Requirements for New Permits

(1) Permits issued by the Director for any sign are revocable, and of limited duration. Such permits do not create property rights. Nothing in 700 CMR 3.00 is intended and nothing should be construed to create vested property rights of any kind. (2) The requirements of 700 CMR 3.07 shall apply to the initial issuance of any permit. (3) No permit shall be granted or renewed for a sign that is not located in an area of a business character. An area may be deemed to be of business character only if all of the following requirements are met: (a) At least two separate business, industrial or commercial activities are being conducted within a distance of 500 feet from the proposed location of the sign, measuring from such proposed location to the buildings or parking lots or other places of actual business, industrial or commercial activity. The term "business, industrial, or commercial activities" as used in 700 CMR 3.07 shall not include residential trailer parks, railroad tracks and minor sidings; dumps, gravel pits and landfill operations, nor any agricultural, horticultural, or floricultural activities, nor any activity not visible from the public way upon which the sign is to face. (b) The area in which the sign is to be located is not predominantly residential, agricultural or open space or natural area. (c) The area in which the sign is to be located is zoned for industrial or commercial use. (d) The provisions set forth in 700 CMR 3.07(3)(a) through (c) may not apply to Street Furniture or Pillar Displays. (4) No permit shall be granted for a sign which the Director determines would not be in harmony with or suitable for the surrounding area or would do significant damage to the visual environment. In making this determination, the Director may consider, among other factors, the health, safety and general welfare of the public; the scenic beauty of the area; the physical, environmental, cultural, historical or architectural characteristics of the location and the area; the structure, height and size of the sign; the illumination and brightness of the sign; and the number of signs, including on premise and accessory use signs, which are in the area wherein the sign is to be located. The existence of any sign or signs in an area shall not require a finding that the erection of another sign will be in harmony with the area. (5) No permit shall be granted for a sign: (a) Which is within the limits of any public way except as provided in M.G.L. c. 85; (b) Which is visible from the main traveled way of an Interstate or the National Highway System except as provided by Federal Law and by M.G.L. c. 93D; or (c) Whose erection or maintenance constitutes trespass. The Director may order in writing an applicant or permittee to submit within 14 days of the date of such order a copy of the lease, license, agreement, or easement, or an affidavit describing same for the property on which the sign that is the subject of a particular application or permit is located. Failure to comply within said time, or within such additional time as the Director may allow, shall constitute grounds for denial of the application or for the revocation of the permit. (d) That is visible from a Scenic by-way as designated by the Department. (6) No permit shall be granted for a sign that is within 300 feet of a public park, playground, cemetery, forest, reservation and/or any other scenic or recreational area in excess of 30,000 square feet, regardless of ownership, which is available for public use, or reserved for the public, if any part of the sign or billboard structure is within view from any accessible point of the park. The method of measurement may vary depending on the type of sign and the physical environment. Signs located within street furniture that are installed or maintained by or under contract with an agency, municipality, authority or political subdivision of the Commonwealth may be permitted if otherwise in conformity with 700 CMR 3.07(4) and M.G.L. c. 93D and under the following conditions: (a) A sign located on street furniture. (b) The Director may, with the written approval of the municipality, exempt a sign contained within street furniture from any spacing or zoning requirements contained in 700 CMR 3.07(6). (c) The provisions of 700 CMR 3.06(1)(b) through (e) and (g) shall not apply to Street Furniture. (d) The applicant shall pay the required application fee as provided in 700 CMR 3.03(2)(a). (7) No permit shall be granted for a sign: (a) On or in any way attached to a tree, rock or other natural feature. (b) On a bridge, unless authorized by the Department. (c) Attached to a roof or wall of a building used wholly or predominantly for residential purposes. (8) No permit shall be granted for a sign which will obstruct the visibility of another sign under permit issued by the Director, a sign legally erected and maintained without the need for a permit from the Director (e.g. "on premise" signs), or a highway or street sign. (9) No permit shall be granted for a sign within a city or town where the sign is not in conformity with applicable and lawful cityand town ordinances and by-laws. No such ordinance or by-law shall be deemed inconsistent with 700 CMR 3.00 on the ground that such ordinance or by-law prohibits the location or maintaining of a sign which in the absence of said ordinance or by-law would be in conformity with 700 CMR 3.00. (10) After notice and opportunity for public hearing, the Department may designate areas of historical, architectural, scenic or environmental significance as Sign Free Areas, or Sign Free Corridors. No permit shall be granted or renewed for a sign in such Sign Free Areas or Sign Free Corridors. (11) The following are specifically designated as Sign Free Areas in which no permits shall be issued: (a) the Town of Lexington; (b) the Town of Lincoln; (c) the Town of Concord, and (d) The Charlestown district of the City of Boston, from the Southeast corner or Bunker Hill Street and Lowney Way, thence westward along the southern edge of Lowney Way to the southern edge of Adams Street, thence westward along the southern edge of Adams Street to the southern edge of Common Street, thence westward along the southern edge of Common Street to the southeastern edge of Park Street, thence southwestward along the southeastern edge of Park Street to the western edge of Warren Street to the western edge of Main Street, thence northward along the western edge of Main Street to the northern edge of School Street, thence eastward along the northern edge of School Street to the eastern edge of Bunker Hill Street, thence southward along the eastern edge of Bunker Hill Street to the northwestern edge of Elm Street, thence northeastward along the northeastern edge of Elm Street to the eastern edge of Medford Street to the southeastern edge of Polk Street, thence southwestward along the southeastern edge of Polk Street to the eastern edge of Bunker Hill Street, thence southward along the eastern edge of Bunker Hill Street to the starting point. (12) A permit may be granted and renewed for signs designated by the Department to be a landmark sign, including a sign on a farm structure or natural surface, of historic or artistic significance, the preservation of which would be suitable for and in harmony with the surrounding area and which would not damage the visual environment. This determination may be rescinded by the Director after notice and opportunity for comment if changes to the area or other factors render the sign unsuitable therefore. (13) No permit shall be granted in areas zoned "commercial" or "industrial" solely to allow for outdoor advertising signs. This constitutes zoning that is not consistent with the intent of 23 CFR, Part 750. (14) The maximum allowable area for any sign shall be 1200 square feet. (15) The minimum spacing requirements between non-electronic permitted signs shall be 500 feet measured along the same side of any public way from which the sign may be viewed. (16) Pillar Displays must contain at least a of the display area for public information. The advertising on Pillar displays shall not exceed 50 square feet per face. (17) Requirements for Temporary Permits. Temporary permits may be issued for signs that may not strictly comply with 700 CMR 3.00 for a period of up to one year, under such terms and conditions as the Director deems reasonable. Temporary permits shall require the prior written approval of the municipality. In making this determination the Director may consider the following: civic, financial and betterment factors; public service/non-profit allowances; urban park revitalization; business improvement districts; and neighborhood redevelopment efforts that may benefit from the issuance of the permit for the temporary sign. Said signs shall be removed by the permittee within 14 days after the date of expiration or revocation of the permit. The Department maygrant extensions with the prior written approval of the municipality. Only signs that are of light weight material and easily removable shall be considered for such temporary permitting. (18) No sign, including electronic, trivision or static signs, may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area on an Interstate Highway or Freeway Primary Highway, measured along the Interstate Highway or Freeway Primary Highway from the nearest point of the beginning or ending of widening of the main traveled way at the exit from or entrance to the main traveled way. 700 CMR. 3.07(18) does not apply in cities and towns with a population greater than 50,000.