Great Barrington, MA - Article XIX

[Added 12-12-1994 STM, Art. 3;

amended 5-4-1998 ATM, Art. 28]

Under authority of the General Laws, the Town of Great Barrington adopts this article for the regulation and restriction of signs and other outdoor visual advertising devices on public ways, on private property within public view, in public parks, and on playgrounds. The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the town; to maintain and enhance the aesthetic environment of the town; to encourage and support the town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; and to minimize the possible adverse effect of signs on nearby public and private property.

~ 171-91. Definitions.

Words and phrases used in this article shall have meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Ordinance of the town shall be given the meanings set forth in the Zoning Ordinance. Words not defined in the Zoning Ordinance shall be given the meanings in the most current edition of the Webster's Unabridged Dictionary. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

ABANDONED SIGN -- A sign that no longer identifies or advertises a location, product, or activity conducted on the premises on which the sign is located.

AGGREGATE AREA OF SIGNS -- The sum of the allowed area of signs on any premises.

ANIMATED SIGNS -- A sign that uses movement, or the illusion of motion, moving images or changes of lighting to depict action or create a special effect or scene. Animated signs are prohibited in all districts.

ARCHITECTURAL PROJECTION -- Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but excluding any signs as defined herein.

AREA OF SIGN -- The area of a sign shall be determined by measuring the area within the perimeter which forms the outside shape of display elements from the top of the highest display elements to the bottom of the lowest display elements and from exterior side to exterior side of display elements, including in such measurement any black or open area between display elements. Display elements include any letters, words, trademarks, logos, and symbols. Any frame around the sign shall be included in the measurement, but the measurement shall not include any supporting structure or bracing. Any such measurement shall be taken on only one face of the sign, although informational or advertising matter may be displayed on both sides of any permitted sign.

AWNING -- An architectural projection or shelter projecting from and supported by the exterior wall of a building or other similar means and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

AWNING SIGN -- A sign displayed on, lettered on or attached to the surface or surfaces of an awning.

BACKGROUND AREA OF SIGN -- The entire area of a sign on which copy and/or graphics could be placed.

BANNER -- A flexible substrate on which copy or graphics may be displayed. Banners are a form of temporary off-premises sign designed to advertise events sponsored by civic, public or nonprofit organizations.

BANNER SIGN -- A sign utilizing a banner as its display surface.

BILLBOARD -- A commercially owned and operated freestanding or wall sign which does not advertise a business or profession conducted, a service offered or a commodity sold upon the premises where such sign is located, and which is subject to MGL c. 93, ~~ 29 through 33, and the rules and regulations of the Outdoor Advertising Board of the Commonwealth of Massachusetts.

BUILDING FACADE -- That portion of any exterior elevation of a building extending vertically from grade to the roofline.

BUILDING INSPECTOR -- The duly appointed Building Inspector for the Town of Great Barrington.

BUILDING-MOUNTED SIGN -- A sign attached to any part of a building, as contrasted with a freestanding sign. Building signs include wall signs, projecting signs and window signs. Building-mounted signs may not project above any eave or parapet or roof surface.

BULLETIN BOARD SIGN -- A sign whose message copy or content can be changed manually on a display surface.

BUSINESS -- A single store, office, research facility, manufacturing facility, or commercial establishment, or similar location for a single activity.

BUSINESS CENTER -- A location with businesses or potential businesses which collectively have an aggregate floor area equal to or greater than 50,000 square feet and which has a name different from the name of any of the individual businesses and which has common private parking and vehicular entrances.

CANOPY -- A multi-sided structure supported by columns or attached on one end to a building. The vertical surface(s) and or soffit of a canopy may be illuminated by means of internal or external sources of light.

CANOPY SIGN -- A sign affixed to the visible vertical surface(s) of an attached or freestanding canopy; may be internally or externally illuminated. Refer also to ~ 171-98 herein for illustrations.

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

COMMERCIAL OUTDOOR ADVERTISING SIGN -- A permanent off-premises sign erected, maintained or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages.

COPY -- The graphic content and the commercial message of a sign.

DIRECTIONAL SIGN -- Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

DIRECTORY SIGN -- A sign which lists the tenants or occupants of a premises and may indicate respective professions.

DISTRICT(S) -- The zoning districts as established on the Town of Great Barrington Zoning Map, as amended from time to time.

DOUBLE-FACED SIGN -- A sign with two faces, commonly back-to-back.

ELECTRONIC MESSAGE SIGN OR CENTER -- An electrically activated sign whose variable message capability can be electronically programmed. The copy can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. These signs are prohibited in all districts.

EXTERIOR SIGN -- Any sign placed outside a building.

EXTERNALLY ILLUMINATED SIGN -- A sign which has characters, letters, figures, designs, or outlines illuminated by light reflecting off its surface(s) from lights placed at some distance from the sign.

FACADE -- Any building facade which is visible from a paved public way.

FREESTANDING SIGN -- A sign principally supported by one or more columns, poles, or braces placed in or upon the ground, including V-signs. Refer also to ~ 171-98 for illustrations.

FRONTAGE (PROPERTY) -- The length of the property line(s) of any single lot along either a public way or other properties on which it borders.

HISTORIC SIGN -- An accessory sign 50 or more years old that is structurally safe, or any other preexisting sign designated by an accredited historical association or governmental agency to have historical significance.

INCIDENTAL SIGN -- An informational sign, no larger than two square feet, which has a purpose secondary to the use of the premises on which it is located, such as "loading only," "no parking," "entrance," "telephone," "credit cards accepted," "open," "closed," "back in one hour" and other similar directives. No sign with a commercial message with lettering greater than two inches in height shall be considered an incidental sign.

INTERIOR SIGN -- Any sign placed within a building, but not including window signs as defined by this article. Interior signs, with the exception of window signs as defined, are not regulated by this article.

INTERNALLY ILLUMINATED SIGN -- A sign which has characters, letters, figures, designs, or outlines illuminated from within the sign by electric lights, luminous tubes or other light source.

LASER/HOLOGRAPHIC SIGNS -- Laser, holographically projected or similarly electronically produced signs which use these technologies to project visible images.

LOT -- A parcel of land in single ownership that is recognized as a separate lot by the Assessor's office.

MARQUEE -- A multi-sided structure or architectural projection supported by attachment to a building on one or more sides, whether hung, cantilevered or supported by columns. The surface(s) and/or soffit of a marquee may be illuminated by means of internal or external sources of light. Marquees and marquee signs are allowed only by special permit from the Selectmen.

MARQUEE SIGN -- A sign attached to the sides of a marquee.

MULTIPLE-FACED SIGN -- A sign containing three or more faces.

OFF-PREMISES SIGN -- A sign whose copy bears no relationship to the activities conducted on the premises on which it is located.

ON-PREMISES SIGN -- A sign whose copy bears a direct relationship to the activities conducted on the premises on which it is located.

PARAPET -- The extension of a building facade above the line of the structural roof.

POLITICAL SIGN -- A temporary sign intended to advance a political statement, cause, or candidate for office.

PORTABLE SIGN -- Any sign not permanently attached to the ground or to a building.

POSTER -- A temporary sign no more than eight square feet in area printed on cardboard, paper or other similar nondurable material.

PREMISES -- A single residence, building or place of business and the land on which it sits.

PROJECTING SIGN -- A sign attached directly to a building wall, which extends more than 10 inches from the face of the wall, including, without limitation, so-called "shingle signs." Refer also to ~ 171-98 herein for illustrations.

REAL ESTATE SIGN -- A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

ROOFLINE -- The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost line of said facade or parapet.

ROOF SIGN -- Any sign mounted on a roof or projecting above a roofline. Roof signs are prohibited in all districts. See ~ 171-98 for illustrations.

SANDWICH SIGNS -- An A-frame, T-frame, sidewalk, or curb sign. Sandwich signs are prohibited in all districts.

SIGN -- Any device visible from a public place whose design is to convey commercial or noncommercial messages by means of graphic presentation of alphanumeric or pictorial symbols or representations. Noncommercial flags or any governmental flags displayed from flagpoles or staffs will not be considered to be signs.

SIGN STRUCTURE -- Any structural element designed to support a sign.

STREET LINE -- The boundary of the public right-of-way and private property.

SUBSTANTIAL CHANGE, IMPROVEMENT OR REPLACEMENT -- Change, improvement or replacement of a sign which modifies an existing sign in any aspect except its color, and which affects greater than 20% of the total area of a sign, including the background. Proper maintenance of signs is permitted and encouraged.

TEMPORARY SIGN -- A sign intended to display either commercial or noncommercial messages of a temporary nature. Any sign not permanently embedded in the ground, nor permanently affixed to a building or sign structure that is permanently embedded in the ground, is considered a temporary sign.

TRAVELED WAY -- The portion of a street which is surfaced for vehicular traffic. The "traveled way" may not coincide with the street line.

UNDER CANOPY SIGN OR UNDER MARQUEE SIGN -- A sign attached to the underside of a canopy or marquee.

V-SIGN -- A sign containing two faces, positioned at an interior angle of less than 30°. Any sign whose two faces are positioned at an interior angle greater than 30° is not permitted.

WALL SIGN -- A sign painted on or attached directly to the surface of a building wall and extending not more than 10 inches from the face of such wall.

WINDOW SIGN -- A sign on exterior windowpanes or glass or placed inside an exterior window or door and intended to be visible from the exterior of the premises.

~ 171-92. General regulations and prohibitions.

General regulations and prohibitions shall be as set forth below.

~ 171-92.1. Abandoned signs.

Any on-premises sign which advertises a business no longer conducted at the premises, or any off-premises sign which advertises a business no longer conducted at its separate premises, shall be removed by the owner, or if the owner fails to do so, by the Building Inspector, within 120 days of abandonment or cessation of such business.

~ 171-92.2. Animated signs.

Rotating signs, animated signs, rotating beacons, electronic message signs or centers and otherwise moving signs shall be prohibited in all zoning districts.

~ 171-92.3. Awnings and awning signs.

Awnings shall not extend more than eight feet over the public right-of-way. Awnings shall not be closer than three feet to the face of curbline. No portion of any awning sign (or such awning on which it is located) shall be lower than 10 feet above grade. If projecting over an alley or driveway subject to vehicular traffic, the clearance must be at least 13 feet. All awnings shall comply with other applicable ordinances and regulations. Signs which overhang a public way (including sidewalks) shall be covered by a bond or insurance in accordance with ~ 171-95.3. The framework supporting the awning shall be securely anchored to the building. The method of attachment as well as the anticipated structural, wind and other loads, shall be detailed on the application, and shall be approved in writing by the Building Inspector. No awning signs shall be allowed in any residential district.

No sign, except for posters or temporary signs, shall use any day-glow or fluorescent colors on either its copy or background.

~ 171-92.5. Freestanding signs.

The top of a freestanding sign shall not exceed a height five feet greater than the distance from the traveled way (measured perpendicularly from the traveled way to the base of the pole) or 20 feet above the traveled way, whichever is less. A freestanding sign shall not be placed within 10 feet of the traveled way. It is the applicant's responsibility to determine that the freestanding sign is being placed on the applicant's property. If a freestanding sign is placed within 20 feet of a traveled way, it shall have a minimum clearance of eight feet between grade and the bottom of the sign or shall not be higher than five feet above grade. No freestanding sign shall be allowed to be constructed in such a fashion as to obstruct traffic sight lines or otherwise impair pedestrian or vehicular safety. No freestanding signs shall be permitted in a residential district, unless otherwise exempted by this article (as in ~~ 171-94.21 and 171-94.22 ). Freestanding signs shall be limited in size as specified in ~ 171-94.35.

~ 171-92.6. Illuminated signs.

Any illuminated sign shall employ only lights emitting a constant intensity; no sign shall be illuminated by a flashing, intermittent, rotating, or moving light. In no event shall an illuminated sign or lighting device be placed or directed to permit the beam or illumination to cause glare or reflection that may constitute a traffic hazard or nuisance. Illuminated signs adjacent to a residential district shall be either turned off between 11:00 p.m. and 6:00 a.m. or screened to prevent a beam or illumination from shining onto any other property. No illuminated sign shall be permitted in any residential district (unless otherwise excepted in this article, as in ~ 171-94.21). Any internally illuminated sign shall use a background less luminous and darker than the copy, so that the light shines predominantly through the copy and not through the background. Signs with exposed neon or other glowing tubes located less than 81/2 feet above ground shall be mounted only inside windows and shall qualify as window signs. The allowed level of illumination of internally illuminated signs is designated in a chart available in the office of the Town Clerk. All internally illuminated signs shall comply with the standards set forth upon that chart.

~ 171-92.7. Laser/holographic signs.

Laser/holographic signs shall be prohibited in all zoning districts.

~ 171-92.8. Marquees.

The changeable copy of marquee signs shall contain only advertising for current or upcoming events. Each marquee shall be constructed to meet the following requirements:

A. It shall be equipped with gutters and conductors for the purpose of draining water toward the building to which it is attached, and shall not discharge ice, water or snow onto the street or the walk;

B. If such marquee shall be glazed, it shall be glazed with laminated or wire glass not less than one-quarter of an inch in thickness and be safely supported, and

C. It shall safely support its own weight plus a superimposed load of 30 pounds per square foot, equally distributed, in addition to any concentrated load to which it may be subjected.

D. There shall be a minimum clearance of 10 feet between the underside of the marquee at its lowest point and the sidewalk. If projecting over an alley or driveway subject to vehicular traffic, the clearance must be at least 13 feet.

E. No under-marquee signs are allowed.

F. Marquee signs are allowed only upon the premises of theaters or cinemas. They shall require a special permit from the Board of Selectmen. A condition of such permit shall be that the applicant shall provide drawings signed and stamped by an engineer which shall detail the structural integrity of the marquee. The Building Inspector shall be required to inspect and approve the installation of the marquee to assure that it is in compliance with the submitted plans.

~ 171-92.9. Portable signs.

Portable signs, including movable wheeled signs of any kind, shall be prohibited in all districts, except those painted or affixed to a duly registered motor vehicle, provided that such vehicle is not continuously parked in one location for a period in excess of two weeks or is used in the day-to-day operation of the business conducted at the premises where the vehicle is parked; temporary signs otherwise in compliance with this article; political signs.

~ 171-92.10. Projecting signs.

Projecting signs shall not extend more than three feet from the building. Projecting signs shall not be closer than three feet to the face of a curbline. No portion of any projecting sign shall be lower than 10 feet above grade. If projecting over an alley or driveway subject to vehicular traffic, the clearance must be at least 13 feet. Signs which overhang a public way (including sidewalks) shall be covered by a bond or insurance in accordance with ~ 171-95.3. The framework supporting the projecting sign shall be securely anchored to the building. The method of attachment as well as the anticipated structural, wind and other loads, shall be detailed on the application, and shall be approved in writing by the Building Inspector. No projecting signs shall be allowed in any residential district.

~ 171-92.11. Roof signs.

No roof signs shall be permitted in any zoning district.

~ 171-92.12. Safe condition.

All signs shall be maintained in good repair, in good structural condition and in compliance with all building and electrical codes. No sign shall be erected that obstructs any door, window or fire escape or otherwise interferes with the proper functioning of any building. No sign shall constitute a hazard to public safety or health by reason of its location, inadequate maintenance, dilapidation, abandonment, or by causing any obstruction of sight distances for vehicular traffic or interference with pedestrian safety.

~ 171-92.13. Sign posts.

Sign posts and supports shall not contain lettering and shall be kept plumb and in good condition.

~ 171-92.14. Temporary signs for business premises.

Temporary signs (other than posters) shall not be posted for more than 30 continuous days. Posters shall not be displayed for more than 45 continuous days. If any premises shall have any temporary signs or posters posted for more than 120 days in any calendar year, all such signs at such premises shall be considered permanent signs for the purposes of this article, and shall be regulated accordingly. Temporary signs must be removed promptly when the event advertised is concluded. Temporary signs shall not be placed closer than 10 feet to the traveled way. There shall be a maximum of two temporary signs per business, with a maximum area per sign of eight square feet, the area of which shall not be counted towards the aggregate permanent sign area permitted for the business. Temporary window signs are separately regulated under ~ 171-93.13.

~ 171-92.15. Traffic signs.

No sign shall use amber, red or green lights resembling traffic signals, or the words "stop," "caution," "danger," or other word, phrase, symbol, shape or character that might be construed as a public safety warning or traffic sign.

~ 171-92.16. Traffic sight lines.

No sign shall be erected that obstructs traffic sight lines for drivers or pedestrians. A freestanding sign shall not be placed within the triangle formed by connecting the intersection of any street lines with the points on each street line 20 feet from such intersection.

~ 171-92.17. Trees, etc.

No sign shall be permitted on trees, light poles, telephone poles, or street identification signs except such signs as are erected by the Town of Great Barrington or the Commonwealth of Massachusetts for traffic or pedestrian safety purposes.

~ 171-92.18. Window signs.

Permanent window signs shall not exceed in aggregate area 50% of the total square footage of the window or glass door on which they are located. Any area of window signs, except temporary window signs, shall be deducted from the maximum allowable area of signs for the premises, and shall in no event exceed that maximum allowable area of signs. Temporary window signs, posted for no longer than 30 days may cover up to 50 square feet in the aggregate without counting towards the aggregate allowed area of signs. Any temporary window signs in excess of 50 square feet shall be counted against the aggregate allowed area of signs. Regulations regarding size and illumination shall apply to window signs as to other building-mounted signs within the zoning district in question. No window signs, permanent or temporary, shall be allowed in any residential district.

~ 171-93. Signs allowed in specified districts which do not require a permit from the Building Inspector.

No permits are required for the following signs (~ 171-93.1 through ~ 171-93.15). They are exempted from the requirements of ~~ 171-94 through 171-95 of this article.

~ 171-93.1. Governmental flags.

Governmental flags and governmental insignia, except when displayed with a commercial message or in connection with a commercial promotion, are allowed in all districts. Governmental flags and insignias displayed on motor vehicles offered for sale shall be considered to be displayed in connection with a commercial purpose.

~ 171-93.2. Historic signs.

Historic signs as defined in ~ 171-91 are allowed in all districts.

~ 171-93.3. Historical markers.

Historical markers erected or placed by a historical association, governmental agency or owner of property that has been placed on the State or Federal Register of Historic Places are allowed in all districts.

~ 171-93.4. Holiday lights.

Holiday lights and decorations that do not include a commercial message and that are displayed for a limited period of time are allowed in all districts.

~ 171-93.5. Incidental signs.

Incidental signs as defined in ~ 171-91 are allowed in all districts.

~ 171-93.6. Information and directional signs.

Informational and directional signs no greater than two square feet in area each, directing traffic to hospitals, parking areas, cultural institutions and commercial areas or other permitted uses, are allowed in all districts.

~ 171-93.7. Legal notices.

Legal notices and identifications not exceeding two square feet in area, including "No Trespassing" and "No Hunting" signs are allowed in all districts.

~ 171-93.8. Memorial signs.

Memorial signs, plaques, or tablets no greater than eight square feet each are allowed in all districts.

~ 171-93.9. Noncommercial signs.

Signs having no commercial message and which bear only house numbers, post box numbers, names of residents, or identification of premises and do not exceed two square feet in aggregate area per premises are allowed in all districts. The sign may include identification of an on-premises professional office or customary home occupation allowed by this chapter.

~ 171-93.10. Real estate signs.

One "For Sale," "For Rent" or "For Lease" sign is allowed per premises in any district. Such sign shall not exceed eight square feet in area per premises in a nonresidential district or six square feet in area per premises in a residential district and shall advertise for sale or for rent only the premises upon which the sign is located. The sign shall be removed promptly when the advertised sale or rental is concluded. Such signs shall be set back at least three feet from the street line or 10 feet from the traveled way, whichever is greater. Real estate sales agencies shall obtain an annual license from the Board of Selectmen, in accordance with the Board's Policies and Procedures, for the erection of real estate signs which shall advertise only properties which they have for sale or lease or rent.

~ 171-93.11. Signs exempted by law.

Signs described in MGL c. 93, ~ 32, are allowed in all districts.

~ 171-93.12. Temporary signs in residential districts.

Temporary signs not to exceed eight square feet in aggregate area are allowed in residential districts. They shall not be posted for more than 30 continuous days.

~ 171-93.13. Temporary window signs in business and industrial districts only.

Temporary window signs as defined in ~ 171-92.18 are allowed in business and industrial districts.

~ 171-93.14. Vending machine signs.

Permanent signs on vending machines, gas pumps, ice containers or similar devices indicating only the contents of such devices and prices of the merchandise are allowed in business and industrial districts only.

~ 171-93.15. Works of art.

Works of art that do not include a commercial message are allowed in all districts.

~ 171-94. Regulations applicable to specific districts.

Regulations applicable to specific districts shall be as set forth below.

~ 171-94.1. Signs allowed in specific districts which require permits from the Building Inspector, but no payment of a fee.

The following signs are allowed in all districts (except as noted) with a permit from the Building Inspector, with no fee or posting of a bond required, provided that the sign meets all other requirements of the bylaw.

~ 171-94.11. Banners.

Banners may be hung along the wall of a building or they may span a public way. Banners shall have a maximum square footage equal to four times the width of the vehicular traveled way over which they are suspended, or, in the event they are hung on a building facade, they shall not exceed 200 square feet in area. They shall be removed within five business days of the date on which the event they are advertising is concluded. A maximum of two banners per event shall be permitted. Banners suspended over public property or any street must also obtain a permit from the Board of Selectmen as required under the general bylaws of the town, and shall post a bond in accordance with ~ 171-95.3. Banners shall be allowed only in business and industrial districts.

~ 171-94.12. Civic organizations.

One bulletin board sign per premises not to exceed 24 square feet in area for any of the following organizations: religious institution, school, museum, civic or service organization, community recreational facility, or library. Such sign shall indicate only the name and current or upcoming activities of the organization. Bulletin board signs are allowed in all districts.

~ 171-94.13. Construction site signs.

Signs on active construction sites denoting the owner, contractor, consultants, or funding agency not to exceed 24 square feet in area in the aggregate per site in nonresidential districts or six square feet in area in the aggregate per site in residential districts. Signs shall be removed from the site within seven days of the completion of construction.

~ 171-94.14. Decorative flags and pennants.

In commercial and industrial zones there shall be no more than two decorative flags or pennants per premises. Strings of pennants are prohibited.

~ 171-94.15. Directional signs.

Directional signs for the purpose of giving directions to a religious institution, school, museum, community recreational facility, library, licensed innholder, or other permitted uses, not to exceed two square feet in area, and subject to applicable regulations of the Department of Public Works and the Highway Department.

~ 171-94.16. Entry-way signs.

Signs on an entry-way to the town containing information regarding community or civic organizations, not to exceed either one sign per entry-way per organization no larger than four square feet in area each or one sign per entryway for all such organizations no larger than 16 square feet in area; all such signs subject to applicable regulations of the Department of Public Works and the Highway Department.

~ 171-94.17. "Open" flags.

"Open" flags shall be allowed in business or industrial districts. One flag shall be allowed per premises, in good repair, no larger than six square feet in area, without a commercial message, displayed only while the business conducted at the premises is open, and indicating that the business conducted at the premises is open.

~ 171-94.18. Posters.

Posters of religious, charitable, civic, fraternal, political, or similar organizations or of candidates for political office and not to exceed eight square feet in area each.

~ 171-94.19. Temporary signs in nonresidential districts.

Temporary signs not to exceed 16 square feet in aggregate area per premises in a nonresidential district.

~ 171-94.2. Signs allowed in residential districts which require permits from the Building Inspector and payment of a fee.

The following signs are allowed in residential districts. They require a permit from the Building Inspector and payment of a fee as set forth in ~ 171-95.2.

~ 171-94.21. Hospitals, nursing homes and other institutional uses allowed in a residential district.

Hospitals, nursing homes and other institutional uses allowed in a residential district, whether by right or by special permit, shall be allowed to have such signs as can be demonstrated as necessary to the safety and well being of the community, with fee waived. These include internally illuminated signs indicating Emergency Room entrances, and such other similar signs as are necessary. In all other respects, they shall conform to the limitations and restrictions set forth in this article.

~ 171-94.22. Nonresidential use in residential district.

One on-premises sign per premises advertising a permitted nonresidential use in a residential district (other than permitted home occupations), not to exceed 12 square feet in area.

~ 171-94.23. Subdivision signs.

One sign, per entrance from a public way to the subdivision, advertising any real estate development or subdivision, not to exceed 12 square feet in area each.

~ 171-94.30. Signs allowed in business and industrial districts which require permits from the Building Inspector and payment of a fee.

Signs in business and industrial districts require a permit from the Building Inspector and payment of a fee as set forth in ~ 171-95.2, and are subject to the following restrictions.

~ 171-94.31. Awning signs.

Awning signs are permitted in business or industrial districts. On any elevation of an awning, a maximum square footage of two square feet shall be allowed. No awning shall be allowed to have more than four square feet of signs. All signs on an awning shall be counted against the aggregate allowed area of signs. No awning sign shall be illuminated.

~ 171-94.32. Billboards.

Preexisting billboards in compliance with Sections 29 through 33, Article 93, Massachusetts General Laws, and the Zoning Ordinance, which were in existence prior to the adoption of this article are permitted. No new billboards shall be permitted to be erected.

~ 171-94.33. Building-mounted on-premises signs.

Any one facade of a business in a business or industrial district shall be allowed one or more on-premises building-mounted signs which shall not exceed in aggregate area the lesser of 10% of the surface area of the facade of the building to which the sign is attached, or 150 square feet. These may be wall signs, window signs, projecting signs, directory signs and any other permitted sign type. A business with two or more facades visible from paved public ways or public parking areas shall be allowed additional on-premises sign or signs directed toward such public ways or parking areas which shall not exceed 50 additional square feet in aggregate area per facade. No single building-mounted on-premises sign shall exceed 100 square feet in area. Any off-premises signs for a business shall be treated as separate from the on-premises signs and shall not count towards the aggregate allowed area.

~ 171-94.34. Business center signs.

In addition to other signs allowed to individual businesses, a business center shall be allowed one freestanding sign not to exceed 100 square feet in area and only for the purpose of identifying the business center and the individual businesses. Signs for any individual business mounted on the business center sign shall not exceed 10 square feet. The portion identifying the common business center itself shall not exceed 24 square feet. All signs included on such common business center sign shall be similar with regard to material, coloring, lighting, lettering and other characteristics. A business center sign, if utilized, shall be the only freestanding sign allowed along the road frontage of any business center.

~ 171-94.35. Freestanding signs.

Except for business center signs as described in ~ 171-94.34, a freestanding sign in a business or industrial district shall not exceed the lesser of 0.50 square foot per foot of frontage along the primary road frontage of the lot on which the sign is located or 24 square feet in size. There shall be a limit of one freestanding sign per premises in any permitted district, unless excepted in ~ 171-94.36. If the premises is a corner lot on two public ways, then a freestanding sign may be allowed on each street.

~ 171-94.36. Gas stations.

Gas stations are allowed to have the following signs in addition to any signs which do not require a permit: A sign located on the vertical surface(s) of any attached or freestanding canopy(s). The maximum area of signs on a canopy(s) on a gas station's premises shall be 18 square feet. These canopy-mounted signs shall be allowed in addition to the freestanding signs permitted under ~ 171-94.35 (above).

~ 171-94.37. Off-premises signs.

Any freestanding off-premises sign which is not a billboard shall conform to the conditions and limitations set forth in ~ 171-94.35 above. Any building-mounted off-premises sign shall count towards the aggregate allowed area of signs of the building on which it is mounted.

~ 171-94.38. Projecting signs.

Projecting signs shall be allowed in business or industrial districts only. Only one projecting sign shall be allowed per business, and shall be allowed only instead of, not in addition to, any permitted freestanding signs. Projecting signs shall not exceed 15 square feet in area. Projecting signs shall require the posting of a bond as set forth in ~ 171-95.3.

~ 171-94.4. Signs requiring a special permit.

The following signs require a special permit from the Board of Selectmen, and require permits from the Building Inspector and payment of a fee.

~ 171-94.41. Marquee signs.

Marquee signs may be permitted only on the premises of theaters or cinemas within business and industrial districts, and shall comply with all the conditions set forth in ~ 171-92.8, as well as any other conditions of this chapter. No marquee sign shall be permitted in any residential district. Marquee signs shall not exceed 50 square feet on each visible surface of the marquee. No under marquee signs are allowed. A special permit from the Board of Selectmen is required as well as a sign permit from the Building Inspector and payment of a fee. Marquee signs shall require the posting of a bond, or liability insurance coverage, as per ~ 171-95.3.

~ 171-95. Permit process.

The permit process shall be as set forth below.

~ 171-95.1. Applications.

For all signs permitted by ~~ 171-94.1 through 171-94.4, the owner of the premises (or owner's agent) shall apply to the Building Inspector for the issuance of a sign permit on such application form as shall be acceptable to the Building Inspector. All applications shall indicate the size, location, lighting, materials, method of attachment, other specifications for each proposed sign, as well as proof of bonding or insurance certifications where required. The Building Inspector shall be responsible for the review of the application, issuance of the sign permit, and enforcement of the provisions of this article. The Building Inspector may, at his discretion, consult with any town board or department regarding an application for a sign permit. The Building Inspector shall act upon a completed sign application within 60 days of its receipt. Each permit issued under the provisions of this article shall continue in effect until the sign is removed or the sign permit is revoked, canceled or otherwise terminated. The granting of a sign permit shall not relieve the owner or operator from procuring any permit or license required by any other provision of law or of this code or other ordinances of the town.

Signs permitted by ~~ 171-94.2 through 171-94.4 require the payment of fees for the issuance of a sign permit. Said fees shall be established by the Town Manager with the approval of the Board of Selectmen, in accordance with ~ 6-C.18 of the Town Code, and may be amended from time to time. A schedule of fees is available in the Town Clerk's office. Fees shall be made payable to the "Town of Great Barrington, Office of the Building Inspector," upon the issuance of the sign permit.

Banners suspended over public property or public ways, as well as projecting signs and marquees, require the posting of a bond with the Building Inspector, satisfactory to the Town Counsel as to form, and in the penal sum hereinafter set forth, duly executed by the applicant and a surety company qualified to do business in the commonwealth, conditioned to indemnify the town against any and all claims (including any and all legal costs) for personal injuries, consequential damages, and death, or damage to property resulting from the placing, construction, or maintenance or removal of such sign, and further conditioned to pay all judgments obtained against the owner or operator of the premises upon or to which the sign is to be placed, or against any person subsequently becoming the owner or operator of such premises, or the owner of such sign, or liable for its proper maintenance, by reason of personal injuries or damage to property resulting from the placing, construction or maintenance or removal of such sign. The penal sum of such bonds shall be established by the Town Manager with the approval of the Board of Selectmen, in accordance with ~ 6-C.18 of the Town Code, and may be amended from time to time. A schedule of fees is available in the Town Clerk's office. Such bond or one similar in effect and amount shall be maintained in force for each such sign as long as the sign is in place or until permission is given by the Building Inspector to release or discharge the bond. A liability insurance policy giving the same protection to the town may be substituted for such bond. Annual certification that a bond or liability insurance policy is in effect shall be submitted to the Town Clerk and the Building Inspector. The failure to maintain such bond in force may be cause to terminate the sign permit under which such sign was erected and maintained. The office of the Town Clerk shall be notified if the insurance policy or bond is reduced or canceled.