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TOR-2008-4 ARTICLE XIII GOVERNING SIGNS ��-�oa8 � ���i�� �. _.__ __�_ Cho ` __ ___ 1 _ . __ CL16 OL ce- C_Q T - a, TOR-J8-4 co- — AN ORDINANCE AMENDING ARTICLE XIII OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article XIII of the Code of the Town of Agawam governs Signs and it was written in 1977, and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions; WHEREAS, it is in the best interests of the Town-of Agawam to update and amend the Sign Ordinances-, and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article XIII and Chapter 180 of the Code of the Town of Agawam.- 1 Article XIII entitled "Signs" is hereoV amended to read as follows: ARTICLE X111 SIGNS § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the. conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which thpy are displayed and any cutouts or extensions. z 01 T% �) !�tvr,;r B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. D. In computing the area of a sign, one side of a back-to-back sign shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed -and designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support-, such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions, STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet `Lhe purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period no, exceeding one hundred eighty (180) days for agricultural purposes and sixty 60) days for any other purpose. WALL SIG N —A sig n fastened or aff ixed parallel to a nd with in 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notetion as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An appfication for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permi�s shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, -M-115A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign, If th,3 owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. § 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by the Inspector of Buildings or his designee. B. Illumination. Except as otherwise prohiLited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the brightness of the sign face does not exceed 100 lumens per square foot. Except for neon-type signs, where permitted, such 'illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic, Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs. C. Placement of signs. The Inspector of Buildings or his designee may impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A. One sign displaying the street number and/or name 6f the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory professional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones ard their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment, J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. B. Standing signs are permitted subject to the following conditions: (1) Standing signs are not to exceed twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted. When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart. 130-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85, § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize thu erection of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees for the erection, use and maintenance of each non-accessory sign, kiosk or directory. The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and 8 of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action cn account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicont-owner or by agents or employees of the foregoing or by accident or Dtherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-owner, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Cuuncil. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building; however, this provision shall not apply to street name signs or to signs or uevices erected by the town, county or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited. C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, 'in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temp-orary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed twelve (12) square feet in area, and may be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. - A property owner or business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition. continuously until forty-eight hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision, § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be .considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, -setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall cunform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article. In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President EL,/ -U U APPROVED AS TO FORM AND LEGALITY L!A 7 \. Christopher C. Joh s n, City Solicitor MAYORAL ACTION Received this d ay o f A N )IYYW—� 2008 frorri Town Council Clerk. I-- SI-Pled by Council President this T*- — dayof APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby a I ve the passage of the above legislatioti on this day of ) P, C 2008, Susan R. Dawson, Mayor DISAPPROVAL OF LEGISLATION By the powers vested I'll 111C pl-irsuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto [he passage of the above legislation oil this day of 2008 for the following reasori(s): SLISall R. Dawson, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK RetUrned to Council Clerk this 04��--dayof (�M-)MTWJ2008. August 17, 2008 Dear Barbara, I am a life-long resident of Agawam. I arn writing reguarding two tag sale issues. 1. Restricting the use of tag sale signs. 2. Limiting the number of tag sales to six per year. The new tag sale rule does not allow us to display our signs at the end of our road. Without these signs, we have very few customers. Advertising in the paper is $19 per tag sale. I have made less than this amount at each tag sale I have had without signs at the end of the road. We really need signs up on the end of the road to attract customers. I understand you are tying to maintain a certain apperance of the town, but, I have frequently seen couches, chairs and various ftu-niture left on the tree belt for months at a time. It might be more beneficial to concentrate your efforts on clearing this trash versus a few tag sale signs. I am disappointed to learn that there is a new position using thousands of our tax dollars to remove tag sale signs. I would also like to comment on limiting the number of tag sale days to six. If the weather is poor on any of our planned days, we lose those days. I would really appreciate a few extra tag sale days per year. At 90 years old, this is my favorite hobby. I truly enjoy having tag sales. Please don't limit this. I am not just speaking for myself but also for the many other people who have tag sales. We have all been hurt by taking away the tag sale signs. It would be greatly appreciated by all of us if you could allow us to display our free-standing signs at the end of the the street. We are very carefull to take them down at the end of the day. Thank-you for your time and consideration. Sincerely, A resident of Agawam LO [Z 03J 1. Dec. 1, 2008 To: Town Clerk Council Clerk Inspector of Buildings Director of Planning Solictor From: Mayor's Office RE: TOR-2008-4 SIGN ORDINANCE Kindly replace page 3 of subject with the attached sheet. Paragraph C has been corrected to include the proper references to the Code. Thank you. Linda Mercadante Executive Assistant to the Mayor 9E --b d 1 - 030 001 WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the waif of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. t § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-16 and 180-16.1. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign. If the owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. Agawam Law Department Memo ' To: Agawam Town Council From: Christopher C. Johnson, Esq. CC: Susan R. Dawson, Mayor Date: July 31, 2008 Re: TOR-08-4 - Revised Sign Ordinance The following are the major changes to the revised sign ordinance: 1. change name of enforcement official from "sign officer" to "Inspector of Buildings or his designee"; 2. change in requirement that all signs in setback area be at least ten feet high to giving Inspector of Buildirgs discretion to allow lower sign (see §180-79 B(3)); 3. add provision allowing temporary signs for up to 60 days per calendar year with permit from Inspector of Buildings - permit fee = $25.00 and Inspector of Buildings has discretion to issue or deny permit application to prevent over abundance of signs (see §180-84A); 4. link enforcement of sign ordinance to new enforcement provisions proposed in TOR-08-3 (see §180-76C); 1 5. increase size of occupant signage on shopping plaza signs from 8 square feet to 16 square feet (see §180-F,6E); and 6. many updates to language of ordinance to achieve internal consistency. Please do not hesitate to contact me with any questions. Very truly yours, N13ohnson Chri-;topher Johnson I�Oz b V I I Inr 9001 'YW IWIMIVIV 1 �� Pja -' a cc Uea - 1(c �en TOR-084 AN ORDINANCE AMENDING ARTICLE X1111 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article X111 of the Code of the Town of Agawam governs Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions, WHEREAS, it is in the best interests of the Town of Agawam to update and amend the Sign Ordinances; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article X111 and Chapter 180 of the Code of the Town of Agawam: 1 Article XIII entitled "Signs" is hereby amended to read as follows: ARTICLE X111 SIGNS § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working rind accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wali or window shall be considered to be that of the 'smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. D. In computing the area of the signs, both sides of v-shaped signs, but only one side of back-to-back signs, shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. J OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed and designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support, such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions. STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet the purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on 3r.y premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbai notice to the owner of the sign. If the owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. § 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by the Inspector of Buildings or his designee. B. Illumination. Except as otherwise prohibited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the brightness of the sign face does riot exceed 100 lumens. per square foot. Except for neon-type signs, where per-mitted, such illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs. C. Placement of signs. The Inspector of Buildings or his designee may impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit-, A. One sign displaying the street number and/or name of the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory prcfessional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D, Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H, Window signs. For residential zones and their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J, Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. B. Standing signs are permitted subject to the following conditions: (1) Standing signs are not to excepd twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted. When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart, § 180-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85. § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize the erect ion of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees for the erection, use and maintenance of each non-accessory sign, kiosk or directory, The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized Linder Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-ow.ier, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Council. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building, however, this provision shall not apply to street name signs or to signs or devices erected by the town, county or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited. C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76, The fee for said permit shall be twenty-five ($25.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed thirty two square feet in area, and may be maintained for a period not exceeding one hundred eighty (130) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. A property owner or business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition, continuously until forty-eight hours after the close of the polls of the final election, Candidates eliminated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shull be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision. § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: A. Theaters. The -marquee of a theater as defined in G.L. c. 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers, For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article, In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY cwk*)Z;;� Christopher C. J V on, City Solicitor TOR-08-4 AN ORDINANCE AMENDING ARTICLE X111 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article X111 of the Code of the Town of Agawam governs Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions; WHEREAS, it is in the best interests of the Town of Agawam to update and amend the Sign Ordinances; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article X111 and Chapter 180 of the Code of the Town of Agawam: 1. Article XIII entitled "Signs" is hereby amended to read as follows: ARTICLE XIII SIGNS § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the 'largest vertical cross section of that object. D. In computing the area of the signs, both sides of v-shaped signs, but only one side of back-to-back signs, shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article.' INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed arid designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support; such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions, STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet the purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period noi exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of BUildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C, Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense, In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign. If th-- 'owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by the Inspector of Buildings or his designee. B. Illumination. Except as otherwise prohibited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the brightness of the sign face does not exceed 100 lumens per square foot. Except for neon-type signs, where p3rmifted, such illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs. C. Placement of signs. The Inspector of Buildings or his designee may impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A. One sign displaying the street number and/or name of the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory professional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not 'exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones ard their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows-, A. Wall signs not to exceed twenty-five (251A) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. B. Standing signs are permitted subject to the following conditions: (1) Standing signs are not to exceed twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted. When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart. § 180-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85. § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize the erection of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees for the erection, use and maintenance of each non-accessory sign, kiosk or directory. The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event' any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-owner, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Council. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building; however, this provision shall not apply to street name signs or to signs or devices erected by the town, county or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited. C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82, any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. The fee for said permit shall be fifty ($50.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed thirty two square feet in area, and may be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. A property owner o.�- business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior m a primary election and maintained, in good condition, continuously until forty-eight hours after the close of the polls of the final election. Candidates el:minated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision. § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows-, A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the-Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article. In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY C V, �� Christopher C. J 10 son, City Solicitor D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. The fee for said permit shall be twenty-five ($25.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed twelve (12) square feet in area, and may be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. A property owner or business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition, continuously until foity-eight hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within fcrty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision. § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 October 3, 2008 Gina M. Letellier, President Cecilia Calabrese, Vice President Paul Cavallo, Councilor George Bitzas, Councilor Jill Messick, Councilor Joseph- Mineo, Councilor Dennis Perry, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor jjR Jill Simpson, Councilor Robert M. Young , Councilor >-CDP 7r' Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on October 2, 2008, the Agawam Planning Board voted three (3) in favor and zero (6) opposed to send a positive recommendation to the Town Council regarding TOR-08-4 an ordinance amending Article XIII of the Code of the Town of Agawam Governing Signs including the amendments proposed by the City Solicitor at the October I" subcommittee meeting. If you have any questions concerning the Planning Board's vote, please do hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, hairman Agawam Planning Board cc: Clerk, Mayor, Solicitor, Board of Appeals, Building, File INTEROFFICE MEMORANDUM TO: CHRIS JOHNSON, CITY SOLICITOR FROM: DONALD M. RHEAULT, CHAIR OF ORDINANCE COMM. SUBJECT: TOR-2008-4 (SIGN ORDINANCE) DATE: 11/10/2008 Attached are suggestions from School Committee member Jay Cameron, some of which will be discussed in tonight's Zoning & Ordinance Sub-Committee meeting. It is my hope that you could provide a legal opinion to the four questions listed on his proposal. I am not sure if you were planning on attending this evening's meeting but, if at all possible, I would deeply appreciate your reply on the attached. Thank you for your response. Proposed Zoning Amendment Sign Ordinance Article XIH Questions 1- Would a"NON-ACCESSORY SIGN" [ref §180-75] include blood drive v-shaped signs belonging to Mercy Hospital or the Red Cross? 2. Would a"TEMPORARY""WINDOW SIGN" [ref§180-751 include "Go Red Sox"-or"Go Patriots", or would these be prohibited as a"NON-ACCESSORY SIGN" [ref. §I 80-82A]? Would it also include"Happy Birthday"or "Welcome Home from Iraq"? 3. Would a"TEMPORARY SIGN" [ref. §180-75] include an "INSTRUCTIONAL SIGN" [Tef §180'751? 4. in §I 80-78C, what is the definition of an "identification sign" (an accessory .sign?) and an "entrance marker" (an instructional sign?)? i 90 and; Man" &,jL'y Lj� 4:00 a&DO W Ino Am Ejoj AM wil' MV -.a 70� W'_W4L1_q, =Aj ­7 ey 4 rz� f VIA" j�I j "'Ala k I;, ".r.7 Mi. WL7 at -MEN— qft�SA.4, ,'In 6 A C'c) IU G CZ E /I—TIC,.;UoqL AGAWOM -q,tt -lazi4tilt '�fflvilll t "'Illiq 4%t I OOW OFT iiT--' ft, .1a K L.W91.14i T'Inwi POORW =Mam E 9 R D AE tz p Jp_ t4- 1­4 . ...... 4 RAP 51- 04 WW" 3 O:al . Proposed Zoning Amendment Sign Ordinance Article X111 Possible Sugpestions , 1. Revise §180-75 "NON-ACCESSORY SIGN" to indicate that signs for public or non-profit purposes, such as blood drives and the'like;,are not included. 2. Revise §180-75 "TEMPORARY SIGN" to limit the 60-day provision to business or industrial, but not public or non-profit, purposes. 3. Revise the accessory sign requirement in §180-7 8A for churches, synagogues or institutional building complexes. 4. Revise §I 80-78A to not include window sips [ref§I 80-78HI. 5. Revise §I 80-78C to permit (2) instructional signs per entrance. 6. Revise §I 80-78C back to the 20 square feet provision. 7. Revise §I 80-78H from the (2) square feet provision to 25% of the window glass area, which is half of that permitted for business and industrial districts), Note that (2) square feet is only(3) sheets of paper or just over(1) newspaper page, 8. Add §I 8OL78K to indicate that, for residence districts, the ordinance only applies to a buffer zone of(10) feet within the property line. 9. Revise §180-84 to include one or more of the following: a. Revise §I 80-84A to allow temporary signs for public or non-profit purposes without fee or permit. b. Add §1 80-84C to exempt from the ordinance temporary signs for public or non-profit purposes. c. Clarify that the temporary permit is limited to (1)per year per specific . purpos . d. Move §1 80-84A to §180-79 to apply only to business and industrial districts. TOR-08-4 AN ORDINANCE AMENDING ARTICLE XIII OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article XIII of the Code of the Town of Agawam governs, Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to .update their provisions; WHEREAS, it is in the best 'interests of the Town of Agawam to update and amend the Sign Ordinances; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following' changes be made to Article X111 and Chapter 180 of the Code of the Town of Agawam: 1 Article XIII entitled "Signs" is hereby amended to read as follows: ARTICLE XIII SIGNIS § 180-75. Purpose and definitions. The purpose of this section is to provide foc the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on- which the sign is erected or maintained bir �the— business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face. of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. WALL SIGN A sign fastened or affixed parallel to and. within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A, Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. 'Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each.sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-7 , no sign shall be erecte' d, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to arty part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of"fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and -fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the ? Inspector of Buildings or his designee shall have the authority to remove any sign from municipa�l or public property with 'twenty-four hours advance verbal notice to the owner of the sign. If the owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. rZ 17 - ) I ., t C C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not exceed Rentt f quare feet 'in area, provided that there shall be no more than three sign for e ch church, synagogue or institutional building complex. 12-q D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not-to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones and their accessory use, window signs as defined herein, provided that a regate area-of such signs shall not e ro �T h to exceed wo square feet in area h�etot t -rl shall not excee 0 c c I are fee or eac occupancy or establishment. j �J I. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establis.hments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly. chartered historical association or the like, not to exceed six square feet in area. -4- ve e S 0( �_,eyo_)c� Xr_0 e-e e- § 180-�b. Bu.siness; and indu�strial'dlistricts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. 7 B.- Standing signs are permitted subject to the following conditions.- (1) Standing signs are not to exceed twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the rooffine of the building are prohibited. demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which @rise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to. save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks, or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section" shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-ow.ier, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmle'ss indemnification agreement in compliance with this section prior to final authorization by the Town Council. § 180-83. Prohibitions. A. Overhanging signs. No overhangii- g signs shall be permitted unless part of a cantilever of a principal building; however, this provision shall -not apply to s6eet name signs or to sig"ns or devices erected by the town, county 'or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited, C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §18Q-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. A. Theaters. The marquee of a theater as defined in G.L. c� 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be e'rected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may b6 issued'a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting fo�h facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a Common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article. In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits.in general. § 180-98. Severability. The invalidity of any section or provisi on of this Article'for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. AGAWAM CITY COUNCIL 36 MAIN STREET `TS 01001 AGAWAM, MASSACHUSET ca 7_7 �z SUB—COMMITTEE MEETING NOTICE cl., To: ZONING ORDINANCE VIP Chair—Jill Messick Chair— Donald Rheault �p PRESIDENT George Bitzas Paul Cavallo Gina M. Letellier Robert Rossi Cecilia Calabrese cr, VICE PRESIDENT Cecilia Calabrese Date: November 7, 2008 COUNCILORS PLEASE BE ADVISED THAT THERE WILL BE A JOINT George Bilzas ZONING & ORDINANCE SUB-COMMITTEE MEETING, ON Paul C. Cavallo MONDAY, NOVEMBER 10, 2008, AT 7:00 pm, CAFETERIA AT Jill S. Messick THE AGAWAM MIDDLE SCHOOL, 68 MAIN STREET, Joseph Mineo AGAWAM, MA. Dennis J Perry Donald M Rheault AGENDA Robert E, Rossi Jill P. Simpson I TOR-2008-4 - An Ordinance Amending Article X111 of the Code of Robert M Young the Town of Agawam Governing Signs(Mayor) (1/3)(Referred jointly COUNCIL CLERK to the Zoning & Ordinance Committees) (Majority of those present Barbara A. Bard and voting) 2. TOR-2008-5 -An Ordinance Creating Article IV of Chapter 155 of the Code of the Town of Agawam Establishing a Permitting Authority and a Permit Fee for Trench Permits in the Town of Agawam Pursuant to M.G.L. Chapter 82A. (Mayor) (213 Majority of the Full Council or 8 votes) 3. Any other business that may legally come before the Committee, I S. Messick, Chair Donald M. Rheault, Chair Cc: Mayor, City Solicitor, Beautification Committee, Planning, John Stone— Superintendent of DPW, Jay Cameron TELEPHONE (413) 786-0400 Ext. 233 FAX (413) 786-9927 I own Olt Agawam 36 Main Sureet Au a wam, Manachusetts 01001-1.837 Tel. ,41.3-786-0400 Fax 413-786-9927 FAX COVER SHEET Fax Number (413) 786-9927 Date: 01-101a Originating Dept. TO: FROM: Number ofPagovs Including, Cover Sheet: COMMENTS: ,-T lCf--f kArA OW 0�- Msol /kWh, &4) F ionsar so-elj,,foriiiiiiiiciptilpitiposes. Any personal or political use prohibited by Ian,. Agawam Law Department Memo To: Agawam Town Council From: Christopher C. Johnson, Esq, CC: Susan R. Dawson, Mayor Date: October 2, 2008 Re: TOR-08-4 - Revised Sign Ordinance The following changes were made to TOR-08-4 pursuant to the discussion at the October 1, 2008 joint meeting of the Ordinance and Zoning Committees: I change sub-paragraph D of definition of AREA in §180-75 to clarify how to compute area of back-to-back signs; and 2. change allowed size of temporary sign in §180-84A from 32 square feet to 12 square feet. Please do not hesitate to contact me with any questions. Very truly yours, ristop1he . Johnson TOR-08-4 AN ORDINANCE AMENDING ARTICLE X111 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article XIII of the Code of the Town of Agawam governs Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions; WHEREAS, it is in the best interests of the Town,of Agawam to update and amend the Sign Ordinances, and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article XIII and Chapter 180 of the Code of the Town of Agawam: 1 Article XIII entitled "Signs" is hereby amended to read as follows: ARTICLE X111 SIGNS § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions, B. The area of a sign consisting of individual letters or symbols attache d to or painted on a surface, building, wall or window. shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. D. In computing the area of a sign, one side of a back-to-back sign shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed and designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support-, such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions. STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet the purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period no', exceeding one hundred 6ighty (180) days for agricultural purposes and sixty (60) days for any other purpose. WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his design'ee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article, An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign. If the owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. § 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by the Inspector of Buildings or his designee. B. Illumination. Except as otherwise prohibited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the brightness of the sign face does not exceed 100 lumens per square foot. Except for neon-type signs, where permitted, such illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs, C. Placement of signs. The Inspector of Buildings or his designee may.impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A. One sign displaying the street number and/or name of the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory professional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located, Such signs shall not exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones and their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. B. Standing signs are permitted subject to the following conditions: (1) Standing signs are not to exceed twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted. When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership- The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart. § 180-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not' be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85. § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize the erection of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees for the erection, use and maintenance of each non-accessory sign, kiosk or directory. The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-owner, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner. shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Cuuncil. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building; however, this provision shall not apply to street name signs or to signs or devices erected by the town, county or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited. C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council, No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. The fee for said permit shall be twenty-five ($25.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed twelve (12) square feet in area, and may be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. A property owner or business may receive only one permit for a temporary sign in any calendar.year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition, continuously until forty-eight hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision, § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition, § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows- A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to *identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article. In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY C,<79r Christopher C. Joh s n, City Solicitor A AGAWAM CITY COUNCIL 14 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL PRESIDENT Gina M. Letellier The Agawam City Council will hold a public hearing on Monday, VICE PRESIDENT October 6, 2008 at 7:30 P.M. at the Agawam Middle School, 68 Main Cecilia Calabrese Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam City Council on a proposed zoning COUNCILORS amendment to Chapter 180, Article XIII, of the Agawam Zoning George Bilzas Ordinance regarding governing signs. A copy of the proposal can be Paul C. Cavallo obtained from the Agawam Planning Office between the hours of Jill S. Messick 8:30am and 4:30pm in the Agawam Town Hall, 36 Main Street, Joseph Mineo Agawam, MA. Dennis J Per?y Donald M. Rheault Robert E. Rossi BY ORDER OF: Jill P. Simpson Robert M. Young Gina M. Letellier COUNCIL CLERK City Council President Barbara A. Bard TO BE ADVERTISED ON 9/25/08 AND 10/2/08 C-) 2:_ to C TELEPHONE (413) 786-0400&t. 233 FAX (413) 786-9927 1 t Agawam Law Department Memo ' To: Agawam Town Council From: Christopher C. Johnson, Esq. CC: Susan R. Dawson, Mayor Date: July 31, 2008 Re: TOR-08-4 - Revised Sign Ordinance The following are the major changes to the revised sign ordinance: 1. change name of enforcement official from "sign officer" to "Inspector of Buildings or his designee"; 2. change in requirement that all signs in setback area be at least ten feet high to giving Inspector of Buildirgs discretion to allow lower sign (see §180-79 B(3)); 3. add provision allowing temporary signs for up to 60 days per calendar year with permit from Inspector of Buildings - permit fee = $25.00 and Inspector of Buildings has discretion to 'issue or deny permit application to prevent over abundance of signs (see §180-84A); 4. link enforcement of sign ordinaice to new enforcement provisions proposed in TOR-08-3 (see §180-76C); 5. increase size of occupant signage on shopping plaza signs from 8 square feet to 16 square feet (see §180-&6E); and 6. many updates to language of ordinance to achieve internal consistency. Please do not hesitate to contact me with any questions. ZVery truly yours, :�q Chrii.;topher Johnson QZ �o v I E inr Boaz, "N MAY 7 TOR-08-4 AN ORDINANCE AMENDING ARTICLE XIII OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, Article XIII of the Code of the Town of Agawam governs Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions; WHEREAS, it is in the best 'interests of the Town of Agawam to update and amend the Sign Ordinances; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article X111 and Chapter 180 of the Code of the Town of Agawam: 1 Article XIII entitled "Signs" is-hereby amended to read as follows: ARTICLE XIII S I G N F § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wali or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. D, In computing the area of the signs, both sides of v-shaped signs, but only one side of back-to-back signs, shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. I OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not beincluded in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed and designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support-, such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions. STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet the purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on -any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article. An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of.Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the Inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign. If the owner of the sign cannot be reasonably determined, the Inspector of Buildings or his designee may consider the sign abandoned and may remove the sign forthwith. § 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the' Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by the Inspector of Buildings or his designee. B. Illumination. Except as otherwise prohibited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the brightness of the sign face does riot exceed 100 lumens per square foot. Except for neon-type signs, where permitted, such illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs. C. Placement of signs, The Inspector of Buildings or his designee may impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A. One sign displaying the street number and/or name of the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory� prcfessional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area, F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones and their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. 13, Standing signs are permitted subject to the following conditions: (1) Standing signs are not to excepd twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted. When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart. § 180-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85. § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize the erection of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees.for the erection, use and maintenance of each non-accessory sign, kiosk or directory. The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks. or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs, expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-owlier, and the applicant-owner shall immediately pay and reimburse the town, The applicant-owner shall take all precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Council. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building; however, this provision shall not apply to street name signs or to signs or devices erected by the town, county or commonwealth for the direction and control of traffic. B. Billboards as defined herein are prohibited, C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. The fee for said permit shall be twenty-five ($25.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed thirty two square feet in area, and may be maintained for a period not exceeding one hundred eighty f180) days for agricultural purposes and sixty (60) days for any other purpose, The Inspector of Buildings or his designee shall have the sole discretion in the 'issuance or denial of permits for temporary signs. A property owner or business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition, continuously until forty-eight hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision. § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee. Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions, One permanent subdivision name sign, not to exceed thirty two square feet 'in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article. In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. J V on, City Solicitor TOR-08-4 AN ORDINANCE AMENDING ARTICLE X III OF THE CODE OF THE TOWN OF AGAWAM GOVERNING SIGNS WHEREAS, -Article XIII of the Code of the Town of Agawam governs Signs and it was written in 1977; and WHEREAS, the Town is desirous of amending the Sign Ordinances to update their provisions; WHEREAS, it is in the best interests of the Town of Agawam to update and amend the Sign Ordinances; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following changes be made to Article X111 and Chapter 180 of the Code of the Town of Agawam: 1 Article XIII entitled "Signs" is hereby amended to read as follows: ARTICLE XIII SIGNS § 180-75. Purpose and definitions. The purpose "of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within the Town to the end that the appearance and amenities of the Town may be preserved and enhanced, without unduly restricting the conduct of lawful enterprise. For this purpose, the following terms shall have the meanings hereinafter ascribed to them: ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA A. Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the 'largest vertical cross section of that object. D. In computing the area of the signs, both sides of v-shaped signs, but only one side of back-to-back signs, shall be counted. BILLBOARD — Any Non-Accessory sign greater in face area than 40 square feet. COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like, erected on premises for the direction of persons or vehicles. NON-ACCESSORY SIGN — Any sign that advertises for persons or businesses not occupying the premises on which the sign is erected or maintained. OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition. PERSONS — Includes an individual, corporation, society, association, partnership, trust or other legal entity, public or private. REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the premises on which it is maintained. SIGN — Any device, surface or framework on which words, symbols or other designs are inscribed or displayed and designed to call attention thereto, including flags, banners and the like. STANDING SIGN — A sign standing or hanging free on its own support; such support may be attached to a building or fixed in or to the ground. "Standing signs" may have two faces or sides showing in opposite directions. STRUCTURE — The supports, uprights, bracing and framework of a sign. Any color applied to the "structure" shall meet the purposes of this Article. TEMPORARY SIGN — Any Accessory Sign, including its supporting structure, intended to be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the wall of a building. WINDOW SIGN — A sign painted or placed on the inside or outside -of a window. § 180-76. Administration and enforcement; violations and penalties. A. Enforcement. The Inspector of Buildings or his designee is hereby authorized to enforce this Article. The Inspector of Buildings or his designee shall keep a current list of permitted signs as a public record. Annually, prior to April 15, the Inspector of Buildings or his designee shall submit to the Outdoor Advertising Board a list of any billboards which do not meet the specifications of this authority, together with a notation as to wherein each sign does not comply. The Inspector of Buildings or his designee is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this Article. Whenever there is a change in the position of Inspector of Buildings, the new person shall send their name and address to the Outdoor Advertising Board. B. Permits and fees. (1) Except as provided in § 180-78, no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Inspector of Buildings or his designee. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Article, An application for a sign permit under this Article shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, the location of the sign and such plans, drawings and specifications as the Inspector of Buildings or his designee may require for the structure. (2) A schedule of fees for such permits shall be determined from time to time by the Town Council. C. Whoever violates any provisions of this Article or any lawful order of the inspector of Buildings or his designee shall be subject to enforcement and fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such violation continues shall constitute a separate offense. In addition, the Inspector of Buildings or his designee shall have the authority to remove any sign from municipal or public property with twenty-four hours advance verbal notice to the owner of the sign. If the 'owner of the sign cannot be reasonably determined, the Inspector of Buildings or his -designee may consider the sign abandoned and may remove the sign forthwith. 180-77. General specifications. A. Energy shortages. In the event of any energy shortage, the Council is authorized in its discretion to order that all signs in the Town. consuming electric, gas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council designates. Non-conformance with the Council's order would be sufficient evidence for the Inspector of Buildings or his designee to revoke the permit for said sign. Forty-eight hours' notice shall be given to the owner of such sign prior to any action taken by-the Inspector of Buildings or his designee. B. 'Illumination. Except as otherwise prohibited herein, signs may be illuminated by any fixed light source, of such nature and in such manner that the .brightness of the sign face does not exceed 100 lumens per square foot, Except for neon-type signs, where permitted, such illumination shall be so arranged that its source is not directly visible from any way or occupied building, and no illumination shall be of any color that might be confusing to traffic. Christmas lights shall not be deemed as coming within the provisions of this subsection, but this subsection shall apply to window signs. C. Placement of signs. The Inspector of Buildings or his designee may impose reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent ways, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A. One sign displaying the street number and/or name of the occupant of the premises, not exceeding two square feet in area. Such signs may include identification of any accessory professional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A, D, E and H, the total number of signs per lot shall not exceed two. B. Real Estate Signs pertaining to the lease, sale or use of a lot or building, provided that such signs do not exceed a total of six square feet of area. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One bulletin or announcement board,- identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue or educational institution or a governmental authority is located. Such signs shall not exceed twenty square feet in area, provided that there shall be no more than three signs for each church, synagogue or institutional building complex. D. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. E. Signs offering accommodations for guests, not to exceed two square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet in area. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones and their accessory use, window signs as defined herein, provided that the aggregate area of such signs shall not exceed two square feet in area. The total of all such signs shall not exceed two square feet for each occupancy or establishment. I. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed two square feet in area for each occupancy or establishment. J. Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six square feet in area. § 180-79. Business and industrial districts. In an area zoned as a business or industrial district, each place of business may be issued a permit for a sign or signs as follows: A. Wall signs not to exceed twenty-five (251/o) percent of the area of the front and rear walls and ten (10%) percent of each secondary side of a building are permitted. B. Standing signs are permitted subject to the following conditions. (1) Standing signs are not to exceed twenty-five (25%) percent of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees, cornices, awnings and projections are permitted. Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roofline of the building are prohibited. (3) Signs located within the setback area shall not be located within ten (10) feet of grade, without advance written permission of the Inspector of Buildings or his designee, not including instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty (50%) .percent of the area of the window glass. § 180-80. Agricultural Districts. In Agricultural Districts, a permit for two signs not to exceed thirty two square feet per sign in area may be granted to identify an accessory use permitted, When the agricultural zone does not abut a street, the signs allowed under this section may be located on street front property contiguous to the agriculturally zoned land, provided that the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred feet apart. § 180-81. Existing signs. Any signs, except billboards, in existence at the time of the initial adoption of this Article on September 12, 1977 shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-85. § 180-82. Non-Accessory signs. A. The erection or continued maintenance of private non-accessory signs is not permitted. B. The Town Council may authorize the erection of non-accessory signs, kiosks or directories on public property for direction purposes. Following a public hearing, the Council shall stipulate specifications, conditions, locations and fees for the erection, use and maintenance of each non-accessory sign, kiosk or directory. The Council may set the number of signs, kiosks or directories and the location thereof, but in no event shall the number of signs, kiosks or directories exceed six in number for any one entity, business, corporation or address. C. Indemnification and liability. (1) The applicant-owner authorized by the Town Council to erect and/or retain a non-accessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam, its officers, directors, employees, board members, elected and appointed officials and agents from and against all liability, claims, demands, damages, costs, expenses, attorney's fees, judgments, losses and all causes of action on account of personal injuries, property damage or loss, nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of, pertaining to or relative to the authorization, erection, placement, construction, design, location, color, maintenance, repair, removal, destruction, vandalism, theft and accuracy of the signs, kiosks or directories under this section. The applicant-owner shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs, kiosks or directories, regardless of whether said injury, loss, damage, claim, costs, expenses, attorney's fees, judgments or losses shall have been caused by, or claimed to have been caused by, the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event' any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof, the costs,. expenses, attorney's fees, settlements and judgments therefrom, and, upon the failure to do so on notice from the Town of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses, attorney's fees, settlements and judgments thereto to the applicant-owner, and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all precautions necessary to protect the public against injury and damage, (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this section prior to final authorization by the Town Council. § 180-83. Prohibitions. A. Overhanging signs. No overhanging signs shall be permitted unless part of a cantilever of a principal building-, however, this provision shall not apply to street name signs or to s.igns or devices erected by the town, county or commonwealth for the direction and control of traffic, B. Billboards as defined herein are prohibited. C. Private signs on Town property are prohibited unless a permit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing in accordance with §180-82; any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revoked at any time by the Town Council. D. No signs shall contain, in the opinion of the Inspector of Buildings or his designee, a color or movement which is a violation of the purpose of this Article. § 180-84. Temporary signs and political signs. A. Temporary signs which do not comply with this Article may be allowed only after issuance of a permit in accordance with § 180-76. The fee for said permit shall be fifty ($50.00) dollars. Temporary signs which do not comply with this Article may be authorized by the Inspector of Buildings or his designee for public or non-profit purposes without fee. Temporary signs shall not exceed thirty two square feet in area, and may be maintained for a period not exceeding one hundred eighty (180) days for agricultural purposes and sixty (60) days for any other purpose. The Inspector of Buildings or his designee shall have the sole discretion in the issuance or denial of permits for temporary signs. A property owner or business may receive only one permit for a temporary sign in any calendar year. B. Political signs may be erected only on private property and with the landowner's permission. Political signs shall not exceed six square feet in area, may be erected fifteen days prior to a primary election and maintained, in good condition, continuously until forty-eight hours after the close of the polls of the final election, Candidates eliminated in the primary election shall have their signs removed within forty-eight hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight- hour limit as a responsibility of the property owner. A challenge to the official count shall not negate this provision. § 180-85. Maintenance. All signs, whether a permit is required or not, shall be maintained in a safe and legible condition to the satisfaction of the Inspector of Buildings or his designee, Failure to correct violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected without the need for a permit. It shall be a duty of the owner and/or their lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-86. Special cases. Notwithstanding the foregoing provisions of this article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: A. Theaters. . The marquee of a theater as defined in G.L. c. 143 shall be considered as comprising part of the wall area in determining the total sign area to be permitted. B. Subdivisions, One permanent subdivision name sign, not to exceed thirty two square feet in area, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon receiving approval of the definitive plan for the project. C. Contractors, developers. For each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty two square feet in area, setting forth facts and names pertinent to the project. Such signs shall be erected only upon receiving approval by the-Town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the provisions of this article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted, and no permit shall be required therefore, but they shall conform to the provisions of § 180-77B of this article. E. Where a building (or buildings in a common group such as a shopping center) contains three or more separate businesses (or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses, there shall be permitted one standing sign displaying the name of the building or group of buildings and not to exceed sixty four square feet plus sixteen square feet for the listing of each occupant or business. § 180-87. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this article, In granting any such permit, the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-88. Severability. The invalidity of any section or provision of this Article for the regulation of signs shall not invalidate any other section or provision hereof. § 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. J h son, City Solicitor Page I of I Barbara BB. Bard From: Rebecca Budreau [rbudreau@agawam.ma.us] Sent: Monday, June 30, 2008 9:22 AM To: 'Barbara Bard' Hi Barbara! The name of the woman is: Mrs. Mary Maloni 38 Royal Street 786-6580 Her complaint is that she's very upset regarding the Tag Sales in town. She claims that the code enforcer is taking down her signs and that it's not right. She has been informed that she needs to voice her concerns to the City Council. When you give her a call I'm sure she will go into much more detail. Thank you!! Rebecca Budreau Town of Agawam Mayor's Office 36 Main St Agawam, MA 01001 413-786-0400 X201 413-786-9927 (FAX) rbudreau@agawam.ma.us .A 6/30/2008 TOR-2008-2 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM, CHAPTER 180, SECTION 85 "TEMPORARY SIGNS91 WHEREAS,Chapter 180, Section 85(B),of the Cod of the Town f A wam, currently reads: The Zoning Enforcement Officer andlor his desi ee shall be r onsible for the enforcement of Chapter 180, Section 85(A) & (B). Th Poning En rce ent Officer shall have the authority to order the Owner or Poster of a ' n to rem ve any non-municipal, County or State signform municipalproper ' h' 2 _nwil, In urs. the Owner or Poster of a sign fails to mply or whose identity __0 b ie e er ined then the sign shall be considered aba ned and removed and ed o by the own. Verbal notification shall be sufficien ' comply wi this p isi n. WHEREAS, certain usinesses i the Town gawarn hav .ncu ed an undue burden with the restr ctions i osed by t is Sign Ordinance; and NOW THER FORE, t am City Council hereby resolved, ordains and amends the Code of the own of gawarn, Chapter 180, Section 85(B) by deleting the sentence "Verbal nolifica *on sha be sufficient to comply with this provision. " and by adding Section 85(D) to r d a follows: Temporary business signs may he erected during the hours of operation ofsaid business. Signs shall be removed at the close of business on a daily basis. Failure to comply shall result in confiscation of the sign by the Code Enforcement Officer. Thefirst violation again shall be confiscation of said sign; second violation - S50.00fine and confiscation of sign; third violation - $100.00fine and confiscation ofsign. Signs will be returned upon payment of monetaryfine. DATED this day of 2008. PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier,President APPROVED AS TO FORM AND LEGALITY Christopher Johnson, City Solicitor Page I of 1 Barbara Bard From. Jill Messick Dili.messick@comrast.net] Sent: Thursday, May 22, 2008 11:10 AM To: 'Cecilia Calabrese'; donald rheault Cc: Robert E. Rossi; George Bitzas; Barbara Bard; paul.cavallo@verizon.net; GINALET@aol.com Subject: Re: Minutes and proposals Hi, George and Bob- I went to the Ordinance sub-committee meeting on Tuesday night, and we worked out a revision to the Sign Ordinance that would allow some small businesses to have signs out during working hours. I have attached the Ordinance as we are proposing that it will look. I have listed the specific changes below. I have also sent this information to Chris Johnson under separate cover. -Jill Changes: In Chapter 180, Section 85(B), delete the sentence "Verbal notification shall be sufficient to comply with this provision." Add Section 85 (D) to read: Temporary business signs may be erected during the operation hours of said business. Signs shall be removed at the close of business daily. Failure to comply shall result in confiscation by the enforcement officer. 1st violation- confiscation, 2nd violation- $50.00 fine and confiscation, 3rd violation- $100.00 fine and confiscation. Signs will be returned upon payment of fine. -----Original Message ---- From: donald rheault To: 'Cecilia Calabrese' Cc:j ILI mes.sick@comcast.net ; QINALET@aol.com ; paul.cavallo@verizon.ne Sent: Thursday, May 22, 2008 10:16 AM Subject: Minutes and proposals Hello! Could I have your written minutes of our committee meeting so I can report at the next meeting to the Council what transpired? Committee reports are due next meeting. Also Jill, I believe you recorded the language of the Ordinance change for Six Flags. I'd like to include that as well. I spoke with Chris Johnson at the Six Flags affair and he will draft the official ORDINANCE change. I'd like to get it on the agenda ASAP. Thanks for your help. Don 5/22/2008 C-4 C-,P( nja (CA 9 /('1.( 0 I L_t_v(X_ 00- Ot L I't TOR-2006-A I V AN ORDINANCE AP4ENDING THE CODE OF THE TOWN OF AGAWAM, CHAPTER 0. �/ c) 180, SECTION 85 Whereas, Chaptci: 180, Section 85(A) currently reads: A. Temporary signs which do not comply with this Article shall be permitted. Before a temporary sign U7 (other than a temporary sign defined as a window sign U) C) or political sign) shall be erected, there shall be -< deposited with the Sign Officer the sum of twenty-five dollars ($25.) in cash foi- each sign. The l -efunded only upon the removal of (j J:' C%J deposit shall be i the sign within the time specified in the permit. p L" 1 1 Temporary signs which do not comply with this Article may be authorized by the Sign Officer for public or nonprofit purposes without deposit. These signs shall not exceed thirty-two (32) square feet in area. Whereas, There are numerous signs of every nature located upon municipal land; and Whereas, said signs may obstruct views at intersection and cause conditions detrimental to the public safety; and Whereas, the appearance of the City of Agawam is detrimentally affected by said signs. NOW THER-EFOPLE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the current Chapter ISO, SECTION 85(A) be deleted from Agawam Code and that Chapter 180, SECTJON 85 now read as follows: A. Political signs may be erected only on private property and with the landowner's Permission. Political signs shall not exceed six (6) square feet in area, may be erected fifteen (15) days prior to a 0. primary election and maintained, in good condition, continuously C9 C) C 4= until forty-eight (48) hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within fGay-eight (48) hours after the close of r-a ffrp the polls of the primary election. All such signs shall be removed wiffiln the for-ty-eight-hour limit as a responsibility of the propeily 5 >-C� owner, A challenge to the official count shall not negate this co� provision. A fine not to exceed fifty dollars ($50.) may be levied on the property owner for failure to comply with this section. B. The Zoning Enforcement Office and/or his designee shall be responsible for the enforcement of Chapter 180, Section 85(A) & (B). The Zoning enforcement Officer shall have the authority to order the Owner or Poster of a sign to remove any non Municipal, County or State sign from Municipal property within 24 hours. If the Owner or Poster of a sign fails to comply or whose identity cannot be determined then the sign shall be considered -abandoned and removed and disposed of by the Town, Verbal notification shall be sufficient to comply with this provision. C. Sign shall mean any non Municipal, County or State identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, structure or land in view of the general public, and which directs attention to a product, place, activity, person, institution or business. PER OR-DER OF THE AGAWAM CITY COUNCIL z1qVJS44X_ alc&lo(o JJ;-n'_a_]d M. Rheault, President Date AYP� 'VE S TO FORM AND LEGALITY A oc 'Vincent�Gioscia, Acting City Solicitor Date NAYOPAL ACTION Received this day of av�l-1-y- ' 2006 from Town Council Clerk. Signed by Council President this dayof CK`CQX�(—LL'�- 2006. APPROVAL OF LEGISLATIO By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as ame ded, I hereby approve the passage of the above legislation on this day of 2006. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2006 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK All) Retunied to Council Clerk this day of 2006. Town of Agawam T Inspection Services Department 7 Building Inspection Code Enforcement TED 1000 Suffield Street,Agawam, MA 01001 Telephone.- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati C)(� Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Oi� Sealer of Weights&Measures John C.Stone Enforcement Offiwr Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 John Molta Real Estate I ne. 21 Blair's Hill Road Agawam, MA 0 100 1 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter ISO, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I"offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati o cl Rol Code Enforcement Officer Inspector of Build&Ds VW -WYtAYDY CC: Mayor Susan R. Dawson j FAA Town of Agawam Inspection Services Department Building Inspection Code Enforcement 1000 Suffield Street,Agawam,MA 01001 ED Telephone- (413) 821-0632 Fax (413) 821-0637 Dorninic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer --------------L-- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 I"Nationwide Realty Inc. 553 Main Street West Springfield, MA 0 1089 Re: Real Estate Signs To Whom It May'Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter ISO, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be-removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads Ist offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, V Joh� e—" C. Sto ne Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam J, Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street,Agawam,MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bnsini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Ayre Real Estate Co. 701 Main Street Agawam, MA 01001 Re: Real Estate Signs To Whom It May Concem: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelf' area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I" offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense, If you should have any questions, please do hesitate to contact this office. Sincerely John C, Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam %b Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street, Agawam, NtA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Beltrandi & Co. Realtors Feeding Hills 385 Southampton Road Westfield, MA 0 1085 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs arc to be Placed on Town property. This would include the"treebelt" area, street comcrs or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I" offence and each subsequent offence-S50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, ka John C. Stone Dominic Urbinati Code Enforcement Officer fnspector of Buildings CC: Mayor Susan R. Dawson A Town of Agawam Inspection Services Department Building Inspection Code Enforcentent ED 1000 Suffield Street, Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector- --------------------- Scaler of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Benton Real Estate Company 418 Meadow Street Agawam, MA 0 100 1 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebeit" area, street comers or any other location which is not private property. Per Chapter 180, S.ection 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property.' cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I"offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C, Stone orninic Urbinatl Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson A Town ', of Agawam Inspection Services Department Building Inspection Code Enforcement 0 1000 Suffield Street,, Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Scaler of Weights&Measures John C.Stone Enforcernent Officer Code Enforcernent Officer ------------ ---- Robert Maloni Pluinbing Inspector Cross Connection Surveyor May 2, 2008 Breyer Carl Real Estate 545 School.Strect Agawam, MA 01001 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelt" area, street comers or any other location which is not private property, Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter, Per Chapter 180, Section 79-13, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by' -Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I" offence and each subsequent offence-S50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, 2 ""e. John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson F A," Town of Agawam Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street, Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 DomLinic Urbinati Richard Bosini Inspector of Bufldings Electrical inspector --------------------- Sealer of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Carlson GMAC Real Estate 688 Bliss Road Longmeadow, MA 01106 Re: Real Estate Signs To Whom It May Concern. This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this offic&will remove any signs that are found to be on Town property,within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal. ticketing which reads: I" offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson A Town of Agawam 0f Inspection Services Department Building Inspection Code Enforcement .1000 Suffield Street, Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyqr May 2, 2008 Century 21 A-1 Nolan Realty 776 Westfield Street West Springfield, MA 01089 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "tre6belt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-13, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental, If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—cri'minal ticketing which reads: I't offence and each subsequent offerice-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, --Y John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam Inspection Services Department Building Inspection Code Enforcentent ED 1000 Suffield Streetl Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector Scaler of Weights&Measures Enforcement Officer John C.Stone Code Enforcement Officer Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Century 21 Hometown Associates 5 North Westfield Street Feeding Hil Is, MA 0 103 0 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: Is' offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam Inspection Services Department Building Inspection Code Enforcement ATED 1000 Suffield Street, Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Majoni Plumbing Inspec.tor Cross Connection Surveyor May 2, 2008 Fazio Realty 200 Coyote Circle Feeding Hills, MA 0 1030 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "treebelt"area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: l"' offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone 4omini'c Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street, Agawarn, MA 01001 Telephone- (413) 821-.0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Grimaldi & Burzdak Real Estate 431 Springfield Street Agawam, MA 01001 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-13, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental, If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I" offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense, If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam Inspection Services Department Building Inspecti6n Code Enforcement TM 1000 Suffield Street,Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Scaler of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Keller Williams Realty 770 Main Street Agawam, MA 01001 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property, This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter ISO, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I't offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. ZSincerely, John C. Stone ominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson F A Town of Agawam , Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street, Agawam,MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati kichard Bosini Inspector of Buildings Electrical Inspector --------------------- Sealer of Weights&Measures Enforcement Officer John C.Stone Code Enforcement Officer Robert Maloni Plumbing Inspector tross Connection Surveyor May 2, 2008 Landmark Realtors 546 Springfield Street Feeding Hills, MA 0 1030 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-13, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: Is'offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, L '1ohn-C`- Stone< Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson A Town of Agawam Inspection Services Department Building Inspection Code Enforcement ED .1000 Suffield Street, Agawam, MA 01001 Teleolione- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector Scaler of Weights&Measures Enforcement Officer John C. Stone Code Enforcement Officer Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Marks Realty 389 North Loomis Street Southwick, MA 0 1077 Re: Real Estate Signs To Whom.It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I' offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone minic Urbinat) Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson F A Town of Agawam 01. Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street, Agawam,MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dorninic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Scaler of Weights&Measures Enforcement Officer John C. Stone Code Enforceinent Officer Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Park Square Realty 345 North Westfield Street Feeding Hills, MA 01030 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs.No signs are to be placed on Town property. This would include the"treebelf' area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I't offence and each subsequent offence-S50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson F A Town of Agawam Inspection Services Department Building Inspection Code Enforcement 1000 Suffield Street, Agawam, MA 01001 Telephone - (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector --------------------- Scaler of Weights&Measures John C.Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 ReMax Teamwork Commercial Division c/o Melissa Dane 310 North Main Street East Longmeadow, MA 0 102 8 Re. Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the "treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this' office will remove any signs that are found to be on Town property, within 24 HOURS of rereipt of this letter. Per Chapter 180, Section 79-B, signs can only be l6cated on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I"offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson A Town of Agawam . Inspection Services Department Building Inspection Code Enforcement 1000 Suffield Street, Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Dominic Urbinati Richard Basini Inspector of Buildings Electrical Inspector Scaler of Weights&Measures Enforcement Officer John C.Stone Code Enforcement Officer Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 Skye Mountain Realty Inc. 406 Britton Street Chicopee, MA 0 1020 Re. Real Estate Signs To Whom It May Concern: This letter 'is to remind your office that there are.Zoning by-Ldw regulations, with regards to signs. No signs are to be placed On Town property. This would include the"treebelt" area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town.property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: I" offence and each subsequent offence-$50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, John C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson FA Town of Agawam Inspection Services Department Building Inspection Code Enforcement ED 1000 Suffield Street,,Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Don-tirtic Urbinati Richard Bosini Inspector of Buildings Electrical Inspector Scaler of Weights&Measures John C. Stone Enforcement Officer Code Enforcement Officer ----------------- Robert Maloni Plumbing Inspector Cross Connection Surveyor May 2, 2008 William Raveis Real Est ate 36 Center Square East Longmeadow, MA 0 102 8 Re: Real Estate Signs To Whom It May Concern: This letter is to remind your office that there are Zoning by-Law regulations, with regards to signs. No signs are to be placed on Town property. This would include the"treebelf, area, street comers or any other location which is not private property. Per Chapter 180, Section 85-B this office will remove any signs that are found to be on Town property, within 24 HOURS of receipt of this letter. Per Chapter 180, Section 79-B, signs can only be located on private property, cannot be more than six (6) square feet in size and must be removed at the time of sale or rental. If this office finds that you are violating said by-Law you will be fined per Section 180-76C, non—criminal ticketing which reads: 1"offence and each subsequent offence-S50.00 Each day on which a violation exists shall constitute and be deemed a separate offense. If you should have any questions, please do hesitate to contact this office. Sincerely, ZJohn C. Stone Dominic Urbinati Code Enforcement Officer Inspector of Buildings CC: Mayor Susan R. Dawson