[HISTORY: Adopted by the Town Meeting of the Town of Foxborough 11-17-2014 STM by Art. 4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also repealed former Ch. 213, Signs,
adopted as Art. V, Sec. 15(B), of the General Bylaws.
This sign bylaw ("bylaw") is adopted pursuant to the authority
conferred by General Laws Chapter 93, Section 29, and the Town of
Foxborough's Home Rule authority. The purpose of this bylaw is to
protect the public, health, safety and welfare by establishing reasonable
and objective regulations for all signs and other advertising devices
within the Town of Foxborough on public ways or on private property
partially or entirely within public view of a public way or public
park and to create a regular and impartial process by which signs
will be reviewed and permitted. This bylaw is intended to regulate,
restrict, or place limitations on signage to assure that all signs
will be appropriate to the neighborhoods and districts, land, buildings,
or uses to which they are appurtenant; stabilize and reinforce property
values to protect public and private investment; serve the public's
need to be given helpful directions and to be informed of available
products, businesses, and services; protect against traffic and safety
hazards and nuisances to abutters; avoid visual clutter; and preserve
and enhance the natural, historic, and architectural aesthetics of
the Town of Foxborough.
A.Â
Words used in the present tense include the future; words used in
the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular. For any terms
not defined herein, the definition as found in Webster's Unabridged
Dictionary, most recent edition, or as found in the State Building
Code of Massachusetts shall be used.
B.Â
ABANDONED SIGN
ADVERTISING SIGN
ANIMATED SIGN
AREA OF SIGN
AWNING SIGN
BANNER SIGN
BILLBOARD
BOARD OF APPEALS
BUILDING COMMISSIONER
CHANGEABLE COPY (AUTOMATIC)
CHANGEABLE COPY (MANUAL)
COMBINATION SIGN
COMMERCIAL USE
CONSTRUCTION SIGN
CUSTOMARY MAINTENANCE
DIRECTIONAL SIGN
DIRECTORY SIGN
ELECTRONIC SIGN
ERECT
FARM STAND
FLASHING SIGN
FREESTANDING SIGN
FRONTAGE
GENERAL ADVERTISING SIGN
GOVERNMENTAL SIGN
GROUND LEVEL
HEIGHT
HOME OCCUPATION SIGN
IDENTIFICATION SIGN
ILLEGAL SIGN
ILLUMINATED SIGN
INSTITUTIONAL USE
INTEGRATED SIGN PERMIT
LARGE DEVELOPMENT
LOT
LOT LINE
MARQUEE SIGN
MESSAGE BOARD
MONUMENT SIGN
MOVING SIGN
NONCONFORMING SIGN
OFF-PREMISES SIGN
OWNER
PERMANENT SIGN
POLITICAL SIGN
PORTABLE SIGN
PREEXISTING SIGN
PRIMARY SIGN
PROJECTING SIGN
PUBLIC PARK
PUBLIC SERVICE INFORMATION SIGN
PUBLIC WAY
REAL ESTATE SIGN
RESIDENTIAL USE
ROOF SIGN
SETBACK
SIGN
SIGN STRUCTURE
SPECIAL SIGN PERMIT
STADIUM
TEMPORARY OUTDOOR DISPLAY
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
As used in this bylaw, the following terms shall have the meanings
indicated:
A sign that for a period of 90 days is vacant, unoccupied,
or not used, a sign whose message does not have current applicability
to either events or uses (except for any such sign that is located
on a lot that is part of a large development), or a sign that is damaged
and in disrepair. No sign shall be deemed to be an abandoned sign
unless the owner of such sign has received written notice from the
Building Commissioner of such abandonment and has failed to cure such
abandonment by use or repair, as the case may be, within 90 days of
the date of such notice.
A sign that contains subsidiary messages describing products
or services being offered to the public on site.
A sign that depicts action or motion through electrical or
mechanical means. Although technologically similar to flashing signs,
the animated sign emphasizes graphics and artistic display.
The entire area within the outside perimeter of the sign,
including the sign's frame or structure, if any, but exclusive of
sign supports.
A sign with its copy on an overhead shelter, protruding from
the face of a wall, made of any material that is supported by or stretched
over a frame and attached to an exterior wall of a building or other
structure.
A permanent sign composed of lightweight fabric, cloth, paper,
or plastic material that is affixed to a wall, pole, or other structure.
Any outdoor general advertising sign, whether double-faced,
back-to-back, or V-shaped, that is 600 square feet or larger and serves
as a structure or device to advertise, direct or call attention to
any business, commodity, product or service that may or may not be
available on the premises on which such sign is located. An "electronic
billboard" for purposes of this bylaw is a billboard, the face of
which is digitally or electronically projected.
[Amended 5-13-2019 ATM
by Art. 16]
The Board of Appeals of the Town of Foxborough, as established
and organized in accordance with Article II, Section 4, of the Town
of Foxborough General Bylaws.
The duly appointed Building Commissioner of the Town of Foxborough.
Text or messages that are changed electronically.
Sign content that is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
A sign that combines the characteristics of two or more types
of signs defined in this bylaw. A combination sign shall be considered
one sign when determining compliance with the dimensional requirements
set forth in this bylaw.
Any business whose primary purpose is retail or wholesale
trade, any nonprofessional customer service (including, but not limited
to, shoe repair, tailoring, laundry, health club or other for-profit
recreational facility or stadium, photography, or hairstyling), or
customer service office uses (including, but not limited to, banking
establishments, insurance agents, travel agents, or tax return preparers
as well as restaurants, bars, hotels, motels, and theaters).
A temporary sign, erected on the premises on which construction
is taking place during the period of such construction, that indicates
the names of the persons or firms engaged in such project.
Maintenance of a sign that includes, but is not limited to,
repairs of electrical or mechanical components of a sign, painting,
cleaning, changing the message, relettering, refacing, and any safety
improvements approved by the Building Commissioner.
Any sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking entrances, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like.
Any sign containing a list of the names of business establishments
located within a building or building complex.
A window, wall, or other sign that electronically displays
graphics or messages through a marquee, reader board, message center,
or other display area or a sign that changes its message or copy at
intervals by programmable, digital or mechanical processes or by remote
control.
To build, construct, alter, install, relocate, suspend, and
attach any sign, or the painting of new exterior wall signs, but excluding
customary maintenance.
A facility from which agricultural or nursery products produced
on the premises where the facility is located are offered for retail
sale.
Any sign that has intermittent or changing lighting, including
changes in color of the lighting, or illumination with a duration
of less than 10 seconds.
Any sign, exclusive of banner signs that are not affixed
to a building. A freestanding sign, for the purposes of this bylaw,
shall not mean a billboard, marquee sign or monument sign unless otherwise
specifically provided.
The total length of the property line of a parcel bounded
by or abutting a public vehicular right-of-way.
A sign or display that advertises goods, activities, or services
generally not produced or available on a daily basis at the location
of the sign.
A sign erected and maintained pursuant to and in discharge
of any governmental function or as required by any statute, regulation
or Town of Foxborough bylaw.
The average ground elevation within 10 feet measured horizontally
of the sign base. Berms or other unnatural mechanisms to alter ground
elevation to gain additional sign heights may not be considered as
ground level.
The vertical distance between the ground level under a sign
and the highest point of the sign structure.
Any sign that identifies an accessory use on a property in
which the principal use is residential.
A sign that is limited to the name, address and number of
a building, institution, complex or person and other information required
by law.
Any sign for which a valid sign permit has not been obtained
and that is not exempt from the provisions of this bylaw.
Any sign that emanates light either by means of exposed tubing
or lamps on its surface or by means of illumination transmitted through
the sign surface, or that reflects lights from a source intentionally
directed upon such sign.
A nonprofit educational, museum, public, or religious use
(for example, church, public or private library, or school), or a
government-owned or -operated land use or structure used for a public
purpose.
A comprehensive permit inclusive of multiple signs within
a large development, including those that require a special sign permit.
Any lot or lots that collectively contain at least 150,000
aggregate square feet of gross floor area that are within one or more
structures on one or more contiguous lots, and any lot or lots that
are contiguous thereto and that are held in common or affiliated ownership
or control. Such developments may include unimproved lots and lots
separated by a public way. For the purposes of this definition, "control"
can be established by lease, easement, contract, or other enforceable
interest in the underlying lot.
Any parcel of real property.
Front, side, and rear property lines.
A sign structure that is commonly placed at a building or
development entrance, or that is placed at a prominent location within
a development, that displays the name, address, street number, tenants,
or like information, at such site, and that may include a message
board to advertise events or services available at such site or location.
A part or segment of a sign that may display automatic or
manually changeable copy for a period of 10 seconds or longer.
A sign where the entire bottom of the sign is affixed to
the ground.
Any sign or part thereof that physically moves, rotates,
or revolves, or that gives the appearance of any type of motion, excluding
animated signs or message boards.
Any sign that was lawfully in existence, erected and maintained
one day prior to the date that this bylaw or any amendments thereto
took effect but does not comply with the provisions of this bylaw
or any such amendments.
Any sign that advertises or calls attention to any business
or activity that is not located on the same continuous parcel of real
estate on which the sign is located.
A person recorded as such on official records, and including
but not limited to a duly authorized agent, purchaser, devisee or
any person having a vested or contingent interest in the property
in question.
A sign for which a permit has been issued pursuant to the
provisions of this bylaw for the period stated in the permit.
A temporary sign or banner advertising a political candidate,
party, or cause during an election cycle.
A temporary sign designed or constructed in such a manner
that it can be moved or relocated without involving any structural
or support changes.
Any sign that was lawfully in existence, erected and maintained
one day prior to the date that this bylaw or any amendments thereto
took effect and that complies with the provisions of this bylaw and
any such amendments.
The principal sign that is used to identify the name of a
business, institution, or building complex. Primary signs may be freestanding,
marquee, monument, or other types as appropriate.
A sign that is supported by an exterior wall of a building
or other structure and that is constructed and displayed to project
outwardly from the face of the building or other structure so that
both faces of the sign are visible.
Any park, conservation area, reservation, cemetery, or playground
parcel which is publicly owned and available for public use.
Any sign that is publicly or privately owned and that is
intended primarily to promote such items of general interest to the
community as time, temperature and date, atmospheric conditions, public
events, news or traffic control, etc.
A publicly owned roadway as defined by the laws of the Commonwealth
of Massachusetts.
A temporary sign pertaining to the sale or lease of the premises,
or a portion of the premises, on which the sign is located, excluding,
however, "sold by" signs.
Any lot containing a single-family or two-family dwelling
unit. Lots containing multifamily dwellings units with three units
or more shall be considered a commercial use.
Any sign erected upon, against or directly above a roof or
on the top of or above the parapet of a building.
The linear distance as measured from the closest lot line
to the outermost edge of a sign.
Any identification, description, illustration or device,
illuminated or nonilluminated, that is visible from any public way
or is located on private property and within the public view of a
public way or public park and that directs attention to a product,
service, place, activity, person, institution, business or solicitation,
including any permanently installed or situated merchandise, or any
logo, device, object, drawing, poster, display, painting, banner,
billboard, pennant, placard or temporary sign that is designated to
advertise, identify or convey information, with the exception of window
displays and national flags. Signs shall also include all sign structures.
Any structure that primarily supports the vertical load of
a sign.
The permit that is required under this bylaw for those signs
that require approval by the Board of Appeals.
The facility known as Gillette Stadium on the date on which
this bylaw was enacted.
The temporary arrangement of merchandise customarily sold
on the premises outdoors for the specific purpose of advertising.
Outdoor displays can include, but are not limited to, the following:
motorized vehicles, lawn and garden equipment, large recreational
equipment, and outdoor furniture.
A sign displayed for no more than 45 days in a calendar year,
unless otherwise regulated, and that is to be removed after the temporary
purpose has been served, including, but not limited to, for sale,
lease or rental signs, political signs, certain window signs, service
signs, portable signs, special-event signs, construction signs, directional
signs to special or temporary events, and signs of a similar nature.
A sign or graphic image fastened to, painted on, or applied
in any other manner on or to the wall of a building or structure in
such a manner that the wall becomes the supporting structure for,
or forms the background surface of, the sign, and which does not project
horizontally more than 12 inches from such building or structure.
A permanent or temporary sign that is applied or attached
to the interior of a window or is located within three feet of the
interior of the window and that can be seen from the exterior of the
structure.
A.Â
Applicability. This bylaw applies to exterior signs that legally
exist one day prior to the date that this bylaw or an amendment to
this bylaw takes effect and to exterior signs that come into existence
thereafter, and that are visible from a public way or public park,
unless otherwise exempted herein. No sign that is subject to this
bylaw shall be erected without a permit issued by the Building Commissioner,
except otherwise as provided herein.
B.Â
Application procedures.
(1)Â
An applicant seeking to erect, alter, modify, replace or relocate
a sign shall submit to the Building Commissioner a completed sign
permit application, the required application fee, and all supporting
information and materials that the Building Commissioner may require.
The application materials shall specify the building and the dimensions,
colors, attachment methods, method of illumination, and location of
each sign that is the subject of an application, and any other pertinent
information that the Building Commissioner may require. A pre-application
conference with the Building Commissioner is strongly recommended
to ensure complete application submissions.
[Amended 5-13-2019 ATM
by Art. 15]
(2)Â
The Building Commissioner may adopt and from time to time amend rules
relative to the issuance of sign permits and shall file a copy of
said rules in the office of the Town Clerk. Such rules may without
limitation define materials that must be submitted by an applicant
to constitute a complete sign permit application and prescribe the
size, form, contents, style and number of copies of plans and specifications
and the procedure for submission and approval of sign permit applications.
Failure by the Building Commissioner to adopt rules relative to the
issuance of sign permits shall not act to suspend or invalidate the
effect of this bylaw.
(3)Â
A permit application shall be acted upon by the Building Commissioner within 30 days of receipt thereby of a complete permit application. The Building Commissioner may approve or deny any such application, or may refer it to the Board of Appeals. Permit applications for signs that require a special sign permit or an integrated sign permit in accordance with § 213-3C or 213-3D of this bylaw shall be referred to the Board of Appeals. Any permit application that is referred to the Board of Appeals shall be subject to the provisions set forth in § 213-3E, of this bylaw.
[Amended 5-13-2019 ATM
by Art. 15]
(4)Â
A permit shall be issued by the Building Commissioner only if the
sign conforms to this bylaw and other applicable statutes and regulations,
including, without limitation, the bylaws of the Town of Foxborough,
the Commonwealth of Massachusetts Building Code, Department of Transportation
regulations, or other applicable statutes and regulations. The Building
Commissioner in granting a sign permit may impose such reasonable
conditions, restrictions or limitations on the location, number, size,
illumination, condition or materials of the sign as he deems appropriate
in his discretion.
[Amended 5-13-2019 ATM
by Art. 15]
(5)Â
A sign permit shall lapse six months after the issuance of the permit
if construction or installation of the sign has not commenced within
that time period. A new sign permit application must be submitted
if the permit lapses.
C.Â
Special sign permits.
(1)Â
The following sign applications require a special sign permit:
(a)Â
Billboards;
(b)Â
Off-premises signs;
(c)Â
Moving signs in large developments that have frontage on Washington
Street and are located within Sign District 1;
(d)Â
Water tower signs;
(e)Â
Marquee signs that have an electronic component or message board
within large developments that have frontage on Washington Street
and are located within Sign District 1;
(f)Â
Animated signs within large developments that have frontage
on Washington Street and are located within Sign District 1; and
(2)Â
The following factors shall be applied in the consideration of a
special sign permit:
(b)Â
The impact the proposed sign will have on the purpose of this
bylaw, neighboring properties, and the character of the area in which
the proposed sign is to be located;
(c)Â
The location and visibility of the sign from any public way
or public park;
(d)Â
The proximity of the proposed sign to existing signs, including,
but not limited to, the proximity of the proposed sign to similar
signs or signs constructed of similar materials;
(e)Â
The proximity and visibility of the proposed sign to residential
uses;
(f)Â
The nature and condition of other structures or land uses on
the site on which the proposed sign is to be situated and on neighboring
sites;
(g)Â
Any public safety issues or concerns that may be created or
impacted by the proposed sign;
(h)Â
The illumination of the proposed sign, if any, as well as its
size, height, materials, color(s), and other aesthetic considerations;
and
(i)Â
Any benefit that the Town of Foxborough, residents of the Town
of Foxborough, and the general public may realize from the proposed
sign.[1]
[Amended 5-9-2016 ATM by Art. 28]
[1]
Editor’s Note: Former Subsection C(2)(j), added 5-9-2016
by Art. 23, which immediately followed and required consideration
of a demonstrated need for a billboard, was repealed 5-13-2019 ATM
by Art. 16.
D.Â
Integrated sign permits.
(1)Â
An applicant may elect to seek a single integrated sign permit from
the Board of Appeals for multiple signs that are within a large development,
including those signs that otherwise require a special sign permit.
Integrated sign permits may be requested for review of new signs within
a large development periodically, provided that no such request shall
be permitted more than once in a twelve-month period.
(2)Â
New signs reviewed as part of an application for an integrated sign permit shall be subject to consideration of the factors for a special sign permit that are set forth in § 213-3C(2) of this bylaw.
(3)Â
Each sign that is part of an integrated sign permit shall comply
with the requirements for such sign as set forth in this bylaw, unless
otherwise authorized by the Board of Appeals.
[Added 11-15-2021 STM by Art. 8]
E.Â
Special sign permit and integrated sign permit process.
(1)Â
An applicant for a special sign permit or for an integrated sign permit shall submit 10 copies of such application (three copies of which shall contain all required original signatures) and supporting materials to the Building Commissioner to be reviewed thereby as to completeness in accordance with § 213-3E(2). The Building Commissioner shall complete such review within 20 days of receipt of the application, and upon determining that an application is complete, shall provide the application to the Board of Appeals to be filed thereby with the Foxborough Town Clerk.
[Amended 11-15-2021 STM by Art. 8]
(2)Â
A complete application shall include the pertinent application; payment of the required application fee; sign plans as described in § 213-3B(1); a certified plot plan that sets forth the specific location on the subject lot at which the sign that is the subject of a special sign permit application is to be installed, or that sets forth the specific location on the subject lot or lots at which the signs that are the subject of an integrated sign permit application are to be installed; a certified list of abutters within 300 feet of the property lines of the lot or lots on which the sign or signs that is or are the subject of a special sign permit application or of an integrated sign permit application is or are to be installed: and such other information as may be required pursuant to any rules adopted by the Board of Appeals in accordance with § 213-3E(3).
[Amended 11-15-2021 STM by Art. 8]
(3)Â
The Board of Appeals may adopt and from time to time amend rules
relative to the issuance of special sign permits or the issuance of
integrated sign permits and shall file a copy of said rules in the
office of the Town Clerk. Such rules may without limitation define
materials that must be submitted by an applicant to constitute a complete
special sign permit application or a complete integrated sign permit
application and prescribe the size, form, contents, style and number
of copies of plans and specifications and the procedure for submission
and approval of special sign permit applications. Failure by the Board
of Appeals to adopt rules relative to the issuance of special sign
permits shall not act to suspend or invalidate the effect of this
bylaw.
[Amended 11-15-2021 STM by Art. 8]
(4)Â
The Board of Appeals shall commence a public hearing concerning the
pertinent application within 45 days from the date on which a complete
special sign permit application or a complete integrated sign permit
application was filed with the Town Clerk. Notice of the public hearing
shall be provided in conformance with the standards established under
General Laws Chapter 30A, Sections 18-25 (the Open Meeting Law). A
decision to grant a special sign permit or an integrated sign permit,
as the case may be, shall be by a majority vote of the Board of Appeals
(which shall mean a vote to grant the permit by at least two of the
three members of the Board of Appeals).
[Amended 11-15-2021 STM by Art. 8]
(5)Â
A decision of the Board of Appeals shall be in writing and shall
include the Board's reasons for the decision and any conditions that
it may impose and shall be filed in the office of the Town Clerk within
45 days after the close of the public hearing. Duplicate originals
of the decision shall be sent by regular mail to the applicant, the
Planning Board, and any other parties appearing at a hearing requesting
a copy.
(6)Â
Any party aggrieved by a decision of the Board of Appeals may appeal
the decision to a court of competent jurisdiction within 30 days of
its filing with the Town Clerk. A decision will take effect when the
appeal period has lapsed and any appeals, if taken, have been dismissed
or denied.
[Amended 5-13-2019 ATM
by Art. 15]
(7)Â
Special sign permits or integrated sign permits granted by the Board
of Appeals shall be exercised within one year from the date a decision
is filed with the Town Clerk. Special sign permits and integrated
sign permits that have not been exercised may be renewed by the Board
of Appeals once in a two-year time period before a new application
is required.
(8)Â
Approved special sign permits and integrated sign permits that have
been exercised shall be valid for the duration of the lifetime of
the sign that is the subject of such special sign permit or integrated
sign permit. A sign shall be considered a new sign when the structure
of the sign is replaced or otherwise as determined by the Building
Commissioner.
(9)Â
No application for a special sign permit or for an integrated sign
permit that has been denied by the Board of Appeals may be acted upon
within two years of the date of such denial unless the Board of Appeals
determines that there are specific and material changes in the conditions
upon which such denial was based and describes such changes in detail
in the record of its proceedings.
(10)Â
The Board of Appeals in granting a special sign permit or an
integrated sign permit may impose such reasonable conditions, restrictions
or limitations on the location, number, size, illumination, condition
or materials of the sign for which a special sign permit is requested
or any of the signs for which an integrated sign permit is requested
as it deems appropriate in its discretion. The Board of Appeals, in
granting a special sign permit application for an electronic billboard
or to alter a static billboard by converting it to an electronic billboard,
or in granting an integrated sign permit that includes a request to
erect an electronic billboard or to alter a static billboard by converting
it to an electronic billboard, shall require as a condition to any
such permit an executed mitigation agreement by and between the applicant
and the Town of Foxborough Select Board or the authorized designee
thereof.
[Amended 5-13-2019 ATM
by Art. 16; 1-30-2023 STM by Art. 1]
(11)Â
The Board of Appeals in granting a special sign permit to erect
a billboard or water tower signage, or in granting an integrated sign
permit that includes a request to erect a billboard or water tower
signage, shall require a bond or other, financial surety to pay the
cost of the future removal of any such sign in the event of abandonment.
F.Â
Modifications. Any sign for which the Board of Appeals has granted
either a special sign permit or an integrated sign permit, or any
preexisting sign or nonconforming sign, may at the discretion of the
Building Commissioner and with the written approval of the Building
Commissioner be altered, refaced, relettered or relocated, provided
that:
(1)Â
The customary maintenance of any sign shall not require the approval
of the Building Commissioner.
(2)Â
Any alteration that includes, but is not limited to, significant
alterations to illumination mechanisms, building materials and/or
structure, digitization, illumination, and/or increase in sign area
or dimension, shall be subject to review and approval by the Board
of Appeals at the discretion of the Building Commissioner.
[Amended 5-13-2019 ATM
by Art. 15]
(3)Â
Any alteration or relocation that requires additional relief under
this or any other bylaw shall be subject to review and approval by
the Board of Appeals.
(4)Â
Any alteration that involves the replacement of an existing sign,
including any preexisting sign and any nonconforming sign, shall be
considered a new sign and shall be required to conform to the provisions
of this bylaw, including, but not limited to, any requirement to obtain
a permit or a special sign permit for such sign, as the case may be.
[Added 5-13-2019 ATM
by Art. 15]
(5)Â
Any party aggrieved by the decision of the Board of Appeals may file
an appeal to a court of competent jurisdiction within 30 days of its
filing with the Town Clerk.
[Added 5-13-2019 ATM
by Art. 15]
G.Â
Appeals of the Building Commissioner's decision to approve or deny
a sign permit application.
(1)Â
An appeal to the Board of Appeals of a decision of the Building Commissioner
to approve or deny a sign permit application shall be filed with the
Town Clerk within 30 days of the date of such decision.
[Amended 11-15-2021 STM by Art. 8]
(2)Â
The Board of Appeals may review the decision of the Building Commissioner
only for conformance with this bylaw and any applicable statutes,
regulations and other bylaws.
(3)Â
A public hearing shall be opened at the Board of Appeals within 65
days from the date of filing of an appeal application with the Town
Clerk. Notice of the hearing shall be provided in conformance with
the standards established under the Massachusetts General Laws Chapter
30A, Sections 18-25 (the Open Meeting Law). A decision by the Board
of Appeals to overturn the Building Commissioner shall be by unanimous
vote (which shall mean a vote by each of the three members of the
Board of Appeals).
(4)Â
A decision of the Board of Appeals shall be in writing and shall
include the Board's reasons for the decision and any conditions that
it may impose and shall be filed in the office of the Town Clerk within
45 days after the close of the public hearing. A duplicate original
of the decision shall be sent by mail to the appellant and any other
parties appearing at a hearing requesting a copy.
(5)Â
Any party aggrieved by the decision of the Board of Appeals may file
an appeal to a court of competent jurisdiction within 30 days of the
date on which such decision is filed with the Town Clerk.
[Amended 11-15-2021 STM by Art. 8]
(6)Â
No appeal of a decision of the Building Commissioner to deny a sign
permit application that has been upheld by the Board of Appeals may
be acted upon within two years of the date of the decision by the
Board of Appeals unless such Board determines that there are specific
and material changes in the conditions upon which such denial was
based and describes such changes in detail in the record of its proceedings.
[Added 5-13-2019 ATM
by Art. 15]
H.Â
Fees. Fees for sign permits, special sign permits, integrated sign
permits, appeals, and any other fees shall be imposed in accordance
with the schedule of permit fees that is issued by the Select Board.
[Amended 1-30-2023 STM by Art. 1]
I.Â
Enforcement. The Building Commissioner shall enforce the provisions
of this bylaw.
(1)Â
Any sign may be inspected by the Building Commissioner for compliance
with this bylaw and other applicable requirements of law.
(2)Â
The Building Commissioner may order the removal of any sign erected
or maintained in violation of this bylaw by providing written notice
to the owner or operator of the noncomplying sign or owner or operator
of the property on which any such sign is located. The offending sign
shall be removed or brought into compliance with this bylaw within
30 days of any such order.
J.Â
Assignments, etc. No permit, special sign permit or integrated sign
permit that has been issued or granted pursuant to this bylaw may
be assigned, transferred or otherwise conveyed by the owner of such
sign without the prior written authorization of the Building Commissioner
in the case of a sign for which a permit was issued thereby, or of
the Board of Appeals in the case of a sign for which a special sign
permit or an integrated sign permit was issued by such board.
[Added 5-13-2019 ATM by Art. 15[2]]
[2]
Editor's Note: This article also redesignated former Subsection
J as Subsection K.
K.Â
Penalties.
(1)Â
Any sign owner or operator and/or owner or operator of property on
which a sign is located who violates or permits a violation of this
bylaw or of any permit issued pursuant to this bylaw shall be punished
by a fine of $100 per violation. Each day a violation exists shall
constitute a separate offense.
(2)Â
As an alternative to initiating criminal proceedings, this bylaw
or any permit issued pursuant to this bylaw may be enforced pursuant
to the noncriminal disposition procedure set forth in MGL c.40, § 21D,
in which case the penalty shall be $100 per violation. Each day a
violation exists shall constitute a separate offense. The enforcing
person shall be the Building Commissioner or his agent.
(3)Â
This bylaw or any permit issued pursuant to this bylaw may also be
enforced by injunction issued by any court of competent jurisdiction,
including, without limitation, restraint by injunction of violations
or by such other court decrees as justice and equity may require.
The Town of Foxborough shall be divided into the following three
sign districts as identified on Map 15-1:[1]
A.Â
Sign District 1: those lots that have frontage on Washington Street
(US Route 1), or within large developments that have frontage on Washington
Street (US Route 1). Lots within large developments that are also
within the Residential-Agriculture (R-40) Zoning District, as also
identified on the Town of Foxborough Zoning Map, shall be considered
part of Sign District 2.
B.Â
Sign District 2: those lots not otherwise located in Sign District
1 or Sign District 3.
C.Â
Sign District 3: those lots located either partially or entirely
within a one-thousand-foot radius of the perimeter of the Foxborough
Town Common.
[1]
Editor's Note: Map 15-1 is included as an attachment to this chapter.
A.Â
Permitted signs.
(1)Â
Table of Permitted Signs.
[Amended 1-30-2023 STM by Art. 9]
Table 1: Permitted Signs
| ||||
---|---|---|---|---|
Key:
| ||||
Y – Allowed w/Sign
| ||||
N – Prohibited
| ||||
SSP – Special Sign Permit
| ||||
Sign District
| ||||
1
|
2
|
3
| ||
Type of Sign
|
Commercial Uses
|
Large Developments1
| ||
Animated
|
N
|
SSP
|
N
|
N
|
Awning
|
Y
|
Y
|
Y
|
Y
|
Banner
|
Y
|
Y
|
Y
|
Y
|
Billboard
|
SSP
|
SSP
|
SSP2
|
N
|
Combination
|
Y
|
Y
|
Y
|
Y
|
Electronic
|
Y
|
Y
|
Y
|
N
|
Directory or identification
|
Y
|
Y
|
Y
|
Y
|
Freestanding
|
Y
|
Y
|
Y
|
Y
|
General advertising
|
Y
|
Y
|
N
|
N
|
Marquee3
|
N
|
Y
|
N
|
N
|
Message board
|
Y
|
Y
|
Y
|
Y
|
Monument
|
Y
|
Y
|
Y
|
Y
|
Moving
|
N
|
SSP
|
N
|
N
|
Off-premises
|
SSP
|
SSP
|
SSP
|
SSP
|
Portable
|
Y
|
Y
|
N
|
Y
|
Projecting
|
Y
|
Y
|
N
|
Y
|
Roof
|
N
|
Y
|
N
|
N
|
Wall
|
Y
|
Y
|
Y
|
Y
|
Water tower
|
SSP
|
SSP
|
N
|
N
|
NOTES:
| |
---|---|
1
|
That have frontage on Washington Street.
|
2
|
Electronic billboards are permitted in Sign District 2 pursuant to § 213-6B(2)(c) with respect to lots that are specifically described in § 213-6B(2)(c)[1]. Static billboards are not permitted in such sign district.
|
3
|
Marquee signs with electronic components or message boards require
an SSP.
|
B.Â
Prohibited signs. Any sign not listed as a permitted or allowed sign
in this bylaw, and any sign specifically designated in this section
as prohibited, is a prohibited sign. The following signs are specifically
designated as prohibited signs:
(1)Â
Flashing, moving, rotating or revolving signs or lights, with the
exception of barber poles and holiday decorations, are prohibited
in all sign districts except when such signs are located in large
developments that have frontage on Washington Street and are located
within Sign District 1.
(2)Â
Any sign or its illuminator that is erected or maintained that could
be confused with, or obstruct the view of, any official traffic sign,
signal, or traffic marking due to the location, size, shape or color
of the sign.
(3)Â
Any illuminated or reflective sign that by reason of its illumination
mechanism causes excessive glare that creates a disturbance on any
portion of a public way or lot upon which the sign or illuminator
is not located.
(4)Â
Pennants, ribbons, streamers, spinners, balloons, strings of lights
not associated with a specific holiday or religious event, and flags
other than those identifying a nation, state, city, town, or institutional
organization, unless otherwise exempted by this bylaw.
(5)Â
Roof signs other than those roof signs that are allowed in large
developments that front on Washington Street in Sign District 1.
(6)Â
Political signs exceeding one sign per candidate per road frontage
or within 10 feet of the street line.
(7)Â
Illegal and abandoned signs.
C.Â
Exempt signs. The following types of signs do not require a permit
under this bylaw but must be in conformance with all other requirements
of this bylaw and any applicable statutes, regulations and other bylaws:
(1)Â
Identification signs not exceeding four square feet in area.
(2)Â
Street identification, traffic and governmental signs and control
devices required by any statute, regulation, bylaw or other legal
requirement.
(3)Â
Directional signs on the interior of private property, provided such
signs do not exceed six square feet if they are visible from a public
way.
(4)Â
Accessory signs identifying such uses as parking, no parking, handicap
access, etc., which do not exceed two square feet in area for each
such sign, except that such signs may contain advertising and general
advertising messages provided the entire sign does not exceed seven
square feet in area per face in large developments that front on Washington
Street in Sign District 1.
(5)Â
Nonilluminated and illuminated open/closed business signs not exceeding
two square feet in area.
(6)Â
Construction signs not exceeding 32 square feet in area on any one
lot. In the case of construction of a house on a lot not part of a
subdivision or other larger development, a temporary construction
sign may not be larger than six square feet in area. All construction
signs shall be removed within 30 days of the completion of construction.
(7)Â
Real estate signs not exceeding six square feet in area.
(8)Â
Political signs not exceeding one sign per candidate per frontage
on a public or private way.
(9)Â
Any Massachusetts state inspection station identification sign, provided
the sign is at a height that does not exceed 10 feet and is located
on the building facade of the motor vehicle service station.
(10)Â
Holiday or special events decorations for and during the particular
holiday or event to which the signs relate or symbolize, unless otherwise
prohibited by this bylaw.
(11)Â
Temporary signs.
(12)Â
Security or warning signs.
(13)Â
Official permanent public information signs, memorial signs,
building names, erection dates or similar information.
(14)Â
Historic site plaques and markers.
(15)Â
Signs and markers in cemeteries designating graves and memorials.
D.Â
Signs in all districts.
(1)Â
The area of a sign shall be measured from the outside perimeter of
the sign, including the sign frame or structure, if any, and shall
be exclusive of sign supports. For signs that have individual letters
that are mounted directly upon a wall, area shall be measured using
a rectangular (or other common geometric shape) perimeter around all
lettering, wording, and accompanying designs and symbols. If the sign
consists of more than one section or module, all areas shall be counted
toward the total sign area. If the sign contains two faces that are
parallel or within 14° of parallel, only one face shall be counted
in computing the area of a sign. If the sign contains more than two
faces, then all faces shall be counted in computing the area of a
sign.
(2)Â
All signs shall be maintained in good and safe condition. The Building
Commissioner may order the immediate removal of any sign deemed to
create an unsafe or hazardous condition. Any sign removed due to unsound
or unsafe condition shall only be replaced with a sign conforming
to this bylaw.
(3)Â
Abandoned signs are prohibited, and removal of any such sign, its
structure, and associated mechanical or electrical equipment shall
be the responsibility of the owner or operator of the sign or the
owner or operator of the premises.
(4)Â
All awnings shall have clearance in height of at least seven feet
six inches from ground level. Awnings may not be internally illuminated,
and no sign(s) may be suspended from an awning.
(5)Â
Window signs are allowed for nonresidential uses, provided that no
more than 25% of the total square footage of a window is covered by
any such sign at any one time. Window signs shall be considered temporary
signs unless they are permanently painted or affixed to the window
or illuminated.
(6)Â
Temporary signs, exclusive of real estate, political and construction
signs, shall be visible for a time not to exceed a total of 30 days
in a twelve-month time period unless otherwise regulated in this section.
(7)Â
Illuminated signs shall be lit by steady light through the use of
internal illumination or top-down lighting to the greatest extent
practicable. Lights for externally illuminated signs may not be ground-mounted
unless specifically authorized by the Building Commissioner or as
authorized pursuant to a special sign permit or an integrated sign
permit.
(8)Â
Automatic message boards and billboards shall not be animated signs.
Instant message changes are permissible. Signs with automatic changeable
copy shall not be animated signs, nor shall they display more than
one message every 10 seconds.
(9)Â
[2]Farm stands may have one freestanding sign and one wall
sign on each side of the structure facing a public way, provided that
no such sign is a general advertising sign or otherwise is used for
general advertising purposes.
[2]
Editor’s Note: Former Subsection D(9), which required
electronic signs to be subsidiary to a primary sign unless exempted,
was repealed 5-13-2019 ATM by Art. 15
(10)Â
One freestanding sign or monument sign not exceeding 12 square
feet in area may be allowed at the entrance of a residential subdivision
or multifamily housing complex. Such signs may be externally illuminated
by spotlights and shall be set back at least 10 feet from the lot
line.
(11)Â
Lots on which an approved home occupation is located may have
one freestanding sign that is not larger than three square feet in
area or that exceeds six feet in height. Home occupation signs shall
be set back at least 10 feet from the lot line and may not be illuminated.
(12)Â
Any residential identification sign other than an approved home
occupation sign shall be limited to three square feet in area and
six feet in height.
(13)Â
Institutional uses are allowed to have (i) one wall sign and
(ii) one freestanding sign, marquee sign or monument sign (which such
signs may include an electronic message board that displays public
service information and information concerning the activities, events
or services that are available or provided at the location of the
institutional use). Such signs are subject to the dimensional requirements
applicable to commercial uses in the sign district in which the institutional
use is located.
[Amended 5-13-2019 ATM
by Art. 15]
(14)Â
Gasoline stations and automobile service facilities shall be
subject to the following sign provisions:
(a)Â
In addition to signs allowed within each sign district, gasoline
stations and automobile service facilities may maintain two product
identification signs to be placed or mounted only on the wall(s) of
the building in which such facility is located. Each such sign shall
not exceed eight square feet in area.
(b)Â
One freestanding sign bearing the gasoline station name and
gasoline prices, not to exceed 40 square feet in area and 20 feet
in height, is permitted. Signs setting forth gasoline prices may be
electronic.
(c)Â
The standard-type gasoline pump bearing the name(s) or type(s)
of gasoline dispensed from such pump, the gasoline price(s), and safety
precautions shall not be considered signs.
(d)Â
No signage may be installed on any gasoline pump canopy in Sign
District 3. Signs on gasoline pump canopies shall not be illuminated.
(15)Â
Governmental signs are subject to the dimensional requirements
applicable to commercial uses in the sign district in which the governmental
sign is located.
[Added 5-13-2019 ATM by Art. 15[3]]
[3]
Editor's Note: This article also redesignated former Subsection
D(10) through (15) as Subsection D(9) through (14), respectively.
(16)Â
Any nonprofit entity that is a place of assembly, the principal
purpose of which is the performance and display of cultural events
and the arts, is authorized pursuant to a special sign permit to have
one electronic message board that faces a public way, provided that
(i) only information concerning the programs and events performed
and held at such location and public service information requested
by the Town of Foxborough may be displayed on such sign; (ii) such
sign shall be situated on the premises at which such programs and
events are performed and held; (iii) the colors of the message board
shall be restricted to a white background with black lettering or
a black background with white lettering; and (iv) such sign shall
be subject to the dimensional requirements that are applicable to
commercial uses for that type of sign in the sign district in which
such sign is located.
[Added 5-13-2019 ATM
by Art. 17]
A.Â
The following regulations and dimensional requirements apply to all
signs in Sign District 1:
(1)Â
Table of Dimensional Requirements (except as set forth otherwise
in this bylaw).
[Amended 5-13-2019 ATM
by Art. 16; 1-30-2023 STM by Art. 9]
Table 2: Sign District 1 Dimensional Requirements
| ||
---|---|---|
Type of Sign
|
Commercial Uses
|
Large Developments1
|
Banner
|
Max. area: 20 square feet
Max. number: 1 per building entrance facing Route 1
|
Max. area: 20 square feet
Max. number: 1 every 50 linear feet if visible from Route 1
|
Billboard2
|
Max. area: 672 square feet
Max. height: 50 feet
Min. separation: See Note 2
|
Max. area: 672 square feet
Max. height: 50 feet
Min. separation: See Note 2
|
Directory or identification
|
Max. area: 30 square feet
Max. height: 12 feet (if freestanding)
|
Max. area: 200 square feet
Max. height: 40 feet
|
Freestanding in addition to the primary sign
|
Max. area: 100 square feet
Max. height: 26 feet
Max. number: 1 per vehicular ingress/egress
Min. setback: 10 feet
|
Max. area: 400 square feet
Max. height: 60 feet
Max. number: 2 per vehicular and/or pedestrian ingress/egress
Min. setback: 10 feet
|
Marquee
|
N/A
|
Max. area: 1,950 square feet
Max. height: 60 feet
Max. number: 1
|
Message board/combination sign
|
Max. area: 40% of total area of the sign
|
Max. area: 40% of total area of the sign
|
Monument sign
|
Max. area: 100 square feet
Max. height: 8 feet
Min. setback: 10 feet
|
Max. area: 200 square feet
Max. height: 12 feet
Min. setback: 10 feet
|
Off-premises sign
|
As determined by Board of Appeals
|
As determined by Board of Appeals
|
Portable
|
Max. area: 20 square feet
Max. number: 1 per building entrance
|
Max. area: 20 square feet
Max. number: 1 per building entrance
|
Roof
|
N/A
|
Max. height: 20 feet above the roof
|
Primary sign
|
Max. area: 100 square feet
Max. height: 26 feet
Max. number: 1 per vehicular ingress/egress
Min. setback: 10 feet
|
See marquee sign above
|
Projecting
|
Max. area: 12 square feet
Max. number: 1 per building entrance visible to Route 1.
|
Max. area: 12 square feet
Max. number: 1 per building entrance visible to Route 1
|
Wall or awning
|
Max. area: 20% of the area of a wall or 200 square feet, whichever
is less
Max. number: 1 per building entrance visible to Route 1
|
Max. area: 40% of the area of a wall
|
Water tower sign
|
As determined by Board of Appeals
|
As determined by Board of Appeals
|
NOTES:
| |
---|---|
1
|
That have frontage on Washington Street.
|
2
|
Billboards not exceeding 672 square feet in sign area and a
maximum height of 50 feet are allowed, provided that no electronic
billboard is placed within a one-thousand-foot radius of another such
electronic billboard, or within a five-hundred-foot radius of a static
billboard, and provided that no static billboard is placed within
a five-hundred-foot radius of another static billboard. Billboards
must be set back at least 10 feet from the lot line. Billboards set
back at least 100 feet from the lot line may be 25% larger in area
and 15% taller than the dimensions established in Table 2. Billboards
set back 350 feet from the street line may be 50% larger in area and
25% taller than the dimensions established in Table 2. Billboards
that are permitted in Sign District 1 may be installed only on lots
that have frontage on Washington Street.
|
(2)Â
Additional sign district regulations.
(a)Â
Billboards may be used as general advertising signs but not
as advertising, identification, or public service information signs.
Billboards shall not contain moving content or video, and shall not
change images more than once every 10 seconds.
[Amended 5-13-2019 ATM
by Art. 16]
(b)Â
General advertising signs are only permitted on billboards,
provided that billboards may display public service information subsidiary
to such general advertising purposes.
[Amended 5-13-2019 ATM
by Art. 15]
(c)Â
Freestanding signs may be combination signs, including message
boards with automatic or manual changeable copy.
(d)Â
Temporary outdoor displays are allowed, provided they are set
back at least 50 feet from the front lot line and are removed after
45 days.
(e)Â
Any sign in the sign district may be an illuminated sign, provided
the sign does not cast objectionable glare onto residential uses.
(3)Â
Signs in large developments that front on Washington Street are governed
by and subject to the following sign district regulations:
(a)Â
Lots located within large developments may utilize billboards
or any other signs for the purpose of advertising, general advertising,
identification, or public service information signs.
(b)Â
One freestanding marquee sign is allowed per large development.
A portion of any such marquee sign may include an electronic sign,
provided that the portion of such marquee sign that is electronic
shall require a special sign permit.
(c)Â
In addition to those freestanding signs located at ingress and
egress points, additional freestanding signs are permitted at the
interior of the site by special sign permit or by integrated sign
permit, provided that, except as otherwise allowed in this bylaw,
any such sign is installed at least 100 feet away from any other freestanding
sign (including any billboard) and does not exceed 40 feet in height
and 200 square feet in sign area.
(d)Â
In addition to the other freestanding signs allowed in large
developments in accordance with this bylaw, additional freestanding
signs, including multi-sided kiosk-style signs, shall be allowed by
special sign permit or by integrated sign permit without restriction
as to the number of such signs on lots within large developments,
provided that:
[1]Â
No such additional signs shall be allowed within 100 feet of
Washington Street;
[2]Â
Any such additional sign that is located greater than 100 feet
and less than 350 feet from Washington Street shall not exceed 26
feet in height and 100 square feet in sign area per side;
[3]Â
Any such additional sign that is located not less than 350 feet
from Washington Street shall not exceed 40 feet in height and 400
square feet in sign area per side; and
[4]Â
Any such additional signs shall not be primarily for viewing
by vehicular traffic on Washington Street. In addition to the foregoing
signs, freestanding three-dimensional signs, including cylindrical
signs, shall be allowed, provided that any such signs shall be located
not less than 350 feet from Washington Street.
(e)Â
Wall signs are permitted on all buildings or permanent structures,
provided the buildings or structures are not less than 75 feet from
Washington Street and comply with the following requirements:
[1]Â
Any wall sign attached to the stadium shall not be in the aggregate
greater than 40% of the total wall area of the stadium and any structures
attached to the stadium. Wall signs identifying the stadium or building
name may project 20 feet above the roof of the stadium, training or
retail buildings, provided that the sign area of any such wall signs
shall be aggregated with all other wall signs and shall be subject
to the maximum sign area as set forth in Table 2;[1]
[2]Â
Wall signs attached to any non-stadium building shall not be
greater than 20% of the wall area, unless the building is located
at least 300 feet away from Washington Street, in which case the sign
area may not be greater than 30% of the wall area.
(f)Â
Roof signs shall be allowed on the stadium, any permanent structure
attached to the stadium, and any other building or permanent structure
that is located on the lot(s) on which the stadium is located or any
lot that is accessory thereto. Such signs shall not be subject to
the requirements of this bylaw, provided that:
[1]Â
Only those signs that identify the name of the stadium shall
be allowed on the roof of the stadium, and any such roof sign shall
not extend above the higher of the top of the light towers on the
stadium and 20 feet above the stadium's roof;
[2]Â
Any roof sign on any permanent structure attached to the stadium
shall not extend greater than 20 feet above the roof of such structure,
training facility or retail building;
[3]Â
The sign area of roof signs on the stadium and on permanent structures attached to the stadium, when aggregated with the wall signs on the stadium and such attached structures, shall not exceed the applicable sign area limitations of § 213-6A(3)(d) above;
[4]Â
Only horizontal roof signs that are visible primarily from above
shall be allowed on the roof of any building or permanent structure
(other than the stadium and structures attached thereto) located in
the large development in which the stadium is located.
(g)Â
Roof signs located in large developments that do not include
the stadium are allowed, provided that any such roof sign shall not
exceed 100 square feet in area or extend more than 20 feet above the
roof.
(h)Â
Privately-owned directional or traffic control signs shall be
permitted whether they are traditional signs or feature automatic
or manual changeable copy, including freestanding signs, directional
signs, and/or streets signs identifying the names of private access
ways, driveways, and roadways.
(i)Â
Projecting signs shall be no larger than 12 square feet in area
installed below 20 feet in height or 36 square feet in area if installed
above 20 feet in height.
(4)Â
There shall be no restriction or limitation on pennants, flags, banners
and awnings in a large development that includes the stadium lot.
Any other lot within a large development that fronts on Washington
Street may display pennants, flags, banners, balloons, and awnings
for a period of time not to exceed 30 days during a calendar year.
(5)Â
Signs that are within the stadium are specifically exempt from the
provisions of this bylaw.
B.Â
The following regulations and dimensional requirements apply to all
signs in Sign District 2:
(1)Â
Table of Dimensional Requirements (except as otherwise set forth
in this bylaw).
Table 3: Sign District 2 Dimensional Requirements
| |
---|---|
Type of Sign
|
Commercial Uses
|
Banner
|
Max. area: 20 square feet
Max. number: 1 per building entrance
|
Directory or identification
|
Max. area: 20 square feet
Max. height: 12 feet (if freestanding)
|
Freestanding
|
Max. area: 20 square feet on lots with an area less than an
acre; 75 square feet on lots containing at least 3 commercial tenants
and an area equal to or greater than an acre
Max. height: 20 feet
Max. number: 1 per vehicular ingress/egress
Min. setback: 10 feet
|
Message board/combination sign
|
Max. area: 40% of area of the sign
|
Monument sign
|
Max. area: 15 square feet on lots with an area less than an
acre; 40 square feet on lots containing at least 3 commercial tenants
and an area equal to or greater than an acre
Max. height: 6 feet
Max. number: 1 per vehicular ingress/egress
Min. setback: 10 feet
|
Off-premises sign
|
As determined by Board of Appeals
|
Wall or awning
|
Max. area: 20% of the area of the wall or 100 square feet, whichever
is less
Max. number: 1 per building entrance
|
(2)Â
Additional sign district regulations:
(a)Â
Freestanding signs or wall signs may be combination signs that
include message boards with automatic or manual changeable copy.
[Amended 5-13-2019 ATM
by Art. 15]
(b)Â
For signs located on lots that are adjacent to residential or
institutional uses, all signs must be set back at least 15 feet from
the side lot lines and 40 feet from the rear lot line.
(c)Â
Electronic billboards that comply with the following requirements
may be authorized in Sign District 2 by means of a special sign permit:
[Added 1-30-2023 STM by Art. 9]
[1]Â
Such billboards are permitted only on lots that abut Interstate 95
or are on lots with a lot line that is not more than 250 feet from
Interstate 95, and that are situated within the Limited Industrial
District as the same is shown on the Town of Foxborough Zoning Map
as provided in Section 2.3 of the Town of Foxborough Zoning Bylaw.
[2]Â
No billboard may exceed 672 square feet in sign area.
[3]Â
No billboard may be placed within 1,500 feet of another billboard.
[4]Â
Such billboards must be set back at least 10 feet from the lot line.
[5]Â
No billboard may be placed within 1,000 feet of an existing residential
unit on the same side of Interstate 95 or within 500 feet of an existing
residential unit on the opposite side of Interstate 95.
[6]Â
No billboard may be placed adjacent to or within 1,000 feet of any
interchange of Interstate 95 as measured from the nearest point of
the beginning or ending of pavement widening at the exit from or entrance
to the main travel way of such highway.
[7]Â
At least two separate business, industrial or commercial activities
must be conducted within a distance of 500 feet from the proposed
location of the billboard, measured from such proposed location to
the buildings or parking lots or other places of actual business,
industrial or commercial activity as required under 700 CMR 3.07(3)(a).
C.Â
The following regulations and dimensional requirements apply to all
signs in Sign District 3:
(1)Â
Table of Dimensional Requirements (except as set forth otherwise
in this bylaw).
Table 4: Sign District 3
| |
---|---|
Type of Sign
|
Commercial Uses
|
Banner
|
Max. area: 6 square feet
Max. projection: 2 feet
Max. number: 1 per building entrance
|
Directory or identification
|
Max. area: 15 square feet
Max. height: 10 feet (if freestanding)
|
Freestanding
|
Max. area: 20 square feet
Max. height: 12 feet
Max. number: 1 per lot
Min. setback: 10 feet
|
Message board/combination sign
|
Max. area: 20% of total area of the sign
|
Monument sign
|
Max. area: 20 square feet
Max. height: 5 feet
Max. number: 1 per lot
Min. setback: 10 feet
|
Off-premises sign
|
As determined by Board of Appeals
|
Portable
|
Max. area: 6 square feet
Max. number: 1 per building entrance
|
Projecting
|
Max. area: 12 square feet
Max. projection: 3 feet
Max. number: 1 per building entrance
|
Wall or awning
|
Max. area: 20% of the area of a wall or 200 square feet, whichever
is less
Max. number: 1 per building entrance
|
(2)Â
Additional sign district regulations:
(a)Â
Where there is no wall sign, awnings signs may be installed
on the awning face as well as the awning valance, provided the signage
does not exceed 10% of the area of the awning face or sloped portion
of the awning up to, but not exceeding, a maximum of 25 square feet
in area. Awning signs installed in addition to wall signs may only
have subsidiary messages on the awning valance, provided the signage
does not exceed 15 square feet in area. Text on awning signs shall
be limited to 12 inches in height on the face, and eight inches in
height on the valance.
(b)Â
There shall be no more than three banner signs installed on
any single lot at any given time.
(c)Â
No sign shall be installed at a height greater than 20 feet,
exclusive of window signage.
(d)Â
Combination signs in Sign District 3 may not include electronic
signs or animated signs.
(e)Â
One public service information sign with manual changeable copy
is allowed per lot. The Foxborough Town Common may have two manual
changeable-copy signs.
The following guidelines shall be considered in the design of
all signs:
A.Â
Signs shall be consolidated and limited in number to the greatest
extent possible to minimize visual clutter.
B.Â
Signs shall be constructed of high-quality materials and utilize
energy-efficient illumination.
C.Â
Signs shall not obscure architectural features and shall be constructed
of substantial materials that are compatible with the material of
the surface to which they are affixed.
D.Â
The color(s) and illumination of signs shall be of appropriate intensity
to the use and location of the site and to the site's immediate abutters.
E.Â
Signs and sign content shall be appropriately sized, scaled, located,
and oriented to the use and structure to which they are appurtenant.
F.Â
In multi-tenanted buildings, individual tenant signs shall be coordinated
in scale, size, and mounting location upon a wall to provide visual
harmony and cohesion.
A.Â
Except otherwise as provided in this § 213-8, any preexisting sign and any nonconforming sign may be continued and maintained following enactment of this bylaw and any amendment hereto.
B.Â
Any preexisting sign and any nonconforming sign that the Building
Commissioner determines to be enlarged or otherwise structurally altered,
and any such sign that is to be replaced by a different sign, shall
be considered a new sign and shall be required to conform to the provisions
of this bylaw, including, but not limited to, any requirement to obtain
a permit or a special sign permit for such sign, as the case may be..
Notwithstanding the foregoing, no permit or special sign permit shall
be required for the customary maintenance of any such sign that does
not involve the enlargement or structural alteration of such sign.
[Amended 5-13-2019 ATM
by Art. 15]
C.Â
Any preexisting sign and any nonconforming sign that becomes damaged
or destroyed through no act or omission of the owner or operator of
such sign, or the owner or operator of the lot on which such sign
is located, may be repaired or replaced within one year of its being
damaged or destroyed without requirement to obtain a permit or special
sign permit, provided that the appearance, location, dimensions and
materials of the sign as repaired or replaced is substantially the
same as that of such sign as it existed immediately prior to its damage
or destruction.
The invalidity of any section or provision of this bylaw, or
its application to any sign, shall not invalidate any other section,
provision or application of this bylaw.