ARTICLE 12

SIGN BY-LAW

SECTION 1. Authority and Objectives

This By-Law shall be known as the Sharon Sign By-Law, and is adopted under the authority of Chapters 93 and 43B of the General Laws of Massachusetts.

This By-Law is intended to serve these objectives:

Facilitate efficient communications to ensure that people receive the messages they need or want, and

Promote good relationships between signs and the buildings and environment to which they relate, and

Maintain visual diversity by avoiding requirement of uniformity, and

Support business vitality within business and industrial zones by avoiding burdensome procedures and restrictions.

SECTION 2. Definitions

COMMERCIAL MESSAGE: Any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

FLAG: Any fabric or bunting containing colors, patterns or symbols used as a symbol of a government or other non-commercial entity or organization.

SIGN: Any device designed to inform or attract the attention of persons who are not on the premises on which the device is located. Any exterior building surfaces which are internally illuminated or decorated with gaseous tube or other lights are considered signs. The following, however, shall not be considered signs within the context of this By-Law:

a) Flags, except when displayed in connection with a commercial message.

b) Legal notices or informational devices erected or required by public agencies.

c) Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.

d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or parts internally illuminated or decorated with gaseous tube or other lights.

e) On-premises devices guiding and directing traffic and parking not exceeding two (2) square feet in area, and bearing no commercial message.

SIGN AREA: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, and together with any decorative framing or other elements whose judged intent is to extend the effective sign area, exclusive of minimal supporting framework, but without deduction for open space or other irregularities. Only one (1) side of flat, back-to-back signs need be included in calculating sign area.

SECTION 3. Administration

3.1 Sign Committee. A Sign Committee of five (5) members may be appointed by the Selectmen for three (3) year terms (so arranged initially that no more than two (2) terms expire each year). Members shall include at least one (1) retail merchant operating in Sharon, one (1) registered architect or landscape architect, and one (1) other person having professional training in visual design. In addition to the five (5) members, two (2) associate members shall be appointed by the Selectmen for one (1) year terms, to act in cases where members are unable to do so.

The Committee shall elect a Chairman and a Clerk. All decisions shall be made by majority vote of five (5) members or members and alternates.

a) The Sign Committee shall act on applications and appeals for all signs except as set forth in paragraphs b and c below.

b) The Planning Board shall act as the Sign Committee for all signs for a facility within Business Districts A and C and for off-premises signs pertaining to a facility in Business Districts A and C in lieu of the Sign Committee created under this Section 3.1 and references to the Sign Committee are deemed to reference the Planning Board. All applications for sign approvals for a facility within and for off-premises signs pertaining to a facility in Business Districts A and C shall be submitted to the Sign Committee created under this Section 3.1 in addition to the Planning Board, and the Sign Committee shall be given an opportunity by the Planning Board to provide its comments on each such application.

c) The Board of Appeals shall act as the Sign Committee for all signs for a facility within Business District D and for off-premises signs pertaining to a facility in Business District D in lieu of the Sign Committee created under this Section 3.1 and references to the Sign Committee are deemed to reference the Board of Appeals. All applications for sign approvals for a facility within and for off-premises signs pertaining to a facility in Business District D shall be submitted to the Sign Committee created under this Section 3.1 in addition to the Board of Appeals, and the Sign Committee shall be given an opportunity by the Board of Appeals to provide its comments on each such application.

3.2 Permits. No sign shall be erected, enlarged, reworded, redesigned or structurally altered without a sign permit issued by the Building Inspector, unless specifically exempted from this requirement in Section 5. Permits shall only be authorized for signs in conformance with this By-Law. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location.

Permits shall expire ten (10) years from the date of issue, but may be renewed for additional ten (10) year periods subject to the same standards and procedures as for new signs at that time.

For signs subject to design review and hearing, a public hearing shall be held by the Sign Committee, with at least seven (7) days notice given by advertisement in a newspaper of general circulation in Sharon. Prior to the hearing, the applicant shall submit photographs of his premises and those abutting on either side. Permit approval or disapproval shall be determined following the hearing and reported to the Building Inspector within thirty (30) days of application or appeal unless the applicant requests an extension to facilitate submittal of additional materials or revised design.

3.3 Appeals. The Sign Committee may, upon appeal and after design review and hearing, grant a variance from the terms of this By-Law upon its finding that owing to physical peculiarities of the specific location, literal enforcement of those terms would result in substantial hardship to the applicant or detriment to the vicinity, and that results of granting the variance will be consistent with the stated objectives of this By-Law.

3.4 Fees. Application and hearing fees shall be established and revised from time to time by the Sign Committee.

3.5 Penalty. Any person violating any provision of this By-Law shall be subject to a penalty of not more than fifty dollars ($50) for each offense, under the non-criminal processes authorized at Sec. 21D, Ch.40, G.L. Each day that the violation continues shall be considered a separate offense.

3.6 Signs in the Business A or Business C Districts. Any such sign shall otherwise be subject to all of the provisions of this Article 12, Sign By-Law, and shall, in addition, be subject to the applicable provisions of the "Design Guidelines for the Town Center Business District" which are referenced in Section 6335 of the Town's Zoning By-Laws and as the same may be from time to time amended. To the extent, if any, that the applicable Design Guidelines for the Town Center Business District exceed or differ from the provisions of this Article 12, the provisions of the Design Guidelines for the Town Center Business District shall apply.

SECTION 4. General Regulations

4.1 Maintenance. All signs shall be maintained in a safe and neat condition to the satisfaction of the Building Inspector, and in accordance with requirements of the State Building Code. Structural damage, missing letters, or other deterioration obscuring content shall be remedied or the sign removed within sixty (60) days.

4.2 Prohibitions.

4.2.1 Illumination.

a) Signs shall be lighted only by a steady, stationary light shielded and directed solely at or internal to the sign.

b) No illumination shall be permitted which casts glare onto any residentially used premises or onto any portion of a way so as to create a traffic hazard, or which results in average face brightness exceeding sixty (60) foot-lamberts in a Business or Light Industrial District as established in the Zoning By-Law, or twenty (20) foot-lamberts elsewhere.

4.2.2 Location.

a) Corner visibility shall not be obstructed within the limits established at Section 2414 of the Zoning By-Law.

b) No signs shall be attached to motor vehicles, trailers, or other movable objects regularly or recurrently located for fixed display.

c) No sign shall be attached to a radio, television, or water tower, or any other type of tower or smoke stack.

4.2.3 Type.

a) Pennants, streamers, flags used for commercial messages, spinners, or similar devices shall not be permitted.

b) No animated or revolving sign shall be permitted and only time and temperature indicators shall be allowed to flash.

4.3 Off-Premises Signs.

4.3.1 Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services, or activities on the premises shall be allowed, except as provided in Sections 4.3.2 and 4.3.3.

4.3.2 Permanent off-premises directional signs, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Selectmen, or on private property if authorized following design review and hearing by the Sign Committee subject to the following:

a) Such signs shall be permitted only upon the authorizing agency's determination that the sign will promote the public interest, will not endanger the public safety, and will be of such size, location, and design as will not be detrimental to the neighborhood.

b) At locations where directions to more than one (1) establishment are to be provided, all such directional information shall be incorporated into a single structure.

c) All such directional signs shall be unlighted and the maximum Sign Area shall be limited to four (4) square feet, except that the maximum Sign Area shall be limited to nine (9) square feet for directional signs that serve a facility in Business District D and are located at the intersection of South Main Street and Old Post Road, at the intersection of South Main Street and the I-95 ramps, and on the segment of Old Post Road between South Main Street and a point thirty six hundred (3,600) feet north thereof.

4.3.3 Permanent off-premises freestanding signs pertaining to facilities located in Business District D and to the businesses, products, accommodations, and services provided in said facilities are allowed within Residential Districts only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within one hundred sixty (160) feet of the intersection of the centerlines of South Main Street and Old Post Road, if authorized following design review and hearing by the Sign Committee subject to the following:

a) Each lot in Business District D is limited to one (1) off-premises entrance sign and one (1) off-premises pylon sign.

b) Off-premises entrance signs shall be monument signs having a maximum height of ten (10) feet above the adjoining ground plane and a maximum Sign Area of one hundred fifty (150) square feet. Off-premises pylon signs shall have a maximum height of thirty (30) feet above the adjoining ground plane and a maximum Sign Area of three hundred fifty (350) square feet.

c) The provisions of Section 4.2.1 shall not apply to off-premises monument entrance signs. Off-premises monument entrance signs shall be externally illuminated by a steady, stationary light shielded and directed solely at the sign face. No illumination shall be permitted which casts glare onto any residential structure or onto any portion of a way so as to create a traffic hazard, or which results in average face brightness exceeding sixty (60) foot-lamberts.

d) The provisions of Section 4.2.1 shall not apply to off-premises pylon signs. Off-premises pylon signs shall only be illuminated by one (1) of the following lighting methods: (i) external illumination that is shielded and directed solely at the sign face; (ii) halo illumination; and (iii) push through illuminated letters on an opaque sign panel. All such illumination shall use a steady, stationary light. No illumination shall be permitted which casts glare onto any residential structure or onto any portion of a way so as to create a traffic hazard, or which results in average face brightness exceeding sixty (60) foot-lamberts. Between the hours of 12:00 midnight and 6:00 AM, illumination shall be directed at, around or through only the names of the stores that are open for business during that time, and if any store is open, the name of the lifestyle shopping center.

e) Off-premises signs shall not be located within five (5) feet of any property line, within one hundred (100) feet of any residence, or within the minimum sight distance triangle required to provide intersection sight distance at intersections in accordance with American Association of State Highway and Transportation Officials (AASHTO) requirements.

4.4 Temporary Signs. Temporary signs shall be allowed as specified in Section 5, and provided that they comply with the following:

a) Unless otherwise specified in this By-law, temporary signs must comply with all applicable requirements for permanent signs, including issuance of a sign permit.

b) Temporary signs not meeting requirements for permanent signs may, if allowed below, advertise sales, special events, or changes in the nature of an operation, but shall not otherwise be used to advertise a continuing or regularly recurring business operation, and shall be removed promptly when the information they display is out of date or no longer relevant. The Building Inspector may require a forfeitable deposit sufficient to defray costs of assuring compliance.

SECTION 5. Permitted Signs

5.1 All Districts. The following signs are allowed in all zoning districts.

a) One (1) sign, either attached or free-standing, indicating only the name of the owner or occupant, the street number, and uses or occupations engaged in thereon. Sign area shall not exceed two (2) square feet. Requires no sign permit.

b) An off-premises directional sign, as provided in Paragraph 4.3.

c) Unlighted, temporary signs of no more than six square feet pertaining to a specific non-commercial event, cause or expression of political, religious, or ideological views, require no sign permit, except as otherwise proved in this By-Law.

d) One (1) temporary unlighted real estate sign not larger than six (6) square feet in area, advertising the sale, rental, or lease of the premises or subdivision on which it is erected. Requires no sign permit if the erecting agent has obtained a one (1) year permit and paid an annual fee for erecting such signs.

e) One (1) temporary unlighted sign indicating the name and address of the parties involved in construction on the premises, not larger than ten (10) square feet on premises of forty thousand (40,000) square feet or smaller, and not larger than twenty five (25) square feet in other cases, unless a larger size is required by a state or federal funding agency. Requires no sign permit.

5.2 Additional Permitted Signs: Residence, Suburban, Rural and Housing Authority Districts.

a) A single sign, either attached or free-standing, oriented to each street on which the premises abut, each such sign not to exceed ten (10) square feet in area, indicating the nonresidential principal use or uses of the premises.

b) For nonconforming uses, if authorized by the Sign Committee following design review and hearing, a sign replacing and not larger than an existing sign or, if more restrictive, not larger than allowed under the following.

5.3 Additional Permitted Signs: Business A Districts.

5.3.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows, are permitted as follows:

a) Number: One (1) per occupant per street that the premises abuts. If the building abuts a parking lot, the applicant may request a special permit from the Planning Board for a smaller secondary sign on the side of the building facing the parking lot. The area of a sign facing a parking lot shall not exceed fifty percent (50%) of the area of the primary sign, or an area deemed appropriate by the Planning Board. The content of a secondary sign shall be limited to the name of the business. When there are two (2) or more secondary signs on the building facing a parking lot, they shall conform to a master signage plan for the building, as prepared and submitted by the occupant/applicant and approved by the Planning Board.

b) Area: Total area of all wall signs shall be not more than ten percent (10%) of the projected area of the elevation they are attached to, except that no sign shall exceed thirty (30) square feet.

c) Location: Not extending above or beyond the end of the wall or roof to which it is attached, nor overhanging a street or sidewalk by more than the thickness (up to six (6) inches) of a flat wall sign.

5.3.2 Permanent Projecting or Freestanding Signs: Signs (other than temporary signs) either not attached to a building, or attached to and projecting at right angles from a building wall, are permitted as follows:

a) Number: One (1) for each street the premises abuts.

b) Area: Not more than six (6) square feet each.

c) Height: Not extending more than ten (10) feet above adjoining ground level.

5.3.3 Temporary Signs. Temporary signs, in addition to signs allowed under Section 5.3.1, are permitted only if unlighted inside of windows, occupying not more than thirty percent (30%) of the area of each window. Requires no sign permit.

5.4 Additional Permitted Signs: Business B, Professional, and Light Industrial Districts.

5.4.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:

a) Number: One (1) per occupant per street that the premises abuts.

b) Area: Total area of all wall signs shall be not more than twenty percent (20%) of the projected area of the elevation they are attached to, except that no sign shall exceed one hundred (100) square feet in area if oriented for visibility from Route 1 or Route I-95 and not more than fifty (50) square feet in other cases.

5.4.2 Permanent Projecting or Freestanding Signs. Signs (other than temporary signs) either not attached to a building or attached to and projecting at right angles from a building wall, are permitted as follows:

a) Number: One (1) for each street that the premises abuts.

b) Area: Not more than eighty (80) square feet if identifying a retailing complex comprising three (3) or more enterprises and fifty thousand (50,000) or more square feet of floor area on a single lot, or not more than fifty (50) square feet each for other signs if oriented for visibility from Route 1 or Route I-95, and not more than twenty-five (25) square feet in other cases.

c) Location: Not within five (5) feet of any street or property line, and not extending more than twenty (20) feet above adjoining ground level.

d) Height: The height of each sign shall be measured from the ground in accordance with the definition of "height" under the Sharon Zoning By-Laws.

5.4.3 Temporary Signs. Temporary signs, in addition to signs allowed under Section 5.4.1, are permitted only if unlighted inside of windows, occupying not more than thirty percent (30%) of the area of each window. Requires no sign permit.

5.5 Additional Permitted Signs in Business District D. The following signs are permitted in Business District D, provided that all such signs shall comply with the objectives and design standards for Business District D under the Zoning By-Laws, including Sections 2327 and 2328 thereof.

5.5.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:

a) Primary Wall Signs: One (1) primary wall sign containing a business name is permitted per occupant per façade where wall signs are permitted; provided, however, that the largest anchor store shall be permitted to have multiple primary wall signs on a single façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

b) Accessory Wall Signs: Accessory wall signs are permitted where wall signs are permitted for stores with a floor area of ten thousand (10,000) square feet or greater that identify types of products and services, but not brand names or businesses, associated with the particular occupant using such accessory wall signs.

c) Facades: Primary and accessory wall signs are limited to a maximum of three (3) facades for each building; provided, however, that the largest anchor store shall be permitted to have a wall sign on the fourth façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

d) Location: Wall signs may not extend above or beyond the end of the wall or roof to which it is attached and not project perpendicularly for more than six (6) inches.

e) Cumulative Area: Maximum area encompassed by all wall signs shall be determined in accordance with the provisions of Section 5.5.7.

f) Sign Area: The primary wall sign for each occupant shall be limited to a Sign Area of forty (40) square feet, except as set forth in paragraph g below. Accessory wall signs may be no more than forty (40) square feet in Sign Area, except that stores greater than forty thousand (40,000) square feet may have accessory wall signs up to sixty (60) square feet in Sign Area.

g) Other Sign Areas: The primary wall sign for the occupant of a premises whose floor area exceeds one hundred thousand (100,000) square feet shall be limited to a Sign Area of one thousand (1,000) square feet if mounted on a building façade facing and set back less than one hundred fifty (150) feet from the sideline of Route I-95 and shall be limited to a Sign Area of four hundred (400) square feet if mounted on any other building façade; the primary wall sign for the occupant of a premises whose floor area exceeds forty thousand (40,000) square feet but does not exceed one hundred thousand (100,000) square feet shall be limited to a Sign Area of three hundred (300) square feet; and the primary wall sign for the occupant of a premises whose floor area exceeds ten thousand (10,000) square feet but does not exceed forty thousand (40,000) square feet shall be limited to a Sign Area of one hundred fifty (150) square feet.

5.5.2 Permanent Free-Standing Signs. Signs are permitted as follows:

a) Number: One (1) free-standing pylon sign per lot and one (1) free-standing monument sign at each driveway on abutting streets.

b) Sign Area: Free-standing pylon sign limited to a maximum of seven hundred twenty (720) square feet and each free-standing monument sign limited to a maximum of one hundred fifty (150) square feet.

c) Height: Free-standing pylon sign limited to a maximum height of sixty (60) feet above the adjoining ground plane and free-standing monument signs limited to a maximum height of fourteen (14) feet above the adjoining ground plane.

5.5.3 Permanent Projecting Signs. Projecting blade signs are permitted as follows:

a) Number: One (1) per occupant.

b) Location: Perpendicular to and not projecting above the façade to which it is attached.

c) Sign Area: The individual sign for each occupant shall be limited to fifteen (15) square feet.

5.5.4 Permanent Directional Signs. Way-finding or directional signs are permitted as follows:

a) Number: One (1) per two (2) acres of lot area.

b) Sign Area: Limited to twelve (12) square feet.

5.5.5 Temporary Signs. Temporary signs, in addition to signs allowed under Section 5.5.1, are permitted as of right if such sign is unlighted, located on the inside of a window and occupies no more than thirty percent (30%) of the area of each window. Requires no sign permit.

5.5.6 Awning Signs. All stores may place the store name on awnings provided that the store name on any awning shall not exceed twenty (20) square feet.

5.5.7 Sign Area. The total signage permitted for all permanent signs, including all primary wall signs, accessory wall signs and awning signs, on any façade shall not exceed fifteen percent (15%) of that overall façade area.

5.5.8 Signs Facing South Walpole Street. Wall signs on building facades facing and setback less than two hundred (200) feet from South Walpole Street are prohibited.

5.6 Sign Area Bonuses. The Sign Committee may authorize an increase of as much as fifty percent (50%) above the sign area limits of Sections 5.3, 5.4 and 5.7 upon its determination following design review and hearing that at least five (5) of the eight (8) guidelines of Section 6 are met, as are the By-Law objectives of Section 1.

5.7 Additional Permitted Signs: In the Senior Living Overlay District (Senior Living District) the following additional signs shall be permitted:

5.7.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:

a) Number: Two (2) per building, but not more than one (1) per side of building.

b) Area: Total area of wall signs shall be not more than twenty percent (20%) of the projected area of the facade of the side of the building to which they are attached, except that no individual sign shall exceed one hundred (100) square feet.

c) Location: Not extending above or beyond the end of the wall or roof to which it is attached, nor overhanging a street or sidewalk by more than six (6) inches.

5.7.2 Permanent Projecting or Freestanding Signs. Signs (other than temporary signs) not attached to a building are permitted as follows:

a) Number: One (1) for each street that the premises abuts.

b) Area: Not more than fifty (50) square feet per side of each sign.

c) Location: Not within five (5) feet of any street or property line, and not extending more than ten (10) feet above adjoining ground level.

5.7.3 Internal Way-finding Signs. Internal directional traffic control signs shall be permitted.

5.7.4 Additional Freestanding Signs. In addition to the foregoing, two (2) signs per building identifying the buildings not larger than twenty (20) square feet in area per side and not extending more than eight (8) feet above adjoining ground level.

5.7.5 Temporary Signs. Two (2) temporary signs not larger than one hundred (100) square feet in area, advertising the sale, rental, lease or availability of a unit or bed in a nursing home facility. Such sign requires no sign permit if the erecting agent has obtained a one (1) year permit and paid an annual fee for erecting such signs.

SECTION 6. Design Guidelines

Five (5) of the following eight (8) design guidelines must be determined by the Sign Committee to have been met to qualify for sign area bonuses of Section 5.6. In addition, compliance with them is suggested but not required for other signs, and will be considered by the Sign Committee in acting on other cases before them.

a) Sign scale is appropriate in relation to development scale, viewer distance and travel speed, and sign sizes on nearby structures.

b) Sign size, shape, and placement serves to define or enhance such architectural elements of the building as columns, sill lines, cornices, and roof edges, and not to interrupt, obscure or hide them.

c) Sign design is not wholly discontinuous with other signage on the same or adjacent structures, providing continuity in mounting location and height, proportions, materials, or other important qualities.

d) Sign materials, colors, lettering style, and form are compatible with building design and use.

e) Sign content doesn't overcrowd background (normally not exceeding forty percent (40%) of background area).

f) Sign legibility isn't impaired by excessive complexity, multiple lettering styles or colors, or other distracting elements.

g) Signs do not display brand names, symbols, or slogans of nationally distributed products except in cases where the majority of the floor or lot area on the premises is devoted to manufacture, sale, or other processing of that specific product.

h) Signs do not contain selling slogans, product descriptions, help wanted notices, or other commercial messages which is not an integral part of the name or other identification of the location or the enterprise.

SECTION 7. Non-Conforming Signs

Existing signs shall be removed or brought into conformity with this By-Law within thirty (30) days of notification of violation by the Building Inspector unless he authorizes a longer period necessitated by unavailability of parts. Signs shall be subject to notification as follows:

a) Illegally erected signs: Immediately.

b) Temporary signs: Immediately.

c) Illumination violation (4.2.1): Immediately.

d) Pennants, streamers, etc. (4.2.3a): Immediately.

e) Off-premises signs (4.3): Upon expiration of current permit from Outdoor Advertising Board, or, if no such permit is held, immediately.

f) Visibility violation (4.2.2a): Following July 1, 1983, or when sign is ten (10) years old, whichever is later. Signs will be assumed to be ten (10) years old unless owner documents to the contrary.

g) Other violations: Following abandonment of the sign, or following change or termination of activities on the premises which render the sign non-conforming, or following damage such that repair or restoration would exceed one-third (1/3) of the replacement value as of the date of the damage, or following July 1, 1991, if later;