Rochester City Zoning Code
ARTICLE 29
Signage
[Amended 6-16-2015]
§ 275-29.1 Applicable regulations.
All signs shall comply with the regulations for the erection and construction of signs contained in the Building Code of the City of Rochester and other applicable City regulations, except as shall be under the jurisdiction of RSA 236:69 to 236:89. Signs shall be permitted in accordance with the following regulations.
§ 275-29.2 Purpose and intent.
The purpose of this article is to create a legal framework to regulate the type, number, location, size, and illumination of signs on private property in order to maintain and enhance the character of the City's commercial district and residential neighborhood and to protect the public from hazardous and distracting displays.
§ 275-29.3 Nonconforming signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A sign which was lawfully established prior to the adoption or amendment of this article but which does not meet the requirements of this article is considered a nonconforming sign. Nonconforming signs and sign structures may remain or must be removed as follows:
A.
Applicable provisions of Article 30, Nonconforming Property, of this chapter shall apply unless superseded herein.
B.
No changes in the sign or sign structure are permitted except for basic maintenance and repairs necessary to keep the sign in good working order or other changes which bring the sign into compliance. No nonconforming sign shall be reconstructed, modified, or relocated except for changes to the sign face itself within the same size and shape to accommodate a change of copy. A nonconforming sign which is damaged beyond repair due to a cause beyond the control of the owner may be replaced within one year of when damage occurs.
C.
Nonconforming signs may not be altered in any way.
D.
Existing temporary signs which are not in compliance with this article are not considered to be "grandfathered" under this article. If any notification of noncompliance is given from the Director of Building, Zoning, and Licensing Services or his/her designee, these signs or conditions must be brought into compliance within 60 days from that notification.
§ 275-29.4 Permit required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All signs, regardless of size, shall require the issuance of a sign permit before public display unless otherwise specifically exempt by this article.
§ 275-29.5 Application process.
Application for a sign permit shall be to the Building, Zoning, and Licensing Services Department.
A.
The application should contain the following:
(1)
Name, signature, address and telephone number of the applicant.
(2)
Owner's authorization for the application if not the applicant.
(3)
Location of the building, structure or lot on which the sign will be located.
(4)
The district where the sign will be located.
B.
Historic District. Signs in the Historic District, except for portable easel, placard, and sandwich board signs, are subject to review by the Historic District Commission (see Article 14, Historic Overlay District).
§ 275-29.6 Construction documents.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Building, Zoning, and Licensing Services Department showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code.
§ 275-29.7 Changes to signs.
No sign shall be structurally altered, enlarged or relocated, except in conformity with the provisions herein, until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign, shall not be deemed a structural alteration.
§ 275-29.8 Permit fees.
Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction.
§ 275-29.9 Prohibited signs.
The following devices and locations shall be specifically prohibited:
A.
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
B.
Except as provided for elsewhere in this article, signs encroaching upon or overhanging public rights-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.
C.
Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or to have the appearance of municipal vehicle warnings from a distance.
D.
Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
(1)
The primary purpose of such a vehicle or trailer is not the display of signs.
(2)
The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
(3)
The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
E.
Vehicles and trailers used primarily as static displays, advertising a product or service, or utilized as storage, shelter or distribution points for commercial products or services for the general public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Snipe signs.
§ 275-29.10 Exempt signs.
The following signs shall be exempt from the provisions of this chapter:
A.
Official notices authorized by a court, public body or public safety official.
B.
Directional, warning or information signs authorized by federal, state, or municipal governments.
C.
Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
D.
The flag of a government or noncommercial institution, such as a school.
E.
Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
F.
Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed six square feet (0.56m2) in area.
G.
Signs required, or deemed necessary for the public welfare and safety, by a municipal, state, or federal agency such as traffic control and directional signs.
H.
Interior signs.
§ 275-29.11 Definitions.
For the purpose set forth in this article the following definitions apply:
ABANDONED SIGN
A sign structure that has ceased to be used and the owner intends no longer to have used.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this article, include the following types:
A.
ELECTRICALLY ACTIVATED
Animated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below.B.
FLASHING
Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this article, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds eight seconds.C.
MECHANICALLY ACTIVATED
Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "awning," "backlit awning" and "canopy, attached and freestanding."
AWNING
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGN
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "wall or fascia sign."
BACKLIT AWNING
An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BILLBOARD
See "off-premises sign" and "outdoor advertising sign."
BUILDING
A structure which has a roof supported by walls for shelter, support, or enclosure of persons, animals, or chattel.
CANOPY (ATTACHED)
A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "marquee."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CANOPY (FREESTANDING)
A multisided overhead structure supported by columns but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy.
CHANGEABLE SIGN
A sign with the capability of content change by means of manual or remote input, including signs which are:
A.
ELECTRICALLY ACTIVATED
Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."B.
MANUALLY ACTIVATED
Changeable sign whose message copy or content can be changed manually.COMBINATION SIGN
A sign that is supported partly by a pole and partly by a building structure.
COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with § 275-29.12G.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DOUBLE-FACED SIGN
A sign with two faces, back to back.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER
An electrically activated changeable sign whose variable message capability can be electronically programmed.
EXTERIOR SIGN
Any sign placed outside a building.
FLAG
A sign constructed of cloth and attached to a staff or pole.
FLASHING SIGN
See "animated sign, electrically activated."
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a single premises orientated to the public way or other properties that it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).
INTERIOR SIGN
Any sign placed within a building, but not including window signs as defined by this article. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.
MARQUEE
A permanent roof-like structure, including the structural support system, projecting beyond a building wall at the entrance to a building or extending along and projecting beyond the building wall.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
MENU BOARD
A freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area of such a sign utilized for business identification.
MULTIPLE-FACED SIGN
A sign containing three or more faces.
NONCONFORMING SIGN
Any sign that existed lawfully prior to the adoption or amendment of this article which now does not conform to the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
OFF-PREMISES SIGN
A sign which pertains to a business, industry, or other activity which is not located on the premises upon which the sign is located.
OFF-PREMISES SIGN, DIRECTIONAL
A sign on private property whose only purpose is to direct vehicular traffic for delivers and visitation and is not intended to be used as a form of advertisement.
ON-PREMISES SIGN
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
PERMANENT SIGN
A sign that is displayed for more than a total of 90 days in any one year.
POLE SIGN
See "freestanding sign."
POLITICAL SIGN
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building or building surface.[1]
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than 18 inches (457 millimeters) from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
SANDWICH BOARD SIGN
A portable sign shaped like an A-frame with a sign pane on one or both sides.
SIGN
Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
SIGN AREA
The area of the smallest geometric figure or the sum of the combination of regular geometric figures which comprise the sign face. The area of any double- sided or V-shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
SIGN FACE
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
SIGN STRUCTURE
Any structure supporting a sign.
SNIPE SIGN
Any sign of any size, made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is located.
SPECIAL EVENT
A temporary sign that is either on site or off site that provides identification or information pertaining to a special event or occurrence sponsored by a nonprofit or civic organization.
TEMPORARY SIGN
A sign not constructed for or intended for permanent use. Temporary signs may not be displayed for more than a total of 30 days in any one year.
WALL OR FASCIA SIGN
A sign that is attached to a vertical wall of a building that projects not more than 18 inches from the building or structure wall.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
WINDOW SIGN
A sign within one foot of a window intended to be visible to and readable from the public way or from adjacent property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The definition of "premises sign" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 275-29.12 General provisions.
A.
Conformance to codes. Any sign hereafter erected shall conform to the provisions of this article or regulation within this jurisdiction.
B.
Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the City Council after a recommendation is made by the Licensing Board.
C.
Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.
D.
Traffic visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
E.
Computation of frontage. If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
F.
Maintenance, repair and removal. Every sign permitted by this article shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Director of Building, Zoning, and Licensing Services, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this article, the owner thereof or the person or firm using the same shall, upon written notice by the Director of Building, Zoning, and Licensing Services, forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this article, or shall remove it. If within 10 days the order is not complied with, the Director of Building, Zoning, and Licensing Services shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Master sign plan required. All landlord or single-owner controlled multiple-occupancy development complexes, such as shopping centers or planned industrial parks, shall submit to the Building, Zoning, and Licensing Services Department a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits and shall address, at a minimum, the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Proposed sign locations.
(2)
Materials.
(3)
Type of illumination.
(4)
Design of freestanding sign structures.
(5)
Size.
(6)
Quantity.
(7)
Uniform standards for non-business signage, including directional and informational signs.
H.
Illumination.
(1)
No internally illuminated sign shall be used within 100 feet of any residential zone.
(2)
On externally illuminated signs, the light source shall be steady, stationary, shielded, downcast, and directed solely at the sign. The sign surface shall be nonreflective.
(3)
Illuminated signs shall send no glare onto the road or onto any neighboring residential properties.
I.
Removal of portable and other movable and temporary signs.
(1)
The Zoning Administrator, or other City personnel designated by the City Manager, shall cause to be removed any sign placed on or over any public right-of-way or public property that is without a valid permit or is not in compliance with the terms of a valid permit, or where such a sign is exempt from permit requirements, the sign is not in compliance with the standards and provisions of this article.
(2)
Signs related to an adjacent principal use. Where a sign that is placed on or over any public right-of-way or public property in violation of this article is related to a principal use of adjacent private property, the Zoning Administrator, or other City personnel designated by the City Manager, shall notify the owner of the principal use or the property that a violation exists and shall specify a time limit for removal of the sign. If the owner fails to comply with the order for removal, the Zoning Administrator, or other City personnel designated by the City Manager, shall remove the sign and the owner shall be liable for the cost of said removal and subsequent storage. If the owner does not redeem the sign within 30 calendar days from the date that the sign is removed, the sign shall be deemed to be abandoned and may be disposed of by the City as abandoned property.
(3)
Other signs. Where a sign that is placed on or over any public right-of-way or public property in violation of this article is not erected in connection with elections or political campaigns, and is unrelated to a principal use of adjacent private property, the Zoning Administrator, or other City personnel designated by the City Manager, shall remove the sign and it shall be deemed to be abandoned and may be disposed of by the City as abandoned property.
§ 275-29.13 Specific sign requirements.
A.
Animated signs. Animated signs, except as prohibited in § 275-29.9C, are permitted in Granite Ridge Development, commercial and industrial zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones.
B.
Awning signs.
(1)
The copy area of awning signs shall not exceed an area equal to 25% of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.
(2)
Neither the background color of an awning nor any graphic treatment or embellishment thereto, such as striping, patterns or valances, shall be included in the computation of sign copy area.
C.
Canopy signs.
(1)
The permanently affixed copy area of canopy or marquee signs shall not exceed an area equal to 25% of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.
(2)
Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.
D.
Directory signs. For businesses located on secondary streets within the Downtown Commercial District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Not to exceed four square feet in area.
(2)
Permission must be obtained in writing from the property owner on whose premises the sign is to be placed.
(3)
These signs shall not obscure any portion of road, intersection, or sidewalk.
E.
Directional signs. No more than two directional signs shall be permitted per street entrance to any lot. There shall be none in residential zones. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be 10 square feet. Not more than 25% of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed as identification sign area.
F.
Development and construction signs; planned unit development signs.
[Amended 9-4-2018]
(1)
Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates shall be permitted in all zoning districts, subject to the following limitations:
(a)
Such signs on a single residential lot, residential subdivision or multiple residential lots, and nonresidential uses shall be limited to one sign, not greater than 10 feet in height and 32 square feet in area.
(b)
Such signs for commercial or industrial projects shall be limited to one sign per street front.
(c)
Development and construction signs may not be displayed until after the issuance of building permits by the Building, Zoning, and Licensing Services Department and must be removed not later than 24 hours following issuance of a certificate of occupancy for any or all portions of the project.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Planned unit development signs. These signs shall be used to identify a project and/or inform the public of the name of a development.
(a)
Such signs shall only be used for planned unit developments.
(b)
Such signs shall be no greater than 16 square feet.
(c)
Such signs may not be lit.
(d)
Such signs are allowed in open space.
(e)
Such signs shall require approval from the Planning Board. The Board may require specific materials, landscaping, or other features.
(f)
This subsection shall also apply to previously approved planned unit developments.
G.
Electronic message centers. All permitted electronic message centers (EMCs) shall be equipped with a sensor or other device that automatically determines the ambient illumination and be programmed to automatically dim according to ambient light conditions at all times of the day or night. Electronic changing signs may be freestanding or building mounted, one- or two-sided, may be a component of a larger sign or billboard, and shall conform to the following minimum requirements along with all other requirements for signage within this article:
(1)
Electronic message center portion of the sign shall not make up more than 75% of the actual sign surface. In no case shall an electronic message center exceed 32 square feet.
(2)
Animation on static EMCs shall be limited to the actual changing of the message. No flashing, blinking, or pulsating of lights shall be allowed. Electronic message centers must be equipped to freeze in one position or discontinue the display in the event that a malfunction occurs.
(3)
Minimum display time. All illumination elements on the face of static electronic changing signs shall remain at a fixed level of illumination for a period of not less than eight seconds.
(4)
Software for operating the EMC must be able to show current and factory brightness levels upon request. The owner/installer of electronic message displays shall certify as part of the application that signs will not exceed the brightness levels specified in this subsection.
(5)
The brightness shall not exceed 0.3 footcandle at night.
(6)
Flashing or animated signs (including temporary interior window displays or banners) of red, amber, or green colored lights shall not be permitted.
H.
Flags. Each store front may be allowed one "open" or "welcome" flag that is positioned at a height so as not to impede the flow of pedestrians.
I.
Home occupation signs. See Article 24, Home Occupations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
Marquee. No marquee shall be erected unless designed by a registered structural engineer and approved by the Director of Building, Zoning, and Licensing Services. It may extend over the sidewalk across the right-of-way to the curbline provided it has a minimum height above the sidewalk of 10 feet above the curb level and does not exceed five feet in height.
K.
Off-premises signs. Off-premises signs are prohibited except for the following signs if permission is granted from the owner of the off-premises location. A setback of at least five feet is required for these signs and they shall not be placed in the road right-of-way (i.e., they must be placed on private property).
(1)
One freestanding sign per business directing people to the site. The sign may not exceed two square feet per side or four feet in height. No illumination is allowed. It may include only the name and/or logo, with simple directions. The sign must be durable and constructed of solid, finished materials.
(2)
A real estate sign, one per premises, shall not exceed six square feet per side.
(3)
Yard sale signs (see Subsection V).
(4)
A sign for an office park or industrial park may be erected at the entrance to the park on an out parcel or within the road right-of-way, with the approval of the City Manager.
(5)
A promotional banner for a special event may be placed anywhere in the City, including across a public road, if approved by the City Manager.
(6)
Two seasonal agricultural directional signs not to exceed four square feet each are permitted when intended to direct patrons to a farm for the purpose of purchasing or picking seasonal agricultural produce or products during the season within which the produce is available for sale or harvest.
(7)
One portable sign on the sidewalk in front of businesses in the Downtown Commercial District, Special Downtown Overlay District, and Neighborhood Mixed-Use District lying in density rings.
(8)
Road signs.
L.
Political signs; political advertising. The following provisions are in addition to the political advertising controls established under RSA 664:14, 664:17, and 664:2, as amended:
(1)
Political advertising shall be defined in RSA 664:2, as amended. No political advertising shall be placed or affixed upon any public property, including City rights-of-way. No political advertising shall be placed or affixed upon private property without the owner's consent.
(2)
Signature, identification, and lack of authorization shall be in accordance with RSA 664:14, as amended.
(3)
Political signs shall not be erected in the City Adopt-A-Spots or the Rochester Common.
(4)
Removal of signs shall be in accordance with RSA 664:17, as amended.
(5)
The area and location of signs used in conjunction with uses allowed by the Board of Adjustment as special exceptions shall also be approved by the Planning Board and shall conform to the sign regulations for the district in which they are located. The area and location of such signs shall be in harmony with the character of the neighborhood in which they are located.
(6)
Political signs shall not require a sign permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M.
Portable signs. Portable signs shall be permitted only in the Downtown Commercial District, Special Downtown Overlay District, and Neighborhood Mixed-Use District lying in density rings, subject to the following limitations:
(1)
No more than one such sign may be displayed on any property, and the sign shall not exceed a height of four feet or an area of eight square feet per side.
(2)
Any portable sign that is placed on a sidewalk:
(a)
Shall be situated directly in front of the business(es) which is being advertised.
(b)
Shall not block passage along the sidewalk, including passage for handicapped persons, and shall not present a safety hazard.
(3)
May be displayed during business hours only.
(4)
Appropriately placed to minimize appearance of clutter as determined by the Director of Building, Zoning, and Licensing Services.
(5)
Only one sign per individual business.
N.
Projecting signs. Signs are permitted in the following zones:
(1)
Multiple projecting signs shall be permitted on buildings having multiple occupants provided only that one projecting sign per occupant will be permitted.
(2)
Projecting signs shall:
(a)
Not overhang any public property or public right-of-way.
(b)
Be attached to the side of a building with a decorative support bracket engineered to and designed to withstand wind loads.
(c)
Extend from the side of the building no more than 11 feet.
(d)
Be part of the wall sign calculations, which cumulative total, including both projecting and wall signs, shall not exceed 20% of the wall area to which the sign is attached.
(e)
Maintain a clear vertical distance above any public sidewalk a minimum of 10 feet.
O.
Roadside farm stand signs. No more than two signs with a maximum combined total of 20 square feet are permitted.
P.
Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:
(1)
Real estate signs located on a single residential lot shall be limited to one sign, not greater than eight square feet in area and six feet in height.
(2)
Real estate signs may not be illuminated in residential districts.
(3)
There may be no more than one sign per street frontage, except that on lots with more than 500 feet of street frontage a second sign may be placed.
(4)
Real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.
Q.
Sandwich board signs. See Subsection M, Portable signs.
R.
Street banners. Temporary street banners used to inform the public about community events and activities may be placed within or above the road right-of-way or in other public locations if approved by the City Manager and signed off from all departments.
S.
Special promotion, event and grand opening signs. Signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for nonresidential uses and for all commercial and industrial districts subject to the following limitations:
(1)
Such signs shall be limited to one sign per street front.
(2)
Such signs may be displayed for not more than 30 consecutive days in any twelve-month period, and not more than 30 days in any calendar year. The signs shall be erected no more than five days prior to the event or grand opening and shall be removed not more than one day after the event or grand opening.
(3)
The total area of all such signs shall not exceed 32 square feet.
T.
Special event signs in public ways. Signs advertising a special community event shall be allowed in or over public rights-of-way, subject to approval by the City Manager as to the size, location and method of erection. The City Manager may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way or obstruct traffic visibility.
U.
Window signs. Window signs shall be permitted for any nonresidential use in all Downtown Commercial and Industrial Districts, subject to the following limitations:
(1)
The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed within the Historic District.
V.
Yard sale signs.
(1)
Yard sale signs may not be placed prior to three days before the sale and must be removed within 24 hours after the sale. The date and time of the yard sale must be on the sign.
(2)
They may not exceed six square feet and may not be illuminated.
(3)
The signs may be placed off premises for noncommercial sales related to a single residential dwelling unit (or informal joint sales among neighbors) provided they are not placed on utility poles, are not a distraction to traffic, and comply with § 275-29.14, Requirements by zoning district.
§ 275-29.14 Requirements by zoning district. [1]
The following special requirements shall apply in each respective zoning district:
A.
Residential zoning districts.
(1)
For permitted nonresidential uses one freestanding sign with a maximum area of six square feet per side plus one attached sign not to exceed 12 square feet is permitted. Signs shall have a maximum height of six feet.
(2)
Internally illuminated signs (including neon signs and signage placed in a window) are not permitted.
(3)
No sign may be illuminated between the hours of 9:00 p.m. and 7:00 a.m. with the exception of signage:
(a)
Showing property addresses;
(b)
For residential communities; and
(c)
For businesses and organizations during any specific hours in that time period that the businesses are open.
B.
Nonresidential zoning districts.
(1)
Baseline. The following advertising signage is permitted for one nonresidential use occupying a single building in commercial and industrial zoning districts (except as otherwise indicated in this article). Additional allowances beyond these limitations or other restrictions for various situations are shown in the subsequent subsections. Dimensional standards are as follows:
Zoning District | Maximum Area (square feet) | Maximum Height (feet) |
|---|---|---|
Highway Commercial General Industrial Hospital Granite Ridge Development | 75 | 30 |
Airport Recycling Industrial | 50 | 20 |
Downtown Commercial | 25 | 15 |
Neighborhood Mixed-Use Office Commercial | 20 | 8 |
Note: All signs that are to be located in the Historic District are also subject to the provisions of Article 14, Historic Overlay District. |
(2)
Freestanding signs. Only one freestanding sign shall be permitted on a lot even if there is more than one building or use on that lot. No part of any freestanding sign shall be located within five feet of any property line.
(3)
Wall signs. No wall sign shall exceed 10% of the area of the building frontage as measured by the width of the wall containing the main public entrance by the height (measured from the floor level to the top of the first floor cornice area, or to one foot below secondary story window) of the building to which it is attached. For buildings with multiple tenants having store fronts only, the facade rented by the tenant shall be considered as wall area for a sign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
A maximum of four signs. Buildings located in the Granite Ridge Development District, between the service road and Route 11, are allowed one additional wall-mounted sign per tenant on the rear facade. The same size restrictions as applied to the front facade shall determine the size of sign.
(4)
Temporary signs. One temporary sign is allowed at any one time, including portable and banner signs. For portable signs (where they are permitted; see below) the maximum area is eight square feet and the maximum height is four feet. Banner signs, not exceeding 60 square feet, are permitted for grand openings of new business only, and may be displayed for a maximum of 30 consecutive days. Permits are required for these signs with a fee set by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Directory signs. For each additional independent enterprise on a site beyond one, an additional 10 square feet may be added to one freestanding directory sign not to exceed 100 square feet. Property owners of separate adjoining lots may also elect to have one joint directory sign.
(6)
Attached directory signs. One additional attached directory sign of the principal uses within a multi-tenant building is permitted on the exterior wall at each entrance to the building. It shall not exceed three square feet plus one square foot for each independent enterprise.
(7)
Upper floor units. Each upper floor occupant may use one attached sign placed at no higher than the second floor level, not to exceed six square feet per side for each occupant plus window signs. Window signage shall not exceed 25% of the total window area.
(8)
Multiple occupant sites. On multiple occupant sites up to three portable signs for independent enterprises may be placed at the same time.
(9)
Secondary entrance. By conditional use permit issued by the Planning Board, any site with at least 300 feet of linear lot frontage and with a second driveway entrance located at least 200 feet from the primary entrance may have a second freestanding sign at the second entrance not to exceed 16 square feet and eight feet in height.
(10)
Corner or multiple frontage lots. By conditional use permit issued by the Planning Board, any corner lot or a rear frontage lot (or double frontage) may have one additional freestanding sign with a maximum area of 24 square feet on the second frontage provided the property across the street on that second frontage is not zoned residential.
(11)
Specific zoning districts. Internally illuminated signs are permitted only in the Highway Commercial, Downtown Commercial, Granite Ridge Development, and Industrial Districts.
[1]
Editor's Note: See also Table 29-A, Signs, included as an attachment to this chapter.