VIII. SIGNS
A. Purpose

The purpose of this bylaw is to regulate all exterior signs and all interior signs placed for exterior viewing from public ways and places but which are not located on Town property. It is also intended to limit clutter of uncontrolled signage, to integrate signs with Ipswich's unique and historic environment, and to improve the effectiveness of individual signs through emphasis on appropriate design.

B. Application

A sign, whether temporary or permanent, shall require a building permit and shall comply with the Massachusetts State Building Code, as amended. Signs associated with properties requiring special permit or site plan review approval shall also require approval by the special permit granting authority, or in the case of site plan approval, the Planning Board. Flags and temporary signs for political or charitable purposes, for public organizations, for states and political subdivisions thereof, and international and national flags are exempt from the provisions of this section, as are interpretative signs, provided that said signs, in the opinion of the building inspector, do not create an undue safety or traffic hazard by reason of impeding minimum sight distance requirements as established by the American Association of State Highway Transportation Officials (AASHTO). Signs attached to trailers shall not be allowed; signs attached to vehicles shall not be allowed within fifty feet (50') of the street line. Signs shall not project above the roof or front parapet of a building. (Amended by 10/16/00 Special Town Meeting; approved 3/8/01 by Attorney General) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

C. Definitions



AREA OF SIGN : The area, including all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, the frame around the sign, and any "cut outs" or extensions, but not including any supporting structure or bracing. Calculation of sign areas shall use the following formulae:

1 .For two-dimensional signs affixed to or fabricated from a mounting background or signboard: the area shall consist of the smallest rectangular plane that wholly contains the sign (see diagram #1 on page 47).

2. For two-dimensional signs consisting of individual letters or symbols affixed directly to the building wall, window, or awning: the area shall consist of the smallest area enclosed by a series of straight lines connected at right angles which encompasses all of the letters and symbols (see diagram #2 on page 47).

3. For two-dimensional double-faced signs less than four (4) inches thick: use the area of one face as calculated under subparagraph #1 above.

4.For three-dimensional signs, double-faced signs greater than four (4) inches thick, objects used as signs, and "V" shaped signs: the area shall be determined by the largest of either the front or side projected view of the sign (see diagram #3 on page 47).

BRACKET : A device used to attach a sign to a building other than with screws or bolts.



CLEARANCE : A completely open and unobstructed space measured from the ground level to the lowest portion of a hanging sign. No less than ten feet (10') clearance shall be allowed when the sign is over a public way or area (see diagram #4 on page 47).

ILLUMINATION : The act of supplying or brightening a sign with light. Lighted signs shall be illuminated only by a steady, stationary light without causing harmful glare for motorists, pedestrians or neighboring premises. Sign illumination is permitted only between the hours of seven o'clock in the morning and eleven o'clock in the evening, except that signs may be illuminated during any hours establishments are open to the public. The sources of artificial light shall include: enclosed or protected neon (exposed illuminated neon shall not be allowed); and lighting from an exterior source(s) and/or internal lighting; but all flashing, changing, or intermittent illumination is prohibited, except for time/temperature signs and holiday decorations.

LINEAL FRONTAGE : The length in feet of a building or storefront which abuts a street or public right-of-way at its first floor or entrance level (see diagram #5 on page 47).

PROJECTION : To extend forward or out from a facade of a building. Signs shall project no more than five feet (5') from a building or two-thirds (2/3) of the width of the sidewalk, whichever is less (see diagram #4 on page 47).

SIGN : Any two or three dimensional fabrication, or assembly, including its supporting structure, consisting of any letter, figure, character, symbol, emblem, mark, design, pictorial representation, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, business, public performance, article, machine or merchandise whatsoever, and displayed in any manner for recognized identification or advertising purposes. "SIGNS" shall be divided into the following categories:

1. AWNING SIGN : Any sign painted, sewn or attached onto an awning. The area of an awning sign(s) shall not exceed one-half (0.5) square foot per foot of lineal frontage of the storefront or building upon which the awning is attached. Awnings shall conform to the Massachusetts State Building Code.



2. BANNER SIGN : Any sign constructed of fabric or flexible material. Pennants and flags are banner signs, except flags or pennants as exempted under Subsection B (Application). Banner signs may be used as permanent and temporary signs. A permanent banner sign shall not exceed fifteen (15) square feet in size.

3. DIRECTORY SIGN : Any sign which contains listings of two or more commercial uses or users. A directory sign shall be designed and constructed with provisions for changes of listing without reconstruction of the entire sign.

4. FREE-STANDING SIGN : Any sign structurally separate from the building, being supported on itself, on a standard, or on legs. Free-standing signs shall be non-moveable and permanently anchored.

5. HANGING SIGN : Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including an arcade or marquee sign. (Added by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

6. PLAQUE OR HISTORIC MARKER : A permanent, non-illuminated sign which identifies a structure or site designated by the Ipswich Historical Commission as being historically significant. In the case of a structure, said sign shall be attached parallel to the structure and shall not exceed three (3) square feet. In the case of a site, said sign shall be placed on the structure or shall be freestanding, and shall not exceed three (3) square feet in area. The sign area for a plaque or historic marker shall not be figured in the allowable sign area for the building. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

7. SANDWICH BOARD SIGN : A sign structurally separate from a building and being supported on itself, usually on legs; a sandwich board sign shall be moveable and without permanent anchoring. Said sign shall have no more than six (6) square feet in area on each side of a two-dimensional double-faced sign, shall be constructed of materials intended for outdoor use and shall not impair visibility or ability to use any public way or public area. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

SPACING : The distance between the letters in a word, between individual words, and/or between lettering and any other components of a sign.

SPECIAL PERMIT GRANTING AUTHORITY : The Town of Ipswich Zoning Board of Appeals.

TEMPORARY SIGN : A sign which is intended for a limited period of display. A temporary sign may be erected for a period not to exceed the time frames listed in the following categories. A temporary sign that does not meet the following criteria shall be subject to the same requirements as for permanent signs.

1. Poster-type signs, construction signs, and real estate signs are considered temporary signs provided they meet the following necessary criteria:

a. Poster-type sign:

(1) may not occupy more than 15% of the window area and may not be attached to the exterior surface of the window.

(2) shall be related to use conducted or goods available on the premises.

(3)may not be used for more than twenty-one (21) consecutive calendar days.

b. Construction sign:

(1) identifies parties involved in construction on the same premises only

(2) shall not contain advertising

(3) shall not be utilized for more than one (1) year, or for the duration of work on the lot, whichever is longer

(4) shall not exceed twenty (20) square feet in area (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

(5)shall be removed promptly by contractor within fourteen (14) calendar days of the completion of work.

c. Real Estate sign:

(1) shall be related to sale, rental, or lease of same lot shall not be more than four (4) square feet in area.

(2) shall be removed within seven (7) calendar days after sale, rental, or lease.

2. Any banner sign shall be considered a temporary sign provided it meets the following criteria:

a. A banner sign intended to advertise a business establishment prior to permanent signing:

(1) shall be erected for a maximum of thirty (30) calendar days

(2) shall be no larger than twenty (20) square feet in area per business

(3)shall be attached to the building.

b. A banner sign intended to advertise a special event:

(1) shall be no greater than seventy-five (75) square feet in area if placed across a public street (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98); otherwise, shall be no greater than twenty (20) square feet in area

(2) shall be erected for a maximum of sixty (60) calendar days, and

(3)shall be removed within three (3) calendar days after the event is over.

3. A sandwich board sign shall be considered a temporary sign provided that it meets the following criteria:

a. the sign is intended to advertise a special event or seasonal product

b. it shall be erected for a maximum of thirty (30) calendar days within any twelve-month period.

WALL SIGN : Any sign painted on or affixed to a building wall is a wall sign. Wall signs consist of two basic categories:

1 .Directly applied: painted or three-dimensional letters applied directly to a building surface.

2.Independent Wall Sign: painted, incised or three-dimensional letters affixed to a sign board which is then attached to a building surface.

WINDOW SIGN : Any temporary or permanent sign affixed to the surface of the glass of any part of any building. Window sign(s) shall not occupy, in total, more than fifteen percent (15%) of the glass area and may not be attached to the exterior surface of the glass. Any interior sign which is within three feet (3') of the window glass and which is visible from the outside of the building shall be considered a window sign even though it may not be affixed directly to the glass. Window displays of actual products or merchandise for sale or rent on the business premises shall not be considered window signs.



D. Sign Requirements per Zoning District

No sign shall be permitted except that which meets the following requirements:

1 .In Rural Residence A, B, C; Intown Residence; and Highway Business Districts, signs for residential uses, except street numbers and names of occupants, may not be illuminated. The following signs are permitted: (Amended by 10/18/93 Special Town Meeting; approved by 2/3/94 Attorney General)

a. one sign displaying the street number and name or names of the occupants of the premises, not exceeding two (2) square feet in area;

b. one sign not exceeding two (2) square feet in area limited to the identification of a permitted home occupation;



c. one real estate sign;

d. one construction sign;

e. one historic plaque or marker; and/or

f. one free-standing sign per main entrance of any subdivision or multi-family development, which shall not exceed twelve (12) square feet in area. The top of the sign shall be no higher than four (4) feet above grade, the sign shall be no closer than five (5) feet to the edge of street pavement, and the sign shall not impair visibility or ability to use any public way or area. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

2.In Rural Residence A, B, and C and in Intown Residence Districts, the following signs shall be allowed for non-conforming business uses, and for religious, educational, public, philanthropic or agricultural uses:

a. all signs listed in D. 1. a through f;

b. one temporary banner sign;

c. one wall sign, which shall be no greater than twenty (20) square feet (or the size of the existing sign), whichever is smaller;

d. one temporary sandwich board sign by special permit.

3.In Highway Business and Planned Commercial Districts, the following signs are permitted: (Amended by1 0/20/03 Special Town Meeting, approved by Attorney General 1/22/04)

a. all signs listed in D. 1. a through f;

b. one banner sign;

c. one wall sign which shall be no greater than thirty (30) square feet per business;

d. one free-standing directory sign for lots with two (2) or more businesses and for all uses in common ownership. Said sign shall be no greater than fifty (50) square feet in total area, with each business having a maximum of eight (8) square feet in area, and which may include up to twenty (20) square feet for the name and/or address of the business complex. For lots containing a single business use, one free standing sign of twenty (20) square feet in total area shall be allowed. Said sign(s) shall not be located within five (5) feet of the edge of street pavement, shall have a clearance of four feet (4') above grade to the bottom of the sign, and shall not impair visibility or ability to use any public way or area; (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

e. Off-premises, free-standing signs, each of which shall not be more than twenty (20) square feet in area may be permitted by special permit;

f. One sandwich board sign which shall be located no closer than fifty feet (50') to the street line;

g. Window sign(s);

h. Awning sign(s).

4.In the Central Business and General Business Districts, the following signs are permitted for business and industrial uses: (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

a. All signs allowed in D. 1, a through f;

b. One hanging sign per business. Any such sign shall not exceed eight (8) square feet in area and shall not have a projection greater than five feet (5) from the building or two-thirds of the width of the sidewalk, whichever is less. Each sign shall also have required clearance (see diagram #4);

c. One wall sign which shall be no greater than twenty (20) square feet per business;

d. One banner sign. Any such banner sign shall meet the projection and clearance requirements for hanging signs if projecting from the building;

e. window signs;

f. One sandwich board sign.

5.In all Limited Industrial (LI) and all Industrial Districts, except those found in the center of Ipswich, the following signs are permitted:

a. all signs found in Paragraph #3, with the exception that wall signs shall be no greater than twenty (20) square feet in area.

6. In all districts the following additional signs are permitted:

a. any free-standing sign, not exceeding four (4) square feet in area, identifying an exit, an entrance, and/or a parking area situated at or near each entrance, provided that no portion of the sign shall be greater than three feet (3) above grade; and

b. one sign attached to the building wall, not exceeding four (4) square feet in area, at the rear of a building, for the sole purpose of facilitating deliveries, entrance by the public from a rear parking lot, or directional or warning signs pertaining to traffic or parking directions.

7. In no event shall the total area of all allowed signs, as described in Subsections D.2., D.3., D.4., and D.5. above, exceed twenty percent (20%) of the total first floor building facade area of each business or allowed use. The first floor building facade area shall be calculated by multiplying the lineal frontage of a building or storefront by its total first floor or entrance level height (see diagram #5).

8. Signs proposed in conjunction with a development requiring site plan approval or Planning Board special permit may, by Planning Board special permit, be increased in size and number from the requirements of this subsection D., as follows: (a) permitted uses in the non-residential districts that contain only one use in a building may be allowed up to two wall signs, provided that the total square footage does not exceed what is otherwise permitted by more than twenty-five (25%) percent; (b) in no event may the allowable maximum sign sizes be increased by more than fifty (50%). (Added by 10/17/05 STM; approved by Attorney General 12/12/05) (Amended by 10/15/07 STM; approved by Attorney General 1/23/08)

E. Non-conformance of Signs

Any sign legally erected before the adoption of this bylaw, which does not conform to the provisions of this bylaw, may continue to be maintained without a permit provided that any such sign shall conform to the provisions thereof if, after the adoption of the bylaw, it is enlarged, altered, replaced, changed, or relocated. Any exemption provided for in this section of the bylaw shall terminate with respect to any sign which:

1 .Advertises a permitted use which has been discontinued; or

2.Advertises or calls attention to any product, business, or activity which is no longer sold or carried on, whether generally or on the premises.