[Amended 5-16-2001 ATM by Art. 54; 3-17-2015 by Ord. No. 14-066(8)]
Pursuant to the authority conferred upon the Town by MGL c. 93, § 29, and MGL c. 143, § 3, the following is adopted for the signs and advertising devices other than billboards or digital/electronic billboards as defined in § 135-102, which require a special permit and are allowed only within the Billboard Overlay District as described in §§ 135-910-01 through 135-910-05 within the Town of Braintree, under the jurisdiction of the Zoning Board of Appeals. Whereas the objectives of aesthetics and traffic safety in the Town of Braintree are considered substantial governmental interests and serve as an adequate basis for a legitimate regulation of outdoor advertising displays, the Town of Braintree enacts the following bylaw.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 40; 1-8-1990 STM by Art. 12; 5-16-2001 ATM by Art. 54]
For the purpose of this article, the following terms shall have
the meanings indicated:
Any on-premises billboard, sign or other advertising device
that advertises, calls attention to or indicates the person occupying
the premises on which the sign is erected, or the business transacted
thereon, or advertises the property itself or any part thereof as
for sale or to let, and which contains no other advertising matter.
The area of a sign shall be computed as the overall size
of the display, including all backing, frames or casings. A double-faced
sign shall be computed as the area of a single face, provided that
all letters or characters on both faces are identical. Any sign made
up of individual letters or characters shall be computed by multiplication
of the overall length of all letters including spaces between letters
by the average height of the letters or characters.
A commercial area is any area used for commercial uses as
defined under the Zoning Bylaw and shown on the Zoning Map of the
Town of Braintree as most recently amended.
Sign containing advertising designed to promote the sale
of goods or services to the public.
The word "erected" shall include the words attached, built,
constructed, reconstructed, altered, enlarged and/or moved.
Frontage is that portion of a building facing the access
roadway. Access roadway shall be considered the side of a building
to which the street address is applied.
A business facility with associated equipment to repair and
service motor vehicles including, but not limited to, lubrication,
tire changing machinery, diagnostic equipment, etc. This definition
shall not include any specialty store or business that has an incidental
sale of gasoline, such as convenience stores or auto part sales or
car washing facilities or lubrication specialists, etc.
Any area included within a district zoned for general business
as defined under the Zoning Bylaws and shown on the Zoning Map as
most recently amended. It does not include any area within a district
zoned for residential purposes under the Zoning Bylaw as herein defined,
regardless of whether the area is being lawfully used or is available
for such use through a variance granted by the Board of Appeal, or
through a nonconforming use or by any other means.
A sign other than a billboard which does not extend or project
into or over a public way and is supported by one or more uprights
or braces that are in or upon the ground.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A highway business area is an area used for highway business
uses as defined under the Zoning Bylaw and shown on the Zoning Map
of the Town of Braintree as most recently amended.
A sign which is attached to a marquee.
Any sign or other advertising device, whether on premises
or off premises, that does not come within the foregoing definition
of an accessory sign.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
Sign containing any noncommercial message such as civic,
philanthropic, charitable, religious, historic, cultural, recreational,
political, ideological or advocacy messages and time, temperature,
bus stop and traffic signs.
A sign other than a billboard which identifies a use, facility,
or service which is not located on the premises, or identifies a product,
service, activity, event, person, institution or business which either
occurs, is generally conducted, or is sold, manufactured, produced
or offered elsewhere than on the premises where such sign is located.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A sign which is erected and maintained according to the standards set forth in § 135-907 upon the same real property that the business facility or point of interest is located. Such a sign, if commercial, shall advertise only the business, facility, or point of interest conducted thereon, or the sale, rent, or lease of the property on which it is located.
An open space and conservancy area is any area used for open
space conservancy uses as defined in this chapter and shown on the
Zoning Map of the Town of Braintree as most recently amended.
The word "person" shall include one or more individuals,
a partnership, an association or a corporation.
A sign other than a billboard which is affixed to a building
or structure and extends 12 inches or more beyond the building wall,
structure or parts thereof.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A residential area is for residential purposes under the Zoning Bylaw. It includes Districts A, B and C, as defined herein. This definition is applicable only to Article IX, Signs, of this bylaw.
A sign other than a billboard which is erected, constructed
or maintained above the roof of a building and does not project more
than 12 inches beyond the wall line of the building.
[Amended 3-17-2015 by Ord. No. 14-066(9)]
A sign means any structure, display, logo, device or representation
which is designed or used to advertise or call attention to any thing,
person, business, activity, or place and is visible from any public
way. (It does not include the flag, pennant, or insignia of any nation,
state or Town.)[1]
A sign or cloth or other combustible material with or without
a frame, intended for a limited period of display.
A sign which is supported wholly or partially by an exterior
wall of a building and extends not more that 12 inches therefrom.
A sign including display, lettering, logo or advertising message which is attached, painted or posted flat against window glass contained wholly within a window or similar architectural detail or opening on the primary or secondary facade of a building or structure. Such signs shall be allowed as hereinafter provided notwithstanding the provisions of § 135-907, Construction.
[Amended 5-3-1993 STM by Art. 13]
[1]
Editor's Note: The former definition of "Sign Review Board,"
which immediately followed this definition, as amended 10-26-1993
STM by Art. 15, was deleted 1-27-2003 STM by Art. 11A.
A.
Permitted signs in a residential area. No accessory sign shall be
erected or maintained except as permitted herein. On-premises noncommercial
signs may be erected and maintained without license, but subject to
the following regulations. The following signs are permitted:
(1)
One sign displaying the street number or name of the occupant
of the premises, or both, not exceeding one square foot in area. The
sign may be attached to the building or may be on a rod or post not
more than four feet high and at least three feet from the front lot
line.
(2)
One bulletin or announcement board or identification sign for
a permitted nonresidential building or use not exceeding 10 square
feet in area. For churches, synagogues, schools or other institutions,
two bulletin or announcement boards not to exceed 20 feet in area.
Such sign may be located within the required front yard, but no closer
to the front lot line than 1/2 the depth of said required front yard.
(3)
Two signs for a permitted hotel use or permitted nonresidential
use, neither of which may exceed 20 square feet in area.
(4)
One sign in connection with a lawfully maintained nonconforming
use, not exceeding 10 square feet in area.
(5)
One "For Sale" or "For Rent" sign, not exceeding four square
feet in area, and advertising only the premises on which the sign
is located.
(6)
One contractor's sign, not exceeding 10 square feet in area,
maintained on the premises while a building is actually under construction.
(7)
Other temporary signs in connection with the construction or
development of a building or lot, by permit of the Zoning Board of
Appeals, which shall specify limits on the size and number of signs
and length of time to be maintained.
[Amended 5-16-2001 ATM by Art. 54]
(8)
An unlighted temporary real estate sign advertising the rental
or sale of the premises and not exceeding four square feet in area.
(9)
A professional sign not exceeding two square feet in area.
[Amended 5-18-1987 ATM by Art. 29]
(10)
A flagpole projecting from a building and not longer than eight
feet; a roof flagpole not more than 12 feet above the top of the building;
a ground flagpole not exceeding 35 feet in height, for any national,
state or organization colors.
(11)
Signs not exceeding two square feet in area which indicate warnings,
hazards or public conveniences such as trespass, beware of dog, or
rest room signs.
(12)
Any sign requested by any board, commission, department or agency
of the Town designated to be directional or concerned with safety
of the public or a public convenience. Said request shall be filed
in writing with the Zoning Board of Appeals.
[Amended 5-18-1987 ATM by Art. 29; 5-16-2001 ATM by Art. 54]
B.
Prohibition of off-premises commercial signs. All off-premises commercial
signs are prohibited.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 40; 5-3-1993 STM by Art. 13; 5-16-2001 ATM by Art. 54]
A.
Permitted signs. In a general business area, accessory signs and
on-premises commercial signs are subject to the regulations set forth
below.
(1)
Ground signs.
(a)
No ground sign shall exceed 60 square feet in area and 20 feet
in height. The bottom capping of all ground signs shall be at least
30 inches above the ground.
(b)
Not more than one ground sign for each building lot shall be
permitted, unless the Zoning Board of Appeals allows more than the
number of signs herein permitted. Said Board may permit additional
ground signs or of a larger area if it determines that the nature
of the use of the premises, the architecture of the building or the
location with reference to the street is such that additional ground
signs or area thereof should be granted in the public interest. In
shopping malls or other comparable multibuilding commercial centers,
more than one ground sign may be permitted at major street entrances
provided such entrances are more than 250 feet apart.
(2)
Marquee signs.
(a)
No marquee signs shall exceed 150 square feet in area. Such
signs shall not exceed four feet in height nor shall they project
below the fascia of the marquee nor lower than 10 feet above the sidewalk.
(b)
Not more than one marquee sign for each store or building shall
be permitted. A permitted marquee sign shall extend 2/3 of the length
of the building fascia but in no event shall it project beyond the
ends of the marquee.
(3)
Roof signs. No roof signs shall be permitted.
(4)
Projecting signs. No projecting signs which extend over the
public way shall be permitted.
(5)
Wall signs.
(a)
No wall sign shall be more than four feet overall in height
and a wall sign shall not exceed the lesser of 150 square feet or
one square foot in area for each linear foot of frontage for each
business. Wall signs of business occupying other than the first floor
shall not exceed 48 square feet in area.
(b)
Not more than one exterior wall sign for each store or business
shall be permitted, except that if a store or business has a direct
entrance into the store or business on a wall other than the store
front, there may be a secondary wall sign affixed to such wall; however,
no store or business shall have more than two such secondary wall
signs in any event, provided that the total aggregate area of all
such secondary wall signs shall not exceed 50% of the maximum permissible
area allowed above. A directory wall sign identifying the tenants
and occupants of a building affixed to the exterior wall of the building
shall not be included in the foregoing. Such directory wall sign shall
not exceed an area of one square foot for each occupant or tenant.
No wall sign shall be erected to extend above the top of the exterior
wall, nor extend beyond the ends of the wall to which it is attached.
Further the lower edge of such wall sign shall not be lower than nine
feet above the grade line of an immediately adjoining building lot.
(6)
Lease, for rent, construction signs. Any sign designed to advertise for lease and/or for rent shall be restricted to the sizes defined in § 135-904. Only one such sign shall be allowed on any building and will be subject to the provisions of § 135-906. No real estate signage will be allowed for more than six months after permanent signage is granted by the Zoning Board of Appeals. Construction signs may be allowed for the period of time the building is under construction. Size limits of construction signs shall be determined by the Zoning Board of Appeals at the time of application, but no sign larger than 60 square feet shall be permitted. Said signs shall be subject to the times and fees prescribed in § 135-906.
(7)
Window sign.
(a)
Permanent window signs shall not occupy more than 20% of the
total area of the window or other architectural detail or opening
in which they are displayed. If the lettering in such display occupies
more than three inches in height it shall be debited against the total
allowable wall sign area permitted for each business or building facade.
(b)
Temporary window signs shall not occupy more than 15% of the
total area of the window in which they are displayed. Such signs are
considered temporary for the purposes of this section if the sign
is applied or displayed for a limited period.
B.
Prohibition of off-premises commercial signs. All off-premises commercial
signs are prohibited.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 5-3-1993 STM by Art. 13; 5-16-2001 ATM by Art. 54]
A.
Permitted signs. In a highway business area, accessory signs and
on-premises commercial signs are subject to the regulations as set
forth below:
(1)
Ground signs.
(a)
No ground sign shall exceed 150 square feet in area.
(b)
No ground sign shall exceed 35 feet in overall height.
(c)
The bottom capping of any ground sign shall be 24 inches above
ground level.
(d)
No more than one ground sign visible to the major artery for
a lot shall be permitted.
(e)
A sign visible to the major artery shall contain the name and
address of the user of the property and contain no other advertising
material or any commercial message unless specifically authorized
by the Zoning Board of Appeals.
(f)
One ground sign visible to the road or way which provides direct
access to the property may be permitted. Said ground sign shall be
no larger than 60 square feet in area and be no more than 20 feet
in overall height. Bottom capping of sign shall be no less than 24
inches above ground level.
(g)
One secondary ground sign may be permitted by the Zoning Board
of Appeals if it determines that the nature of the use of the premises,
the architecture of the building, or the location with reference to
the street or way is such that additional ground signs should be granted
in the public interest. The total of all ground signs visible to the
access road shall not exceed 150 square feet in area.
(2)
Marquee signs. No marquee signs shall be permitted.
(3)
Roof signs. No roof signs shall be permitted.
(4)
Projecting signs. No projecting signs which extend over a public
way shall be permitted.
(5)
Wall signs.
(a)
No wall sign shall exceed 150 square feet in area.
(b)
No wall sign shall exceed four feet in overall height.
(c)
No wall sign shall be visible to the major highway, if a ground
sign has been permitted.
(d)
A permitted wall sign visible to the major highway shall contain
the name and address of the user of the property and contain no other
advertising material or commercial message unless specifically authorized
by the Zoning Board of Appeals.
(e)
Sign area is further limited to one square foot of signage per
linear foot of frontage. Said frontage shall be the linear feet of
the building which faces the access roadway.
(f)
Wall signs for businesses occupying other than the first floor
may be permitted by the Zoning Board of Appeals. Said permit shall
require the written permission of the owner of the property. Secondary
wall signs shall not exceed 48 square feet in area. No more than two
such secondary wall signs shall be allowed for any building.
(g)
No more than one wall sign for each store or business occupying
a building shall be permitted. The aggregate total of all signage
allowed shall not exceed 150 square feet in area. Sign permit may
be issued only after written permission for said signs is authorized
by the Zoning Board of Appeals.
(6)
Lease, for rent, construction signs.
(b)
No temporary lease or rent sign shall be permitted to display
visibly to the major roadway after any permanent signage is permitted
for the property.
(c)
Temporary lease or rent signs may be displayed and visible to
the access roadway for no longer than six months after permanent signage
is permitted.
(d)
Construction signs may be permitted only for the length of time
the building is actually under construction.
(e)
The size of construction signage and exact wording of said signs
shall be determined by the Zoning Board of Appeals at the time of
application.
(7)
Window sign.
(a)
Permanent window signs shall not occupy more than 20% of the
total area of the window or other architectural detail or opening
in which they are displayed. If the lettering in such display occupies
more than three inches in height it shall be debited against the total
allowable wall sign area permitted for each business or building facade.
(b)
Temporary window signs shall not occupy more than 15% of the
total area of the window in which they are displayed. Such signs are
considered temporary for the purposes of this section if the sign
is applied or displayed for a limited period.
(8)
Billboards and digital/electronic billboards.
[Added 3-17-2015 by Ord.
No. 14-066(10)]
(a)
Billboards and digital/electronic billboards, as defined in § 135-102, shall be allowed within highway business areas which are designated as the Billboard Zoning Overlay District as defined in §§ 135-910-01 through 135-910-05, only by grant of a special permit issued by the Planning Board. The Planning Board may limit the permit for a specific term of years;
(b)
No billboard shall be located more than 100 feet from any interstate
highway layout and shall not be within 300 feet of another billboard;
(c)
All billboards must be permanently affixed to a pedestal or
other main support structure. No portable billboards are permitted.
Billboards shall not be placed on roofs or walls of buildings;
(d)
Exposed back of signs, poles or other support structures must
be painted and maintained in a manner that appropriately blends with
the surrounding buildings and landscape;
(e)
A billboard may be double sided. An individual sign or sign
face shall not exceed 750 square feet in total area on each side and
shall not exceed 15 feet in height and 50 feet in width, as calculated
pursuant to this chapter.
(f)
The top of the billboard shall not exceed 75 feet in height
from the ground.
B.
Prohibition of off-premises commercial signs. All off-premises commercial
signs are prohibited.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 1-8-1990 STM by Art. 12]
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39; 5-16-2001 ATM by Art. 54]
A.
Permitted signs.
(1)
In an Open Space and Conservancy District, no signs will be
permitted except street signs and safety signs designed to inform
the public of hazards, and name and street number for any authorized
building in said district. Any sign in an Open Space and Conservancy
District must be authorized in writing by the Conservation Commission
and permitted by the Zoning Board of Appeals.
B.
Prohibition of off-premises commercial signs. All off-premises commercial
signs are prohibited.
[Amended 5-18-1987 ATM by Art. 29; 5-11-1988 ATM by Art. 39]
A.
Gasoline service stations and repair garages may be permitted signs
subject to the regulations set forth below.
(1)
Service stations or garages located
in a general business area, a highway business area, or an industrial
area may be allowed signs only after review and as permitted by the
Zoning Board of Appeals.
[Amended 5-16-2001 ATM by Art. 54]
(a)
One ground sign containing the logo of the oil company.
(i)
In a general business area said ground sign shall
not exceed 60 square feet in area and shall be no higher than 20 feet
above ground level.
(ii)
In a highway business area, not within the Billboard
Overlay Zone, or industrial area said ground sign shall not exceed
150 square feet and shall be no higher than 40 feet above ground level.
[Amended 3-17-2015 by Ord. No. 14-066(11)]
(c)
One permanently fixed sign advertising lubrication products
not exceeding 12 square feet in area.
(d)
One permanently fixed sign advertising accessories, e.g., tires,
wipers, etc., not exceeding 12 square feet in area.
(e)
One permanently fixed sign advertising services, e.g., lube,
oil change, mufflers, etc., not exceeding 12 square feet in area.
(f)
One wall sign displaying the name and/or company logo on the
building not exceeding 150 square feet or one square foot of signage
per each linear foot of building fronting on a way, whichever is least.
(g)
Any other signage attached to canopies, coverings, pumps, etc.,
authorized by the Zoning Board of Appeals which is designed to assist
or advise the public and required by state law as to the type of product.
Such additional signage shall not exceed 150 square feet in aggregate
total.
[Amended 5-16-2001 ATM by Art. 54]
B.
Prohibition of off-premises commercial signs. All off-premises commercial
signs are prohibited.
[Added 5-14-2002 STM by Art. 14]
Sign regulation. Applicants subject to the Village Zoning Overlay District shall comply with all provisions of the sign regulations as stated in Article IX, §§ 135-901 to 135-911 except for the following:
(a)
Signs defined as "ground signs" shall not exceed 12 feet in
height.
(b)
Signs defined as "window signs" shall not exceed 10% of the
window or other architectural detail.
(c)
Signs defined as "wall signs" shall not exceed two feet in height.
(d)
Sign material should be consistent with the original construction
materials and architectural style of the existing or proposed building
on which each sign is to be displayed.
[Amended 5-16-2001 ATM by Art. 54; 3-17-2015 by Ord. No. 14-066(12)]
Moving, flashing or animated signs are prohibited except for
a minimum of sixty-second intervals needed for the functioning of
a clock, thermometer or calendar. Automatically or manually continuous
changing message signs are not permitted. The source of illumination
for any sign shall be a white, steady, stationary light of reasonable
intensity, shielded and directed solely at the sign, or a white interior
light of reasonable intensity; however, neon tubes or similar devices
are not permitted. No illuminated or spotlighted sign shall extend
over a street nor shall any sign be permitted which will obstruct
the free and clear vision of those traveling on a street. No sign
may be illuminated between 1:00 a.m. and 6:00 a.m., except signs identifying
police or fire stations or other such signs as the Zoning Board of
Appeals may specifically authorize to be illuminated at other hours,
if the Zoning Board of Appeals finds that the nature of the use on
the premises is such that such illumination should be permitted in
the public interest. No outdoor floodlighting or decorative lighting
shall be permitted except lighting designed to illuminate walks, driveways,
doorways, outdoor living areas or outdoor recreational facilities
and excepting temporary holiday lighting in use for no longer than
a four-week period in any calendar year, except for decorative floodlighting
on institutional or historic buildings and on the national and state
colors. The provisions of this paragraph shall apply not only to exterior
signs but also to interior signs that are designed or placed so as
to shine through windows or doors of the building. Billboards, as
permitted pursuant to §§ 135-910-01 through 135-910-05,
may, by special permit, utilize light-emitting diodes (LEDs), plasma
or other technology to automatically change a display or message.
[Amended 5-18-1987 ATM by Art. 29; 5-16-2001 ATM by Art. 54; 1-27-2003 STM by Art. 11D]
Temporary signs which comply with this bylaw are permitted in
all districts as specified herein. Before a temporary sign shall be
erected or displayed, a permit shall be obtained from the Inspector
of Buildings of his designee. A fee of $25 shall be required for such
a temporary sign permit. No temporary signs except political signs
shall be attached to or supported by a portable contrivance, wheeled
or not wheeled. No vehicle, trailer, balloon, kite, boat, pennant,
flag or similar device shall be used as a temporary or permanent means
of exhibiting a sign which may circumvent or derogate from the intent
of this bylaw. Temporary signs shall be freestanding and not attached
to any building, tree, post or other such means. The construction
of the sign or signs shall be to the satisfaction of the Inspector
of Buildings or his designee as to material and public safety.
No sign shall be painted or posted directly on the exterior
surface of any wall, including windows and doors. All signs must be
painted or otherwise securely affixed to a substantial intermediary
removal surface and such surface shall be securely affixed to the
wall of a building. This shall not prevent, however, installation
of a sign by individual letters cut or squarely affixed to the outside
wall of a building. The affixing of the sign to intermediate surface
and of the intermediary surface to the wall of the building shall
be subject to the approval of the Inspector of Buildings.
[Amended 5-18-1987 ATM by Art. 29; 10-26-1993 STM by Art. 15; 5-16-2001 ATM by Art. 54]
A.
Permits. No sign shall be erected on the exterior of any building
or on any land unless and until an application for the erection of
such sign has been filed with the Inspector of Buildings and or the
Code Compliance Officer, with such information and drawings as he
may require, and a permit for the erection of the sign has been issued
by him. The fee for such permits shall be determined from time to
time by the Board of Selectmen of the Town. The provisions of this
section shall not apply to:
(1)
In residential areas, permitted signs, except such as by the
terms of the Zoning Bylaws are permitted only with specific permission
from the Zoning Board of Appeals.
(2)
In business areas, one real estate sign of not over six square
feet in total area advertising the sale or rental of the premises
on which it is located.
(3)
Billboards are only allowed within the Billboard Overlay Zone
as described in §§ 135-910-01 through 135-910-05, by
special permit issued by the Planning Board.
[Added 3-17-2015 by Ord.
No. 14-066(13)]
B.
Appeal. A person aggrieved by the refusal of the Inspector of Buildings
to issue a permit for the erection of a sign or by any order of the
Inspector of Buildings under this bylaw may appeal to the Zoning Board
of Appeals. The provisions of the Zoning Bylaw as to the time for
taking such appeal and as to the notice of and hearing thereon shall
be the same as appeals which are otherwise made under the Zoning Bylaw
to the Zoning Board of Appeal.
(1)
The Zoning Board of Appeals hearing appeals from the refusal of the Inspector of Buildings to issue a permit for the erection of a sign or from the decision of the Inspector of Buildings under this section shall have the right to grant relief from the bulk and dimensional requirements of Article IX, upon a determination that a legitimate hardship, financial or otherwise, exists which specifically relates to the shape, topography, soil condition or uniqueness of the land, building or structure to which the sign is placed or affixed and which does not derogate or detract from the goals and purposes expressed in this article or the Zoning Bylaw.
C.
Enforcement. The Inspector of Buildings is hereby designated as the
officer in charge of the enforcement of this bylaw and the provisions
of the Zoning Bylaw shall apply to this bylaw.
[Amended 5-18-1987 ATM by Art. 29]
A.
Nonconformance of accessory and nonaccessory signs. Accessory signs legally erected before the adoption of this article shall be exempt from its provisions; provided, however, that no such sign shall be permitted if it is, after the adoption of this article, enlarged, redesigned or altered in any way, excluding repainting, except to conform to the requirements of this article and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed 35% of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this article. Any exemption provided in this § 135-909 shall terminate with respect to any sign which:
(1)
Shall have been abandoned;
(2)
Advertises or calls attention to any products, businesses or
activities which are no longer sold or carried on, whether generally
or at the particular premises; or
(3)
Shall not have been repaired or properly maintained within 30
days after notice to that effect has been given by the Inspector of
Buildings. The time for performance of any act required shall be extended
by a period equal to any delay caused by or resulting from act of
God, war, civil commotion, fire, casualty, labor difficulties, shortages
of labor, materials, or equipment, government regulations, act or
default of Town, or other causes beyond such party's reasonable control,
whether such time be designated by a fixed date, fixed time, or otherwise,
provided affected parties give written notice to the Town within 10
days after occurrence of the event giving rise to applicability of
this section. Shortage of funds shall in no event be deemed a cause
for delay.
B.
Notwithstanding Paragraph A, any accessory sign not in conformance with § 135-905 of this article must conform within two years after the adoption of this article.
C.
Notwithstanding Paragraph A, any painted wall sign, roof sign or
projecting sign existing prior to the adoption of this bylaw shall
be brought into conformance with the provisions of this bylaw within
two years after the adoption of this article.
D.
Nonaccessory signs not conforming with the provisions of this article
shall be removed within two years after the adoption of this article.
[Added 3-17-2015 by Ord.
No. 14-066(14)]
The Town of Braintree shall have a designated Billboard Zoning Overlay District (BZOD), as established pursuant to § 135-301 (Districts established), described herein and as shown on the Braintree Zoning Map, as most recently amended and on file in the office of Town Clerk.
[Added 3-17-2015 by Ord.
No. 14-066(14)]
The Billboard Zoning Overlay District is a set of requirements
which are superimposed over the Highway Business Zoning Districts
located along Route 93 and Route 128 as shown on the approved Zoning
Map as the designated Billboard Zoning Overlay District. The BZOD
shall establish reasonable standards in accordance with the following
purpose and intent:
1.
Responsibly address the changing technology of digital displays,
and the Town desires to regulate this technology as applied in the
use of off-premises signage.
2.
To allow new technologies in a designated area while working through
special permit and other means to address the removal of older static
type billboards Town-wide in lieu of new installations.
3.
To regulate the quality, scale and impact of off-premises commercial
billboards in designated receiving areas in order to maintain both
a competitive business market and an aesthetically attractive residential
community.
4.
To encourage the installation of commercial billboards along the
designated highways in accordance with the federal Highway Beautification
Act as most recently amended.
5.
To encourage the siting of commercial billboards and electronic/digital
billboards in such locations that will not cause driver distraction
but can provide public service announcements in emergency situations
for the safety and welfare of the general public.
6.
To preserve the residential character of the Town and protect the
environmental, historic and open space resources of the community
by designating defined areas of location that minimize potential adverse
impacts to the Town.
[Added 3-17-2015 by Ord.
No. 14-066(14)]
The special permit granting authority (SPGA) for §§ 135-910-01
through 135-910-05 of the Zoning Ordinances shall be the Braintree
Planning Board.
[Added 3-17-2015 by Ord.
No. 14-066(14)]
Any installation of an off-premises billboard shall require
special permit approval.
All special permit applications shall be submitted in accordance with the administrative procedures specified under Article V and outlined in MGL Chapter 40A.
[Added 3-17-2015 by Ord.
No. 14-066(14)]
The SPGA shall not render a decision on an application for a
special permit until it has made its findings. Said findings shall
include but not be limited to the following:
1.
Demonstrate compliance with the regulations of the Office of Outdoor
Advertising.
2.
Demonstrate that no residentially zoned property or pre-existing
nonconforming property or other property used for residential purposes,
excluding hotels or motels, is within a one-thousand-foot radius of
the proposed location.
3.
Demonstrate that the proposed location does not adversely interfere
with the use of adjacent properties, including, but not limited to,
increasing noise or vibration, casting a shadow on or causing a flicker
on adjacent properties.
4.
Demonstrate that the proposed billboard is in harmony with or suitable
for the surrounding area and would not do significant damage to the
visual environment. In making the determination, the special permit
granting authority may consider, among other factors, health, safety,
general welfare of the public, the scenic beauty of the area, the
physical, environmental, cultural, historical or architectural characteristics
of the location and area, proximity of the proposed billboard to schools,
or places of worship or open space, architectural characteristics
of the location and area, the structure, height, and size of the sign,
and the number of signs on the premises and in the area where the
billboard is to be located.
5.
No flashing lighting shall be allowed. Flashing shall be defined
as changing natural or artificial light or color effects by any means
except as may occur when panels or messages change on electronic/digital
billboards.
7.
The Planning Board shall determine the amount of annual hours the
billboard shall devote to public service announcements during a calendar
year.
8.
Financial or other compensation to the Town, including but not limited
to removal of existing nonconforming billboards, to mitigate the impact
of the proposed billboard on the Town, in a form and/or amount identified
in an agreement approved by the Office of the Mayor and the Town Solicitor.
The invalidity of any section or provision of this article shall
not invalidate any other section or provision hereof.
The provisions of this bylaw shall not apply to any sign, the
face of which will not exceed 12 inches in height and 18 inches in
width, erected pursuant to the Adopt an Island Program to be administered
by the Board of Selectmen or its designee.
