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Zoning Ordinance for the City of Easthampton, MA extraction from PDF on the City's website Section X10.0 Signs 10.01 Purposes 10.02 Applicability 10.03 Definitions 10.04 General Standards 10.05 Sign Location and Size 10.06 Prohibited Signs 10.07 Nonconforming Signs 10.08 Nonconforming Billboards tables will be added at a later date

SECTION X. ADDITIONAL LAND USE REGULATIONS 10.0 SIGNS 10.01 Purposes The purposes of these sign regulations are: to protect public health safety and welfare; to encourage the effective use of signs as a means of communication in Easthampton; to maintain and enhance the aesthetic environment and Easthampton's ability to attract sources of economic development; to protect property values; and to reduce potential traffic hazards to motorists and pedestrians. 10.02 Applicability a. The provisions of this section shall apply to the construction, erection, alteration, use, location, and maintenance of all signs located out of doors, to those signs affixed on any part of a building for the express purpose of being visible from the exterior of the building. b. No sign shall be permitted except those which refer to a permitted use or an approved accessory use as set forth in Table 5-1 (Easthampton Table of Use Regulations) of this ordinance, provided such signs conform to the provisions of this Section. 10.03 Definitions Banner: Any temporary sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. Building sign: Any sign attached to any part of a building, as contrasted to a freestanding sign. Business Sign: A sign used to direct attention to a service, product sold, or other activity performed on the same premises upon which the sign is located. Canopy sign: 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. A marquee is not a canopy. Commercial message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Construction sign: A temporary sign of an architect, engineer, or contractor, erected during the period such person is performing work on the premises on which such sign is erected. Development sign: A sign used to direct attention to a site which includes a lot or lots considered as a unit for development purposes where the lot or lots is occupied by more than one use whether in the same structure or not. Directional sign: An off-premises sign which indicates the direction or distance to a geographic area, but does not identify or advertise any particular commercial or noncommercial enterprise or group of commercial or noncommercial enterprises. For sale, rent or lease sign: A temporary sign advertising real property for sale, rent or lease. Free-standing sign: Any sign supported by structure or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Free-standing signs do not include movable or trailer type signs. Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental. Identification sign: A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises on which the sign is located. Marquee: Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Marquee sign: Any sign attached to, in any manner, or made part of a marquee. Movable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Nonconforming sign: Any sign that does not conform to the requirements of this ordinance. Off-premise sign: Any sign that advertises or indicates someone other than the person occupying he premises on which the sign is erected or maintained, or some business or businesses other than that transacted thereon, or advertises another property or any part thereof as for sale or rent. On-premise sign: Any sign that advertises or indicates the occupant of the premises on which the sign is erected or maintained. Political sign: A noncommercial sign erected to show support for a candidate for public office or to express a political opinion. Projecting sign: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall. Roof sign: A sign which is located above, or projected above, the lowest point of the eaves or the top of the parapet wall of any building, or which painted on or fastened to a roof. Sign: Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination. Special event sign A temporary sign used in connection with a circumstance, situation, or event (i.e. church bazaar, grand opening, fair, circus, festival, performance, or competition) that is expected to be complete within a reasonably short or definite period. Surface area of a sign: (1) For a sign, either freestanding or attached, the area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or closed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. (2) For a sign consisting of individual letters, designs and symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, and designs and symbols. Temporary sign: Any sign that is not permanently mounted, including its support structure, and is intended to be used temporarily for a continuous period of not more than 90 days in any calendar year. Wall sign: Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. 10.04 General Standards a. All signs shall comply with the regulations for the erection and construction of signs contained in other applicable city regulations, except as shall be under the jurisdiction of Massachusetts General Laws, Chapter 93, Section 29 through 33, inclusive, and Chapter 93D. b. Any traffic or direction sign owned and installed by a governmental agency shall be permitted. c. A sign or its illuminator shall not, by reason of its location, shape, 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. d. No more than two (2) signs shall be allowed for any one business or industrial establishment in the DB, HB, NB, I, MI or any residential districts by right. A Special Permit from the Zoning Board of Appeals is required for more than two (2) signs for any one business or industrial establishment. In no case shall more than four (4) signs be permitted. e. 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 any business, industry or residence. f. No commercial or political private sign shall be permitted on a public property. g. Signs necessary to warn of a hazard or to post shall be permitted as required to accomplish these purposes. h. No sign, together with any supporting framework, shall extend to a height above the maximum building height in the underlying zoning district. i. No free-standing sign shall project over or into any public sidewalk or public way. j. If any sign is illuminated, whether internally or externally, it shall be with blue or white nonflashing lights only. k. Only sign types in Table 10-1 (Types of Permitted Signs) shall be permitted. 10.05 Sign Location and Size 10.051 In addition to conforming with the sign standards of Table 10-2 (Permitted Sign Uses), signs must comply with the following applicable standards: a. Temporary signs for architect, engineer or contractor may only be erected during the period such person is performing work in the premises on which such sign is erected and he shall have written permission of the owner. b. Any sign for multiple use lots in the Highway Business and Industrial districts must include the street number at the top of the sign. 10.06 Prohibited Signs a. Flashing signs, signs containing moving parts, signs containing reflective elements which sparkle in the sunlight, inflatable signs and tethered balloon signs are prohibited. b. Off-premise signs are generally prohibited except for political off-premise signs or temporary special event signs. c. Any sign advertising or identifying a business or organization which is either defunct or nor longer located on the premises is not permitted d. Any new billboards are prohibited. 10.07 Nonconforming Signs a. Continuance A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this ordinance may continue, although such sign does not conform to the provisions of this ordinance. b. Replacement Any sign replacing a nonconforming sign shall conform with the provisions of this section, and the nonconforming sign shall no longer be displayed. If the sign is structurally altered, then the nonconforming sign must become a conforming sign. This standard does not apply to billboards. c. Abandonment If a nonconforming sign associated with a permitted use of structure has been abandoned for no less than two years (i.e., the structure has not been occupied for six months) then the nonconforming sign shall be removed and its nonconformity shall not continue. 10.08 Nonconforming Billboards 10.081 All nonconforming billboards existing as of January 18, 1995 may remain in place and be maintained for five (5) years after said effective date, subject to the following requirements: a. No nonconforming sign shall be structurally altered so as to change the shape, size, or type of the sign, nor shall any nonconforming sign be relocated. b. No nonconforming sign shall be allowed to remain after the activity, business or use to which it relates has been discontinued. c. If a nonconforming sign is damaged in such a manner that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign shall not be allowed to remain and must be removed. 10.082 Within five (5) years after January 18, 1995 all nonconforming billboards shall be removed, unless such time is extended pursuant to the following requirements: a. The owner of any nonconforming billboard shall have the right, within five (5) years from and after the effective date of this ordinance to apply for a Special Permit from the Zoning Board of Appeals for an extension of the time within which such sign may be permitted to remain. (1) If such sign is nonconforming only as to its specific location on the building or premises, and can be removed or relocated so as to conform with the requirements of the section, then the time may not be extended. (2) If the sign is nonconforming as to its size, then the time may be extended by the Zoning Board of Appeals one (1) calendar month for each hundred dollars ($100.00) of the owner’s unused investment in the sign. The term “unused investment” shall mean the original actual dollar cost for federal income tax purposes, all as certified in writing at the request of the owner by a certified public accountant.