The purpose of this subchapter is as follows:

   (A)   To promote the public health, safety and welfare of those who use the town's streets, roads, and highways;

   (B)   To reduce distractions and obstructions from signs, to prevent signs from adversely affecting traffic safety, and to alleviate hazards caused by signs projecting over or encroaching upon public ways;

   (C)   To discourage excessive visual competition in signage and to ensure that signs aid orientation and adequately identify uses and activities to the public; and

   (D)   To preserve or enhance town character by requiring new and replacement signs which are:

      (1)   Compatible with the surroundings;

      (2)   Appropriate to the activities, goods or services they promote; and

      (3)   Appropriately sized in their context.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   This subchapter applies to all signs, as that term is defined in § 1202.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   A-FRAME SIGN. A temporary sign normally supported by its own frame in a manner that usually forms an "A" when in use; also referred to as a SANDWICH or TENT SIGN.

   ABANDONED SIGN. A sign that pertains to a use, time or event which no longer exists or when the purpose for which the permit for the sign was approved has been fulfilled or no longer exists.

   ACCESSORY SIGN. Signs pertaining to the general use of a premises, such as signs prohibiting patrons without shirts or shoes, trespassing, hunting or swimming, unleashed dogs, and the like.

   ADDRESS SIGN. A type of sign displaying only one or more of the following:

      (1)   The name or names of any occupant;

      (2)   The street number and name; and

      (3)   Identification of a use or activity conducted on the premises.

   AWNING SIGN. A style of sign that is painted on, printed on, or attached flat against and parallel to the surface of an awning.

   BACKLIT SIGN. A sign with individual translucent back-lit letters silhouetted against an opaque surface.

   BOX SIGN. A sign consisting of an enclosed box or cabinet with copy on one or more sides which encloses an integrated light source that can shine through the sides or face of the sign, which consists of a single transparent or translucent material such as a Plexiglas or lexan.

   BUILDING-MOUNTED SIGNS. A method of display in which a sign is mounted on the vertical surface of a building, includes wall, projecting, and awning signs.

   CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face of the sign.

   CHANNEL LETTER SIGN. A sign consisting of individual letters with translucent faces, containing soft lighting elements inside each letter.

   CONSTRUCTION SIGN. A temporary on-premises sign identifying the name/nature of a project and the name and/or address of one or more of the following: contractor, subcontractor, architect, landscape architect, and engineer. Logos or illustrations may also be displayed.

   DIRECTIONAL SIGN. An on-premises sign indicating the direction of vehicle or pedestrian traffic or the location of parking, buildings, offices, entrances, activities or amenities, such as restrooms and public telephones. There are two types of directional signs:

      (1)   INTERNAL DIRECTIONAL SIGN. A directional sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, telephone or similar place, service or route. Such signs may bear advertising.

      (2)   PERIMETER DIRECTIONAL SIGN. A directional sign designed to be read from the public right-of-way. Such signs may not bear any advertising.

   DIRECTORY SIGN. An on-premise sign in an office, research, or industrial park that identifies the names and locations of businesses within the park. Signs may include the name of the park or project, the name and location of each business and/or a map of the park. The primary purpose of such signs shall be to indicate the route to be followed to a specific business or place within the office, research, or industrial park.

   ENTRY SIGN. A sign located at the ingress/egress of a development such as an industrial, office, or research park, multifamily dwelling project, or residential subdivision. Such signs may display only the name and address of the development.

   EXEMPT SIGN. A sign which, under this subchapter, is expressly allowed to be displayed without issuance of a sign permit.

   FLASHING SIGN. An illuminated sign which exhibits changes or variations in light intensity, color, direction, or animation. Excluded from this definition are illuminated signs on which the only variations in light intensity, color, direction, or animation are to display the date, time, and/or temperature.

   FOR SALE/RENT/LEASE SIGN. A sign advertising the availability of all or a portion of the premises for sale, rent or lease.

   FREE-STANDING SIGN. A self-supporting sign not attached to any building, wall, or fence, but in a fixed location.

   GOVERNMENT SIGN. Signs of every kind and nature erected by or on behalf of the United States of America, the State of Rhode Island and the Town of Middletown, relating to governmental regulatory activities or governmental activities conducted on the premises on which such sign is located, and including traffic controls, railroad crossing signs and legal notices and other such signs required by law.

   GRAND OPENING SIGN. A temporary sign announcing the opening or re-opening of a business.

   HALO-LIT SIGN. See BACKLIT SIGN.

   INCIDENTAL SIGN. Signs indicating hours of operation, credit cards, business or professional affiliations.

   MONUMENT SIGN. A freestanding sign, the bottom of which is mounted directly on the ground or on an enclosed structural base with no visible poles supporting the structure.

   NON-CONFORMING SIGN. A sign lawfully existing when the sign ordinance was adopted or amended.

   OFF-PREMISES SIGN. Any sign not on the premises of the business or activity to which it relates.

   PAINTED WALL SIGN (MURAL). A work of art or painting that is applied to and made an integral part of an exterior wall. A mural shall be considered a wall sign if it contains words, logos, trademarks or graphic representations of any person, product or service that identify or advertise a business.

   PERMANENT SIGN. Any sign permanently affixed to a building or the ground that relates directly to the use of the building or lot.

   PLAZA SIGN. A group of signs clustered together in a single structure or compositional unit used to advertise multiple occupants of the same building or building complex. Such signs are generally designed and constructed with provision to allow changes of occupancy without major alterations of the entire sign.

   POLE SIGN.  A sign which is supported by one or more poles, uprights or braces in or upon the ground, which are not a part of a building.

   POLITICAL SIGN. A temporary sign announcing candidates seeking public office, a political issue, or a sign containing other election information.

   PORTABLE SIGN. A sign capable of being readily moved or relocated, including signs mounted on a chassis and wheels, or supported by legs. Examples of portable signs are A-frame signs, gasoline price-per-gallon signs, trailer signs, and temporary announcement signs.

   POST SIGN.  A pole sign which is supported by two poles, one on each side of the sign.

   PROJECTING SIGN. A sign affixed to a structure or other thing which extends more than six inches beyond the surface to which it is affixed perpendicular to a wall surface.

   READERBOARD. See CHANGEABLE COPY SIGN.

   ROOF-MOUNTED SIGN. A sign placed upon the roof of any building, or erected on a framework supported by the roof of a building, except such signs which are an integral part of the construction or architecture of a building.

   SIGN. Any permanent or temporary display of one or more letters, words, pictures, graphics, logos, colors, or lights visible from public ways or places, whether freestanding or attached to or displayed upon a structure or any other thing, which is intended to convey a message, except for:

      (1)   Pavement markings or driveway directional arrows painted on the ground which contain no advertising; and

      (2)   Window displays, including price tags, product descriptions and other information which, in view of their scale and position, are primarily directed to pedestrians and not to vehicle occupants.

   TEMPORARY SIGN. A sign which is intended to be displayed for a limited or finite period of time and which is not permanently installed or erected.

   WALL-MOUNTED SIGN (WALL SIGN). A sign erected against, displayed upon or attached parallel to the wall of any structure or to a fence, screen or freestanding wall.

   WINDOW SIGN. Any sign visible from the exterior of a building and exposed to public view that is posted, painted on, affixed to, leaning against, suspended in front of, or placed within two feet behind a window.

   Except for nonconforming signs and exempt signs, no sign shall be displayed until a sign permit has been issued.

   (A)   Sign permit.

      (1)   Permits shall be issued only if the Sign Officer determines that the sign will comply with all applicable provisions of this subchapter and the State Building Code, or has received any required relief from the Zoning Board of Review.

      (2)   No permit for a temporary sign may be extended or renewed.

      (3)   In the event that the roads within an industrial, research or office park are public roads, or in any case where entry or directory signs are

proposed to be placed on town or state property, approval by the appropriate agency of the sign design and placement must be demonstrated prior to the issuance of the sign permit(s).

   (B)   Application for permit.

      (1)   Applications for sign permits shall be on forms prescribed by the Sign Officer and may be submitted by the owner of the land or building, or by any person who has the authority to erect the proposed sign. Applications for signs not submitted by the property owner must contain the written permission of such owner, or be accompanied by other evidence reasonably demonstrating the existence of such permission.

      (2)   As a part of the application, applicants must submit a scale drawing of the proposed sign specifying its dimensions, materials, illumination, letter sizes, colors, mounting methods, support systems, and location with all relevant measurements. At the discretion of the Sign Officer, one or more requirements of this division may be waived for temporary signs.

      (3)   Applications shall be submitted with the proper fee as established by the Town Council in Chapter 36 of this code and, for illuminated signs, any required electrical permit.

      (4)   The Sign Officer shall approve or disapprove applications within 30 days of receiving a completed application together with the required fee.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12)

   The Sign Officer, who shall be designated by the Town Council, is hereby authorized to enforce this subchapter. The Sign Officer may order the repair or removal of any sign and its supporting structure which is judged dangerous, or in disrepair, or which is erected or maintained contrary to this subchapter.

   (B)   Violation of any provision of this subchapter or any lawful order of the Sign Officer shall be subject to a fine of not more than $100 per offense. Each day that such violation continues shall constitute a separate offense.

   (C)   Any sign installed or placed on public property or within the public right-of-way, except as expressly permitted in this subchapter, shall be forfeited to the public and subject to confiscation.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   Subject to divisions (A) and (B), the area of a sign shall be measured as the total area within a line circumscribing all surfaces used for the design, including slates and panels.

   (A)   Sign area.

      (1)   For a sign which is painted on or otherwise directly applied to the surface of a structure or any other thing, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters, symbols and other elements of the sign. If the sign has a background of a different color than the natural color or finish material of the structure or thing, then the area of the sign shall be the area of such background.

      (2)   When a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two faces are placed back to back and are at no point more than two feet from each other. In this case, the sign area shall be the area of either face, and if the faces are unequal, the area shall be that of the larger face.

      (3)   The total area of a three-dimensional projecting sign shall be determined by enclosing the largest cross-section of the sign in a rectangle or other geometric shape and computing its area.

   (B)   Number of signs. In determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed randomly without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

   (C)   Height. The height of a sign shall be measured as the vertical distance measured from the natural level of the ground at the base of the sign to the highest point of any portion of the sign or supporting structure.

   (D)   Setbacks. The setback for a freestanding sign shall be measured from the lot line to the nearest point on the sign or its supporting structure, whichever is closer to the lot line.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   Signs must be maintained in a secure and safe condition. If the Sign Officer is of the opinion that a sign is not secure, safe, or in a good state of repair, a written notice describing the defect shall be given to the person responsible for the maintenance of the sign. If the defect is not corrected within 30 days from receipt of the notice, the Sign Officer shall issue a citation of violation. No sign may be displayed if it:

   (A)   Is structurally unsafe;

   (B)   Constitutes a hazard to public safety or health because it is dilapidated, abandoned or inadequately maintained, or because it is located so as to interfere with drivers' vision of traffic signals or directional signs or of traffic on intersecting streets;

   (D)   Obstructs light or air or interferes with proper functioning of a building; or

   (E)   Is capable of causing electrical shock.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   (A)   Nonconforming signs may continue but may not be enlarged or replaced except in conformity with the requirements of this subchapter.

   (B)   A nonconforming sign may be altered in whole or in part in a way which diminishes the extent of its nonconformity.

   (C)   Any sign which has deteriorated to such an extent that the cost of restoration would exceed 50% of the replacement cost, shall not be repaired, rebuilt or altered except to conform to the requirements of this subchapter.

   (D)   Prohibited signs may not be enlarged or replaced.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)

   The following signs are prohibited in all districts, unless otherwise expressly permitted under this chapter.

   (A)   Off premises signs;

   (B)   Special event sign not meeting the definition contained in § 1202 and the limitations of § 1209.

   (C)   Temporary or seasonal sign which does not identify or advertise a business and displays only a product logo or trademark.

   (D)   Streamers, pennants, ribbons, banners, inflatable objects in excess of two cubic feet, strings of lights, spinners and the like, except when displayed to commemorate a holiday or as components of a grand opening sign;

   (E)   Flashing signs;

   (F)   Roof-mounted signs;

   (G)   Signs containing moving parts or reflective elements which sparkle or twinkle in the light;

   (H)   Sign identifying or advertising a business or organization which is either defunct or no longer located on the premises, except for landmark signs which are properly maintained;

   (I)   Signs resembling or depicting official traffic signs or signals;

   (J)   Portable signs and trailer signs;

   (K)   Illuminated window signs, including neon, LED, and any other method of illumination;

   (L)   Internally illuminated changeable copy signs with dark-colored letters.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12)

   The following signs may be displayed as long as they meet the requirements in the Requirements for Exempt Signs table set forth below. A sign permit is NOT REQUIRED to display signs which are in conformance with this section, and such signs shall not be counted when calculating the number of signs permitted per property.

 

   Temporary signs not classified as exempt in § 1209 shall only be displayed upon issuance of a temporary sign permit by the Sign Officer. Temporary signs are subject to all requirements of this subchapter. Banners are permitted to be used as temporary signs. Temporary signs may be displayed as follows:

   (A)   A business may display one temporary sign for a period not to exceed 30 days. Any temporary sign which remains in place more than 30 days constitutes a violation of this chapter.

   (B)   No more than four temporary sign permits shall be issued to a single use or business in any one calendar year. Each temporary sign permit issued in a single calendar year shall be for a separate use or purpose.

   (C)   No temporary sign shall exceed 16 square feet in area.

   (D)   A business shall not install a temporary sign during the time that a seasonal sign permitted under § 1211 is installed. The combined time period permitted for installation of all temporary and seasonal signs for a single business shall not exceed seven months (210 days) per calendar year.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12)

   Seasonal signs not classified as exempt in § 1209 shall only be displayed upon issuance of a sign permit by the Sign Officer. Seasonal signs are subject to all requirements of this subchapter. Seasonal signs may be displayed as follows:

   (A)   A business may display one seasonal sign for a period not to exceed seven consecutive months, minus any period for which one or more temporary sign permits have been issued in that calendar year. Any seasonal sign which remains in place beyond this period constitutes a violation of this chapter.

   (B)   A business shall be granted no more than one seasonal sign permit per calendar year.

   (C)   No seasonal sign shall exceed 16 square feet in area.

   (D)   Seasonal signs shall comply with design requirements of this chapter provided that seasonal signs shall not be internally illuminated.

(Ord. 2012-1, passed 4-2-12)

   (A)   Except for nonconforming and exempt signs, all signs shall comply with the terms of this section. A sign may vary from the requirements set forth in this section only upon the issuance of a special use permit by the Zoning Board of Review. In making the decision for special use permits to exceed requirements set forth in this section, the Zoning Board of Review shall consider the following factors and characteristics, in addition to those requirements set forth in § 902:

      (1)   Quality, character, and appropriateness of proposed sign;

      (2)   Aesthetic impact of the sign on the public right-of-way;

      (3)   The total amount of sign area on the premises;

      (4)   Existence of non-conforming sign(s) on the premises;

      (5)   Site design and layout of the property.

   (B)   Number allowed.

      (1)   No more than three types of signs may be displayed per building or parcel, regardless of the number of occupancies. For example, a building may have pole, awning, and wall signs; or wall, projecting and awning signs.

      (2)   The total number of signs per building is limited to two, unless the building has more than one occupancy, in which case there can be one sign per occupancy plus one additional sign for the building. In addition, the number of signs per building/use shall comply with the Number Permitted table set forth below.

      (3)   Buildings located on parcels fronting on two public ways may display one building-mounted sign in addition to the number of building-mounted signs permitted in Number Permitted table set forth below. In no case shall more than one of the permitted building mounted signs be visible from any single public way.

      (4)   In addition to the signs permitted by the Number Permitted table set forth below, any use with more than one public entrance is permitted one sign for each additional public entrance. Such sign may be wall-mounted or projecting, shall not exceed three square feet in area, and must be displayed adjacent to or above a public entrance.

 

      (1)   Color. No more than four colors may be used in a sign, except for pictures or illustrations. Day-Glow and similar super-bright colors are prohibited.

      (2)   Type.

         (a)   Entry signs shall either be a monument or post sign, or else incorporated into an architectural feature such as a stone wall.

         (b)   Directory signs shall be of monument design.

      (3)   Plaza signs. The design/display board of plaza, directory or any other multi-tenant sign shall be of an integrated and uniform design.

   (D)   Dimensional criteria.

      (1)   Freestanding signs.

         (a)   Freestanding signs shall meet the requirements set forth in the Maximum Sign Area and Height: Freestanding Signs table set forth below.

         (b)   Pole signs shall have a minimum ground clearance of eight feet.

 

         (a)   In a single-tenant building, the size of the building-mounted sign shall not exceed one square foot in area for each lineal foot of the facade on which it is displayed up to the maximum area specified in the Maximum Sign Area: Building-mounted Signs table set forth below.

         (b)   In a multiple-tenant building, the size of each individual building-mounted sign shall not exceed one square foot in area for each lineal foot of the wall of the portion of the building containing the individual use and on which the sign is located, up to the maximum specified in Maximum Sign Area: Building-mounted Signs table set forth below.

 

      (1)   General.

         (a)   No sign may be affixed to a utility pole, or traffic control structure, or to a tree, shrub, or other natural object.

         (b)   Signs shall not obscure arches, sills, moldings, cornices, and transoms and similar architectural features.

      (2)   Building-mounted signs.

         (a)   Wall-mounted signs shall project no more than 16 inches from the surface upon which they are mounted. No wall-mounted sign shall extend above the lowest point of the roof, nor beyond the ends of the wall to which it is attached.

         (b)   Awning signs over a sidewalk or public way shall be at least eight feet above the sidewalk or way, measured from the lowest point of the sign. No awning sign shall extend beyond the valance of an awning or be attached to the underside of an awning.

         (c)   Projecting signs shall not extend into a vehicular public way or be less than eight feet above a pedestrian public way or less than 13 feet over a lane way, alley or driveway measured from the lowest point of the sign. No projecting sign shall extend above the roof line or extend into a vehicular public way.

      (3)   Freestanding signs shall be setback a minimum of five feet from any public right-of-way.

   (F)   Illumination. Signs shall only be illuminated in accordance with this division and with the Illumination table set forth below.

      (1)   No sign may be illuminated if, because of intensity or direction of illumination, it unreasonably interferes with neighboring land uses or constitutes a hazard to pedestrian or vehicular traffic.

      (2)   Exposed electrical wires may not be used in connection with illuminated signs.

      (3)   Signs shall not be illuminated after 11:00 p.m. unless the premises are open during such hours.

      (4)   Internal illumination.

         (a)   Internally illuminated box/cabinet signs shall have dark opaque backgrounds with light colored letters and graphics.

         (b)   Signs internally illuminated by gas-filled light tubes must be placed so that the tubes are not exposed to view from a sidewalk or public way.

      (5)   External illumination.

         (a)   Signs with exterior illumination shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign.

         (b)   Box/cabinet signs shall not be externally illuminated.

 

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12)

   The street address of all commercial and industrial buildings shall be prominently displayed so as to be visible from the public right-of-way, in accordance with Section 10.13.1 of the RI Uniform Fire Code (NFPA 1) and as follows:

   (A)   The address shall be conspicuously placed, in a color contrasting with the background, on a freestanding sign if present or else incorporated into a building-mounted sign or attached directly to the building. Such address shall not be counted toward the maximum sign area as set forth in § 1211 provided no more than two square feet is devoted to said address.

   (B)   Addresses must be clearly visible to traffic in either direction from the street to which each unit is addressed. Buildings with parking and access areas provided at their side or rear shall have additional numbers displayed on the building that are visible from any and all such parking and access areas.

   (C)   Address displays located no farther than 100 feet from the curb line of the street shall have numbers of not less than eight inches in height. Address signs set back greater than 100 feet shall have numbers of not less than 12 inches in height.

(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07; Am. Ord. 2012-1, passed 4-2-12)