Licenses; Permits; Exemptions; Off Premise Hybrid Permit

(1) Licenses. (a) No person shall engage in the business of outdoor advertising in the Commonwealth of Massachusetts by means of any sign or signs without first obtaining a license therefore from the Director. (b) Notwithstanding the requirements of 700 CMR 3.02(1)(a), no license shall be required for any person whose outdoor advertising activities are limited to: 1. Erecting and maintaining signs in conformity with law and which advertise, contain or indicate: a. Either the entity which primarily occupies the premises in question or a principal activity taking place on the property where the sign is located; or b. The property itself or any part thereof as for sale or to let, and which contain no other matter. 2. Erecting or maintaining a sign painted on or attached to the surface of any vehicle provided said vehicle is used primarily for purposes other than advertising; or 3. Signs or other devices on or in the rolling stock of any common carrier or signs or other devices on or in stations, subways or structures of or used by any common carrier unless such signs or devices are displayed within view of a public way. (c) Licenses issued by the Director are non-transferable. (2) Permits. (a) No person shall erect or maintain any sign unless a permit for such sign has been granted pursuant to 700 CMR 3.00. (b) Notwithstanding the requirements of 700 CMR 3.02(2)(a), no permit shall be required for any sign which is: 1. An on-premise sign that is erected or maintained in conformity with the law and which advertises or indicates the entitywhich primarilyoccupies the premises in question or a principal activity taking place on the property where the sign is located. 2. A sign that advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter. 3. An artistic sign which does not constitute advertising, or tend to promote goods, services or commercial activity, or result in income being derived by any party. 4. Signs which are erected solely for and relating to public elections. 5. Signs or other devices on or in the rolling stock of any common carrier or signs or other devices on or in stations, subways or structures of or used by any common carrier unless such signs or devices are displayed within view of a public way. 6. Directional and other Official Signs. (c) Unless otherwise revoked, a permit shall be valid from the date it is issued until the end of that calendar year and must be renewed annually pursuant to 700 CMR 3.08. (d) No permit shall be granted for a sign intended to be erected and maintained on a vehicle or attached to a vehicle used primarily for the purpose of outdoor advertising. (3) Exemptions. (a) The Department may extend any deadline prescribed in 700 CMR 3.00. (b) The Director may, with the written approval of the municipality, the Secretary, and in consultation with FHWA, issue a permit for a sign which does not strictly comply with 700 CMR 3.00. The exemption shall be reconsidered upon each annual renewal request. Additionally, the exemption may be withdrawn by the Department at any time. Each application for an exemption under 700 CMR 3.02(3) shall be made on a form furnished by the Director and accompanied by a nonrefundable fee as stated in 700 CMR 3.02(3). In determining whether to issue an exemption the following factors may be considered: 1. Special circumstances pertaining to the sign in question. 2. Undue hardship or inequity resulting from the issuance or denial of a permit. 3. Detriment to the public resulting from the issuance or denial of a permit. 4. The general purpose and intent of the laws regulating outdoor advertising. (c) Each application for an exemption under 700 CMR 3.02(3) shall be made on a form furnished by the Director and accompanied by a non-refundable fee as stated in 700 CMR 3.02(3). (4) Off Premise Hybrid Permit. The Director may in consultation with FHWA and with written approval of the municipality grant an Electronic Permit for On-premise or On-property Electronic Signs, in urban areas that are zoned industrial, commercial, or in a zoning district that is not formally designated as such, provided that the sign is sited in a location which is otherwise designated and restricted to a commercial or industrial use, to allow for up to 25% of the overall time and/or space of the sign to display content other than On-premise or On-property, which signs may not otherwise be in compliance with 700 CMR 3.00. An applicant for an Off Premise Hybrid Permit shall be licensed pursuant to 700 CMR 3.02(1).