SECTION I -- PERMITS
12. PERMIT REQUIRED - In all districts, a permit issued by the Inspector of Buildings, is required for the erection of any sign, as defined in Section II, Regulations.
1. Name signs identifying the resident occupant of a dwelling or the name of the dwelling, or the name of a private way shall not require a permit or registration and shall not exceed two (2) square feet.
2. Business franchises shall be allowed signs by Special Permit by the Zoning Board of Appeals.
13. APPLICATION FOR PERMIT - Application for a permit for a permanent sign shall be accompanied by a sketch and/or photograph showing the material, design and size, type of lettering, colors and illumination, along with a plot plan showing all roads, ways, driveways, parking areas and buildings in the area where the sign shall be erected. The exact location for the sign shall be indicated on the plot plan. The fee for this permit shall be $20.00 per sign.
14. APPROVAL OF PERMIT - Upon receipt of an application for a sign, the Building Inspector shall review the application and then may issue a permit in accordance with this By-law. Application for a permit for a sign must be acted upon within thirty (30) days from receipt of the application.
SECTION II - REGULATIONS
A. PERMANENT SIGN - Permanent signs shall mean all advertising devices or insignia, whether lettered or not, free-standing or attached to a structure, designed to promote a business, the sale of a product or a service. Signs must be supported by a frame or post erected for that purpose, and such support structures shall be included in the overall size of the sign. Free-standing sign area shall include any and all accessory or supplementary signs such as ‘open’, ‘closed’, ‘vacancy’, ‘no vacancy’, credit card names, and endorsement names.
Permanent signs identifying a home occupation shall be limited to not more than one double-faced sign. All signs shall pertain to the resident occupant’s business or profession and must be on the resident occupant’s property.
B. WINDOW SIGNS -- signs visible from a public way that are located in, on and immediately behind windows, including, but not limited to product advertising signs. Beginning May 1, 2001, window signs will be considered signage and count against the total square footage permitted within a given district.
C. BUSINESS UNIT -- A separately owned and operated business.
D. STREET SIGNS2 -- Street name signs shall be placed in a position that is clearly visible from the intersecting street and in a position that will not interfere with traffic. A similar sign to identify such ways as private may accompany a street name sign.
E. LADDER SIGNS -- Ladder signs at street intersections listing names of residents of the street are allowed provided a permit is granted by the Building Inspector under the procedures in Section I. Such signs must be supported by a frame or post. Regardless of the number of names on the sign, the sign shall be considered as one sign for purposes of fees. Ladder signs shall comply with the size regulations for the zoning district in which the sign is erected.
F. NON COMMERCIAL TEMPORARY SIGNS AND BANNERS -- Non commercial temporary signs and banners advertising coming public events of a civic, philanthropic, educational, charitable or religious nature, or events of a profit making nature that use a temporary site for a maximum of a three (3) day period in any one calendar year, are allowed with the provisions:
1. The organization or individual must register with the Building Department.
2. The organization or individual must have written permission of the owner of the land on which the sign or banner is to be placed. If it is Town-owned land, permission must be obtained from the Board of Selectmen.
3. Signs and banners are restricted to six (6) square feet each side excluding the supporting frame for ground-mounted signs with overall height not to exceed five (5) feet, and three (3) feet by twenty (20) feet for hanging banners.
4. Signs and banners shall not be placed upon sidewalks or in a position so as to obscure the visibility of vehicular or pedestrian traffic.
5. Signs and banners shall not be displayed earlier than fourteen (14) days prior to the event and shall be removed twenty-four (24) hours after the event has occurred, except this time period for removal may be extended to forty-eight (48) hours if the day following an event is Sunday or a holiday.
6. No more than four (4) such signs and/or banners advertising the identical specific public event shall be allowed throughout the Town.
No more than two (2) temporary signs and/or banners shall be allowed per site.
G. COMMERCIAL TEMPORARY SIGNS AND BANNERS - Temporary signs and banners for commercial events are allowed with the provisions:
1. The business owner must register with the Building Department.
2. The business owner must have written permission of the owner of the land on which the sign or banner is to be placed.
3. Signs and banners are restricted to six (6) square feet each side excluding the frame for ground mounted signs with overall height not to exceed five (5) feet.
4. Signs and banners shall not be placed upon a sidewalk or in a position so as to obscure the visibility of vehicular or pedestrian traffic.
5. Signs or banners shall not be displayed earlier than four (4) days prior to the event and shall be removed twenty-four (24) hours after the event has occurred, except this time period for removal may be extended to forty-eight (48) hours if the day following an event is Sunday or a Holiday.
6. No more than two (2) signs or banners advertising the same event shall be allowed throughout the Town.
7. Each Commercial Business shall be allowed no more than seven (7) events per year and each event shall be limited to four (4) days.
H. REAL ESTATE SIGNS -- The following conditions shall apply:
1. Sign must only be displayed on individual lot for sale.
2. All real estate signs, including “Sold” signs, shall be removed within forty-eight (48) hours after conveyance.
3. Not more than one (1) real estate sign per house or lot which is for sale.
4. Only free-standing signs shall be permitted.
5. “ Open house ” signs shall be placed within five hundred (500) feet of the lot for sale and shall be removed at the end of each day of the open house.
6. No fees are required.
I. All signs must conform to the dimensions allowed in the particular zone in which the sign is located, as indicated.
TYPE OF SIGN ALLOWED IN DISTRICTS
Signs not greater than 100 square feet
including post, with no free-standing
sign having a vertical dimension greater than 10 feet B, C
Not more than two (2) freestanding signs at least
300' apart. D
Business on two (2) or more roads, one sign on
each road. D
Multiple businesses in one building, one sign
for each business unit on building B,C,D,E
Free-standing signs, single or multiple businesses
--each sign not more than 60 square feet one side,
total 120 square feet, including post. D
If free-standing sign exists, sign on building or
buildings not to exceed 24 square feet per business. B, C, D, E
If no free-standing sign exists, sign on building or
buildings not to exceed 50 square feet per business. B, C, D, E
Single sign, free-standing -- 12 square feet per side,
total 24 square feet. E
Ladder sign, residential -- name on one side only,
off-premise, maximum 3' wide x 8' high. A, D, F, G
Ladder sign, business -- name on one side only,
off-premise, maximum 4' wide x 10' high. C, D
Home occupation sign, must be erected on owner’s
property, 2 square feet per side, total 4 square feet. A, D, E, F
Existing sign size permitted A
Permit and fee regulations apply A, B, C, D, E, F, G
J. Off-premise signs will be allowed provided permission is granted by the off-premise property owner. Off-premise signs shall be ladder-type for two or more businesses. Businesses with frontage on Route 6 will not be permitted to have off-premise signs.
K. Signs on Town-owned property will only be allowed by permission of the Board of Selectmen.
L. EXCEPTIONS -- Nothing in this Code shall modify or in any way control the existing rights of the Secretary of the Interior to erect signs on federally owner property specified in Section IV. The right of the Town and State to erect signs on public property for traffic control, identification signs for facilities, signs for grant funded and special projects, posting of regulations, and similar notices and/or signs shall not be affected by this Code.
SECTION III — PROHIBITIONS
The following signs shall not be permitted:
1. Portable or moveable signs, other than temporary signs as defined herein.
2. Any sign affixed to a tree or other natural feature.
3. Illuminated signs having a glare distracting to drivers or adjacent property owners or any exposed neon or gas-filled signs or illumination that will conflict with the ability to see traffic lights or cause any hazardous condition.
4. Flashing, rotating or oscillating lighting, whether primary or supplementary.
5. Promotional streamers, posters, pennants and similar devices.
6. Contractor’s and builders’ signs after conveyance or completion of work.
SECTION IV -- SIGN REGULATIONS, SEASHORE DISTRICT F
The display of not more than one single-faced or one double-faced sign on property of a residential occupant which shall pertain to the occupancy, sale or rental of such property as herein authorized. Such signs shall not exceed two (2) square feet in area and shall not apply to facilities deemed by the Secretary of the Interior to be necessary on federally owned property for administration and public use and enjoyment of the Cape Cod National Seashore of the Town of Eastham on Town-owned land.
SECTION V -- ADMINISTRATION
A. WAIVER -- An applicant shall have the right of appeal to the Special Permit Granting Authority for a Waiver to grant relief from any section of this Code. The Special Permit Granting Authority may consider in their deliberations as a basis for granting of waivers favorable recommendations from the Planning Board and the Building Inspector.
APPEAL-- An applicant shall have the right of appeal to the Special Permit Granting Authority the refusal by the Building Inspector to issue a permit for a sign.
C. ENFORCEMENT -- This Sign Code By-law shall be enforced by the Building Inspector.
D. PENALTY -- Any permanent sign erected without the issuance of a permit shall constitute a violation of this Code. Penalty for such violation shall be as follows: 1st offense: Warning, 2nd offense: $50.00, 3rd offense and all subsequent offenses: $100.00 by non-criminal ticket. Each violation and each day of violation shall constitute a separate offense, punishable by fine as aforesaid.
SECTION VI -- VALIDITY
A. VALIDITY -- The invalidity of any sentence, provision or section of this Sign Code shall not be construed to invalidate any other part thereof.
B. AMENDMENTS -- This By-law may be altered, repealed, or amended in accordance with the law.
APPENDIX -- ZONING DISTRICT BOUNDARIES
DISTRICT A:
All land not covered by any other district.
DISTRICT B:
All Town-owned land in the Rock Harbor area, bounded on the north by Dyer Prince Road and the south lot line of B54, Lot 34; on the east and south by Rock Harbor; and on the west by Cape Cod Bay.
DISTRICT C1:
Bounded on the north by the southerly lot line of Lots B41-1Y and BRC, the southerly and easterly lot lines of Lot B41-1B-4, and the southerly side line of Brackett Road; on the east by the westerly side line of the Cape Cod Rail Trail/former Penn Central Railroad right-of-way; on the south by the southerly lot line of Lot B41-6B & T; and on the west by the westerly lot line of Lots 41-6B and T, B41-6C, B41-1S, B41-1T, B41-U, B41-1AA, B41-1V-2, and from the northwest corner of Lot B41-1V-2 to the southwest corner of Lot B41-1Y and the point of beginning.
DISTRICT D:
EAST PORTION: Excluding land in District C above, bounded on the north by the north lot line of B32-4c, B32-5A and B32-6; on the east by the Cape Cod Rail Trail/former Penn Central Railroad right-of-way; on the south by Orchard Road; and on the west by Route 6.
WEST PORTION: Bounded on the north by the north lot line of B35, Lot NV29; on the east by Route 6; on the south by the south lot line of B41, Lot FS-1; and on the west by Massasoit Road, Oak Road, and the west lot lines of B35, Lots B35-12D, B35-12B, and B35-NV29; 1and Lots EGB-B, EGB-C, EGB-1, EGB-2, EGB-3, and B40 4-1.
DISTRICT E:
EAST PORTION: Bounded on the north by the Cape Cod National Seashore; on the east by the Cape Cod National Seashore; on the south by the south lot line of B6, Lots RWE4 and B6-73D; and on the west by Route 6.
WEST PORTION: Consists of the lots B7-15C, B7-14D, VRD-7, VRD-6, B7-14A, B7-14B, B7-12B, and B7-13.
DISTRICT F:
The Seashore District, bounded on the east by the Atlantic Ocean and Town Cove; on the north by the Wellfleet Town Line at its intersection with the right-of-way line of a power transmission line; thence southeasterly for a distance of approximately 5,200 feet to a point due north of the intersection of the easterly right-of-way line of Nauset Road with the northerly right-of-way line of Cable Road; thence due south to the intersection of the said easterly right-of-way line of Nauset Road and the said northerly right-of-way line of Cable Road; thence in a general southerly direction crossing Cable Road and along said easterly right-of-way line of Nauset Road to a point 500 feet north of the northerly right-of-way line of Doane Road and its intersection with Nauset Road; thence west to a point 500 feet west of
the westerly right-of-way line of Nauset Road; thence southerly and westerly 500 feet from and parallel to the said right-of-way line of Nauset Road to the easterly right-of-way line of Salt Pond Road; thence southerly along the easterly right-of-way line of said Salt Pond Road to its intersection with the southerly right-of-way line of Nauset Road; thence westerly along the southerly right-of-way line of Nauset Road to its intersection with the easterly right-of-way line of Route 6; thence southerly along the easterly right-of-way line of said Route 6 a distance of about four-tenths of a mile to the northerly boundary of the Eastham Town Hall property; thence easterly to a point one-tenth of a mile from Route 6; thence turning and running in a generally southerly direction paralleling the general alinement of Route 6 and generally distant therefrom one-tenth of a mile to a small stream approximately one-tenth of a mile beyond Governor Pence Road extended; thence southeasterly along
said stream to the Orleans Town Line.
DISTRICT G1:
The Water Resource Protection District, bounded on the north by the Wellfleet Town Line; on the east by the westerly boundary of the Cape Cod National Seashore; on the southeast by the westerly property line of Lot B28-84; on the south by the southerly property lines of Lots B28-18 and B28-17; on the southwest by the easterly sideline of Nauset Road (a public way); on the west by the easterly sideline of the Commonwealth of Massachusetts parcel B1-3 (Cape Cod Rail Trail/former Penn Central Railroad right-of-way), back to the point of beginning.
Boundaries as indicated on Eastham’s Assessor’s Map, revised January 1, 1991, sheets 2,3,5 and 6 as prepared by Nickerson & Berger, Registered Land Surveyors and Professional Engineers of Orleans, Massachusetts.
DISTRICT H2:
The Wellfield Protection District, beginning at a point on the easterly sideline of Nauset Road (a public way) at the intersection of the northwesterly boundary line of parcel 33 E 6387 and the northerly boundary line of parcel 34 E 6438 to the westerly sideline of Ocean View Drive (a public way); thence commencing at the easterly sideline of Ocean View Drive and continuing easterly along the northerly boundary line of parcel 34 E 6438 to the mean high water line of the Atlantic Ocean; thence southerly along said mean high water line of the Atlantic Ocean to its intersection with the southerly boundary line of parcel 34 E 8643; thence westerly along said southerly boundary line of parcel 34 E 8643 to the easterly sideline of Ocean View Drive; thence northerly along this easterly sideline of Ocean View Drive up to the
intersection with the southerly sideline of Atlantic Avenue (a paper road); thence commencing at the westerly sideline of Ocean View Drive and continuing westerly along the southerly sideline of Atlantic Avenue and including parcel 34 E 6436 onward to the northwesterly corner of parcel 34 E 6424; thence southerly along the westerly boundary line of parcel 34 E 6424 to the intersection with the northerly boundary line of parcel 33 E 6322; thence westerly along said northerly boundary line of parcel 33 E 6322 to the easterly boundary line of parcel 33 E 6301; thence northerly along said easterly boundary line of parcel 33 E 6301 to the southerly sideline of Atlantic Avenue (a paper road); thence westerly along said southerly sideline of Atlantic Avenue to the easterly sideline of Nauset Road; thence northerly along said easterly sideline of Nauset Road to the point of beginning.
Boundaries are indicated on Eastham’s Assessor’s Map, revised January 1, 1991, sheets 9 and 24 as prepared by Nickerson and Berger, Registered Land Surveyors and Professional Engineers of Orleans, Massachusetts.
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