Chapter 3.1 Sign Rules and Regulations

TOWN OF HOLDEN
RULES AND REGULATIONS FOR THE CONTROL AND
RESTRICTION OF BILLBOARDS, SIGNS, AND OTHER
ADVERTISING DEVICES
ADOPTED NOVEMBER 23, 1970

 

SECTION I

 

Permits Required

A.      Outdoor Advertising Commission Permit: No person, firm, association or corporation shall engage in the business of outdoor advertising in the Town of Holden by means of billboards, signs or other advertising devices without first obtaining a license from the Commonwealth of Massachusetts, Department of Public Works, Outdoor Advertising Division.

B.      Board of Selectmen Permit: No person, firm, association or corporation shall post, erect, display or maintain within public view from the highway, public park or reservation any billboard, sign or other advertising device except as permitted by the Town Manager.

C.      Signs Not Permitted: Billboards, signs, or other advertising devices that are to have moving or movable parts, or flashing, animated, intermittent devices that shall be deemed to have taken on an unusual character shall not be permitted.

 

SECTION II

 

Permanent Permits - Outdoor Advertising

A.      Application: Each application for a permit shall be accompanied by a non-refundable fee, upon submission to the Environmental Control Office to be known as the Permit Fee, as follows:

1 sq. ft. - 20 sq. ft..........$5

A variance is required for any sign over 20 square feet (exception: five businesses occupying one building may have a sign of 30 square feet) in a "C" or "BO-P" district, and for any sign over 60 square feet in an "I" or "IQ" district. Fees change accordingly with increased size of sign.

The permit shall be valid until June 30 of every even yearly date from the date of receipt of notice of approval of the permit by the Board.

 

B.      Renewal: Each application for the renewal of a permit granted under these Rules and Regulations shall be made not later than thirty (30) days prior to the expiration of such permit, and shall be accompanied by a fee as follows:

1 sq. ft. - 20 sq. ft..........$5

A variance is required for any sign over 20 square feet (exception: five businesses occupying one building may have a sign of 30 square feet) in a "C" or "BO-P" district, and for any sign over 60 square feet in an "I" or "IQ" district. Fees change accordingly with increased size of sign.

 

SECTION III

 

Permits for Persons Not Engaged
In Business of Outdoor Advertising

A.      APPLICATION GENERAL: Application for a biennial permit under the provisions of this section shall be accompanied by a non-refundable fee of $5.00 to be known as the permit fee, and shall be paid by the permittee when the application is received from the Environmental Control Office.

B.      RENEWAL GENERAL: Each application for the renewal of a biennial permit granted under this section shall be made not later than thirty (30) days prior to the expiration of such permit, and shall be accompanied by a fee of $5.00 to be known as the renewal inspection fee. All permits granted under these sections shall expire on June 30 of the next following even yearly date thereof, unless sooner revoked for cause by the Town Manager or extended because of delay in the granting of a renewal permit. Renewal permits shall be granted without notice or hearing upon payment of a required fee.

C       REAL ESTATE SIGNS: BLANKET :

1.      Application: Upon submission of an application and a $10.00 fee to be known as the permit fee, the Town Manager may grant a blanket sign permit to Real Estate and leasing firms advertising the sale or rental of the premises on which the sign is located and bearing the name, address and telephone number of the agent through which such sale or rental may be accomplished. Real estate signs shall be removed forthwith upon sale or rental of the premises signed.

2.      Renewal: Real Estate blanket permits must be renewed biennially on even years before the June 30 anniversary at the Environmental Control Office for a $10.00 fee to be known as the permit fee.

D.      PLAZA SIGNS:

1.      Where a group of 3 or more business buildings are built as a plaza or shopping center and it is desired to identify the grouping as such, in addition to the signs permitted for individual buildings or businesses, there may be permitted one standing sign displaying only the plaza or center name.

2.      Application and Renewal : (see Section II, A & B)

E.      GENERAL RESTRICTION AND REQUIREMENTS:

1.      Maintenance Required: No renewal permit will be granted for the further maintenance of any billboard, sign or other advertising devices unless the front, back, braces, anchors and lattice work thereof are painted and kept in proper condition.

2.      Removal of Signs: All billboards, signs or other advertising devices erected under the provisions of this section shall be removed by the owner thereof within ninety (90) days from the date of expiration or revocation of the permits under which they were erected.

3.      Reconstruction/Replacement: Before a person may construct a new sign in the Town of Holden replacing an advertising sign, billboard or non-advertising sign accidentally or intentionally torn down, destroyed or removed, a sign permit application accompanied by a fee of $5.00 known as the inspection fee, must be submitted to the Environmental Control Office; the sign must conform with the current by-laws and rules and regulations and be approved by the Town Manager.

 

SECTION IV

 

Temporary Signs

A.      SPECIFIC REQUIREMENTS:

1.      Only One Sign: Only one sign or other advertising device containing the same advertising matter shall be placed upon the same structure.

2.      Location: The location for all temporary signs or other advertising devices to be erected or posted under the provisions of this item shall be subject to the approval of the Environmental Control Office.

3.      Removal: Any sign or other advertising device posted, erected, affixed or displayed under a temporary permit shall be removed by the permittee not later than fourteen (14) days from the date of expiration or revocation of such permit.

4.      Town Manager: The Town Manager or his authorized designee may issue Temporary sign permits for periods not in excess of 30 days, when such action is in the public interest and not inconsistent with current sign permit policies.

B.      PROMOTIONAL-BLANKET PERMITS - BIENNIAL :

1.      Application: Any business establishment, in accordance with Town By-Laws governing the number of signs per premises, requiring the continuous use of various temporary ground and banner sign to advertise or publicize special or seasonal attractions may obtain an annual blanket/temporary sign permit application from the Town Manager for a $5.00 inspection fee. The owner shall inform the Environmental Control Office of the date the sign shall be erected.

2.      Renewal: Temporary blanket sign permits for businesses must be renewed biennially on even years before the June 30 anniversary date at the Environmental Control Office for a $5.00 fee to be known as the permit fee.

C.      PROMOTIONAL-SINGLE PERMIT - 180 DAYS:

1.      Temporary permits may allow the posting, tacking, erection, display or maintenance of signs or the other advertising devices for a maximum period of one hundred and eighty (180) days.

2.      Application: Upon submission of an application to the Environmental Control Office for issuance of a permit, a non-refundable fee, to be known as the permit fee, of five ($5) dollars shall be paid by the permittee.

D.      PROMOTIONAL - TRANSIENT - 30 DAYS:

1.      Fees: Transient temporary permits may be granted for a period not exceeding thirty (30) days. Each application for such permit shall be accompanied by an inspection fee of two ($2) dollars.

 

SECTION V

 

General Requirements - All Signs


1.      Property Owner Consent: No billboard, sign or other advertising device shall be posted, erected or displayed on any property until written consent of the owner of the property or the tenant has been obtained, and a permit therefor has been granted by the Town Manager.

2.      Application Information: Applications of permits shall be filed with the Environmental Control Office and shall be accompanied by sketches showing the exact location of the proposed billboard, signs, or other advertising devices; said applications and sketches to be made on forms furnished by the Environmental Control Office.

3.      Photo Required: The owner of an unregistered, erected sign must submit a photograph of such sign to the Environmental Control Office when applying for a sign permit. The owner of a new sign must submit a photograph of such sign to the Environmental Control Office within 15 days after erection. Applicants required to submit photos under this section may obtain same from the Town for a $5 fee, payable at time of application.

4.      Identification Decal: Every billboard or sign erected under this section shall be erected in the exact location described in the permit, and shall bear its clearly visible permit decal to be placed on the top moulding, at the left hand corner; provided however, that wherever a sign is erected on a single post a number plate shall be placed on the face of the post under the sign. All permitted signs of licensed advertisers shall bear the clearly visible imprint of the license number.

5.      Dimensions/Materials: All billboards, signs or other advertising devices shall be of such dimensions and material as the Town Zoning By-Law may prescribe. In the case of billboards the following, which are standard and uniform in the outdoor advertising industry shall be the dimensions; 3 sheet poster, 9 feet high by 5 feet wide; 6 sheet poster, 7 feet high by 13 feet wide; 8 sheet poster, 9 feet high by 9 feet wide; 24 sheet poster, 14 feet high by 25 feet wide; painted bulletin 20 feet high by 60 feet wide, provided, however, that the Town Manager may in particular cases have due regard to the requirements of a particular location permit the erection of billboards of dimensions varying from those established above.

6       Setback/Height : Setback requirements, if any, clearance between bottom of sign and ground, clearance between bottom of sign and roof shall be only such as are specified by the Town Zoning By-Law either by general rule or by a specific determination made with due regard to the requirements of the particular location or by By-Laws. The Town Manager may grant permits for roof signs if the signs, billboards or other advertising devices are located in an area of business character and otherwise in compliance with these Rules and Regulations.

7.      Objectionable Material: The Town Manager or his authorized designee reserves the right to require the permittee to remove from any billboard, sign or other advertising device any matter displayed thereon, which, in the opinion of the Town Manager is objectionable. It shall be the duty of the permittee maintaining a billboard, sign or other advertising device, to keep same and the ground about it free from all rubbish or from any material used in connection therewith which, in the opinion of the Town Manager is objectionable.

8.      Conformance with General Laws: No outdoor advertising will be permitted within the limits of any state highway, or any other public way except as provided in Section 8 of Chapter 85 of the General Laws.

9.      Public Parks: No permits shall be issued for outdoor advertising on any location within three hundred (300) feet of a public park or reservation if within view of any portion of same.

10.     Fences, Rocks, Poles, Trees Restrictions: No outdoor advertising shall be painted or affixed upon any fence, rock, pole or tree.

11.     Environmental Impact: No permit will be granted for the location or maintenance of billboards, signs or other advertising devices near certain public ways, where in the opinion of the Town Manager having regard to the health and safety of the public, the danger of fire, or the unusual scenic beauty of the territory, signs will be particularly harmful to the public welfare.

12.     Obstruction of Adjacent Signs: No permit will be granted for the erection of a billboard, sign or other advertising device which will, in the opinion of the Town Manager obstruct the visibility of another sign existing under a permit issued by the Town Manager.

13.     Conformance with Town By-Laws: All signs erected in accordance with these rules shall comply with the existing By-Laws of the Town of Holden.

14.     Permit to Enter: The Permit to Enter Clause on the application must be signed by the Lessor, before the application can be accepted.

15.     Revocation: The Town Manager reserves the right to revoke for cause a permit granted by it under the provisions of the Law.

16.     Appeal:

16.1    An appeal may be taken to the Board of Selectmen by any person aggrieved by any order or decision of the Town Manager under this chapter. Such appeal must be taken within thirty days from the date of the order or decision which is being appealed by filing a motion of appeal, specifying the grounds thereof, with the Town Manager who shall forth with transmit copies thereof to the Board of Selectmen.

16.2    The Board of Selectmen shall fix a reasonable time for the hearing of any appeal or other matter referred to it under this chapter and shall cause a notice of the time and place of such hearing thereof to be mailed to the petitioner or appellant.

 

At such hearing any person whether entitled to notice thereof or not may appear in person or by agent or by attorney.

16.3    All hearings of the Board of Selectmen hereunder shall be open to the public. The decision of the Board shall be made within forty-five (45) days after the date of the hearing. The Board shall issue its decision in writing, setting forth clearly the reason or reasons for such decision. Notice of a decision of the Board shall be mailed to the appellant or petitioner.

 

SECTION VI

 

Severability

The invalidity, unconstitutionality or illegality of any provision of these Rules and Regulations shall not have any effect upon the validity, constitutionality or legality of any other provision of these Rules and Regulations.

Amended September 14, 1971, October 4, 1982