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Town of Mashpee May 6, 1997 Annual Town Meeting 604 voters present Quorum 0 Article 38. To see if the Town will vote to amend the Zoning By-law as follows: By amending Article II Definitions,§ 174-3,by inserting the following definition after MARINA and before NONCONFORMING LOT: "NONCOMMERCIAL SIGN- A sign that does not direct attention to a business or to a service or commodity for sale, and is of a political,religious and/or ideological nature. And by amending Article X(Signs)as follows: A. Section 174-51B currently reads: New Signs. A new sign shall not hereafter be erected, constructed, altered or maintained except as herein provided and until after a permit has been issued by the Building Inspector and the bond, if required, shall have been filed in accordance with Section 174-57. Signs over twenty (20) square feet, existing as of the effective date of this chapter shall have their continued use subject to the issuance of a permit from the Building Inspector. The deadline for obtaining such a permit is September 1, 1985. Any sign over six (6) square feet in a commercial or industrial zoning district, or in a commercial, office or industrial use in a residential zoning district, shall require review and comment by the Design Review Committee prior to the issuance of a permit for said sign by the Building Inspector. I. Deleting the second sentence in Section 174-5113 and replacing it with: Pre-existing permitting signs may continue,all other signs must be permitted as required by this Bylaw. Any sign allowed under this Bylaw may,in lieu of any specified copy,contain any otherwise lawful,noncommercial message that does not direct attention to a business or to a service or to a commodity for sale. Explanation: To reflect changes to this article,as it currently refers to 1985. The second sentence provides for on-premise signs(as regulated§174-54 and§ 174-55)that contain non-commercial messages involving religious,political,or other ideological statements. Such speech has been found to be protected under First Amendment rights and the regulation of such speech would violate the constitution. The Town's Sign By- law is also to be changed, deleting the section regulating time limits on political signs,as such signs are protected by the First Amendment. H. Also by making the following changes to the last sentence of Section 174-51B: All signs over six(6)square feet shall require review and comment by the Design Review Committee prior to the issuance of a permit for said sign by the Building Inspector. Explanation: Changing any to all provides more clarity. Deleting specifically identified areas will provide that all signs over six square feet can have Design Review comment and review. B. Section 174-51D currently reads: New signs exceeding twenty(20) square feet require a special permit from the Board of Appeals, in accordance with Article VI. By moving the text of Section 174-51D to the last sentence of Section 174-51B with the following change: All signs exceeding twenty (20) square feet require a special permit from the Board of Appeals, in accordance with Article VI. Explanation:Provide clarity and make article more coherent. C. Section 174-52G currently reads: Window neon-type signs advertising products are not permitted. By deleting Section 174-52G.