There is a need for regulations that recognize the benefits of signage and provide clear guidelines for installation of signs so as to help maintain and complement the City of Newport's diversity of distinct neighborhood, each with its own charm and character:

The regulation of signs protects public safety by assuring signs do not obstruct lines of sight for drivers or sidewalks for pedestrians;

Sign regulation promotes general welfare in minimizing accumulation of debris and promoting sensitivity to the physical environment;

These regulations enhance property values and increase business opportunities through reduction of visual clutter; and

Sign regulation promotes a heightened aesthetic environment by encouraging distinctive and appealing signs.

It is the intent of this chapter to:

A.

Establish rules and regulations to control and regulate all signs in the city;

B.

Maintain a high degree of excellence in the quality of all signs;

C.

Prevent the proliferation of signs which cause visual clutter and disharmony; and

D.

Encourage a rational pattern of signs with regard to the area where such signs are located to promote community aesthetics and public safety.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.01)

(Ord. No. 2009-19, § 1, 6-24-2009)

As used in this chapter:

"A-Frame" refers to a general category of nonpermanently mounted ground signs, including, but not limited to, stanchions, collapsible, pedestal, and similar portable sign devices.

"Awning" means a cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.

"Business Frontage" means the length of the business face which includes either a major public entrance, direct viewing from a public right-of-way or public access easement, or business length that directly abuts harbor waterways.

"Combined use lot" means a parcel of land or no more than three contiguous lots under common ownership, containing no less than seven hundred fifty thousand (750,000) square feet of land and located in the commercial-industrial district.

"Sign" means any billboard, illustration, insignia, letters, lettering, logo, picture, display, banner, pennant, flag or other device, however made, displayed, painted, supported or attached, intended for the purpose of advertisement, identification, publicity or notice, when located and intended to be visible from off the property or from a parking lot. A merchandise display within the premises shall not be considered a sign.

"Sign area" means the area of the smallest triangle, rectangle or circle which can wholly enclose the surface area of a sign. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where the two faces are parallel, only one side shall be counted. Three-dimensional signs shall be treated as dual-faced signs such that the total area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. Frames and structural members that do not meet the definition of sign shall not be included in the computation of sign area.

Sign, Banner. "Banner Sign" means a graphic composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

Sign, Business. "Business sign" means a sign which identifies or advertises a permitted business, including permitted home occupations, located on the premises where such sign is located.

Sign, Directory. "Directory Sign" means a sign on a building which provides an organized listing of multiple businesses and guidance as to where they are located.

Sign, Electric. "Electric sign" means a sign that provides artificial light directly or through any transparent or translucent material.

Sign, Freestanding. "Freestanding sign" means a sign not supported by a wall or screening surface.

Sign, Illuminated. "Illuminated sign" means a sign illuminated by artificial light focused upon or directed chiefly at the surface of the sign.

Sing, Incidental Business. "Incidental Business Sign" means a sign, generally informational, that has a purpose secondary to the use of the zone in which it is located. No sign with a commercial message legible from the public roadway shall be considered to be incidental.

Sign, Nonconforming Use. "Nonconforming use sign" means a sign which identifies or advertises a use on the premises, which use is not currently allowed under the zoning code.

Sign, Projecting. "Projecting sign" means a sign other than a wall mounted sign which projects from and is supported by a wall or screening surface.

Sign, Residential. "Residential sign" means a sign, other than the name and address of the resident, which identifies the residential premises on which it is located.

Sign, Temporary. "Temporary sign" means a sign which is displayed for a limited period of time.

Sign, Wall Mounted. "Wall mounted sign" means a sign which is attached directly to or painted upon a wall or screening surface and which does not extend more than twelve inches therefrom. Signs located inside a building and intended to be visible from off the property or from a parking lot shall be considered wall mounted signs.

Sign, Window. "Window sign" means a sign which is attached directly to or painted upon the inside or outside of a window.

(Ord. 2000-4 (part), 2000: Ord. 98-11 § 1, 1998; Ord. 65-94 (part), 1994: prior code § 1262.01.02)

(Ord. No. 2009-19, § 1, 6-24-2009)

The administration of this chapter is hereby vested in the director of the department of planning, zoning, development and inspections of the city, who shall be responsible for:

A.

Determining conformity of all proposed signs with the provisions of this chapter;

B.

Forwarding to the historic district commission, prior to the issuance of a license, for its review and recommendation, all applications for new signs proposed to be erected in the historic district.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.03)

A permit shall be required for all signs other than those specifically exempted under Section 17.76.110 "signs permitted in all areas." Application for such a permit shall be on forms as required by the director of planning, zoning, development and inspections and shall be accompanied by a scale drawing indicating the following where applicable:

A.

The size of the proposed sign, the general configuration of lettering and/or symbols and such descriptive material as may be necessary to fully explain the intent of the application;

B.

The location of the proposed sign in relation to the building and all property lines; and

C.

The dimensions of the linear frontage of the structure on which the proposed sign is to be located.

D.

In the case of a business sign, the dimensions of the linear business frontage.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.04)

(Ord. No. 2009-19, § 1, 6-24-2009)

All applications for a sign permit shall be accompanied by an application fee of thirty-five dollars ($35.00) per each sign plus an additional twenty-five dollars ($25.00) if Historic District review is required.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.05)

(Ord. No. 2009-19, § 1, 6-24-2009)

All applications for signs to be located in the historic district shall be forwarded by the director of the department of planning, zoning, development and inspections to the historic district commission for review and recommendations. No such application shall be acted upon by the director until a report has been received from the commission. If the commission does not report within forty-five days from the date of referral by the director, then the director may act without the report.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.06)

Any sign which, on September 22, 1971, did not conform to the provisions of this chapter shall be considered nonconforming. No nonconforming sign shall be structurally altered, enlarged, moved, or replaced unless the sign is brought into compliance with the provision of this zoning code and the nonconforming features of the sign eliminated. A change to the name of the business or content of the sign shall be considered replacement as referenced above.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.07)

The director of the department of planning, zoning, development and inspections is hereby authorized to enter upon any premises where signs or advertising devices are maintained or displayed, for the purpose of inspecting the same. The director may remove any and all such signs and advertising devices which are not in conformity with this chapter, provided that any person maintaining or displaying the same has been convicted of a violation of any of the provisions of this chapter regarding the same.

Any sign installed or placed on or over public property or right-of-way, except in conformance with these requirements, shall be forfeited to the public and subject to confiscation by the City. In addition, the City shall have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of the sign.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.08)

(Ord. No. 2009-19, § 1, 6-24-2009)

Projecting signs may extend a maximum of four feet from a building, wall or screening surface but in no case shall a sign extend closer than eighteen (18) inches from the curb line. Any sign which extends over a sidewalk shall be at least eight feet above such sidewalk. Freestanding signs shall not extend beyond the property line of the lot on which they are located. Light sources which cast light on signs shall be shielded so as not to be visible from off the property where they are located. Light sources and shields which are an integral part of the sign shall be subject to the same regulations that apply to the sign itself.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.09)

(Ord. No. 2009-19, § 1, 6-24-2009; Ord. No. 2024-18, § 1, 7-24-2024)

Unless otherwise specified elsewhere in this chapter, all signs shall pertain to the principal use, service rendered or product sold on the premises on which the sign is located and no sign shall include advertisement, identification, publicity or notice of goods, services, establishment, enterprises, activities, persons, organizations and facilities which are not located on the premises or which are incidental to the primary use of the premises.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.10)

Signs listed in this section are permitted in all areas, shall not require permits and shall not be counted when calculating the quantity of signs and the total allowable sign area. However, such signs shall conform with all other applicable provisions of this chapter. Signs permitted in all areas include:

A.

The name and address of the resident, but not including any commercial advertising, of not more than two square feet in sign area, one square foot in the historic district. Such signs shall be nonilluminated.

B.

No trespassing signs or other such signs regulating the use of the property on which they are located, provided that such signs do not exceed an area of two square feet in any district, except the commercial-industrial district, in which district such signs may not exceed five square feet in area. Such signs shall be nonilluminated.

C.

Temporary signs which advertise the sale, rental, lease or improvement of the property on which they are located, provided that such signs do not exceed an area of six square feet in any residential district and twenty (20) square feet in a nonresidential district, thirty (30) square feet in the commercial-industrial district. In the case of a sign advertising pending improvement, no such sign shall be in place longer than sixty (60) days prior to commencement of such improvement. Temporary signs shall be removed within ten (10) days after completion of the activity advertised. Such signs shall be nonilluminated.

D.

Temporary signs not larger than twelve (12) square feet advertising auctions and special events of charitable or public service groups, provided that such signs are not in place for more than ten days and are nonilluminated and nonelectric.

E.

Bulletin boards for public, charitable or religious institutions when located on the property thereof, provided that the area of such signs does not exceed twenty-five (25) square feet and bears no commercial advertising. Such signs may be illuminated.

F.

Signs identifying on-premises traffic, parking or another functional activity, such as lavatory facilities and telephones, signs denoting other sections of a building, and signs denoting entrances, offices, etc., bearing no commercial advertising. There shall be not more than one sign for each activity, and no sign shall exceed two square feet if wall mounted or four square feet if freestanding. All such signs may be illuminated.

G.

Signs erected by the city and traffic control devices erected by the state, all bearing no commercial advertising.

H.

Memorial signs or tablets and signs denoting the date of erection of buildings. Such signs shall be nonilluminated.

I.

The flag, emblem or insignia of any government, or of any religious, professional, educational, charitable or fraternal organization.

J.

Permanent residential development signs at major entrances designed to identify a residential development and containing no commercial advertising, provided that the area of such signs does not exceed fifteen (15) square feet. Such signs may be illuminated.

K.

Signs identifying churches and places of worship when located on the property thereof. Such signs may be illuminated.

L.

Signs on awnings, provided that such signs so located are affixed flat to the surface thereof. No such sign shall extend vertically or horizontally beyond the limits of such awning or have a total area in excess of one-half of a square foot for each lineal foot of the front of the awning. Such signs shall be nonilluminated and nonelectric.

M.

Incidental business signs indicating hours of operation, credit cards, business affiliations, no parking, entrance, loading only, and the like, provided that the aggregate area of all such signs for a single business does not exceed two square feet per entrance.

N.

Signs on theaters advertising current and coming attractions, provided that the aggregate area of such signs does not exceed two hundred fifty (250) square feet. Such signs may be illuminated or electric. A license shall be required for the erection of the frame. However, the copy within the frame may be changed from time to time without a license.

O.

Election campaign signs are permitted on private property in any zoning district.

P.

Business internet address signs in windows when in compliance with total aggregate area for window signs prescribed in Section 17.76.150, Business Signs, paragraph C., Size.

Q.

Temporary signs not larger than fifteen (15) square feet advertising major recreational events or temporary accessory uses for major recreational events, provided that such signs are erected only on or adjacent to the properties on which the event will take place, and are non-illuminated and non-electric. Such signs shall be erected no earlier than thirty (30) days prior to the event and removed within seven days after the conclusion of the event.

(Ord. 2000-4 (part), 2000; Ord. 65-94 (part), 1994: prior code § 1262.01.11)

(Ord. No. 2009-19, § 1, 6-24-2009; Ord. No. 2020-02, § 6, 2-26-2020; Ord. No. 2024-02, § 5, 1-10-2024)

Editor's note— See editor's note, § 17.08.010.

The following signs are not permitted and shall not be erected or maintained in any area:

A.

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

B.

Signs which have any visible moving parts, including signs which achieve movement by the action of wind currents. Hanging signs which simply swing in the wind, clocks, time and temperature signs and barber poles are exempted, provided that they comply with all other provisions of this chapter.

C.

Signs or sign structures which constitute a hazard to public safety or health.

D.

Signs which, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.

E.

Signs which obstruct free ingress to or egress from a fire escape, door, window or other required exit way.

F.

Signs which use words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

G.

Obsolete signs which no longer advertise a bona fide business conducted or a product sold on the premises. Obsolete signs shall be removed within thirty (30) days after the activity ceases.

H.

Signs on public property or public rights-of-way, other than signs erected by the city or traffic control devices erected by the state, unless specifically authorized by the city council.

I.

Signs painted on, attached to or supported by a tree, stone, cliff or other natural object.

J.

String lights and strip lighting, other than those associated with events of religious and charitable organizations, for a period not to exceed ten days, and other than temporary holiday decorations.

K.

Searchlights, pennants, spinners, and streamers, other than those associated with events of religious and charitable organizations, for a period not to exceed ten days.

L.

Any sign displayed on an automobile, truck, or other motorized vehicle when that vehicle is used primarily for the purpose of such advertising display.

M.

Temporary signage (except as allowed in subsection A. of Section 17.76.160), including A-frame and non-permanently mounted ground signage with the exemption of an allowance for one temporary sign per business located in the LB, WB, TM, CI, and GB zones. Such sign shall not exceed ten square feet in area and is to be located on the lot of record for that business and the sign is to be setback three feet from the property line. One additional sign is allowed when the lot of record fronts more than one public right-of-way. Such sign(s) shall not be in place prior to 8:00 a.m. each day and shall be removed by 11:00 p.m. each evening. A-frame and temporary signs must be properly secured and used in a manner so as not to cause harm to the public.

(Ord. 2001-25 (part), 2001; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.12)

(Ord. No. 2009-19, § 1, 6-24-2009)

Every sign and all parts thereof, including the framework, supports, background, anchors and wiring systems, shall be constructed and maintained in compliance with the applicable building, electrical and fire prevention codes of the city. All signs and all parts thereof shall be kept in good repair.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.13)

All residential signs shall conform to the following provisions:

A.

Location. Residential signs may be wall-mounted or projecting. They may be freestanding if the building to which the sign is referring is setback at least five feet at the location of the intended sign. In the historic district, no freestanding sign shall be allowed.

B.

Quantity. There shall be not more than one residential sign per lot.

C.

Height. No freestanding residential sign shall exceed a height of six feet. No wall-mounted or projecting sign shall project above the cornice line of the building on which it is located.

D.

Illumination. All residential signs shall be nonilluminated and nonelectric.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.14)

All business signs shall conform to the following provisions:

A.

Location. Business signs shall be treated the same as residential signs with regard to location, except in the commercial-industrial district, where all freestanding signs shall be at least twenty-five (25) feet from any property line. Freestanding signs on a combined use lot shall be at least twenty-five (25) feet from any property line or sixty (60) feet from the center line of the public road or highway which abuts the property along which the sign is located, whichever is less.

B.

Quantity. There is no limit to the number of business signs permitted. However, the total aggregate area of all business signs shall not exceed the total amount of linear frontage as prescribed in paragraph C., Size. Where freestanding signs are permitted, one such additional freestanding sign per lot shall be allowed. Area of freestanding signs as prescribed in paragraph C., Size, shall not count towards total aggregate area for business signs. Combined use lots are limited to a total of two freestanding signs. Under no circumstance is more than one projecting sign per frontage allowed. In the case of covered walks and/or interior malls, one additional sign per business is allowed not in excess of two square feet per business and denoting only the name of the business and the entrance thereto.

C.

Size. Business signs shall not exceed a total area of four square feet in any residential district. Wall-mounted and projecting business signs in business districts shall not exceed a total area equal to one square foot for each lineal front foot of that part of the structure which contains the business frontage on which such signs are located. Such signs in the commercial-industrial district shall not exceed a total area equal to one and one-half square feet for each lineal front foot of that part of the structure which contains the business frontage on which such signs are located. Where a freestanding business sign is allowed, no such sign shall exceed an area of thirty (30) square feet in business districts outside the historic district or forty-five (45) square feet in the commercial-industrial district. Freestanding signs on a combined use lot may not exceed one hundred fifty (150) square feet per business or three hundred (300) square feet per sign where more than one business exists on the combined use lot. A window sign shall not in the aggregate exceed fifty (50) percent of the window size.

D.

Height. No business sign in a residential district or in the historic district which is wall mounted or projecting shall project above the cornice line of the building on which it is located. In a business district outside the historic district or in the commercial-industrial district, no such sign may extend over four feet above the cornice line. Freestanding signs shall not exceed a height of six feet in residential districts, twenty (20) feet in business districts and twenty-five (25) feet in the commercial-industrial district.

E.

Illumination. Business signs in residential districts shall not be directly illuminated. Business signs in business districts within the historic district may be directly illuminated. Business signs may be electric in business districts other than within the historic district.

(Ord. 2000-4 (part), 2000: Ord. 98-11 § 2, 1998: Ord. 65-94 (part), 1994: prior code § 1262.01.15)

(Ord. No. 2009-19, § 1, 6-24-2009)

A.

Advertising by means of signboards which are carried by a person, including so-called sandwich boards, shall be allowed subject to the following terms and conditions:

1.

Said signboards shall not be in excess of twenty (20) inches in width or more than forty (40) inches in length;

2.

Signboard advertising shall be permitted only on sidewalks, and only in areas zoned as business districts;

3.

Signboard advertising shall be restricted to daylight hours.

B.

Fixed signs which include advertisement, identification, publicity or notice of goods, services, establishments, enterprises, activities, persons, organizations and facilities which are not located on the premises, are allowed only in the commercial-industrial district. However, no such sign shall exceed an area of six hundred seventy-five (675) square feet; shall be located at least twenty-five (25) feet from any property line; shall be at least two hundred (200) feet from any residential district line and shall not exceed a height of twenty-five (25) feet above the ground. Such signs may be illuminated. The lots on which the signs are located shall contain no other use and shall be properly maintained by the owner of the signs.

C.

Directory signs may be permitted on corner lots of record in the Waterfront Business zone to promote businesses located along the public wharves and rights-of-way. The property owner of record must submit an application for a sign permit, fees, and sign plan to the director of planning, zoning, development and inspections, or designee. Permission is subject to the approval of the submitted sign plan by the director, or designee. Said sign plan shall address the proposed location of the sign, size, text of business directory panels, and directional icons. The sign shall not exceed thirty-six (36) square feet in total area and shall be wall-mounted on the exterior of the corner building facing oncoming vehicular traffic. Business names must be formatted in a vertical, stacked list with each business name sign plate not to exceed five inches in vertical height. Only one primary name sign plate is allowed per directory sign, preferably the name of the wharf or right-of-way, and shall not exceed seven inches in height. The sign shall not be backlit or internally illuminated. Approval of any directory sign shall also be subject to the removal of all nonconforming signage for the corner property of record and for all businesses listed on the directory sign.

D.

The following described billboards which have been "grandfathered" by a decision of the Rhode Island Supreme Court are exempt from the operation of this section and shall be allowed as follows:

1.

Van Zandt Avenue, one single pole unit with provisions for a parking lot or tot lot;

2.

Wellington and Thames Streets, four units refurbished and landscaping with fencing on back of property;

3.

Thames Street and Narragansett Avenue, two units with new trim and lights; and

4.

Thames Street and Morton Avenue, three single-pole units with illumination with lot fenced in.

All of the above locations shall be maintained on a weekly basis.

In order to protect the quality of life for residents in the residential and limited business zones, these billboards cannot be enlarged, expanded or intensified in any way, including the addition of flashing or moving illumination of light emitting diode (LED) technology.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.01.16)

(Ord. No. 2009-19, § 1, 6-24-2009)

A.

Non-governmental signs are only allowed on public property such as streets, sidewalks, parks, and other City of Newport property or property managed by the City of Newport if specifically reviewed and approved by the city council. The review by city council is subject to details and provisions determined by the city council, including, but not limited to, sign type, number, location and duration.

B.

Applications for such review and approval will include a detailed, scaled plan to be provided to the city clerk for private signage on public property. The plan will include a narrative request from the applicant, a drawing or photo for each sign with the proposed size, a map of the proposed sign location(s), and the requested duration for each proposed sign. Proposed signs will be situated in such a manner to not impede pedestrian or vehicular traffic.

C.

Banner signs are allowed on public property subject to city council review and approval. An application should be provided to the city clerk including the application material as reference in section B. In addition, written approval from the property owner(s) must be provided, plus utility and/or state agency party approvals. A Certificate of Liability Insurance naming the City of Newport as the certificate holder must be provided. The certificate will stipulate one million dollars ($1,000,000.00) coverage personal bodily injury and two million dollars ($2,000,000.00) coverage for general aggregate coverage. An applicant may not be granted more than half of the available poles for banner use.

D.

All banner signs shall have a vertical clearance from the ground of a minimum of thirteen (13) feet over pedestrians and sixteen (16) feet over streets or areas used by motorized vehicles.

E.

Banner and other non-governmental signs shall be installed no earlier than three weeks prior to the event it is promoting, unless otherwise approved by council, and must be removed within three days after the conclusion of the event, or by an alternate deadline established by council.

F.

Fees for approved signs or banners on public property will be twenty dollars ($20.00) per day for up to twenty (20) signs or banners to be paid to the city clerk.

(Ord. No. 2009-19, § 1, 6-24-2009)

Private parking lot directional signage may be authorized by the city manager to be mounted on public property such as street signs, poles or other public property, subject to compliance with city specifications for sign design, size, color, location, installation, and maintenance. No commercial advertising or parking rates will be allowed on the signage. Such signage will only be allowed in the WB and GB zones. There will be an annual fee of one hundred dollars ($100.00) per year for each sign placed on public property for such purpose.

(Ord. No. 2009-19, § 1, 6-24-2009)