(a)

The purpose of this article is to promote and protect public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and all outdoor signs of all types. It is intended to protect property values, create a more attractive economic business climate by allowing sufficient freedom to identify and promote the availability of goods and services, enhance and protect the physical appearance of the city and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by unsafe signs, curb the deterioration of the natural environment, and enhance community development.

(b)

This article authorizes the regulation of signs with regard to size, lighting, layout, style, typography, and arrangements compatible with their surroundings, appropriate to the identification of individual properties, occupants, or of the community, and as appropriate to traffic safety. Authority for this article is granted under the G.L. 1956, Chapter 45-24. Signs and appurtenances shall be contained within the legal boundaries of the property on which the sign is located.

(c)

This article authorizes the installation and/or replacement and/or alteration to a sign or signs and/or requires the removal of obsolete and abandoned signs in order to provide for the orderly, harmonious and aesthetic display of signs within the city; ensure that signs are an effective means of communication which adequately identifies uses, activities and enterprises for the convenience of the public; avoid the erection of signs which produce deleterious light impacts to adjoining properties and roadways; encourage a positive visual environment; create an attractive environment which is conducive to business, industry and tourism, and improve and maintain the visual quality of commercial areas, which promotes the economic interests of the city, and promote the physical health, safety and welfare of the public.

(d)

No sign shall be erected without the issuance of a building permit having first been approved by the permitting authority under either development plan review or as a land development project review. For properties located within the located with the East Providence Waterfront Special Development District and seeking permission to erect a sign or signs, applicants shall follow the processes of Article IX, Waterfront Special Development.

(e)

Rhode Island General Laws § 24-7-1 "Sidewalks" grants the city the authority and power to make ordinances and regulations relative to the altering or repairing thereof, to the use, to the removal of posts, steps, and other obstructions therein, and to the maintenance and removal of awnings, signs and other structures projecting over the sidewalk. Signs shall be contained within the legal boundaries of the property on which the sign is located, and shall not be located on the public sidewalk.

(f)

The requirements of this article shall be enforced by the zoning officer in accordance with the rules, regulations and practices of the city.

(Ch. 419, § I, 3-20-07; Ch. 914, § I(Att.), 12-19-23)

(a)

Permitted signs. The following signs are permitted and are exempt from the application process provided that they are not threat to public health, safety or welfare:

(1)

Historical designation plaques for local, state, or national designated properties or structures of historic significance.

(2)

Church, school or other public use may have one sign, not to exceed a total area of 15 square feet.

(3)

Real estate signs advertising sale or rent, or signs naming the builder, architect, developer or engineer of a project for which a building permit is in effect and the work is in progress, placed on the promises, not exceeding six square feet. Only one residential real estate sign per lot shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 20 square feet in area. All residential, commercial and industrial signs shall be removed within seven days of the sale or lease of the property or unit, or completion of the project for which the sign was placed.

(4)

Residence signs, not exceeding a total of two square feet, displaying the name and address of the occupant or resident of the premises or pertaining to a permitted accessory use.

(5)

Signs prohibiting trespass, hunting, and the like, warning signs of danger, such as high voltage, and necessary public utility signs, not to exceed and area of two square feet.

(6)

Adoptees of Adopt-an-Island Program, sponsor signs sold to advertisers, sponsors or boosters of youth sports teams or leagues which are placed within a field, stadium or arena and otherwise meet all applicable sections of city ordinances and regulations.

(7)

Temporary signs for nonprofit or charitable organizations, including exterior messages for national and state holidays, provided, however, that no such temporary sign may be erected for a period of more than 30 days. In all residential districts, such signs shall be limited to nine square feet and setback a minimum of ten feet from any property line.

(8)

Traffic and other governmental signs, erected by any public safety agency in the discharge of any governmental function. Such signs may be illuminated. The city council shall have sole discretion as to the suitability of all signs erected, or to be erected on city-owned property, under lease of private enterprise, or otherwise. Any person wishing to place a sign on or over city property shall make a request to the city council.

(b)

General provisions.

(1)

Obsolete, abandoned, or defunct signs. Any sign advertising, an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located and identifying a business or organization which is either defunct or no longer located on the premises must be physically removed, not just covered over, with 30 days of the business or organization closing or moving.

(2)

Any sign authorized and/or having received prior approvals under this article may contain a noncommercial message constituting a form of expression.

(3)

Severability. This article and its various parts are hereby declared to be severable. If any section, clause, provision or portion of this article is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of either this article as a whole or any parts not declared invalid or unconstitutional.

(4)

Conflict. If any part of this article is found to be in conflict with any other ordinance of the city, the most restrict or highest standard shall prevail.

(Ch. 419, § I, 3-20-07; Ch. 506, § X, 7-20-10; Ch. 576, § I, 4-16-13)

All signs that are not specifically permitted in this article, or exempt from regulation hereunder, including, but not limited to, the following types of signs, are prohibited:

(a)

Captive balloon and inflatable signs. This includes signs, or portions thereof, that hold their shape by receiving a one-time or continuous supply of air or gas.

(b)

Electronic message center signs. This type of sign includes, but is not limited to, television screens, plasma screens, flat screens, light emitting diode screens, video boards and screens, and holographic displays. This is not intended to prohibit the use of light bulbs, neon tubes, or other such light sources of internal or external illumination, as permitted by this article. This shall not include a digital sign(s) as defined in subsection 19-442(c).

(c)

Projected signs. This includes signs that are formed by projecting the sign copy, image, text, and/or message into the sky or onto a surface, including, but not limited to, the ground or the side of a building. This includes signs that [sic] are created using projectors, light beams, lasers, holograms or holographic displays, or other such technologies.

(d)

Animated signs. This includes signs, or portions thereof, that blink, flash, or emit, a varying intensity of color or light.

(e)

Moving, revolving or rotating signs, and banners and pennants. This includes signs, or portions thereof, having visible moving, revolving, or rotating parts, or visible movement of any kind, or giving the illusion of movement. Such movement can be achieved by wind, electric, electronic, or any other means. This is not intended to prohibit the manual changing of channel letters or numbers when the changing is part of an approved sign or movable hands or analog clocks.

(f)

Billboards, as defined in section 19-1.

(g)

Inappropriate signs. Any sign that constitutes a hazard to the public safety, health or that impedes vision or access to or from public streets, sidewalks or other places of ingress or egress. This includes signs which, because of size, location or manner of illumination, obstruct the vision of a driver or detract from the effectiveness of traffic control devices. With the exception of traffic, regulatory, or informational signs, signs shall not use the words, "stop," "caution," or "danger," and shall not incorporate red, amber, green or blue lights resembling traffic signals or emergency vehicles, and/or shall not resemble "stop" or "yield" signs in shape or color.

(Ch. 419, § I, 3-20-07; Ch. 506, § XI, 7-20-10; Ch. 642, § XIV, 3-15-16; Ch. 914, § I(Att.), 12-19-23)

Exterior signs in all residential districts and the open space district shall be nonmoving and shall be lighted only by nonflashing, nonanimated illumination so arranged as to reflect light away from adjoining premises and streets and may be located in any required yard, except that the signs shall be set back from any side lot line at least the side distance required in the adjoining lot and shall not project above any roofline or extend over any sidewalk. Permitted are the following exterior signs:

(1)

One sign for each household residing on the premises indicating the name of the owner or occupant and street address provided, however, that such signs shall not exceed two square feet in area, and one sign for a permitted accessory home occupation or use; provided, however, that such sign shall not exceed two square feet in area.

(2)

One sign not over nine square feet in area pertaining to permitted buildings, structures and uses of the premises other than dwellings and their accessory buildings.

(3)

Temporary signs aggregating not over 12 square feet in area pertaining to the sale or lease of the premises on which the signs are located; provided that such sign shall be permitted for a period not exceeding one year.

(4)

Directional signs not exceeding two square feet in area pertaining to churches, schools, institutions and other public or nonprofit uses.

(Rev. Ords. 1987, § 19-441; Ch. 506, § XII, 7-20-10)

(a)

Building frontage. The maximum width of a building measured in a straight line parallel with the abutting street, or in cases of buildings perpendicular to the street frontage, the frontage shall be measured where the primary entrance(s) to the building(s) are located. All determinations of building frontage shall be made by the zoning officer.

(b)

Canopy. Any sign that is part of or attached to an awning, canopy or other fabric, plastic, or structural protective cover over a door entrance, window, or outdoor service area. The lowest portion of any canopy shall be not less than eight feet above the level of a sidewalk or public right-of-way. No canopy shall extend beyond a point five feet inside the curb line. There shall be no advertising on any canopy, except that the business name and street number may appear on the vertical portion of the street apron which is geometrically parallel to the building front, provided that the maximum amount of permitted signage is not exceeded. A canopy sign shall provide at least eight feet clearance to grade from the bottom edge of the canopy.

(c)

Digital sign. This type of sign is a component of either a freestanding, pylon or monument sign that features static images that may change over a period of time not to exceed one message change per ten seconds and are used to advertise to consumers in a public place(s), including in private automobiles.

Digital menu boards associated with a permitted drive through operation shall be exempt from the sign regulations for use purposes only. A digital menu board associated with a permitted drive through shall comply with all other sign requirements.

A digital sign and an electronic message center shall be considered synonymous terms.

(d)

Directional/informational sign. An on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking or exit and entrance signs). The logo may not be more than 20 percent of the total sign area.

(e)

Monument sign. A monument sign is a freestanding sign for which the sign face is supported by a continuous and solid monolithic base which extends the full length of the sign face or within one foot of the ground and whose bottom is permanently attached to the ground. One monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum area of 50 square feet, shall be set back a minimum of ten feet from all property lines, and the maximum sign height shall be eight feet.

(f)

Freestanding sign. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame or other structure), that is not an integral part of, or attached to a building, also called a pylon sign. All permanently installed freestanding signs shall be protected from vehicular circulation and parking areas. Such signs shall not exceed 20 feet in height from grade. No freestanding sign or display shall be erected so as to block or obstruct the sight line of automobiles exiting from the premises. For drive-in uses requiring a menu board, one such sign may be permitted in addition to a permitted freestanding sign, said sign shall not be larger than any permitted freestanding sign for such use.

(g)

Projecting sign. Projecting signs means a sign erected so as to project approximately perpendicular from the exterior of a building, ceiling or wall. These signs shall be restricted to one per business. Such signs shall have a clear height of eight feet above the sidewalk or other traveled way and be erected and secured in such a manner as to preclude their becoming a safety hazard to the public. Projecting signs may not project over a public sidewalk more than three feet from the building wall.

(h)

Sign structure. The support or supports, uprights, bracing and framework which supports the sign face. In the case of a sign structure consisting of two or more sign faces or projections thereof, each side shall be considered a separate sign.

(i)

Sign area. The entire area within a single continuous perimeter enclosing all elements of a sign which are intended to be part of the visual image of the sign including spaces between letters and/or pictorial images, but not including supporting structure provided it does not contain advertising text or images. When a sign has two or more faces, the area of all faces shall be included in determining the sign area.

(j)

Sign height. No portion of any freestanding on-premises sign shall be more than 20 feet above the highest elevation of the grade immediately adjacent to the sign, grade as being defined by this chapter.

(k)

Wall sign. A wall sign is defined as a sign attached parallel to, or painted on, the vertical wall of a building exterior.

(l)

Credit card signs and customary business signs. Credit card signs and customary business signs (e.g., open, closed) not exceeding 1.5 square feet in area may be affixed to the building or window and may not be counted towards the calculation of window signage.

(m)

Window sign. A window sign is any sign affixed to, in contact with, or within 12 inches of a window thereof. Window signs include paper affixed to window, painted, etched on glass, or some other materials hung inside a window. Window signs permanently erected or maintained in the window of any building shall not occupy more than 25 percent of the window area of a structure, and/or 25 percent of the window area for each individual tenant in a multitenant structure in the C-3, C-4 or C-5 zoning district, or shall not occupy more than ten percent of the window area of a structure, and/or ten percent of the window area for each individual tenant in a multitenant structure in the C-1, and C-2 zoning districts. Normal displays of merchandise in store windows shall not be considered signs.

(Rev. Ords. 1987, § 19-442; Ch. 506, § XIII, 7-20-10; Ch. 642, § XV, 3-15-16; Ch. 823, § II, 11-16-21)

(a)

All signs shall meet all applicable local and state building and electrical codes. Application for sign approval, sign relocation, and/or sign alteration shall be made in writing by an owner or an applicant having the legal permission of the owner of the building, structure or land to which or on which the sign is to be erected on forms prescribed and provided by the building division, which shall include the following:

(1)

A site plan which shall include a scale drawing of the building and lot on which the signage is proposed and shall show the position of all existing and/or proposed signs, including directional signs. Such site plan shall include the distance and relationship to all existing, proposed and/or adjoining structures or premises. The site plan shall show the location of any existing and proposed signs in relation to all property lines, right-of-way lines, and streets. The building official and/or zoning officer may require any such other information as may be reasonably necessary to administer the provisions of this ordinance relating to signs.

(2)

Scaled drawings of all proposed signs and all specifications. Scaled drawings shall be submitted which shall show each proposed sign, including the area, height, width, thickness, illumination and material of which the sign is proposed to be constructed. This information shall include all sign specifications, including the size of letters and graphics, and a description of the sign and frame materials and colors, and associated construction and electrical specifications and details. The area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open space or enclosed.

(3)

Building permit fee.

(b)

For properties within the East Providence Special Development Waterfront Districts, refer to article IX of this chapter for process, standards and regulations.

(c)

Signage for developments consisting of one structure with a gross building area of 10,000 square feet or greater or a multitenant development of gross building area of 10,000 square feet or greater, shall be reviewed under the development plan review process. Sign applications may be referred to other city staff as appropriate, including the police chief, for review for safety and access considerations.

(d)

Issuance of permits. If the building official and zoning officer find the proposed sign(s) to be in conformance with this chapter, a building permit shall be issued. If the erection or installation of the sign authorized under any such permit has not been started within six months from the date of the issuance of such permit, the permit shall become null and void.

(e)

Maximum permitted sign area. In all zoning districts but the residential districts, the maximum permitted area for signs on a building shall be based on the building frontage. In buildings with more than one tenant, each tenant's sign shall be based on the building frontage of each individual tenant space, as long as the total area of all signs on the buildings does not exceed the total allowable signage. Where a building fronts on two or more streets, the total area for signs for each building street shall be based on the building frontage for that street.

TABLE 1

Office uses (Commercial 1, Commercial 2, and Business Technology): The maximum total area of all signs on any premises shall not exceed 1.5 square feet per every one foot of building frontage. Window signs shall not be included in this calculation. Such signs may be externally or internally illuminated. The maximum area of any individual sign shall be limited as follows:

⁽¹⁾

Only one freestanding sign is permitted per street frontage. A monument sign may be used in place of a freestanding sign.

⁽²⁾

An awning covering a window or door may extend no more than two feet over a sidewalk or an area of pedestrian activity.

⁽³⁾

A projected sign shall not extend from the exterior of a building, ceiling or wall more than five feet from over any publicly traveled way other than a sidewalk.

TABLE 2

General business, highway business, and heavy business (C-3, C-4, C-5): The maximum area of all signs on any premises shall not exceed two square feet per one foot of building frontage. Window signs shall not be included in this calculation. Such signs may be externally or internally illuminated. The maximum area of any individual sign shall be limited as follows:

⁽¹⁾

Only one freestanding sign is permitted per street frontage. A monument sign may be used in place of a freestanding sign.

⁽²⁾

An awning covering a window or door may extend no more than two feet over a sidewalk or an area of pedestrian activity.

⁽³⁾

A projected sign shall not extend from the exterior of a building, ceiling or wall more than five feet from over any publicly traveled way other than a sidewalk.

TABLE 3

Industrial 1, Industrial 2, Industrial 3: The maximum area of all signs on any premises shall not exceed one square foot per one foot of building frontage. Window signs shall not be included in this calculation. Such signs may be externally or internally illuminated. The maximum area of any individual sign shall be limited as follows:

⁽¹⁾

Only one freestanding sign is permitted per street frontage. A monument sign may be used in place of a freestanding sign.

⁽²⁾

An awning covering a window or door may extend no more than two feet over a sidewalk and/or an area of pedestrian activity.

⁽³⁾

A projected sign shall not extend from the exterior of a building, ceiling or wall more than five feet from over any publicly traveled way other than a sidewalk.

(f)

Supplemental sign regulations.

(1)

Exterior signs in all commercial and industrial districts shall be lighted only by electrical illumination so arranged as to reflect light away from adjoining residential districts and streets and shall be located 25 feet or more from any residential district boundary line or at least 50 feet from the property lines of any residential use. Such signs shall pertain only to a use or business connected on the premises on which it is located and freestanding signs shall not exceed 20 feet in height. Projecting signs shall not extend more than three feet from the face of any building over any sidewalk, but in any case shall not project within three feet of the curb line.

(2)

In the instance of a lot or parcel containing frontage on more than one street, each street frontage may have one freestanding sign.

(3)

Illumination standards:

a.

No signs which are internally illuminated shall be located in any designated historic districts.

b.

Illuminated signs shall not cause off-site glare, nor shall they direct light or shine light off the premises on which the sign is located.

(4)

Sign maintenance. With all zones and districts, all signs shall be constructed of durable materials and shall be maintained in good structural condition and appearance in compliance with this article at all times. All supports, braces, guys and anchors shall be kept in good repair and shall be kept clean, and free from all hazards so as not to endanger public safety.

(5)

For corridors identified in the comprehensive plan for targeted revitalization and/or retention as scenic or residential parkway corridors, the following standards for signs shall be adhered to:

a.

Willett Avenue: For properties with frontage on Willett Avenue located from the intersection on the north side of Pawtucket Avenue and Willett Avenue to the intersection of the north side of Park Drive and Willett Avenue, there shall be no internal illumination or backlighting of signs. Any sign illumination shall be external, meaning by a light source located at a distance from the sign and with said light illuminating the sign face, e.g., gooseneck lighting or a spotlight. Signs may be illuminated by a stationary white or off-white steady light only. These lights shall not provide glare, nor shall they direct light or shine off the premises.

b.

Veteran's Memorial Parkway: Only monument signs shall be allowed along the frontage of this State-designated Scenic Roadway and shall be externally lit.

(Ch. 506, § XIV, 7-20-10; Ch. 642, § XVI, 3-15-16; Ch. 914, § I(Att.), 12-19-23)

Notwithstanding any other provisions of this chapter religious and public educational institutions shall be permitted to erect signs in the aggregate of not more than 15 square feet.

(Rev. Ords. 1987, § 19-443; Ch. 506, § XIV, 7-20-10)

(a)

Political signs are any signs as defined in section 19-1, urging the election or defeat of any candidate seeking public office, election as an official in a private organization, or urging the passage or defeat of any ballot measure.

(b)

In a campaign for public or private office, the candidate for such office shall be deemed responsible for the posting of political signs, unless he first notifies the zoning officer of another person who is responsible. In such case, the candidate shall provide the name, address, telephone number, and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president or chief officer of the committee supporting or opposing such ballot measure shall be deemed responsible, unless he first notifies the zoning officer of some other person responsible, in the manner described in this section. The candidate, or in the case of a ballot measure, the committee president or chief officer or other responsible person if so designated, shall be liable to pay any fees or costs for the removal of illegal signs, as set out in this chapter.

(Rev. Ords. 1987, § 19-445)

Political signs may be erected except where prohibited under subsection 9-9(b) providing that they must meet the following requirements:

(1)

Posting. Political signs may be erected 90 days prior to the election for which the sign is posted and removed 15 days after the election.

(2)

Political signs erected on residential premises. Political signs erected on residential premises are limited to an area of 16 square feet.

(3)

Traffic hazard. Political signs are required to be erected in a safe manner subject to section 19-143.

(Rev. Ords. 1987, § 19-446; Ch. 453, § XVII, 7-15-08)

Editor's note— Section XVI of Ch. 506, adopted July 20, 2010, deleted in its entirety § 19-447, enforcement, which had derived from Rev. Ords. 1987, § 19-447.