2003-03-24 to 2003-04-30 ATM-min

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2003 Annual Town Meeting,Adjourned Session of April 7,2003 B. All applications for permits shall include, at least, a drawing to scale showing the following: (1) The proposed sign. (2) All existing signs maintained on the premises. (3) A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs. (4) Specifications for construction, lighting, and wiring in accordance with the State Building Code. C. Building Commissioner or designee action. The Building Commissioner or designee shall issue a building permit provided the proposed sign complies with this By- Law, the State Building Code, requirements of the Historic Districts Commission (where applicable) and any other applicable laws, by-laws or regulations. D. Special permits. In particular instances the SPGA may issue special permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building, the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may be deemed to be in the public interest. Any applicant under this provision shall provide the information required in § 135-78(B) above and specific information in the form of perspectives, renderings, photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it. In considering applications for special permits for signs located on land owned or leased by a religious sect or denomination or by a nonprofit educational corporation, and used for religious or educational purposes, the SPGA shall not treat the applicant on terms less favorable than those applied to a non-religious institution, nor in a manner that unreasonably restricts the religious or educational activities of the applicant. See Mass. Gen. Laws c. 40A, § 3 (Zoning Act); 42 U.S.C. §§ 2000cc et seq. (Religious Land Use and Institutionalized Persons Act of 2000). That to conform to the foregoing amendments, §§135-9 and 135-39 be amended as follows: That§135-9(F)(1) ("Temporary use") be amended to read: (1) Temporary use. A building permit or certificate of occupancy may be granted for a temporary use where authorized by this By-Law. A special permit for a temporary use may be granted by the special permit granting authority or a permit for a temporary use may be issued by the Building Commissioner or designee for a specific period of time that is consistent with the needs of the proposed use. No temporary use is permitted without a written permit for a time period prescribed by the SPGA or the Building Commissioner or designee or as set forth in this By-Law; provided, however, that temporary signs and any permits that may be required therefor shall be governed by the provisions of§§ 135-74 through 135-78 rather than this § 135-9. That§ 135-9(F) (2) ("Terminology") be amended by deleting the words "a sign. " That§ 135-39(B)(1) (Height of structures other than buildings) be amended to read: (1) When located on the ground, the maximum height of structures, other than buildings, shall be the highest point on the structure and shall not exceed the maximum height for buildings in feet as set forth in Table 2. Structures other than buildings, such as antennas, wireless communication facilities that are permitted as provided in Article XV, recreational apparatus, fences and the like may be located in a required front, rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line. Notwithstanding this provision: (a) A fence or wall not greater than six feet in height (except that a supporting post may be not more than six feet, six inches in height) may be located on, or closer to a lot line than six feet; and