16A-020 Fairway Village Zoning--SIGNLAW OFFICES OF
SHATZ, SCHWARTZ AND FENTIN, P. C.
1441 MAIN STREET -SUITE 1100
SPRINGFIELD, MASSACHUSETTS 01103
(413) 737-113
July 24, 1986
Mr. Richard C. Caparso
Fairway Village, Inc.
38 Strand Place
Southbridge, Massachusetts 01550
RE: Sign for Fairway Villag Con dominium
Dear Dick: i
-I have reviewed the zoning ordinance for the City of
Northampton and the Special Permit dated April 9, 1981 in
connection with the size and placement of signs at the
entrance to the Fairway Village Condominium Projec e ou four
have asked whether you may place two signs app
feet by two feet each on either side of the driveway to the
Project where it meets Spring Street.
The application for the Special Permit indicates that
any signs on the Project "will be in compliance" with
paragraph 20 of Section 11.5 of the Northampton Zoning
Ordinance. Paragraph 20 indicates that t he regulations
contained in Article VII will apply sig si signs will not be
Unit Development except that "projecting" g
permitted. Article VII, Sections 7.1 and 7.2, contain
general rules for signs. Section 7.3 regulates signs in a
"R" district. (Fairway Village is in a "R" district as it is
entirely within a URA district.) Paragraph 3 of Section 7.3
permits "one identification sign (not to exceed ten square
feet in surface area)" for a "membership club" or "community
facility ". A condominium association does not fit literally
into the membership club definition
�� and o al so facilita is
not defined. A "community facility
second, additional sign not to exceed 40 square feet in
surface area. Paragraph 3 also restricts the illumination of
any such sign and requires that it be set back at
one -half of the required depth of the front yard
For a URA district the set back is 30 feet. Therefore, the
sign should be set back a minimum 15 feet from the street.
Section 7.8 gener
erectaalsigngbute there tisnanp b
exception for
made in order
signs within "R" districts. Thus, if your signs are for a
"community facility" you can erect them at your convenience
at lease fifteen (15) feet from Spring Street.
As "community facility" is not defined I suggest two
alternatives. You can seek a definitiofromvthe appropriate
authority authority in the City or you can apply fo based
on the assumption that the condominium is not a community
facility. Please call me to discuss this further.
I am enclosing herewith a copy of all of Article VII of
the Zoning ordinance for the City of Northampton. If you
have additional questions concerning the sign rules, p lease
do not hesitate to call me.
very
truly yours,
Timothy P. Mulhern
TPM /lm
Enclosure
cc /w /enc: Mr. George Beu
0451Caparsol
ARTICLE VII
SIGNS
Section 7.1 - Applicability All sig ns (accessory and non - accessory)
shall comply with the regulations for the erection and construction
of signs contained in the Building Code of the City of Northampton,
and,all other applicable regulations including the sign regulations
contained in this Ordinance. In addition to the provisions of this
Ordinance, all non - accessory signs, including the typical billboard
signs, shall be required to have the appropriate annual permit from
the Massachusetts Outdoor Advertising Board. No such permit shall
be issued or renewed by the Outdoor Advertising Board for any non -
accessory sign which is not in conformity with applicable ordinances
of the City of Northampton enacted in accordance with Section 29 of
Chapter 93 of the General Laws.
_Section 7.2 - General Sign Regulations.
1. Any traffic, informational or directional sign owned and
installed by a governmental agency shall be permitted.
2. Temporary banners for drive -in establishments or automotive
establishments shall be permitted, except as provided in 3
below. Temporary shall be construed to meanany period not
exceeding 30 consecutive days.
3. A sign (including temporary interior window displays or
banners) or its illuminator shall not by reason of its
location, shape, size, or color interfere with traffic or
be confused with or obstruct the view or effectiveness of
any official traffic sign, traffic signal, or traffic
marking. A sign or any part thereof which moves or flashes,
all signs of the traveling light or animated type, and all
beacons and flashing devices are prohibited except such
portions of a sign as consists solely of indicators of
time and /or temperature or automatically changing message
shall be permitted by the Administrative Officer who shall
seek the advice of the City Council, Planning Board, and
Chief of Police to determine that the sign is not a hazard
to traffic and pedestrian safety. All illumination of
signs must be so arranged as to prevent glare onto any
portion of any public way or into any residential area.
4. One temporary sign advocating any candidacy or cause shall
be permitted when displayed on the headquarters or chief
office of the political candidate or organization. The
sign shall be limited in size to the size allowed in that
zone and shall be displayed for no longer than five (5)
months during any particular year. Said sign shall not be
lighted but may be externally illuminated and may be no
more than two (2) colors in design.
5. No more than one sign shall be allowed for any one establish-
ment in the "R" District.
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6. The limitations as to the number of signs ppermitted does
not apply to traffic or directional sign s
necessary for the safety and direction of residents,
employees, customers and visitors, whether in a vehicle
or on foot, of any business, industry, or residence.
Such signs shall not carry the name of any business or
project.
7. No sign, together with any supporting framework, shall
extend to a height above the maximum building height
allowed in the district in which the sign is located. In
any "R" District, the top of a sign, together with any
supporting framework, shall not extend above the roof line.
In any oth r district, the top of a sign, together with any
supporting framework, shall not extend more than eight (8)
feet above the roof line. In the case of a building with
a pitched roof, the eaves line of the building shall be
considered the roof line.
8. The supporting members for any pole sign, projecting sign,
or any other sign shall be in acceptable proportion to the
size of the sign.
9. No sign shall be erected so as to obstruct any door, window
or fire escape on a building.
r
10- At each boundary line of the City and within a street right -
of -way, not more than one (1) sign not exceeding twenty -
five (25) square feet in area indicating the meetings of
any Northampton civic organization may be erected.
11. No sign, except for a traffic regulatory or informational
sign, shall be erected which uses the words "stop ", "caution"
or "danger ", or other similar words in such a manner as to
present or imply the need or requirement of stopping or
caution or the existence of danger, or which, for any reason,
in the opinion of the Chief of Police, is likely to be con-
fused with any traffic regulatory or informational sign.
12. If lighting is provided, the source of light shall be either
from within the sign or shall be exterior to the sign and
shielded so as to prevent direct glare from the light source
onto any public street or onto any adjacent property.
13. In any district one unlighted temporary sign offering
premises for sale or lease for each parcel in one owner-
ship shall be permitted provided: it shall not exceed six
(6) square feet in surface area, and it shall be set back
at least ten (10) feet from the street lot line or one -half
of the building setback distance whichever is less.
J
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14. In any district one unlighted temporary sign of an archi-
tect, engineer or contractor, erected during the period
such person is performing work on the premises on which
such sign is erected, shall be permitted provided: it
shall not exceed four (4) square feet in surface area;
and it shall be set back at least ten (10) feet from the
street lot line, or one -half of the building setback
distance, whichever is less.
15. In particular instances the Board of Appeals may permit
more than the number of signs herein permitted or signs
of a maximum size other than herein specified, if it
determines that the architecture of the building, the
location of the building or the land or nature of the
use being made of the building or land is such that
additional signs or signs of a larger maximum size
should be permitted in the public interest. In granting
such permission, the Board of Appeals shall specify the
size and location of the sign or signs and impose such
other terms and restrictions as it may deem to be in
the public interest and in harmony with the general
purpose and intent of this Article.
16. No signs are permitted in the
allowed by Article XIII.
17. The Administrative Officer is
repair or removal of any sign
ture which, in his judgment,
repair or which is erected or
the zoning ordinance.
SC District except those
authorized to order the
and its supporting struc-
is dangerous, or in dis-
maintained contrary to
18. No illuminated sign shall contain more than three (3)
colors nor shall any sign contain more than three (3)
colors. No sign shall contain red or green lights if
such colors would in the opinion of the Chief of Police,
constitute a driving hazard. The aforementioned provi-
sions, with respect to number and type of color(s) may
be waived and /or modified by the Administrative Officer
upon written request and only with the concurrence of
the Planning Board.
19. Signs painted or placed on the inside of the window shall
be permitted, provided that the aggregate area of such
signs does not exceed twenty (20) percent of the area of
the window glass.
Section 7.3 - Signs Permitted in Any "R" District In all "R"
Districts, the following exterior accessory signs and no others
are permitted:
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1. One professional nameplate for each medical doctor or dental
practitioner, provided that such sign shall not exceed two
(2) square feet in surface area.
2. One identification sign for each dwelling unit, provided:
such sign shall not exceed two (2) square feet in surface
area; if lighted, it shall be illuminated internally or by
indirect method with white light only; and it shall not be
used other than for identifying the occupancy.
3. Each membership club, funeral establishment, hospital, place
of public assembly, community facility or public utility may
have one identification sign (not to exceed ten (10) square
feet in surface area) and churches, community facilities and
places of public assembly may have one additional sign (not
to exceed forty (40) square feet in surface area), provided
that such sign(s), if lighted, shall be illuminated internally
or by indirect method with white light only, and such signs
shall be set back at least one -half the required depth of the
front yard setback. Tourist home/bed and breakfast facilities
may have one identification sign, attached flush to the struc-
ture (not to exceed three (3) square feet in surface area)
provided that such sign, if lighted, shall be illuminated by
indirect method with white light only. (Amended June 7, 1984)
4. Except for a professional nameplate and a residential number
plate, any sign in an "R" District shall be set back at least
one -half the required depth of the front yard.
S"1: tion 7.4 - Signs Permitted in Anv "B" District In all "B" Districts,
tti„ following exterior signs and no others, are permitted:
1. Signs permitted in Section 7.3 subject to the same regulations.
2. Business signs shall be permitted as follows:
a. One wall sign for each lot frontage of each establishment,
provided: it shall be attached and parallel to the main
(frontage) wall of a building; it shall not project hori-
zontally more than twelve (12) inches therefrom; the
surface area shall not be larger than 10% of the total wall
area of the facade of one story which is occupied by the
establishment or 100 square feet, whichever is less; and
said sign must be displayed on said wall area. If lighted,
it shall be illuminated internally or by indirect method
with white light only. (Amended November 5, 1981)
b. One ground sign for each lot street frontage of a business
establishment in the "HB" District, provided: it shall
not exceed one hundred (100) square feet in surface area,
on any one side; no portion of it shall be set back less
than fifteen (15) feet from any street lot line; it shall
not rise to more than fifteen (15) feet from the ground
or sidewalk; and it shall be illuminated internally or h
indirect method with white light only. Where a single
.lot is occupied by more than one business, whether in the
same structure or not, there shall not be more than one
standing sign.
i�
Section 7.5
Si s Permitted in the "I" District. In all "I" Dis-
tricts, the following exterior signs, and no others, are permitted:
1. Business signs shall be permitted as follows: signs for eac'
a. In all GI Districts not more thshallonotlproject horizon -
building, provided each sign:
tally more than twelve (12) inctherefrom; the s r f ace
. area of each sign shall not aggregate
the area of the wall on which it is displayed; and if
lighted, each sign shall be illuminated in t ernall or oy= No more i ndirect method with white light only.
Si
gn shall be attached to any wall. In all SI Districts,
one wall sign shall be permitted, subject to the regula-
tions set forth in Section 7.4 above. (Amended November
5, 1981)
b. One ground sign for each establishment, provided: it
shall not exceed one hundred (100) square feet in sur-
face area; it shall be set back at least fifteen (15)
feet from any street lot line; it shall not be erected
so that any portion of it is over fifteen (15) feet
above the ground or sidewalk; and if lighted, it shall
be illuminated internally or by indirect method with
white light only.
Section 7.6 - Nonconformance of Accessory Sians. Accessory signs
lawfully erected before the adoption of this Ordinance shall not
be altered or modified except so as to be in conform._ty with the
provisions outlined in Article VII of this Ordinance. (Date of
adoption of this Ordinance is July 22, 1975.)
Section 7.7
Nonconformina Non - Accessory (General Advertising) Sian
All nonconforming, non - accessory signs in existence an d n ue w to be
erected before the adoption of this O t d o i the c contrary in this Article g
maintained, notwithstanding anything sign shall
VII, provided, however, that no proposed new non - accessory
fter the adoption of this
be permitted in any District from and a
Ordinance. (Amended December 6, 1979)
Section 7.8 - Permit and Fees. No sign shall be erected, altered
or enlarged until a sh
permit been
ssued only by f the siignncomplies e
11 be or
officer. Such permit a The
will comply with all applicable provisions of this Ordinance.
permit and/or permit number ativelofficer.xeA schedule l of fees h for a sc
prescribed by the Admini The
permits may be determined from time to time by p Cl ermitted l in a
provisions of this section shall not apply lowed under the provisions
residential area nor to temporary signs al
of Section 7.2 of this Ordinance.
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