Townhall & Government Guide

Article VII

Signs and Districts

Section 1.     Sign Bylaw

1.1     Purpose and Intent

     The purpose and intent of this bylaw is to assist those wishing to place signs within the Town of Framingham by comprehensively setting forth the process governing the application, installation, maintenance and removal of signs and other advertising devices. This bylaw is further intended to:

     a.     permit such signs that will not, by their reason, size, location, construction or manner of display, endanger public health, safety and welfare;

     b.     permit and regulate signs to complement land use and to promote economic development and growth;

     c.     preserve and enhance the aesthetic environment;

     d.     provide standards, guidelines and direction constituting appropriate signage;

     e.     ensure fair and consistent enforcement.

1.2     Authority and Interpretation

     This bylaw is hereby declared to be remedial and protective, and is to be so construed so as to secure the beneficial interests and purposes thereof. This bylaw is adopted pursuant to the general powers granted to the cities and towns by Article 89 of the Amendments to the Massachusetts Constitution, and the specific powers granted by Massachusetts General Laws, Chapter 93.

1.3     Applicability

     All external and window signs are subject to the regulations of this bylaw.

1.4     Signs not requiring a permit

     1.4.1     Flags/Insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device.

     1.4.2     Governmental: See Definitions

     1.4.3     Political: See Definitions and Regulations

     1.4.4     Parking Lot Traffic/Directional: See Definitions and Regulations

     1.4.5     Public Utilities: See Definitions

     1.4.6     Real Estate: See Definitions and Regulations

     1.4.7     Residential: See Definitions and Regulations

1.5     Prohibited Signs

     1.5.1     Signs not otherwise permitted in the specific district as shown herein, and/or signs not otherwise described in this bylaw.

     1.5.2     Signs placed on property without permission of the property owner/ agent.

     1.5.3     Flashing/rotating, animated, electronic or mechanical changing signs. See REGULATIONS for one EXCEPTION.

     1.5.4     Signs that block fire escapes, or exit doors and windows.

     1.5.5     Signs that obscure, or block a clear view of traffic, warning and control signs or signals, pedestrian crosswalks, handicapped-access ramps, or signs that endanger public safety.

     1.5.6     Signs painted on or attached to utility poles, rocks, boulders, trees, fences, utility boxes, benches, trash barrels, water towers, storage tanks, chimneys, radio towers, roof towers, and sidewalks, etc.

     1.5.7     Circulars and throw-away flyers placed on vehicles or on any object outdoors by the owner, agent, lessee of a property.

     1.5.8     Wind driven, whirling, or spinning signs.

     1.5.9     Roof: See REGULATIONS for one EXCEPTION.

     1.5.10     Billboard: An off-premise sign owned by a person, corporation, or other entity engaging in the business of selling advertising space on that sign.

     1.5.11     Changeable Copy: (includes the terms menuboard and messageboard) See REGULATIONS for five EXCEPTIONS.

     1.5.12     Portable: A sign not permanently attached to the ground or other permanent structure, including, but not limited to: signs designed to be transported by means of wheels; A or T frame signs; menu and sandwich board signs; balloons used as signs; signs attached to or painted on vehicles parked and visible from a public way (or a private way used as public way) unless said vehicle is used in the normal day to day operation of the business.

EXCEPTIONS:

1.     Vehicles for sale or lease in new and used car lots

2.     Temporary signs for institutional/civic uses constructed in accordance with standards provided by the Building Department.

3.     Signs for grand openings which shall not be displayed for more than 30 consecutive days.

     1.5.13     Off-premise: See REGULATIONS for one EXCEPTION.

     1.5.14     Pennant: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, usually triangular in shape and in a series, suspended from a rope, wire, or string, designed to move in the wind. (Different than Banners). EXCEPTION: May be used one time only for grand openings for 30 days or less. Permit required.

     1.5.15     Signs mounted perpendicular to a building wall. See REGULATIONS for one EXCEPTION. (Bracket/Projecting)

     1.5.16     Temporary Banners on freestanding signs.

     1.5.17     Window signs with a commercial message in Districts "P" and "R1-4" and "G".

1.6     Historic Districts

     Each application for a sign permit within a designated Historic District shall be accompanied by a Certificate of Appropriateness from the Historic District Commission.

1.7     Gasoline Stations

a.     Same as regulations for wall signs

b.     Maximum horizontal dimension shall not exceed maximum horizontal dimension of sign      face.

c.     One tenant pannel no matter how many tenants. Must be shared if more than one tenant.

d.     Illumination shall be in accordance with Section 1.8.11

1.8     Regulations pertaining to signs

     1.8.1     Awning

          1.8.1.1      An awning containing signage shall not extend above the facade of the building.

          1.8.1.2     Opaque non-illuminated awnings: Only those sections which incorporate writing, or other types of graphics used for the purposes of identification or advertisement shall be considered sign area. Street names and numbers on opaque awnings shall not be considered to be signs unless a business located within the building has the street name and/or the street number as its name.

          1.8.1.3     Translucent and internally illuminated awnings which incorporate writing, or other types of graphics used for the purposes of identification or advertisement: In this circumstance, the entire face of the awning shall be considered sign area, including portions with and without message content. In addition, all other internally illuminated translucent awnings that are concurrently visible with such internally illuminated awning signs shall be included in computing sign area.

          1.8.1.4     If only a portion of the awning is translucent and internally illuminated, only that area shall be included in computing sign area, unless writing, or other types of graphics used for the purpose of identification or advertisement appears on other opaque portion(s) of the awning.

          1.8.1.5     The valance portion of a flexible fabric awning containing no other signage may contain the name and address of the business. Letters shall not be more than a vertical dimension of six (6) and shall not be computed as sign area.

     1.8.2     Banner

          A temporary sign which may be used by a business twice in a twelve month period. Each banner shall display a permit sticker issued by the Building Department. The banner shall be removed within 45 days after placement unless the two periods are used consecutively. See TEMPORARY. PROHIBITED ON FREESTANDING SIGNS

     1.8.3     Bracket/Projecting Signs - Wall

          A business may elect to use one bracket/projecting sign instead of both a wall and a freestanding sign. Only one such sign may be erected for each business, subject to the following conditions:

          a.     The area of the sign shall not exceed 25 sq. ft.

          b.     The depth of the sign shall not exceed six (6) inches.

          c.     The sign shall not project more than six (6) feet from the building.

          d.     There shall be at least fifty (50) feet between adjacent bracket/projecting signs.

          e.     The sign shall be hung at a 90º angle from the face of the building to which it is attached.

          f.     The sign shall be pinned at least six inches from the face of the building to which it is attached.

          g.     The bottom of the sign shall have a minimum clearance of ten feet above a pedestrian walkway or sidewalk or fifteen feet above a vehicular driveway.

     1.8.4     Bulletin Board, Institutional

          The area of a Bulletin Board shall be included in the dimensional regulations of an Institutional sign.

     1.8.5     Central Business District Buildings

          a.     Signs located on buildings where sign space has been designed as part of the facade (sign band area) shall take into consideration the historic and significant architectural features of the building, and shall be placed within the sign band area.

          b.     Signs shall not dominate building facades or obscure any architectural details (including, but not limited to windows, arches, columns, lintels, sills, moldings, carvings and cornices).

          c.     All signs for ground level tenants shall be placed in the sign band area and shall be coordinated as to location, placement, size and construction.

          d.     Businesses occupying upper floors may be identified only by black and/or gold open lettering placed directly on the glass area and not to exceed 40% of the window.

          e.     Central business district streetscape:

          EXCEPTIONS may be made for signs installed in compliance with sign programs instituted by the Town.

     1.8.6     Changeable Copy - Prohibited

EXCEPTIONS:

a)     When used on an Institutional Bulletin Board.

b)     When used on a gasoline price pod.

c)     When used in conjunction with a movie theater

d)     When used for drive-thru car wash or fast food restaurants. (See 1.9.2.2f)

e)     When used by restaurants.(see 1.9.2.2g)

     1.8.7     Color

a.     There are no restrictions on color(s) except that in Districts "R" and "G" signs shall be restricted to one color plus the background color.

b.     Black and white are considered colors.

c.     Dark or opaque background colors are encouraged for internally lit signs.

d.     Multiple business signs shall have backgrounds of the same color.

     1.8.8     Construction

          a.     A construction sign shall not be erected prior to approval by the special permit granting authority, if required, and shall be removed within ten (10) days after the issuance of the final occupancy permit.

          b.     A construction sign shall not exceed 32 sq. ft. in area in all districts except R and G districts, in which such sign shall not exceed 20 sq. ft. in area.

          c.     Only one (1) Construction sign shall be allowed.

     1.8.9     Dimensional Regulations: See Section 1.9.

     1.8.10     Freestanding: See Section 1.9.2.

     1.8.11     Illumination

          a.     External and internal illumination is permitted in all districts except R and G in which only external illumination is permitted.

          b.     The light from any sign shall be so shaded, shielded or directed or shall be maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect neighboring premises, reflect or shine on or into residential lots, nor impair the safe vision of operators of vehicles moving on public roads and highways. No illumination shall be permitted which casts glare beyond the perimeter of the property on which the sign is located.

          c.     Dark or opaque backgrounds are encouraged for internally lit signs.

          d.     Building surfaces which are decorated with illuminated gaseous tube (neon) or other lights with a message or trademark included are considered signs.

          e.     Light bulbs shall be enclosed in a housing, can, sleeve, or other container.

          f.     Times of illumination shall be for a period not to exceed one hour before/after the business is opened/closed to the public in all districts, except RC/HC and CBD where illumination is allowed for 24 hours.

          g.     Seven-day timers shall be installed on every illuminated sign, which shall coincide with times of illumination as stated above..

          h.     Timers on Multiple Business Signs (MBS) will be set to coincide with business last to close and first to open.

     1.8.12     Institutional/Civic

          a.     One freestanding sign, not exceeding twenty-four (24) sq. ft. in area with a maximum vertical dimension of six (6) feet, shall be permitted.

          b.     Religious symbols shall not be deemed to constitute signs.

          c.     If used, the area of a Bulletin Board shall be included in the dimensional regulations of the sign.

     1.8.13     Marquee/Portico

          a.     No sign shall be placed on top of a marquee/portico or shall extend beyond the vertical or horizontal dimension of the marquee/portico. Such sign shall be in place of a wall sign and shall meet the dimensional requirements contained herein for wall signs.

     1.8.14     Multiple Business Signs (MBS) See Section 1.9.2.4

     1.8.15     Obsolete

          a.     An obsolete sign shall be removed or the sign portion covered with a plain opaque cover by the owner of the sign or owner of the premises within 60 days of being deemed obsolete in writing by the Building Commissioner.

     1.8.16     Off-Premise: Prohibited

          EXCEPTION: The owner or operator of a building or business situated directly behind and/or obstructed by another building or business on a public way may negotiate with the owner(s) of the building or business which obstructs their exposure for permission to place an identification or direction sign on the obstructing property or building. Only one (1) freestanding sign, whether on or off premise is allowed.

          EXCEPTION: See Sec. 1.9.2.2h. All dimensional and other specifications of this bylaw must be met.

     1.8.17     Parking Lot, Entrance/Exit, Traffic/Directional

          a.     Such signs may contain a corporate name, graphic design or message with letters having a vertical dimension of not more than six (6) inches. The over-all sign shall not exceed four (4) sq. ft. Permit required if illuminated.

          b.     Governmental signs shall not exceed four (4) sq. ft. and shall not be illuminated. No permit required.

     1.8.18     Political - No permit required

          Deleted by Attorney General

     1.8.19     Real Estate

          a.     Real estate signs in R and G districts shall not exceed six (6) sq. ft. in area. No permit required.

          b.     Sub-division signs in R and G districts shall not exceed twenty (20) sq. ft. in area. Permit required.

          c.     Commercial property signs shall not exceed thirty-two (32) sq. ft. in area. Permit required.

          d.     Such signs shall be removed immediately after sale or lease of the real estate.

          e.     Only one (1) sub-division sign shall be allowed per development in "R" and "G" districts

          EXCEPTION: When a sub-division has more than one roadway entrance, a second sub-division sign may be allowed provided the second entrance is located at least 1,000 feet from the first roadway entrance.

     1.8.20     Residential

          a.     A sign up to two (2) sq. ft. is allowed. No permit required.

     1.8. 21     Roof - Prohibited

          EXCEPTION: A sign placed at least one (1) foot below the top edge of a false mansard roof is allowed only if there is no other sign area available.

     1.8.22     Setback, Freestanding Sign See Sec. 1.9.2.1 e.

     1.8.23     Temporary

          a.     A banner sign may be used by a business twice in a twelve month period. Each banner shall display a permit sticker issued by the Building Department. The banner shall be removed within 45 days after placement unless the two periods are used consecutively. Permit required. PROHIBITED ON FREESTANDING SIGNS.

          b.     A temporary sign identifying a business may be installed after a proper application for a permanent sign has been submitted. Where there is an existing structure for a freestanding sign, the temporary sign shall be designed to closely fit the existing sign or frame.

               Such sign shall be replaced with the permanent sign within 30 days of receiving the final permit. In the event that a permit for a permanent sign is not granted, the temporary sign shall be removed within seven (7) days. Permit required.

          c.     Deleted by Attorney General

          d.     Signs for institutional/civic uses may be displayed for a period of up to 30 days for each event. Such signs shall be constructed in accordance with standards provided by the Building Department. Permit required.

          e.     A street banner may be hung for up to 45 days at any one time. An application and fee must be made to the Town-Owned Buildings Department. The Fire Department must erect all street banners. Permit required.

     1.8.24     Time/Temperature

          a.     A Time/Temperature sign is allowed and shall be counted as part of the total square footage of the sign area.

     1.8.25     Wall - See Section 1.9.1

     1.8.26     Window

          a.     Window signs with a commercial message are prohibited in "R" and "G" Districts.

          b.     Combined window signage shall not exceed 30% of the total glass area of the window and/or door on which the signage is placed.

          c.     Any sign placed within two (2) feet of a glassed area and visible from the outside (excluding merchandise displays) shall be considered a window sign.

1.9     Dimensional Regulations

Preface

Districts

(Reference: Zoning Bylaws of the Town of Framingham, Section IV.3.a.b.(1), (2) and c.)

The regulations in this section are for permanent signs and do not apply to temporary, directional, or exempt signs. Refer to applicable sections for regulations pertaining to such signs.

Retail business uses which are located in a district other than a business district as defined in this bylaw may be allowed signage in accordance with the standards permitted in the B (Business/Community) district.

Maximum size and maximum number of signs shall not exceed those indicated herein.

Only those types of signs indicated are permitted in the respective district unless an exception is noted.

No sign shall be painted or pasted directly on the exterior surface of any wall.

Freestanding signs shall be measured from the natural grade of the property where the sign is installed to the highest point of the sign.

Only one (1) Bonus, either for Wall or Freestanding Sign, may be used.

All other regulations of this bylaw shall apply.

     1.9.1     Wall Signs

          All wall signs shall be subject to the following regulations:

          EXCEPTION: Individual businesses in "M", "M-1" and "TP" Districts with a gross floor area of 600,000 sq. ft.or more per building are, because of their size, excluded from the number and dimensional limitations of this bylaw providing the vertical height of an individual letter does not exceed twelve (12) feet. Such wall signs may not be located opposite a single or multi-family dwelling less than 1000 feet from the wall sign.

          1.9.1.1     Number of Wall Signs

               A business located on only one street may have one primary wall sign identifying the name of the business.

               A business located on a lot at the intersection of two streets may have two primary signs identifying the name of the business. The total sign surface area permitted for such a business shall be the sum of the sign surface area allotments related to each wall of the building on which the sign is placed, with each sign directly proportional to the length of that wall.

               In a business center, only the business located in the corner position on the lot at the intersection of two streets may have two primary wall signs.

               EXCEPTIONS to Number of Wall Signs:

               SHOPPING MALLS

               a.     In shopping malls, only anchor stores and businesses with a main entrance on a street, parking lot or public way shall be allowed a sign on the building facade.

               b.     A business in a shopping mall situated such that only the rear of the building faces a street or public way may have two wall signs. One sign shall designate the main front entrance to the business. An additional sign may be affixed to the rear of the building for identification purposes only and shall not exceed 30% of the area of the front entrance sign.

               BUILDINGS FACING INTERSTATE 90

               Buildings in "M", "M-1" and "TP" districts used for office, "R" and "D" or manufacturing purposes may have one wall sign designed to be primarily viewed from Interstate 90 (the Massachusetts Turnpike) identifying the building, and one additional wall sign of the same size as permitted in Sec. 1.9.1.4 b.

          1.9.1.2     Wall Signs at Additional Entrances

               Wall signs identifying additional entrances are permitted subject to the following:

               a.     If the vertical dimension of the additional sign(s) is six (6) inches or less and the sign(s) is externally illuminated, no reduction in other wall signage is required.

               b.     If the vertical dimension of the additional sign(s) is greater than six (6) inches or is internally illuminated, the total square footage of the additional sign(s) shall not exceed 10% of the size of the primary (one) sign and shall be deducted from the total wall signage allotment for the business.

          1.9.1.3     Projection of Wall Signs

               a.     Except for awnings and bracket/projecting signs, a wall sign shall not project more than eight (8) inches from the surface of the building.

               b.     A wall sign shall not project horizontally or vertically beyond the face of the wall of the building to which it is affixed.

          1.9.1.4     Individual Letter Size

               a.     When the wall on which the sign is to be placed is not parallel to the street, the setback shall be measured from the curb or edge of pavement to the center point of the location at which the sign is to be placed.

               b.     The maximum vertical dimension of any individual letter in a wall sign shall be determined by the building setback as outlined in the following chart:

Exception: Individual letters on wall signs on buildings in M, M-1 or TP districts used for office, R and D, or manufacturing purposes and which are designed to be viewed primarily from Interstate 90 (The Massachusetts Turnpike) may have a maximum vertical dimension of eight (8) feet. See additional exception in Sec. 1.9.1.

          1.9.1.5     Area of Wall Signs

               a.     The total wall signage for each business shall not exceed one square foot for each linear foot of building frontage of the business (whether or not the business faces a street) or a minimum of 30 sq. ft., whichever is greater, up to a maximum area of 200 sq. ft. and a maximum horizontal dimension of 50 feet. See Exception in Sec. 1.9.1.

               b.     For the purpose of determining the maximum amount of wall signage allowed, building frontage may be measured along the wall of the business which is parallel to the street or which has the main entrance to the business to which the sign relates. However, the sign must be placed on the wall which is used to determine the area for the sign.

               c.     Wall signs on a business center shall be of a uniform vertical dimension. See Apppendix B.

                    BONUS for Wall Signs: Any individual business which is allowed a freestanding sign by right may elect to forego the freestanding sign and all window signs and, instead, may increase the area of a wall sign(s) by an amount equal to the allowed square footage of the freestanding sign subject to the following:

                    a.     Except for the area of the sign, all maximum dimensional regulations in this bylaw shall apply.

                    b.     When a business on a corner lot foregoes a freestanding sign, the increased wall signage may be used on both wall signs, but in the same proportion as stipulated in Section 1.9.1.1.

                    Bonus Example: An individual/single business with 70 linear feet of building frontage would be allowed a 70 sq. ft. wall sign by right, plus a 35 sq. ft. freestanding sign. Elimination of the freestanding sign and all window signs would allow a wall sign of 105 sq. ft.

     1.9.2     Freestanding Signs, Single And Multiple Business

          1.9.2.1     General Regulations for ALL Freestanding Signs

               a.     All freestanding signs shall include the street number on the sign.

               b.     The sign face area or panel with the street address may be excluded from the allowable vertical dimension or sign face area if:

                    (1)     the vertical dimension of the numbers/letters does not exceed six (6) inches and

                    (2)     the vertical dimension of the sign face area or sign panel does not exceed ten (10) inches.

               c.     One (1) freestanding sign shall be permitted per building or business center. Exception(s) as noted elsewhere in this bylaw.

               d.     Temporary banners are prohibited on freestanding signs.

               e.     Setback and Placement

                    (1)     There is no minimum setback requirement for freestanding signs.

                    (2)     No freestanding sign shall be placed in an area where the distance between the building and the sidewalk, curb line or edge of pavement is less than ten (10) feet.

                    (3)     Based upon a site inspection and prior to issuing a sign permit, the Building Commissioner shall determine if the proposed sign and sign location is safe and appropriate in accordance with the following:

                         (a)     All signs must be located entirely on the owner's property. EXCEPTION: Off-premise sign. See Sec. l.8.16.

                         (b)     No part of any sign shall extend beyond the lot line or overhang the public right-of-way.

                         (c)     All signs shall be located so as not to obstruct the vision of drivers entering or exiting the site.

                         (d)     In order to enhance the aesthetic quality of a site, the Building commissioner shall, to the greatest extent feasible, require that freestanding signs be located in landscaped areas.

                         (e)     Where there are trees that may obscure visibility of a sign, to the greatest extent feasible, the sign shall be sized and/or positioned such that it is visible below the level of the lowest tree branches, and/or the natural growth of the trees over time shall not obscure the visibility of the sign.

                         (f)     Signs located within three (3) feet of a street or parking area must be on bases at least three (3) feet high or have a minimum bottom clearance of three (3) feet.

                         (g)     Signs with a bottom clearance of between three (3) and seven (7) feet must have shrubbery below the bottom of the sign which inhibits pedestrian access.

                         (f)     Depth of Freestanding Signs: The distance between the two faces of a freestanding sign shall not exceed twelve (12) inches.

          1.9.2.2     Number of Freestanding Signs

               a.     A building with only one business/tenant may have only one freestanding sign.

               b.     A business center may have only one freestanding sign.

               c.     A business complex may have one freestanding sign per building.

               d.     A shopping mall may have two freestanding signs on one street provided the street frontage of the shopping mall is at least 1200 feet on one street and the signs are placed at least 600 feet apart. Such signs shall identify only the name of the mall and not the names of the individual businesses located within the mall.

               e.     A freestanding building with only one business/tenant, a business center, a business complex or a shopping mall with frontage on two parallel streets at least 1000 feet apart may have a freestanding sign on each street.

               f.     A drive-thru food establishment or car wash may have one additional freestanding menu sign for each drive-thru lane. Each such additional sign may be up to 40 sq. ft., and up to a maximum vertical dimension of seven (7) feet, regardless of the district in which it is located.

               g.     A restaurant wishing to incorporate a message board, may do so within the dimensional requirements of their sign provided that such message board shall not exceed two reader lines and the total vertical dimension shall not exceed twelve inches.

               h.     Automobile dealers with more than one national franchise may have an additional freestanding sign for each such franchise, up to a maximum of three (3) signs, provided:

                    (1)     the dealer can demonstrate to the satisfaction of the Building Commissioner that a contractual agreement precludes having the name of more than one franchise on a single freestanding sign,

                    (2)     the total combined height of all freestanding signs does not exceed 20 feet, or the maximum height in the district in which it is located.

                    (3)     if a dealer with more than one (1) franchise chooses a Multiple Business Sign, each franchise shall be entitled to one (1) panel. The combined area of the panels shall not exceed the maximum area allowed in the district in which it is located.

                         i.     A residential apartment building, condominium/ apartment complex, assisted living or congregate housing facility having ten (10) or more units or a nursing home having ten (10) or more beds may have one externally illuminated sign per driveway as follows:

                         Maximum vertical:     According to district

                         Maximum area:     25 sq. ft. for primary sign;

                                   15 sq. ft. for each additional sign

                         EXCEPTION: HC/RC

                         Maximum area:     70 sq. ft. for primary sign;

                                   25 sq. ft for each additional sign

          1.9.2.3     Freestanding Signs for Single Business/Tenant

               a.     Sign Face Area for a single business/tenant shall not exceed 0.5 square feet for each linear foot of building frontage having the main entrance to the business (whether or not the main entrance faces a street), or a minimum of 16 sq. ft. whichever is greater, subject to the standards in the chart below.

               b.     The maximum dimension of a freestanding sign shall be determined by the district in which it is located, as indicated in the following chart.

               (a), (b)     These dimensions also apply to Multiple Business Sings except as provided in Sec. 1.9.2.4(5)

               (c)     See BONUS below:

                    Bonus for Single Business/Tenant Freestanding Signs:

                    a.     Any individual business which is allowed wall and window signs by right, may elect to forego ALL wall and ALL window signs and, instead, may increase the sign face area of a freestanding sign by an amount equal to 50% of the allotment of the primary (one) wall sign.

                    b.     In determining the bonus square footage allotment, externally illuminated wall signs with a vertical dimension of six (6) inches or less are exempt.

                    c.     The following standards shall also apply:

                         (1)     Except for the area of the sign face, all maximum dimensional standards for the district shall apply.

                         (2)     In the RC/HC district the maximum individual sign face area shall be 75 sq. ft. and in Business/Community Districts, the maximum individual sign face area shall be 50 sq. ft.

                         (3)     No additional square footage shall be allowed in lieu of window signs.

          1.9.2.4     Multiple Business Signs (MBS)

          a.     Sign Face Area of an MBS shall be subject to the following standards:

               (1)     Vertical and Horizontal dimensions shall be as shown in chart in Sec. 1.9.2.3,

               (2)     All panels shall be within the support poles or framework,

               (3)     Maximum square footage for MBS shall not exceed 200 sq. ft.,

               (4)     Bonus for elimination of a wall sign may not be used on a MBS,

               (5)     Maximum height for a MBS in the RC/HC district shall be 25 feet when the building has a gross floor area of 20,000 sq. ft. or more and contains four (4) or more businesses.

               (6)     The area of a MBS shall be subject to the following maximum limitations.

               Exception: In the HC/RC district only and when a MBS has five (5) or more panels; panels one (1) and two (2) may have a maximum area of 40 sq. ft. each and additional panels may have a maximum area of 30 sq. ft. each

          b.     Uniformity of panels: See APPENDIX B for graphic examples.

               (1)     A MBS shall be uniform in background color,

               (2)     The Building Commissioner shall require, to the greatest extent feasible, upon conformity, that the allowable sign area be divided as follows:

                    (a)     Sign panels of uniform size,

                    (b)     Sign panels of unequal size, provided that each panel is an even number multiple of the smallest vertical dimension,

                    (c)     Sign panels divided in half vertically to accommodate any additional tenant panels,

                    (d)     Sign panels divided horizontally, provided each new panel remains an even number of the others.

1.10     Application Procedure

All persons desiring to erect or alter a sign which requires a permit in accordance with this bylaw shall apply to the Building Commissioner.

No application shall be accepted or acted upon by the Building Commissioner until all the required information contained in this bylaw is provided by the applicant and all required fees are paid.

The Building Commissioner or his agent shall perform a field survey on all applications for freestanding signs prior to the issuance of a permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner and shall bear the date of inspection, comments and the signature of the inspecting officer.

Once a sign permit has been issued in conformance with all of the provisions of this bylaw, subsequent applications for reuse of existing conforming signs shall be made and fees paid to the Building Commissioner. The Building Commissioner, having all data on file for the premises in question, may waive the requirements of Section 1.10.1.

The Building Commissioner shall render a decision within thirty (30) calendar days of receipt of a completed application in conformance with ALL provisions of this bylaw.

EXCEPTION: If requested in writing by the applicant, the Building Commissioner may grant a thirty (30) day extension.

     1.10.1     All Applications For Permits Shall Include:

          1.10.1.1     A scale drawing of each proposed sign showing colors and type of illumination.

          1.10.1.2     Dimensions and photographs of all existing signs on the premises.

          1.10.1.3     A plot plan of the lot indicating the building, setback of the building from the curb or edge of pavement, curb cuts, and any landscaped or other areas in which a sign is to be placed. In landscaped areas, the type and size of any existing or proposed landscaping shall be indicated by drawing(s) or photograph(s).

          1.10.1.4     A scale drawing and/or photographs of the building showing measurements and materials of all elevations on which a sign is to be placed and indicating the location and dimensions of the proposed sign and any existing signs.

          1.10.1.5     Specifications for construction, lighting and wiring in accordance with the State Building Code

          1.10.1.6     Photographs of any physical objects or conditions obstructing the view of any proposed sign and the measured distance of that object from the sign.

          1.10.1.7     A completed application form for signs, containing the above information, as provided by the Building Department.

     1.10.2     Fees

          Fees for permits shall be paid in accordance with the schedule of fees as established and amended from time to time by the Board of Selectmen.

     1.10.3     Nullification

          A sign permit issued by the Building Commissioner shall become null and void if the work for which the permit was issued has not been completed within six (6) months from the date of issue. The Building Commissioner may issue one six (6) month extension if in his opinion there is a valid reason for such an extension. If the sign has not been erected within twelve (12) months from the original date said permit was issued, the applicant must submit a new sign application and must comply with any changes to the sign bylaw.

     1.10.4     Failure To Act On Permit

          If no sign permit has been issued within thirty (30) calendar days after a proper application has been made, which conforms to all provisions of this bylaw, and no written request for an extension has been received and accepted, it shall be deemed to be denied.

1.11     Appeal Process

     Any applicant for a permit, or any person who has been ordered by the Building Commissioner to incur expense in connection with a sign, or any person aggrieved by any refusal, order or decision of the Building Commissioner, may within thirty (30) days from the date of such refusal, order or decision, file an appeal or a petition for a variance with the Town Clerk.

     1.11.1     Procedure

          The Town Clerk shall within five (5) working days transmit copies of said appeal or petition for variance to the Zoning Board of Appeals (hereinafter, ZBA) who shall hold a public hearing on said appeal or petition for variance.

     1.11.2     Notification

          a.     Notice of said public hearing shall be given by publication in a newspaper of general circulation in the town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing and by posting such notice in a conspicuous place in the town hall for a period of not less than fourteen days before the day of such hearing.

          b.     Notice shall also be sent by mail, at the expense of the applicant, to "parties in interest" which shall include the petitioner, all owners of land within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town,the Planning Board and Planning Department and all Town Meeting members in the precinct which the property is located.

          c.     Publications and notices required by this section shall contain the name of the applicant, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises which is the subject of the petition, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested, if any. No such hearing shall be held on any day on which a state or municipal election, caucus or primary is held.

     1.11.3     Hearings

          a.     The ZBA shall hold a public hearing on said appeal or petition for variance within sixty-five (65) days of the date of filing with the Town Clerk and within forty (40) days after notice has been given as provided in Section 1.11.2 above.

          b.     The Board shall keep a detailed written and recorded record of its proceedings.

          c.     An applicant for a sign variance shall, prior to the public hearing, provide data as required in Section 1.10 and any additional information requested by the ZBA which demonstrates the reasons why relief shall be granted. Failure to provide such information may cause the petition to be dismissed without prejudice until such information is provided.

          d.     Any other party aggrieved by a decision of the Building Commissioner shall present such information as shall be necessary to demonstrate the reasons why such decision shall be rescinded, modified or amended.

          e.     The Planning Board and the Planning Department to which notification of said appeal or petition for variance has been given shall make any recommendations as they deem appropriate to the ZBA and shall send copies thereof to the ZBA and to the applicant; provided, however, that failure of such board to make recommendations within twenty-one (21) days of receipt by such board of the petition shall be deemed lack of opposition thereto.

     1.11.4     Variances

It is the specific intent of this bylaw that variances shall be granted only in rare instances and under unforeseen or exceptional circumstances that preclude literal enforcement of this bylaw, and not otherwise.

The ZBA, by unanimous vote, may rescind, modify, or amend a decision of the Building Commissioner or grant a variance from these regulations if, in each instance, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the purpose and intent of this bylaw, and not otherwise, and subject to the conditions set forth below:

          1.11.4.1     Conditions For Granting A Variance

               When granting a variance the ZBA must make both of the following findings:

               a.     The hardship must relate to property itself, e.g., unusual topography, and/or lot configuration, or physical obstacles relating to topography or to the location of a building on the lot or in relation to abutting buildings.

               b.     The variance must not be substantially detrimental to surrounding properties.

                    In no instance shall economic hardship be considered a basis for granting a variance.

          1.11.4.2     When Granting Relief the ZBA:

               a.     Must grant the minimum variance necessary to relieve a physical hardship or to achieve appropriate visibility for the signage;

               b.     Must make a determination that the applicant has conclusively demonstrated with appropriate data the reasons why relief should be granted;

               c.     May not increase the total area of a wall sign by an amount greater than 50% over that which is allowed in the district;

               d.      May not increase the vertical dimension of an individual letter by more than the following amounts:

1 Story Building     25% more than allowed in Sec 1.10.4

2 Story Building     6 Feet

3 Story Building     7 Feet

4 Story Building     8 Feet

               e.     May not increase the vertical or horizontal dimension of the sign face area or the vertical height or horizontal dimension of a freestanding sign by more than 25% over that which is allowed in the district;

               f.     May impose such conditions, limitations or safeguards as they deem necessary or appropriate.

     1.11.5     Decisions

          a.     The ZBA shall render a decision on any appeal or petition for a variance within one hundred (100) days after the filing date with the Town Clerk and shall file their decision with the Town Clerk.

          b.     Each and every decision of the ZBA to vary the provisions of this bylaw shall specify each variance granted and the reasons therefore.

          c.     Upon the granting of a variance, the ZBA shall issue to the owner and to the applicant, if other than the owner, a copy of its decision, certified by the ZBA, containing the name and address of the owner, identifying the land and sign affected, setting forth compliance with the statutory requirements for the issuance of such variance referred to in the decision and certifying that copies of the decision and all plans referred to in the decision have been filed with the Town Clerk.

          d.     No variance shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed.

          e.     If the ZBA fails to act or to file said decision with the Town Clerk within these prescribed times, any appeal or petition for a variance shall be deemed approved.

          f.     Or, if such appeal has been filed that it has been dismissed or denied, and if it is a variance which has been approved by reason of the failure of the ZBA to act thereon within the time prescribed, a copy of the petition for the variance accompanied by the certification of the Town Clerk stating the fact that the ZBA failed to act within the time prescribed, and no appeal has been filed and that the grant of the application or petition resulting from such failure to act has become final, or that if an appeal has been filed, that it has been dismissed or denied.

          g.     If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse.

          h.     Any party aggrieved by a decision of the ZBA may within 20 days of the filing of such decision appeal the decision to a court of appropriate jurisdiction.

1.12     Enforcement

     The Building Commissioner is hereby authorized and directed to literally enforce all of the provisions of this bylaw.

1.13     Inspection

     All signs for which a permit is required shall be inspected by the Building Commissioner within a reasonable period of time, or as required by building and/or wire codes, and may be inspected periodically to ensure continued compliance with this bylaw and other requirements of law.

1.14     Penalty

     Whosoever violates any provision of this bylaw, or any lawful order of the Building Commissioner with respect to any sign covered by the bylaw, shall be subject to a fine of up to three hundred dollars ($300.) for each such violation. Each day that any such violation continues shall constitute a separate violation.

     The Building Commissioner, who has the responsibility for enforcement of this Sign Bylaw, may, as an alternative to initiating criminal proceedings, treat violations of this Sign Bylaw in a non-criminal manner pursuant to the provisions of Massachusetts General Laws, Chapter 40, Section 21D.

1.15     Safety

     No sign, including a window sign, shall by reason of location, shape, size, lighting or color, interfere with traffic, or be confused with, or obstruct the view or the effectiveness of any official traffic sign, traffic signal, or traffic marking. No red, green or amber lights shall be used on or in any sign if, in the opinion of the Building Commissioner, or upon the recommendation of any public safety officer, such lights would create a driving hazard.

1.16     Structural Integrity

     1.16.1     All signs shall be designed and constructed in conformance with the provisions for materials, loads, and stresses of the Massachusetts State Building Code, 5th Edition, CMR 780, Article 29, Section 2907.0.

1.17     Maintenance

     1.17.1     All signs and all components thereof, shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this bylaw at all times.

     1.17.2     Structural damage, defective parts, missing letters, corrosion or deterioration shall be remedied or the sign removed in accordance with Section 1.19 of this bylaw.

     1.17.3     Non-conforming signs as defined in this bylaw requiring repairs in excess of thirty-five (35%) percent of the area of one side of a sign, must be brought into conformance with this bylaw.

1.18     Conformity

     1.18.1     Upon notification of the provisions of this bylaw, all signs shall be registered with the Building Department within three (3) months of notification on forms prescribed by that department.

     1.18.2     All signs without a valid permit, which are not registered in accordance with provisions of l.l8.1 shall comply immediately with all provisions of this bylaw.

     1.18.3     All signs for which a permit is issued after the effective date shall conform to all requirements of this bylaw.

     1.18.4     Any of the following events shall require existing signs to conform with this bylaw:

          a.     A sign that is changed in any way, including changes in structure, size, location, design or lettering, but excluding design or lettering changes by an owner/tenant of an existing business under the same ownership;

          b.     A sign which advertises a product, service, use or business that is no longer available on the premises where the sign is displayed.

          c.     Any relocation of a sign, except as a result of a government action.

          d.     A sign in existence on the date of the adoption of this bylaw for which no valid permit was issued, or currently pending before a board, and/or for which no approval was granted shall be brought into conformance with this bylaw within one (1) year or upon notification by the Building Commissioner, or Section 1.18.2 above, whichever is sooner, from the effective date or shall be subject to a charge of up to $300.00 per day as determined by the Building Commissioner.

          e.     Destruction of, or damage to, a sign and/or its support such that the damage exceeds thirty-five percent (35%) of the area of one side of the sign. EXCEPTIONS: Damage due to vandalism.

          f.     A tenant panel on a MBS may be refaced until conformity occurs as in 1.18.5. below.

     1.18.5     Non-conforming signs for which valid permits have been issued shall be brought into conformance within ten (10) years from the effective date of this bylaw, unless any of the events in Sec. 1.18.4 a to f have occurred prior to the scheduled date for conformance.

          EXCEPTIONS

          1.     Existing signs having valid permits and in which all dimensions fall within ten percent (10%) of the dimensional requirements of this bylaw shall be considered in conformance with these regulations. However, the overall height of a MBS as described in Sec. 1.9.2.4(5) shall not exceed 25 feet. In order to qualify for this exception, the owner of such sign must demonstrate to the satisfaction of the Building Commissioner that the sign complies with the 10% provision stated herein.

          2.     Existing wall signs having valid permits and projecting more than eight (8) inches from the surface of the building shall be considered in conformance with this bylaw.

1.19     Removal

     1.19.1     The Building Commissioner shall issue a ticket to the owner/agent/tenant for the removal of any sign erected or maintained in violation of this bylaw. The owner/agent/tenant shall have thirty (30) days to respond.

     1.19.2     Conditions under which the sign and its support shall be removed by the owner include the following:

          a.     A sign having no current and/or valid permit or signs installed illegally after denial of a permit shall be removed within 30 days after order of removal in writing.

          b.     A sign deemed obsolete according to the terms defined under this bylaw shall be removed within 60 days after order of removal in writing.

          c.     A sign deemed unsafe or dangerous in writing by the Building Commissioner shall be removed immediately.

     1.19.3     Each sign not removed when required shall be deemed a public nuisance, and the Town of Framingham may proceed to obtain a court order compelling its removal. Costs of said removal shall be borne by the sign owner and/or property owner and may be recovered by the Town, if necessary, in an action of contract in a court of competent jurisdiction, in accordance with the appropriate state law.

     1.19.4     A sign and/or sign support removed by the Town shall be held not less than thirty (30) days by the Town during which period it may be recovered by the owner upon paying the Town for the cost of removal and storage, and upon payment of any imposed fine. If not recovered within the thirty day period, the sign and or support is hereby declared abandoned and title thereto shall be vested in the Town of Framingham for disposal in any manner permitted by law.

1.20     Severability

     The invalidity of any section or provision of this bylaw or its application to any sign shall not invalidate any other section or provision or application of this bylaw.

     1.21     Effective Date

          The effective date of the adoption or amendment of this bylaw shall be the date on which adoption or amendment was voted upon by Town Meeting, subject to subsequent approval by the Attorney General.

APPENDICES

APPENDIX A - DEFINITIONS

TERMS DEFINED: For the purpose of this bylaw, the following terms shall have the meanings given below and in Sections 1.4 and 1.5 unless a contrary intention clearly appears.

TERMS NOT DEFINED: Terms not defined in this section or elsewhere in this bylaw but defined in the state building code or in the Massachusetts General Laws shall have the meanings given therein. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

1.     ALTERED SIGN: A sign that is changed in any way, including changes in structure, size, location, design or lettering, but excluding routine maintenance and excluding design or lettering changes by an owner/tenant for an existing business under the same ownership.

2.     APPLICANT: The owner of the land and the sign or a duly authorized agent, representative, assign or attorney. In each instance where the applicant is other than the owner, such representative shall file with the Building Commissioner sufficient written evidence of authority to act on behalf of the owner.

3.     APPLICATION: The building department form used to apply for a sign permit.

4.     AWNING SIGN: A sign in the form of an awning consisting of a structural skeleton with a skin made of a flexible or rigid material that is constructed to project horizontally from the vertical face of the primary structure.

5.     BANNER SIGN: A temporary sign made of fabric or of any flexible material with no enclosing framework.

6.     BRACKET/PROJECTING SIGN: A sign which is permanently affixed to the exterior surface of a building with the display area positioned perpendicular to the wall to which the sign is mounted.

7.     BULLETIN BOARD, INSTITUTIONAL: An informational changeable copy sign used only in conjunction with an Institutional sign.

8.     BUSINESS CENTER: A building with two (2) or more businesses.

9.     BUSINESS COMPLEX: Two or more buildings, attached or unattached, on one or more adjacent lots.

10.     CANOPY: A permanent roof-like structure spanning, but not limited to, gasoline pump(s).

11.     CHANGEABLE COPY SIGN: See PROHIBITED SIGNS. A sign designed so that characters or letters can be changed or rearranged manually or mechanically. See Regulations for Exceptions.

12.     COMMERCIAL MESSAGE SIGN: A sign, wording, or other types of graphics, or other representation that, directly or indirectly, identifies, advertises, or calls attention to a business, product, service, use or other commercial activity.

13.     CONSTRUCTION SIGN: A sign identifying the project, owner or developer, architect, engineer, contractor and sub-contractors, or funding sources and related information.

14.     FACADE: The entire exterior building front including the parapet.

15.     FLAGS/INSIGNIA: Flags or insignia of any governmental or non-profit organization.

16.     FREESTANDING SIGN: A sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Includes pole, pylon, multiple-business or ladderboard (MBS) signs. Monument signs, although freestanding, shall be considered separately and are defined under monument sign.

17.     GOVERNMENTAL SIGN: A sign erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.

18.     HISTORIC: A building located in a local historic district and/or listed in the Massachusetts State Register of Historic Places.

19.     INSTITUTIONAL/CIVIC SIGN: A sign identifying the premises of or announcing the activities conducted by a public, educational, religious, hospital, charitable or similar civic facility.

20.     LOT: A parcel of land, with definite boundaries ascertainable by recorded deed or recorded plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose, in one or joint ownership and not divided by a street or public way.

21.     MARQUEE/PORTICO SIGN: A sign attached to a structure projecting horizontally from and supported by the building wall.

22.     MAXIMUM AREA: The total maximum sign area or face.

23.     MAXIMUM DIMENSION: The maximum length in any direction.

24.     MONUMENT SIGN: A sign in which the base is not less than 80% of the horizontal dimension of the sign face and is in contact with the ground with a foundation beneath much like a "headstone".

25.     MULTIPLE BUSINESS SIGN (OR LADDERBOARD) SIGN: A freestanding sign with two or more individual sign panels (tenant panels) listing all or some of the businesses within the same business center or business complex. Hereinafter called an MBS.

26.     NON-CONFORMING SIGN: A sign which does not conform to the regulations of this bylaw.

27.     OBSOLETE SIGN: A sign which identifies or advertises a product, service, use, or business that is no longer available on the premises where the sign is displayed.

28.     OFF-PREMISE SIGN: PROHIBITED: A sign placed other than on the site on which the business is located. See Regulations for one Exception.

29.     ON-PREMISE SIGN: A sign placed on the site on which a business is located.

30.     OWNER: A person recorded as such on official records. For the purpose of this bylaw, the owner of the property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Commissioner, for example, a sign leased from a sign company.

31.     PARAPET: A vertical facade that is integral with the original architecture.

32.     PARKING LOT /TRAFFIC/DIRECTIONAL: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "No Parking", "Entrance", "Exit", "Loading Zone", "Handicapped", and other similar directives.

33.     POLITICAL SIGN: Deleted by Attorney General.

34.     PUBLIC UTILITY SIGN: An official sign of a non-commercial nature erected by public utilities.

35.     REAL ESTATE SIGN: A sign which advertises the sale or rental of land or of property.

36.     REAL ESTATE SUB-DIVISION SIGN: A sign which advertises the sale of land or buildings for a whole sub-division.

37.     RESIDENTIAL SIGN: A sign customarily associated with residential use and that is not of a commercial nature, such as (a) signs giving property identification names or numbers of names of occupants (b) signs on mailboxes or newspaper tubes, and (c) signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

38.     ROOF SIGN: PROHIBITED: A sign erected over, on, or extending above the roof of a building, canopy, marquee/portico, etc., however mounted. See REGULATIONS FOR ONE EXCEPTION.

39.     SHOPPING MALL: A business center or complex containing more than 20 individual retail businesses regardless of whether or not those businesses have main entrances directly to the exterior of the building or into an interior central pedestrian corridor.

40.     STORY: A portion of a building which is between one floor level and the next higher floor level or the roof, but excluding mezzanines, attics, and basements.

41.     SETBACK, FREESTANDING SIGN: The distance between the outer most edge of the sign and the lot line or public right of way.

42.     SETBACK, WALL: The distance between the wall on which the sign is to be placed and the curb line or edge of the pavement of the street.

43.     SIGN: Any letter, word, symbol, drawing, picture, design, device, article or object, whatever the nature of the material and manner of composition or construction, that advertises, calls attention to or indicates any premises, persons, products, businesses, uses or activities.

44.     SIGN AREA/FACE: The smallest square, circle, rectangle, triangle, or other geometric figure, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Sign supports shall be excluded in determining the area of a sign. A double-faced sign having the identical message on both sides shall be considered to have the area of a single face.

     However, in the case of a wall sign composed of two or more distinctly separate lines or elements consisting of all channel letters or channel letters and a symbol or graphic design and mounted directly upon the surface of the wall, the area of each line or symbol or graphic design may be calculated separately and added together to determine the total sign area. See Appendix B.

45.     STREET BANNER: A banner which crosses and overhangs a public way and which contains a message only for Institutional/Civic purposes.

46.     SUPPORTING STRUCTURE: Any structure which supports a sign.

47.     TEMPORARY SIGN: A sign displayed for 45 days or less.

48.     TIME/TEMPERATURE SIGN: A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature.

49.     WALL SIGN: A sign incorporated on, into, or affixed parallel to the wall of a building.

50.     WINDOW SIGN: A sign placed on or within two (2) feet of any glass area, and which may be of a temporary nature.

Section 2.     Town Signs

No person except an employee or contract agent of the Town board or department having jurisdiction over such sign shall paint, scrape, bend, break, or otherwise deface, mutilate, or remove any Town-owned sign. Whoever violates this Bylaw shall forfeit and pay for each offense a fine not exceeding fifty dollars (50.00).

Section 3.     Sign and Zoning Bylaw Violations

3.1     The Building Commissioner, upon taking cognizance of a violation of the Zoning or Sign Bylaws, may issue to the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof, not later than twenty-one (21) days after the date of such notice. Such notice shall contain the name and address, if known, of the offender, the specific offense charged and the time and place for his required appearance.

3.2     Any person so notified may appear and confess the offense charged, either personally or through an authorized agent or by mailing to the clerk of said district court such notice with such specific sum of money as the Town shall fix as penalty for violation of the Bylaw. The payment to the Clerk shall operate as a final disposition of the case and said proceedings shall be deemed to be non-criminal. If any person so notified to appear and also to avail himself of the procedure established pursuant to this Bylaw, he may, within twenty-one (21) days after the date of the notice, request a hearing in writing. Such hearing shall be held before a district court judge, clerk or assistant clerk. If the judge, clerk or assistant clerk shall, after hearing, find that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the case by paying the sum of money fixed as penalty by the Bylaw, or such lesser amount as the judge, clerk or assistant clerk shall order.

3.3     If such judge, clerk or assistant clerk shall, after hearing, find that the violation alleged did not occur or was not committed by the person so notified to appear, that finding shall operate as a final disposition of the case. Proceedings held pursuant to this subsection shall be deemed to be non-criminal.

3.4     If any person so notified to appear before the clerk of the district court fails to pay the fine provided by the Bylaw within the time specified, or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as penalty after a hearing and finding as provided in the preceding subsection, the clerk shall notify the Building Commissioner, who shall determine whether to apply for the issuance of a criminal complaint for the violation of the appropriate Bylaw.

Section 4.     Nuisance Bylaw

4.1     Authority and Purpose

     Pursuant to the general powers granted to cities and towns by Article 89 of the Amendments to the Massachusetts Constitution, and the specific powers granted by Massachusetts General Laws, Chapter 139, Sections 1-3A, this Bylaw is adopted for the prevention of nuisances within the Town, which nuisances constitute a hazard of blight, or adversely affect property values.

4.2     Definitions

     4.2.1     Blight

          Any condition seriously impairing the value integrity, strength, durability or appearance of real property.

     4.2.2     Building

          A structure, whether portable or fixed, with exterior walls or firewalls and a roof, built, erected or framed, of a combination of any materials, to form shelter for persons, animals, or property. See "structure" below.

     4.2.3     Dilapidated

          In a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. The term includes, but is not limited to:

          Having deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or inadequately secured windows or doors;

          Having defective weather protection (e.g., paint) for exterior wall coverings; deleterious weathering due to lack of such paint or other protective covering.

     4.2.4     Interested Parties

          In connection with the notification requirements of this bylaw, interested parties are the Building Commissioner; the owner(s) of property which is the subject of a hearing; owners of land directly opposite the subject property on any public or private street or way, abutters of the subject property, and abutters of abutters within 300 feet of the property line of the subject property. Ownership of land shall be determined by the most recent tax list.

     4.2.5     Nuisance

          Any substantial interference with the common interest of the general public in the maintenance of decent, safe, and sanitary structures and neighborhoods, when such interference results from the hazardous or blighted condition of private real property. Specific conditions which may be characterized as nuisances may include, but shall not be limited to:

          (a)     burnt structures not otherwise lawfully habitable or usable.

          (b)     dilapidated structures

          (c)     dangerous or unsafe structures

          (d)     overgrown vegetation which may harbor rats and vermin, conceal pools of stagnant water or other nuisances, or which is otherwise detrimental to neighboring properties or property values.

          (e)     dead, decayed, diseases or hazardous trees, debris or trash.

          (f)     signs as described in section 1.19.2 of the sign bylaw.

     4.2.6     Owner

          The person with record title to the property, or his authorized agent, assign or representative.

     4.2.7     Structure

          A combination of materials assembled at a fixed location to give support or shelter such as a building, (See above), framework, retaining wall, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, or mast for an antenna or the like.

4.3     Administration

     4.3.1     Removal Order

          The Building Commissioner shall, on his own initiative or upon written complaint, inspect any condition which may constitute a nuisance. If, in his opinion, the condition does constitute a nuisance, he shall make a written report to the remedial action, and shall file a copy of the petition with the Town Clerk.

          Upon receipt of such petition and report, the Board of Selectmen shall set a date for a hearing before said Board, not more than 30 days after the date of filing of the petition with the Town Clerk. Notice of said hearing shall be posted, published and sent to interested parties not less than 14 days before the date of said hearing. Notice of the hearing shall state the subject matter sufficient for proper identification, and the date, time and place of the hearing and shall be made in the following manner:

          (a)     posting of the notice on the property on which the alleged nuisance exists,

          (b)     publication of the notice in a newspaper of general circulation in the Town of Framingham and

          (c)     mailings by regular mail, postage prepaid, to the addresses of interested parties.

          Within seven days of the hearing, the Board of Selectmen shall determine whether of not the condition constitutes a nuisance, and shall determine what action shall be taken by the owner to remove the nuisance. Such actions may include, but shall not be limited to: demolition or repair of the structure, or the removal of vegetation, trees, debris, or trash. The Board of Selectmen shall issue a Removal Order to the owner to abate such nuisance within 24 hours after service of the Order, or within such other time as it considers reasonable. An owner shall forfeit twenty dollars for every day during which he willfully violates such a Removal Order.

     4.3.2     Service of Removal Order

          In accordance with Massachusetts General Laws, Chapter 139, Section1, the Town Clerk shall deliver a copy of the Removal Order to an officer qualified to serve civil process, who shall forthwith serve an attested copy thereof. Such a Removal Order shall be in writing, and shall be served on the owner in the manner specified by Massachusetts General Laws, Chapter 111, Section 124.

     4.3.3     Removal of Nuisance by Selectmen

          If the owner fails to comply with such a Removal Order, the Board of Selectmen may cause the nuisance to be removed and all expenses incurred thereby shall constitute a debt due the Town upon completion of the removal and the rendering of an account therefor to the owner, and shall be recoverable from such owner in an action of contract. Any such debt shall constitute a lien on the land upon which the nuisance was located. The Board of Selectmen shall follow the procedures relative to liens provided in Massachusetts General Laws, Chapter 139, Section 3A.

     4.3.4     Appeal to Superior Court

          In accordance with Massachusetts General Laws, Chapter 139, Section 2, a person aggrieved by such order may appeal to the superior court for the county where such building or other structure is situated, if, within three days after the service of the attested copy of the Removal Order upon him, he commences a civil action in such court.

Section 5.     Historic Districts

5.1     Historic District Commission

     There is hereby established under the Historic Districts Act, Massachusetts General Laws, Chapter 40C to be governed by and operated in accordance with the provisions relative thereto of the General Laws or any special act or amendment thereto, a Framingham Historic District Commission, consisting of seven (7) members to be appointed by the Board of Selectmen including one (1) member from two (2) nominees submitted by the Historical Society, one (1) architect from two (2) nominees submitted by the Greater Boston Real Estate Board, one (1) lawyer from two (2) nominees submitted by the South Middlesex Bar Association, one (1) land owner resident in the Historic District and two (2) members at large. There shall be five (5) alternates selected, one from each of the above specific categories. In the event any member shall be absent or unable to act for any reason, the Chairman shall designate an alternate member to act.

     Each member or alternate member of said Commission shall be a resident of the Town of Framingham, and any such member removing his residence from the Town shall be considered thereby to have resigned as a member of the Commission. If within 60 days after submission of a written request for nominees to any of the organizations herein named, no such nominations have been made, the Board of Selectmen may proceed to appoint the Commission without nominations by such organizations.

5.2     Boundaries of Historic District

     There is hereby established under provisions of and in accordance with the Historic District Act, one historic district to be known as the Framingham Center Common Historic District, bounded and described as shown on the map entitled "Framingham Center Common Historic District" available at the Planning Department of the Town; and to establish a new historic district to be known as the Jonathan Maynard Historic District, bounded and described as shown on the map entitled "Jonathan Maynard Historic District" available at the Planning Board Office.

5.3     Power and Duties

     The Commission shall have, in addition, to the powers and duties of an Historic District Commission as described in Chapter 40C, the following further powers and duties, subject to appropriation or receipt of money gifts, and may in      exercise of any of its powers or duties accept and expend such gifts and employ clerical and technical assistants or consultants.

     5.3.1     To propose from time to time, as it deems appropriate, the establishment, in accordance with the provisions of the Historic District Act, of additional historic districts and changes in historic districts;

     5.3.2     To cooperate with, consult, and advise the Planning Department, the Redevelopment Authority, and other Town agencies and departments in matters involving historic sites, building, and districts; and     

     5.3.3     To offer assistance and advice to owners of buildings in any historic district on problems of construction, reconstruction, restoration, and preservation.

5.4     Rules and Regulations

     The Commission shall adopt the rules and regulations for the conduct of its business, not inconsistent with the provisions of the Historic Districts Act. A copy of the rules and regulations and any amendment shall be filed with the Town Clerk.

5.5     Certificate of Appropriateness: Time of Decision

     The Commission shall render a decision under the provisions of the Historic Districts Act within 45 days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability, or a certificate of hardship, or within such further time as the applicant may, in writing, allow.

5.6     Exclusions

     The Commission shall have no jurisdiction to review the following categories of exterior architectural features:

     (a)     Temporary structures erected for a period of ninety days or less;

     (b)     Two dimensional signs of four (4) square feet or less;

     (c)     Terraces, walks, driveways, and sidewalks so long as such structure is substantially at grade level;

     (d)     Storm doors, storm windows, screens, gutters, antennae, and window air conditioners;

     (e)     Color of paint;

     (f)     Color of roof materials.

5.7     Properties Included in the Framingham Center Common Historic District

     5.7.1     1.     Framingham Center Common

2.      Village Hall

3.      Memorial Library

3a.     Civil War Monument

4.     Capt. Eliphalet Wheeler House, 18 Vernon Street

5.      The Jonathan Maynard School, 12 Vernon Street

6.      Framingham Academy, 14 Vernon Street

7.      First Parish Church, 24 Vernon Street

8.      First Parish House, 24 Vernon Street

9.     Plymouth Church, 89, Edgell Road

10.     Otis Boynton House, 87 Edgell Road

11.     The Crane House, 65 Edgell Road

12.     The O'Brien House, 63 Edgell Road

13.     The Grossman House, 61 Edgell Road

14.     The Shawmut Bank Branch, 39 Edgell Road

15.     The Framingham Trust Co. Branch, 35 Edgell Road

16.     Plymouth Parsonage, 125 Edgell Road

17.     The Williams House, 121 Edgell Road

18.     The Johnson House, 151 Edgell Road

19.     The Brandolini House, 2 Auburn Street

20.      The Dorr House, 4 Auburn Street

22.     Newsclipping Service, 5 Auburn Street

23.     The Maddocks House, 6 Vernon Street

24.      The Clark Builders Trust, 8 Vernon Street

25.     The Rinaldo House, 31 Grove Street

26.     The Merser House, 33 Grove Street

27.     The Tarbox House, 4 Warren Place

28.      The White's House, 3 Warren Place

29.      The Stalker House, 8 Warren Place

30.     The Larson House, 11 Warren Place

31.     The George A. Weeks House, 122 Edgell Road

32.     The General George Henry Gordon House, 936 Central Street

5.8     Properties included in the Jonathan Maynard Historic District

     5.8.1     1.     First Baptist Church, built 1826

2.      William Buckminster House, 48 Pleasant Street, built before 1832

3.     Dr. John Osgood House, 64 Pleasant Street, built between 1832 and 1850

4.      Goldberg House, 155 Maynard Road, 1894

5.     Cyrus Blake House, 79 Pleasant Street, built before 1832

6.      Mason House, 153 Maynard Road, 1984

7.      Ira Mitchell House, 89 Pleasant Street, built before 1832

8.      Marion Adams House, 100 Pleasant Street, built 1890-1905

9.     Blanche Partridge House, 111 Pleasant Street, built 1917

10.     "Little Maynard", 198 Maynard Road, built 1901

11.     Dexter Esty House, 108 Pleasant Street, built between 1832 and 1850

12.     Capt. Charles Williams House (Jonathan Maynard House, 113 Pleasant Street, c. 1760)

13.      Henry Orne Stone House, 120 Pleasant Street, c. 1840's

14.     Judge Blodgett House, 129 Pleasant Street, 1915-16

15.      Kelly House, 130 Pleasant Street, 1915-16

16.      Boudrot House, 139 Pleasant Street, 1974

17.     Jesse Belknap House, built between 1832 and 1850

18.      TO BE BUILT, SPRING 1994, 149 Pleasant Street

19.     Rev. L. R. Eastman House, 154 Pleasant Street, built between 1850 and 1872

20.     Roessler House, 159 Pleasant Street, 1993

21.     Rock House, 2 Aspen Circle, 1980

22.      Thorup House, 165 Pleasant Street, 1993

23.     Obed Winter House, 176 Pleasant Street, c. 1850

24.     H. Twombly House, 169 Pleasant Street, built before 1832

25.     Lockhart House, 198 Pleasant Street, 1955

26.     Wagner House, 179 Pleasant Street, 1993

27.     Jacob B. Winchester House, 200 Pleasant Street, built between 1832 and 1850

28.     Davis House, 187 Pleasant Street, built between 1872 and 1895

29.     J.J. Valentine House, 208 Pleasant Street, between 1840 & 1849

30.     George Newell House, 201 Pleasant Street, before 1832

31.     G. R. Brown House, 216 Pleasant Street, c. 1851-60

32.     The George Phipps House, 41 Pleasant Street. to include the entire presently existing dwelling on a parcel consisting of not less than 25,000 square feet of land and having not less than 65 feet of frontage on Pleasant Street

33.     The Mancall House, 45 Pleasant Street

34.     The Pearl House, 47 Pleasant Street

35.      Now or formerly of McCarthy or Brossi, 49 Pleasant Street

36.     The Glickman House, 51 Pleasant Street

37.     The Brostrom House, 55 Pleasant Street


Appendix B - Graphic Examples

     Examples of Multiple Business Signs

     Panel Uniformity on Multiple Business Signs

     Wall Sign Area Calculations

     Area of Sign =

     Brackett/Project Signs - Wall

     Wall Signs