Hudson City Zoning Code
ARTICLE XII
Signs
§ 334-57 Purpose.
[Amended 3-10-2009 by Amdt. No. 2]
The purpose of this article is to encourage the effective use of signage to direct movement, advertise and inform the public while protecting public safety, preserving neighborhood character, aesthetics and minimizing visual clutter.
§ 334-58 Permit required; exemptions.
[Amended 3-14-1995 by Amdt. No. 9; 3-4-2000; 3-13-2007 by Amdt. No. 4; 3-10-2009 by Amdt. No. 2; 3-8-2011 by Art. No. 2; 3-11-2025 by Amdt. No. 30]
A.
No sign shall be erected or affixed to any building exterior or placed freestanding on any premises, public or private roadways or rights-of-way or altered or moved without a permit issued by the Building Inspector and approved by Zoning Administrator, except as otherwise exempted in this chapter.
B.
The following signs may be erected without a permit and are not included in the maximum sign area allowed unless otherwise indicated, but must comply with all other requirements of this chapter as stated herein:
(1)
Historic plaques or markers no greater than two square feet in area.
(2)
Contractor job signs no greater than 12 square feet. Contractor signs are temporary and may be posted only during active on-site work such as construction and landscaping.
(3)
Directional or directory signs, no greater than three square feet, which are located outside of setback areas and which are not visible from public rights-of-way or abutting properties; other directional or directory signs are governed by § 334-68 below.
(4)
National or state flags (not to exceed 40 square feet in area).
(5)
Building name signs or signs indicating the date of construction of a building which are no greater than 12 square feet in area and are permanently affixed to a building facade.
(6)
Temporary signs advertising special events for charitable, religious or other nonprofit organizations in accordance with § 334-61B. These signs must be registered with the Zoning Administrator.
(7)
Political campaign signs must comply with NH RSA 664:17 as may be amended from time to time.
(8)
On-site, temporary signs advertising employment opportunities. These signs are limited to 12 square feet in size. These signs can be in place for no more than 30 days.
(9)
Signs affixed to or placed within 12 inches of the interior side of a window so as to be visible from the exterior, which advertise products or services available within the building, prices, payment methods or sales, provided that the combined area of the sign(s) does not exceed 25% of the total area of the window.
(10)
Utility signs which identify the location of utility lines, cables or pipes.
(11)
Lettering, logos or graphics affixed to products or packaging displayed for on-site sales.
(12)
Lettering, logos or graphics identifying or describing products or their manufacturers, vendors or distributors, which are affixed to the exterior of devices such as vending machines, gasoline pumps and other similar devices.
(13)
Lettering, logos or graphics identifying vehicles or equipment or their manufacturers, vendors or distributors, which are permanently affixed to the exterior of the vehicles or equipment.
(14)
Temporary signs, which advertise garage or yard sales or lost pets. These signs can be in place for no more than three days.
(15)
Signs identifying street addresses or the occupants of residences.
(17)
Signs installed by governmental bodies.
(18)
Customary signs which give warnings, no larger than two square feet in area, such as "Beware of Dog" or "No Trespassing" signs.
(19)
Residential real estate signs. One unlit sign, no greater than 12 square feet in area, is permitted per residence or residentially zoned parcel of less than 10 acres in area, except in the case of corner or through lots, where one sign is permitted for each side of the lot which fronts on a public right-of-way.
(20)
Nonresidential and large lot real estate signs. One unlit sign, no greater than 32 square feet in area, is permitted per nonresidential site or for any parcel of greater than 10 acres in area, except in the case of corner or through lots, where one sign is permitted for each side of the lot which fronts on a public right-of-way.
(21)
Temporary construction signs. Construction signs for public safety and/or information, including: electronic changing signs (ECS), electronic message centers (EMC) and/or LED signs being used to inform the public at or near construction and traffic-related sites.
(22)
A sign less than 12 square feet for a hawker and peddler when a hawker and peddler permit is issued by the Town of Hudson.
(23)
Signs used exclusively for the posting or display of an official notice by a public agency or official, or by a person giving legal notice. These signs are limited to three square feet in size.
§ 334-59 Definitions.
For the purposes of this article, the following definitions apply; other definitions are included in Article II:
A sign painted on or attached flat or flush against the surface of the awning, but not extending above, below or beyond the awning or attached to the underside.
A temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. Flags and insignias containing only markings of any government, corporation or business are not considered "banners" and are defined separately as "flags."
Any sign affixed, mounted, attached to or painted on to the exterior of a building, including awnings, canopies, roof-mounted and projecting signs.
[Amended 3-10-2009 by Amdt. No. 2]
Signs identifying entrances, exits, parking areas or loading docks or providing other messages necessary to direct vehicles and pedestrians through or within a site.
Signs which identify or locate the occupants of buildings.
Electronic message center (EMC), electronic message sign (EMS) and changeable copy board (CCB), signs that display illuminated messages that can change frequently, can flash, display and/or convey messages in text, graphics, pictures, symbols, multiple colors, rhythms, animation and/or patterns. This sign's message may be changed by the electronic switching of lamps, illuminated tubes, bulbs and/or through the apparent movement of light. These signs are capable of storing and/or displaying single or multiple messages in various formats at varying intervals.
[Amended 3-10-2009 by Amdt. No. 2]
A sign illuminated by an external electrical source similar, but not limited to, an uplight spotlight or top-hung art light. The external electrical source may be turned on/off manually.
[Added 3-10-2009 by Amdt. No. 2]
Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever; does not include electronic changing signs (message center).
Any sign not affixed or attached to a building which is established on a freestanding frame, mast or pole.
A sign that has an internal light source (such as LED, neon or bulb) that may be turned on/off either manually or by remote control and used to display text that is manually affixed to and/or manually changeable in an external message area.
[Added 3-10-2009 by Amdt. No. 2]
A sign that inflates with air or helium to display advertisements or promotional activities typically known as, but not limited to, tubes, tubes in motion, inflatables, rotatable inflatables or rooftop balloons.
[Added 3-10-2009 by Amdt. No. 2]
A sign that uses light-emitting diodes to form numbers, as in digital clocks, transmit information to the sign from remote controls, form text images and/or illuminate from tiny bulbs that fit into an electrical circuit.
[Added 3-10-2009 by Amdt. No. 2]
A sign that is movable, typically set up on a daily basis outside the business establishment, such as, but not limited to, sandwich boards, swinger sidewalk signs, portable billboards, Portasigns, Portasigns in motion or roadside readerboards.
[Added 3-10-2009 by Amdt. No. 2]
§ 334-60 General requirements.
The following requirements apply to all signs:
A.
No sign may be erected within a public right-of-way.
C.
All signs shall be set back from any public right-of-way a distance not less than 50% of the front setback requirement for other structures within the district in which the sign is located.
D.
No sign may be erected in side or rear setback areas.
E.
All signs shall be set back a distance not less than 25 feet from the point of intersecting rights-of-way.
G.
No flashing signs are permitted in any district.
H.
Electronic changing signs are permitted in the Business (B) and Industrial (I) Zoning Districts subject to the requirements of § 336-64C below. Electronic changing signs shall be prohibited in the Town Residence (TR), Residential (R-1, R-2) and General (G and G-1) Zoning Districts.
[Amended 3-4-2000; 3-10-2009 by Amdt. No. 2; 3-9-2010 by Amdt. No. 2]
I.
Nonconforming signs and signs associated with nonconforming uses are governed by Article VIII, Nonconforming Uses, Structures and Lots.
[Amended 3-10-2009 by Amdt. No. 2]
J.
In zoning districts that allow freestanding signs, the maximum height of such signs shall be 30 feet. In addition to the language specific to advertising, all freestanding signs shall have the street number clearly identified. Numbers are to be four inches in height and black or white, whichever will contrast with the proposed sign colors.
[Added 3-4-2000; amended 3-8-2011 by Amdt. No. 2]
K.
No inflatable, balloon or portable signs are allowed in any DISTRICT unless specifically authorized in a permit issued by the TOWN Board of Selectmen for a fair, festival, limited-duration performance or other event of a temporary nature.
[Added 3-10-2009 by Amdt. No. 2; amended 3-16-2017 by Art. No. 4]
L.
No sign in any zoning district shall include nudity, images of or reference to specific sexual conduct or activities, images of or references to specific anatomical areas, images of or references to instruments, devices or paraphernalia which are designed for use in connection with specific sexual conduct or activities in any district.
[Added 3-10-2009 by Amdt. No. 2]
M.
No sign in any zoning district shall emit audible sound, odor, smoke, steam, mist, laser, hologram or other visible matter, including any sign that employs any stereopticon or motion picture projection.
[Added 3-10-2009 by Amdt. No. 2]
§ 334-61 Temporary signs.
Temporary signs for the purposes indicated below are subject to the following requirements:
A.
Grand opening signs: one unlit sign no greater than 32 square feet in the business, industrial and general districts and 12 square feet in all other districts, advertising the opening, reopening or new location of a business, is permitted per business location for a period not to exceed 30 consecutive days.
B.
Special event signs: one unlit on-site sign, no greater than 32 square feet in the business, industrial and general districts and 12 square feet in all other districts, advertising special events or functions for charitable, religious or other nonprofit organizations or for transitory sporting, cultural or recreational events, provided that the sign is erected no sooner than 30 days prior to the event and is removed within seven days after the event. Special event signs also include banner signs.
C.
Commercial/industrial signs: commercial and industrial sites may display one unlit sign per site for a time period of not more than 10 days in a thirty-day period; the sign shall not exceed 12 square feet.
[Added 3-14-1995 by Amdt. No. 10]
§ 334-62 Subdivision identification signs.
Signs identifying residential subdivisions are subject to the following requirements:
A.
One double-faced or two single-faced unlit signs are permitted at the primary entrance to a subdivision. Dimensions and appearance are to be determined by the Planning Board.
[Amended 3-14-1995 by Amdt. No. 11]
B.
Only the name of the subdivision, address, any associated symbols or graphics may appear on the sign.
§ 334-63 Business and industrial building signs.
Except as otherwise permitted in this article, each individual business may have either one wall, roof-mounted or projecting sign attached to the building within which the business is located subject to the following requirements. The building sign may be implemented in the form of an awning sign.
A.
Maximum size, single-tenant buildings. The maximum sign area, measured in square feet, is 20% of the total area of the building facade upon which the sign is attached or an area equivalent to two times the building frontage, whichever is less.
B.
Maximum size, multitenant buildings. The maximum sign area, measured in square feet, for multitenant buildings is equivalent to two times the building frontage of the individual business.
C.
All signs attached to multitenant buildings shall be of uniform type and height.
D.
No sign may be erected so that its height exceeds the peak of the roof of the building to which it is attached.
E.
Each individual business may have one additional wall or projecting sign to identify side or rear entrances which provide access directly to the business, provided that the size of the additional sign does not exceed 50% of the size of the business principal sign.
[Amended 3-10-2009 by Amdt. No. 2]
§ 334-64 Freestanding business and industrial signs.
Except as otherwise permitted in this article, each individual site may have no more than one freestanding pole or ground sign, not attached to any building, subject to the following requirements:
A.
Maximum size: one square foot for each linear foot of road frontage up to a maximum of 100 square feet.
B.
Corner lots or parcels which otherwise abut two public rights-of-way may have one additional freestanding pole or ground sign identifying a side or rear entrance to the site, provided that the size of the additional sign does not exceed 50% of the size of the site's principal sign.
C.
Electronic changing signs are allowed only as a component of a freestanding sign and shall conform to the following minimum requirements along with all other requirements for freestanding signs within the sign ordinance:
[Added 3-9-2010 by Amdt. No. 2]
(1) BRIGHTNESS DIMMING DIODE LED (LIGHT-EMITTING DIODE/SMD) LUMINANCE NIT or NITS SI UNIT TEXT
Definitions relevant to electronic changing signs:
Also known as "intensity”; the LED Industry measures display intensity in candelas per square meter, which is also referred to as "NITS."
The ability to increase or decrease the overall display intensity brightness.
Also called "light-emitting diode" (LED) or "surface-mounted diode" (SMD).
A solid-state component that uses a semiconductor (a silicon chip or some type of semiconductor) that emits visible light when electric current passes through it.
The amount of light that passes through or is emitted from a particular area. The SI unit for luminance is candela per square meter.
A luminance-measuring unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source.
An abbreviation for the International System of Units.
Any form in which writing exists.
(2)
No more than one electronic changing sign shall be allowed per lot.
(3)
Electronic changing signs shall not exceed 50% of the area of a freestanding sign or 50 square feet, whichever is smaller. Electronic changing signs shall be restricted to a maximum of four lines of text or message display, and text shall be restricted to a maximum of 10 inches in height.
(4)
Electronic changing signs shall be required to have a minimum of 150 feet between other electronic changing signs located on the same side of a street or roadway.
(5)
Electronic changing signs shall be allowed only on lots with a minimum street frontage in accordance with the Table of Minimum Dimensional Requirements.[1]
[1]
Editor's Note: The Table of Minimum Dimensional Requirements is included at the end of this chapter.
(6)
Electronic changing signs shall be located a minimum of 200 feet from any residential dwelling unit.
(7)
The portion of a freestanding sign that contains an electronic changing sign component shall only be operated during the hours the business associated with the electronic changing sign is open.
(8)
All illumination elements on the face of electronic changing signs shall remain at a fixed level of illumination for a period of not less than 15 minutes.
(9)
All text and message displays of an electronic changing sign shall fade onto and off of the electronic message display area, statically and uniformly, at a rate of change of no more than two seconds.
(10)
Electronic changing signs shall be equipped with automatic dimming controls, so the brightness level will be highest during the day and lowest at night. Manufacturer specifications shall be submitted at the time of sign permit specifying maximum sign brightness. The maximum brightness shall not exceed 8,000 NITS with a maximum nighttime reading not to exceed 20% of the sign's maximum brightness.
(11)
Under the provisions of this subsection, the applicant for a sign permit for an electronic changing sign shall provide with the application an affidavit, sworn or attested by the landowner, applicant and sign installer, attesting to the fact that:
(a)
The sign to be installed meets all of the criteria set forth in the subsection; and
(b)
That the sign shall operate in a manner consistent with the criteria set forth in this subsection; and
(c)
The landowner and applicant agree to be held liable, separately or collectively, if these provisions are not met, for any fines or cost incurred by the Town of Hudson to enforce these provisions arising from such violations. This provision shall not be construed to supersede any other responsibility or remedy for such violations set forth in this chapter.
§ 334-65 Industrial park signs/business park.
[Amended 3-8-1994 by Amdt. No. 4]
An industrial park sign will be permitted along a public right-of-way, in addition to other signage, for the purpose of project identification at the entrances to large-scale developments. The industrial park sign is permitted in addition to other signage.
A.
Maximum sign area shall be 225 square feet for one sign. If one sign cannot be used to identify the project, because of sign location, two signs may be used. In this case each sign may not exceed 100 square feet for each of the two signs.
B.
Minimum setback shall be 25 feet. The sign setback may be reduced by special exception where it can be demonstrated that conditions of the site (e.g., slope, topography, site layout, proximity to limited access arterial roadways, unusual soils or vegetation, etc.) necessitate an exception to the requirements. Issues relative to sight distance and safety shall not be adversely impacted. Proposed signage shall be incorporated into any previously approved landscape or site plan.
§ 334-66 Institutional signs.
Except as otherwise permitted in this article, signs associated with noncommercial institutions such as churches, schools, membership clubs and other similar institutions are subject to the following requirements:
§ 334-67 Home occupation signs.
Except as otherwise permitted in this chapter, each home occupation may have no more than one exterior sign subject to the following requirements:
A.
Maximum size. The maximum sign area is three square feet.
B.
Maximum height. Freestanding pole or ground signs may not exceed eight feet in height.
C.
If the home occupation is carried out in an accessory structure which is set back more than 100 feet from the nearest public right-of-way, an additional sign of two square feet or less may be attached to the accessory structure.
D.
Signs which are not attached to a building must be set back from the right-of-way a minimum of 15 feet.
§ 334-68 Directional and directory signs.
Directional or directory signs, other than those excluded under § 334-58B(3), are permitted with a permit but are not considered to be freestanding or building signs for the purposes of this article, provided that they are no greater than three square feet in area and do not contain any additional advertising or messages other than incidental corporate or institutional symbols or logos.
§ 334-69 Area and dimensional calculations.
A.
Area. The area of a sign is considered to be the entire face of a sign or largest single side of a freestanding or projecting sign, including the perimeter or framing which forms the outside shape of the sign. In the absence of a clear perimeter or border, the area of the sign is calculated by enclosing the entire area within which letters, symbols or graphics are contained within an easily recognized geometric shape. Round, three-dimensional or irregularly shaped signs are calculated based on a flat cross section of the broadest portion of the sign. All appendages or riders are calculated within the area of the sign to which they are appended.
B.
Height. The height of a sign is the vertical distance measured from the adjacent undisturbed grade of the sign to the highest point of the sign.