A. PURPOSE. The Town of Southborough regulates and restricts the use of signs and other identification devices within the Town for the purpose of:

(1) Promoting public safety and convenience of the streets and roads, sidewalks and other pedestrian spaces, public property and private property within public view

(2) Preserving for the present and future inhabitants the natural, architectural and historical assets and other qualities which distinguish the Town as a highly desirable community,

(3) Protecting business viability, economic opportunity, property values, educational values, aesthetic integrity, village character, creativity and community appearance by exercising prudent control, and

(4) Encouraging compatibility and harmony with surrounding buildings, land and land uses.

B. DEFINITIONS. As used in this Section (§174-11), the following words and terms shall have and include the following meanings:

AGRICULTURAL SIGN - A sign which has wording that may be changed periodically to advertise products raised or grown principally on the premises.

AWNING SIGN - Any and every sign displayed on an awning or canopy. An Awning or Canopy is any device, fixed or retractable, of any material, which extends over or otherwise covers a sidewalk, courtyard, walkway, eating area, driveway, or other area or space whether that area or space is intended for pedestrians, vehicles or other purposes.

BANNER - Any and every sign whatever the nature of the material or manner of composition, message or design, frequently displayed on a pole or staff which can be free standing or attached to a building or structure, and temporary or removable in nature. Official flags of governmental jurisdictions properly displayed shall not be considered as banners or otherwise considered as signs for the purposes of this Zoning Bylaw.

BUSINESS ESTABLISHMENT - Each separate place of business whether or not consisting of one or more buildings.

FAÇADE OF THE BUSINESS ESTABLISHMENT - That portion of the building wall facing a street or containing a public entrance, which corresponds to the height and width of the interior space rented or owned by the tenant of the business establishment.

HEIGHT - The maximum vertical distance measured from the finished grade to the highest point of the sign or its supporting structure, whichever is higher.

INTERNALLY ILLUMINATED SIGN - Each and every sign which utilizes translucent panels, canvas or other fabric, letters, devices including gas filled luminous tubes or other similar components to create an image by allowing light to pass through.

LEGAL NON-CONFORMING SIGN - Any non-conforming sign legally erected prior to the adoption of this section, or any amendment thereof.

MOVING SIGNS - Any and every sign any part of which moves, is designed to move, or to be moved, by any means.

ROOF SIGN - Any and every sign located above, or projecting above, the apex of the roof or the top of a parapet wall of any building, or which is painted or otherwise attached or affixed to a roof.

SIGN - Any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to or indicates any premises, persons, products, businesses or activities, or that conveys or is intended to convey any message whatever the nature of the material and manner of composition or construction. (Historical date plaques and markers approved by the Historical Commission and flags and insignias of governmental jurisdictions shall not be considered signs except when displayed for the purpose of commercial promotion.)

STANDING SIGN - Any and every freestanding sign erected on or affixed to the land and includes any and every sign that is not attached to a building.

TEMPORARY SIGNS - Any and every sign which by its design and/or use is temporary in nature, frequently composed of paper, posterboard and/or cardboard or other material attached so as to be visible through windows and glass doors or otherwise displayed on a property, typically containing messages relative to sale, lease, rental or construction of property, garage or yard sales and similar occasional uses, special sales, bazaars, dinners or other events.

TRAFFIC SIGNS - Any sign limited solely to directing traffic within or setting out restrictions on the use of parking areas.

TRAILER OR VEHICLE SIGNS - For the purposes of this Sign Bylaw a vehicle, motor vehicle or self-propelled vehicle shall be considered and regulated as a sign when or under such circumstances any such vehicle is not engaged in the usual business or work of the owner or lessee but is used for advertising purposes.

WALL SIGN - Any and every sign attached to a building and not considered to be a roof sign or window sign.

WINDOW SIGN - Any and every sign consisting of individual letters or graphics painted or otherwise similarly affixed directly to, or hanging behind, the glass surface of a window or door and designed to be visible from the outside of any building.

C. GENERAL PROVISIONS

1. PERMIT NOT REQUIRED. The following types of signs do not require a permit from the Inspector of Buildings:

a. Signs not exceeding four (4) square feet in area and bearing only property numbers, or names of residents of premises.

b. Flags and insignia of any government, except when displayed in connection with commercial promotion.

c. Legal notices, identification information or direction signs erected by governmental bodies.

d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

e. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

f. In accordance with M.G.L. Chap. 94, section 295c. standard gasoline fuel pump signs on service station fuel pumps bearing thereon in usual size and form the name, type and price of the gasoline.

g. Open/Closed signs not exceeding 2' x 3'; 1 per business.

h. Open flags, not exceeding 3' x 5' and not containing any promotional logos or advertising; 1 per business.

i. Temporary signs.

2. BASIC REQUIREMENTS, ALL DISTRICTS

a. The only signs allowed in the Town of Southborough are signs that advertise, call attention to or indicate the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or that advertise the property itself or any part thereof as for sale or rent and which contain no other matter.

b. Billboards and similar signs are specifically prohibited.

c. Flashing, moving, changing message and animated signs are prohibited

d. No sign may be illuminated between 10:00 PM and 6:00 AM except signs identifying police or fire stations or businesses open to serve the public on site.

e. "No hunting, fishing, etc.," signs exceeding one (1) square foot are prohibited.

f. Permits. No sign shall be erected or altered on the exterior of any building or on any land unless and until application for the erection or alteration of such sign has been filed with the Building Inspector, with such information and drawings as he may require, and permit for the erection of the sign has been issued by him.

g. No sign may depict or represent any sexual conduct or state of sexual excitement as defined in G.L. c.272, Section 31, nor shall any such representations or depictions be placed upon or within the windows or walls of the premises so as to be visible to the public from the exterior of the premises.

h. Banners, pennants, streamers, ribbons, spinners and other moving, fluttering, revolving or changing devices and strings of lights shall not be used as signs or parts thereof, provided that lights may be used as part of a religious celebration not connected to commercial promotion, and further provided that banners or similar devices may be used for temporary political signs.

3. ILLUMINATION OF SIGNS. Illumination shall be by white, steady, stationary light shielded and directed solely (or by silhouette) at the sign. The foregoing is applicable to signs exterior to a building and to permanent interior signs designed to be visible through a door or window. No sign may utilize translucent panels, canvas or other fabric, letters, devices or other similar components to create an image by allowing light to pass through, except for businesses fronting on Route 9. The light, whether internal or illuminating the sign from the outside, shall not be placed, directed or arranged so as to throw a beam of light, glare or reflection on any street or highway, walk, or nearby properties of others in such a manner as to create a traffic hazard or nuisance. Illuminated signs are prohibited in residential and conservation districts.

4. MAXIMUM NUMBER OF SIGNS ALLOWED. Unless otherwise provided herein there shall be not more than two of the four following types of signs: wall, window, standing, or awning for each business establishment with the following exceptions:

a. If a business establishment has more than one public entrance at street level there may be additional signs at each such entrance, other than the wall to which the principal sign is attached. Such signs shall not exceed 15 square feet or 10% of the façade of the business establishment whichever is less. If a business establishment consists of more than one building, a secondary sign, not exceeding 15 square feet or 10% of the façade of the business establishment, whichever is less, may be affixed to a wall of each such building, not including the building to which the principal sign is attached.

b. In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be attached to the exterior wall of the building at each public entrance to the building. Such directory shall not exceed an area determined on the basis on one square foot for each establishment occupying the building or six square feet in total area, whichever is less.

5. MAXIMUM AREA OF SIGNS ALLOWED. For purposes of determining the maximum size limitations, any intermediary removable surface to which a sign is attached shall be deemed part of the sign; and any sign composed of separate letters, numbers or symbols cut into or attached to a wall or painted on or otherwise attached to an awning, canopy or window shall be deemed to the extreme limits of the sign. A two-sided sign, with messages on opposite sides (back-to-back), will be deemed to be one (1) sign; a sign with faces at an angle to each other shall be deemed to consist of several signs, one (1) for each direction faced.

The sum of the areas of wall, window and awning signs of a business in the aggregate shall not exceed the lesser of the following two amounts:

a. 10% of the façade of the business establishment;
b. 50 square feet in Districts fronting on streets other than Route 9, or 75 square feet in Districts fronting on Route 9.

6. NON-CONFORMING SIGNS. Any legal non-conforming sign may continue to be maintained but shall not be enlarged, reworded, redesigned or altered in any way unless it is brought into conformity with these requirements. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed 35 percent of the replacement value of the sign at the time of the destruction or damage, shall not be repaired or rebuilt or altered unless in conformity with this section.

The exemption herein granted shall terminate with respect to any sign which:

a. shall have been abandoned for six months or more; or

b. advertises or calls attention to any products, businesses or activities which have not been carried on or sold for six months or more; or shall not have been repaired or properly maintained within 60 days after notice to that effect has been given by the Inspector of Buildings.

7. CONSTRUCTION AND MAINTENANCE. No sign shall be painted or posted directly on the exterior surface of any wall or roof. All signs must be painted, posted or otherwise securely attached to a substantial intermediary removable surface which shall be securely attached to the building. The foregoing, however, shall not prevent installation of a sign consisting of individual letters or devices securely attached to the building. The material and construction of any sign and intermediary surface and the manner of attaching the sign to the intermediary surface and the intermediary surface to the wall of the building shall be in accordance with applicable provisions of the State Building Code. All signs, together with their structural elements, shall be kept in good repair and in proper state or preservation to the reasonable satisfaction of the Inspector of Buildings. The Inspector of Buildings may order the removal of any sign that is not maintained in accordance with the provisions of this Zoning Bylaw.

8. ROOF SIGNS. No sign shall be erected or maintained on the roof of any building or structure in any district.

9. STANDING SIGNS. No standing sign shall be erected if, in the opinion of the Building Inspector, it creates a safety hazard to vehicular or pedestrian traffic.

10. WALL SIGNS. A wall sign shall be parallel to or perpendicular to a wall of the building and shall not project beyond the face of any other wall of the building, or above the top of the wall to which attached. A wall sign shall not project more than one foot, in the case of a sign parallel to the wall, or four feet in the case of a sign perpendicular to the wall, from the face of the wall to which attached, provided that in no case shall a perpendicular sign project into, on or over a public sidewalk, street or way.

11. TEMPORARY SIGNS. Temporary signs shall be removed promptly after the sale, event or reason for the sign message has been concluded. Temporary signs shall not be maintained for more than a 30-day period, except as may be otherwise specifically provided below, as determined by the Inspector of Buildings, unless proper sign permits have been obtained. A temporary sign erected for the purpose of the sale, lease, rental or construction of real estate is not subject to the 30 day display limitation but shall be removed promptly after such sale, lease, rental or construction has been effected or completed. Temporary signs pertaining to construction shall not be erected prior to the commencement of work.

12. TRAFFIC SIGNS. The regulations contained herein shall not apply to traffic signs not exceeding four square feet in area.

13. GASOLINE FILLING STATIONS AND GARAGES. Gasoline filling stations and garages may, if they elect to do so, divide the principal sign area, to which they are entitled into separate signs attached to and parallel to the wall to which the principal sign may be attached and indicating the separate operations or departments of the business, provided, however, that the total size of the separate signs shall not exceed the maximum size permitted under this section for a single exterior sign on such wall. Signs displayed on structural canopies over gasoline pumps or gasoline pump islands shall be regulated as wall signs.

14. AGRICULTURAL SIGNS. One (1) sign not to exceed thirty-two (32) square feet shall be allowed and the wording may be changed periodically to advertise products raised or grown principally on the premises.

15. AWNING SIGNS. The following provisions shall apply to all awning signs:

a. Awning signs may only be located at the first floor level and must be painted on or attached flat against the surface of the awning or canopy and shall not extend beyond the valance or any other part of the awning or canopy nor be attached to or displayed on the sides or underside;

b. The area of an awning sign shall not exceed 25% of the surface area of the awning or canopy eligible for placement of signs;

c. Awning signs shall not be back lit or internally illuminated; and

d. Awning signs shall not be used in combination with wall signs except as provided below.

An awning sign which:

1. consists of letters only, not more than eight inches (8") in height and includes no other form of graphic, logo or symbol; and
2. is located only on the valance of the awning or canopy and no other sign, graphic, logo or symbol is displayed on the awning or canopy; and
3. does not occupy more than 50% of the horizontal length of the valance of the awning or canopy, shall not be subject to the limitations of C. General Provisions, Paragraph 4 - MAXIMUM NUMBER OF SIGNS ALLOWED; Paragraph 5 - MAXIMUM AREA OF SIGNS ALLOWED.

D. SIGN REGULATIONS. (See notes at end of Section D)

Maximum Maximum Maximum
Sign Type Height Area Number

RESIDENTIAL1, CONSERVATION DISTRICTS, RESEARCH, SCIENTIFIC AND PROFESSIONAL DISTRICT

Standing or Wall 6 feet 4 sq. ft. 1 per lot
Temporary 6 feet 6 sq. ft. 1 per lot

BUSINESS VILLAGE DISTRICT

Standing 10 feet 25 sq. ft. 1 per building
Wall 15 feet 25 sq. ft. 1 per business
Awning -------- 25% of awning
or canopy2 1 per business
Temporary 10 feet 15 sq. ft. 1 per building

HIGHWAY BUSINESS, INDUSTRIAL, INDUSTRIAL PARK DISTRICTS FRONTING STREETS OTHER THAN ROUTE 9

Standing 15 feet 75 sq. ft. 1 per lot
Wall 20 feet 50 sq. ft. 1 per business
Window(permanent) -------- 10 sq. ft.3 1 per business
Awning 25% of awning
or canopy2 1 per business
Temporary Window 25% of window4
Temporary 10 feet 25 sq. ft. 1 per lot

HIGHWAY BUSINESS, INDUSTRIAL, INDUSTRIAL PARK DISTRICTS FRONTING ROUTE 9

Standing 25 feet 100 sq. ft. 1 per lot
Wall 20 feet 75 sq. ft.2 1 per business
Window(permanent) 10 sq. ft.3 1 per business
Awning 25% of awning
or canopy2 1 per business
Temporary Window 25% of window4
Temporary 10 feet 25 sq. ft. 1 per lot

MUNICIPAL, STATE, FEDERAL OR PRIVATE EDUCATIONAL INSTITUTION, RELIGIOUS INSTITUTION WITHIN A RESIDENTIAL DISTRICT

Standing 6 feet 10 sq. ft. 1 per lot
Wall 15 feet 10 sq. ft. 1 per building
Awning Sign - not allowed
Temporary 6 feet 12 sq. ft. 1 per lot

Notes:
1 - Residential development within other districts in Town must comply with the sign regulations for residential district.
2 - Or 10% of the total area of the façade of the business establishment, whichever is less.
3 - Or 10% of the total area of exterior area of exterior windows of the business establishment excluding doors, whichever is less.
4 - Paper or posterboard only. Such signs shall not be placed on any window with a permanent window sign.

E. SPECIAL PERMITS FOR SIGNS. The Board of Appeals shall consider requests for special permits in accordance with § 174-9, § 174-11 and §174-25 of this Zoning bylaw. The Board of Appeals may grant a special permit for a sign not meeting limitations of sign height, maximum number of signs allowed, illuminations of signs, maximum area of signs allowed, and minimum setback, provided however, that the sign is otherwise in compliance with the provisions of this Section. In no case, however, shall approval be granted for:

1. A wall sign which exceeds in height the top of the wall;

2. A sign in a Residential District, except that a Special Permit may be granted for a sign at a legal nonconforming use.
3. A standing sign in Districts other than Residential, Conservation, Research, Scientific & Professional Districts which exceeds in height:

· 15' in the Business Village Districts
· 20' in Districts other than Business Village Districts fronting on streets other than Route 9
· 25' in Districts other than Business Village Districts fronting on Route 9

or exceeds in area:

· 35 square feet in the Business Village Districts
· 75 square feet in Districts other than Business Village Districts fronting on streets other than Route 9
· 200 square feet in Districts other than Business Village Districts fronting on Route 9.

4. A wall sign in Districts other than Residential, Conservation, Research, Scientific & Professional Districts which exceeds in area:

· 35 square feet in Business Village Districts
· 75 square feet in Districts other than Business Village Districts fronting on streets other than Route 9
· 100 square feet in Districts other than Village Business Districts fronting on Route 9.

The Board of Appeals will not act on any special permit or variance application without first receiving a written report from the Planning Board. A favorable report of the Planning Board shall indicate that:

1. Sign scale is determined to be in reasonable relation to development scale, viewer distance and travel speed, and sign sizes on nearby structures.

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

3. Sign design is in harmony with other design is in harmony with other signage on the same or adjacent structures, and provides reasonable continuity in mounting location and height, proportions and materials.

4. Sign materials, colors, lettering style, illumination and form are reasonably compatible with building design, neighborhood context and use.

5. Sign size, location, design and illumination are not judged to present a safety hazard to vehicular or pedestrian traffic. An unfavorable report of the Planning Board shall indicate which of the above criteria were not met and shall state what modifications to the sign or signs could be made to render a favorable report.