The Town of Tiverton wishes to regulate signs within its jurisdictional boundaries under its zoning powers to accomplish the following:

a.

To promote the general business interests of the community by maintaining the visual quality of the town.

b.

To preserve and enhance the value of commercial and residential buildings in the area by creating a visually harmonious environment.

c.

To permit appropriate commercial signage that adequately identifies legal on-premises business enterprises.

d.

To promote the general health, safety, and welfare by removing signs not used to identify legitimate business locations.

e.

To protect the public investment in the safety and appearance of streets and highways.

f.

To further the objectives of the comprehensive community plan.

(Ord. of 9-25-06(1))

For the purposes of this article, the following terms shall have the following meanings:

a.

Sign: Any object, device or structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any visual means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

b.

Sign copy: The characters, letters or illustrations displayed on a sign face.

c.

[Types of signs according to structure.] The below definitions describe the types of signs according to their structure:

(1)

Attached sign: The general term for a sign that is attached to a building (wall, marquee, awning, canopy).

(2)

Awning sign: A sign made onto the surface of an awning, which is any non rigid material (e.g., fabric or flexible plastic) supported by or stretched over a frame attached to an exterior wall.

(3)

Banner: A sign made onto a flexible material, such as cloth, plastic or paper, to be hung from a building or structure (other than an awning frame).

(4)

Canopy sign: A sign made onto a canopy, which is an extension of a roof of a building, or is a freestanding structure with a roof but no walls.

(5)

Freestanding sign: A sign supported from the ground and not attached to a building.

(6)

Marquee sign: A sign made onto a marquee or similar projection from a building: a marquee is a permanent structure (other than a root) supported by and projecting from a building to provide protection from the elements.

(7)

Monument sign: A type of freestanding sign with a permanent base affixed to the ground which is at least two-thirds the horizontal length of the sign.

(8)

Pole sign: A type of freestanding sign supported by a pole or similar narrow width structure.

(9)

Portable sign: A sign not permanently affixed to a building or [the] ground.

(10)

Projecting sign: A sign supported by an exterior wall of a building and displayed perpendicular to the face of the building.

(11)

Temporary sign: A sign built to be displayed for a specified period of time (e.g., an A-frame sign).

(12)

Wall sign: A sign painted on or attached to a wall of a building and parallel to the wall.

d.

[Types of signs according to sign character.] The following definitions describe the types of signs according to content and design of the sign copy (sign character):

(1)

Animated sign: A sign depicting action, motion, light, or color changes through electrical or mechanical means. Although technologically similar to flashing signs, the animated sign emphasizes graphics and artistic display.

(2)

Changeable copy sign: A sign designed so that characters, letters or illustrations can be changed or rearranged without altering the face of the sign.

(3)

Directional sign: A sign that provides on-site directional assistance for the convenience of the public such as location of exits and entrances, open/closed, [and] hours-of-operation signs.

(4)

Electric sign: Any sign containing or using electrical wiring.

(5)

Electronic message center: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix.

(6)

Externally illuminated sign: A sign that is illuminated at night or in early morning darkness by an external light source that is aimed and reflects upon the sign's surface.

(7)

Flashing sign: A sign with an intermittent or flashing light source. Generally, the sign's message is constantly repeated.

(8)

Internally illuminated sign: A sign with electrical equipment installed for illumination at night or in early morning darkness that is internally illuminated through its sign face by a light source contained inside the sign.

(9)

Point-of-sale sign: A small sign designed to provide information at the point of sale, such as menu signs at walk-up windows or drive-through order locations of food establishments.

(10)

Time-and-temperature display: A variable message sign that displays current time and temperature in a stationary or alternating manner.

(11)

Two-day signs: Signs to announce private or semiprivate events of brief duration, whose copy is of a noncommercial nature.

e.

[Additional definitions.] Additional definitions are as follows:

(1)

Building frontage: The length of a building facade facing a street, parking area or private drive.

(2)

Business establishment: A business established in compliance with the town Code.

(3)

Illegal sign: A sign erected, altered, or replaced in violation of a preceding ordinance, or in violation of this article.

(4)

Inspector: The designated town official(s) responsible for administering this article, including but not limited to reviewing, approving or denying applications for permits, inspecting signs and interpreting and enforcing the provisions of this article.

(5)

Legal nonconforming sign: A sign that met legal requirements when erected, but that is not in compliance with subsequent ordinances or with this article.

(6)

Off-site sign: A sign whose copy relates to an object, person, product, location or entity that is not located on the premises upon which the sign is located. This does not include governmental traffic, directional or regulatory signs or notices of government agencies.

(7)

On-site sign: A sign whose copy relates to an object, person, product, location or entity that is located on the premises upon which the sign is located.

(8)

Shopping center: Any lot in a commercial or industrial district which includes more than one business establishment.

(9)

Street intersection triangle: The triangle of land adjoining street intersections to be kept clear of obstructions to protect the visibility and safety of motorists and pedestrians. The three points of the triangle are the point of intersection of the two street frontages, and two points 35 feet from the intersection along the frontage lines for local streets. For collector or arterial street intersections, the latter two points shall be 45 feet from the intersection point.

(Ord. of 9-25-06(1))

a.

In measuring the area of signs permitted under these regulations, the entire face of the sign, and any wall work incidental to its decoration, or unnecessary structural framework that serves primarily to enlarge the visual effect of the sign, shall be included. Where both sides of a sign contain lettering or other allowable display, one side only shall be used to compute the allowable size of the sign. Where the sign consists of raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the sign face.

b.

The height of a sign shall be the distance from the grade level at the location of the sign, to the top of the sign or sign structure, whichever is greater.

c.

All wall signs shall be installed flat against the wall of a building, and shall not extend from the wall more than 12 inches.

d.

No sign shall be located over a public street or road without approval of the town council and appropriate state agency, with the exception of directional or traffic control signs installed by government.

e.

Setbacks are measured from the adjacent property line, and all signs must be outside the street intersection triangle.

f.

In cases where the regulations within this section do not specifically address a sign requested in conjunction with a permissible use, a special use permit must be obtained. If the sign requested is a matter of interpretation of this article, the inspector may obtain a written interpretation from the town solicitor, which shall be kept in the permanent record for the sign permit application.

(Ord. of 9-25-06(1))

a.

Residential districts. General: Minimum setback is five feet. No lighting is permitted other than a continuous white light, arranged so as to reflect light away from adjoining premises and streets. Permitted sign types include monument, pole, projecting and wall.

(1)

Single-family subdivision identification signs. Signs that are used solely to identify the name of a single-family residential subdivision shall be erected, one sign per entrance, not to exceed two per subdivision. A matched pair of signs in a "gateway" arrangement shall be considered one sign. Maximum area 20 square feet; maximum height eight feet.

(2)

Multifamily complex signs. Signs that are used solely to identify the name and/or address of an apartment, townhouse, condominium or other multifamily residential complex. The permitted number and specifications will be the same as for single-family subdivisions, except that one additional sign no greater than six square feet, located below the roofline, may be erected to identify any accessory management or rental office.

(3)

Legal nonconforming use. One sign no greater than 20 square feet with a maximum height of eight feet may be erected identifying a lawfully maintained nonconforming use.

b.

Commercial and industrial districts. General: Minimum setback is ten feet, and 50 feet from a residential district boundary

(1)

Permitted number. For a lot with a single business establishment, a maximum of two signs may be permitted, only one of which may be a freestanding sign. Shopping centers may erect one freestanding sign for the lot, and one attached sign and one attached sign on each business establishment.

(2)

Permitted types, sizes and heights.

(a)

Freestanding, monument: Maximum of 28 square feet, five feet high.

(b)

Freestanding, pole: Maximum of 28 square feet, 20 feet high.

(c)

Attached, wall or marquee: The top of the sign shall be below the roof ridge line and below the height limitation of the applicable district. Size limits will be set by the distance of the sign from the street frontage that the sign faces, as follows:

(d)

Attached, projecting: Maximum of 16 square feet, 16 feet high and below the roofline.

(e)

Attached, awning or canopy: Maximum of 20 square feet and below the top of the awning or canopy.

c.

Shopping centers. Shopping centers shall conform to the regulations for the commercial and industrial districts, with the following exceptions. The one freestanding sign permitted may be a multiple sign structure, with one sign to identify the center, maximum 28 square feet, and one additional sign for each business establishment as part of the same sign, maximum of eight square feet each. An additional permanent changeable copy sign may be added to this freestanding sign, maximum size 28 square feet, in lieu of the commercial special event signs described in section 8.

Shopping centers with five or more business establishments planned as an integrated development, and located at a street intersection, shall be authorized a maximum of two freestanding signs, one each on two separate street frontages.

d.

Gasoline stations. Gasoline stations shall comply with applicable state and federal signage regulations. The following additional regulations shall apply:

(1)

Changeable fuel price signs. An additional 16-square-foot sign may be added to the allowed freestanding sign to post current fuel prices.

(2)

Gas pump signs. Each gas pump shall be permitted one square foot of sign area to identify product and price.

(Ord. of 9-25-06(1))

No legal nonconforming sign shall be structurally altered, enlarged, moved or replaced unless the sign is brought into compliance with the provisions of this article except as stated below (see section 5.a.). All nonconforming signs in any district which are not maintained or are abandoned for a period of one year shall be removed. For the purposes of this article, a sign shall be considered abandoned if no copy or advertising matter is exhibited, if such copy is only partially legible, or if the business advertised has been abandoned.

a.

Legal non-conforming, internally illuminated retail gasoline price signs may be altered to incorporate remotely controlled electronic LED technology to display current fuel prices subject to the following limitations:

(1)

The use of LED electronic lighting shall be limited to numerals and decimal points that display fuel prices only. No other electronic copy is allowed.

(2)

Only a single LED color on a solid black background is allowed. Flashing or animated displays are prohibited.

(3)

LED generated characters shall not exceed 12 inches in height and the incorporation of such display shall not create any increase in the sign size as currently measured.

(4)

Approval of the inspector is required prior to any alteration which includes LED technology.

b.

Where the term "LED" is used in this section, it is an acronym for "light emitting diode" and, for the purposes of this section, is defined as a semiconductor diode that emits light when conducting current and is used in electronic displays.

(Ord. of 9-25-06(1); Ord. of 7-13-15)

Nothing contained in this article shall be construed in any way to ratify or approve the erection and/or maintenance of any sign which was erected in violation of this article or any prior ordinance. Any violation of the provisions of this article is declared to be a public nuisance, and enforcement actions shall be carried out in accordance with article XVIII of the zoning ordinance.

(Ord. of 9-25-06(1))

The following are prohibited except as stated otherwise in this ordinance:

a.

Animated signs, electric signs, electronic message centers, and internally illuminated sings as defined above, including but not limited to any sign that uses artificial illumination, except those used by government highway departments. Externally illuminated signs are permitted, except as otherwise stated in this ordinance.

b.

Moving signs, including but not limited to pennants, flags with commercial messages, streamers, propellers, discs and searchlights.

c.

Flashing signs, including but not limited to any sign with flashing, blinking or intermittent lights, not including time-and-temperature display signs, as defined above, or those used by government highway departments.

d.

Glaring signs, or those signs with light sources or reflectivity of such brightness to constitute a hazard or nuisance as determined by the inspector.

e.

Inflatable signs and objects.

f.

Off-site signs.

g.

Portable signs, with the exception of authorized temporary signs.

h.

Simulated traffic sign or obstructions, or those signs which may be confused with, or obstruct the view of, authorized traffic signs or signals.

i.

Any sign or a type that is not specifically addressed in this ordinance is forbidden.

(Ord. of 9-25-06(1))

The following signs may be erected after obtaining a temporary sign permit from the inspector. The permit shall cite the length of time the sign may be displayed. If the sign is not removed by the expiration of the time limit, the inspector may remove the sign and charge the cost of removal to the individual or enterprise responsible.

a.

Commercial special event signs. One sign announcing special events may be displayed on commercial lots five times in a 12-month period, but not more than once in any 60-day period, for a maximum of 14 consecutive days. This applies to commercial lots, regardless of the number of businesses located on the lot. These signs shall be a maximum of 32 square feet. Alternatively, shopping centers may erect, as part of their freestanding sign structure, a permanent changeable copy sign, maximum size 28 square feet (See section 4.c.). Shopping centers choosing to erect such a sign shall not be permitted commercial special event signs.

b.

Construction signs. Temporary signs announcing new buildings or projects may be erected after commencement of site development, not to exceed one sign, maximum 20 square feet. The sign must be removed before a permanent sign is erected, or a certificate of occupancy is issued.

c.

Nonprofit organization special event signs. Nonprofit organizations may display a maximum of two off-site special event signs twice in a 12-month period for 14 days, 20 square feet maximum. Signs must not be placed on public property without written approval of the appropriate public authority, and shall be placed on private property only with the owner's permission. (See section 10 for nonprofit organization on-site signs.)

(Ord. of 9-25-06(1))

No sign shall be erected, significantly altered in structure, replaced or relocated unless a permit has been obtained from the inspector, with the exception of those signs described in section 10 below.

(Ord. of 9-25-06(1))

Sign permits shall not be required for the following:

a.

Act of God. A duplicate of a legal sign replaced within one year of damage or destruction, following an act of God; any grandfather rights will expire after one year.

b.

Address and name of resident. Attached signs indicating the address and/or name of residential occupants of the premises and/or date of construction for historical structures, not exceeding 1 ½ square feet in size, and not including any commercial advertising or identification.

c.

Artwork. Works of art that do not include commercial messages or references.

d.

Directional signs. Directional signs, not exceeding four square feet.

e.

Public and nonprofit organization flags and emblems. Flags, emblems or insignia of any governmental agency, religious, charitable, public or nonprofit organization, not exceeding 20 feet in height, with a maximum of three flags per lot.

f.

Handicapped parking signs. Signs indicating handicapped parking spaces.

g.

Public institutional signs. One sign per lot for houses of worship, schools and public uses, not exceeding 16 square feet in size and eight feet in height.

h.

Nonprofit organization special event signs. An on-site special event sign displayed by a nonprofit organization, not exceeding 20 square feet, with a maximum of one such sign twice in a 12-month period for 14 days. (See section 8 for off-site signs for nonprofit special events.)

i.

Point-of-sale sign. A sign designed to provide information at the point of sale, such as menu signs at walk-up windows or drive-through order locations of food establishments, with one sign posted at each actual point of sale, not exceeding eight square feet in size and a letter height no greater than two inches.

j.

Private road signs. On-site signs not exceeding two square feet, limited to one per drive or road entrance, and limited to copy relating to the private road and location.

k.

Political campaign signs. Signs erected to promote the election of candidates for public office, or to address other issues included on ballots scheduled for public vote, posted on private property with the approval of the owner. Such signs must be removed within seven days following the election; the burden of removing the sign shall be on the property owner.

l.

Public signs. Signs erected by government agencies or utilities relating to traffic, utilities, safety issues and identification of public facilities.

m.

Security or warning signs. On-site signs regulating the use of the premises such as "no trespassing," "no hunting," "no soliciting," and "warning: bad dog," not exceeding four square feet in residential areas, and 16 square feet in commercial and industrial areas.

n.

Temporary farm product signs. Temporary on-site signs announcing the availability of seasonal farm products, with a maximum of two signs, not exceeding 20 square feet in size per sign.

o.

Temporary on-site real estate signs. Signs indicating the availability of real property for lease or sale, limited to one per property not exceeding six square feet in residential areas, and 24 square feet in commercial and industrial areas. Such signs shall be removed within seven days of settlement or lease of the property.

p.

Two-day signs. Signs to announce private or semiprivate events of brief duration, whose copy is of a noncommercial nature, posted in the direct vicinity of the event on private property for 48 hours with the permission of the property owner, and not exceeding four square feet in size. The sign must be removed following the event; the burden of removing the sign shall be on the property owner.

q.

"A" frame signs. A commercial business located in a commercial zone shall be allowed one portable "A" frame type sign not to exceed three feet by two feet for sidewalk display during business hours.

(Ord. of 9-13-99; Ord. of 9-25-06(1))

Petition for relief from the requirements of this article may be made to the zoning board of review as a special use permit, under the provisions of article XVI of this ordinance.

(Ord. of 9-25-06(1))

a.

Every sign and its supports, braces, guys, anchors and electrical equipment shall be maintained in safe condition, and be kept free from defective or missing parts or peeling paint. The inspector shall have the authority to order the removal of a sign which constitutes a hazard to the health, safety or public welfare by reason of inadequate maintenance, 30 days following legal notice to the owner of the property.

b.

The inspector shall also have the authority to order the removal of signs in any district which are abandoned for a period of one year. For purposes of this article, a sign shall be considered abandoned if no copy or advertising matter is exhibited, if such copy is only partially legible, or if the business advertised has been abandoned.

c.

The cost of removal may be added to other civil fines imposed under this ordinance. The assessed charges for removal shall be the actual cost of removal and disposal of all sign material, plus 50 percent.

(Ord. of 9-25-06(1))

Any sign, display, or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale.

(Ord. of 9-25-06(1))