HomeMy WebLinkAbout2003-ATM-Article20-signs-rpt TOWN MEETING
MATERIALS ON
PROPOSED SIGN BY-LAW AMENDMENTS
ARTICLE 20
Lorraine Fournier
John Bartenstein
April 2, 2003
INDEX
1. Article 20
2. Proposed Amendments to Sign By-Laws
3. Proposed Amendments to Sign By-Laws--Drafting Notes
4. Current Sign By-Laws
5. Comparison of Current and Proposed Amended Sign By-Laws
6. City of Ladue v. Ci/leo,512 U.S. 43 (1994)
ARTICLE 20 AMEND ZONING BYLAW— SECTION 135-74 THROUGH 135-78
To see if the Town will vote to amend Sections 135-74 through _
13 5 7$ of the Zoning By-Laws,
which regulate signs, to conform to state and federal constitutional requirements regarding garding the
freedom of speech; or act in any other manner in relation thereto.
(Inserted by Lorraine Fournier and nine or more registered g stered voters)
DESCRIPTION: The Town's zoningby-laws,
by their terms, currently prohibit all signs
in residential areas except for occupant identification signs, real estate, signs and signs
required by governmental regulation or order. In CityofLadue v. Gillen
512 U.S. 43
(1994), the United States Supreme Court held that such a broadrohibi '
p tion of residential
signs violates the First Amendment because it almost completely forecloses "a venerable
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means of communication that is both unique and important." Because of
p these First
Amendment concerns, the zoning bylaws are not currentlyenforced d as written against
political campaign signs and other nonconforming residential signs. This article rticle would
provide for amendment of the residential sign provisions of the -
zoning by-laws y laws to
conform to current enforcement policy and constitutional requirements.
Proposed Amendments to
Sign By-Laws
Town Meeting Handout
Proposed Amendments to Sign By-Laws April 2, 2003
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The petitioners will move to amend the Zoning By-Laws, Chapter 135 of the Code of
Lexington, as follows:
h definitions in135-8 ofthe terms "bill board, " "sign, " "accessory sign, " and
That the f §
non-accessory sign" be amended to read as follows:
BILLBOARD--Any sign, regardless of size, which advertises, calls attention to or
promotes for commercialpurposes anyproduct, service or activity other than one
manufactured, sold or engaged in on the premises at which the sign is located.
SIGN—Anydisplay device, including but not limited to a board,placard, poster, flag or
p Y g banner, which advertises or communicates information to persons not on the premises on
which it is located,
N ACCESSORY---Anysign which advertises, calls attention to,or indicates the
SIGN,
occupying person or activity the premises on which the sign is located; advertises the
property part of it for sale or lease; or contains a lawful, noncommercial message
p Y or some
displayed an occupant of the premises.
by
SIGN3 NON-ACCESSORY--Any sign that is not an accessory sign.
That the following definitions be added to§135-8:
NONCOMMERCIAL MESSAGE—Any statement or message, including but not limited
to apolitical campaign olitical election n endorsement,that does not advertise, call attention to or
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promote for commercialpurposes anyproduct, service or activity; and for the display of
which no consideration is provided or received.
SIGN COMMERCIAL—Any sign, regardless of size, which advertises, calls attention
to, or indicates any commercial product, service or activity, whether or not manufactured,
sold or engaged in on the premises at which the sign is displayed.
That 135-74 through 135-78 be amended to read as follows:
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§ 135-74. Objectives and applicability.
A. Intent. This By-Law is intended to preserve and enhance the historical
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ambience and aesthetic character of the town, and to maintain public safety,
consistent with constitutional requirements protecting freedom of speech.
B. Scope. All outdoor signs and window signs are subject to the regulations
of this By-Law unless specifically excluded in § 135-74(C).
C. Exemptions. The following signs are not subject to this By-Law:
(1) Any sign owned and installed by a governmental agency or
required by any law, governmental order or regulation.
(2)
Government flags and insignia, except when displayed in
connection with commercial promotion.
(3) Integral decorative or architectural features of buildings, except
letters,trademarks, moving parts or moving lights.
(4)
Signs mounted on registered motor vehicles or carried by hand.
D. Nonconforming signs. Signslegally le all existing on the effective date of this
article, or of any amendment hereto,may continue to be maintained;provided
however that any sign that fails to conform to the current requirements of
this by-lawenlarged,shall not be enlar ed, altered, relocated or replaced except in
accordance with the provisions of Article VI.
-75. General regulations. The provisions of this section shall apply to signs
X135 gu
in all zoning districts. Additional specific regulations for residential and business
. districts are set forth in §§ 135-76 and 135-77,respectively.
A. Illumination. No sign shall be illuminated between the hours of 11:00 p.m.
and 6:00 a.m. except signs on premises open for business, and then only upon
issuance of a specialpermit bythe SPGA. Exterior illumination of signs shall be
shielded, directed solely at the sign, and be steady and stationary.No internal
illumination of a sign is permitted except upon issuance of a special permit by the
SPGA. The illumination of any sign shall not exceed 150 foot lamberts.
[Amended 4-1-1998 ATM by Art. 40]
B. Signs cannot interfere with traffic. No sign, including window displays, or
• its illuminators shall by reason of its location, shape, size or color interfere with
pedestrian or vehicular traffic or be confused with or obstruct the view or the
effectiveness of any official traffic sign, traffic signal or traffic marking. No red
oran reen lights shall be used onsign if, in the opinion of the Building
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Commissioner or designee with the advice of the Chief of Police, such lights
would create a driving hazard.
Construction.No sign shall bepainted or posted directly on the exterior •
C.
surface of anywall. All exterior, attached signs, except awning signs, shall be
ppainted, posted or otherwise securelyaffixed to a substantial intermediary
,
removable surface and such surface shall be securely affixed to the wall of the
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building. The foregoing, however, shall not prevent installation of a sign by
individual letters or devices cut into or securely affixed to the exterior wall of a
building, provided that such letters or devices have a minimum depth of
projection of 114 of an inch. The construction of the sign shall comply with the
State Building Code.
D. Maintenance. Every sign shall be maintained in good condition. If a sign
shows corrosion or deteriorated paint over 25%of the area of one side or if
damage to the sign causes the loss of 10% of its substance or if the sign suffers
damage or deterioration which creates a risk of harm to the person or property of
another, it shall be repaired or removed.
E. Removal of temporary signs. Signs that advertise or otherwise relate to a
particular event (for example, a real estate sign, an election campaign sign or a
yard sale sign) shall be removed promptly, and in no event more than 7 days, after
the conclusion of the event
F. Window signs. Removable signs on the inside of windows or transparent
doors are permitted.
G. Prohibited signs. The following types of signs are prohibited.
(1) Signs which incorporate in any manner flashing, moving or
intermittent lighting, excludingpublic service signs showing time and
temperature.
(2) g lights hts used in connection with commercial premises with the
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exception of temporary lighting for holiday decoration.
(3) Signs erected so as to obstruct any door, openable window or fire
escape on a building.
(4) Billboards and other non-accessory signs.
135-76. Residential districts. Theprovisions of this section shall apply to signs
§
in residential districts.
A. The following accessory signs are permitted.
(1) Resident identification signs. Two signs, up to one square foot in
area each, pg residential building indicating the name and address of the
residents therein
(2)
Multifamily g dwellin development sign. One sign, not exceeding
12 square feet in area, identifying a development in an RM or RD district.
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(3) Real estate sign. One sign advertising the sale or rental of the
premises on which it is located, and containing no other advertising
matter.
(4) Subdivision sins. Real estate signs, not more.than 20 square feet
in area and not more than 10 feet in any dimension, on subdivisions of
land as defined in General Laws, Chapter 41, Section 81-L, solely to
advertise the selling of land or buildings in said subdivision, provided that
not more than one such sign shall face the same street.
(5) Yard or gwage sale sign. One sign advertising a yard or garage
sale on the premises on which it is located, provided that a yard sale
permit has been duly obtained.
(6) Construction, painting or remodeling sign. One sign indicating the
name, address and telephone number of a contractor currently providing
construction, ainting or remodeling services on the premises, and
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containing no other advertising matter,provided that permission to display
such sign has first been obtained from the homeowner.
(7) Noncommercial message signs. Accessory signs containing a
noncommercial message and no other advertising matter.
B. Size, number and location of accessory signs. Unless otherwise provided
in § 135-76(A),
(1) No sign in a residential district shall exceed 4 square feet in area.
No standing sign shall exceed 4 feet in height.
(2) No more than 2 standing signs shall be located on a residential
property at one time.
(3) No part of any standing sign shall be located within 10 feet of the
edge of the pavement of any street,obstruct a sidewalk, or otherwise
create a safety hazard to pedestrian or vehicular traffic.
(4) No sign shall be located on the roof of any building.
C. Commercial signs. Except to the extent permitted in § 135-76(A),
commercial signs, whether or not accessory to a permitted activity engaged in on
the premises, are prohibited in residential districts.
135-77. Business districts. Theprovisions of this section shall apply to signs in
§
business districts.
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A. Accessory Signs. Accessory signs on business establishments or
institutions in business districts that comply with the following provisions are
permitted.
(I) Wall signs.
(a) p POne principal wall sign is permitted on the front of the
establishment to which it relates. The width of such a sign above
the first floor of a building shall not exceed three feet.
(b) A secondary wall sign may be installed marking a direct
entrance on ap arking lot or another street in addition to the front
wall sign. There shall be not more than two such secondary wall
signs. Said sign shall have a width no greater than 50% of the
maximum permissible width for the principal wall sign.
(c) No wall sign shall be more than three feet in overall height
(d) ugIn buildings where the first story is substantially above
grade and the basement is only partially below street grade, one
sign for each level is allowed if each sign has only 1/2 of the area
that would be permitted for a single sign.
(e) In addition to the above signs each building with multiple
occupants may have one directory sign affixed to the exterior wall,
window or door of the building. Such directory sign shall provide
not more than one square foot for each occupant of the building.
(f)
Wall signs shall either be affixed to a wall and parallel to it
or affixed to the roof above a wall and be parallel to the wall. They
shall notJroject more than 12 inches from the face of such wall.
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(g)
No wall sign shall project above the highest line of the
main roof orara et on the wall to which it is attached, whichever
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is higher.
Projecting sins. In particular instances the SPGA may issue
(2) J g g
special permits for projecting signs in accordance with § 135-78, 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. No
establishment shall bep ermitted more than one projecting sign.
(3)
Standingsigns. In particular instances the SPGA may issue special
p
ermits for standing signs in accordance with § 135-78, if it is determined
that the architecture of the building, the location of the building with
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reference to the street or the nature of the establishment is such that the
sign should be permitted in the public interest. No establishment shall be
permitted more than one standing sign other than signs directing traffic
flow.
(4) Signs at gasoline -filling stations and garages. Gasoline filling
stations and garages may divide the one wall sign affixed to the front wall
of the building to which they are entitled as hereinabove provided into
separate wall signs indicating the separate operations or departments of the
business, provided however that the total of the widths of the separate
signs shall not exceed the maximum width permitted under this By-Law
for a single wall sign on such wall. In addition, one sign indicating the
brand of gasoline being sold may be erected of such type, in such location,
and in such manner as the SPGA may allow by special permit. The
standard type of gasoline pump bearing thereon, in usual size and form,
the name or type of gasoline and the price thereof shall not be deemed to
be a sign within the meaning of this By-Law.
§ 135-78. Building permits and special permits.
A. Allp ersons desiring to erect an outdoor sign in a commercial district shall
apply to the Building Commissioner or designee for a building permit.
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
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permits for more or larger signs than are provided herein or for signs of types or
forpurposes notprovided herein and not specifically prohibited herein, including
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temporary signs, if it is determined that the architecture of the building, the
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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
theublic interest. Anyapplicant under this provision shall provide the
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information required in§ 135-78(B) above and specific information in the form of
perspectives, renderings, photographs or other representations sufficient to show
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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 rofit 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,
(Zoning§ 3 Act); 42 U.S.C. §§ 2000cc et seq. (Religious Land Use and
Institutionalized Persons Act of 2000).
That to conform to the foregoing amendments, §5 135-9 and 135-39 be amended as
follows:
That§135-9(F)(1) ("Temporary use') be amended to read:
(1) Temporary Tem ora use. A building permit or certificate of occupancy may be
granted for a temporary use where authorized by this By-Law. A special permit
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for a temporary use may be granted by the special permit granting authority or a
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permitp 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
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use. No temporary use is permitted without a written permit for a time
proposed p �
period
prescribed bythe SPGA or the Building Commissioner or designee or as
set forth in this provided,By-Law; however,that temporary signs and any permits
that may required uired therefor shall be governed by the provisions of§§ 135-74
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through 135-78 rather than this § 135-9.
That sC 135-9(F) (2) ("Terminology') be amended by deleting the words "a sign. "
That§ 135-39(B) ("Height of structures other than buildings') be amended to ream-
when located on the round,the maximum height of structures,other than(1) g
buildings, highest be the hi hest po int on the structure and shall not exceed the
maximum height for buildings in feet as set forth in Table 2. Structures other than
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buildings, such as antennas, wireless communication facilities that are permitted
asP rovided 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:
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(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
(b) A sign permitted under § 135-76 may be located in a front yard
without regard to the lot line.
Ey
D
O
Proposed Amendments to
Sign By-Laws- Drafting Notes
Town Meeting
Proposed Amendments to By-Laws—Drafting Notes April 2, 2003
p Sign
A. Reorganization. The sign by-laws have been reorganized to make them
clearer, more gl and more strai logical ht orward. All provisions dealing with applicability
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have been combined into the first section. Sections dealing with building permits and
special permits have been moved to the end
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B. Definitions. The following definitions have been revised:
BILLBOARD--Any sign, regardless of size,which advertises, calls attention to or
promotes for commercial purposes any product, service or activity other than one
manufactured, sold or engaged in on the premises at which the sign is located.
Previously, the definition of"billboard" was identical to the definition of"non-accessory
signs purpose and served no real]] I'ur ose in the by-laws. The term has been redefined to mean
what we classically think of as a "billboard": a sign that advertises a product, service or
activitythat does not relate to the immediate premises, sometimes referred to as an "off=
premises sign.
NONCOMMERCIAL MESSAGE—Any statement or message, including but not limited
to apolitical election campaign n endorsement, that does not advertise, call attention to or
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promote for commercial purposes any product, service or activity; and for the display of
which no consideration is provided or received.
This is a new definition that is critical to the operation of`the revised by-laws. The term
"noncommercial message"" re ers to the core of constitutionally protected speech,
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namely, speech that: (1) serves no commercial advertising purpose, and(2) is not posted
or displayed for a fee.
SIGN—Anydisplay device, including but not limited to a board,placard, poster, flag or
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banner which advertises or communicates information to persons not on the premises on
which it is located.
The definition of"sign" has been tightened up to refer only to a display that "advertises
or communicates inf ormation, "not to anything that "attracts attention" (which might
include such improbable things as a sculpture on the lawn or a Lamborghini sports car
in the driveway). The exclusions that were included in the previous definition of"sign"
have been moved to the text of the by-laws where they belong
SIGN, ACCESSORY—Any sign which advertises, calls attention to,or indicates the
person or activit premises on which the sign is located; advertises the
occupying the
roe or some part of it for sale or lease; or contains a lawful, noncommercial message
property displayed by an occupant of the premises.
The definition of"accessory sign, " often referred to as an "on-premises" sign, has been
changedfromdefinition in one key respect: it now encompasses a "law ful,
g the traditional
noncommercial message displayed by an occupant of the premises. " This makes sense
when one considers that a sign that expresses the views of an occupant really is
accessory" to the occupant's use of a property. Note that persons who are not
occupants of the property in question (such as absentee landlords) cannot post signs on
the property and claim them as "accessory"signs.
SIGN, COMMERCIAL—Any sign or other advertising device, regardless of size, which
advertises, calls attention to,or indicates any commercial product, service or activity,
whether or not manufactured, sold or engaged in on the premises at which the sign is
displayed.
This definition refers to any sign--including an accessory sign--that is commercial in
nature. It could include,for example, a department store sign, a real estate sign, or a
sign reading "John Q. Smith, Attorney at Law " Under the revised by-laws, commercial
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accessory signs are permitted in business districts but, with certain limited exceptions,
are prohibited in residential districts.
SIGN,NON-ACCESSORY--Any sign that is not an accessory sign.
This definition includes any sign that does not qualify as an "accessory"sign, including
commercial billboards, noncommercial signs that are displayed for a fee, or
noncommercial signs displayed by someone not an occupant of the premises.
C. Amendments to Text. The following amendments have been made to the text
of sections 135-74 through 135-78:
§ 135-74. Objectives and applicability.
A. Intent. This By-Law is intended to preserve and enhance the historical
ambience and aesthetic character of the town, and to maintain public safety,
consistent with constitutional requirements protecting freedom of speech.
This is a newp rovision that states succinctly the intent of the by-laws. The objective is to
balance the town's legitimate interest in avoiding "visual clutter" and ensuring traffic
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andp edestrian safety with clearly established constitutional rights.
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B. Scope. All outdoor signs and window signs are subject to the regulations
of this By-Law unless specifically excluded in § 135-74(C).
Thisp rovision is essentially unchanged from the original version_ Exemptions from the
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by-laws are now spelled out in the next section instead of being scattered throughout the
by-laws.
C. Exemptions. The following signs are not subject to this By-Law:
n owned and installed by a governmental agency or(1) Any sign
required by any law, governmental order or regulation.
(2) Government flags and insignia, except when displayed in
connection with commercial promotion.
(3) Integral decorative or architectural features of buildings, except
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letters,trademarks, moving parts or moving lights,
(4) Signs mounted on registered motor vehicles or carried by hand,
These exemptions, none of which are new, have been consolidated from the definitions
section and the "General Regulations"section of the current by-laws.
D. Nonconforming signs. Signs legally existing on the effective date of this
article, or of any amendment hereto,may continue to be maintained;provided
however that any such sign that fails to conform to the current requirements of
this by-law shall not be enlarged, altered, relocated or replaced except in
accordance with the provisions of Article VI.
This "grandfather clause, "which permits any lawful sign currently in place today to
remain in , has been movedlacefrom the end of the by-laws. It has also been revised
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slightly to coordinate with the extensive provisions in Article VI of the by-laws on
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"Nonconforming Situations. "
§ � provisions General regulations. The of this section shall apply to signs
in all zoningdistricts. Additional specific regulations for residential and business
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districts are set forth in §§ 135-76 and 135-77, respectively.
This
ed is unchanged from the current regulations. However, some of the specific
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general regulations set fforth in this section have been amended, reorganized or removed
as set forth below
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The provision exempting overnment sins, cartop signs and handheld signs has been
moved to the application section. The provision permitting resident identification signs
has been moved to the residential section. The provision permitting certain signs
identifyingiden4fying churches and "other similar religious uses" has been removed because, while
permissive it is also restrictive, and thus potentially runs afoul of both state law (Mass.
Gen. Laws c. 40A §3) and federal law (the Religious Land Use and Institutionalized
Persons Act o 2000, 42 U.S.0 2000cc et seq.). Instead of specifying the size or
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content of religious signs that would be permitted, the revised by-laws: (a)permit a
religious institution to display any type or size of sign that would be permitted to a
nonreligious institution in the same zoning district; and(b)permit a religious institution
to apply or a special permit for additional or larger signs if the exercise of its religious
activities reasonably so requires.
A. Illumination.No sign shall be illuminated between the hours of 11:00 p.m.
and 6:00 a.m. except signs on premisesopen o en for business, and then only upon
issuance of a specialpermit bythe SPGA. Exterior illumination of signs shall be
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shielded, directed solely at the sign, and be steady and stationary. No internal
illumination of a sign is permittedexcept upon issuance of a special permit by the
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SPGA. The illumination of any sign shall not exceed 150 foot lamberts.
[Amended 4-1-1998 ATM by Art. 40]
This section is unchanged
B. Signs cannot interfere with traffic. No sign, including window displays, or
its illuminators shall by reason of its location, shape, size or color interfere with
pedestrian or vehicular traffic or be confused with or obstruct the view or the
effectiveness of any official traffic sign, traffic signal or traffic marking.No red
or green lights shall be used on any sign if, in the opinion of the Building
Commissioner or designee with the advice of the Chief of Police, such lights
would create a driving hazard.
This section has been slightly amended by adding the words "pedestrian or vehicular"
before the word "traffic" to make it clear that signs should be placed so as not to
interfere with pedestrian as well as vehicular traffic.
C. Construction.No sign shall be painted or posted directly on the exterior
surface of any wall. All exterior, attached signs, except awning signs, shall be
p � securely
painted,posted or otherwise affixed to a substantial intermediary
removable surface and such surface shall be securely affixed to the wall of the
building. foregoing,The fore oin , however, shall not prevent installation of a sign by
individual letters or devices cut into or securely affixed to the exterior wall of a
building, provided that such letters or devices have a minimum depth of
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projection of 1/4 of an inch. The construction of the sign shall comply with the
p �State Building Code.
D. Maintenance. Every sign shall be maintained in good condition. If a sign
shows corrosion or deteriorated paint over 25%of the area of one side or if
damage to the sign causes the loss of 10% of its substance or if the sign suffers
damage or deterioration which creates a risk of harm to the person or property of
another, it shall be repaired or removed.
These sections are unchanged
B. Removal of temporary signs. Signs that advertise or otherwise relate to a
particular event (for example, a real estate sign, an election campaign sign or a
yard sale sign) shall be removed promptly, and in no event more than 7 days, after
the conclusion of the event.
This section is new It has been added to address a reasonable concern that event-
related concerns, such as political campaign signs or yard sale signs—both o�f which
werereviousl.gyto prohibited al ---should should be removed after they are no longer
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needed in order to avoid unnecessary "visual clutter. " A number of court cases have
held that a municipalitynot constitutionally impose time limits on the display of
may
campaign signs. (For example, ordinances that specify that a political sign may be
displayed only for a period 60 days before an election and 7 days after have been struck
down. However, content-neutral "removal"provisions such as this have been upheld
P. window signs. Removable signs on the inside of windows or transparent
doors are permitted.
This section, currently applicable licable only to business districts, has been moved to the
"General Regulations"section so that it will apply in all districts. Note that indoor
window signs, even in business districts, never require the issuance of any permit.
G. Prohibited signs. The following types of signs are prohibited.
(1) Signs which incorporate in any manner flashing, moving or
intermittent lighting, excluding public service signs showing time and
temperature.
(2) String lights used in connection with commercial premises with the
exception of temporary lighting for holiday decoration.
(3) Signs erected so as to obstruct any door, openable window or fire
escape on a building.
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(4) Billboards and other non-accessory signs.
This section has been revised in two respects. First, the current prohibition on
"banners" or other "wind signs" has been eliminated because it is vastly overbroad as
applied in residential districts. Many residents today display "wel come, " holiday or
other decorative banners and would be surprised to learn that they are banned. In
business districts,flag s or banners other than government flags now require a special
permit, and this would not change. Second, changes in the definitions of"billboard" and
"non-accessory signs" change the scope of the last prohibition. Under the new
definitions, the prohibition applies only to: (1) off-premise commercial advertising signs
(billboards); and(2) non-commercial advertising signs that are displayed by a of the premises non-
occupantremises or for a fee (such as a paid campaign advertising sign).
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135-76 Residential districts. The provisions of this section shall apply to signs
in residential districts.
A. The following accessory signs are permitted.
This prefatory language is new. Currently, the by-laws permit only three types of
residential signs: (I) occupant identification signs; (2) real estate signs; and(3) signs
required bygovernmental regulation or order. This section expands the signs permitted
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in residential neighborhoods to include signs containing noncommercial messages and
limited types of commercial signs (yard sale signs and contractor signs). All other types
of commercial signs are prohibited in residential neighborhoods.
(1) Resident identification signs. Two signs, up to one square foot in
area each,per residential building indicating the name and address of the
residents therein
(2) Multifamily dwelling development sign. One sign, not exceeding
12 square feet in area, identifying a development in an RM or RD district.
Thesep rovisions are unchanged The dimensional restrictions differ from the "default"
dimensions offour square feet, but such differences are reasonable under the
circumstances.
(3) Real estate sign. One sign advertising the sale or rental of the
premises on which it is located, and containing no other advertising
i
matter.
Thisp rovision is unchanged except that residential real estate signs would be subject to
the "default"area limitation offour square feet.
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(4) Subdivision sins. Real estate signs, not more than 20 square feet
in area and not more than 10 feet in any dimension, on subdivisions of
land as defined in General Laws, Chapter 41, Section 81-L, solely to
advertise the selling of land or buildings in said subdivision, provided that
not more than one such sign shall face the same street.
This provision is unchanged This is another one of the few instances in which the
permitted area deviates from the "default" area, but the unique circumstances of a
subdivision sign, which relates to multiple rather than single properties, reasonably
warrant the distinction.
(5) or Yard garage sale sign. One sign advertising a yard or garage
sale on thep remises on which it is located,provided that a yard sale
permit has been duly obtained.
(6) Constniction, paintingor remodeling sign. One sign indicating the
name, address and telephone number of a contractor currently providing
construction, painting or remodeling services on the premises, and
p g g
containingno other advertisingmatter, provided that permission to display
such sign has first been obtained from the homeowner.
These provisions are new Because the signs described are arguably "commercial" in
nature, it is probably not constitutionally necessary to permit them. However, because
these signs are commonly displayed, and the existing by-laws typically are not enforced
against them, it is reasonable to make a specific provision for them in the sign by-laws to
g
conform to reality. " Note that contractor signs would require a homeowner's
permission.
Noncommercial messy a sins. Accessory signs containing a
(7) g g
noncommercial message and no other advertising matter.
This is a critical provision necessaryto ensure that the residential portion of the sign�'hs
by-
laws p
complies with the Supreme Court's ruling in City of Ladue. Applying the new
p
definitions, thisprovision would permit an occupant to display any noncommercial sign,
�
including apolitical campaign ,si on the premises, as long as. (1) it contains no other
advertising matter; (2) the sign is not displayed for a fee; and(3) it complies with the
size, number and location requirements set forth below
B. Size, accessory number and location of signs. Unless otherwise provided
in § 135-76(a),
- 7 -
(I) No sign in a residential district shall exceed 4 square feet in area.
No standing sign shall exceed 4 feet in height.
(2) No more than 2 standing signs shall be located on a residential
property at one time.
(3) No part of any standing sign shall be located within 10 feet of the
edge of the pavement of any street,obstruct a sidewalk, or otherwise
create a safety hazard to pedestrian or vehicular traffic.
(4) No sign shall be located on the roof of any building.
These provisions are new and regulate the size, quantity and location of residential signs
that heretofore have been prohibited altogether. With a few, limited exceptions where
special circumstances dictate a larger or smaller sign, they are strictly content-neutral.
C. Commercial signs. Except to the extent permitted in § 135-76(A),
commercial signs, whether or not accessory to a permitted activity engaged in on
the premises, are prohibited in residential districts.
Thisp rovision is new It would continue the Lexington tradition that most commercial
signs, even if accessory to a permitted residential use such as a home office, are not
permitted in a residential district,
§ 135-77. Business districts. The provisions of this section shall apply to signs in
business districts.
A. Accessory Signs. Accessory signs on business establishments or
institutions in business districts that comply with the following provisions are
permitted.
This language, and most of the area and dimensional restrictions that follow, are
unchanged from the existing by--laws. Note, however, that the change made to the
definition of"accessory sign" would permit the occupant of a business premise to
display a noncommercial message sign on the same terms as a commercial message sign.
This result is required by the Supreme Court's decision in Metromedia, Inc. v. City of San
Diego, 453 US. 490 (1981) ("Insofar as the city tolerates[signs]at all, it cannot choose
to limit their content to commercial messages; the city may not conclude that the
communication of commercial information concerning goods and services connected
with a particular site is of greater value than the communication of noncommercial
messag es. ") Nothing in the proposed revision increases the amount of signage space
available to a business establishment.
- -
(1) Wall signs.
(a) One principal wall sign is permitted on the front of the
establishment to which it relates. The width of such a sign above
the first floor of a building shall not exceed three feet.
(b) A secondary wall sign may be installed marking a direct
entrance on a parking lot or another street in addition to the front
wall sign. There shall be not more than two such secondary wall
signs. Said sign shall have a width no greater than 50% of the
maximum permissible width for the principal wall sign. t.
No wall sign shall be more than three feet in overall height.
(c)
. . . .(d) .In buildings where the first story is.substantially above
grade and the basement is only partially below street grade, one
sign for each level is allowed if each sign has only 1/2 of the area
that would be permitted for a single sign.
(e) In addition to the above signs each building with multiple
occupants may have one directory sign affixed to the exterior wall,
window or door of the building. Such directory sign shall provide
not more than one square foot for each occupant of the building.
Wall signs shall either be affixed to a wall and parallel to it
or affixed to the roof above a wall and be parallel to the wall. They
shall not project more than 12 inches from the face of such wall.
(g)
No wall sign shall project above the highest line of the
main roof orara et on the wall to which it is attached, whichever
p P
is higher.
These provisions are unchanged
Therovision permitting window signs has been moved to the "General"section.
�
Window signs would be permitted in all zoning districts.
(2) J gProjecting signs. In particular instances the SPCA may issue
special permits for projecting signs in accordance with § 135-78, 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. No
establishment shall be permitted more than one projecting sign.
- g -
ThisB rovision is unchanged
( )
Standingsigns. In particular instances the SPGA may issue special
permits for standingsigns in accordance with § 135-78, 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. No establishment shall be
permitted more than one standing sign other than signs directing traffic
flow.
The reference to standing re� signs permitted under the existing 5C135-75B (residence signs),
C(religious institutions) and D (real estate signs) has been removed Likewise, the
provision expressly permitting a 20 square foot contractor sign during the construction of
a building has been removed All of these content based sign authorizations potentially
run afoul the Metromedia requirement prohibiting discrimination in favor of commercial
signs. As revised, the by-laws would require a special permit for any standing sign in a
business district.
(4) Signs at gasolinefilling stations and garages. Gasoline filling
stations andma ara es divide the one wall sign affixed to the front wall
g g y
of the building which to theyare entitled as hereinabove provided into
separate wall signs indicating the separate operations or departments of the
business,p rovided however that the total of the widths of the separate
signs shall not exceed the maximum width permitted under this By-Law
for a single wall sign on such wall. In addition, one sign indicating the
brand ofasoline beingsold may be erected of such type, in such location,
g
and in such manner as the SPGA may allow by special permit. The
standard type of gasoline pump bearing thereon, in usual size and form,
the name oreof gasoline and the price thereof shall not be deemed to
�
be a sign within the meaning of this By-Law.
Thisp rovision is unchanged
135-78. Building permits and special permits.
A. Allpersons desiring to erect an outdoor sign in a commercial district shall
g
apply to the BuildingCommissioner or designee for a building permit.
pp y
Building longer re or all outdoor signs. Requiring a building
in g p ermits would no be required.�
permitforoutdoor sign in a residential district is impractical and burdensome.
a simple p
Buildingpermits would continue to be required for outdoor signs in business districts
and for activities (such as the installation of electrical service for lights) that otherwise
require a buildingpermit under the State Building Code.
q
_ 10 -
All applications for permits shall include, at least, a drawing to scale =
B. pp
showing the following:
(1) The proposed sign.
All sins maintained on the premises.
(2) existing g
A lan and a sketch of the building facade indicating the
(3) plotP
location of the proposed and any existing signs. 1._
for construction, li hting, and wiring in accordance
(4)
with the State Building Code.
1.
. . . .• .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( applicable)a licable) and any other applicable laws, by-laws or 1r.
regulations. i.
These provisions are unchanged t..:i.
Specialpermits. In particular instances the SPGA may issue special
D. P
permitslarger
for more or signs are provided rovided 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 the1.
establishment is such that the sign should be permitted in the public interest. In
permission,the SPGA shall specify the size and location of the sign
granting such pe n, P fY
or signs and impose such other terms and restrictions as it may be deemed to be in 1.
theAn blic interest.p uapplicant under this provision shall provide the
Any PP
information required in § 135-78(B) above and specific information in the form of
r ectives renderings,photographs or other representations sufficient to show
perspectives, g3P �' P
the nature of thero sed sign, its effect on the immediate surroundings and the
P Po
reasons for allowingit. In consideringapplications for special permits for
P
signs locatedby a
on land owned or leased religious sect or denomination or
by a nonprofit educational corporation, and used for religious or educational
P rp
purposes,oses,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 L.S.C. §§2000cc et seq. :!..‘:i
(Religious Land Use and Institutionalized Persons Act of 2000).
-- 11 -
The language in bold has been added This language is included to assure compliance
with the nondiscrimination and religious burden-avoidance requirements of state and
federal law as indicated The inclusion of statutory references will help both the SPGA
and special permit applicants locate the full text of the statutes in question.
D. Technical Conforming Amendments. At the suggestion of Town Counsel,
theg
followin technical amendments have been made to other sections of zoning by-laws
in order to conform them to the proposed amended sign by-laws and prevent conflicts:
� p p
§ 135-9(F). Permits for temporary uses.
§135-9(F) 1 ("Temporary use") shall be amended as follows:
(1) Temporary Tem or 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 maybe granted by the special permit granting authority or a
p y
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
g P
proposed use.No temporary use is permitted without a written permit for a time
� p
periodprescribedby
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 maybe required therefor shall be governed by the provisions of
§§ 135-74 through 135-78 rather than this § 135-9.
135-9(F) (2) "Terminology") shall be amended by deleting the words "a sign. "
Section 135-9(F) thezoningycurrently requires ofby-laws that a permit be obtained for
any "temporary use"authorized bythe by-laws, including a sign. The existing language
p �
conflicts with the proposed amended sign by-laws, which would permit the display of
signs in residential areas meeting the default size, height, number and location
requirements without the need for a building permit or a special permit. The addition of
the language in bold to§ 135-9(F)(1), and the deletion of the word "sign" in§135-
9(F)(2), eliminate this conflict
§ 135-39. Height of buildings and structures.
135-39(B) ("Height of structures other than buildings") shall be amended as follows:
(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 g
for buildings height n s in feet as set forth in Table 2. Structures other than
g
buildings, such as antennas, wireless communication facilities that are permitted
asp rovided in Article XV, recreational apparatus,fences and the like may be
- 12 -
located in a required front, rear or side yard provided the height of the structure is
notg reater 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 be not more than six feet, six inches in height) may
pp g may
be located on, or closer to a lot line than six feet; and
(b) A sign ermitted under§ 135-76 may be located in a front yard
without regard to the lot line.
Section 135-39(B) of the zoning by-laws, which regulates the height of structures other
than buildings, currentlyprovides that such structures may be placed in a "required
front, rear or sidey ard, " but only if the structure is no taller than its distance from the lot
line. As applied to a sign, this means that a 4-foot high sign must be located at least 4
pp
feet from the lot line, a 3-foot high sign must be located at least 3 feet from the lot line,
etc. In thep ro osed amended by-laws, this provision would still remain in place for a
p
rearya or and side and In the case of a front yard sign, however, the setback
y
requirement of135-39 B would be superseded by the new§ 135-76(B)(3), which
q � � � p
prescribes a setback of l 0 feet from the edge of the pavement. Depending on the size of
the public right ofwayand the location ofthe front lot line, this distance might be a bit
g
more or a bit less than the distance currently prescribed by§ 135-39(B).
- 13 -
Current Sign By-Laws
Town Meeting Handout
Current Sign By-Laws April 2, 2003
Article II, §135-8—Definitions Relating to Signs
BILLBOARD -- Any sign not an accessory sign, regardless of size.
-- device designed to info direct or attract attention of persons not on the
SIGN Any g �
which the sign is located, provided however that the following shall not be
premises on
included in the a lication of the regulations of this By-Law.
-
pp
A. Flags and insignia of anygovernment, except when displayed in
g
connection with commercial promotion.
B. Legal notices, identification, informational or directional signs erected or
required bygovernmental bodies.
�
C. Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts or moving lights.
- D. Signs directing and guiding idin traffic and parking on private property, but
bearing no advertising matter.
SIGN, ACCESSORY-- Anysign or other advertising device which advertises, calls
to,or indicates the person or activityoccupying the premises on which the sign
attention p
or that advertises the roe or some part of it for sale or lease and which
is erected property�
contains no other advertising matter.
SIGN,NON-ACCESSORY -- Any billboard or sign not an accessory sign.
Any PROJECTING-- sign which is attached to a building and is not parallel to
SIGN,
which it is attached. A sign in contact with the ground is not a projecting sign.
the wall to
-- The size of a sign shall include any SIZE intermediary removable surface to
which it is affixed. The area of a flat two-faced projecting or standing sign is the area of
one face. The width of a sign is its horizontal dimensions even when this is the smaller
dimension.
SIGN,
STANDING-- The term"standingsign" shall include any and every sign that is
erected
on the land. If a sign support holds more than one sign, each such sign is
considered a separate standing sign.
SIG
N WALL -- A sign securely fixed parallel to the face of a building wall.
SIGH WINDOW-- A sign affixed to or placed so as to be viewed through a window or
transparent door. Signs on the interior of an establishment which are intended to be
viewed from inside the establishment are not considered to be window signs even if they
can be seen through a window or door. Displays of merchandise inside of a window are
g p
not considered to be window signs.
Article XIII, sr§135-74 through 135-78--Signs
§ 135-74. Administration.
A. Applicability. All outdoor signs and window signs are subject to the
regulations of this By-Law unless specifically excluded in § 135.75A.
g y
B. Application.
(1) persons All desiringto erect a sign shall apply to the Building
Commissioner or designee for a building permit, except that persons
desiring a sign erect in accordance with § 135-75B or D or 135-77B
need not apply for a permit.
All applications for permits shall include, at least, a drawing to
(2) pp
scale showing the following:
(a) The proposed sign.
(b) All existing signs maintained on the premises.
(c) A plot plan and a sketch of the building facade indicating
the location of the proposed and any existing signs.
S ecifications for construction, lighting, and wiring in(d) p
accordancewith the-State Building Code. t.
C. BuildingCommissioner or designee action. The Building Commissioner
g
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( applicable)a licable) and any other applicable laws, by-laws or
regulations. •
D. Special permits. In particular instances the SPCA may issue special
p p
permitslarger
for more or 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
p �
location of the building with reference to the street or the nature of the
- 2 -
establishment is such that the sign should be permitted in the public interest. In
granting permission,such the SPGA shall specify the size and location of the sign
p
or signs
and impose such other terms and restrictions as it may be deemed to be in
theublic interest. Anyapplicant under this provision shall provide the
p pp
information
f rmation required in Subsection B above and specific information in the form
ofp erspectives, 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.
§ 135-75. General regulations.
section shall apply signs in all tonin
The provisions of this pp y tog districts. Additional
specific regulations for residential and business districts are set forth in §§ 135-76 and
135-77, respectively.
Permitted government or special sins. Any sign owned and installed by a
A g p g
governmental agency or required by any law, governmental order or regulation is
not subject ect to this By-Law. Signs mounted on registered motor vehicles or carried
by hand are not subject to this By-Law.
up one
B. signs,Residences. Two to square foot in area each, are permitted
per residential building indicating the name and address of the occupants therein.
e g g
Religious institutions. Two signs identifying g �'in g churches, synagogues, and
other similar religious uses are permitted on each street frontage, one of which
g
maynot exceed 20 square feet in area and the other of which may not exceed 10
�
square feet in area. One sign may be a standing sign used for notices and
�.
announcements of events at the religious institution.
D. Real estate signs. One real estate sign, not over six square feet in area,
i in the sale or rental o f the premises on which it is located is permitted.
advertising
signs not more than 20 square feet in area and not more than 10 feet in
Real estate
an dimension maybe erected on subdivisions of land as defined in General
y
Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or
buildings in said subdivision, but not more than one sign shall face the same
street.
E.
Illumination. No sign shall be illuminated between the hours of 11:00 p.m.
and 6:00 a.m., except signs on premises s o p en for business, and then only upon
p
issuance specialpermitby
ce of a the SPGA. Exterior illumination of signs shall be
shielded, directed solely at the sign, and be steady and stationary. No internal
illumination of a sign is permitted except upon issuance of a special permit by the
SPGA. The illumination of anysign shall not exceed 150 foot lamberts.
Amended 4-1-1998 ATM by Art, 40]
- 3 ..
F. Signs cannot interfere with traffic. No sign, including window displays, or
its illuminators shall by reason of its location, shape, size or color interfere with
traffic or be confused with or obstruct the view or the effectiveness of any official
traffic sign, traffic signal or traffic marking. No red or green lights shall be used
on any sign if, in the opinion of the Building Commissioner or designee with the
p
advice of the Chief of Police, such lights would create a driving hazard.
G. Construction. No sign shall be painted or posted directly on the exterior
surface of any wall. All exterior, attached signs, except awning signs, shall be
painted, postedsecurely or otherwise affixed to a substantial intermediary
removable surface and such surface shall be securely affixed to the wall of the
building. The foregoing, however, shall not prevent installation of a sign by
individual letters or devices cut into or securely affixed to the exterior wall of a
building,provided that such letters or devices have a minimum depth of
projection of 1/4 of an inch. The construction of the sign shall comply with the
State Building Code.
H. Maintenance. Every sign shall be maintained in good condition. If a sign
shows corrosion or deteriorated paint over 25%of the area of one side or if
damage to the sign causes the loss of 10% of its substance or if the sign suffers
damage or deterioration which creates a risk of harm to the person or property of
another, it shall be repaired or removed.
I. Prohibited signs. The following types of signs are prohibited.
(1) Signs which incorporate in any manner flashing, moving or
intermittent lighting, excluding public service signs showing time and
temperature.
(2) Wind signs, including banners, pennants, spinners, streamers, and
other wind-actuated components. However a single flag or banner, such as
one containing advertising matter, for each establishment or business on
the lot may be allowed in a commercial zoning district provided the Board
of Appeals grants a special permit for it under the provisions of§ 135-
74D. Asp rovided in Subsection A, a government flag is not subject to this
provision. [Amended 4-11-1990 ATM by Art. 3 9]
(3) String lights used in connection with commercial premises with the
exception of temporary lighting for holiday decoration.
(4) Signs erected so as to obstruct any door, openable window or fire
escape on a building.
(5) Billboards or non-accessory signs.
•
_ 4 _
L,
§ 135-76.Residential districts.
A. Multifamilydwellingdevelopments. A sign not exceeding 12 square feet
p
in area isenti in id
ermitted developments in an RM or RD District.
p identifying
§ 135-77.Business districts.
Accessory
signs on business establishments in business districts that comply with the
following provisions are permitted.
A.. Wall signs.
(1) . p pOne principal wall sign is permitted on the front of the
establishment to which it relates. The width of such a sign above the first
floor of a building shall not exceed three feet.
(2) A secondary wall sign may be installed marking a direct entrance
on akin arlot or another street in addition to the front wall sign. There
p g
shall be not more than two such secondary wall signs. Said sign shall have
a width no greater than 50%of the maximum permissible width for the
principal wall sign.
(3) No wall sign shall be more than three feet in overall height,
In buildin s where the frst is substantially above grade and
(4) g story
the basement is only py artiall below street grade, one sign for each level is
allowed if each sign has only 1/2 of the area that would be permitted for a
single sign.
(5) In addition to the above signs each building may have one
directory sign affixed to the exterior wall, window or door of the building.
Such directory sign shall provide not more than one square foot for each .
occupant of the building.
(6)
Wall signs shall either be affixed to a wall and parallel to it or
affixed to the roof above a wall and be parallel to the wall. They shall not
project more than 12 inches from the face of such wall.
(7) No wall sign shall proJ gect above the hi hest line of the main roof
orara et on the wall to which it is attached, whichever is higher.
p p
B. window sins. Removable signs on the inside of windows or transparent
g
doors are permitted.
C. Projecting sins. In particular instances the SPGR.may issue special
J g g
permits for projecting signs in accordance with§ 135-74D, if it is determined that
p J g
_ 5 _
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.No establishment shall be permitted more than one
projecting sign.
D. Standing signs. The following standing signs are permitted:
(1) Standing signs permitted under § 135-75B, C and D.
(2) During the construction of a building a standing sign may be
erected on the premises identifying the building, the owner,the
contractors,the architects and the engineers. Such a sign shall not exceed
20 square feet in area or 10 feet in any direction. Such sign shall be
removed promptly after the completion of the building.
(3) In particular instances the SPGA may issue special permits for
standing signs in accordance with § 135-74D, 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.No establishment shall be permitted more
than one standing sign other than signs directing traffic flow.
E. Signs at gasoline filling stations and garages. Gasoline filling stations and
garages may divide the one wall sign affixed to the front wall of the building to
which they are entitled as hereinabove provided into separate wall signs
indicating the separate operations or departments of the business, provided
however that the total of the widths of the separate signs shall not exceed the
maximum width permitted under this By-Law for a single wall sign on such wall.
In addition, one sign indicating the brand of gasoline being sold may be-erected of
such type, in such location, and in such manner as the SPGA may allow by
special permit. The standard type of gasoline pump bearing thereon, in usual size
and form, the name or type of gasoline and the price thereof shall not be deemed
to be a sign within the meaning of this By-Law.
§ 135-78.Nonconformance of signs.
Signs legally existing on the effective date of this article may continue to be maintained,
provided however that no such sign shall be enlarged.
Article III sr 135-9(F)(1) and(2) —Permits for Temporary Uses
§ 135-9. Enforcement officer; penalty; permits; exemptions.
F. Permits for temporary uses.
- 6-
(1) p �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
emitted without a writtenpermit for a time period prescribed by the
p SPGA or the Building Commissioner or designee or as set forth in this By-
Law.
temporary.
Terminology The term temporary use in this context
shall operation or
h ll mean use, occupancy o f a parcel of land,building or
structure,off-streetarkin. , a sign, or outdoor lighting where the intent
p g
and the nature of the installation are not permanent and it will be removed
or discontinued after the temporary use. A temporary use may be recurrent
p �provided it is for a time period of not more than one month and the time
between the issuance of permits for a recurrent temporary use is at least
two months.
Article VII, § 135-39(B) —Height of Structures Other Than Buildings
135-39. • Height of buildings and structures.
B. Structures other than buildings.
when located on the round,the maximum height of structures,
(1) g
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 arep ermitted as provided in Article XV,
i nal apparatus, fences and the like may o pp 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, except that 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.
- 7 -
Comparison of Current and
Proposed Amended Sign By-Laws
Town Meeting Handout
Comparison of Current and Proposed Amended Sign By-Laws April 2,2003
p p
Article II, 13.E-8--Definitions Related to Signs
BILLBOARD -- Any sign -. . i . . r• i regardless of size, which advertises,
calls attention to orpromotes for commercial purposes any products service or activity
other than one manufactured, sold or engaged in on the premises at which the sign is
located.
NONCOMMERCIAL MESSAGE—Any statement or message, including but not limited
to apolitical election campaign endorsement,that does not advertise, call attention to or
po
promote for commercialpurposes any product, service or activity: and for the display of
P
which no consideration is provided or received.:
-- Anydisplay device, includingbut not limited to a board,placard, poster, flag or
SIGN p Y
banner, which advertises or communicates information to + ■ .a= = :• z
■- ■ .- + - ': - : -
ersons not on the remises on which the sign is located,, provided
p p
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this
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this By Law:
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SIGN ACCESSORY-- Any sign . -- .: :.:- =i -• - which advertises, calls
attention to,or indicates the person or activity occupying the premises on which the sign
is located•efeet advertises therope�Y or some part of it for sale or lease and
p
• r i . •. .. . .+ z + . .-; i- . i ,or contains a lawful, noncommercial message
displayed by an occupant of the premises.
:SIGN, COMMERCIAL—AnY.sign7 regardless of size, which advertises, calls attention
to, or
indicates anycommercial product, service or activity, whether or not manufactured,
sold or premises engaged in the at which the sign is displayed.
SIGN NON-ACCESSORY --Any sign that is not an accessory sign.
SIGN,PROJECTING -- Any sign which is attached to a building and is not parallel to
the wall to which it is attached. A sign in contact with the ground is not a projecting sign.
SIGN SIZE -_ The size of a sign shall include any intermediary removable surface to
which it is affixed. The area of a flat two-faced projecting or standing sign is the area of
one face. The width of a sign is its horizontal dimensions even when this is the smaller
dimension.
SIGN, STANDING-- The term "standing sign" shall include any and every sign that is
erected on the land. If a sign support holds more than one sign, each such sign is
considered a separate standing sign,
SIGN, WALL -- A sign securely fixed parallel to the face of a building wall.
SIGN, WINDOW-- A. sign affixed to or placed so as to be viewed through a window or
transparent door. Signs on the interior of an establishment which are intended to be
viewed from inside the establishment are not considered to be window signs even if they
can be seen through a window or door. Displays of merchandise inside of a window are
not considered to be window signs.
Article XIII, sr§135-74 through 135--78--Signs
§ 135-74. objectives and Applicability
A. Intent. This By-Law is intended to preserve and enhance the historical
ambience and aesthetic character of the town, and to maintain public safety,
consistent with constitutional requirements protecting freedom of speech.
AB. ApplieabilityScope.-All outdoor signs and window signs are subject to the
regulations of this By-Law unless specifically excluded in § 135-74(C)5A.
-C. Exemptions. The following signs are not subject to this By-Law:
(1) Any sign owned and installed by a governmental agency or -
required byany law governmental order or regulation.
q.
(2) Government flags and insignia, except when displayed m
connection with commercial promotion.
(3) Integral decorative or architectural features of buildings, except
letters,trademarks, moving parts or moving lights.
- -
(4) Signs ns mounted on registered motor vehicles or carried by hand.
D. Nonconforming signs. Signs legally existing on the effective date of this
article, or of any amendment hereto, may continue to be maintained;provided
however that any such sign that fails to conform to the current requirements of
this by-law shall not be enlarged, altered, relocated or replaced except in
accordance with the provisions of Article VI.
Note: Thep rovision on nonconforming signs was previously located in§ 135-78 at the
end ofthe signby-laws. The provisions on building permits and special permits have
�
been moved to a new 135-78 entitled "Building permits and special permits. "
B. Application.
(I) All persons desiring to erect a sign--shall apply to the Building
•
a ra ra r .# a =r ■ -++ = ; a•Ea■ ;` ++E r s a ; E
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desiring to erect a sign in accordance with § 135 75B or D or 135-77B
a+# a r r r a Y.a
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#a #■ w a a a w R•
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(a) The proposed sign.
ETD) All existing signs maintained on the premises.
(c) plot plan and a sketch of the building facade indicating
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§ 135.75 General regulations.
Thep
provisions of this section shall apply l to signs in all zoning districts. Additional
specific re lations for residential and business districts are set forth in §§ 135-76 and
p �
135-77, respectively.
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D. Real estate signs. One real estate sign, not over six square feet in area,
a r rt 1 •w w i w . r .^ r .a r w _ . r * ^w ^^ r.w E ^r
^ - r r ■ ..r rw r w w : r .. w r ,, .r r i rw r r
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street.
AE. Illumination.No sign shall be illuminated between the hours of 11:00 p.m.
and 6:00 a.m. except signs on premisesopen o en for business, and then only upon
issuance of a specialpermit bythe SPGA, Exterior illumination of signs shall be
P
shielded, directed solelyat the sign, and be steady and stationary No internal
illumination of a sign is permitted except upon issuance of a special permit by the
SPGA. The illumination of any sign shall not exceed 150 foot lamberts.
BF. Signs cannot interfere with traffic. No sign, including window displays, or
its illuminators shall by reason of its location, shape, size or color interfere with
pedestrian or vehicular traffic or be confused with or obstruct the view or the
effectiveness of any official traffic sign, traffic signal or traffic marking.No red
- 4-
or green lights shall be used on any sign if, in the opinion of the Building
Commissioner or designee with the advice of the Chief of Police, such lights
would create a driving hazard.
CG. Construction.No sign shall be painted or posted directly on the exterior
surface of any wall. All exterior, attached signs, except awning signs, shall be
painted, posted or otherwise securely affixed to a substantial intermediary
removable surface and such surface shall be securely affixed to the wall of the
buildmg foregoing,The fore oin , however, shall not prevent installation of a sign by
individual letters or devices cut into or securely affixed to the exterior wall of a
building, provided that such letters or devices have a minimum depth of
g
projection of 1/4 of an inch. The construction of the sign shall comply with the
�
State Building Code.
Imo. Maintenance. Every sign shall be maintained in good condition. If a sign
shows corrosion or deteriorated paint over 25%of the area of one side or if
damage to the sign causes the loss of 10% of its substance or if the sign suffers
damage or deterioration which creates a risk of harm to the person or property of
another, it shall be repaired or removed.
E. Removal of temporary signs. Signs that advertise or otherwise relate to a -
p �'
particular event (for example, a real estate sign, an election campaign sign or a
yard sale sin shall be removedpromptly, and in no event more than 7 days, after
sign)
the conclusion of the event
F■ window signs■ Removable signs on the inside of windows or transparent
doors are permitted.
IG. Prohibited signs. The following types of signs are prohibited.
(1) Signs which incorporate in any manner flashing, moving or
intermittent lighting, excluding public service signs showing time and
temperature.
wind i.ncludbanners, ennants, spinners, streamers,and
(2) signs, � pennants,
r .r a s r r ; rA r r -r - -- s • _ - a L r ! a r r a-
! . i i a ■a i i ■i ■ a E }� • ! !
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Provision. [Amended 4 44 1990 ATM by Art. 39]
(Th) g liStria hts used in connection with commercial premises with the
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exception of temporary lighting for holiday decoration.
- 5 -
(34) Signs erected so as to obstruct any door, openable window or fire
escape on a building.
(45) Billboards and other emanon-accessory signs.
1 5-76.Residential districts. The provisions of this section shall apply to signs in
§ �
residential districts.
w ! i s . r•
A. The following accessory signs are permitted.
(1) Resident identification sins. Two signs, up to one square foot in
g
area each, er residential building indicating the name and address of the
p
residents therein
Z Multifamil dwellin R develo s ment sin. One si*n, not exceedin
12 square feet in area, identifying a development in an RM or RD district,
q � g-
Real estate sin. One sign advertising the sale or rental of the
(3) g premises
on which it is located, and containing no other advertising
matter.
Subdivision sins. Real estate signs, not more than 20 square feet
(4) g
in area and not more than 10 feet in any dimension, on subdivisions of
land as defined in General Laws, Chapter 41, Section 81-L, solely to
advertise the selling of land or buildings in said subdivision, provided that
g g
not more than one such sign shall face the same street.
Yard or *arae sale si.n. One sin advertisin. a and or .arae
sale on thep remises on which it is located, provided that a yard sale
permit has been duly obtained.
Construction, aintin or remodeling sign. one sign indicating the
(6) painting
names telephone and tele hone number of a contractor currently providing
construction, painting or remodeling services on the premises, and
p g
containing no other advertising matter, provided that permission to display
such sign has first been obtained from the homeowner,
(7) Noncommercial message sins. Accessory signs containing a
noncommercial message and no other advertising matter.
signs.number and location of accessoryns. Unless otherwise provided
B. Size, g
in § 135-76(A),
(1) No sign in a residential district shall exceed 4 square feet in area.
No standing sign shall exceed 4 feet in height.
_ -
(2) No more than 2 standing signs shall be located on a residential .
property at one time.
(3) No part of any standing sign shall be located within 10 feet of the
edge of thepavement of anystreet, obstruct a sidewalk, or otherwise
g
create a safety hazard to pedestrian or vehicular traffic.
(4) No sign shall be located on the roof of any building.
C. Commercial signs, Except to the extent permitted in § 135-76(A)
commercial signs, whether or not accessory to a permitted activity engaged in on
g
thep remises, are prohibited in residential districts.
135-77.Business districts. The provisions of this section shall apply to signs i
business districts.
A. .Accessory signs on business establishments or institutions in business
districts that comply with the following provisions are permitted.
(1) A. Wall signs.
( 4-) p pOne rinci al wall sign is permitted on the front of the
establishment to which it relates. The width of such a sign above
the first floor of a building shall not exceed three feet.
(1)2) A secondary wall sign may be installed marking a direct
entrance on aarkin lot or another street in addition to the front
p g
wall sign. There shall be not more than two such secondary wall
signs. Said sign shall have a width no greater than 50%of the
g
maximump ermis sib le width for the principal wall sign.
(c3) No wall sin shall be more than three feet in overall heightg
(44) In buildings where the first story is substantially above
grade and the basement is only partially below street grade, one
sign for each level is allowed if each sign has only 1/2 of the area
that would be permitted for a single sign.
(es) In addition to the above signs each.building may have one
directory sign affixed to the exterior wall, window or door of the
buildingdirectory. Such sign shall provide not more than one
square foot for each occupant of the building. •
_ g _
(f6) Wall signs shall either be affixed to a wall and parallel to it
or affixed to the roof above a wall and be parallel to the wall. They
shall notJro'ect more than 12 inches from the face of such wall.
P
(0)
No wall sign shall project above the highest line of the
main roof orara et on the wall to which it is attached, whichever
P P
is higher.
a
(2)C. J g Projecting signs._-In particular instances the SPGA may
issue specialpermits for projectingsigns in accordance with § 135-74D, if
P
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 signshould bepermitted in the public interest.No
establishment shall beP ermitted more than one projecting sign.
D-(3)-7 Standing signs._ • r- ! ; • ! - •- 1■
r w r
fl-)----Standing signs permitted under§- 13 5 75B, C and D.
! i i R rK" ■ • ■ • !i ! * r� !
exceed 20 square feet in area or 10 feet in any direction. Such sign
(3) In particular instances the SPGA may issue special permits
for standing signs in accordance with § 135-74D, 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. No establishment shall be permitted more than one
standing sign other than signs directing traffic flow.
(4)E. Signs at gasoline filling stations and garages. Gasoline
fillingstations and garages may divide the one wall sign affixed to the
front wall of the building to which they are entitled as hereinabove
provided into separate wall signs indicating the separate operations or
departments of the business, provided however that the total of the widths
of the separate signs shall not exceed the maximum width permitted under
this By-Law for a single wall sign on such wall. In addition, one sign
indicatingthe brand ofgasoline beingsold may be erected of such type, in
such location, and in such manner as the SPGA may allow by special
permit. The standard type of gasoline pumpbearing thereon, in usual size
- 9 -
-70
and form, the name or type of gasoline and the price thereof shall not be
deemed to be a sign within the meaning of this By-Law.
§ 135-78. Building Permits and Special Permits.
A. All persons desiring to erect an outdoor sign in a commercial district shall
apply to the Building Commissioner or designee for a building permit.tTexeept
77B need not apply for a permit.
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 Subsection 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,
- 10 -
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).
a • ■a : ■ r;; a ■ a a • • a s
� ■i f i t .i i if + i i _� i
w
■ r a i + r■ A w /w a �w w i + i► r a! w ww f r a r i w+ rr r r w r
r i i+i -: • + + r r i w • a r r r w r •�►i
•
r
Article III § 135-9(F)(1) and(2) —Permits for Temporary Uses
§ 135-9. Enforcement officer; penalty; permits; exemptions.
F. Permits for temporary uses.
(I) Temporary use. A building permit or certificate of occupancy p y ma Y
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 specificp eriod of time that is
consistent with the needs of the proposed use. No temporary use is
permitted without a written permit for a time periodp rescribed by the
SPGA or the Building Commissioner or designee or as set forth in this B -
Y
Law;provided, however, that temporary signs and any permits that may
be required therefore shall be governed by the provisions of§§ 135-74
through 135-78 rather than this § 135-9.
(2) Terminology - temporary. The term temporary use in this context
shall mean use, operation or occupancy of a parcel of land, building or
structure, off-street parking, a sign, or outdoor lighting where the intent
and the nature of the installation are not permanent and it will be removed
or discontinued after the temporary use. A temporary use maybe recurrent
provided it is for a time period of not more than one month and the time
between the issuance of permits for a recurrent temporary use is at least
two months.
- 11 -
Article Vii, § 135-39(B) --Height of Structures Other Than Buildings
g
§ 135-39. Height of buildings and structures.
B. Structures other than buildings.
(1) When located on theound the maximum height� � g of Structures,
other than buildings, shall be the highestP oint on the structure and shall
not exceed the maximum height for buildings in feet as set forth in Table
e
2. Structures other than buildings, such as
. g � antennas, wirelesscommunicat on 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
g is not greater
its
than horizontal distance from the lot line;. Notwithstanding this
provision:
(a) exceptnt n A fence or wall notsix greater than feet in
height (except that a supporting post may g be not more than six feet,
six inches in height) may be located o or closer to a lot of line than
six feet. and
(b) A sign permitted under
§ 135-76 may be located in a front
yard without regard to the lot line.:
•
- 12 -
City of Ladue v Gilleo
512 U.S. 43 (1994)
SHORT SUMMARY OF LADE
In 1994,the United States Supreme Court in City of Ladue v. Gilleo, addressed the right of
citizens under the First Amendment to display signs bearing political messages on their own
properties. The cityof Ladue, Missouri had ordinances that prohibited all signs in residential
p
except neighborhoods for those falling within certain exempt categories such as real estate signs.
g
Ms. +Gilleo,who had beenp rohibited from displaying a lawn and window sign bearing a political
message, complained that her First Amendment rights had been violated.
The Supreme Court in its Ladue decision reviewed previous cases involving residential (e.g.
"For Sale") and commercial sign regulations. The Court found Ladue's almost complete sign
g
prohibition to impact free communication and to "almost completely foreclose a venerable means of
communication that is both unique and important." It had "totally foreclosed that medium to
political, religious, or personal reli iousmessages." In particular,the Court noted that "[d]isplaying a sign
from one's own residence often carries a message quite distinct from placing the same sign
somewhere else,"and ruled that prohibition of that medium would violate citizens' First
Amendment rights. The Court did observe, however,that"more temperate measures"regulating
the "tune,p lace or manner" of sign displays "could in large part satisfy Ladue's stated regulatory
needs without harm to the First Amendment rights of its citizens."
Excerpted from TMA Warrant Information Report 2003
NOTICE:This opinion is subject to formal revision before publication in the preliminary
print of the United States Reports. Readers are requested to notify the
Reporter of Decisions,Supreme Court of the United States.W ash-ingtan,D.C.
20543,of any typographical or other formal errors. in order that corrections
may be made before the pre him inary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 92-1856
CITY OF LADUE,E ,PETITIONERS v.
MARGARET P. GILLED
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT
[June 13, 1994]
JUSTICE STEVES delivered the opinion of the Court.
An ordinance of the City of Ladue prohibits homeowners from
displaying any signs on their property except "residence
identification" signs, "for sale" signs, and signs warning of
safety hazards. The ordinance permits commercial establishments,
churches, and nonprofit organizations to erect certain signs that
are not allowed at residences. The question presented is whether
the ordinance violates a Ladue resident's right to free speech,'
•
Respondent Margaret P. Gilleo owns one of the 57 single-
family homes in the Willow Hill subdivision of Ladue.2 On
December 8, 1990,she placed on her front lawn a 24- by 36-inch
sign printed with the words "Say
The First Amendment provides: "Congress shall make no law. . . abridging
the freedom of speech,or of the press. . ."The Fourteenth Amendment makes
this limitation applicable to the States,see Gitlow v-New York,268 U. S. 652
(1925),and to their political subdivisions,see Lovell v• Griffin,303 U. S.444
(1938).
2 Ladue is a suburb of St. Louis,Missouri. It has a population of almost 9,000,
and an area of about 8.5 square miles,of which only 3%is zoned for commercial
or industrial use.
92-1856—OPINION
2 CPI OF LADUEv.CILLO
No to War in the Persian Gulf, Call Congress Now." After that
sign disappeared,Gilleo put up another but it was knocked to the
ground. When Gilleo reported these incidents to the police, they
advised her that such signs were prohibited in Ladue. The City
Council denied her petition for a variance. Gilleo then filed this
action under 42 U. S. C. § 1983 against the City, the Mayor, and
members of the City Council,alleging that Ladue's sign ordinance
violated her First Amendment right of free speech.
The District Court issued a preliminary injunction against
enforcement of the ordinance. 774 F. Supp. 1559 (ED Mo.
1991). Gilleo then placed an 8.5- by 11-inch sign in the second
story window of her home stating,"For Peace in the Gulf." The
Ladue City Council responded to the injunction by repealing its
ordinance and enacting a replacement.4 Like its predecessor, the
new ordinance contains a general prohibition of "signs" and
defines that term broadly.5 The ordinance prohibits all signs
except those that fall within one of ten exemptions. Thus,
3The ordinance then in effect gave the Council the authority to "permit a
variation in the strict application of the provisions and requirements of this
chapter. . . where the public interest will be best served by permitting such
variation." App. 72.
4The new ordinance eliminates the provision allowing for variances and
contains a grandfather clause exempting signs already lawfully in place.
'Section 35-2 of the ordinance declares that "No sign shall be erected [or]
maintained" in the City except in conformity with the ordinance; §35-3
authorizes the City to remove nonconforming signs. App.to lit. for Cert.40a.
Section 35--1 defines"sign"as:
"A name, word, letter, writing, identification, description, or illustration
which is erected,placed upon,affixed to,painted or represented upon a building
or structure,or any part thereof,or any manner upon a parcel of land or lot, and
which publicizes an object, product, place, activity, opinion, person,
institution,organization or place of business, or which is used to advertise or
promote theinterests of any person. The word'sign'shall also include'banners',
'pennants', 'insignia', `bulletins boards', `ground signs', 'billboard, 'poster
billboards', 'illuminated signs', 'projecting signs', 'temporary signs',
'marquees','roof signs','yard signs',`electric signs','wall signs',and'window
signs',wherever placedout of doors in view of the general public or wherever
placed indoors as a window sign."Id.,at 39a.
92-1856---OPINION
CITY OF LADLE v.GILLED 3
"residential identification signs" no larger than one square foot
are allowed,as are signs advertising "that the property is for sale,
lease or exchange" and identifying the owner or agent. §35-10,
App. to Pet. for Cert. 45a. Also exempted are signs "for
churches, religious institutions, and schools," " [c]ommercial
signs in commercially or industrial zoned districts," and on-site
signs advertising "gasoline filling stations." 6 Unlike its
predecessor, the new ordinance contains a lengthy "Declaration
of Findings, Policies, Interests, and Purposes," part of which
recites that the
"proliferation of an unlimited number of signs in private,
residential, commercial, industrial, and public areas of the
City of Ladue would create ugliness,visual blight and clutter,
tarnish the natural beauty of the landscape as well as the
residential and commercial architecture, impair property
values, substantially impinge upon the privacy and special
ambience of the community,and may cause safety and traffic
hazards to motorists, pedestrians, and children[d" Id., at
36a.
Gilleo amended her complaint to challenge the new ordinance,
which explicitly prohibits window signs like hers. The District
Court held the ordinance unconstitutional, and the Court of
Appeals affirmed. 986 F. 2d 1180 (CA8 1993). Relying on the
6The full catalog of exceptions,each subject to special size limitations, is as —
follows: "municipal signs";"[s]ubdivision and residence identification"signs;
"[r]oad signs and driveway signs for clanger, direction, or identification";
"[Wealth inspection signs"; "[s]igns for churches, religious institutions, and
schools"(subject to regulations set forth in §35--5); "identification signs"for
other not-for-profit organizations; signs "identifying the location of public
transportation stops"; "[g]round signs advertising the sale or rental of real
property,"subject to the conditions,set forth in §35-10, that such signs may
"not be attached to any tree,fence or utility pole"and may contain only the fact
of proposed sale or rental and the selleror agent's name and address or telephone
number; "[c]ommercial signs in commercially zoned or industrial zoned
districts,"subject to restrictions set out elsewhere in the ordinance; and signs
that"identify]safety ha7irds." §35-4 id.,at 41a,45a.
92--1856-OPINIO
4 CIr'OF LADUEv.GILLEO
plurality opinion in Metromedia, Inc. v.San Diego, 453 U. S. 490
(1981), the Court of Appeals held the ordinance invalid as a
"content based" regulation because the City treated commercial
speech more favorably than noncommercial speech and favored
some kinds of noncommercial speech over others. Id., at 1182.
Acknowledging that "Ladue's interests in enacting its ordinance
are substantial," the Court of Appeals nevertheless concluded that
those interests were "not sufficiently `compelling' to support a
content-based restriction." Id., at 1183-1184 (citing Simon &
Schuster, Inc. v. New York Crime Victims Bd., 502 U. S. ,
(1991)) (slip op.,at 11).
We granted the City of Ladue's petition for certiorari,510 U. S.
(1993),and now affirm.
i
While signs are a form of expression protected by the Free
Speech Clause,they pose distinctive problems that are subject to
municipalities' police powers. Unlike oral speech, signs take up
space and may obstruct views, distract motorists, displace alterna-
tive uses for land, and pose other problems that legitimately call
for regulation. It is common ground that governments may
regulate the physical characteristics of signs—just as they can,
within reasonable bounds and absent censorial purpose, regulate
audible expression in its capacity as noise. See, e.g., Ward v.
Rock Against Racism, 491 U. 5. 781 (1989); Kovacs v. Cooper,
336 U. S. 77 (1949). However, because regulation of a medium
inevitably affects communication itself,it is not surprising that we
have had occasion to review the constitutionality of municipal
ordinances prohibiting the display of certain outdoor signs.
In Linmark Associate. Inc. v. Willingboro,431 U. S.85 (1977),
we addressed an ordinance that sought to maintain stable,
integrated neighborhoods by prohibiting homeowners from
placing "For Sale" or "Sold" signs on their property. Although
we recognized the importance of willingboro's objective, we held
that the First Amendment prevented the township from
"achieving its goal by restricting the free flow of truthful
information." Id., at 95. In some respects Linmark is the mirror
92-1856-OPINION
Y OF LADLE v.GILLED 5
image of this case. For instead of prohibiting "For Sale" signs
without banning any other signs,Ladue has exempted such signs
from an otherwise virtually complete ban. Moreover, whereas in
Linmark we noted that the ordinance was not concerned with the
promotion of aesthetic values unrelated to the content of the
prohibited speech, id., at 93-94, here Ladue relies squarely on
that content-neutral justification for its ordinance.
In Metromedia, we reviewed an ordinance imposing substantial
prohibitions on outdoor advertising displays within the City of
San Diego in the interest of traffic safety and aesthetics. The
ordinance generally banned all except those advertising "on-site"
activities.' The Court concluded that the City's interest in traffic
safety and its aesthetic interest in preventing "visual clutter"
could justify a prohibition of off-site commercial billboards even
though similar on-site signs were allowed. 453 U. S.,at 511-512.'
Nevertheless,the Court's judgment in Metromedia, supported by
two different lines of reasoning, invalidated the San Diego
ordinance in its entirety. According to Justice White's plurality
opinion, the ordinance impermissibly discriminated on the basis
of content by permitting on-site commercial speech while broadly
prohibiting noncommercial messages. Id., at 514-515. On the
other hand, Justice Brennan, joined by JUSTICE BLACKMUN,
concluded "that the practical effect of the San Diego ordinance
[was] to eliminate the billboard as an effective medium of
communication" for noncommercial messages, and that the city
had failed to make the strong showing needed to justify such
"content-neutral prohibitions of particular media of
communication." Id., at 525-527 The three dissenters also
viewed San Diego's ordinance as tantamount to a blanket
prohibition of billboards,but would have upheld it because they
did not perceive "even a hint of bias or censorship in the city's
actions" nor "any reason to believe that the overall
communications market in San Diego is inadequate." Id., at
552-553 (Svs J dissenting in part). See also id.,at 563,566
92-1856—OPINION
6 CITY OF L DUE,=.GIS
(Burger, C. J., dissenting); id., at 569-570 (REHNQUIST, J•,
dissenting).
In City Council of Los Angeles v. Taxpayers dor Vincent, 466
U. S. 789 (1984), we upheld a Los Angeles ordinance that
prohibited the posting of signs on public property. Noting the
conclusion shared by seven Justices in Metromedia that San
Diego's "interest in avoiding visual clutter" was sufficient to
justify a prohibition of commercial billboards,id., at 806-807,in
Vincent we upheld the Los Angeles ordinance,which was justified
on the same grounds. We rejected the argument that the validity
of the City's aesthetic interest had been compromised by failing to
extend the ban to private property, reasoning that the "private
citizen's interest in controlling the use of his own property justifies
the disparate treatment." Id., at 811. We also rejected as
"misplaced" respondents' reliance on public forum principles,
for they had "failed to demonstrate the existence of a traditional
right of access respecting such items as utility poles . . . compa-
rable to that recognized for public streets and parks." Id., at 814.
These decisions identify two analytically distinct grounds for
challenging the constitutionality of a municipal ordinance
regulating the display of signs. One is that the measure in effect
restricts too little speech because its exemptions discriminate on
7The San Diego ordinance defined"on-site signs"as "-those designating the
name of the owner oroccupant of the premises upon which such signs are placed,
or identifying such premises; or signs advertising goods manufactured or
produced or sere ices rendered on the premises upon which such signs ale placed"
Metromed is lnc.V.San Diego,453 U. S.490, 494 (1981). The plurality read
the"on-site"exemption of the San Diego ordinance as inapplicable to non-
commercial messages. See id., at 513. Cf. id., at 535-536 (Brennan, J.,
concurring in judgment). The ordinance also exempted 12 categories of displays,
including religious signs; for sale signs; signs on public and commercial
vehicles;and"`[tlemporary political campaign signs.",fid.,at 495,n. 3.
8Five members of the Court joined Part IV of Justice White's opinion, which
approved of the City's decision to prohibit off-site commercial billboards while
permitting on-site billboards. None of the three dissenters disagreed with Part
IV. See id.,at 541 (STEVENS,J.,dissenting in part)(joining it);id.,at 564 565
(Burger,G. J.,dissenting);id.,at 570(REHNQutsT,J.,dissenting).
92-1856—OPINION
CITY OF LADUEv,GIWD 7
the basis of the signs' messages. See Metromedia, 453 U. S., at
512-517 (opinion of White,J.). Alternatively,such provisions are
subject to attack on the ground that they simply prohibit too
much protected speech. See id., at 525-534 (Brennan, J.,
concurring in judgment). The City of Ladue contends,first, that
the Court of Appeals' reliance on the former rationale was
misplaced because the City's regulatory purposes are content-
neutral, and, second, that those purposes justify the
comprehensiveness of the sign prohibition. A comment on the
former contention will help explain why we ultimately base our
decision on a rejection of the latter.
•
While surprising at first glance, the notion that a regulation of
speech may be impermissibly underinclusive is firmly grounded
in basic First Amendment principles.9 Thus, an exemption from
an otherwise permissible regulation of speech may represent a
governmental "attempt to give one side of a debatable public
question an advantage in expressing its views to the people."
First Nat. Bank of Boston v. Belloti, 435 U. S. 765, 785-786
(1978). Alternatively through the combined operation of a
general speech restriction and its exemptions, the government
might seek to select the "permissible subjects for public debate"
and thereby to "control . . . the search for political truth."
Consolidated Edison Co. of N.Y. v. Public Service Comm'n of N.Y.
447 U. S. 530,538 (1980).10
9Like other classifications, regulatory distinctions among different kinds of
speech may fall afoul of the Equal Protection Clause. See,e.g.,Carey v. Brown,
447 U. S. 455, 459-471 (1980) (ordinance that forbade certain kinds of
picketing but exempted labor picketing violated Clause);PoliceEept.ofChicago
v.Mosley,408 U. S.92,98-102(1972)(same).
'°Of course,not every law that turns on the content of speech is invalid See
generally Stone, Restrictions of Speech Because of its Content: The Peculiar
Case of Subject-Matter Restrictions, 46 U. Chi. L. Rev. 79 (1978). See also •
Consolidated Edison Co ofNY%• PublicService Commit?of NY.,447 U. S., at
545,and n. 2(STEvE\s,J.,concurring in judgment).
92-1856---OPINION
8 CITY OF LADUE E��GILLED
The City argues that its sign ordinance implicates neither of
these concerns, and that the Court of Appeals therefore erred in
demanding a "compelling" justification for the exemptions. The
mix of prohibitions and exemptions in the ordinance, Ladue
maintains,reflects legitimate differences among the side effects of
various kinds of signs. These differences are only adventitiously
connected with content, and supply a sufficient justification,
unrelated to the City's approval or disapproval of specific
messages,for carving out the specified categories from the general
ban. See Brief for Petitioner 18--23. Thus, according to the
Declaration of Findings, Policies, Interests, and Purposes
supporting the ordinance, the permitted signs, unlike the
prohibited signs, are unlikely to contribute to the dangers of
"unlimited proliferation" associated with categories of signs that
are not inherently limited in number. App. to Pet.for Cert. 37a,
Because only a few residents will need to display "for sale" or
"for rent" signs at any given time, permitting one such sign per
marketed house does not threaten visual clutter. Ibid. Because
the City has only a few businesses,churches,and schools,the same
rationale explains the exemption for on-site commercial and
organizational signs. Ibid. Moreover, some of the exempted
categories(e.g.,danger signs) respond to unique public needs to
permit certain kinds of speech. Ibid. Even if we assume the
validity of these arguments,the exemptions in Ladue's ordinance
nevertheless shed light on the separate question of whether the
ordinance prohibits too much speech.
Exemptions from an otherwise legitimate regulation of a
medium of speech may be noteworthy for a reason quite apart
from the risks of viewpoint and content discrimination: they may
diminish the credibility of the government's rationale for
restricting speech in the first place. See, e.g.} Cincinnati v.
Discovery Network Inc., 507 U. S. , (1993) (slip op., at
13-16). In this case, at the very least, the exemptions from
Ladue's ordinance demonstrate that Ladue has concluded that the
interest in allowing certain messages to be conveyed by means of
residential signs outweighs the City's aesthetic interest in
eliminating outdoor signs. Ladue has not imposed a flat ban on
92--1856—OPINION
CJT\ OF LADLE v.GILD 9
signs because it has determined that at least some of them are too
vital to be banned.
Under the Court of Appeals' content discrimination rationale,
the City might theoretically remove the defects in its ordinance by
simply repealing all of the exemptions. If,however,the ordinance
is also vulnerable because it prohibits too much speech, that
solution would not save it. Moreover, if the prohibitions in
Ladue's ordinance are impermissible, resting our decision on its
exemptions would afford scant relief for respondent Gilleo. She
is primarily concerned not with the scope of the exemptions
available in other locations, such as commercial areas and on
church property. She asserts a constitutional right to display an
antiwar sign at her own home. Therefore, we first ask whether
Ladue may properly prohibit Gilleo from displaying her sign,and
then,only if necessary, consider the separate question whether it
was improper for the City simultaneously to permit certain other
signs. In examining the propriety of Ladue's near-total
prohibition of residential signs, we will assume, arguendo, the
validity of the City's submission that the various exemptions are
free of impermissible content or viewpoint discrimination.
11 Because we set to one side the content discrimination question, we need not
address the City's argument that the ordinance, although speaking in subject-
matter terns,merely targets the"undesirable secondary effects"associated with
certain kinds of signs. See Renton v• PlaytimeTheatres,Inc.,475 U. S. 41, 49
(1986). The inquiry we undertake below into the adequacy of alternative channels
of communication would also apply to a provision justified on those grounds.
See id.,at 50.
92-1856-OPINION
10 CITY OF LADLE v.GII E0
•
In Linmark we held that the City's interest in maintaining a
stable, racially integrated neighborhood was not sufficient to
support a prohibition of residential "For Sale" signs. We
recognized that even such a narrow sign prohibition would have a
deleterious effect on residents' ability to convey important
information because alternatives were "far from satisfactory."
431 U. S.,at 93. Ladue's sign ordinance is supported principally
by the City's interest in minimizing the visual clutter associated
with signs, an interest that is concededly valid but certainly no
more compelling than the interests at stake in Linmark. Moreover,
whereas the ordinance in Linmark applied only to a form of
commercial speech, Ladue's ordinance covers even such
absolutely pivotal speech as a sign protesting an imminent
governmental decision to go to war.
The impact on free communication of Ladue's broad sign
prohibition, moreover, is manifestly greater than in Linmark.
Gillen and other residents of Ladue are forbidden to display
virtually any "sign" on their property. The ordinance defines
that term sweepingly. A prohibition is not always invalid merely
because it applies to a sizeable category of speech;the sign ban we
upheld in Vincent, for example,was quite broad. But in Vincent
we specifically noted that the category of speech in
question—signs placed on public property—was not a "uniquely
valuable or important mode of communication," and that there
was no evidence that "appellees' ability to communicate
effectively is threatened by ever-increasing restrictions on
expression." 466 U. S.,at 812.
Here, in contrast, Ladue has almost completely foreclosed a
venerable means of communication that is both unique and
important. It has totally foreclosed that medium to political,
religious, or personal messages. Signs that react to a local
happening or express a view on a controversial issue both reflect
and animate change in the life of a community. Often placed on
lawns or in windows, residential signs play an important part in
political campaigns,during which they are displayed to signal the
92--1856—OPINION
CITY OF LADLE v.GILLE) 11
resident's support for particular candidates, parties, or causes.`
They may not afford the same opportunities for conveying
complex ideas as do other media, but residential signs have long
been an important and distinct medium of expression.
Our prior decisions have voiced particular concern with laws
that foreclose an entire medium of expression. Thus, we have
held invalid ordinances that completely banned the distribution of
pamphlets within the muncipality,Lovell v. Griffin,303 U. S. /111,
451-452 (1938); handbills on the public streets,Jamison v. Texas,
318 U. S. 413, 416 (1943); the door-to-door distribution of
literature, Martin v. Struthers, 319 U. S. 141, 145-149 (1943);
Schneider v. State, 308 U. S. 147, 164-165 (1939), and live
entertainment, Schad v. Mount Ephraim, 452 U. S. 61, 75-76
(1981). See also Frisby v. Schultz, 487 U. S. 474, 486 (1988)
(picketing focused upon individual residence is "fundamentally
different from more generally directed means of communication
that may not be completely banned in residential areas").
Although prohibitions foreclosing entire media may be
completely free of content or viewpoint discrimination,the danger
they pose to the freedom of speech is readily apparent—by
eliminating a common means of speaking, such measures can
suppress too much speech!'
'2"[S]mall [political campaign]posters have maximum effect when they go up
in the windows of homes,for this demonstrates that citizens of the district are
supporting your candidate—an impact that money can't buy." D. Simpson,
Winning Elections: A Handbook in Participatory Politics 87(rev. ed. 1981).
;3 See Stone, Content-Neutral Restrictions, 54 U. Chi. L Rev. 46, 57-58
(1987):
"[The Court long has recognized that by limiting the availability of particular =
means of communication,content-neutral restrictions can significantly impair
the ability of individuals to communicate their views to others To
ensure'the widest possible dissemination of information' [Associated Press v.
United States,326 U. S. 1,20(1945),]and the`unfettered interchange of ideas,'
[Roth v. United States, 354 U. S. 476, 484 (1957),1 the first amendment
prohibits not only content-based restrictions that censor particular points of
view,but also content-neutral restrictions that unduly constrict theopportunities
for free expression."
92-1856—OPINION
12 Com'OF L&DUE�•GLLE0
Ladue contends,however,that its ordinance is a mere regulation
of the "time, place, or manner" of speech because residents
remain free to convey their desired messages by other means,such
as hand-held signs, "letters, handbills, flyers, telephone calls,
newspaper advertisements, bumper stickers, speeches, and
neighborhood or community meetings." Brief for Petitioners 41.
However,even regulations that do not foreclose an entire medium
of expression, but merely shift the time, place, or manner of its
use, must "leave open ample alternative channels for
communication." Clark v. Community for Creative Non-Violence, -
468 U. S. 288,293 (1984). In this case,we are not persuaded that
adequate substitutes exist for the important medium of speech that
Ladue has closed off.
Displaying a sign from one's own residence often carries a
message quite distinct from placing the same sign someplace else,
or conveying the same text or picture by other means. Precisely
because of their location, such signs provide information about
the identity of the "speaker." As an early and eminent student of
rhetoric observed, the identity of the speaker is an important
component of many attempts to persuade." A sign advocating
"Peace in the Gulf" in the front lawn of a retired general or
decorated war veteran may provoke a different reaction than the
same sign in a 10-year-old child's bedroom window or the same
message on a bumper sticker of a passing automobile. An
espousal of socialism may carry different implications when
displayed on the grounds of a stately mansion than when pasted
on a factory wall or an ambulatory sandwich board.
Residential signs are an unusually cheap and convenient form
of communication. Especially for persons of modest means or
limited mobility, a yard or window sign may have no practical
substitute. Cf. Vincent,466 U. S.,at 812-813,n. 30;Anderson v.
Celebrez e, 460 U. S. 780, 793-794 (1983); Martin v. Struthers,
14 See Aristotle 2,Rhetoric, Book 1, ch. 2, in 8 Great Books of the Western
World, Encyclopedia Brittanica 595 (M. Adler ed, 2d ed 1990)("We believe
good men more fully andmore readily than other: this is trtr generally whatever
the question is, and absolutely true where exact certainty is impossible and
opinions are divided").
92-1856--OPINION
CITY OF LADUEv.GILLE0 13
318 U. S.,at 146;Milk Wagon Drivers v. Meadowrnoor Dairies,
Inc., 312 U. S. 287,293 (1941). Even for the affluent, the added
costs in money or time of taking out a newspaper advertisement,
handing out leaflets on the street, or standing in front of one's
house with a hand-held sign may make the difference between
participating and not participating in some public debate.'
Furthermore,a person who puts up a sign at her residence often
intends to reach neighbors,an audience that could not be reached
nearly as well by other means.'6
A special respect for individual liberty in the home has long
been part of our culture and our law,see,e.g., Payton v.New York,
445 U. S. 573,596--597,and nn. 44-45 (1980); that principle has
special resonance when the government seeks to constrain a
person's ability to speak there. See Spence v. Washington, 418
U. S. 405,406,409,411 (1974) (per curiarn). Most Americans
would be understandably dismayed, given that tradition, to learn
that it was illegal to display from their window an 8- by 11-inch
sign expressing their political views. Whereas the government's
'5The precise location of many other kinds of signs (aside from "on-site"
signs) is of lesser communicative importance. For example, assuming the
audience is similar,a commercial advertiser or campaign publicist is likely to be
relatively indifferent between one sign site and another. The elimination of a
cheap andhandy mediumof expression is especially apt to deter individuals from
communicating their views to the public, for unlike businesses (and even
political organizations)individuals generally realize few tangible benefits from
such communication. Cf. Virginia BharmacyBd.v Virginia Citizens Consumer
Council,Inc.,425 U. S.748,772,n. 24(1976)("Since advertising is the sine
qua non of commercial profits,there is little likelihood of its being chilled by
proper regulation and foregone entirely").
"6Counsel for Ladue has also cited flags as a viable alternative to signs.
Counsel observed that the ordinance does not restrict flags of any stripe,
including flags bearing written messages. See Tr. of Oral Arg. 16, 21 (noting
that rectangular flags,unlike"pennants"and'banners,"are not prohibited by the
ordinance). Even assuming that flags are nearly as affordable and legible as
signs,we do not think the mere possibility that another medium could be used in
an unconventional manner to carry the same messages alters the fact that Ladue
has banned a distinct and traditionally important medium of expression. See,e.
g.,Schneider v. State,308 U. S. 147, 163(1939).
mss:•
92-1855—OPINION
14 CITE'OF LADUE GLS
need to mediate among various competing uses, including
expressive ones,for public streets and facilities is constant and
unavoidable,see Cox v. New Hampshire, 312 U. S. 569, 574, 576
(1941) see also Willmar v. Vincent, 454 U. S. 263, 278 (1981)
(STEvE.S, J., concurring in judgment), its need to regulate
temperate speech from the home is surely much less pressing, see
Spence, 418 U. S.,at 409.
Our decision that Ladue's ban on almost all residential signs
violates the First Amendment by no means leaves the City
powerless to address the ills that may be associated with residential
signs.' It bears mentioning that individual residents themselves
have strong incentives to keep their own property values up and to
prevent "visual clutter" in their own yards and neighbor-
hoods—incentives markedly different from those of persons who
erect signs on others' land,in others' neighborhoods,or on public
property. Residents' self-interest diminishes the danger of the
"unlimited" proliferation of residential signs that concerns the
City of Ladue. We are confident that more temperate measures
could in large part satisfy Ladue's stated regulatory needs without
harm to the First Amendment rights of its citizens. As currently
framed,however,the ordinance abridges those rights.
Accordingly,the judgment of the Court of Appeals is
Affirmed.
'7Igor do we hold that every kind of sign must be permitted in residential areas.
Different considerations might well apply, for example, in the case of signs
(whether political or otherwise)displayedby residents for a fee,or in the case of
off-site commercial advertisements on residential property. We also are not
confronted here with mere regulations short of a ban.