The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community 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, provide more open space, curb the deterioration of the natural environment and enhance community development.

As used in this section, unless otherwise expressly stated in this ordinance, the following definitions shall apply:

A.

Sign. The term "sign" shall mean any permanent or temporary device, reproduction, material or structure which is: Freestanding, attached to a building or structure or erected, painted, represented or reproduced inside or outside any building, structure or natural object, including window display areas, which displays, reproduces or includes any lettered or pictorial matter, which is used to identify the premises or occupant or owner of the premises; to advertise any product or item; to advertise the sale, rental or use of all or part of any premises or item, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than public highway markers; and shall also include any announcement, demonstration, display, illustration or insignia used to advertise or promote the interests of any persons or business when the same is placed in view of the general public. In no event shall the word "sign" be construed to mean any sign in the interior of any structure, not visible from the outside, unless specifically set forth in this ordinance. Excluded from this definition also are pavement markings or driveway directional arrows painted on the ground, which contain no advertising.

B.

Sign, illuminated. A sign designed to give forth artificial light from an artificial source in such a manner as to be an integral part of the construction of the sign, including neon signs and signs illuminated from within.

C.

Sign, indirectly illuminated. A sign illuminated with an artificial light directed primarily toward such sign from an exterior source.

D.

Sign, wall-mounted. A sign erected against, painted on or attached to the wall of any building or structure (except a freestanding sign support) including signs affixed to fences, screens and freestanding walls.

E.

Sign, roof-mounted. A sign placed upon the roof of any building or portion thereof, or erected on a vertical framework supported by the roof of a building, except such signs which are an integral part of the construction or architecture of a building.

F.

Sign, freestanding. A sign supported by a pole, uprights, braces or frame on the ground and not supported by any wall, building or similar structure.

G.

Sign accessory. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such a sign is located.

H.

Sign trailer. A sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to, mobile advertising signs attached to a truck, chassis, detachable vehicular trailer or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled vehicle or towed vehicle which identify the product, service or any activity for which the vehicle is used, unless the principal use of such vehicle is for advertising purposes.

I.

Sign, portable. Any sign not attached to a building or structure or attached to the ground and which is capable of being placed upon various locations on a lot. Such signs shall include, but are not limited to, A-frame signs, gasoline price per gallon signs, temporary announcement signs, trailers signs and the like.

J.

Sign, projecting. A sign erected so as to project approximately perpendicular from the exterior of any building or wall.

K.

Sign, off-site directional. Any sign giving directions to the location of any use or activity not located upon the property upon which the sign is erected, and which may contain only the name of the use and necessary information giving directions to the use; provided, however, that no advertising shall be contained in such sign.

L.

Sign, off-premises. Any sign or advertising device, including a billboard, which advertises a use or activity not located on, or a product not sold nor manufactured on, the lot on which the sign or device is located.

M.

Sign, plaza. A grouping of signs in a common location, having a uniform size and materials and regulated by the Town of Exeter in accordance with the provisions of this ordinance.

N.

Sign, temporary promotional. A display, banner or advertising device constructed of cloth, canvas, fabric, plywood or other light temporary material, with or without a structure frame, intended to promote special sales, free gifts, openings or campaigns.

O.

Sign, area. Measured in square feet, the entire area within a square, rectangle, circle, triangle or any other polygon enclosing the extreme limits or graphic, writing or similar representation, emblem or any fixture of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that the two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of the one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

P.

Sign, height. Measured in feet, the overall height of a sign is measured from the grade directly below the sign to the highest point of the sign or any of its supports.

Q.

Sign, setback. Measured in feet from the outermost edge of the sign to the public right-of-way.

R.

Sign projection over public right-of-way. Measured in feet, perpendicular to the property line, from the property line to the outermost edge of the sign, over any public right-of-way.

The following signs are permitted and shall be counted when calculating the quantity of signs permitted and the total allowable sign area; provided, however, that such signs shall conform to all other applicable regulations, and further provided that such signs shall be neither illuminated nor indirectly illuminated, except as otherwise specified herein:

A.

Name and address, not to include any commercial advertising. Such signs shall not exceed three square feet in area per side, and shall be limited to one such sign per resident, family or use.

B.

No trespassing sign, or other such signs regulating the use of the property on which it is located, provided such signs do not exceed three square feet in area.

C.

Bulletin boards, for public or religious institutions when located on the property thereof, provided such signs do not exceed 15 square feet per side and bear no commercial advertising. Such signs may be indirectly illuminated.

D.

For sale signs, one sign which shall not exceed six square feet in area and which advertise the sale, lease or rental of the real property on which it is located, and which may not be maintained for more than six months. Such signs in place for more than six months shall require a temporary sign permit as specified in section 6.7, item C.

E.

Instructional or directional signs, identifying on-premises traffic, parking or other functional activity, such as lavatory facilities, telephone sections of a building, entrances, offices, etc., bearing no commercial advertising. There shall be no more than one sign for each applicable activity, and each sign shall not exceed two square feet in area, if wall-mounted, and four square feet if freestanding. Such signs may be illuminated or indirectly illuminated.

F.

Signs erected by the Town of Exeter, the State of Rhode Island or the United States of America, pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation. Such signs may be illuminated or directly illuminated.

G.

Memorial signs or tablets, and signs denoting the date of erection of buildings. Signs denoting the date of erection of building shall be wall-mounted and shall not exceed three square feet in area.

H.

Signs identifying churches, and places of worship, or certified nonprofit educational institutions when located on the property thereof. Such signs may be indirectly illuminated, and may not exceed 15 square feet in area.

I.

Election signs or political signs, permitted in all zoning districts, with [the] permission of the landowner. Election or political signs shall be removed within ten days after the election, with the candidate for office or his/her candidacy. Signs are not to exceed 32 square feet. No signs may be posted on trees, utility poles or traffic signs or similar public regulatory markers.

J.

Accessory signs, incidental to a business or a profession conducted on the premises indicating hours of operation, credit cards, business affiliations, and the like, provided the total area of all such signs for a single business does not exceed two square feet per public entrance (noncumulative) and is wall-mounted at or immediately adjacent to the entrance to the building on the premises.

K.

The following signs customary and necessary to the operation of gasoline filling stations, wall-mounted signs displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing," or words of similar import, provided that there shall be not more than one such sign over each entrance, and that the letters of such sign do not exceed ten inches in height; signs which consist of lettering or other insignia which are structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other matter as required by law; one 2.5 square feet per side (maximum) sign indicating price per gallon of gasoline to be attached to the pump; also there may be one sign no larger than eight square feet per side using numbers no larger than 18 inches in height indicating price per gallon of gasoline along highways on which the legal speed limit is less than 35 mph, or one sign no larger than 12 square feet per side using numbers no larger than 18 inches in height indicating price per gallon along highways on which the legal speed limit is 35 mph or more, such sign shall be freestanding and shall have a clearance of at least seven feet from the ground.

L.

Digital clocks, time temperature clocks, or other clocks which contain no advertising, and which may be illuminated or indirectly illuminated, and may not exceed 20 square feet in surface area.

M.

Window signs, erected or maintained in the window of a building which are visible from any public or private street or highway, provided such sign shall not occupy more than 30 percent of the area of said window.

N.

Temporary window signs, erected or maintained in the window of a building, which are visible from any public or private street or highway, provided such sign shall not occupy more than 30 percent of the area of said window, and shall not be in place more than 30 days.

O.

Awning signs, less than ten square feet in area, not to exceed one such awning sign per use.

P.

Sale of produce raised on land, signs shall be no larger than 12 square feet per side, or two signs no larger than six square feet each per side, and shall not be lighted in any manner.

Q.

Signs notifying the public of an application pending before the planning board as provided in the land development and subdivision regulations.

(Amd. of 10-5-04)

The following signs shall not be permitted in any zoning district:

A.

Signs which have visible moving parts, including signs which are designed to achieve movement by action of wind currents, or which have mobile or revolving parts or which have animated parts (except time or temperature devices); provided, however, that barber poles, ordinarily and customarily used in connection with the barber shop, are allowed if they comply with all provisions of this ordinance.

B.

Signs which incorporate in any manner any flashing or moving illumination, animation or illumination which varies in color.

C.

Any sign or sign support which constitutes a hazard to public safety or health, including signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from a fire escape, door, window or other required exitway; or which make use of words such as "stop," "look," "one-way," "danger," "yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

D.

String lights or strung light bulbs are prohibited. However, string lights as a part of decorations associated with recognized legal holidays are permitted for a period not to exceed 30 days.

E.

Searchlights, pennants, spinners, banners and streamers are prohibited. However, pennants, spinners, banners and streamers associated with events of religious, public or charitable organizations are permitted for a period not to exceed ten days or for new business openings for a period not to exceed three days.

F.

Projecting signs which are erected so as to project approximately perpendicular from the exterior of any building or wall and which exceed 12 square feet in area, or which project more than four feet from the exterior of said building or wall. Nothing herein shall be construed to permit the erection of any projecting sign over a public way, without the approval of the building inspector.

G.

Roof-mounted signs, as defined by this ordinance. No allowable roof-mounted sign shall be erected in such a manner as to increase the maximum allowable building height, nor shall any sign project more than 15 feet above the roofline of any building.

H.

Off-site directional signs, unless otherwise specified in this ordinance.

I.

Trailer signs or portable signs.

J.

Off-premises signs, unless otherwise specified in this ordinance.

K.

Billboard signs as defined herein.

L.

Illuminated signs as defined herein.

All signs in residential zoning districts are permitted at no closer than ten feet from any lot line, front side or rear lot line, and shall conform to the following regulations:

A.

There shall be no more than one sign, other than a sign identifying the name and address of the occupant as specified in section 6.3(A), for such residential lot. Such signs may identify the premises and/or identify a permitted customary home occupation, including real estate and professional offices in the home, and shall not exceed six square feet per side in area.

B.

Indirectly illuminated signs in a residential zoning district may be lighted only by a continuous white light, so oriented that it shall reflect the light away from the adjoining property and away from streets.

C.

Permanent signs at major entrances to residential developments designed only to identify such developments shall be permitted, provided such signs bear no commercial advertising, and do not exceed 15 square feet in area, and shall be maintenance free.

All signs in commercial and manufacturing districts shall conform to the following regulations:

A.

Signs in commercial and industrial districts may be either wall-mounted, freestanding or projecting. There shall be no more than one sign for each principal property.

B.

Signs in business and industrial districts.

1.

Permitted uses:

a.

Signs in connection with permitted or lawful nonconforming uses, provided that no sign shall exceed 32 square feet in area without approval of the zoning board of review as a special exception under article I.

b.

No billboards or outdoor advertising structures, either mobile or stationary, shall be permitted, other than signs.

2.

Location of signs:

a.

The maximum height of a freestanding sign shall be 15 feet from ground level.

b.

In the business and industrial districts no sign shall be placed within 100 feet of any rural, residential, conservation-recreation district, or within the corner triangle described in article II, section 6.7.

c.

No sign shall be placed within ten feet to a front lot line or 15 feet to a side or rear lot line.

3.

Lighting of signs:

a.

Indirectly illuminated signs may be lighted only by a continuous white light. Signs may be lighted only by continuous white light. Floor lighting shall be directed away from adjacent properties and traffic arteries.

Cross reference— Businesses, ch. 18.

The following temporary signs are allowed in any zoning district, provided that they conform to the following provisions; further provided that they are granted a temporary sign permit as required in section 6.12. Such temporary signs shall be neither illuminated nor indirectly illuminated.

A.

Temporary signs, customary and necessary in connection with the erection of buildings or other significant construction work, shall be limited to one sign for each construction project, to include only the identification of the project, architect, sponsor or builder. Such signs shall not exceed six square feet in any residential district, 20 square feet in any commercial district, or 30 square feet in any manufacturing district, and shall be removed within ten days after the completion of construction.

B.

Temporary signs, no larger than 20 square feet which advertise auctions and special events conducted by nonprofit organizations, provided such signs shall not be in place more than 30 days. No more than three signs advertising any such event shall be erected or maintained at any one time within the Town of Exeter.

C.

Temporary for sale signs which are in place for more than six months, and which advertise in any way the sale, [for] which they are located, shall not exceed six square feet in any commercial district, or 32 square feet in any manufacturing district. No such temporary sign shall be maintained more than ten days after completion of the activity advertised. For subdivisions of ten lots or more, in lieu of individual lot for sale signs, there may be one common sign, not to exceed 32 square feet per side, advertising the property for sale and not to be in place for more than two years.

A.

In shopping centers there may be one wall-mounted sign for each use not to exceed one square foot for each lineal foot of the wall or the portion of the building containing the use, and on which the sign is located not to exceed 32 square feet.

B.

In addition to such wall-mounted signs, there shall be permitted in all business districts, light business/residential districts and light industrial zones as well as shopping centers one common freestanding sign identifying all uses and one menu board sign identifying products available at drive-thru facility. Such freestanding menu signs located in shopping centers shall conform to the following regulations:

C.

Such signs may be indirectly illuminated in light industrial or business districts.

D.

No such freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility, or any other access required by this ordinance.

(Amd. of 5-1-06)

Cross reference— Businesses, ch. 18.

A sign permit shall be required for all signs thereafter erected, installed or replaced, unless specifically exempt by this ordinance. Such permits shall be issued by the zoning inspector and shall be in addition to any other permits required by this or any other ordinance in the town.

A.

Application for [a] sign permit shall be made in writing on forms prescribed and provided by the zoning inspector.

B.

In addition to information required on the application form, the following information shall be provided:

1.

The size of the proposed sign(s), area, height, width, thickness, illumination and material of which is to be constructed.

2.

A detailed drawing showing the description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices, and support structures.

3.

A plot plan showing the locations of the sign in relation to the building and all property lines and streets.

C.

The zoning inspector may require any other such information as may be reasonably necessary to administer the provisions of this ordinance relating to signs.

If the zoning inspector finds the proposed sign to be in compliance with the ordinance, he shall issue such sign permit within ten days after the filing of the application.

If the erection or installation of the sign authorized under such permit has not been started within six months from the date of the issuance of such permit, and diligently pursued until completed, the permit shall become null and void.

No temporary sign, as described in section 6.7, shall be erected, installed or maintained without first obtaining a permit thereof. Any such permit may be issued for a period not to exceed six months, and shall provide that any sign authorized by such permit shall be removed at the expiration of said six-month period, or within ten days after the completion of the activity advertised, whichever shall be sooner.

No permit for a temporary sign may be extended or renewed, and any temporary sign which remains in place for more than six months shall be deemed a permanent sign, and shall be so regulated, unless otherwise specified herein.

If the applicant shall fail to remove such sign, the zoning inspector, after ten days' written notice to the applicant to remove such sign, and after the failure of the applicant to do so, shall cause said sign to be removed and may impose a fine upon the applicant, as defined by the town council.

No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this ordinance. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

No sign shall be erected or maintained which advertises a product, use or activity no longer available, for sale or in use, on the premises. Such obsolete signs shall be removed within 60 days after the date they become obsolete. In the event of a violation of any of the foregoing provisions of this section, the zoning inspector shall give written notice, specifying the violation to the named owner of the sign and to the named owner of the land upon which the sign is erected, sent to their last known addresses, as set forth in the records of the town, directing them to cause any such sign to conform to the provisions of this ordinance, or to remove any such sign within 60 days from the date of said notice.

Upon failure to comply with the provisions of said notice specified in section 6.13, the zoning inspector shall notify the town solicitor of such violation of the ordinance, and request appropriate legal action be taken to obtain conformance of removal of such sign. When any sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the zoning inspector is hereby authorized to cause any sign to be removed summarily without notice.

Within 60 days after the effective date of this ordinance, trailer signs, portable signs, pennants, spinners, banners and/or string lights shall be removed by the owner of the sign or the owner of the property upon which the sign is located.

In all zoning districts, two signs, not larger than four square feet in area, each advertising or indicating any local business located on a lot or parcel of land other than the premises, is permitted as a special use permit.

A.

Location. No portion of any sign permitted in this section shall be located within any street right-of-way.

B.

Lighting. There shall be no artificial lighting of any sign permitted in this section.

C.

Landowner permission. Where such a sign is to be located on property other than that of the applicant, a statement in writing indicating that the property owner has granted the right to erect the sign, which is the subject of the application for a special use permit, shall be furnished to the zoning board of review.

Signs existing at the time of the enactment of this ordinance, notwithstanding section 6.15, and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs, which may be continued. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with the provisions of this ordinance.