Zoneomics Logo
search icon

Newmarket City Zoning Code

ARTICLE IV

- SIGNS

Sec. 32-120. - Purpose.

Consistent with the overall purpose of this chapter, it is the town's intent to require signs, which enhance the character of the community and protect its visual environment. Businesses need identification and the public needs direction, so the town must balance these needs with the protection of community. Excessive signs shall be prevented. Sizes, materials, mounting locations and other such factors shall be consistent with the public objectives in the area in which a sign is located. Signs shall be readable and clear, and properly maintained. Signs shall not cause safety problems.

(Ord. of 2-14-1996, § 4.01; Ord. of 5-7-2003; Ord. of 06-21-2017)

Sec. 32-121. - Application process.

Except as listed below, all new signs or modifications to signs shall require a permit from the code enforcement officer. A written application and a $50.00 fee shall be submitted to the town. The request shall have sufficient information to determine compliance with these requirements and shall include drawings.

(1)

Exempt signs. The following signs do not require a sign permit from the town, and are not subject to the setback requirements:

a.

Sign with a message area of one square foot or less, which bears only property numbers, post office box numbers, names of occupants, other non-commercial identification, or with a message of the following type: "Open," "closed," "now hiring," "vacancy," "no vacancy," etc.

b.

Directional sign, with no commercial message, indicating entrance and/or exit to a site, with a message area of two square feet or less.

c.

Legal notice, such as "no trespassing" signs, with a message area of two square feet or less.

d.

Business name and/or directional sign with a message area of three square feet or less which are located over doorways.

e.

Government or religious flags.

f.

Window sign, unless a neon-style/LED sign per section 32-123(b).

g.

Sign identifying lawn, garage or barn sales, with a message area of six square feet or less, and displayed not more than one day prior to the event and removed not more than one day following the end of the event providing such sale does not occur on more than four days per calendar year.

h.

Sign for a government election, with time limits as specified in state law, or if no state law applies, then erected no more than 45 days prior to the election and removed within ten days following the election, except for primaries where the winners signs may remain until ten days after the final election (see RSA 664 for further information).

i.

Real estate sign for the sale or lease of the property on which the sign is located, with total message area not to exceed the permitted message area for other freestanding signs on the property. Real estate signs, being temporary, shall be permitted in addition to other permitted signs. Off-site real estate signs shall be limited to directional signs, with a maximum message area of two square feet, indicating directions to properties for sale and/or open houses. Non-projecting signs, unless otherwise permitted, shall not be allowed within the public right-of-way. Real estate signs must comply with the Sign Height and Message Area table under Sec. 32-124(1)(b).

j.

Promotional sign for public or institutional events, as authorized by the town council.

k.

Directional sign to help locate facilities for persons with disabilities, with the message area not to exceed two square feet, as required for compliance with the Americans with Disabilities Act of 1990.

l.

Announcement board, with a message area not to exceed 12 square feet, on the property of the town, school, public service organization, or religious institution, because such activities are vital to the civic function of these properties.

m.

For construction in progress, one or more signs per lot with a total combined message area not to exceed 24 square feet, identifying the owner, architect, contractors, and/or developer, to be removed within one month of the completion of the project.

n.

Sign for fraternal or social clubs, local service agencies and philanthropic organizations, which identifies meeting times and locations, with a message area of three square feet or less.

o.

Awnings with messages, as permitted in section 32-46(c)(4) in the M-2 and M-2A district. Awnings shall not be of translucent material.

p.

One subdivision identification sign, not to exceed 12 square feet in size and six feet in height, at the entrance of a subdivision denoting the name of the development, provided the signage is located out of the public right-of-way and is approved by the Planning Board.

(2)

Maintenance. No permit shall be required for normal maintenance, which shall include repainting and other surface renewal.

(Ord. of 2-14-1996, § 4.02; Ord. of 5-7-2003; Ord. No. 5-2016/2017, § 3, 6-21-2017; Ord. of 06-21-2017)

Sec. 32-122. - Sign content.

The town has no intention of restricting individual free speech, but the town does recognize its right to place reasonable restrictions upon commercial speech. Further, the town wishes to prevent excessive or unnecessary signs along road corridors. In keeping with this reasoning, off-site commercial signs shall be prohibited. The town, however, may develop and install a standardized system of municipally-owned business directional signs, similar to the state system, to better index the community for people.

(Ord. of 2-14-1996, § 4.03; Ord. of 5-7-2003; Ord. of 06-21-2017)

Sec. 32-123. - General design standards.

(a)

Illumination.

(1)

Each light source shall be located, directed and/or shielded such that it is not visible at any point along the property boundary, nor from any right-of-way or neighboring property; and

(2)

Internal illumination of signs is permitted only in the B-1 District. The method of internal illumination shall be limited to the following techniques:

a.

Backlighting of non-translucent letters, characters and/or symbols surface mounted on a non-translucent background.

b.

For signs with a translucent message face and an internal light source, letters, characters and/or symbols shall be light colored against a darker colored background.

(b)

Neon/LED-style. One neon/LED-style window sign shall be permitted in each business in the B-1, B-2, M-2 and VC districts, provided they are not located on a mill building. Message area shall not exceed four square feet. Neon/LED-style signs shall be prohibited in all other districts. Such signs shall not blink or flash.

(c)

Motion. Moving signs, or signs which give the appearance of motion, shall be prohibited.

(d)

Flashing/blinking. Flashing, blinking, alternating type electronic message centers, or digital type lighting shall be prohibited.

(e)

Materials. Except for the sign face of a permitted, internally illuminated sign, the use of plastic shall be prohibited on the exterior of signs and their supporting structures. Wood, wrought iron, metal, stone, brick, and other natural materials, which are more traditional building materials in the region, should be used to the maximum extent feasible. High Density Urethane (HDU) signs, giving the appearance of wood, are permitted; however, other forms of plastic are not allowed.

(f)

Projection. Signs shall not project over a public street, but projecting signs, as permitted herein, may project over town sidewalks, and over other sidewalks with the sidewalk owner's consent. A minimum of eight feet of clearance underneath shall be provided.

(g)

Placement. Signs shall not be placed in such a position as to endanger vehicular, bicycle or pedestrian traffic by obstructing a clear view, by causing confusion with governmental signs and signals, or by any other means.

(h)

Movable signs. Movable signs shall be prohibited. No vehicle, including parts thereof, trailers, and other accessories, shall be used as a means of circumventing the purpose and intent of this chapter.

(i)

Lighted signs. Signs, other than neon signs where permitted, in which light sources create the message shall be prohibited.

(j)

Temporary items. The following shall be allowed for one week per calendar year by permit from the code enforcement officer: Search lights; balloons or other gas-filled figures; and banners and/or pennants. Feather flags, and pennants, as permanent fixtures, are not permitted in any zone.

(k)

Message boards. Message boards (whether digital, electronic, manual and/or with interchangeable letters) are not permitted in any zone.

(l)

Sandwich board signs. Sandwich board signs may be placed on sidewalks in the M-1, M-2, and M-2A Districts. They must be less than two feet wide and less than three feet high. Sandwich board signs may not obstruct a sidewalk to less than 48 inches of clear travel path. Such signs may only be placed on the sidewalk, while the business is open. Sandwich board signs shall be made of wood and shall be designed to they are not affected by less than storm force winds.

(Ord. of 2-14-1996, § 4.04; Ord. of 5-7-2003; Ord. No. 5-2016/2017, § 4, 6-21-2017; Ord. of 06-21-2017; Ord. No. 01-2024/2025, § 2, 6-18-2025)

Sec. 32-124. - Regulations by district.

Specific restrictions regarding the type, message area, height, setback, and illumination are as follows:

(1)

Freestanding signs. One freestanding sign per lot shall be permitted in all districts as follows:

a.

Setback. All freestanding signs shall be set back a minimum of five feet from the property boundary.

b.

Sign height and message area. Maximum sign height and message area shall be limited as follows:

Zoning District Maximum Sign Height
(feet)
Maximum Message Area (sq. ft.)
VC-N 12 32
VC-C 12 16
VC-S 12 32
M-2 12 16
M-3 8 16
M-4 12 32
B-1 12 32
B-2 12 32
B-3 8 32
R-1 8 12
R-2 8 8
R-3 8 8
R-4 8 8

 

c.

In the VC, M-2, and B-1 districts, a projecting sign may be substituted for a freestanding sign. The message area shall not exceed eight square feet, and no part of the sign or its supporting mechanisms shall extend above the top of the wall to which the sign is attached.

d.

In the B-3 district, signs must be made of wood or other natural materials and shall not be internally lit. Any lighting shall be directed from above and shall be installed and maintained so that no light is directed onto roadways or abutting properties.

(2)

Wall signs.

a.

Districts. In addition to freestanding signs, wall signs shall be permitted on primary buildings in the following districts: VC, M-2, M-3, M-4, B-1, B-2, and B-3. In all other districts, wall signs shall be permitted only as an alternative to a freestanding sign.

b.

Height. The top of the wall sign shall not extend above the top of the wall to which it is attached.

c.

Number of wall signs. Not more than one wall sign shall be permitted per lot, except for a lot with multiple businesses, in which case each business shall be permitted its own wall sign; or a lot adjoining two or more streets, in which case a wall sign facing each street shall be permitted.

d.

Message area. The message area of a wall sign shall not exceed three percent (or five percent with a special use permit approved by the planning board) of the area of the wall to which it is attached. Where the wall may include two or more off-set sections parallel to one another, the area of the wall shall include the area of all the sections parallel to and facing the same direction as that portion of wall to which the sign is attached. Where multiple wall signs are permitted, the sum of the message areas shall not exceed three percent (or five percent if approved by special use permit approved by the planning board) of the area of the front wall of the primary structure on that lot.

(Ord. of 2-14-1996, § 4.05; Ord. of 5-7-2003; Ord. No. 5-2016/2017, § 5, 6-21-2017; Ord. of 06-21-2017; Ord. No. 01-2024/2025, § 2, 6-18-2025)

Sec. 32-125. - Signs in platted right-of-way.

Except as otherwise provided herein, no sign shall be permitted within any platted right-of-way.

(Ord. of 2-14-1996, § 4.06; Ord. of 5-7-2003; Ord. of 06-21-2017)

Sec. 32-126. - Maintenance.

All surfaces and supporting structures of signs, whether erected prior to the effective date of the ordinance from which this chapter is derived or not, shall be maintained in a safe and well-kept and aesthetically pleasing condition to the satisfaction of the code enforcement officer.

(Ord. of 2-14-1996, § 4.07; Ord. of 5-7-2003; ; Ord. No. 5-2016/2017, § 6, 6-21-2017; Ord. of 06-21-2017)

Sec. 32-127. - Nonconforming signs.

Signs lawfully in existence before the adoption of regulations, which make them nonconforming, shall be permitted to continue in existence and be maintained. No change in type, size of message area and/or support structure, height, location, message, illumination, number, or material shall be permitted without application to and approval from the town. Nonconforming aspects of the sign may continue, but no additional types of nonconformity shall be created by any change. Permitted changes may allow reduction in any one or more nonconforming aspects, but shall not allow any nonconforming aspect of the sign to become increasingly nonconforming. If a nonconforming sign is abandoned, the grandfathered rights shall terminate, and any replacement shall comply with the requirements of this chapter.

(Ord. of 2-14-1996, § 4.08; Ord. of 5-7-2003; Ord. of 06-21-2017)