LEGAL NOTICE
CITY OF MARLBOROUGH
OFFICE OF THE CITY COUNCIL
ORDER NO.07-100-1607
PROPOSED SIGN ORDINANCE
Notice is hereby given that the Marlborough City Council will hold a PUBLIC HEARING on Monday, September 10, 2007 at 8:00 PM in the City Council Chambers, 2nd floor, City Hall, 140 Main Street, Marlborough, MA on proposed amendments to the SIGN ORDINANCE.
All interested persons shall be given an opportunity to be heard for or against the proposed ordinance. A copy of the proposal may be obtained in the City Clerk's Office, 140 Main Street, Main Floor, City Hall, 508-460-3775. Interested persons may email requests for copies or submit comments to the City Council Office @ citycouncil@ci.marlborough.ma.us.
Proposed Sign Ordinance follows:
CHAPTER 163 SIGNS
163 - 1 STATEMENT OF PURPOSE
163 - 2 NONCOMMERCIAL SIGNS AND MESSAGES
163 - 3 DEFINITIONS
163 - 4 SIGN DISTRICTS
163 - 5 GROUND GRAPHICS
A. Where Permitted.
B. Absence of Wall Sign.
C. Size, Setback, and Height Regulations.
D. A Multi-Use Premises or Business Center.
E. Landscaping.
F. Additional Conditions.
163 - 6 WALL GRAPHICS
A. Where Permitted.
B. Calculation of Area.
C. Relationship to Ground Graphics.
D. Additional Limitations.
E. Relationship to Ground Graphics.
163 - 7 PROJECTING GRAPHICS
A. Where Permitted.
B. Signable Area.
C. Additional Limitations.
163 - 8 AWNINGS
A. Where Permitted.
B. Signable Area.
C. Height and Width.
163 - 9 TEMPORARY AND OTHER SPECIAL STREET GRAPHICS
A. Grand Opening Graphic.
B. Window Graphics.
C. Directional Graphics.
D. Real Estate Signs.
E. Temporary Political Signs:
F. Temporary Community Events Signs:
G. Permanent Community Informational Signs
H. Temporary Signs Advertising Apartments for Rent:
I. Churches.
163 - 10 ILLUMINATION AND MOVEMENT
A. Certain Kinds of Illumination and Movement Prohibited.
B. Illumination Requirements.
C. Glare.
163 - 11 ITEMS OF INFORMATION ALLOWANCE
A. Items of Information
B. Property Address.
C. Style.
163 - 12 PROGRAMS FOR GRAPHICS
A. Purpose.
B. When Allowed.
C. Standards for Approval.
D. Display of Street Graphics.
163 - 13 STREET GRAPHICS PROHIBITED OR EXEMPT
A. Prohibited Street Graphics.
B. Exempt Street Graphics.
163 - 14 MISCELLANEOUS
A. Change and Modification.
B. Maintenance.
C. Removal.
D. Street Graphic Permit.
E. Separation.
F. Grandfathering
G. Certificate of Nonconformity.
163 - 15 PERMITS
A. Permit Required.
B. Application.
C. Review and Time Limits.
D. Approval or Denial.
E. Appeals.
F. Fees.
G. Exemptions.
163 - 16 ENFORCEMENT
A. Placement.
B. Violation Per Sign.
C. Violation Per Day.
D. License.
163 - 17 SEVERABILITY CLAUSE
163 - 1 STATEMENT OF PURPOSE
The purpose of this ordinance is to create the legal framework for a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this ordinance to authorize the use of street graphics that are:
Compatible with their surroundings;
Appropriate to the activity that displays them;
Expressive of the identity of individual activities and the community as a whole; and
Legible in the circumstances in which they are seen.
163 - 2 NONCOMMERCIAL SIGNS AND MESSAGES
Any street graphic that can be displayed under the provisions of this ordinance may contain a noncommercial message.
163 - 3 DEFINITIONS
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED SIGN: A sign which no longer correctly directs or exhorts any person or advertises a bona fide business, lessor, owner, product or activity conducted on the premises where such a sign is displayed.
ABOVE-ROOF GRAPHIC: A street graphic displayed above the peak or parapet of a building.
ALTERED: To be changed in any way, including change in structure, size, location, design or lettering.
ANIMATION OR ANIMATED: (See also changeable copy and movement) The movement or the optical illusion of movement of any part of the street graphic structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street graphic.
ARCHITECTURAL DETAIL: (See also signable area, wall and roof graphics) Any projection, relief cornice, column, change of building material, window, or door opening on any building.
ARCHITECTURAL, HISTORIC, OR SCENIC AREA: An area that contains unique architectural, historic, or scenic characteristics that requires special regulations to ensure that street graphics displayed within the area enhance its visual character and are compatible with it.
AREA OR SURFACE AREA: The area of the smallest rectangle or circle within which the entire sign can fit, including all the lettering and accompanying symbols or designs, together with the background, whether open or enclosed, on which they are displayed and including any background of a different color or appearance than the finished material of any wall on which the sign is placed. The area shall not include basic supporting framework and bracing which does not contribute through shape, color or otherwise to the sign’s message. A double-faced sign, where the sign faces are placed back to back and face in opposite directions, shall be deemed to be one sign having an area equal to the area of one side.
AWNING: A shelter projecting from and supported by the exterior wall of the building constructed of non-rigid materials on a supporting framework. (compare “MARQUEE”)
AWNING SIGN: A sign painted on, printed on, or attached flat against the surface of an awning.
BACK-LIT AWNING: (see “ELECTRIC AWNING SIGN”)
BANNER: A temporary sign made of fabric or similar material, with no enclosing framework, attached at all corners or edges to a structure or structures.
BUILDING INSPECTOR: A City employee or agent designated by the Inspector of Buildings of the City of placeCityMarlborough, to administrator the provisions of this chapter.
BUSINESS ESTABLISHMENT: Each separate place of business whether or not consisting of one or more buildings.
PlaceNameplaceBUSINESS PlaceTypeCENTER: A group of contiguous lots of land used and operated with one common management plan, although one or more of said lots is owned by a different Property Owner.
BUSINESS ESTABLISHMENT OWNER: The person who owns a Business Establishment on the day or days that a sign governed by the provisions of this Ordinance is located there.
CANOPY: A permanent roof-like shelter, not attached to a building face, constructed of some durable material, such as metal, glass, plastic or concrete.
CANOPY OR MARQUEE SIGN: A sign painted on, printed on or attached flat against the surface of a canopy or marquee.
CHANGEABLE WALL PANEL SIGN: A sign consisting of a rigid rectangular frame mounted flat against a building wall such that panel or poster inserts can be replaced or altered within the frame, or a chalk board or other dry erasable board can be mounted in the frame.
CHANGEABLE COPY: Copy that changes at intervals of more than once every sixty (60) seconds.
DIRECTIONAL GRAPHIC: A street graphic at the exit or entrance of a premises that has two or more driveways.
EXTERNAL ILLUMINATION: Illumination of a sign that is affected by an artificial source of light not contained within the sign itself.
COMMUNITY EVENTS: Non-commercial community-oriented events to which the general public is invited.
ELECTRIC AWNING SIGN: (also “BACK LIT AWNING”) An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
ELECTRIC SIGN: Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.
ERECTED: Attached, altered, built, constructed, reconstructed, enlarged, or moved.
ESTABLISHMENT: See BUSINESS ESTABLISHMENT.
FAÇADE: That portion of the building wall containing the main exterior public entrance to one (1) or more business establishments within, which corresponds to the width of the interior space occupied by the business establishment or establishments measured at said entrance level only. The side of a building below the eave.
FLAG: A temporary sign made of fabric or similar material, rectangular in shape, attached along the length of one edge only to a rope or rigid pole, such that the other edges may hang freely.
FLASHING SIGN: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times.
FLATWALL SIGN: A sign erected with the face of the sign horizontally parallel to the face of the wall to which it is attached.
FREESTANDING SIGN: A non-portable sign erected on a freestanding frame, structural base, mast, pole or wall which is not attached to any building. The area of a double-faced freestanding sign, where the sign faces are placed back to back and face in opposite directions, shall be equal to the area of one (1) side.
HEIGHT OF FREESTANDING SIGN: The overall vertical distance measured from the grade of the public way on the side of which the sign is installed.
ILLUMINATION OR ILLUMINATED: A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic.
INDIRECT ILLUMINATION: A source of external illumination, located away from the sign, that lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk or adjacent property.
INTERNAL ILLUMINATION: A light source that is concealed or contained within the street graphic and becomes visible in darkness through a translucent surface.
ITEM OF INFORMATION: A word, logo, abbreviation, symbol or geometric shape.
MARQUEE: A permanent roof-like shelter extending from part of or all of the building face and constructed of some durable material such as metal, glass, plastic or concrete. A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from the elements.
MESSAGE BOARD: A changeable sign whose informational content in the form of individual graphics, letters or numbers can be changed or altered by any means, including manual, electric, electromechanical or electronic means. Said announcement shall be limited solely to a change in offering (such as a new price, event or promotion) made by a business establishment, but shall not include a change in the name of said business establishment. Said change in the name of a business establishment shall be considered an alteration to an existing sign as described in Section163-3 of this chapter. A message board shall not be a portable sign but, where applicable may be considered a freestanding sign or a flat wall sign or a window sign or a changeable wall panel sign or a part thereof and shall comply with all
provisions of this chapter governing said signs.
MOVEMENT: (See also animation) Physical movement or revolution up or down, around, or sideways that completes a cycle of change at intervals of less than six seconds.
MULTI-USE PREMISES: A lot or contiguous lots of land containing more than one Business Establishment, whether or not there is more than one building on said lot or contiguous lots.
NEON TUBE ILLUMINATION: A source of light for externally lit street graphics supplied by a neon tube that is bent to form letters, symbols, or other shapes.
NONCONFORMING STREET GRAPHIC: A street graphic that was lawfully constructed or installed prior to the adoption or amendment of this ordinance and was in compliance with all of the provisions of this ordinance then in effect, but which does not presently comply with this ordinance.
OCCUPANT: A use located in a multi-use building or shopping center.
PEAK: The highest point on a roof or the highest point on another architectural element that blocks the rear view of a street graphic.
PERMANENT SIGN: a sign that is permanently affixed to land or a building.
POLE GRAPHIC: addressStreetA street graphic permanently attached to the ground or a building by means of a single pole.
PREMISES: The parcel or parcels of land considered as a unit for a single use or development, whether owned or leased, which premises may contain one or more buildings and one or more Business Establishments.
PROJECTING GRAPHIC: addressStreetA street graphic attached to and projecting from the wall of a building.
PUBLIC ART: A mural, painting or other work of art, owned by the City of Marlborough, either mounted on the ground on land owned by the City of Marlborough or painted on or affixed to a building that is owned by the City of Marlborough or on an area of a building on which the City of Marlborough has obtained an easement allowing its location on said building.
ROOF GRAPHIC: (See also above-roof graphic) A street graphic that is displayed above the eaves and under the peak of a building.
OFF-PREMISES SIGN: Any sign which advertises or announces a use conducted, or goods available elsewhere other than on the lot where the sign is located.
ON PREMISES SIGN: Any sign that advertises, calls attention to, or indicates, the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent, and which contains no other message or subject.
PROPERTY OWNER: A person who at the time that sign is located upon the premises, owns said premises, according to the records in the placeSouth Middlesex registry of Deeds or the South Middlesex Land Registration Office of the addressStreetLand Court.
PANEL SIGN: Refer to definition of CHANGEABLE WALL PANEL SIGN.
PERMANENT SIGN: A sign that is permanently affixed to land or a structure.
PERSON: a human person, a corporation, the president of a corporation referred to herein, a Limited Liability Company, the Manager of a Limited Liability Company referred to herein, all the partners of a General Partnership, a Limited Partnership and the General Partner of a Limited Partnership referred to herein.
PORTABLE SIGN: Any sign not permanently attached to the ground or a building, including trailer signs and A-frame signs, and similar, placed on the ground or temporarily staked into the ground.
PREMISES: A parcel or parcels of contiguous real property Owned by one Property Owner or by the City of placeCityMarlborough.
PROPERTY OWNER: A person who owns a Premises.
PROJECTING SIGN: A sign which is permanently affixed to the exterior surface of a building or structure with the display area positioned perpendicular to the wall to which the sign is mounted.
PUBLIC ART: Art that is on a public building or on a public easement that has been obtained from a private owner on a private building.
PUBLIC STREET: An accepted public way for vehicular traffic.
REAL ESTATE SIGN: A sign pertaining solely to the sale of real estate.
ROOF LINE: The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
ROOF SIGN: Any sign erected upon, against or directly above the roof or on top of or above the parapet of a building.
SIGN: Any object, device, display or structure, or part thereof, which is placed outdoors or which is visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. “Sign” shall include, without limiting the generality of the foregoing, billboards, pennants, ribbons, streamers, banners, flags, balloons, moving devices, strings of lights and similar devices. “Sign” shall not include one national or state flag displayed on a premises, official announcements or signs of government or temporary holiday decoration customarily associated with
any national, local or religious holiday.
SIGNABLE AREA: See Area or Surface Area.
SIGN CONTRACTOR: A person who places or causes to be placed upon a Premises any sign.
SIGN STRUCTURE: Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
SPECIAL PURPOSE SIGN: Any sign other than a business, non-accessory identification sign, including but not limited to traffic signs.
STREET GRAPHIC: A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right-of-way.
TEMPORARY SIGN: A sign that is not permanently affixed to land or a structure, except a sign regarding a Community Event.
TRAILERS AND VEHICLES: For the purposes of this Sign Ordinance a “TRAILER” or a “vehicle” shall be considered and regulated as a sign when such trailer or vehicle is not engaged primarily in the usual business or work of the owner or lessee but is used primarily for advertising purposes.
WALL PANEL: Refer to definition of CHANGEABLE WALL PANEL SIGN.
WALL SIGN: Refer to the definition of FLATWALL SIGN.
WINDOW SIGNS: A sign placed inside a window or transparent door so as to be viewed from the exterior. addressStreetA street graphic applied, painted or affixed to or in the window of a building. A window graphic may be temporary or permanent.
163 - 4 SIGN DISTRICTS
For the purposes of this ordinance, the City of CityplaceMarlborough is divided into the following Sign Districts:
NAME OF DISTRICT |
ABBREVIATION |
Downtown |
DT |
Transitional |
TR |
Auto District |
AD |
Other Commercial |
OC |
Residential |
RE |
The areas included within the above-listed districts are those shown on the most recently approved Sign District Map approved by the Marlborough City Council. The provisions hereof shall not take effect unless and until a Sign District Map has been approved by the Marlborough City Council.
163 - 5 GROUND GRAPHICS
A. Where Permitted.
A premises may display one ground graphic on each public way or highway on which it has frontage in the following Sign Districts, subject to the restrictions contained in this Section: DT, TR, AD, OC. In addition, a building or group of buildings owned and operated as a multifamily condominium or apartment building or buildings and containing at least twenty (20) units may display a ground graphic meeting the criteria specified below in an RE district.
B. Absence of Wall Sign.
No ground graphic shall be allowed on any premises if there is any wall or roof graphic on the building or buildings on the premises, unless either:
(1) the said wall graphic is located more than 150 ft. from said public way or highway; or
(2) said wall graphic is not clearly visible for a continuous distance of 200 ft in each direction on said highway.
C. Size, Setback, and Height Regulations.
Ground graphics must comply with the following size, setback, and height regulations:
SIGN DISTRICT |
MAXIMUM SIZE |
MAXIMUM HEIGHT |
MAXIMUM SETBACK |
DT |
25 sq. ft. |
8 ft. |
0 ft. |
TR |
25 sq. ft. |
8 ft. |
10 ft. |
AD |
25 sq. ft. |
8 ft. |
10 ft. |
OC |
35 sq. ft. |
8 ft. |
10 ft. |
RE |
25 sq. ft. |
8 ft. |
10 ft. |
D. A Multi-Use Premises or Business Center.
May display one ground graphic at each exit and entrance. Occupants within a Business Center may not display ground graphics. No Business Establishment shall display a sign at the Business Center’s ground graphic unless all wall signs of said Business establishment’s wall graphics are located more than 150 ft. from the public way or highway, or unless all said wall graphics are not clearly visible from a distance of 150 ft, from the highway in either direction from said wall graphics, Multiple ground graphics shall only be allowed if the entrances and exits referred to above and the ground graphics themselves more than 500 ft. apart.
E. Landscaping.
A minimum landscaped area located around the base of the ground graphic equal to 2.5 square feet for each square foot of ground graphic area, is required for all ground graphics. The landscaped area shall contain living landscape material consisting of shrubs, perennial ground cover plants, or a combination of both, placed throughout the required landscape area having a spacing of not greater than three feet on center. Where appropriate, the planting of required deciduous or evergreen trees, installed in a manner that frames or accents the ground graphic structure is encouraged.
F. Additional Conditions.
Ground Graphics shall be made of wood or materials that resemble wood, and shall be illuminated only through indirect illumination.
163 - 6 WALL GRAPHICS
A. Where Permitted.
In the following sign districts, each Premises Owner and each owner of a Business Establishment in Business Establishment in a Multi-Use Premises may display wall graphics, subject to the conditions specified in this section, on walls adjacent to each public way on which it has frontage: DT, TR, AD and OC.
B. Calculation of Area.
(1) Basic Area. Unless otherwise hereinafter provided, the total area of all flat wall signs shall not exceed one and one-half (1 ½ ) square feet for each horizontal linear foot of the façade of the Business Establishment, provided that the aggregate area of all flat wall signs for any one Business Establishment on any one building shall not exceed one hundred square feet
(2) Number of Signs and Allocation of Area. Any number of separate flatwall signs may be erected on the facade of a building, provided that they meet all provisions of this Section and provided that they do not exceed the aggregate area allowed by par (1) above, except as provided in section (4) below.
(3) Bonus Area for Multiple Buildings. If the building has frontage on more than one public street, or public entrances on more than one façade, then an additional flat wall area of one square foot shall be allowed for each linear foot of such additional façade frontage. Such additional sign area shall appear solely on that side of the building that gives rise to the multiple frontage and shall be used exclusively for the Business Establishment having its façade on that frontage. In no case shall more than two façades be counted on any one building for the purpose of calculating total allowable sign area, which will not exceed one hundred fifty
squire feet per establishment, except as provided in section (4) below.
(4) Bonus Area for Large Buildings. If a single Business Establishment has over 20,000 square feet on one floor of one building, The area of flat wall signs of that Business Establishment may be increased by an additional 10 square feet for each 100 feet of façade of the Business Establishment and for each 100 feet the establishment is set back from the public street, provided that the total sign area does not exceed two hundred feet for a single Business Establishment, provided that the flatwall sign faces and can be viewed from the public way with no obstructing building or other object between the sign and the street.
C. Relationship to Ground Graphics.
No wall or roof graphics shall be allowed as to any Business Establishment having a sign located on the Ground Graphic of a Multi-Use Premises, or as to any Premises Owner that has a ground graphic sign unless the ground graphic is less than 150 feet from the public and can not be seen for a distance of 200 ft. from each direction on the highway.
D. Additional Limitations.
Wall graphics may be painted on or attached to or pinned away from the wall but must not project from the wall by more than 12 inches and must not interrupt architectural details.
E. Relationship to Ground Graphics.
No wall or roof graphics shall be allowed as to any Business Establishment having a sign located on the Ground Graphic of a Multi-Use Premises, or as to any Premises Owner that has a ground graphic sign unless the ground graphic is less than 150 feet from the public and can not be seen for a distance of 200 ft. from each direction on the highway.
163 - 7 PROJECTING GRAPHICS
A. Where Permitted.
Each Business establishment in the DT Sign District may construct and maintain one projecting graphic no larger than 15 square feet in size, subject to the other provisions of this section.
B. Signable Area.
Any signable area selected for display as a projecting graphic shall not exceed and shall be subtracted from the signable area allocated to wall and roof graphics permitted for each Premises Owner and each Business Establishment under Section 163-6B.
C. Additional Limitations.
The following addition limitations apply to projecting graphics:
(1) Projecting graphics must clear sidewalks by at least eight (8) feet and may project no more than four (4) feet from a building.
(2) Projecting graphics must be pinned away from the wall at least six (6) inches and must project from the wall at an angle of ninety (90) degrees.
(3) Angular projection from the corner of a building is prohibited.
(4) All projecting sign graphics shall comply with the provisions of the City Code Chapter 172.
163 - 8 AWNINGS
A. Where Permitted.
A Premises Owner, and each Business Establishment within a Multi-Use Premises, may display an awning on each public way or highway frontage in the following zoning districts: DT, TR, AD, OC.
B. Signable Area.
A street graphic may be displayed on one signable area selected for display on an awning. It shall not exceed forty (40) percent of the area of the principal face of the awning and shall not exceed and shall be subtracted from the signable area selected for wall graphics permitted for each Premises Owner and each Business Establishment under Section 163-6B.
C. Height and Width.
Awnings must clear sidewalks by at least eight feet and may extend to within one foot of the vertical plane formed by the curb or the right-of-way line. All awnings shall comply with the provisions of the City Code Chapter 172.
163 - 9 TEMPORARY AND OTHER SPECIAL STREET GRAPHICS
A. Grand Opening Graphic.
A Premises Owner, or Business Establishment in a Multi-Use Premises, may display one (1) grand opening graphic, not exceeding twenty (20) square feet in area or eight (8) feet in height, for no more than fourteen (14) days, said period to commence on or before the date of the opening of said business. No business may have more than one (1) grand opening graphic at the same location.
B. Window Graphics.
A Premises Owner, or a Business Establishment Owner in a Multi-Use Premises, may display temporary and permanent window graphics that in combination do not to exceed twenty (20) per cent of the window area.
C. Directional Graphics.
A Premise Owner or the Owner of a Multi-Use Premise may display one directional graphic, consisting of only of an arrow and a logo at each entrance to or exit not more than two (2) square feet on two-lane public ways or highways and on any highway with a posted travel speed less than thirty-five (35) miles per hour, and not more than four (4) square feet on multi-lane roads and on any highway with a posted travel speed greater than thirty-five (35) miles per hour.
D. Real Estate Signs.
Subject to the provisions specified herein, shall be allowed:
(1) Either:
(a) freestanding sign or
(b) flat wall sign
No more than one (1) sign per lot, located on the Premises to be sold, with an area of no more than four (4) square feet and a height of no more than four (4) feet.
(2) Flatwall Sign. No more than one (1) sign, located on the premises to be sold, with an area of no more than four (4) square feet.
(3) Real Estate Open House Directional Sign: No more than one (1) sign, located on land other than on the premises to be sold, directing interested persons to the location of an Open House at a premises to be sold, subject to the following conditions:
(a) signs will be located on private property and only with the consent of the property owner.
(b) sign will consist only of a directional arrow and the logo of the real estate broker involved and the words “open house.” | 
