All signs (accessory and nonaccessory) shall
comply with the regulations for the erection and construction of signs
contained in the Building Code of the City of Northampton, and all
other applicable regulations including the sign regulations contained
in this chapter. In addition to the provisions of this chapter, all
nonaccessory signs, including the typical billboard signs, shall be
required to have the appropriate annual permit from the Massachusetts
Outdoor Advertising Board for any nonaccessory sign which is not in
conformity with applicable ordinances of the City of Northampton enacted
in accordance with Section 29 of Chapter 93 of the General Laws.
A.
Any traffic, informational or directional sign or festive banner
owned and installed by or for a governmental agency shall be permitted.
B.
A sign (including temporary interior window displays or banners) or its illuminator shall not by reason of its location, shape, size, or color interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, or traffic marking. A sign or any part thereof which moves or flashes, except such portions of a sign as consist solely of indicators of time and/or temperature, shall comply with the requirements herein as dynamic display. All illumination of signs must be in conformance with § 350-12.2.
C.
Temporary freestanding ground signs advocating any candidacy or cause
which is under consideration at a particular election or any other
cause or issue (not to exceed one sign per candidate/cause per lot)
shall be permitted, provided that such signs:
(1)
Shall not exceed a size of six square feet and shall not be
any closer than 10 feet to any lot line.
(2)
Shall not be any higher (the top) than four feet from the ground.
(3)
May not be displayed on a building or structure unless said
building or structure is the headquarters or chief office of the candidate
or organization. (Said wall sign shall conform to the wall sign criteria
for that zoning district within which it is located.)
(4)
May only be permitted to be placed on a building which is not
the headquarters or chief office of the candidate or organization
when the Building Commissioner determines that, because of the size
of the lot's setback areas and the location of the building on the
lot, such a sign cannot be adequately displayed on the ground itself.
(5)
Shall not be displayed more than three months prior to the election
date, if the sign is related to an election.
(6)
Shall be taken down within three days following the election
if the sign is related to an election or within 90 days of installation
if the sign is not related to an election.
D.
The limitations as to the number of signs permitted does not apply
to traffic or directional signs which are necessary for the safety
and direction of residents, employees, customers and visitors (whether
in a vehicle or on foot) of the business, industry, or residence.
Such signs:
(1)
Shall not exceed a maximum size of six square feet.
(2)
Shall not be any higher (top of sign) than four feet from the
ground.
(3)
Shall be limited to one such directional sign per curb cut.
E.
Along with the height restrictions herein, a sign, together with
any supporting framework, shall not extend above the roofline of the
associated structure on the site. In the case of a building with a
pitched roof, the eave line of the building shall be considered the
roofline.
F.
The supporting members for any pole sign, projecting sign, or any
other sign shall be in acceptable proportion to the size of the sign.
G.
No sign shall be erected so as to obstruct any door, window or fire
escape on a building.
H.
No more than one sign indicating the meetings and existence of any
Northampton civic organization may be erected within a street right-of-way
at each boundary line of the City or each gateway to Northampton,
as identified by the Board of Public Works. Said sign shall not exceed
25 square feet in area and shall require the approval of the Board
of Public Works.
I.
No sign, except for a traffic regulatory or informational sign, shall
be erected which uses the words "stop," "caution," or "danger" or
other similar words in such a manner as to present or imply the need
or requirement of stopping or caution or the existence of danger,
or which, for any reason, in the opinion of the Chief of Police, is
likely to be confused with any traffic regulatory or informational
sign.
J.
If lighting is provided for a sign, the source of light shall be
either from within the sign or shall be white light exterior to the
sign and shielded so as prevent direct glare from the light source
onto any public street or onto any adjacent property.
K.
In any district, one unlighted temporary sign offering premises for
sale or lease for each parcel in one ownership shall be permitted,
provided that it shall not exceed six square feet in surface area,
and it shall be set back at least 10 feet from the street lot line
or 1/2 of the building setback distance, whichever is less.
L.
In any district, one unlighted temporary sign of an architect, engineer
or contractor may be erected during the period such person is performing
work on the premises, provided that it shall not exceed four square
feet in surface area, and it shall be set back at least 10 feet from
the street lot line, or 1/2 of the building setback distance, whichever
is less.
M.
The Board of Appeals may issue a special permit allowing more than
the number of signs herein permitted and/or for signs of a larger
size, but not taller than herein permitted, provided that:
(1)
Signs are located only where they are otherwise permitted in
the district; and
(2)
The Board of Appeals determines that the architecture of the
building, the location of the building or the land or nature of the
use being made of the building or land is such that additional signs
or signs of a larger size would not detract from the character of
the neighborhood and should be permitted in the public interest. Additional
ground signs shall only be approved if there are exceptional circumstances
to warrant their approval and if all efforts are undertaken to keep
additional ground signs as small and low as possible.
(3)
The Board of Appeals specifies in the permit the exact sign
permitted, the size and location of the sign or signs, and, if applicable,
imposes other restrictions. Any change in said signs requires a new
or revised special permit unless the special permit specifies what
types of changes are allowed.
N.
The Building Commissioner is authorized to order the repair or removal
of any sign and its supporting structure which, in his judgment, is
dangerous, or in disrepair or which is erected or maintained contrary
to this chapter.
O.
No sign shall contain fluorescent colors. No sign shall contain red
or green lights if such colors would, in the opinion of the Chief
of Police, constitute a driving hazard.
P.
Signs painted or placed on the inside of the window shall be permitted,
provided that the aggregate area of such signs does not exceed 20%
of the area of the window glass.
Q.
All signs, except for those authorized under § 350-7.2D, shall be removed within 30 days of the date from which they no longer serve their intended function (i.e., no longer provide the service, establishment or product being advertised).
R.
A school, college or other educational institution may erect temporary
signs for identification of special programs, alumni events, or other
temporary or short-term (less than 12 weeks) educational programs.
Such signs shall be permitted, provided that:
(1)
Such signs shall not exceed a size of three square feet and
shall not be any closer than two feet to any lot line.
(2)
The top of the sign shall not be more than four feet above the
ground.
(3)
Such signs shall not be displayed for more than three days prior
to nor one week (a total of 10 days) after the start of said program
or event.
(4)
For temporary events which occur every year, signboards must
be of durable construction.
S.
A sign may not include text, graphics or pictures defined as obscene
in MGL c. 272, § 31, if, taken as a whole, it (1)appeals
to the prurient interest of the average person applying the contemporary
standards of the county where the offense was committed; (2)depicts
or describes sexual conduct in a patently offensive way; and (3)lacks
serious literary, artistic, political or scientific value; nor may
signs depict or describe sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
T.
"Dynamic display sign" means any sign designed for outdoor use that
is capable of displaying an electronic signal, including, but not
limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays,
plasma displays, liquid-crystal displays (LCD), or other technologies
used in commercially available televisions or computer monitors. Signs
with this technology which are placed by a public agency for the purpose
of directing or regulating pedestrian or vehicle movement use are
exempt from this chapter.
U.
A dynamic display sign on, in, or part of any portable/mobile vehicle
parked in view of the public way, whether registered or unregistered,
and which carries or displays any sign or billboard will be regulated
as a ground sign.
In all R and SC Districts, the following exterior accessory
signs and no others are permitted:
A.
One front wall sign located on the first-floor facade for each legal
mixed use or other commercial use, provided that such sign shall not
exceed 1.5 square feet in surface area.
B.
One identification sign for each dwelling unit, provided that such sign shall not exceed two square feet in surface area; if lighted, it shall be illuminated internally or by indirect method with white light only in conformance with § 350-12.2; and it shall not be used other than for identifying the occupancy.
C.
Institutional and other nonresidential uses in residential districts
allowed in accordance with:
(1)
Each membership club, funeral establishment, nursing care facility
may have one ground identification sign up to a maximum of 10 square
feet in surface area. If signs are illuminated, they may only be illuminated
between the hours of 7:00 a.m. and 10:00 p.m.
(2)
Churches, community centers, schools may have one ground sign up to a maximum of 40 square feet in surface area. Such signs shall be set back at least 1/2 the required depth of the front yard setback. Signs may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m. Signs may contain dynamic display, as defined in § 350-7.2T above, so long as the following are met:
(a)
The dynamic display area may be no more than 1/2 the total sign
area.
(b)
Minimum display time between display changes shall be 30 minutes.
Transition time to next display shall be less than one second.
(c)
Display boards shall not emit sound.
(d)
If images are displayed, only static, nonfluctuating, nonchanging
video images are allowed.
(e)
Signs must have photocells that automatically dim in dark conditions
in direct correlation to natural ambient light conditions. At no time
shall the sign lights be greater than 0.3 footcandle above ambient
light conditions.
(3)
Tourist home/bed-and-breakfast establishments may have one identification sign, attached flush to the structure (not to exceed three square feet in surface area), provided that such sign, if lighted, shall be in conformance with § 350-12.2 and may only be illuminated between the hours of 7:00 a.m. and 10:00 p.m.
(4)
Ground signs shall not be taller than five feet above average
finished grade at the foot of the sign.
D.
For approved residential subdivisions, townhouse, multifamily, and
open space developments, one ground sign identifying the development,
provided that:
(1)
It shall not exceed 12 square feet in surface area on any one
side and shall not have more than two sides.
(2)
It shall be located on private property and set back at least
15 feet from any street lot line.
(3)
The top of the sign shall not rise more than five feet above
the ground or sidewalk within five feet of the sign.
(4)
If lighted, it may only be illuminated between the hours of
7:00 a.m. and 10:00 p.m. No dynamic displays are allowed.
(5)
Such a sign shall only be permitted so long as the approved
access within the development is not a City-accepted public way. Once
said access has been accepted by the City Council as a City right-of-way
said sign shall be removed, and a standard City street sign shall
be installed.
E.
In residential zoning districts, one temporary freestanding ground
sign up to six square feet addressing traffic safety concerns shall
be permitted. For the purposes of this section, "temporary" shall
be construed to mean less than 90 days in any calendar year.
F.
No more than one sign shall be allowed for any one establishment
in the R District.
The following signs shall be permitted in any B or Character-Based
District:
B.
Business signs shall be permitted as wall signs as follows:
(1)
They shall be attached and parallel to the wall of the building;
and
(2)
They shall not project horizontally more than 12 inches therefrom (except as noted below) and, if the sign is designed to allow pedestrian traffic under the sign, shall be a minimum of seven feet above the ground; signs projecting more than 12 inches over a public way shall be permitted by the Board of Public Works in accordance with Chapter 264, Signs, Article I; and
(3)
One main (frontage) wall sign on the street frontage for each
establishment in the structure plus one directory wall sign, provided
that:
(a)
The sign's surface area shall not be larger than 10% of the
frontage wall area of the facade of the story which is occupied by
the establishment or 100 square feet, whichever is less; and
(b)
The total surface area of all main wall signage of a building
shall not be larger than 10% of the main wall area of the ground floor;
and
(c)
Except in the Central Business Districts and Florence Village
Districts, when an establishment is located on a lot with more than
one frontage (i.e., a corner or through lot) a main (frontage) wall
sign may only be displayed on one of the frontages. The other frontage(s)
may display a side wall sign as allowed below. In the Central Business
Districts and Florence Village Districts, a main wall sign can be
placed on any wall with street frontage instead of a side wall sign.
(4)
One side wall sign per structure (except in the CB and FV Districts,
where it may be one side wall per establishment plus one directory
wall sign on the structure) on each side wall (that wall facing a
non-rear lot line), provided that:
(a)
The surface area of the sign shall not be larger than 25 square
feet; provided, however, that in the CB and FV Districts, the total
surface area of all the side wall signs for each side wall of a building
shall not exceed 100 square feet or 10% of the side wall area of the
ground floor of the side where the signs are located, whichever is
less; and
(b)
Side wall signs are not permitted on side walls which face or
abut (within 100 feet) a residential zoning district.
(6)
Dynamic displays shall comply with the following:
(a)
Minimum display time between display changes shall be 30 seconds.
Transition time to next display shall be less than one second.
(b)
Display boards shall not emit sound.
(c)
The display must be turned off at 11:00 p.m. or at the close
of business, whichever is later.
(d)
Signs must have photocells that automatically dim in dark conditions
in direct correlation to natural ambient light conditions. At no time
shall the sign lights be greater than 0.3 footcandle above ambient
light conditions.
C.
Business signs shall be permitted as awning/canopy and awning/canopy
signs as follows:
(1)
An awning/canopy may display the street address for the building
and may also have either one sign along the bottom of the front of
the awning/canopy or a sign along the bottom of both sides of the
awning/canopy, identifying the establishment located therein, provided
that the letters, numbers, characters, logos, etc., of such address
and signs do not exceed a height of four inches. The purpose of said
additional awning/canopy signage is for pedestrian (not automobile)
traffic.
(2)
Instead of the wall sign permitted under § 350-7.4B above, an awning/canopy attached to the building may have a sign of the size that would otherwise be allowed on the building wall itself. Said sign must conform to all other requirements for a wall sign.
(3)
The entire backlit or illuminated area of a lit awning/canopy which has any letter or symbols anywhere on the canopy shall be considered a wall sign and must conform to the size and location requirements of wall signs. Illumination shall be in conformance with § 350-12.2.
(4)
Awnings/Canopies overhanging a public right-of-way must also
be approved by the Department of Public Works.
D.
Business signs shall be permitted as ground signs as stipulated below.
If ground signs contain dynamic displays, such signs must comply with
Subsection B(6)above. Informational boards may emit sound only if
such boards are used as accessory to drive-through sales and service
establishments and if they are not directed/oriented to the street.
Such boards are not considered ground signs under these provisions.
(1)
In the HB or M District, one ground sign for each lot, provided
that:
(a)
It shall not exceed 100 square feet in surface area on any one
side; and
(b)
It shall be set back at least 15 feet from any street lot line;
and
(c)
It shall not rise to more than 15 feet from the ground or sidewalk
to the top of the sign; and
(d)
It shall not have more than two sign faces.
(e)
Ground signs shall be located on the same lot as the structure
or establishment being advertised.
(2)
Where a single lot is occupied by more than one business, whether
in the same structure or not, there shall not be more than one ground
sign per lot.
(3)
In particular instances, upon review by Office of Planning and Sustainability staff, sign site plan approval for one ground sign, in addition to the wall sign(s) permitted in § 350-7.4B above, for each lot frontage of each lot in the Neighborhood Business (NB), General Business (GB), and Central Business (CB) Districts may be granted, provided that:
(a)
Sufficient evidence is presented to show that the structure,
the orientation of the structure, the location or setback of the structure,
or the location of establishments in the structure, especially affecting
such structure or establishment, but not generally affecting the zoning
district in which it is located, which restrict the visibility of
wall sign(s) otherwise allowed by this chapter.
(b)
Said ground sign shall be located on the same lot as the structure
or establishment being advertised.
(c)
Said ground sign shall not exceed a height of 10 feet, nor have
a surface area greater than 80 square feet in the Central Business
Districts, GB District or greater than 20 square feet in the NB District.
Illuminated signs that meet ordinance shall be turned off within half
an hour of close of business. Any applicant seeking a larger sign
than specified above or any applicant denied a permit may apply for
a special permit to the Zoning Board of Appeals in accordance with
standard application procedures.
(d)
Ground signs shall be located on the same lot as the structure
or establishment being advertised.
E.
Business signs shall be permitted as a two-sided projecting blade
sign (i.e., small signs that project perpendicular to the building)
as follows:
(1)
There shall only be one blade sign per business. If there is
more than one business in the same building, there may not be more
than one sign per 20 feet of frontage on the same building.
(2)
Only businesses on the first floor of a building may have a
blade sign.
(3)
The sign may not project more than three feet from the facade
of a building.
(4)
The sign may not exceed six square feet of total surface area
per sign.
(5)
The sign may not exceed two inches in width.
(6)
The bottom of the sign shall not be less than nine feet and
the top of the sign shall not be less than 15 feet, both measured
above the sidewalk.
(7)
The sign shall not be internally lit.
(8)
Blade signs shall be located on the same lot as the structure
or establishment being advertised.
F.
Temporary outdoor signs shall be permitted as follows:
(1)
One temporary banner of no more than 25 square feet on a property
for retail, service and restaurant uses in the Highway Business District
for a period not to exceed 30 days per year.
(2)
One temporary banner of no more than 25 square feet on a property
for new retail, service or restaurant uses in the Central Business,
Entranceway Business and General Business Districts for a period not
to exceed 30 days.
In all I, BP and PV Districts, the following exterior signs,
and no others, are permitted:
B.
Business signs shall be permitted as follows:
(1)
In all GI Districts, and for PV Districts as provided in Subsection
B(4)below, not more than two wall signs for each building, provided
that each sign:
(a)
Shall not project horizontally more than 12 inches from the
wall of the building;
(b)
The surface area of each sign shall not aggregate more than
7 1/2% of the area of the front or side wall area of the floor
on which it is displayed;
(c)
If lighted, it shall comply with lighting standards in § 350-7.4B(6), whether dynamic or static.
(2)
In all OI Districts, one wall sign shall be permitted, subject to the regulations set forth in § 350-7.4 above.
(3)
In all OI and GI Districts, and for PV Districts as provided
in Subsection B(4)below, one ground sign for each building, provided
that:
(a)
It shall not exceed 100 square feet in surface area;
(b)
It shall be set back at least 15 feet from any street lot line;
(c)
It shall be erected so that no portion of it is over 15 feet
in an I or BP District and over 10 feet in a PV District above the
ground or sidewalk; and
(d)
If lighted, it shall comply with lighting standards in § 350-7.4B(6), whether dynamic or static display.
(4)
For PV Districts, for each building either up to two wall signs,
as described in Subsection B(1)above, or one ground sign, as described
in Subsection B(3)above.
(5)
For GI and PV Districts where a number of individually owned
parcels are developed as a single collective entity (i.e., an industrial
or planned village), the Planning Board may grant a special permit
permitting one additional ground sign for each entrance to the development
(not to a specific building) off of a collector street identifying
the collective entity and/or the individual businesses located therein.
Said sign must conform to all of the requirements for ground signs
contained in Subsection B(3)above.
Preexisting nonconforming accessory signs may
not be changed, extended or altered unless the change brings the sign
into conformity with the provisions of this chapter or unless said
change is limited to changing the sign letters or symbols and/or changing
panels and does not alter the structure of the sign itself. The following
preexisting nonconforming signs, however, may be changed, extended
or altered if there is a finding by the Zoning Board of Appeals that
such change, extension or alteration will not be substantially more
detrimental than the existing nonconforming sign to the neighborhood,
and provided that such change, extension or alteration will not make
the sign any more nonconforming than it now is (i.e., higher, taller,
bigger, closer, etc.):
All nonconforming, nonaccessory signs in existence
and lawfully erected before the adoption of this chapter may continue
to be maintained, notwithstanding anything to the contrary in this
§ 350-7; provided, however, that no proposed new nonaccessory
sign shall be permitted in any district from and after the adoption
of this chapter, nor may existing nonaccessory sign panels be reconstructed
to add, modify, convert to LED or other electronic sign technology.
No sign shall be erected, altered or enlarged until a permit has been issued by the Building Commissioner. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this chapter. The permit and/or permit number shall be affixed to the sign in the manner prescribed by the Building Commissioner. A schedule of fees for such permits may be determined from time to time by the City Council. The provisions of this section shall not apply to signs permitted in a residential area nor to temporary signs allowed under the provisions of § 350-7.2 of this chapter.
Stationary off-premises sandwich board signs (intended for pedestrian orientation) are permitted in the Central Business Districts (CBc, CBs, CBg), Florence Village-Center (FVc), Florence Village-General (FVg), General Business (GB) District and Neighborhood Business (NB) District for restaurants and retail business establishments in those districts. All sandwich board signs must receive a permit from the Northampton Board of Public Works in accordance with the provisions of §§ 264-2 and 264-3 of the Code of Ordinances for the City of Northampton.