel to, or painted on, the vertical wall of a building exterior.
WINDOW SIGN
A sign displayed on or within the window of a building visible from outside the building.
ZONES
Zones as used in this bylaw shall mean the zones described in Section 5, Protective Bylaw of the Town, as amended.
The following signs may be erected in the general business areas:
A. 
Wall signs. One wall sign per established business for each street frontage not exceeding a total of 10% of that building face including the window area, but not to exceed three feet in height, advertising only the business carried on and/or services and products made or sold on the premises.
B. 
Window signs. Window signs shall not exceed 25% of the individual window area or 10% of the glass area of any required exit door.
C. 
Ground signs (including ladder signs). In addition to the wall sign specified in Subsection A above, there shall be but one single- or double-faced sign of not over 20 square feet area within 15 feet of the street or boundary; if said sign is located between 15 and 20 feet from the road boundary it may be 30 square feet in area, and if located more than 20 feet from the road boundary it may contain not over 40 square feet in area with the upper and lower edge to be determined by the existing grade level and the approval of the sign agent, but in no case shall the height exceed 18 feet above the sign's foundation or the existing grade level at the foundation.
D. 
Roof signs. In lieu of, but not in addition to, a wall sign, a sign which shall not exceed a height of three feet, nor the ridgeline of the structure, may be affixed to the roof of a building. All roof signs shall be properly and safely erected and approved by the Select Board or their agent.
[Amended 6-12-2021 ATM by Art. 55]
E. 
Signs for gasoline stations, garages and commercial boating facilities. Such businesses may, if they elect to do so, divide that one exterior sign affixed to the front wall of the building to which they are entitled as hereinabove provided into separate signs affixed to and parallel to such wall and indicating the separate operations or departments of the business; provided, however, that the total of the area of the separate signs shall not exceed the maximum area permitted under this bylaw for a single exterior sign on such wall. In addition, one ladder sign, subject to the limitations as defined under Subsection C, Ground signs, may be permitted. In addition, one sign, standing or otherwise, indicating the company whose gasoline is being sold may be erected subject to approval of the sign code agent. The standard type of gasoline pump bearing thereon, in usual size and form, the name or type of gasoline and the price thereof, shall not be deemed to be in violation of this bylaw. Temporary or moveable signs of any and every type are specifically prohibited.
F. 
Projecting, overhanging signs. A projecting, overhanging sign shall be permitted in the general business area designated as GB-1 and GB-2. These signs shall be limited to one per store occupancy and shall not exceed six square feet per sign space. They must have a clear height of 10 feet (in accordance with the State Building Code) and be erected and secured in such a manner as to preclude their becoming a safety hazard to the public. The Select Board or their agent must be shown or provided with proof of adequate public liability insurance coverage applicable to signs extended over Town property. The Town of Chatham may require possession of the policy.
[Amended 6-12-2021 ATM by Art. 55]
G. 
Signs on Town-owned property. The Select Board or their agent shall have the sole discretion as to the suitability of all signs erected or to be erected on Town-owned property, under lease of private enterprise or otherwise, but all said signs shall conform to the existing sign code.
[Amended 5-13-2013 ATM by Art. 32; 6-12-2021 ATM by Art. 55]
H. 
Signs for shopping centers and plazas. In all general business areas other than GB-1 a shopping center or plaza will be defined as more than one business establishment on the same or adjacent properties using a common parking area and in which the buildings adjacent to the common parking area are not more than 50 feet apart. Shopping centers and plazas as defined herein shall be allowed only one ground sign which may be a ladder-type sign, single- or double-faced, not to exceed a height of 15 feet from natural grade. Said sign may advertise the name of the shopping center or plaza, and each ladder rung may contain the name of one business in the shopping center or plaza, but said business shall be allotted not more than one rung per shopping center or plaza.
I. 
Signs for industrial zones. Industrial zones shall be allowed, in addition to other signs as allowed in general business zones, one ladder-type sign, single- or double-faced, not to exceed a height of 15 feet from natural grade. Said sign may advertise the name of the industrial area, and each ladder rung may contain the name of one business in the zone, but said business shall be allotted not more than one rung per zone.
J. 
Theater signs. Motion-picture theaters, stage and summer theaters shall be permitted, in addition to other permitted signs, a theater marquee in lieu of a projecting, overhanging sign as defined under Subsection F. In addition, there will also be permitted the usual conventional bulletin areas on either side of the main entrance not to exceed six square feet each.
K. 
Awnings and canopies.
(1) 
The lowest portion of any awning shall not be less than seven feet above the level of a sidewalk or public right-of-way. No awning may extend beyond a point 12 inches inside the curbline. There is no limitation on the horizontal width of an awning.
(2) 
The lowest portion of any canopy shall not be less than eight feet above the sidewalk or public right-of-way. No canopy may extend beyond a point 12 inches inside the curbline without approval by the Sign Code Appeals Committee under such terms and conditions as it may require. No canopy shall exceed eight feet in width. There shall be no advertising on any awning or canopy except that the business name may be painted on the vertical portion of the street apron which is geometrically parallel to the building front.
L. 
Direction signs. Wall or ground signs not exceeding one square foot of sign face area may be used for a driveway entrance, exit, or for warning purposes.
M. 
All residences in zones other than residential zones shall have the privileges and restrictions of residential zone regulations under this bylaw.
The following signs may be erected in the residence zones:
A. 
One single- or double-faced sign per dwelling unit which may be erected from the ground or suspended from a post, or attached to the building face, not to exceed two square feet per sign face.
B. 
One single- or double-faced sign per dwelling unit advertising an allowed home occupation or profession shall not exceed six square feet per sign face.
C. 
Ladder-type signs for property owners, group listings in remote residential areas except within 100 feet of a state highway.
D. 
One wall or ground sign, single- or double-faced, not exceeding 18 square feet per sign face area, on the premises of a church, library, school or other public building, giving only the name and nature of the occupancy and information as to the schedule of use or occupancy. In addition, wall or ground signs not exceeding one square foot of sign face area may be used for a driveway entrance, exit, or for warning purposes.
E. 
Sale or rent, single-faced signs erected only on the property to be sold or rented but not placed on trees or rocks and not exceeding six square feet of sign face area per area face and which shall be removed within 48 hours of sale or termination of sale or rental contract.
F. 
Builders, architects, developers and engineers shall be permitted one temporary, single-faced group sign per multiple- or single-unit construction site which shall not exceed 24 square feet of sign face area. These signs shall be removed within 48 hours of issuance of a certificate of occupancy.
G. 
Real estate developers concerned with long-range property development sale shall be restricted to one sign, single- or double-faced, not to exceed 24 square feet in sign face area. Such sign may be located at each appropriate road junction in the project but not nearer than 1,000 linear feet and not in a direct line of sight or visible from each sign as erected. A permit for such sign shall be obtained from the sign agent and a fifty-dollar bond for such sign shall be posted with the Town Clerk. Upon posting the said fifty-dollar bond a one-year permit, renewable at the discretion of the sign agent, shall be issued.
H. 
One ground-type name sign per major entrance of a subdivision not to exceed 18 square feet per sign face and not to exceed a height of 10 feet from natural grade.
Public information signs, including service club, religious, public building, charitable or civic organizations or hospital signs, shall not exceed six square feet per sign face area.
A. 
No person shall post, erect, display or maintain within public view from a highway within the Town limits of Chatham any off-premises billboard signs or other advertising device except as provided for in the rules and regulations for the control and restriction of billboards, signs and other advertising devices promulgated by the Commonwealth of Massachusetts, or as otherwise or further limited herein.
B. 
Signs of the following type, or types closely related to them, except as elsewhere permitted by this code, are specifically prohibited in all zones in the Town of Chatham:
(1) 
Roof signs or display signs placed above or supported on the top of a building or structure;
(2) 
Advertising signs tacked, posted, painted or otherwise attached to poles, posts, trees, sidewalks, curbs or rocks;
(3) 
Banners, streamers and advertising flags;
(4) 
No exposed neon or similar tube type of illumination, including open light bulbs, shall be permitted. Further, no flashing, blinking or rotating lights shall be permitted for either permanent or temporary signs;
(5) 
Internally lighted signs shall be prohibited in all zones. Existing internally lighted signs shall become nonconforming signs as defined below under § 225-10 and shall be brought into conformance within three years from the date on which this amendment became effective (July 5, 1983).
The light from any sign or advertising lights shall be so shaded, shielded or directed or shall be maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect neighboring premises nor the safe vision of operators of vehicles moving on public roads and highways. All lighted signs and advertising lights shall be so shaded, shielded or directed so that they shall not reflect or shine on or into residential structures to an extent that would adversely affect them.
No sign shall be permitted which moves by any means.
Existing signs are defined as those erected before the passage of this bylaw or any amendments thereto, and are classified as one of three categories which are:
A. 
Conforming signs which comply with all provisions of this bylaw.
B. 
Nonconforming signs not meeting the requirements of this bylaw but not expressly prohibited by this bylaw. Such signs shall be considered legal and permitted until they are expressly prohibited by this bylaw. Existing off-premises signs for nonconforming businesses, while not specifically allowed by this bylaw, may be allowed if approved by the Sign Code Appeals Committee. If state approval is required, necessary permits must be obtained. Nonconforming businesses or properties with signs which conform with the provisions of this code, other than by zoning classification, may be issued permits for said signs.
C. 
Illegal signs: existing but prohibited by this bylaw. Illegal signs shall be removed at the direction of the sign agent.
Off-premises directional signs shall meet the following requirements:
A. 
No more than three square feet in area.
B. 
Placed only by permission of the landowner.
C. 
Only permitted for nonconforming businesses in remote residential areas.
D. 
By permit of the sign agent or, if refused, to be referred to the proper authority for appeal.
E. 
Shall contain no more than an arrow and the business name.
No sign shall be erected or attached to any vehicle except for signs applied directly to the surface of the vehicle. The primary use of such vehicle shall be in the operation of the business and not in advertising or identifying the business premises. The vehicle shall not be parked in a public right-of-way for the purposes of advertising.
A. 
No sign shall be erected, altered or enlarged until an application on the appropriate form furnished by the sign agent has been filed containing such information, including photographs, plans and scale drawings, as the sign agent may require and a permit for such erection, alteration or enlargement has been issued by him, and upon response of the Select Board and/or Architectural Review Board such a permit shall be issued only if the sign agent determines that the sign complies with, or will comply with, all applicable provisions of this bylaw.
[Amended 6-12-2021 ATM by Art. 55]
B. 
A schedule of fees for permits may be determined from time to time by the Select Board.
[Amended 6-12-2021 ATM by Art. 55]
C. 
At the discretion of the sign agent substantial changes of sign design, changes of ownership, type or content, or the like, may require a new permit.
In the discharge of his duties the sign agent shall have the authority to enter during normal business hours any building, structure or premises in the Town to enforce the provisions of this code.
All accessory signs shall be incorporated within the body of permitted signs:
A. 
Unless waived by the sign agent, all signs for which a permit is required shall be subject to the following inspections:
(1) 
Footing inspection of all freestanding signs;
(2) 
Electrical inspection of all illuminated signs;
(3) 
An inspection of braces, anchors, supports and connections of wall signs;
(4) 
Site inspection to ensure that the sign has been constructed according to approved application and valid sign permit.
B. 
There shall be no fees charged for permits for signs to be erected by a service club, charitable, civic or religious organization.
C. 
Non-permit signs.
(1) 
Signs bearing the name of the occupant of a dwelling;
(2) 
Real estate signs advertising "For Sale" or "For Rent" not exceeding six square feet;
(3) 
Signs prohibiting trespass, hunting and the like, signs warning of danger such as "High Voltage" and necessary public utility signs;
(4) 
Window signs (see § 225-4B);
(5) 
Street name signs, public or private, and signs erected by the Town, County or Commonwealth;
(6) 
Signs designating historical places or points of interest erected by governmental authority or by a duly chartered historical association or the like;
(7) 
Signs indicating "Entrance," "Exit," "Parking" or the like erected on a premises for the direction of persons or vehicles;
(8) 
Quarter boards attached to buildings that other than commercial or retail establishments;
(9) 
Signs not exceeding one square foot bearing the words "For Sale" and the item price or phone number.
D. 
Accessory and temporary signs requiring permits.
[Amended 5-11-2015 ATM by Art. 33]
(1) 
Tag, yard or garage sales, etc., will require a permit from the sign agent. Only two sign permits per calendar year per residence may be allowed.
(a) 
A maximum of four signs per sale, not to exceed four square feet per sign, erected on their own post will be allowed.
(b) 
Signs may be placed in the Town layout provided that the sign does not obstruct the sight lines for motor vehicles, pedestrian access, and roadside maintenance.
(c) 
Permits are not to be issued more than seven days prior to the sale and signs shall be removed within 48 hours of the sale.
(d) 
A bond of $25 must be posted before a permit is issued. Said bond will be returned if all signs are removed within 48 hours of the sale.
(2) 
Temporary signs, banners and posters, except posters intended for window display, will require a permit from the sign agent.
(a) 
A maximum of four signs per event, not to exceed four square feet per sign, erected on their own posts will be allowed.
(b) 
Signs may be placed in the Town layout provided that the sign does not obstruct the sight lines for motor vehicles, pedestrian access, and roadside maintenance.
(c) 
Permits for these signs are not to be issued more than seven days prior to the scheduled event and signs are to be removed within 48 hours after the event.
(d) 
A bond of $25 must be posted before a permit is issued. Said bond will be returned if all signs are removed within 48 hours of the sale.
(e) 
Signs promoting the election of a political candidate are exempt from these requirements.
A. 
In the opinion of the sign agent, any sign which is or shall become dangerous or unsafe in any manner whatsoever or any sign erected hereafter contrary to the provisions of this bylaw shall be repaired, made safe, made attractive, and in conformity with this bylaw or shall be taken down and removed by the owner, lessor, agent, or occupant of the building, property or land upon which it is placed or to which it is attached.
B. 
The Select Board or their agent shall have the power to order the repair or removal of any sign which in their opinion is or is likely to become dangerous or unsafe, is abandoned, or maintained contrary to this bylaw, after notice shall have been given as herein provided.
[Amended 6-12-2021 ATM by Art. 55]
C. 
The Select Board or their agent shall serve written notice upon the owner, agent or person having control of said sign, directing him to repair or remove the same as the case may be, within a time as stipulated by the sign agent. The maximum time allowed by the sign agent for removal shall not exceed 15 days after receipt of such notice.
[Amended 6-12-2021 ATM by Art. 55]
D. 
In case of failure of such owner or agent or other person having control as aforesaid to comply with such notice, the Select Board shall have the power, under due process of law, to enter upon or into the lands, house or property upon which said sign is erected and to remove or cause the same to be removed.
[Amended 6-12-2021 ATM by Art. 55]
Any vendor or lessor who sells or leases any real property which includes a nonconforming sign has a duty to disclose to his vendee or lessee the time remaining in the amortization or transition period applicable to the sign in question.
A. 
A Sign Code Appeals Committee of five regular members and two alternate members who will serve in the absence of the regular members shall be appointed by the Select Board as required by law.
[Amended 6-12-2021 ATM by Art. 55]
B. 
A person aggrieved by the refusal of the sign agent to issue a permit for the erection of a sign or by any order of the sign agent under this bylaw may appeal to the Sign Code Appeals Committee. The provisions of the Zoning Bylaw as to the time for taking such appeal and as to notice of any hearing thereon to be held and the decision to be rendered by the Board of Appeals shall apply to appeals under this bylaw.
A. 
The Sign Code Appeals Committee, in granting a permit which in any way varies specific requirements of this bylaw, or in granting a permit as otherwise required by this bylaw, shall consider the following criteria before granting such permit:
(1) 
The specific site is an appropriate location for the proposed sign or signs;
(2) 
The proposed sign or signs will not be a nuisance or a hazard to vehicles or pedestrians;
(3) 
The proposed sign or signs will not adversely affect properties in the neighborhood;
(4) 
The special requirements for the permit are in accord with the general spirit and intent of the bylaw.
B. 
An appeal denied by the Sign Code Appeals Committee shall not be resubmitted or acted favorably upon within a period of two years after the date of denial unless the sign agent determines that specific and material changes in the conditions upon which the previous appeal was based have occurred and been presented.
Signs erected by the municipal, county or federal government as may be deemed necessary for their respective functions are exempt from the provisions of this bylaw but are expected to conform to the intent of this bylaw.
Whoever violates any provision of this bylaw shall be punished by a fine not exceeding $100 for each offense. Each day that such a violation continues to exist shall constitute a separate offense. The imposition of a penalty shall not excuse violations and shall not be held to prevent the enforced removal of prohibited conditions where they continue to exist as a violation of this bylaw.
[Amended 6-12-2021 ATM by Art. 55]
Administration and enforcement of this bylaw shall be the authority of the Select Board or their legally appointed representative. Every section of this bylaw and every subdivision or separate part thereof shall be considered as a separate regulation to the extent that if any such section, subdivision or separate part thereof shall be declared ineffective, invalid or unconstitutional it shall not affect the remaining parts of this bylaw.
A. 
Permanent signs. All permanent signs regulated by this bylaw shall be marked with a permanent identification number at the direction of the sign agent.
B. 
Temporary signs. All temporary signs shall be marked by a sticker furnished by the Town sign agent.
The following signs may be erected:
A. 
One single- or double-faced sign per dwelling unit which may be erected from the ground or suspended from a post or attached to the building face not to exceed six square feet per sign face.
B. 
One single- or double-faced sign per property advertising an allowed business use which shall not exceed six square feet per face.
C. 
Properties containing multiple commercial uses may erect one single- or double-faced sign per property, advertising the allowed commercial uses, which shall not exceed eight square feet per sign face nor a height of six feet from the natural grade. In addition, each allowed commercial use may erect one wall sign which shall not exceed one square foot.
D. 
One wall or ground sign, single- or double-faced, not exceeding 18 square feet per sign face area, on the premises of a church, library, school or other public building, providing information as to the schedule of use or occupancy. In addition, wall or ground signs not exceeding one square foot of sign face area may be used for a driveway entrance, exit, or for warning purposes.
E. 
Sale or rent, single-faced signs, erected only on the property to be sold or rented, but not placed on trees or rocks and not exceeding six square feet of sign face area, and which shall be removed within 48 hours of sale or termination of sale or rental contract.
F. 
Builders, architects, developers and engineers shall be permitted one temporary, single-faced group sign per multiple- or single-unit construction site which shall not exceed six square feet of sign face area. These signs shall be removed within 48 hours of issuance of a certificate of occupancy.
G. 
Real estate developers concerned with long-range property development sale shall be restricted to one sign, single- or double-faced, not to exceed six square feet in sign face area, such may be located at each appropriate road junction in the project but not nearer than 1,000 linear feet, and not in a direct line of sight or visible from each sign as erected. A permit for such sign shall be obtained from the sign agent and a fifty-dollar bond and a one-year permit, renewable at the discretion of the sign agent, shall be issued.
H. 
One ground-type name sign per major entrance of a subdivision, not to exceed six square feet per sign face and not to exceed a height of 10 feet from the natural grade.