Title
Be it Ordained that Section 3.35 of the Revised Ordinances of 1991 be amended relative to Sign Control.
Body
Be it hereby ordained by the Malden City Council that Section 3.35 of the Revised Ordinances of 1991 be and the same is hereby amended as follows:
-by striking out Section 3.35 as it currently exists and inserting in place thereof the following new Section 3.35:
SECTION 3.35 SIGN CONTROL
.1 Intent and Purpose:
The City of Malden recognizes that signs are an important means of visual communication in our society and that businesses and individuals have the right to convey messages using signs that are accessory to the use of the premises where the signs are located. It is the intent of this section:
.1 to provide a reasonable balance between the right of a business or individual to identify itself and to convey a message and the right of the public to be protected against the visual discord that results from unrestricted size, placement and design of signs.
.2 to promote public health, safety and welfare by insuring that signs are properly designed, constructed and maintained;
.3 to ensure that signs are compatible with adjacent land uses, enhance the aesthetics of the community and promote economic viability.
.2 Definitions:
As used in this ordinance, and rules and regulations promulgated hereunder, the following words shall have the following meanings:
Awning: Any device, fixed or retractable, of any material, which projects more than 12 inches from a building wall and extends over or otherwise covers any portion of a sidewalk, walkway, dining area, or driveway.
Sign: Any letter, number or symbol or any combination thereof designed and placed so as to be visible from the exterior of a premises and to convey a message to the public.
Sign, Abandoned: A sign which:
.1 advertises a business, service or product no longer occupying or available at the premises to which it is attached; or
.2 has, in the opinion of the Building Inspector, so deteriorated that the cost of repair would exceed 30% of cost of replacement.
Sign, Accessory: A sign which advertises or identifies the goods or services offered by the business conducted on the premises where the sign is located.
Sign, Freestanding: A fixed sign not attached to a building or structure and supported by one or more columns, poles or braces placed in, on or upon the ground.
Sign, Illuminated: A sign on which electric light is projected, whether from the interior of exterior, including signs incorporating neon or exposed gas tubes.
Sign, Non-Accessory: A sign which advertises or identifies goods or services not available on the premises, or relates to events or people not located on the premises.
Sign Portable: A sign not affixed to a building, structure or the ground.
Sign, Primary: A sign which advertises or identifies the business conducted on the premises where the sign is located.
Sign, Projecting: A sign affixed to a building and designed to be read at an angle perpendicular to the building; provided that no projecting sign shall be more than 2 linear feet in height nor project more than three feet from the building to which it is affixed.
Sign, Roof: A sign projecting above the lower roof line of a building or affixed to any portion of the roof.
Sign, Temporary: A professionally produced vinyl banner containing the name of the business conducted or to be conducted at the premises and the words “coming soon” or “now open”.
Sign, Wall: A sign affixed to a building and designed to be read at an angle parallel to the building.
Sign, Window: A sign placed in the interior of a building so as to be visible on the exterior through the glass surface of a window or door.
Sign Area: The measurement, in square feet, of the smallest single rectangle enclosing all elements of the sign face.
Sign Face: The part of a sign used to communicate information, including all background material, panels or trim used to differentiate the sign for the surface on which it is placed.
.3 SIGN DESIGN REVIEW COMMITTEE - COMPOSITION; DUTIES; REVIEW OF APPLICATIONS BY DIRECTOR OF PERMITS, INSPECTIONS AND PLANNING; ISSUANCE OF BUILDING PERMIT; VARIANCES
The Sign Design Review Committee shall be composed of the Executive Director of the Malden Redevelopment Authority or a designee, the President of the City Council or a designee and one Councillor At Large designated by the Council President.
The Sign Design Review Committee shall promulgate rules and regulations, not inconsistent with this ordinance, to effectuate its intent and shall adopt a procedure for granting variances from design regulations.
Application for variance of design regulations shall be decided upon within 21 days of submission of the application for variance. No variance of design regulations shall be granted unless the Sign Design Review Committee finds that:
.1 due to the construction of the building or sign face, or the nature of the applicant’s business, literal application of the regulations would present a significant hardship to the applicant; and
.2 the requested modification does not substantially derogate from the intent of the ordinance.
Variance of design regulations may be granted subject to such conditions or restrictions at the Sign Design Review Committee deems appropriate and shall become conditions for issuance of a Building Permit.
Rules and regulations promulgated hereunder shall include but not limited to the following:
.1 application requirements,
.2 delineation of such commercial zones as the Committee deems appropriate;
.3 detailed design guidelines for each commercial zone so established;
.4 administrative guidelines for application for variance;
.5 fees.
The Sign Design Review Committee may require that signs be restricted to specific colors, sizes, methods of illumination, materials, and appearances so as to achieve uniformity within commercial districts.
Except as provided in Section 3.35.4, no sign shall be refaced, constructed, altered or changed without a permit issued by the Building Inspector, provided that no permit for the construction, alteration or modification of a sign shall be issued without the certification of the Director of Permits, Inspections and Planning that the sign conforms to sign design regulations or that a variance of design regulations has been granted by the Sign Design Review Committee.
Applications for design review shall be filed with the Department of Permits, Inspections and Planning. The Director of Permits, Inspections and Planning shall, within 5 days of the submission of a completed application, review the application for compliance with design regulations and issue an approval or notice of denial to the applicant. A notice of denial shall cite non-compliance with a specific regulation or regulations and shall include information of appeal rights.
.4 SIGNS NOT REQUIRING A PERMIT
Notwithstanding the provisions of Section 3.35.3, no permit shall be required for the following signs:
.1 No more than two signs , not exceeding 6 square feet each, advertising a site for sale or lease.
.2 No more than one sign, not exceeding 3 square feet in area, containing only the street name or the street number of the premises;
.3 No more than one contractor’s sign, not exceeding 3 square feet, containing information relative to a construction or renovation project in progress;
.4 No more than one flag, not including the flag of the United States of America, not exceeding 6 square feet;
.5 No more than two accessory window signs; provided that all window signs do not exceed a total of 20% of the aggregate window area;
.6 No more than two signs, not exceeding 3 square feet each, indicating the means of entrance or egress for a building or property.
.7 For non-residential properties, no more than two non-accessory window signs, not exceeding 2 square feet each; provided that any sign displayed under this section remains no longer than 30 days and is removed within 5 days of the completion of the event to which it relates;
.8 For residential properties, no more than one non-accessory sign not exceeding six (6) square feet; provided that any sign displayed under this section remains no longer than 60 days and is removed within 5 days of the completion of the event to which it relates;
.9 Temporary signs, provided that an application for a Primary Sign has been filed with the Sign Design Review Committee and provided further that said temporary sign does not exceed 32 square feet;
.10 Any informational or promotional banner, displayed by the city or a Malden based non-profit, on municipally owned or controlled property;
.11 Any banner displayed from a utility pole with the approval of the owner;
.12 A billboard regulated by the state Outdoor Advertising Board.
.5 PROHIBITED SIGNS
Notwithstanding the foregoing, no regulation shall permit approval shall be issued for the following types of signs:
.1 Signs designed to incorporate movement, including signs designed for propulsion by wind, including but not limited to banners, pennants, spinners and streamers;
.2 Signs designed to display a message which is electronically changed, whether by flashing, blinking, scrolling, digital or stationary display of letters or images, unless the sign:
.1 displays only time and temperature; or
.2 is affixed to a state, federal or municipal property;
.3 Signs erected so as to obstruct any means of egress from a building;
.4 Roof signs, excluding bill boards regulated by the state Outdoor Advertising Board;
.5 Banners affixed to the exterior of a building;
.6 Accessory window signs covering more than 20% of the aggregate window area;
.7 Non-accessory window signs exceeding 6 square feet;
.8 Signs containing red and green lights arranged in such a manner that, in the opinion of the Traffic Supervisor, said sign would constitute a hazard to motorists or pedestrians;
.9 Balloons, blimps, or other three-dimensional figure anchored to building, structure or ground;
.10 Abandoned signs; provided that, if the premises is no longer occupied, it shall be the obligation of the building owner to remove signs and to restore the sign frieze to its original condition;
.11 A-Frame or T-Frame portable signs, provided that Sign Design Review Committee may issue annual permits, subject to such conditions and restrictions as they deem appropriate, for portable signs only to those businesses which, in the ordinary course of their affairs, temporarily conduct business at locations which are not their principle place of business.
.6 ENFORCEMENT
Violations of the provisions of this ordinance, rules and regulations adopted by the Sign Design Review Committee or any restriction or limitation placed on a permit granted hereunder may be punished by the Director of Permits, Inspections and Planning or his designee with a fine not to exceed $300.00 per offense, imposed in the manner provided in Massachusetts General Laws, Chapter 40, Section 21D. Every 24 hours during which a violation exists shall be a separate offense for which a separate fine may be imposed.
-by implementing this amendment as follows:
This ordinance shall take effect six months from the date of final passage or upon the adoption of rules and regulations proscribed in Section 3.35.3, whichever is sooner; provided that the provisions of both the present ordinance and this amendment shall cease to be in force and effect if rules and regulations are not adopted within six months of the final passage of this amendment