[Added 10-17-2017 ATM
by Art. 21, approved 1-29-2018]
The purpose of this article is to regulate the types and dimensions
of signs and advertising devices, in the various districts of the
town, in order to:
A.
Maintain public safety by eliminating potential hazards to motorists
created by distracting or confusing sign displays and excessive illumination;
B.
Protect and enhance the visual environment of Dartmouth, by creating
a balanced sign texture, diminishing any visual confusion, limiting
sign pollution, enhancing a particular building, or total streetscape,
and stimulating responsible business activity;
C.
Preserve the historical ambiance and aesthetic character of the town;
D.
Recognize the commercial communication requirements of all sectors
of the community;
E.
Enhance the environment and the town's ability to attract sources
of economic development and growth; and
Subject to the provisions of Subsections A and B, any sign or advertising device hereafter erected or maintained shall conform to all of the provisions of this Article 25.
A.
Completely exempted signs. The following signs are entirely exempt from the provisions of this Article 25:
(1)
Signs that are required to be erected or maintained pursuant
to federal, state or local law, such as but not limited to, notices
related to public health and safety, or official traffic signs required
by a local law, regulation, or By-Law.
(2)
Highway directional or traffic control signs required or allowed
by law.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
(3)
Signs exempt under MGL c. 93, Section 32.
(4)
Any sign inside a building that is not a window sign.
(5)
Government signs, the copy and message of signs, product dispensers
and point of purchase displays, scoreboards on athletic fields, gravestones,
religious symbols other than flags, the display of street numbers,
or commemorative plaques.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
(6)
Signs relating to any political election, candidate or issue.
B.
Partially exempted signs. The following signs are exempt from the provisions of this Article 25, provided that they meet specified numeric limitations, specified purpose limitations and/or specified size limitations as calculated in accordance with § 375-25.5:
(1)
Building markers that only include building name, date of construction,
or historical data on an historical site; provided there is only one
per building. Such sign shall have a maximum area of six square feet.
(2)
Political, ideological and religious flags or insignia, provided
that they are not being used for commercial promotion, display, or
as an inducement to promote, or attract attention to, a particular
business or person. Any such flag shall not exceed 60 square feet
in area and shall be flown from a pole not more than 40 feet in height
from grade.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
(3)
Nameplate signs on private residences that do not exceed one
square foot in display area.
The following words and phrases when used in this article shall
have the meanings given to them in this section:
A portable sign having two separate surfaces meeting at the
top to form an "A" and supported on these surfaces without any support
by a pole.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area.
Any sign of lightweight, flexible material that is permanently
mounted to a pole or a building by a permanent frame at one or more
edges, other than any non-commercial flag.
A permanent sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
Any sign indicating the name of a building, date, or incidental
information about its construction which is cut into a masonry surface
or made of bronze or other permanent material.
Any structure designed and erected for the purpose of providing
temporary shelter for persons waiting for public transportation vehicles.
Any advertisement, placard, or sign placed on or within a
permitted bus stop shelter.
Any sign that changes its message or copy at intervals by
programmable electronic, digital, video, streaming, scrolling, or
mechanical processes or by remote control, including any illuminated
sign on which such illumination is not kept stationary or constant
in intensity and color at all times when such sign is in use. These
signs include displays using incandescent lamps, LEDs, LCDs or a flipper
matrix which varies in intensity or color. An EMC sign does not include
a sign located within the right-of-way that functions as a traffic
control device.
Any sign supported by and placed on structures or supports
that are placed on or anchored in, the ground and that are independent
from any building or structure.
A sign, other than a freestanding sign, placed upon or supported
by the ground, independent from any building or structure.
An inflated object tethered or otherwise attached to the
ground, structure or other object. This definition includes, but is
not limited to inflated representations of blimps, products, cartoon
characters and animals.
Any sign, including a portable sign, that utilizes changeable
handwritten wording, or detachable and movable lettering or wording,
for advertising purposes, including chalk boards, marker boards and
magnet boards, but excluding EMCs.
A sign indicating only the name and/or profession and address
of the person(s) residing or legally occupying the premises.
A sign that is suspended from the underside of a horizontal
surface and is supported by such surface.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, A-frame signs and signs designed to be transported
by means of wheels.
Any sign involving graphic light projection systems that
project images, static or in motion.
Any sign, except for awning signs, affixed to a building
or wall in such a manner that its leading edge extends more than 12
inches beyond the surface of such building or wall.
Any sign erected and constructed wholly on and over the eaves
of the roof of a building and supported by the roof structure.
A group of commercial establishments planned, constructed,
and managed as a total entity with customer and employee parking provided
on-site.
Any display of lettering, logos, pictorial matter, objects,
colors, lights or illuminated tubes, or the application or attachment
of the same to any device, surface, structure, boundary wall or fence,
that is visible to the public and either conveys a message to the
public or is intended to advertise, announce, provide an invitation
regarding, or direct or draw attention to, whether directly or indirectly,
a use that is conducted on the premises.
Any elements designed or employed for the purposes of reflecting
and directing emitted light.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
Any sign, including portable signs banners, advertising flags,
signs mounted on trailers, and moveable stands, that displays messages
of a temporary nature in support of a particular event, situation
or circumstance.
Any sign, except for a bus stop shelter advertisement, attached
parallel to, but within 12 inches of, a wall or erected and confined
within the limits of an outside wall of any building or structure,
which is supported by such wall or building.
Any sign that is placed inside a window, including a door
window, or upon the window panes of glass and is visible from the
exterior of the window.
It is unlawful to erect or maintain the following signs:
A.
Off-premise commercial signs.
B.
Roof signs.
C.
Those, either in whole or in part, which are moving, mobile, or revolving.
D.
Those considered as strings, streamers, flags, pennants, revolving
or flashing lights, spinners, projecting image signs, or other similar
devices which are attached or strung across, upon, over, or along
any premises or building, whether as part of a sign of not.
E.
Inflatable signs, tethered or simulated balloons, or blow-up figures.
F.
Those that are painted on the exterior surface of any wall or roof.
G.
Signs, letters, posters, and advertisements that are attached to
any tree, utility pole, or natural feature on any street, highway,
or right-of-way.
H.
Permanent signs placed on vehicles or trailers which are parked or
located for the primary purpose of displaying the signs, and from
which no other business is being conducted. This prohibition does
not apply to lettering on buses, taxis, or other vehicles, including
food trucks, operating in the normal course of business.
I.
Advertising cloth, vinyl, or paper banner or signs of any similar
character suspended or hung on any property, except for temporary
banners.
The following principles shall control the computation of sign
area and sign height:
A.
Computation of area of individual signs. The size of any single-faced
sign shall be determined as follows:
(1)
When a sign consists of letters, numbers, and/or logos and is
not a lettered board, the size of such sign shall be measured by the
geometric shape formed by the extreme outside edge of the largest
letters, numbers, or logos contained in the sign.
(2)
When a sign consists of a lettered board, the size of such sign
shall be determined by calculating the area of the lettered board.
B.
Computation of multi-faced signs. The sign area for a sign with more
than one face shall be computed by adding together the area of all
sign faces visible from any one point. When two identical sign faces
are placed back to back so that both faces cannot be viewed from any
point at the same time, and when such sign faces are part of the supports,
uprights, braces, anchors or framework of the sign and are not more
than 42 inches apart at its widest, the sign area shall be computed
by the measurement of one of these faces.
C.
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at normal grade to the top
of the highest attached component of the sign. Normal grade shall
be construed to be the lower of existing grade prior to construction,
or the newly established grade after construction, exclusive of any
filling, berming, mounding, or excavating solely for the purpose of
locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown of a public street
or the grade of the land at the principal entrance to the principal
structure on the lot, whichever is lower.
D.
Computation of maximum total permitted sign area. Except where specifically
stated otherwise, lots fronting on two or more streets are allowed
the permitted sign area for each lot frontage. However, the total
sign area that is oriented toward a particular street may not exceed
the portion of the lot's total sign area allocation that is derived
from the lot, building, or wall area frontage on that street.
A.
Signs may be steadily illuminated either from within or by some outside
source, subject to the following further provisions:
(1)
No sign shall be intermittently illuminated, nor have traveling, flashing or animated lighting, except as allowed for electronic message centers in § 375-25.9I. No sign shall rotate.
(2)
Signs shall neither emit nor reflect light with an intensity
greater than 50 foot candles at 100 feet from the sign.
(3)
The illumination of signs for commercial or business or industrial
purposes shall be permitted by Special Permit in Single or General
Residence Districts, and by-right in Neighborhood, Village, Limited
or General Business Districts, Office Park Districts, the Bliss Corner
Mixed Use District, or Maritime, Limited, Office or General Industrial
Districts. The illumination of signs for agricultural, aquacultural,
silvicultural, horticultural, floricultural or viticultural purposes,
solely to the extent that those uses are exempt from zoning pursuant
to Massachusetts General Laws, Chapter 40A, Section 3, is allowed
in all zoning districts by-right.
(4)
Illumination of signs may occur only between 7:00 in the morning
and 11:00 in the evening except if a business is open earlier or later
than these hours, in which case illumination may occur from one hour
before until one hour after such business is open; provided that any
special permit for illumination in a Single or General Residence District
may further restrict the hours of illumination.
B.
The outside source of illumination for any sign shall be placed or
hooded so that the lighting source itself is not visible at any point
beyond the lot lines or leasehold lines of the premises.
The following restrictions and standards shall apply to all non-exempt signs, except to the extent that different restrictions and standards are provided for specific types of signs in §§ 375-25.9 and 375-25.10, or for specific zoning districts in §§ 375-25.11 through 375-25.14:
A.
No sign shall be erected within the right-of-way lines of a public
or private street, nor shall any sign be placed closer than five feet
from such right-of way lines or property lines of abutting properties.
B.
The bottom or lowest edge for a freestanding sign, awning sign, projecting sign, or similar type of sign shall be not less than eight feet from the ground. Also see § 375-25.5C relating to computation of height.
C.
All provisions of this By-Law shall apply to signs attached to or
located on chimneys, smokestacks, water towers, and other similar
structures.
Except for banners, flags, portable signs and temporary signs,
all signs shall be permanently attached to the ground, a building,
or another structure by direct attachment to a rigid wall, frame,
or structure.
The following restrictions and standards shall apply to these specific non-exempt signs, except that when different restrictions and standards are provided for specific zoning districts in §§ 375-25.11 through 375-25.14, then the most restrictive provisions apply:
A.
Freestanding signs.
(1)
The bottom or lowest edge of any freestanding sign shall be
no closer to the ground than eight feet. No more than two feet above
the ground level can be devoted to and maintained for flowers, ground
covers, and low spreading shrubs.
(2)
All freestanding signs shall have a setback of not less than
10 feet from the street right-of-way line measured from the edge of
the sign.
(3)
Landscaping shall be provided around the base of each freestanding
sign for not less than two feet in each direction beyond the face
or edge of the sign.
B.
Ground signs.
(1)
The top edge of a ground sign shall be a maximum of six feet
above average ground level.
(2)
Ground signs shall be supported and permanently placed by embedding,
anchoring, or connecting the sign in such a manner as to incorporate
it into the landscape or architectural design scheme.
(3)
All ground signs shall have a setback of not less than five
feet from the street right of way line.
C.
Bus stop shelter advertisements. Signs affixed to bus shelters shall
not exceed 25 square feet.
D.
Awning signs. All awning signs shall have a setback of not less than
two feet from the street curb line and cannot extend more than five
feet from the building line.
E.
Overhang signs.
(1)
Overhang signs shall be allowed only in shopping centers.
(2)
Such signs shall be suspended from the soffit or overhang which
covers the walkway in a shopping center.
(3)
The size of such signs shall not exceed four square feet.
(4)
There shall be not more than one overhang sign per establishment.
F.
Projecting signs. Signs projecting over a traveled way or sidewalk,
public or private, shall meet the following standards:
G.
Permanent subdivision identification signs. The overall dimensions
shall not exceed 32 square feet and are allowed on private property
with no more than two single sided or one double sided sign at an
intersection and meeting intersection sight triangle setback requirements.
One temporary (once all lots sold, must be removed) subdivision advertisement
sign not to exceed the overall dimension of 32 square feet is allowed
at the entrance to a subdivision. The above signs shall not be illuminated
either internally or directly. The above signs are allowed in addition
to and can exceed the total maximum allowed square footage of other
signs otherwise permitted.
H.
Agricultural signs. Agricultural, aquacultural, silvicultural, horticultural,
floricultural and viticultural uses, solely to the extent that those
uses are exempt from zoning pursuant to Massachusetts General Laws,
Chapter 40A, Section 3, may have a maximum of two signs per lot up
to 32 square feet on a side and 35 feet tall.
I.
Electronic message center (EMC) signs.
(1)
A maximum of one sign structure per premise may contain an EMC
sign.
(2)
Only one EMC sign is permitted on each side of the sign structure
with a maximum of two EMC signs on the sign structure.
(3)
EMC signs are allowed in zoned General Business Districts, Limited
Industrial Districts, Office Industrial Districts and General Industrial
Districts, and are prohibited in all other zoning districts.
(4)
All messages/displays shall remain unchanged for a minimum of
five minutes. Time and temperature numerals are exempt from this provision.
(5)
The time interval used to change from one complete message/display
to the next complete message/display shall be a maximum of one second.
(6)
There shall be no appearance of a visual dissolve or fading,
in which any part of one electronic message/display appears simultaneously
with any part of a second electronic message/display.
(7)
There shall be no appearance of flashing or sudden bursts of
light, and no appearance of animation, movement video, scrolling,
or flow of the message/display. No sign shall rotate.
(8)
An EMC sign may include a public information section that displays
such items as to the time of day (or night), temperature, weather
forecast, visibility, or pollution index or other similar information.
The public information section intermittently illuminated in any sign
shall not exceed four square feet in any zoning district.
(9)
During day-light hours, any illumination intensity or contrast
of light level shall remain constant.
(10)
Night-time illumination of an EMC shall conform to the following
standards issued by the International Sign Association in Night-time
Brightness Level Recommendations for On-Premise Electronic Message
Centers, Updated August 2016.
(11)
EMC illumination measurement criteria. The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid message for a single-color a single-color EMC. All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total square footage of the EMC as set forth in the Sign Area Versus Measurement Distance table in Subsection I(14) below.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
(12)
EMC illumination limits. The difference between the off and
solid-message measurements using the EMC Measurement Criteria shall
not exceed 0.3 footcandles at night.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
(13)
Dimming capabilities. All permitted EMCs shall be equipped with
a sensor or other device that automatically determines the ambient
illumination and programmed to automatically dim according to ambient
light conditions, or that can be adjusted to comply with the 0.3 footcandle
measurements.
(14)
Sign Area Versus Measurement Distance Table:
|
Area of Sign
Sq. ft. +
|
Measurement Distance (ft.)
|
|---|---|
|
10
|
32
|
|
15
|
39
|
|
20
|
45
|
|
25
|
50
|
|
30
|
55
|
|
35
|
59
|
|
40
|
63
|
|
45
|
67
|
|
50
|
71
|
|
55
|
74
|
|
60
|
77
|
|
65
|
81
|
|
70
|
84
|
|
80
|
89
|
|
90
|
95
|
|
95
|
97
|
|
100
|
100
|
|
110
|
105
|
|
120
|
110
|
|
130
|
114
|
|
140
|
118
|
|
150
|
122
|
|
160
|
126
|
|
170
|
130
|
|
180
|
134
|
|
190
|
138
|
|
200
|
141
|
|
220
|
148
|
|
240
|
155
|
|
260
|
161
|
|
280
|
167
|
|
300
|
173
|
|
+ For signs with an area in square feet other than those specifically
listed in the table (i.e., 12 square feet, 400 square feet, etc.),
the measurement distance may be calculated with the following formula:
Measurement Distance =
| |
 | |
The following restrictions and standards shall apply to temporary event signs, except that when different restrictions and standards are provided for specific zoning districts in §§ 375-25.11 through 375-25.14, then the most restrictive provisions apply:
A.
Temporary event signs may be allowed only by approval from the Board
of Selectmen.
B.
Temporary event signs shall be placed so as not to obstruct vehicular
or pedestrian traffic or create a safety hazard.
C.
Temporary event signs shall not obstruct access to or from any door,
window, fire escape, or ventilating equipment, nor be attached to
any standpipe or fire escape.
D.
Temporary event signs shall be used only for an event, situation,
or circumstance that is to be completed within 45 days after the sign
is first displayed, which can occur three times per calendar year,
and must be removed within seven days after completion of the event,
situation, or circumstance for which they are used.
E.
The size of temporary event signs shall not exceed 32 square feet,
except that A-frame signs are limited to 10 square feet, and flags
shall be limited to 20 square feet.
F.
There shall be no more than one temporary event sign per establishment
and one flag per 200 linear feet of frontage.
G.
Temporary event signs shall not be attached to fences.
No sign shall be erected, posted, or otherwise displayed external
of a residence except as allowed as follows:
A.
Residence identification by name or address or both is permitted
for each family in a dwelling. Such signs shall not exceed two square
foot per face and may be double-faced.
B.
One double-faced sign not in excess of two square foot per face is
allowed in order to advertise taking of boarders, earth removal or
home occupation. Such signs may be combined with the residence identifications
sign for a single double-face sign not in excess of four square feet
per face.
C.
For uses that are protected by Massachusetts General Laws, Chapter
40A, Section 3, except agricultural, aquacultural, silvicultural,
horticultural, floricultural and viticultural uses, one double-faced
sign of not over 12 square feet per face is allowed.
D.
Signs shall be located on the lot and shall have five-foot front
yard and side yard setbacks.
E.
Signs shall relate to a use or the occupants of the property upon
which it is located except as allowed elsewhere in these by-laws.
Signs in the Neighborhood Business and Village Business Districts
are to provide information to the public while preventing clutter
and confusion; to prevent over commercialization to a mixed use area
or adjacent to residential uses and to encourage signs which complement
and enhance the unique, local architectural and aesthetic character
of these districts.
A.
Signs shall not be of a type that confuse, distract, or call undue
attention by the use of color, shape, light, or other features.
B.
A building may have a single wall sign no larger than eight square
feet; provided, that free-standing buildings, located within a parking
lot and visible from the street and drive-aisles, may have one wall
sign no larger than eight square feet affixed to each building wall.
C.
One freestanding sign per lot is allowed which is permanently anchored
to the ground and is not taller than eight feet. Free standing signs
shall not be larger than eight square feet on one side. More than
one business can be listed on the free standing sign as long as the
free standing sign does not exceed eight square feet.
D.
Window signs shall not cover more than 25% of the window or 50% of
a door window, and the total of all window signs shall not exceed
eight square feet per business.
E.
A building may have a single message sign of a size not larger than
eight square feet.
F.
Awning signs for a building may be no more than 30% of the awning
area for that building, and the total area of all awning signs for
a building shall not exceed eight square feet.
G.
Signs projecting 90° off a wall of a building may be no larger
than eight square feet on one side and are limited to one per business.
Signs in the Bliss Corner Mixed Use District are to provide
information to the public while preventing clutter and confusion;
to prevent over commercialization to a mixed use area or adjacent
to residential uses and to encourage signs which complement and enhance
the unique, local architectural and aesthetic character of these districts.
A.
A building may have a single wall sign per business of a size no
larger than 32 square feet; provided, that free-standing buildings,
located within a parking lot and visible from the street and drive-aisles,
may have one wall sign no larger than 32 square feet affixed to each
building wall.
[Amended 6-1-2021 ATM by Art. 21, approved 9-27-2021]
B.
One freestanding sign per lot is allowed which is permanently anchored
to the ground and is not taller than 12 feet. Free standing signs
shall not be larger than 32 square feet on one side. More than one
business can be listed on the free standing sign as long as the free
standing sign does not exceed 32 square feet.
C.
Window signs shall not cover more than 25% of the window or 50% of
a door window, and the total of all window signs shall not exceed
eight square feet per business.
D.
A building may have a single message sign of a size up to a maximum
of 15 square feet.
E.
Awning signs may be no more than 30% of the awning area, and the
total of all awning signs shall not exceed eight square feet.
F.
Signs projecting 90° off a wall of a building may be no larger
than eight square feet on one side and are limited to one per business.
G.
Signs shall not be of a type that confuse, distract, or call undue
attention by the use of color, shape, light, or other features.
A.
One freestanding sign is allowed for frontage up to 300 feet plus
one for each additional full 300 feet of frontage. Total display area
of all freestanding signs shall not exceed one square foot per side
for each two linear feet of frontage.
B.
Other signs may be attached to a building provided that the total
area of signs does not exceed 10% of the gross unglazed wall area,
and does not extend above or beyond the edge of the wall. The total
area of any such sign or signs attached to a wall(s), and located
within the front yard setback of a street line, shall have a maximum
area of 32 square feet; provided, that free-standing buildings, located
within a parking lot and visible from the street and drive-aisles,
may have one wall sign no larger than 32 square feet affixed to each
building wall, except that the wall(s) of a multi-business building
shall allow one sign per business, with a maximum area of 32 square
feet combined sign area.
C.
Window signs are allowed, provided that the total area of such signs
does not exceed 10% of the gross glazed area of a building.
D.
Free-standing display signs may not exceed 35 feet in height and
no part of any sign may be less than five feet from any property line.
E.
One site identification sign of up to 32 square feet in area may
be erected while the site is under construction.
F.
Parking facility signs that provide directions to roads or businesses, or that provide traffic directions, but not that merely provide business advertising, must be approved by the Planning Board as part of a Site Plan Review pursuant to the procedures of Article 24 of these Zoning By-Laws. If such signage be subsequently desired for a parking facility for which a Site Plan has previously been approved by the Planning Board, then an amendment to that Plan indicating such signage must be filed and approved in the same manner. The limitations of § 375-24.1E(2) shall apply to such signage. Notwithstanding anything to the contrary in Article 24, when applying for an amendment seeking directional signage approval only, Planning Board review is limited to the sign approval and such an application does not trigger a full parking facility review.
(1)
Each sign shall not exceed 16 square feet in area. Text may
be present on both sides of any such sign.
(2)
Any business names on approved directional signage may be adjusted to reflect any changes thereto without the need for the approval of an amendment pursuant to Article 25.
