Town of Barnstable, MA
Barnstable County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 240-59 Statement of intent.

The provisions of this article establish the comprehensive regulations, conditions and limitations under which signs are permitted in the Town of Barnstable. It is intended that these regulations shall be held to be the minimum regulations necessary for the protection of the visual environment of the Town and the public safety, convenience and welfare and shall be narrowly construed and strictly applied in favor of the public interest to those ends.

§ 240-60 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ABANDONED SIGN
A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found.
ANIMATED SIGN
Any sign which uses movement or change of lighting to depict action or to create a special effect or scene.
AREA (OF A SIGN)
(See § 240-62 herein).
BANNER
A sign made of fabric or any nonrigid material with no enclosing framework.
BILLBOARD
(See "off-premises sign.")
BUILDING COMMISSIONER
The Building Commissioner of the Town of Barnstable or his designee.
BUILDING SIGN
A sign affixed to and wholly supported by an exterior wall of a building or structure.
BUSINESS AREA SIGNS
An off-premises sign intended to direct the motoring public to specific commercial areas only, and not to include individual businesses.
CANOPY OR ARCADE SIGN
A wall-mounted sign attached to or constructed on the face of a permanent roofed structure covering an area customarily used for pedestrian circulation.
CHANGEABLE-COPY SIGN
A sign that is designed so that characters, letters or illustrations can be changed or rearranged either manually or automatically without altering the face or the service of the sign.
CONSTRUCTION SIGN
A temporary sign identifying an architect, contractor, subcontractor, material supplier or others participating in the construction on the property on which the sign is located.
DIRECT LIGHTING
Illumination by means of an external source.
DIRECTIONAL/INFORMATION SIGN
An on-premises sign identifying a premises or activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises.
DISCONTINUED SIGN
(See "abandoned sign.")
DOUBLE-FACED SIGN
A sign with two faces or panels, neither of which is visible at the same time and are directly back to back as opposed to a V-shaped sign.
ELECTRONIC MESSAGE CENTER
A sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time-and-temperature units.
EXTERNALLY ILLUMINATED SIGN
A sign whose illumination is derived entirely from an external artificial source.
FACADE
The entire building front, including the parapet.
FLASHING SIGN
A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. This does not include changeable-copy signs, animated signs or signs which, through reflection or other means, create an illusion of flashing or intermittent light. (Compare "animated sign.")
FREESTANDING SIGN
A sign supported upon the ground by poles or braces and not attached to any building.
FRONTAGE
The length of the property line of any one premises along a public right-of-way on which it borders.
GOVERNMENT SIGN
Any temporary or permanent sign erected and maintained by the Town, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historic site or public service, property or facility.
HEIGHT (OF A SIGN)
The vertical distance measured from the highest point of the sign to the average ground grade beneath the sign.
IDENTIFICATION SIGN
A sign whose copy is limited to the name and address of the building, institution or person and/or activity or occupation being identified.
ILLEGAL SIGN
A sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
INDIRECT LIGHTING
Illumination by means of a concealed light source, whereby all incandescent or fluorescent devices are shielded from view by opaque or translucent materials, and including reflected lighting.
INTERNALLY ILLUMINATED SIGN
Illumination by means of a light source completely enclosed by the sign panel(s).
INTERMITTENT LIGHTING
(See "flashing sign.")
LOCATION HARDSHIP SIGN
[Added 6-17-2010 by Order No. 2010-123]
A. 
A temporary portable sign allowed in the HVB for a business demonstrating a location hardship, as further defined herein, to identify and/or direct patrons to their business. Such locations are ones where:
(1) 
A permitted sign is not visible due to substantial obstruction(s) outside the control or ownership of the business owner, including but not limited to other signs, awnings, trees in leaf, outdoor dining or other business appurtenances or where building facades are excessively setback; or
(2) 
Due to the location on an upper floor the business is unable to display a trade figure or symbol or a trade flag; or
(3) 
Where, due to the upper floor location, the visibility of other permitted signage is substantially reduced.
B. 
Hardship location signs are not counted toward the amount of signage allowed.
MAINTENANCE (OF A SIGN)
The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
MENU SIGNS
The menu normally presented at tableside.
MULTIPLE-FACED SIGNS
Signs containing more than two faces or panels.
NEON SIGN
A neon sign is made of glass tubes filled with an inert gas, such as neon or argon, electrified to produce illumination. This provision is an exception to § 240-24.1.10A(6).
[Added 6-20-2013 by Order No. 2013-133]
NONCONFORMING SIGN
Sign which was erected legally, but which does not comply with subsequently enacted regulations.
OFF-PREMISES SIGN
A sign structure advertising an establishment, merchandise, service or entertainment which is not sold, provided, manufactured or furnished at the property on which said sign is located, e.g., "billboards," "outdoor advertising" or "off-site signs."
ON-PREMISES SIGN
A sign which pertains to the use of the premises on which it is located and maintained.
OPEN/CLOSED SIGN
A sign indicating whether a business is open or closed. A business in the HVB may display a neon open/closed sign, as defined herein, indicating whether it is open or closed. Open/closed signs are not counted towards the amount of signage allowed.
[Added 6-17-2010 by Order No. 2010-123; amended 6-20-2013 by Order No. 2013-133]
OPEN HOUSE DIRECTIONAL SIGN
A temporary sign to be displayed only for real estate open house events staffed by real estate professionals such as brokers or agents. Such directional signs shall not exceed 24 inches by 24 inches in size, may be two-sided and shall display a directional arrow in addition to any other sign display.
[Added 5-5-2011 by Order No. 2011-046]
OPEN HOUSE SIGN
A temporary sign to be displayed only for real estate open house events where real estate professionals such as brokers or agents are present at the open house. Such signs shall not exceed 24 inches by 24 inches in size and may be two-sided A-frame or panel signs.
[Added 5-5-2011 by Order No. 2011-046]
PAINTED WALL SIGN
A sign which is applied with paint or similar substance on the face of a wall; such sign shall be considered a wall sign for calculation purposes.
PORTABLE SIGN
Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
PRIVATE WAY
For the purposes of this Article VII, a private way shall be considered a public way. (See "public way.")
PROJECTING SIGN
A sign other than a flat wall sign which is attached to and projects from a building wall or other structure not specifically designed to support the sign and is not parallel to the structure to which it is attached.
PUBLIC SERVICE INFORMATION SIGN
Any sign intended exclusively to promote items of general interest to the community, such as time, temperature, date, atmospheric conditions, news or travel control.
PUBLIC WAY
Any roadway over which everyone has rights to pass, including Town ways and private ways.
REAL ESTATE SIGN
A temporary sign advertising real estate upon which the sign is located as being for rent, lease or sale.
ROOF SIGN
Any sign erected upon a roof and wholly or partially supported by the sign structure placed upon the roof.
ROTATING SIGN
Any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement but not including methods of changing copy.
SIGN
Any permanent or temporary structure, light, letter, word, model, banner, pennant, insignia, trade flag, representation or any other device which is used to advertise, inform or attract the attention of the public and which is designed to be seen from outside a building, including all signs in windows or doors but not including window displays of merchandise.
SPECIAL EVENT SIGN
A temporary sign advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the Town.
STREET BANNER SIGN
Any banner which is stretched across and hung over a public right-of-way.
SUBDIVISION IDENTIFICATION SIGN
A freestanding or wall sign identifying a recognized subdivision, condominium complex or residential development.
TEMPORARY SIGN
A sign not constructed or intended for long-term use.
TRADE FIGURE OR SYMBOL
A three-dimensional representation of a business that is used to indicate the type of merchandise or services offered by the business. Trade figures or symbols shall be still and silent. Business trade figures are not counted towards the amount of signage allowed.
[Added 6-17-2010 by Order No. 2010-123]
Trade Figure or Symbol Example Butcher Shop
240-60 Trade figure.tif
TRADE FLAG
Any sign consisting of lightweight fabric that is affixed to a pole displaying letters, designs or icons exemplary of the business displaying the flag. Such images shall be consistent with the historical heritage and character of village or neighborhood in which it is displayed.
[Added 6-17-2010 by Order No. 2010-123; amended 5-5-2011 by Order No. 2011-047]
UNDER-CANOPY SIGN
A directional sign suspended beneath a canopy, ceiling, roof or marquee.
V-SHAPED SIGN
A sign with two faces or panels not supported by one common structural member and which faces are not back-to-back.
WALL SIGN
A sign attached parallel to and extending not more than 18 inches from the wall of a building, including painted signs, individual lettered signs, cabinet signs and signs on a mansard.
WINDOW SIGN
A sign installed inside a window and intended to be viewed from the outside.

§ 240-61 Prohibited signs.

The following signs shall be expressly prohibited in all zoning districts, contrary provisions of this chapter notwithstanding:
A. 
Any sign, all or any portion of which is set in motion by movement, including pennants, banners or flags, with the exception of trade flags pursuant to § 240-72 and at the entrance to subdivisions where developed and undeveloped lots are offered for initial sale and official flags of nations or administrative or political subdivisions thereof.
[Amended 6-17-2010 by Order No. 2010-123; 5-5-2011 by Order No. 2011-046; 5-5-2011 by Order No. 2011-047]
B. 
Any sign which incorporates any flashing, moving or intermittent lighting. Such signs include LED (light emitting diode) signs; LED border tube signs, including any sign that incorporates or consists solely of a LED border tube lighting system; and simulated neon signs which are extremely bright backlit signs using fluorescent lamps and neon colored inks or translucent vinyl for lettering and display.
[Amended 6-17-2010 by Order No. 2010-123]
C. 
Any display lighting by strings or tubes of lights, including lights which outline any part of a building or which are affixed to any ornamental portion thereof, except that temporary traditional holiday decorations of strings of small lights shall be permitted between November 15 and January 15 of the following year. Such temporary holiday lighting shall be removed by January 15.
D. 
Any sign which contains the words "Danger" or "Stop" or otherwise presents or implies the need or requirement of stopping or caution, or which is an imitation of, or is likely to be confused with any sign customarily displayed by a public authority.
E. 
Any sign which infringes upon the area necessary for visibility on corner lots.
F. 
Any sign which obstructs any window, door, fire escape, stairway, ladder or other opening intended to provide light, air or egress from any building.
G. 
Any sign or lighting which casts direct light or glare upon any property in a residential or professional residential district.
H. 
Any portable sign, with the exception of a location hardship sign in the HVB, including any sign displayed on a stored vehicle, except for temporary political signs.
[Amended 6-17-2010 by Order No. 2010-123]
I. 
Any sign which obstructs the reasonable visibility of or otherwise distracts attention from a sign maintained by a public authority.
J. 
Any sign or sign structure involving the use of motion pictures or projected photographic scenes or images.
K. 
Any sign attached to public or private utility poles, trees, signs or other appurtenances located within the right-of-way of a public way.
L. 
A sign painted upon or otherwise applied directly to the surface of a roof.
M. 
Signs advertising products, sales, events or activities which are tacked, painted or otherwise attached to poles, benches, barrels, buildings, traffic signal boxes, posts, trees, sidewalks, curbs, rocks and windows regardless of construction or application, except as otherwise specifically provided for herein.
N. 
Signs on or over Town property, except as authorized by the Building Commissioner for temporary signs for nonprofit, civic, educational, charitable and municipal agencies.
O. 
Signs that will obstruct the visibility of another sign which has the required permits and is otherwise in compliance with this chapter.
P. 
Off-premises signs except for business area signs as otherwise provided for herein.
Q. 
Any sign, picture, publication, display of explicit graphics or language or other advertising which is distinguished or characterized by emphasis depicting or describing sexual conduct or sexual activity as defined in MGL Ch. 272, § 31, displayed in windows, or upon any building, or visible from sidewalks, walkways, the air, roads, highways, or a public area.

§ 240-62 Determination of area of a sign.

A. 
The area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed.
B. 
The area of signs painted upon or applied to a building shall include all lettering, wording and accompanying designs or symbols together with any background of a different color than the finish material or the building face.
C. 
When a sign consists of individual letters or symbols attached to or painted on a surface, wall or window, the area shall be that of the smallest rectangle which encompasses all of the letters and symbols.
D. 
Only one side of a double-faced sign shall be counted in computing the area of that sign.
E. 
For the purposes of these regulations, the area of a building face or wall shall be calculated by using a height of no more than 10 feet from the ground multiplied by the width of the building front.

§ 240-63 Signs in residential districts.

[Amended 2-20-1997]
In residential districts, only the following signs are permitted:
A. 
One sign displaying the street number and identifying the premises not to exceed two square feet in area. The street number must be approved by the Engineering Department in conformance with the Town's regulations governing numbering of buildings.[1]
[1]
Editor's Note: See Ch. 51, Buildings, Numbering of.
B. 
One sign no larger than four square feet in area shall be allowed which displays the name of the house or the name of the family residing therein.
C. 
One sign not to exceed two square feet in area shall be permitted for a professional office or home occupation for which a special permit or variance has been granted by the Board of Appeals.
D. 
One temporary sign not to exceed four square feet in area advertising property for sale, lease or rent. Such signs must be removed within 10 days of transfer of title or signing of lease or rental agreement.
E. 
Where a legal nonconforming business exists within a residential district, one sign may be permitted by the Building Commissioner if it is determined that the appearance, placement, size and lighting of the proposed sign will not be detrimental to the residential character or visual quality of the area. In no instance shall such signs exceed eight feet in height or eight square feet in area.
F. 
Permits may be posted at construction sites as required by state or Town regulations, except that in no instance shall they be attached to trees or utility poles.
G. 
One identification sign not to exceed 12 square feet in area may be permitted at any public entrance to a subdivision or multifamily development.
H. 
Illuminated signs within residential zones require the approval of the Building Commissioner, and may be permitted if the applicant can demonstrate that the proposed illumination will not intrude upon adjacent residential areas, will not be illuminated except during actual hours of business, and will not cause traffic hazards.
I. 
One identifying sign for lodging houses, bed-and-breakfast or similar identification not to exceed four square feet in area.

§ 240-64 Signs in Medical Services District.

[Amended 7-14-2005 by Order No. 2005-100]
A. 
One sign giving the name of the occupant or other identification of a permitted use in a professional residential zone may be permitted. Such signs shall be no more than 12 square feet in area and shall not extend more than eight feet above the ground.
B. 
Any illuminated sign must comply with the provisions of § 240-63 herein.

§ 240-65 Signs in B, UB, HB, HO, S&D, SD-1 and GM Districts.

[Amended 8-15-1991; 7-15-1999; 6-20-2013 by Order No. 2013-133; 4-27-2017 by Order No. 2017-100]
A. 
Each business may be allowed a total of two signs.
B. 
The maximum height of any freestanding sign will be 10 feet, except that a height of up to 12 feet may be allowed by the Building Commissioner if it is determined that the additional height will be in keeping with the scale of the building and will not detract from the appearance or safety of the area and will not obscure existing signs that conform to these regulations and have a Town permit.
C. 
The area of all signs for each individual business establishment shall not exceed 10% of the area of the building facade associated with the business establishment that contains the establishment's primary customer entrance or 100 square feet, whichever is the lesser amount. In instances where multiple business establishments share a customer entrance on the same facade, the total square footage for all signs of all business establishments attached to each facade shall not exceed 10% of the total area of the facade associated with the business establishments that contains the establishments' shared customer entrance or 100 square feet, whichever is the lesser amount.
[Amended 4-17-2014 by Order No. 2014-047]
D. 
Only one freestanding sign is allowed per business, which may not exceed half the allowable size as permitted in this section.
E. 
One projecting overhanging sign may be permitted per business in lieu of either a freestanding or wall sign, provided that the sign does not exceed six square feet in area, is no higher than 10 feet from the ground at its highest point and is secured and located so as to preclude its becoming a hazard to the public. Any sign projecting onto Town property must have adequate public liability insurance coverage, and proof of such insurance must be provided to the Building Commissioner prior to the granting of a permit for such sign.
F. 
Incidental business signs indicating the business, hours of operation, credit cards accepted, business affiliations, "sale" signs and other temporary signs shall be permitted so long as the total area of all such signs does not exceed four square feet and is within the allowable maximum square footage permitted for each business.
G. 
When a business property is located on two or more public ways, the Building Commissioner may allow a second freestanding sign, so long as the total square footage of all signs for a single business does not exceed the provisions of this section.
H. 
When two or more businesses are located on a single lot, only one freestanding sign shall be allowed for that lot, except as provided in this section, in addition to one wall or awning sign for each business. If approved by the Building Commissioner, the one freestanding sign can include the names of all businesses on the lot.
I. 
One awning or canopy sign may be permitted per business in lieu of the allowable wall or freestanding sign, subject to approval by the Building Commissioner.
J. 
In addition to the allowable signs as specified in this section each restaurant may have a menu sign or board not to exceed three square feet.
K. 
In lieu of a wall sign, one roof sign shall be permitted per business, subject to the following requirements:
(1) 
The roof sign shall be located above the eave, and shall not project below the eave, or above a point located 2/3 of the distance from the eave to the ridge.
(2) 
The roof sign shall be no higher than 1/5 of its length.

§ 240-65.1 Signs in BA Districts.

[Added 6-20-2013 by Order No. 2013-133]
A. 
Business identification signs.
(1) 
Each business establishment is allowed two signs.
(2) 
The area of all signs for each individual business establishment shall not exceed 10% of the area of the building facade associated with the business establishment that contains the establishment's primary customer entrance or 100 square feet, whichever is the lesser amount.
(3) 
In instances where multiple business establishments share a customer entrance on the same facade, the following requirements shall apply:
(a) 
The total square footage for all signs of all business establishments attached to each facade shall not exceed 10% of the total area of the facade associated with the business establishments that contains the establishments' shared customer entrance or 100 square feet, whichever is the lesser amount.
(b) 
In instances where a building facade with a shared customer entrance does not have a ground-floor window belonging to each and all business establishments within the building, the following additional requirements shall apply:
[1] 
Business establishments with a window on the ground floor of the building facade that includes a shared customer entrance shall be allowed one sign attached to that building facade.
[2] 
Up to two directory signs shall be allowed for all businesses within the building. That sign may have multiple panels for each business tenant within the building. The total size of the directory sign(s) shall not exceed 20 square feet.
(4) 
Additional standards for each sign type. In addition to the number and size limitations of Subsection (A), signs shall be subject to the following requirements. The most restrictive requirement shall apply.
(a) 
Wall signs.
[1] 
The maximum size of a wall sign shall not exceed 50 square feet.
(b) 
Projecting signs.
[1] 
The maximum size of a projecting sign shall not exceed six square feet.
[2] 
The sign may be double-faced.
[3] 
The bottom of a projecting sign shall be a minimum of 8 feet from grade and the height of the projecting sign shall not exceed 12 feet where the sign projects over a pedestrian walkway.
[4] 
The projecting sign must be secured and located so as to preclude it from becoming a hazard to the public.
[5] 
Each business establishment may only have one projecting sign on a facade.
[6] 
Any sign projecting over Town property must have adequate public liability insurance coverage. Proof of such insurance must be provided to the Building Commissioner prior to the granting of a permit for such sign.
(c) 
Roof signs.
[1] 
The maximum size of a roof sign shall not exceed 20 square feet.
[2] 
A roof sign shall be no higher than 1/5 of its length.
[3] 
The roof sign shall be located above the eave, and shall not project below the eave, or above a point located 2/3 of the distance from the eave to the ridge.
(d) 
Freestanding signs.
[1] 
One freestanding sign is allowed on each lot where the building is set back a minimum of five feet from the property line.
[2] 
The sign may be double-faced.
[3] 
The maximum size and height of freestanding signs shall be as follows:
[a] 
For properties that contain one business establishment, a freestanding sign shall not exceed four square feet in area and seven feet in height.
[b] 
For properties that contain two or more business establishments, a freestanding sign shall not exceed eight square feet in area and 10 feet in height.
[c] 
For properties that are located in the portion of the BA District south of Osterville-West Barnstable Road and north of Pond Street, a freestanding sign shall not exceed 20 square feet in area and 12 feet in height.
[4] 
When a lot is located on two or more public ways, the Building Commissioner may allow a second freestanding sign, provided the second freestanding sign also conforms to the requirements of Subsection A(4)(d)[3] above.
(e) 
Awning signs.
[1] 
Signage may be displayed on a maximum of two awnings per facade per business establishment.
[2] 
For the purposes of this section, two awnings with signage on the same facade shall constitute one sign.
[3] 
When a business establishment elects to put signage on two awnings on the same facade pursuant to Subsection A(4)(e)[2] above, that business establishment shall be limited to one of the following additional signs:
[a] 
One wall sign, not to exceed six square feet in area; or
[b] 
One projecting sign, subject to the requirements of Subsection A(4)(b); or
[c] 
One freestanding sign, subject to the requirements of Subsection A(4)(d).
[4] 
Lettering on an awning sign shall not exceed six inches in height.
[5] 
Any logo, symbol, graphic, or image incorporated into an awning sign shall not exceed two square feet.
(5) 
Special permit for dimensional relief. Within the BA Zoning District, the Special Permit Grant Authority (SPGA) may provide relief subject to the provisions of § 240-125C herein, from the size and dimensional requirements of § 240-65.1A. The grant of any special permit for dimensional relief within the BA District shall require the SPGA to make the following findings:
(a) 
There are unique features affecting the property or structure containing the business establishment that make it distinctly different in character from other development in the district. Such features may include, but are not limited to, the visibility of a structure or primary customer entrance from a public way, the size of the structure containing the business establishment, orientation of the structure on the lot, access to the structure, or the number of tenants located on a single lot.
(b) 
The proposed sign is consistent with the visual character of surrounding neighborhood and the community.
B. 
Identification signs. Identification signs shall not count toward the total number of signs allowed for a business establishment in § 240-65.1A.
(1) 
Identification signs for secondary customer entrances.
(a) 
Each business establishment with a second customer entrance on a second facade oriented to a public way, parking lot, or publicly used walkway is allowed one identification sign.
(b) 
The area of the sign shall not exceed 5% of the area of the building facade associated with the business establishment that contains the establishment's secondary customer entrance or 20 square feet, whichever is the lesser amount.
(c) 
The identification sign shall be limited to either a wall sign, projecting sign, or awning sign, subject to the requirements set forth in § 240-65.1A(4) above.
(d) 
The sign shall be attached to the building facade containing the second customer entrance.
(e) 
In instances where the multiple business establishments share a secondary customer entrance, identification signs shall be subject to the requirements of § 240-65.1A(3), except that size limitations of Subsection B(1)(c) above shall apply.
(2) 
Identification signs for delivery or service entrances.
(a) 
Each business establishment is allowed one identification sign attached to a building facade oriented to a public way, parking lot, or publicly used walkway, providing that such facade has a delivery or service entrance serving that business establishment.
(b) 
The identification sign shall be a wall sign located near the delivery or service entrance.
(c) 
The maximum size of an identification sign shall not exceed two square feet.
C. 
Trade signs and temporary signs. These signs shall be permitted in addition to the signs permitted in Subsections A and B above. All trade signs and temporary signs shall be made of high-quality materials and kept clean and properly maintained so as to avoid peeling, rusting or other forms of decay.
(1) 
Menu signs.
(a) 
Each restaurant or food-service establishment may have one menu sign not to exceed three square feet.
(b) 
The menu sign shall be attached to the building.
(2) 
A-frame menu boards.
(a) 
A-frame menu boards are permitted for restaurants and other food service establishments.
(b) 
One A-frame menu board sign per establishment is permitted.
(c) 
The maximum size of the A-frame menu board shall not exceed two feet by three feet. The sign may be double-sided.
(d) 
The sign must be A-frame style, and the frame must be made out of solid wrought-iron and may incorporate a chalkboard.
(e) 
Where the A-frame menu board is proposed on private property, proof shall be submitted demonstrating to the satisfaction of the Building Commissioner that explicit written permission has been given by the owner of the property proposed for locating the A-frame menu board.
(f) 
Where the A-frame menu board is proposed on Town property, the following additional criteria shall be met:
[1] 
Proof of receipt of a license from the Town Manager or designee for the sign at the proposed location.
[2] 
Proof of insurance consistent with this license from the Town Manager or designee shall be provided to the Building Commissioner prior to placing any approved sign.
(g) 
A-frame menu boards may not be used in conjunction with trade figure/symbols, open/closed signs or menu signs.
(h) 
A-frame menu boards must comply with the following performance standards:
[1] 
Shall be secured as necessary so as not to create nuisance or hazard to pedestrians, motorists or business patrons under any conditions.
[2] 
Shall not obstruct safe passage or impede accessibility on the sidewalk.
[3] 
Shall not obstruct views to another business or business sign.
[4] 
Shall be professionally made and well maintained. Hand-lettered signs shall not incorporate informal, irregular hand lettering.
[5] 
Shall not be illuminated.
[6] 
Shall not have lights, banners, flags or similar objects placed on or adjacent to the sign.
[7] 
Shall be placed on the sidewalk leading to the public business entrance.
[8] 
Shall be removed at the close of business each day.
[9] 
Shall not be displayed outside of business hours.
(3) 
Trade figure or symbols.
(a) 
One trade figure or symbol per business establishment is permitted.
(b) 
The trade figure or symbol shall represent the business and/or its services and shall be based on historic trade representations.
(c) 
Trade figures or symbols shall comply with the following requirements:
[1] 
The trade figure or symbol shall be placed at the public entrance immediately abutting the building front or affixed to the front facade of the building in which the business is located. Trade figures or symbols may also be incorporated into a freestanding sign.
[2] 
The maximum size of any trade figure or symbol shall be three cubic feet.
[3] 
The trade figure or symbol shall be secured as necessary so that it does not create nuisance or hazard under any conditions to pedestrians, motorists or business patrons.
[4] 
The trade figure or symbol shall not obstruct safe passage or impede accessibility on the sidewalk and shall not obstruct views to another business or business sign.
[5] 
Trade figures or symbols may not be used in conjunction with A-frame menu boards.
(d) 
Proof shall be submitted demonstrating to the satisfaction of the Building Commissioner that explicit written permission has been given by the owner of the property proposed for locating the trade figure or symbol.
(e) 
Where the trade figure or symbol is proposed on Town property, the following additional criteria shall be met:
[1] 
Proof of receipt of a license from the Town Manager or designee for the sign at the proposed location.
[2] 
Proof of insurance consistent with this license from the Town Manager or designee shall be provided to the Building Commissioner prior to placing any approved trade figure or symbol.
(4) 
Open/closed signs.
(a) 
Each business establishment is allowed one open/closed sign on each building facade oriented to a street or parking lot, providing that such facade has a customer entrance serving that business establishment.
(b) 
The open/closed sign shall either be attached at the customer entrance, in a display window or door of the building in which the business is located or attached to a freestanding sign. Open/closed signs may also be incorporated into a trade figure or A-frame menu board.
(c) 
The maximum size of an open/closed sign shall not exceed 22 inches by 14 inches.
(5) 
Incidental business signs.
(a) 
Incidental business signs indicating the business, hours of operation, credit cards accepted, and business affiliations shall be permitted so long as the total area of all signs does not exceed one square foot.
(b) 
"Sale" signs and other temporary signs shall be permitted so long as the total area of all such signs does not exceed three square feet.
(6) 
Trade flags. Trade flags are prohibited in the BA District.
D. 
Illumination, design and materials.
(1) 
No neon or LED signs are permitted in the BA District.
(2) 
Internally illuminated signs are prohibited in the BA District.
(3) 
The lettering, shape, and color employed in a sign shall be compatible with the form, color, and materials of the building housing the business establishment that the sign is identifying. Signs for different businesses within the same building or for multiple business establishments in multiple buildings on the same property shall be of harmonious style and design.
(4) 
Wall signs, projecting signs, roof signs, and freestanding signs shall be made primarily of wood, PVC composite, medium-density or high-density overlay plywood or HDPE sign board.

§ 240-66 Signs in industrial districts.

The provisions of § 240-65 herein shall apply, except that the total square footage of all signs, while normally not to exceed 100 square feet, may be allowed up to 200 square feet if the Building Commissioner finds that larger signs are necessary for the site and are within the scale of the building and are otherwise compatible with the area and in compliance with the provisions and intent of these regulations.

§ 240-67 Signs in CVD, OM, HG, TD, VB-A, WBVBD and MMV Districts.

[Amended 6-1-2006 by Order No. 2006-136; 7-16-2009 by Order No. 2009-137; 6-17-2010 by Order No. 2010-122; 9-8-2011 by Order No. 2011-138]
The provisions of § 240-65 herein shall apply except that:
A. 
The maximum allowable height of all signs is eight feet, except that the Building Commissioner may allow up to 12 feet if he finds that such height is necessary for the site and is compatible with the appearance, scale and character of the area.
B. 
The maximum square footage of all signs shall be 50 square feet or 10% of the building face, whichever is less.
C. 
The maximum size of any freestanding sign shall be 10 square feet, except that the Building Commissioner may grant up to 24 square feet if he finds that the size is necessary for the site and that the larger size is in scale with the building and does not detract from the visual quality or character of the area.

§ 240-68 Signs in MB-A1, MB-A2, MB-B and HD Districts.

[Amended 7-14-2005 by Order No. 2005-100]
The provisions of § 240-65 herein shall apply except that:
A. 
The maximum allowable height of signs shall not exceed eight feet.
B. 
Freestanding signs shall not exceed 24 square feet in area.
C. 
The total square footage of all signs shall not exceed 50 square feet.

§ 240-69 Gasoline station signs.

A. 
In addition to the two allowable signs as specified in § 240-65 herein each gas pump may have signage not to exceed 12 inches by eight inches indicating the name or type of gasoline and its price and other information as may be required by federal, state or Town regulation.
B. 
Each gas station or garage may divide the one allowable attached wall sign into no more than four separate signs affixed to and parallel to the wall indicating the separate operations or departments of the business, provided that the total area of the separate signs shall not exceed maximum permitted areas specified in § 240-65 herein.
C. 
If the business is an approved inspection station, it may additionally have a sign indicating that fact as part of its permitted building or freestanding sign, except that the total square footage of all signs must not exceed the maximum permitted in § 240-65 herein.
D. 
Temporary or portable signs of any and every type are specifically prohibited.

§ 240-70 Shopping center signs.

Each business in a shopping center is allowed one attached building sign and one portion of a common freestanding sign. If the shopping center has two or more public entrances which are at least 500 feet apart, a second freestanding sign may be permitted if the Building Commissioner finds that an additional sign is necessary, will not represent a visual hazard, and will not detract from the visual quality or character of the area.

§ 240-71 Signs HVB District.

[Amended 11-15-2001 by Order No. 2002-029; 7-14-2005 by Order No. 2005-100]
The provisions of § 240-65 herein shall apply except that:
A. 
The maximum allowable height of all signs on buildings shall be 12 feet, and the maximum height of a freestanding sign shall be eight feet.
B. 
The maximum square footage of all signs shall be 50 square feet or 10% of the building face, whichever is less.
C. 
The maximum size of any freestanding sign shall be 12 square feet.
D. 
Temporary street banners may be permitted in the HVB Business District only, for the purpose of informing the general public of community events and activities, with approval of the Town Manager. Street banners shall be hung in prescribed locations, securely fastened to buildings, maintain a minimum height of 16 feet above the street, be constructed of durable materials, used solely for community events in the district, and remain in place for no more than three weeks prior to the event and be removed within one week after the event.
E. 
Open/closed sign, business trade figure or symbol, or location hardship sign: Subject to § 240-85, Permit required; identification stickers.
[Added 6-17-2010 by Order No. 2010-123; amended 5-5-2011 by Order No. 2011-047]
(1) 
Open/closed sign. A business may display a sign to identify and/or direct patrons to their business, provided that the following standards are met:
(a) 
The open/closed sign is attached, at the public entrance, in a display window or door of the building in which the business is located.
(b) 
Only one open/closed sign per business establishment is permitted per frontage.
(c) 
An open/closed sign may not be used in conjunction with a trade flag or business trade figure or symbol.
(d) 
The dimensions of any open/closed sign shall not exceed 22 inches by 14 inches.
(2) 
Trade figure or symbol. A business may use a three dimensional representation of their business, providing that the following criteria are met:
(a) 
The business trade figure or symbol is placed at the public entrance immediately abutting the building front or is affixed to the front facade of the building in which the business is located. Such figures or symbols shall not be located on Town property.
(b) 
The business trade figure or symbol represents the business and/or its services and is based on historic trade representations.
(c) 
Only one business trade figure or symbol per business establishment is permitted.
(d) 
A business trade figure or symbol may not be used in conjunction with an open/closed sign or a trade flag.
(e) 
The dimensions of any business trade figure or symbol shall not exceed two feet by three feet by four feet.
(f) 
The business trade figure or symbol shall be secured as necessary so that it does not create nuisance or hazard under any conditions to pedestrians, motorists or business patrons.
(g) 
The business trade figure or symbol shall not obstruct safe passage or impeded accessibility on the sidewalk and shall not obstruct views to another business or business sign.
(h) 
Proof shall be submitted demonstrating to the satisfaction of the Building Commissioner that explicit written permission has been given by the owner of the property proposed for locating the trade figure or symbol.
(3) 
Location hardship sign. These signs are allowed in the HVB District, provided that a special permit is obtained from the Planning Board subject to the provisions of § 240-125C herein and subject to the following criteria and performance standards.
(a) 
Criteria.
[1] 
Applications for location hardship signs shall demonstrate through visual evidence substantial obstruction or other substantial location hardship as defined herein.
[2] 
One location hardship sign is permitted per each business frontage.
[3] 
Evidence demonstrating to the satisfaction of the Planning Board and the Building Commissioner that explicit written permission has been given by the owner(s) of the property proposed for placing the sign that is the subject of the special permit application.
[4] 
Where the location hardship sign is within the Hyannis Main Street and Waterfront Historic District a certificate of appropriateness shall be obtained prior to and submitted with the application for special permit.
[5] 
Where the location hardship sign is proposed on Town property, the following additional criteria shall be met:
[a] 
Proof of receipt of a license from the Town Manager or designee for the sign at the proposed location.
[b] 
Proof of insurance consistent with this license from the Town Manager or designee shall be provided to the Planning Board and the Building Commissioner prior to placing any approved sign.
(b) 
Performance standards.
[1] 
Location hardship signs:
[a] 
Shall not exceed two feet by four feet.
[b] 
Shall be secured as necessary so as not to create nuisance or hazard to pedestrians, motorists or business patrons under any conditions.
[c] 
Shall not obstruct safe passage or impede accessibility on the sidewalk.
[d] 
Shall not obstruct views to another business or business sign.
[e] 
Shall be professionally made, professionally painted and well maintained. Hand-lettered signs shall not incorporate informal, irregular hand lettering.
[f] 
Shall not be illuminated.
[g] 
Shall not have lights, banners, flags or similar objects placed on or adjacent to the sign.
[h] 
Shall be placed on the sidewalk leading to the public business entrance.
[i] 
Shall be removed at the close of business each day.
[j] 
Shall not be displayed outside of business hours.

§ 240-72 Trade flags. [1]

[Added 5-5-2011 by Order No. 2011-047]
Trade flags may be displayed by a business use located in a nonresidential zoning district or trade flags may be displayed by a preexisting nonconforming business use along the portion of Phinneys Lane from Attucks Lane to Kidd's Hill Road and along Route 6A from Sandwich/Barnstable line to the Barnstable/Yarmouth line. Trade flags are subject to § 240-85 and to the following:
A. 
Trade flags shall not be displayed in conjunction with location hardship signs, open/closed signs, or trade figure or symbol.
B. 
Trade flags are not counted towards the amount of signage allowed.
C. 
Trade flags shall be attached at the primary public entrance, to the facade of the building in which the business is located.
D. 
One trade flag per business establishment is permitted. For structures with common entrances leading to multiple business establishments, only one trade flag is allowed per common entrance.
E. 
The dimensions of any trade flag shall not exceed three feet by five feet.[2]
[2]
Editor's Note: Former Subsection F, regarding trade flags in the BA District, which immediately followed this subsection, was repealed 6-20-2013 by Order No. 2013-133.
[1]
Editor's Note: Former § 240-72, Signs in B-1, O-1, O-2, and O-3 Districts, as amended, was repealed 7-14-2005 by Order No. 2005-100.

§ 240-73 Construction signs.

A. 
When a building permit has been issued for the construction, alteration or repair of a structure, and all other required permits have been obtained, contractors or architects shall display a sign on the site while approved work is going on.
B. 
No contractor or architect shall display more than one sign on any building at any given time.
C. 
No sign shall be larger than 24 square feet in area, nor more than five feet tall.
D. 
The total area of all construction signs displayed at a site at any given time shall not exceed 24 square feet.

§ 240-74 Temporary signs.

Temporary signs and special sale signs may be permitted in all districts subject to the following requirements:
A. 
The total area of all temporary signs allowed in this section shall not exceed 20% of the glass area of the window in which the sign is placed.
B. 
Special event and/or temporary signs, flags or banners belonging to a not-for-profit organization, civic organization or church:
[Added 5-7-2009 by Order No. 2009-074]
(1) 
Prior to installation, shall be registered with and approved by the Building Commissioner for a specific property owned or leased to a not-for-profit, civic organization or church.
(2) 
Shall be displayed only during permitted hours of operation and shall be removed once operations cease each day.
(3) 
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk.
(4) 
Shall not exceed four feet in width and five feet in length.
(5) 
Shall remain subject to approvals of all applicable historic boards or commissions.
C. 
Real estate signs.
[Added 5-5-2011 by Order No. 2011-046]
(1) 
Open house signs:
(a) 
Shall only be placed for display 60 minutes before and shall be removed within 60 minutes after the open house event.
(b) 
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk.
(c) 
Shall not be placed in any area that obstructs or otherwise intrudes into areas containing memorials or monuments. Open house signs are prohibited on a traffic island where such memorials or monuments are located.
(2) 
Open house directional signs:
(a) 
Shall only be placed for display 60 minutes before and shall be removed within 60 minutes after the open house event.
(b) 
Shall only be displayed to assist motorists in finding an open house that is concurrently displaying an open house sign.
(c) 
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk.
(d) 
Shall not be placed in any area that obstructs or otherwise intrudes into areas containing memorials or monuments. Open house signs are prohibited on a traffic island where such memorials or monuments are located.
(3) 
Subdivision off-premises directional signs:
(a) 
Shall be displayed only during period of time when developed or undeveloped lots in the subdivision are offered for initial sale by the developer and shall be removed once such initial sales are complete.
(b) 
In accordance with § 240-85, prior to installation, shall be permitted by the Building Commissioner for the specific subdivision. Evidence of ownership, lease or other arrangement allowing installation and display at the proposed location shall be provided to the Building Commissioner with the sign permit application.
(c) 
Shall not obstruct pedestrian and/or vehicular traffic or be otherwise considered, at the discretion of the Building Commissioner or public safety officials, to be a public safety risk.
(d) 
Shall be located within reasonable proximity to the boundary of the subdivision.
(e) 
Shall not exceed three feet by five feet.
(f) 
Shall remain subject to approvals of all applicable historic boards or commissions.

§ 240-75 Directional or safety signs.

In addition to other allowable signs, directional, warning or traffic signs necessary for the safety and direction of residents, employees, customers and visitors may be allowed as follows:
A. 
Such signs shall not exceed one square foot in area, nor be more than three feet high.
B. 
No more than four such signs will be allowed per site.
C. 
The Building Commissioner may grant exceptions from the provisions of this subsection on a case-by-case basis if he finds that the site requires more or larger or higher directional or safety signs, and that such signs will not conflict with the visual quality and character of the area nor lead to clutter or confusion.

§ 240-76 Business area signs.

Business area signs may, at the discretion of the Building Commissioner, be permitted off-premises in remote areas, provided that the owner of record of the land on which the sign is placed has given written permission and that such signs shall be no more than eight square feet in area and shall identify the business area only, and not individual businesses.

§ 240-77 Movie houses and places of entertainment.

A. 
Movie houses and places of entertainment may use one of their signs as a display sign indicating movie titles, their ratings, the time(s) of showing, or in the case of places of entertainment, the names of current and/or next-appearing performers so long as they meet all dimensional requirements.
B. 
When a movie house or place of entertainment is one of two or more businesses on a single lot, the Building Commissioner may allow two freestanding signs, one of which may be a display sign, so long as the total area of both signs combined does not exceed the maximum square footage allowed in § 240-65 herein.

§ 240-78 Illumination.

[Amended 11-15-2001 by Order No. 2002-029]
A. 
Illuminated signs will normally not exceed fifty-foot lamberts (or equivalent measurement) of intensity. Additional intensity may be permitted by the Building Commissioner if it is determined that additional intensity is necessary and that it will not detract from the visual quality or character of the area.
[Amended 7-14-2005 by Order No. 2005-100]
(1) 
Internally illuminated signs shall not be permitted in the Hyannis Village Zoning Districts.
B. 
The light from any sign shall be so shaded, shielded or directed or shall be maintained at a sufficiently low level of intensity and brightness so that it shall not adversely affect neighboring premises or the safe vision of operators of vehicles moving on public roads and highways.
C. 
All illuminated signs shall be so shaded, shielded or directed that they will not reflect or shine on or into residential structures to an extent that would constitute a nuisance or a disruption of the residential character of the area.

§ 240-79 Signs in Old King's Highway Historic District.

A. 
The dimensional requirements of these regulations shall apply to all portions of the Town.
B. 
Within the boundaries of the Old King's Highway Historic District, the Historic District's Regional Committee shall exercise the duties of the Building Commissioner for the purposes of these regulations, except that the Building Commissioner shall be informed of all actions taken by the Regional Committee.
C. 
The Building Commissioner and the Chairman of Regional Committee shall consult with each other frequently regarding the administration of these regulations, and shall work together to establish common sign and architectural standards whenever possible.

§ 240-80 Relocating or changing signs.

A. 
Any sign that is moved to another location, either on the same or other premises shall require a permit.
B. 
Any change in the width, length, height, color, wording, materials, illumination or clearance between the bottom of the sign and the ground, other than authorized in the permit, will require a new permit prior to making any such changes.

§ 240-81 Transfer of permits prohibited.

Permits cannot be transferred, and the new owner of a business for which there are permitted signs must request a permit for those signs, which shall be granted if all signs are found to be in compliance with these regulations.

§ 240-82 Protection of subsequent purchasers.

Any vendor or lessor who sells or leases any real property which includes a nonconforming sign or signs has a duty to disclose to his vendee or lessee the time remaining in the amortization or transition period applicable to the sign or signs in question.

§ 240-83 Illegal signs.

A. 
Order to remove. Following the procedures described in these regulations for abandoned signs, the Building Commissioner can establish an order of removal for illegal signs which may then be removed by the Building Commissioner following due procedures of law, with costs assessed to the permit holder or property owner.
B. 
New signs at sites of illegal signs. No sign permit shall be granted for a new sign to be located on a building or on a lot where one or more illegal signs exist.

§ 240-84 Abandoned signs.

A. 
Signs which have been abandoned due to a closing of a business, a change in business name or for any other reason which renders the sign not applicable to the property involved shall be removed by the permit holder or the owner of the building or premises within 14 days from the date of the action that caused the sign to be considered abandoned.
B. 
A condition of approval for all sign permits shall be that permit holders or owners of the building or premises shall, at his or her own expense, remove all abandoned signs.
C. 
New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed.
D. 
The Building Commissioner shall determine when a sign is abandoned. Notice shall be sent to the permit holder and to the property owner prior to administrative action.

§ 240-85 Permit required; identification stickers.

A. 
All signs regulated by this chapter require a permit from the Building Commissioner, with the exception of residential signs described in § 240-63A and B herein, so long as the house number has been approved by the Engineering Department.
B. 
Failure to obtain a permit shall make the sign illegal and subject to the penalty provisions of § 240-86 herein.
C. 
All signs regulated by this chapter shall be marked with an identification sticker supplied by the Building Commissioner. Failure to display this sticker as issued by the Town shall constitute a violation of these regulations and be subject to the provisions of § 240-86 herein.

§ 240-86 Violations and penalties.

A. 
The Building Commissioner may issue citations for violations of these regulations.
B. 
A failure to respond to properly issued citations or the issuance of three or more citations for a sign shall be construed as a major violation subject to a fine of not more than $100. Each day that such violation continues shall constitute a separate offense.
C. 
Continued violation, even with payment of penalties, for a period of 60 days, shall be grounds for removal of the sign(s) in question, following the procedures for illegal signs.
D. 
Applicants for signs who have previously had penalties for illegal signs may be required to post a deposit of not more than $500 per sign for new permits. The Building Commissioner shall review the sign one year from the issuance of a permit and either issue a certificate of compliance, release the deposit, or order necessary corrective action utilizing the deposited funds, with any remaining funds and a full accounting of monies spent returned to the applicant.

§ 240-87 Safety and maintenance.

A. 
All signs, together with their supporting structures, must be kept properly maintained, repaired, and in proper condition. All signs and the grounds about them shall be kept free from all rubbish and other objectionable material.
B. 
Failure to comply with these provisions shall be grounds for a citation.
C. 
If the Building Commissioner finds that a sign is unsafe or otherwise improperly maintained, he shall issue a written notice to that effect to the permit holder and the property owner. If the specified conditions are not corrected, the Building Commissioner is authorized to remove or repair the sign, all costs of which shall be assessed to the permit holder or property owner, including an administrative fee of $50. If public safety is involved, the Building Commissioner may take immediate action.

§ 240-88 Appeals.

Any individual aggrieved by a decision of the Building Commissioner may appeal to the Barnstable Board of Appeals, as provided under Chapter 40A of the General Laws.

§ 240-89 Enforcement.

[Amended 10-17-2002]
A. 
The provisions of these regulations shall be enforced by the Building Commissioner.
B. 
Citations, as specified in § 240-85 may be issued by the Building Commissioner.