[HISTORY: Adopted by the Annual Town Meeting
of the Town of Dennis 5-8-2007 by Art. 41.[1] Amendments noted where applicable.]
[1]
Editor's Note: This enactment superseded former
Ch. 151, Signs, adopted 12-1-1987 STM, as amended.
This bylaw is adopted for the regulation of
signs within the Town of Dennis and is intended to serve the economic
interests of the Town as well as the interests of the general public
by preserving and enhancing the natural setting and architectural
expression which characterize the community and to ensure public safety
relative to the use and employment of any sign defined herein. Nothing
in this section is intended to override more restrictive regulations
that may be in place for the Old King's Highway Historic District
or the South Dennis Historic District.
This bylaw shall be known as the "Dennis Sign
Code."
A.Â
No person shall erect or display a new sign for which a sign permit is required under § 151-13 or move, replace, substantially alter or substantially repair an existing sign for which a sign permit is required under § 151-13 without first having obtained such sign permit from the Building Commissioner.
B.Â
No person shall duplicate or replace a missing sign for which a sign permit is required under § 151-13, without first having obtained a new sign permit. Such sign permit shall be granted at no cost to the applicant upon proof of the legal existence of said missing sign.
C.Â
Applications for a sign permit shall be submitted
to the Building Commissioner and be accompanied by scaled drawing(s)
and specifications. The drawing(s) shall include a rendering and shall
show the location of the sign on the premises and the specifications
shall include sufficient information to demonstrate compliance with
the provisions of this bylaw. A record of such applications, drawings
and specifications shall be kept on file in the office of the Building
Commissioner. No sign permit shall be issued unless the application,
drawings and specifications are in all respects in conformance with
this bylaw.
D.Â
A valid sign permit shall be transferable as long
as the sign exists and remains unchanged.
E.Â
All signs requiring a sign permit shall be maintained
in accordance with the regulations set forth in the Massachusetts
State Building Code.
F.Â
A sign permit granted under this bylaw shall lapse
if the permit is not exercised and erected within one year of its
date of issue.
G.Â
The fee for sign permits, inspections and certificates
shall be established by the Select Board. Pre-1991 signs are allowed
but will require a permit. Sign permits for pre-1991 signs shall be
issued by the Building Commissioner at no cost to the applicant upon
satisfactory proof of the legal existence of said sign.
[Amended 10-3-2020 STM by Art. 12]
H.Â
The Building Commissioner will determine within 30
days from the date of filing a complete application for a sign permit
whether to grant or deny the sign permit request. In the case of denials,
the Building Commissioner shall provide, in writing, the basis for
said denial. Failure of the Building Commissioner to act shall be
deemed a denial.
B.Â
Maintaining and removing preexisting nonconforming
signs. Preexisting nonconforming signs may be maintained. Preexisting
nonconforming signs which are altered, relocated or replaced shall
comply immediately with all provisions of this bylaw; provided, however,
that if a preexisting nonconforming sign is involuntarily destroyed
by any cause then the sign must be replaced, in-kind, within 18 months
or the sign shall be subject to all applicable regulations of this
bylaw.
C.Â
Records of preexisting nonconforming signs. The Building
Commissioner shall maintain files of preexisting nonconforming signs,
as follows:
(1)Â
Files of signs erected prior to January 1, 1991, shall
contain documentation evidencing the pre-January 1, 1991 existence
of such signs.
(2)Â
Files of signs erected subsequent to January 1, 1991,
shall contain records of, or documentation evidencing, the issuance
of a sign permit for such signs.
D.Â
Documentation of preexisting nonconforming signs.
(1)Â
Permitted documentation. The documentation referenced in Subsection D shall include photographs, plans, drawings, news clippings, correspondence, affidavits, sworn statements or other materials sufficient to establish, to the satisfaction of the Building Commissioner, that such sign existed prior to January 1, 1991, or that a sign permit was issued for such sign.
(2)Â
Responsibilities of sign owners; compliance date. Any person or entity owning or controlling any preexisting nonconforming sign shall be responsible for providing such documentation to the Building Commissioner. All preexisting nonconforming signs must be in compliance with Subsections C and D no later than December 31, 2010. Thereafter, any preexisting nonconforming sign which does not comply with Subsections C and D shall be prohibited and must be removed.
A.Â
No lighting or illumination shall be permitted to
be used in any way in connection with an illuminated sign unless it
is effectively shielded so as to illuminate the sign surface only
and to prevent beams or rays of light from being directed at any portion
of the traveled way of the public roadway or onto any residential
property, or is of such low intensity or brilliance as not to cause
glare or to impair the vision of the driver of any motor vehicle,
or to otherwise interfere with any driver's operation of a motor vehicle.
B.Â
Underground electrical service. All illuminated freestanding
ground signs shall have underground electrical service unless the
local electric utility will not permit such underground service.
C.Â
Any illuminated sign which is located less than 100
feet from any residential property either must be turned off between
the hours of 11:00 p.m. and 6:00 a.m. or be illuminated by halo lighting.
A.Â
This bylaw shall be administered and enforced by the
Building Commissioner.
B.Â
The Building Commissioner is authorized to inspect
all signs covered under this bylaw and may, for this purpose, enter
upon the premises where such signs are located at all reasonable times.
C.Â
Violations and penalties.
(1)Â
Any person, corporation or entity found in violation
of any provisions of this bylaw shall be punished by a fine in accordance
with the following schedule of fines, and each day that the violation
continues shall constitute a separate offense:
|
Number of Offense
|
Penalty
|
|---|---|
|
First Offense
|
Warning
|
|
Second Offense
|
$50
|
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Third Offense
|
$75
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Fourth Offense
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$100
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Fifth and Subsequent Offense
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$300
|
(2)Â
Notice of violation and procedures pertaining thereto
shall be in accordance with MGL c. 40, § 21D (Noncriminal
disposition).
A.Â
The Board of Appeals established under this bylaw
shall be the Sign Code Board of Appeals.
B.Â
The Board shall be empowered to hear and decide appeals
and petitions for relief pursuant to and concerning interpretations
of this bylaw.
C.Â
Any person or entity aggrieved by a decision, action
or failure to act by the Building Commissioner may appeal such decision,
action or failure to act and/or may petition the Board for relief
as established below. Any such appeal or petition shall be filed within
30 days of the actual notice of the decision, action or failure to
act.
D.Â
The Board must hold a public hearing within 65 days
after the appeal or petition is transmitted to the Board by the Town
Clerk. An appeal or a petition for relief must be acted upon within
75 days after the appeal or petition is filed with the Town Clerk.
Failure of the Board to act within 75 days will result in a constructive
grant of the appeal or petition, subject to judicial appeal.
E.Â
A notice of a public hearing on an appeal or petition
for relief shall be given by publication in a newspaper of general
circulation not less than two weeks prior to the hearing date and
by posting in a conspicuous place in the Town Hall no less than two
weeks prior to the date of such hearing. The notice shall contain
the name of the appellant or petitioner, street address or adequate
identification of the location, the date and time of the hearing and
the nature of the appeal or relief requested.
F.Â
The fee for filing appeals and petitions shall be
established by the Board.
G.Â
The grant of an appeal or a petition for relief from
a decision, action or failure to act by the Building Commissioner
shall require the concurring vote of four members of the Board.
H.Â
Petitions for relief from the requirements of this
bylaw may be granted only upon a finding by the Board that 1) owing
to unusual and distinctive physical conditions of a site or structures
thereon or due to other encumbrances or restrictions, a literal enforcement
of the provisions of this bylaw will impose a substantial hardship
on the petitioner; 2) that the proposed sign will not create a nuisance,
hazard or congestion to vehicular or pedestrian traffic; and 3) that
the proposed sign's size, location, design, color, texture, lighting
and materials will not be detrimental to or derogate from the architectural
and natural setting.
I.Â
Appeals from a decision, action or failure to act
by the Building Commissioner may be granted only upon a finding by
the Board that said decision, action or failure to act was unlawful,
improper or erroneous or constituted an abuse of discretion.
J.Â
When granting appeals or petitions for relief, the
Board may impose reasonable conditions, safeguards and limitations,
both on time and use, including a condition that relief shall expire
upon a change of use, at which time compliance or new relief would
be required. However, a condition based upon a change of ownership
of the business for which the sign is used by the appellant or petitioner
may not be imposed.
K.Â
If the rights authorized by the granted appeal or
petition for relief are not exercised within one year of the grant
thereof, such rights shall lapse. An extension of up to six months
may be granted, for good cause, at the discretion of the Building
Commissioner upon application filed with the Building Commissioner
prior to the expiration date. Once a granted appeal or petition for
relief has lapsed, it may be reestablished only after reapplication
and the granting of a new appeal or petition for relief.
L.Â
No granted appeal or petition for relief nor any extension,
modification or renewal thereof shall take effect until the decision
bears a certification by the Town Clerk that 30 days have elapsed
after the decision was filed with the Town Clerk and that no appeal
has been filed or, if an appeal was filed, that it has been dismissed
or denied.
M.Â
Any person aggrieved by a decision of the Board under
this bylaw may appeal to the applicable court.
All persons charged with the enforcement of
this bylaw shall not be personally liable while acting for the Town,
and they are hereby relieved from all personal liability for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of their official duties.
This bylaw may be amended from time to time
by a majority vote at any Town Meeting.
A.Â
The invalidation of any section or provision of this
bylaw shall not invalidate any other section or provision thereof.
B.Â
When the application of this bylaw imposes greater
restrictions than those imposed by any other bylaws, regulations,
permits, restrictions, easements, covenants or agreements, the provisions
of this code shall control in all cases concerning the regulation
of signs and other advertising devices.
A sign which identifies or provides information pertaining
to a business, lessor, lessee, service, owner, product or activity,
which no longer exists at the premises where the sign is located,
or for which no legal owner can be found.
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A sign which provides information pertaining to, but does
not specifically identify, a business, product or activity, such as,
"open," "closed," "VISA," phone number, website, email etc.
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Advertising placed on the riser or treads of stairs.
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Any principally nonverbal device designed for advertising
purposes, such as balloon signs, caricatures, animals, ice cream cones,
arches, etc.
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Advertising placed on or within a sidewalk.
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A sandwich sign which is connected at the top or bottom.
Any sign which uses actual movement or the illusion of movement.
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A series of arches supported by columns or piers, which may
be attached to a wall or freestanding.
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An area determined by the smallest rectangle enclosing the
extreme limits of a sign, including any form or border but excluding
supports which do not bear advertising. Where a sign consists of individual
letters, symbols or multiple panels (i.e., a multiple-faced sign),
the area shall be considered to be the smallest rectangle which encompasses
all the letters, symbols or panels. Only one face of a double-faced
sign shall be used in computing the area of that sign.
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A roof-like cover, often of fabric, plastic, metal or glass,
designed and intended for protection from the weather or as a decorative
embellishment, and which projects from a wall or roof of a structure.
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A sign attached to or printed upon textile or fabric material
supported by framing and which is attached to a building.
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A type of advertising device consisting of a bag made of
lightweight material supported by helium, hot air, pressurized air
or other gaseous substance having a greatest dimension in excess of
24 inches or containing more than four cubic feet of air.
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Any fabric or similar flexible material containing distinctive
colors or patterns attached at least one end of the material, usually
to a staff or pole, which contains distinctive colors, patterns, symbols,
emblems, insignia or other symbolic devices.
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A stationary revolving light that flashes or projects illumination,
single-color or multicolored, in any manner that is intended to attract
or divert attention; not including any type of lighting device required
or necessary under the safety regulations described by the Federal
Aviation Administration or similar agencies.
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A sign which directs attention to a business, product, service,
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
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A sign designed to be readily relocated, which directs attention
to a business, product, service, or entertainment conducted, sold
or offered either on or off the premises on which the sign is located.
Portable billboard signs also include signs on wheels or on portable
structures such as trailers, tent signs, and normal advertising placed
on motor vehicles designed specifically to be used as mobile billboards.
Portable billboard signs do not include A-frame signs, sandwich signs,
menu signs, and V-shaped signs but may include changeable-copy signs
if they are not permanently attached to a structure.
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The Dennis Zoning Board of Appeals sitting as the Sign Code
Board of Apeals.
The Building Commissioner of the Town of Dennis or his designee.
The portion of a building facing the road or any portion
of a building which has separate businesses and separate egress and
ingress for the public facing a parking lot or another public way.
A roof-like cover, often of fabric, plastic, metal, or glass
on a support, which provides shelter over a doorway.
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A wall-mounted painted or electronic sign attached to or
constructed on the face of a permanent roofed structure covering an
area customarily used for pedestrian circulation.
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A sign on which the characters, letters or illustrations
can be changed or rearranged without altering the face or the surface
of the sign. Changeable-copy signs shall exclude time and temperature
signs. See also "electronic message center."
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A sign identifying an architect, builder, contractor, subcontractor,
material supplier, financing entity or others participating in construction,
design or alteration on the property on which the sign is located.
Said signs may also include a picture of the building under construction.
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Illumination by means of a light source that is external
to the sign being lit.
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A sign identifying entrances, exits, parking areas or other
operational features of premises and/or providing directions for the
safe and/or efficient flow of vehicular or pedestrian traffic. (Directional
or traffic safety signs within public roadway layouts are governed
by the Massachusetts Department of Transportation and Highways Manual
on Uniform Traffic Control Devices.)
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See "abandoned sign."
A sign with two faces or panels, neither of which is visible
at the same time and which, unlike a V-shaped sign, are directly back
to back.
A sign associated with drive-through windows or kiosks and
directed to drive-through traffic.
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A sign on which the characters, letters or illustrations
can be changed automatically or through electronic or mechanical means.
Electronic message centers exclude time and temperature signs. See
also "changeable-copy signs."
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An illuminated sign containing a glass tube filled with neon,
phosphors or other gaseous substance which is bent to form letters,
symbols or other shapes. Exposed neon signs shall include tubes which
are visible either through exposed lighting on the sign face or through
transparent or translucent material from a light source within the
sign. This includes said signs whether or not they are enclosed in
a box or other framing material.
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The area of the entire building front wall, including the
parapet but not the roof.
A sign which contains an intermittent or sequential flashing
light source, but excluding changeable-copy signs, electronic message
centers, animated signs or signs which, through reflection or other
means, create an illusion of flashing or intermittent light.
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A freestanding sign which is supported by one or more uprights
or braces that are in or upon the ground.
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Signs over the entryway to service bays at a gasoline station
or garage.
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See "freestanding ground sign."
Signs located on a freestanding ground sign identifying the
prices per gallon for the fuels sold on site.
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Signs located on top of gasoline pumps identifying the price
per gallon for the fuel sold.
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Signs attached to gasoline pumps identifying acceptable payment
methods or other important information related to the use of the pumps
and sale of fuel.
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Advertising signs located on gasoline islands or above pumps.
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Signs identifying self service, full service islands, etc.
located on gasoline islands or above pumps.
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See "wall signs."
Any sign erected and maintained by a duly constituted government
agency.
Light showing from the back of or from within a letter or
graphic shape out towards the surface that the letter or graphic is
mounted on without having any light visible through the face of the
letter or graphic.
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The vertical distance including landscape features and mounding
measured from the highest point of a sign to the mean ground grade
beneath the sign.
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Any sign or plaque indicating the name of a building, the
date of erection and/or incidental information about its construction,
also known as memorial signs or markers.
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An on-premises sign indicating a business, trade, occupation
or profession conducted at the proprietor's residence or within a
structure accessory to the residence.
A sign which does not meet the requirements of this code
and which has not received legal nonconforming status.
A sign lighted or exposed to artificial light either by lights
on or in the sign or directed towards the sign including halo lighting,
direct/external lighting, indirect lighting, internal illumination,
flashing or intermittent lighting.
Illumination by means of a concealed light source, whereby
all devices are shielded from view by opaque or translucent materials,
and including reflected lighting.
Illumination by means of a light source completely enclosed
by the sign panel(s).
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See "flashing sign."
A freestanding ground sign with two vertical supports and
two or more crosspieces serving as individual signs.
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A sign with flashing visual elements utilizing lighting or
other fiber optics.
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A distinctive emblem, symbol or insignia identifying a particular
product, service, business, activity or entity.
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The cleaning, painting, or repair or replacement of defective
parts of a sign in a manner that does not alter the basic information,
design or structure of the sign.
A sign identifying an architect, builder, contractor, subcontractor,
material supplier or others participating in maintenance on the property
on which the sign is located.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building.
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A sign painted on, attached to, or consisting of interchangeable
letters on the face of a marquee.
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A sign illustrating the menu or specials for an establishment.
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Signs containing more than two faces or panels.
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A sign which identifies or provides information pertaining
to a business, lessor, lessee, service, owner, product or activity
which is not located on the premises where such sign is located.
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A sign which identifies or provides information pertaining
to a business, lessor, lessee, service, owner, product or activity
which is located on the premises where such sign is located.
A sign promoting an "open house."
A wall sign which is applied with paint or similar substance
on the face of a wall; such sign shall be considered a wall sign for
calculation purposes.
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All signs other than temporary signs.
Signs which pertain to the elective process or which constitute
political speech.
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Any sign designed to be moved easily and not affixed to the
ground or to a structure or building.
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Any sign which conformed to the provisions of the Sign Code
Bylaw, if any, at the time it was erected, but does not conform to
the current requirements of this bylaw.
A sign which extends from the wall of a building.
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A sign which exclusively promotes an activity or event of
general interest to the community and which contains no advertising
features.
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Any sign which is used for the sale, lease or rental of real
property.
A sign which provides directions or regulations for the safe
and legal conduct of activities on the premises.
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A sign indicating a name for a residence at the premises
and not advertising any products or services.
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A sign identifying a subdivision, condominium, apartment
complex or other residential development.
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A sign attached to the roof of a building.
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A self-supporting, double-paneled sign, whose panels are
not parallel but which are connected along one edge and separated
along the opposite edge. If connected on a side edge, it is a V-shaped
sign. If connected at the top or bottom, it is an A-frame sign.
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The regular cyclic seasons of the year whether winter, spring,
summer or fall; or special "holiday seasons" such as Christmas, Easter,
etc. Unless otherwise specified, "seasonal" shall refer to the normal
summer tourist season — generally the time period between Easter
and Columbus Day.
An outdoor display for the purpose of celebration of holidays,
or seasons.
A temporary sign used by a business that operates on a seasonal
basis.
Any permanent or temporary board or other device, lettered
or not, bearing an advertisement, announcement or directional information.
The single face of any sign.
A permit issued by the Building Commissioner for the erection,
construction, display, removal, enlargement, alteration, repair or
improvement of any sign.
A sign giving warning, prohibition or instruction, such as
"no hunting," "no turning," "no trespassing" or "beware of dog."
A sign depicting the lot plan of a subdivision.
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A sign which is attached to and smaller than another sign.
A sign used for a limited period of time.
A sign or portion thereof which is designed to illustrate
the current time and temperature.
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A sign suspended beneath a canopy, ceiling, roof or marquee.
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Signs on or affixed to a bus, car, boat, trailer or other
motorized vehicle.
A sandwich sign which is connected at a side edge, with two
panels, neither of which is visible at the same time, and which, unlike
a double-faced sign, are not flush or parallel.
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A sign identifying a vending machine which dispenses goods
and/or services.
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A sign attached parallel to or painted on the wall of a building.
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Any sign placed on, inside or enclosed within a window or
door facing the outside and which is visible from the exterior.
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A sign advertising a yard, barn or garage sale.
[Editor's Note: The table illustrating allowed signs and conditions of use is included at the end of this chapter.]
The following signs are specifically prohibited
in the Town of Dennis:
A.Â
AdStep â„¢.
B.Â
AdWalk â„¢.
C.Â
Animated signs.
D.Â
Balloon signs.
E.Â
Banners and flags with logos or other advertising features, or any other banners and flags not specifically identified in § 151-13.
F.Â
Beacons.
G.Â
Billboard, portable, whether on wheels or with the
wheels removed.
H.Â
Exposed neon signs.
I.Â
Flashing signs.
J.Â
Gasoline stations and garages — gasoline island
advertising signs.
K.Â
Illegal signs.
L.Â
Lightning posters or lighting posters.
N.Â
Off-premises ladder signs, except that off-premises
ladder signs existing as of May 8, 2007 may be maintained and individual
business names on such signs may be changed.
P.Â
Vehicle sign: a sign on an inoperative vehicle or
on a vehicle which is not used in the activities of the business and
parked on public or private property with the primary purpose of providing
advertisement of products or directing people to a business or activity
located on the same or nearby premises. This provision is not intended
to prohibit signs painted upon or applied directly to a vehicle which
is actively used in the regular function of a business, as long as
it is parked within a legal parking space on the site.
Q.Â
Any sign or any direction, name or information attached
to or painted upon trees, fences, stones, sidewalks, utility poles
or curbs, except that historic commemorative markers, house numbers
and residential identification signs may be attached to rocks and
special purpose signs may be attached to trees.
R.Â
No sign or any part thereof shall be within the layout of a public way; or shall obstruct highway vision unless otherwise permitted under § 151-13.
S.Â
Signs with colors which are fluorescent, luminescent
or day-glo type.
T.Â
Any sign emitting sound except drive-through menu
signs.
