Town of Portsmouth, RI Article IX Specific Development Regulations

Unless otherwise noted, parking requirements apply to all developments regardless of size or type. Requirements for parking lots greater than one hundred (>100) spaces are so noted.

Section A Off-street parking and loading.

[Amended 9-9-1997]

1. 

Definitions.

Capacity

The capacity of a facility or space as calculated by the applicable building code.

Employee

The regular working staff (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.

Gross Floor Area

The term "gross floor area" (GFA) as used in this document shall mean the total floor area, including the exterior building walls, of all floors of a building or structure. GFA shall include all occupyable areas minus the following deductions:

a) Vehicular parking and loading areas within the structure.

b) Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.

GROSS LEASABLE AREA

The term "gross leasable area" (GLA) as used in this document shall mean the gross floor area minus the following floor area deductions:

a) Elevator shafts and stairways.

b) Public restrooms.

c) Public lobbies, common mall area, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.

d) Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).

2. General.

a) No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are provided as specified in this section. For the purpose of this section, an enlargement of any building by thirty percent (30%) or more shall require the provision of off-street parking for the existing building as if it were newly constructed. Whenever any building, improvement or use of land may be changed to a new use, whether conforming or nonconforming, the provision for parking and loading spaces shall be as required for the new use so approved.

b) Where the computation of required parking spaces results in a fractional number, fractions of one-half (1/2) or more shall be counted as one (1).

c) Required off-street parking facilities shall be provided on the same lot as the principal use they are designed to serve or as provided in paragraph 6. Satellite Parking, herein.

d) Each required car space shall be not less than ten feet (10') in width and twenty feet (20') in length exclusive of drives and maneuvering space. Where more than five (5) spaces are required, they shall be paved, except as may be required by environmental regulatory agencies.

e) Handicapped parking spaces accessible to disabled persons shall be provided as may be applicable under the Americans With Disabilities Act and any federal regulations promulgated thereunder.

f) All off-street parking and loading facilities shall be suitably sloped and drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, so as not to cause any nuisance to adjacent or public property. In no case shall an off-street parking area exceed five percent (5%) in slope. The design of all parking lot drainage shall conform to the drainage requirements herein, and utilize the Town of Portsmouth Subdivision Design Standards and the Rhode Island Stormwater Design and Installation Standards Manual, as applicable.

[Amended 2-4-2008]

g) All off-street parking and loading facilities shall maintain distances from buildings, fire hydrants, post indicator valves and emergency access ways as required by the applicable Fire Code.

h) Where one (1) building is used for more than one (1) use, parking requirements shall be computed for each use, except as provided in the parking requirements table below or under Satellite Parking or Shared Parking below. Where space within a building is shared, the more stringent requirements shall apply.

i) No motor vehicle repair work or service of any kind shall be permitted in conjunction with parking or loading facilities provided in commercial districts, except emergency repair service necessary to start vehicles.

j) No existing parking facility which is a part of any building, improvement or use of land, whether on the same lot as the principal use or on a separate lot, shall be reduced in size below the number of spaces required for such principal use, and for any and all accessory uses. This section shall not be construed to mean that parking facilities may not be reconfigured.

k) Any parking area and loading space as defined in this Ordinance shall be continually maintained in satisfactory condition so as to be safe and attractive and free of hazard, nuisance or other unsafe condition.

l) Overnight parking of RV's, mobile homes and other vehicles providing transient residency is prohibited.

[Added 2-4-2008]

3. Minimum parking requirements.

a) Minimum parking requirements table.

	USE		REQUIRED SPACES	OTHER REQUIREMENTS
	RESIDENTIAL USES
	Single Family		2/unit
	Mobile home parks		2/unit
	Multi-family Residential
		Studio and 1 bedroom	1/unit	plus 1 guest/5 units
		Two bedrooms	1.75/unit	plus 2 guest/5 units
		Three or more bedrooms	2/unit	plus 3 guest/5 units
	Senior citizen apartments
	Senior - efficiency		1/unit	plus 1 guest/5 units
	Senior - 1 bedroom		1/unit	plus 1 guest/5 units
	Senior - 2 bedroom		1.5/unit	plus 2 guest/5 units
	Senior - 3 bedroom		2/unit	plus 3 guest/5 units
	Assisted Living/Congregate Care		1/10 regular beds, 1/5 special care	plus 1/250 gla office, medical, other, + 5 for kitchen & maintenance
	TEMPORARY RESIDENTIAL OCCUPANCY USES
	Hotels/motels/inns		1/unit	plus 50% of requirements for related uses, + 2 for manager's unit.
	Sanitariums/nursing homes		1/5 beds	or State requirement
	Rooming and lodging houses		2 + 1/rental unit
	Group Home		1/3 beds	may be less if residents unable to drive
	RETAIL, OFFICE AND SERVICES
	Shopping Center		4/1,000 sf of gla under 400,000 gla	See also offices and restaurants
	Grocery Store		6 + 5/1,000 gla
	General Retail		4/1,000 gla
	Offices, general:
	gla up to 7,500 sf		4/1,000 gla
	7,501 to 40,000 sf		3.3/1,000 gla
	40,001 sf and greater		3/1,000 gla
	Office in Shopping Center:
	10% or less of center gla		no added space beyond that for general retail
	over 10% of gla		for that portion over 10%, add as required beyond general retail by type of office use
	Office, medical/dental		4/1,000 gla	plus 1/100 sf waiting room
	Office in residence		Determined at project review
	Services
	Bank, S&L, Credit Union		5/1,000 gla
	ATM		2/machine
	Unspecified Services		4/1,000 gla
	EATING/DRINKING ESTABLISHMENTS
	Restaurants, cafes, bars		13/1,000 gla
	Restaurant - Fast Food		17/1,000 gla
	Restaurant in Shopping Center of 25,000 to 100,000 gla		10/1,000 gla
	Restaurant in Shopping Center of 100,000 to 200,000 gla		6/1,000 gla
	AUTOMOBILE RELATED
	Gas Station*, Vehicle Repair*		1/pump + 3/service bay	plus 1/250 sf of gla office and sales
	Carwash		2/drying bay	plus stacking area**
	* A service bay or pump is not a parking stall
	** Stacking area is not parking.
	A washing space is not a parking or stacking space.
	RECREATION
	Health clubs		1/200 sf of gla	plus 50% of required for incidental uses
	Amusement Center		5/1,000 gla	plus 50% of required for incidental uses
	Night Club		20/1,000 gla
	Golf Driving range		3, plus 1/tee	plus 50% of required for incidental uses
	Golf course		4/green	plus 50% of required for incidental uses
	Miniature golf course		1.25/hole	plus 50% of required for incidental uses
	Tennis/racquetball		2/court	plus 50% of required for incidental uses
	OUTDOOR, PARTLY OUTDOOR USES
	Retail nursery/garden shop		1/1,000 sf indoor + 1/2,000 sf outdoor or greenhouse sales
	Produce stand		6/1,000 gla
	Lumber yard		2/1,000 SF lot area	Parking for major machinery may not fill required spaces.
	Marina		1/2 slips	if a launch ramp is provided, 20% of all spaces shall be 35 feet or longer to accommodate boat trailers.
	Retail outdoor other		1.5/1,000 sf lot used for display
	SCHOOLS
	Business, professional, trade schools		1/1.5 students
	Art, dance, music studio		1/2 students at maximum capacity
	Nursery/day care/pre-school		required staff + 1/10 capacity	number of staff as regulated by State
	INSTITUTIONAL USES AND PLACES OF ASSEMBLY
	Church, synagogue*		1/4 seats capacity
	Club, lodge		1/4 capacity
	Other places of assembly		1/4 capacity
	* Parking spaces for public religious assembly may also be double counted for affiliated office, school and related activities.
	INDUSTRIAL AND STORAGE USES
	Self-service storage		3/100 units	no added spaces for sales area related to storage.
	Warehouse		0.75/1,000 gla
	Research and Development		2/1,000 gla
	Manufacturing
	1 - 3,000 sf		4/1,000 sf of gla
	3,001 - 5,000 sf		2/1,000 sf of gla
	5,001 - 10,000 sf		1.3/1,000 sf of gla
	10,001 - 50,000 sf		1/1,000 sf of gla
	50,001 + sf		0.8/1,250 sf of gla
	DRIVE UP STACKING LANE SPACE
	Banks, S&L		8 vehicles for 1st drive-up lane, 6 for 2nd and subsequent lanes
	Restaurants with driveup		Stacking for 11 vehicles, of which at least 6 before menu board
	Carwash - self service*		2 queuing lane in front of each stall
	Carwash - full service*		2 times the capacity of the washing operation (length of the conveyor divided by 20)
	* A stacking lane shall be at least 10 feet wide and each stacking space shall be 20 feet long. Stacking shall not interfere with parking nor travel lanes, nor protrude into the street.

b) Requirements for uses not specifically listed herein shall be determined by the Building Inspector based upon the requirements for comparable uses and upon the particular characteristics of the use.

c) In all cases in which parking of large vehicles or of more than one (1) company vehicle is part of the business, additional spaces shall be provided for such vehicles.

4. Stacking spaces for drive-through services Uses which have drive-through window services shall provide queuing spaces. The minimum number of queuing spaces required shall be determined by the Zoning Board of Review. Where such queuing spaces are provided, they shall conform to the following standards:

a) No queuing space may occupy any portion of a public right-of-way;

b) Each queuing lane shall be a minimum of ten feet (10') in width; and

c) Queuing spaces may not be used to satisfy any of the off-street parking or loading requirements of these regulations.

5. Aisles, driveways and maneuvering space

a) Each access driveway shall be located and designed so as to cause the least practical interference with the use of adjacent property and with the movement of pedestrian or vehicular traffic.

b) Access driveways shall be curbed.

c) All parking facilities shall be arranged so that any vehicle entering a public right-of-way can do so while traveling in forward motion, and a vehicle entering the parking facility shall not be required to enter a street to move from one (1) location to any other location within the parking facility.

d) All parking facilities shall be arranged so that parking maneuvers can be accomplished without driving, maneuvering or encroaching into or upon any public right-of-way, walk-way, or unpaved landscaped area within or adjoining the parking facility. All parking stalls shall open directly upon a maneuvering or turn around area or an aisle leading to an access driveway and shall be individually and continuously accessible.

e) As feasible, in traffic sensitive areas adjacent commercial parking lots shall be connected by driveways in order to lessen traffic congestion.

f) The radius of entrance drives shall be fifteen feet (15').

g) Access driveway widths shall have the following dimensions:

(1) A minimum of eleven feet (11') for all one-way driveways.

(2) A minimum of twenty feet (20') for all two-way driveways.

h) Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:

		Parking Angle (degrees)
	Aisle Width	45°	60°	90°
	One-Way Traffic	11'	13'	18'
	Two-Way Traffic	20'	21'	23'

6. Satellite parking. Parking may be permitted by the Zoning Board of Review on an abutting lot or, if not in a traffic sensitive district, directly across the street from the principal building, provided that:

a) Said satellite parking area is subject to a recorded easement; and

b) Said satellite parking area is not to be used or counted for parking for any other use, except as permitted under paragraph 8. Shared Parking Facilities below.

7. Parking lot location and orientation for parking lots greater than one hundred (100) spaces.

[Added 2-4-2008]

a) Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.

b) No more than sixty percent (60%) of the off-street parking area for the entire property shall be located between the front facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by out-lot or pad development (such as restaurants) or additional tree plantings and/or berm.

c) Smaller retail/service buildings less than twenty thousand square feet (20,000 ft.²) and located within a large retail complex as a separate building pad(s) should incorporate into their design structural enhancements similar to the principal structure in order to provide visual consistency and a greater sense of place within the center.

d) The location of all off-street parking spaces shall be on the same lot as the principal use or not over four hundred feet (400') from the principal use, unless permitted under "shared parking" or satellite parking provisions.

e) A designated Park and Ride area may be required. If required, Park and Ride areas shall be a minimum of ten (10) parking spaces (not to be included in satisfying minimum parking lot space requirements), and shall be located as near to the principal vehicular access and public transit facilities as possible.

f) An off and/or on-street bus stop for customers and employees shall be provided when the site is located on an established or planned transit route.

g) Cart Returns. Where shopping carts are to be provided, a minimum of one (1) two hundred square foot (200 ft.²) cart return area shall be provided at suitable intervals within the parking area for every one hundred (100) parking spaces. Cart corrals shall be of durable, non-rusting, all season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located in the parking lot within twenty-five feet (25') of the building.

(1) Shopping cart storage areas adjacent to facade walls (not in parking lots) must be screened with landscaping or materials matching the materials of the primary facade wall. No more than two (2) shopping cart storage areas (one (1) on each side of an entrance) may be provided on any facade wall. Shopping cart storage areas may not exceed twenty feet (20') in length.

8. Shared parking facilities.

a) Required off-street parking for any number of separate uses may be combined in a shared parking facility under the conditions of this section, subject to the approval by the Zoning Board of Review. Such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space. Removal of such encumbrance may be permitted only by the Zoning Board of Review or Planning Board, as applicable.

b) The total number of spaces provided shall not be less than the sum of the individual requirements for all uses, unless otherwise permitted as follows:

(1) Up to seventy-five percent (75%) of the parking spaces required for theaters, public auditoriums, banquet facilities, and church auditoriums may be provided and used jointly by offices, retail, service establishments, schools, and similar uses not normally open, used, or operated during the same hours as those uses listed above.

(2) Up to thirty percent (30%) of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.

[Amended 2-4-2008]

9. Off-street loading requirements.

a) Adequate off-street loading shall be provided for each use. Loading bays shall be located at the side or rear of the building they are intended to serve. Off-street loading facilities required by this section shall be maintained as long as the building, use or structure remains.

b) Off-street loading spaces shall not be used to meet off-street parking requirements, nor shall off-street parking facilities be used to meet off-street loading requirements.

c) No loading bay shall be located within fifty feet (50') of a residential district. Trash collection or compaction areas shall not be located within twenty feet (20') of any public street, public sidewalk.

d) Staging, loading, or idling of commercial vehicles in a service area is prohibited between the hours of 9:00 p.m. and 7:00 a.m. Signs prohibiting staging, loading, or idling of commercial vehicles between the hours of 9:00 p.m. and 7:00 a.m. must be posted every one hundred feet (100') adjacent to the service area.

[Added 2-4-2008]

10. Landscaping requirements. It is intended that the application of the landscape standards set forth below will reduce the visual and environmental impacts of large expanses of parking areas. Breaking up of paved parking areas with plantings will provide improved aesthetics and enhance both the development and the community.

a) A landscaping and lighting plan to be submitted as part of the development application is required for all parking areas.

(1) The plan will specify plant materials and will illustrate how landscape provisions will visually screen and divide parking areas.

(2) Illumination levels and placement of light sources will be shown.

(3) Lighting must be full cut-off lighting directed away from residential uses and no more than twenty feet (20') high at the perimeter of the parking area, with a brightness of no more than one-half (1/2) foot-candle at any property line with the exception of vehicular entrances and exits.

[Added 2-4-2008]

b) Where a parking area is altered or expanded to increase the size to fifteen (15) or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.

c) Landscaped areas shall not count toward the seventy percent (70%) Maximum Building, parking and travelway coverage in Article VII Section G. Retail Business, Office or Consumer Service Complex herein (that is they are counted as unpaved open areas).

d) Interior parking area landscaping. For the purposes of this section, the "interior parking area" shall include parking stalls, access drives, aisles, walkways, dead spaces, and required separations of parking from structures, but shall not include required setbacks, access driveways or walkways within such setbacks, or areas between buildings.

(1) The following percentages of interior parking area shall be suitably landscaped as described below:

	Size of Parking Lot	% of Interior Area to be Landscaped
	< 15 spaces	0%
	15 - 50 spaces	5%
	50 - 100 spaces	7%
	> 100 spaces	10%

e) Landscaping dimensions and material. Parking lots containing fifteen (15) or more spaces shall be planted with at least one (1) tree per twelve (12) spaces, no smaller than two-inch (2") caliper (trunk diameter at four-foot (4') height), each tree being surrounded by no less than fifty square feet (50 ft.²) of permeable, unpaved area.

(1) All landscaping shall be contained in planting beds. Each planting bed shall have a minimum area of fifty square feet (50 ft.²) and shall be enclosed by appropriate curbing or similar device at least six inches (6") wide and six inches (6") in height above the paving surface. Planting beds may be located below the grade of the paved lot in order to absorb some surface water runoff.

(2) Interior landscaping features shall be arranged in a linear manner in order to provide a consistent pattern of parking. On each end of a landscaped feature shall be planted either a tree with a minimum vertical clearance of branches six feet (6') from the ground or one (1) or more shrubs not less than two feet (2') in height nor more than four feet (4') in height.

(3) Interior landscaping features containing trees shall be contained in peninsulas or islands having a minimum width of eight feet (8') and a minimum length of eighteen feet (18'). There shall be a minimum of four feet (4') to the center of all trees from the edge of paving where vehicles overhang.

(4) Grass, ground cover or mulch with a growth-preventing pervious underlayment shall be planted on all portions of the landscape area not occupied by other landscape material.

(5) In order to provide that the required landscape areas be properly dispersed, no required landscape area shall be larger than the following:

(i) Three hundred fifty square feet (350 ft.²) in parking areas under thirty thousand square feet (30,000 ft.²).

(ii) One thousand five hundred square feet (1,500 ft.²) in parking areas over thirty thousand square feet (30,000 ft.²).

(iii) Landscape areas larger than the above are permitted as long as the additional area is in excess of the required minimum.

(6) All landscaped islands shall be situated below the grade of the parking spaces and driving aisles such that stormwater runoff flow is directed to and trapped by such islands.

[Added 2-4-2008]

f) Perimeter buffer and screening. The intent of perimeter buffers and screening is to minimize, to the greatest extent practicable, visual and noise impacts on abutting residential properties from buildings, parking lots, and accessory uses and equipment (lighting, loading, traffic, etc.). For parking lots over one hundred (100) spaces, the intent is to screen such items from view from adjacent residential properties, to the greatest extent practicable, and from the street, while still allowing sufficient visibility for the intended use of the property.

Perimeter buffer and screening should be minimized for developments within the Town Center Zoning District, except within rear setbacks that abut residential zones.

[Added 2-4-2008]

(1) Parking areas must be screened along lot lines bordering institutional or residential uses or residential zones and along street frontages. A landscaped buffer area at least twenty feet (20') wide to the rear lot line and ten feet (10') wide to the side lot lines is required. The front landscaped buffer along a public street shall be the depth of the required front yard or twenty feet (20'), whichever is less. For parking lots over one hundred (100) spaces, the Zoning Board of Review or Planning Board, as applicable, may require a landscaped buffer up to fifty feet (50') wide. Such width shall be based upon:

[Amended 2-4-2008]

	•	Size and intensity of proposed use;
	•	Relative topography of the proposed development to adjacent residential development;
	•	Placement of parking, loading and service areas;
	•	Landscaped and/or solid screening.

(2) All trees shall be a minimum of two-inch (2") caliper (trunk diameter) when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the "spirit of the locale" through indigenous species. Trees shall be of a type that will survive urban conditions with little or no maintenance.

(3) For parking lots over one hundred (100) spaces, up to seventy-five percent (75%) of the lot frontage adjacent to any arterial street, not including vehicular and pedestrian entrances, may be required to include screening of on-site parking by means of on-site buildings, which may include the primary structure, as well as dense landscaping, or a combination.

[Added 2-4-2008]

(4) For parking lots over one hundred (100) spaces, seventy-five percent (75%) of the lot frontage adjacent to all other streets shall provide screening of on-site parking.

[Added 2-4-2008]

(5) Lot frontage adjacent to residential use or residential zoning districts shall provide screening of on-site parking by means of walls, landscaping, landscaped berms, or buildings.

[Added 2-4-2008]

(6) Upon variance, a landscaped buffer of not less than at least six feet (6') wide, may be permitted provided it is densely planted with a mixture of deciduous and evergreen trees and shrubs to create an effective visual barrier.

(7) Any fire lane and setback of the fire lane from a building required by the Portsmouth Fire Department may not count toward the landscaped buffer requirement.

[Added 2-4-2008]

(8) Maintenance of significant trees.

[Added 2-4-2008]

(i) Removal of viable live trees greater than twelve inches (12") in caliper is expressly prohibited within any required landscaped buffer, except invasive species that tend to choke out other growth. An area of six feet (6') on all sides of such trees may not be paved.

(ii) Removal of viable live trees greater than twelve inches (12") in caliper within the proposed building footprint or within the parking area may be approved by the Board if no reasonable alternative is available.

(iii) A tree deemed "destroyed" by a certified arborist chosen by the Town at the applicant's expense may be removed with the approval of the Zoning Enforcement Officer.

g) Screening material.

[Added 2-4-2008]

(1) Suitable temporary visual screening at least six feet (6') in height shall be installed within any required buffer prior to the commencement of any other construction, excavation, land clearing or grading activities.

(2) Where any parking lot or section of a parking lot greater than one hundred (100) spaces faces residential uses on adjacent lots within one hundred feet (100'), a permanent berm containing at a minimum evergreen trees or arborvitae at least six feet (6') in height when planted, planted at intervals of twenty feet (20') on center. Height and width or berm and locations of plantings shall be designed by a registered landscape architect or certified arborist to meet the intent of this section. Depending upon the size and nature of the development, the appropriate Board may require up to a double row of six foot (6') high evergreen trees planted at minimum intervals of ten feet (10') on center or in clusters or clumps shall be provided. Existing trees and shrubbery, or other suitable visual barrier, may substitute for this requirement, at the discretion of said Board. At its option, said Board may require a solid wood fence of six feet (6') in height in addition to or in place of said berm, but not in place of the evergreen trees or arborvitae. Wood fences on the perimeter of a lot shall be installed with the finish side of the fence slats facing toward the neighboring property.

(3) Chain link or wire mesh fence may not be used as a screening material.

h) Landscaping for service structures.

(1) In all non-industrial zones, outdoor storage areas, exposed machinery, service structures including propane tanks, dumpsters and outdoor areas used for the storage and collection of rubbish, air conditioning units and condensers, electrical transformers, and other equipment or elements providing service to a building or a site must be visually screened from roads and surrounding land uses. Suitable types of screening include opaque wood fences and dense evergreen hedges of five feet (5') or more in height. Service structures in an industrial zone shall be fully screened when located within thirty-five feet (35') of any zone other than industrial.

(2) A continuous planting, hedge, fence, wall, or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one (1) side is required. The average height of the screening material shall be one foot (1') more than the height of the enclosed structure, but shall not be required to exceed eight feet (8') in height. If service structures are screened by plant material, such material may count towards the fulfillment of perimeter landscaping. In locations where potential health or safety hazards may arise (such as rubbish storage/collection areas), a solid wooden fence, six feet (6') in height is required (to deter children and animals from entering the premises).

i) Vision clearance. All developments, signs, landscaping and other improvements shall provide for clear, unobstructed vision for pedestrians and motorists entering, exiting or moving within any development.

(1) Pertaining to street intersections, entrances or exits from parking lots, and intersections of parking lot aisles and driveways, there shall be a three (3)-dimensional area between the height of three feet (3') and seven feet (7') from the ground for a distance of thirty feet (30') from the corner in which nothing exists, is erected, placed, planted or allowed to grow in such manner as to materially impede vision.

Section B Signs.

[Amended 8-15-1994; 4-13-2026 by Ord. No. 2026-04-13B]

1. Purpose, intent and interpretation.

a) The intent of this section is to provide comprehensive and balanced sign regulations that will protect the health, safety and general welfare of the community; preserve the right of free speech and expression; avoid excessive levels of visual clutter or distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance; and ensure that signs are well-constructed and maintained and expressive of the identity of individual activities and the community as a whole. This section's purpose is to allow adequate communication through signage while encouraging aesthetic quality in the size, type, location and purpose of all signs. This section must be interpreted in a manner consistent with the First Amendment guarantee of free speech.

b) All regulations in this section apply without regard to the content, viewpoint, or message expressed on any sign. The Town shall not review, approve, or deny a sign based on the communicative content displayed, except to the limited extent permitted by the United States or Rhode Island Constitutions.

2. Severability.

a) If any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this section of the zoning ordinance is found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this section of the Ordinance.

3. Noncommercial signs.

a) Any sign authorized by this Ordinance may contain a noncommercial message. Non-commercial signs shall be subject to the same permit requirements, restrictions on size and type, and other specifications set forth in this section.

b) Copy substitution. The owner of any lawfully installed sign may change, replace, or substitute the graphic, text, logo, color, or other copy displayed—whether commercial or non-commercial—without additional approval, permit, or fee, so long as:

(1) The alteration does not increase the sign's area or height;

(2) The supporting structure, lighting type, and location remain unchanged; and

(3) A non-illuminated sign is not converted to an illuminated sign.

4. Definitions.

Erect

To build, construct, attach, hang, place, suspend or affix a sign, or to paint a wall sign or to do anything else which causes a sign to be visible to the general public.

Establishment

A physical place of business, an independent business with a direct contractual relationship with the property owner (i.e., lease). Sub-tenants are not treated as having their own separate "establishment" for the purpose of calculating allowable signage.

Frontage - Building

The length of a building, at ground level, that faces a public street or parking area.

Frontage - Street

The distance, measured along a straight line connecting the point of intersection of the side lot lines with a public street.

Sight Distance Triangle

The land adjoining a street intersection that is kept clear of obstructions between three and seven feet above the ground to preserve the visibility and safety of motorists and pedestrians. The preserved sight distance area is the triangle with legs that are the intersecting flowlines of two streets at an intersection. The legs shall extend 35 feet away from the intersection of the flowlines.

Sign

Any object, device, display, structure, or part thereof which is designed to advertise, announce, direct, identify, or inform by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. This definition shall not be construed to include searchlights of any kind.

Sign Area

The area of a sign is the total area within a line circumscribing all surfaces or structures used or employed or designated for use as a sign or for sign purposes including spaces between or within letters and/or pictorial matter, slates and panels.

a) Spaces between major supports or frames required for clearance between sign and ground shall be excluded. Frames and structural members that do not meet the definition of a sign shall not be included in the computation of sign area.

b) All visible faces of a multi-faced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where the two faces are parallel and opposite, only one side shall be counted. Three dimensional signs shall be treated as dual-faced and the total area shall be two times the area of the line circumscribing all surfaces or structures used or employed or designated in the plane of the largest dimension.

Sign Copy

The message or advertisement, and any other symbols on the face of a sign.

Sign Face

The area or display surface used for the message on a sign.

Sign, Banner

A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or similar method or that may be supported by stakes in the ground. Banners attached to fences shall be considered wall signs.

Sign, Electronic or Digital

A sign or portion of a sign that uses light-emitting diodes (LEDs), liquid crystal display (LCD), plasma, or any other electronic or digital technology to display images, symbols, numbers, or text that can be changed, rearranged, or updated automatically or remotely. This includes:

a) Full-color or monochrome digital display panels;

b) Scrolling or flashing message boards;

c) Electronic fuel price signs;

d) Time and temperature signs; and

e) Television screens or monitors used to display commercial content visible from a public right-of-way.

f) Electronic or digital signs may be freestanding or wall-mounted. Static digital signs that do not scroll, flash, or animate are included under this definition.

g) This definition does not include signs with manually changeable copy (e.g., letter boards), chalkboards, or other non-electronic signs where content is updated physically on-site.

Sign, Externally Illuminated

A sign illuminated by light sources from outside the sign.

Sign, Fascia

A sign that is mounted or painted on, or attached to, the flat horizontal surface piece of a building typically located directly above the front door and sometimes referred to as a signboard or nameplate.

Sign, Feather

A tall, slender, vertically oriented and portable advertising banner made of printed polyester fabric, designed to resemble a bird's feather. These signs are commonly used for promotions at outdoor events, retail storefronts, and trade shows. They are also called feather banners, flutter flags, sail signs, flying banners, feather flags, and swooper flags.

Sign, Freestanding

Any sign which is a permanent, self-supporting structure anchored directly to the ground (using poles, pylons, or a solid base) and independent from any building.

Sign, Ground

A low sign independent from any building that is in contact with or in close proximity to the ground and usually supported by posts or pillars on the sides and/or a structural base of not less than 75% of the width of the sign face.

Sign, Height

The height of a sign shall be the vertical distance measured from the ground at the base of the sign to the highest point of any portion of the sign or supporting structure.

Sign, Illuminated

Any sign which has characters, letters, figures, designs, or outlines illuminated, either internally or externally, by electric lights or luminous tubes.

Sign, Internally Illuminated

A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign.

Sign, Mechanically Inflated

Referred to as advertising inflatables, air dancers, or tube men, are dynamic, fan-driven marketing tools used to grab attention for storefronts, events, and promotions. These signs are constructed from lightweight, durable materials like nylon or PVC and use a continuous or sealed blower system to maintain their shape and motion.

Sign, Menu Board

A permanently mounted sign displaying the foods, products, or services for a drive-through or walk-up facility.

Sign, Noncommercial

Signs expressing personal political, religious, or other opinions, and not advertising any product, service, or event.

Sign, Off-Premises

A sign located on a lot that is not in common ownership with, and lacks a direct functional relationship to, the principal use on that lot. An off-premises sign is regulated solely by its physical characteristics and location and is classified as a sign, outdoor advertising structure (billboard) for permitting purposes.

Sign, Outdoor Advertising Structure (Billboard)

A freestanding sign structure located on a lot that is not in common ownership with, or that lacks a direct functional relationship to, the primary use conducted on that lot, and that is equipped or intended to display copy for lease or hire to third parties. Regulation of such structures is based on their size, height, illumination, and placement, not on the message displayed.

Sign, Permanent

A sign designed, constructed, and intended to remain in place for more than one hundred eighty (180) consecutive days or one hundred eighty (180) cumulative days within any twelve-month period.

Sign, Portable

A freestanding sign that is designed to be moved and is used primarily for advertising or identification while stationary. A portable sign is further defined as:

a) Allowed portable sign (private property). A non-illuminated A-frame, T-frame, or similar sidewalk sign placed entirely on private property in compliance with § 10 Table 10-A.

b) Prohibited portable sign (public ROW or oversized). A portable sign that is (i) placed in or projects into a public right-of-way without Council authorization, (ii) exceeds the size, height, or duration limits in Table 10-A, or (iii) is illuminated.

c) A sign painted on, or magnetically affixed to, a vehicle in ordinary business use is not a portable sign under this ordinance.

Sign, Projecting

A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

Sign, Roof

A sign mounted on the main roof portion of a building, and which is wholly dependent upon the building for support.

Sign, Temporary

A banner, pennant, poster or display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and intended to remain in place for not more than 6 months (180 consecutive days).

Sign, Vehicle or Trailer

A sign permanently or temporarily attached to or placed on a vehicle or trailer and used primarily as a stationary sign.

Sign, Wall

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign. This definition includes signs located on a parapet wall of a building and signs composed of individual letters, numbers, or symbols.

Sign, Window

A sign that is applied, painted, or attached to the interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window.

Sign, Yard

Yard Signs are temporary signs for all enforcement, duration, and maintenance purposes. Further defined as a two-dimensional temporary sign that:

a) Is fabricated as a rigid panel of wood, metal, plastic, or similar material;

b) Is supported in the ground by one or two stakes, H-frame, or comparable rods;

c) Is not larger than the maximum area and height allowed in § 10 Table 10-A; and

d) Is removed or replaced within the duration limits for Temporary Signs in Table 10-A or § 16 (b) (de-facto-permanent rule), whichever is shorter.

Structure

Any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery, and equipment.

5. Existing nonconforming signs.

a) Interim continuation. Any permanent sign that was lawfully installed before the effective date of this Article but does not conform to the new height, area, lighting, location, or structural standards may remain only for the amortization period established in § 16 (f), provided it is kept in safe, well-maintained condition.

b) End-of-period compliance. Upon expiration of that amortization period [including any extension granted under § 16 (f)], the sign must be either:

(1) Removed in its entirety; or

(2) Altered so as to meet every applicable standard of this article and any other relevant building, electrical, or safety codes.

c) Alterations during the amortization period. Routine maintenance (repainting, copy changes, lamp replacement, repair of broken parts) is allowed, but any increase in height, area, or illumination, or any relocation of the sign terminates the amortization grace period and requires full compliance at once.

d) New signs after change of use. If a business or other principal use on the premises is discontinued, replaced, or substantially altered before the amortization period ends, all signage associated with the discontinued use must be removed or brought into full compliance prior to the issuance of a Certificate of Occupancy for the new use.

6. Compliance.

a) No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without conformance with the provisions of this section and the issuance of a building permit by the Building Official, unless the sign qualifies for an exemption under § 10 or § 11 of this article.

b) No provision of this section shall be construed to prohibit the painting, repainting, varnishing, etc. of a lawfully existing sign, provided that there is no change in the sign height, location, shape or increase in sign area.

c) Every sign and all parts thereof, including without limitation, the framework, supports, background wiring systems and anchors shall be constructed and maintained in compliance with all applicable building, electrical and fire prevention codes.

d) A building permit for a sign shall become null and void if work authorized under the permit has not been completed within six (6) months of the date of issuance. The Building Official may approve one extension of up to three (3) months based on a written request from the applicant.

e) Notice and opportunity to cure.

(1) Before the Town removes, orders removal of, or issues fines for any sign alleged to violate this Article, the Zoning Enforcement Officer shall serve written notice on the property owner (and, if different, the sign owner) describing the alleged violation and specifying the corrective action required.

(2) The notice shall provide a minimum of ten (10) calendar days to cure or to file a written appeal before further enforcement action is taken, except where an immediate hazard to public safety is documented.

(3) If the violation is not cured and no appeal is filed within the cure period, the Town may proceed with removal or other enforcement remedies authorized by law.

7. Permit procedures.

a) The Building Official shall require the following information to be submitted with the online application for a building permit:

(1) Name, address, email, and telephone number of the applicant.

(2) A drawing of the proposed sign, giving dimensions, colors, materials and details about the proposed lighting.

(3) A dimensioned drawing of the building or lot showing where the proposed sign is to be located in relation to the building, property lines and streets, including heights.

(4) A drawing of the plans and specifications and details of the method of construction and attachment to the building or in the ground.

(5) Any electrical permit required and issued for said sign.

(6) For commercial uses where the applicant is a tenant and not the owner of the property; written consent of the owner of the building, structure or land to which or on which the sign is to be erected, shall be required.

(7) The Building Official shall review the application for its completeness and accuracy and approve or deny, in writing, the application within fourteen (14) working days of receipt of a complete application, unless the time is extended by written agreement with the applicant.

(8) When reviewing a sign permit application, the Town shall evaluate the sign based solely on objective physical and locational characteristics, including:

(i) Compliance with permitted height, size, materials (as described in § 8), and lighting standards;

(ii) Proximity to sight lines, driveways, and intersections to ensure public safety;

(iii) Structural soundness and conformance with building code requirements;

(iv) Impacts on pedestrian access and traffic visibility within the public right-of-way;

(v) No consideration shall be given to the message content, viewpoint, or speaker identity.

(9) A building permit for a sign shall become null and void if work authorized under the permit has not been completed within six (6) months of the date of issuance. The Building Official may approve an extension of up to three (3) months based on a written request from the applicant.

8. Construction and maintenance.

a) The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted provided the space occupied is roped or fenced off, or otherwise isolated.

b) The owner of any sign shall keep the sign and supporting structure in good condition and repair, including restoring, repainting, or replacing any worn or damaged components to their original permitted appearance.

c) The area surrounding the sign shall be kept free of refuse, litter, weeds, overgrowth, and any other accumulation of materials that may present a public nuisance, safety hazard, or impede visibility of the sign or public right-of-way.

d) No signs or sign anchors, braces, or guide rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe. No sign or any sign anchor, brace, or guide rod shall be erected or maintained so as to hinder or prevent ingress or egress through any door, window, or fire escape or so as to hinder or prevent the raising or placing of ladders against such building by the Fire Department.

e) Materials for permanent signs.

(1) All permanent signs shall be constructed of durable, weather-resistant materials designed for prolonged outdoor exposure. Acceptable materials include, but are not limited to:

(i) Corrosion-resistant metals such as aluminum or galvanized steel;

(ii) Exterior-grade wood or engineered wood products;

(iii) Rigid plastics such as acrylic, PVC, or polycarbonate;

(iv) Composite panels intended for outdoor signage;

(v) Painted or sealed masonry, stucco, or stone.

(2) The use of the following materials is prohibited in permanent signs:

(i) Untreated plywood, particle board, or other non-exterior-rated wood products;

(ii) Unfinished or flammable fabrics, paper, or canvas;

(iii) Styrofoam or other easily degradable foam materials;

(iv) Materials with excessive glare or mirror-like finishes, unless part of an approved design plan.

(3) All signs must be constructed to meet applicable requirements of the Rhode Island State Building Code. Anchors, braces, and supports must be corrosion-resistant and compatible with the sign's structural materials.

(4) Materials for Temporary Signs.

(i) Temporary signs shall be constructed of materials appropriate to their intended duration and location, such as:

(a) Corrugated plastic (i.e., coroplast);

(b) Exterior-rated cardboard or rigid foamboard;

(c) Painted or printed panels made of wood, PVC, or other weather-resistant substrates;

(d) Vinyl banners, provided they are securely fastened to a frame or structure and do not flap loosely in the wind.

(ii) Any temporary sign that becomes torn, water-damaged, unsecured, or otherwise deteriorated shall be removed or replaced within forty-eight (48) hours of notice from the Zoning Enforcement Officer.

(iii) Feather flags, flutter flags, sail signs, and similar vertically oriented, wind-activated signs are strictly prohibited.

f) Lighting standards.

(1) Shielding and directionality. All sign lighting shall be fully shielded and directed downward to prevent glare, light trespass, and skyglow. Lighting fixtures shall be installed such that no light is emitted above the horizontal plane of the fixture (i.e., no uplighting). Fixtures must be designed and located to illuminate only the sign face and not adjacent areas, structures, properties and rights-of-way.

(2) Illumination limits. The illumination of any sign, whether internal or external, shall not exceed 0.3 footcandles above ambient lighting levels when measured at a distance of 10 feet from the sign's surface. Electronic or digital signs, where permitted, must comply with additional brightness limits and curfews established elsewhere in this ordinance or in applicable performance standards.

(3) Prohibited lighting types. The following types of lighting are prohibited on any sign:

(i) Flashing, blinking, scrolling, or pulsating lights;

(ii) Bare bulb or exposed filament lighting;

(iii) Neon or LED tubing outlining the sign structure or building elements (except as part of an approved design plan);

(iv) Uplighting or backlighting that results in light projected toward the sky or adjacent properties.

(4) Hours of operation.

(i) Externally or internally illuminated signs shall be turned off between the hours of 11:00 p.m. and 6:00 a.m., except where the premises are:

(a) Lawfully occupied and actively conducting business or operations open to the public during those hours; or

(b) Specifically approved by the Planning Board for nighttime or 24-hour operations as part of a development plan, special use permit, or site plan.

(ii) Passive uses such as exterior security systems, surveillance, or motion-activated lighting do not qualify for the sign-permit exemptions listed in § 11 (Exemptions).

(5) Applicability of Other Lighting Regulations. Where other lighting standards within this ordinance may apply, the more restrictive standard shall govern. This includes, but is not limited to, lighting provisions found in performance standards, design guidelines, historic district regulations, or overlay zones. This subsection shall not limit the Town's authority to adopt more comprehensive lighting regulations in the future.

9. General provisions.

a) No sign shall extend onto or over a public right-of-way without prior approval by the Town Council. The Town council shall require the applicant to maintain sufficient insurance coverage to protect both the Town and the applicant from all claims from personal injuries that may arise from said sign.

b) No sign shall be erected or placed within the sight distance triangle defined in § 4 herein which obstructs the visibility of a motorist entering or leaving such establishment in the space between three feet and seven feet above the ground.

10. Signs allowed without a permit.

a) General limits. A permit is not required for the sign types listed in this section, provided they comply with the physical standards below and with § 8 (Construction, materials, maintenance). No sign installed under this section may project into a public right-of-way.

b) Identification plaque. One wall-mounted or ground-mounted plaque per premises, not exceeding 1.5 square feet, identifying the premises or occupant.

c) Governmental or traffic-control signs installed by a public agency in the discharge of its duties.

d) On-premises instructional, directional, safety, or regulatory signs. Signs that provide non-advertising information for on-site circulation, parking, loading, safety warnings (e.g., "No Trespassing," "Beware of Dog," "Fire Lane —

No Parking"), or other functional needs, provided each sign:

(1) Does not exceed two (2) square feet in area;

(2) Is not illuminated; and

(3) Is wholly on private property and outside any public right-of-way or sight-distance triangle. Public notices or warnings required by federal, state, or local law.

e) Temporary signs. Temporary signs constructed of weather-resistant materials, not illuminated, and complying with Table 10-A.

(1) Table 10-A lists common categories of temporary signs permitted without a building permit and sets maximum size, height, duration, and quantity for each.

(2) Where the table establishes a shorter time-limit than the ninety 90-day/one-hundred- twenty (120)-day threshold in the "Sign, Temporary" definition (§ 4) and the de-facto-permanent rule [§ 16(b)], the shorter limit in the table governs.

f) Portable Signs. Portable A-frame or T-frame signs that fully comply with § 10 Table 10-A (size, height, quantity, location, and daily removal) are allowed without a permit.

Table 10-A • Temporary Signs Allowed Without a Permit
Sign Category	Max Area (Per Face)	Max Height	Max Duration on Site	Quantity Limit
Yard Sign-Residential lots	6 sq. ft.	4 ft.	Not more than 6 months (180 consecutive days)	Up to 4 per 50 ft. of street frontage
Yard Sign - Non-residential lots	12 sq. ft.	4 ft.	Not more than 6 months (180 consecutive days)	Up to 2 per 50 ft. of street frontage
Project Sign (freestanding sign for construction, development, or sale/lease project)	32 sq. ft.	8 ft.	Remove within 14 days after project completion, Certificate of Occupancy, or sale/lease closing	1 per street frontage
Banner (flexible material attached to a building facade or fence)	16 sq. ft.	n/a	30 days per display; maximum 2 displays per lot per calendar year	1 per lot
Portable A-frame/T-frame Sign (on private property, not in ROW)	6 sq. ft. per face	4 ft.	Must be removed at close of business daily	1 per customer entrance

NOTES: Temporary signs in this table are non-illuminated, two-dimensional, and must comply with § 8 and § 10.

11. Exemptions.

The following signs are exempt from permit requirements and the dimensional, duration, and number restrictions in this ordinance. However, all exempt signs must comply with applicable safety, sight-distance, and maintenance requirements in Section 8 and must not be placed within public rights-of-way.

a) Government signs. Signs installed by the Town or by any county, state, or federal agency in the performance of governmental functions.

b) Machine-integrated signs. Signs that are permanently affixed to an automatic teller machine (ATM), vending machine, fuel pump, or other coin-operated machine, provided the sign relates solely to that machine's use or pricing.

c) Handheld signs. Signs carried by a person or worn as clothing.

d) Interior or non-visible signs. Signs that are not visible from any public street, sidewalk, right-of-way, trail, or park.

e) Address markers. Signs displaying only the street number or address of the premises, provided they do not exceed two (2) square feet and are not combined with any commercial, ideological, or promotional message.

f) Visual Art. Works of visual art that (1) are not used to identify a business, product, or service; (2) do not include logos, slogans, brand names, or similar commercial elements; and (3) are not illuminated. Visual Art expressing personal, ideological, or political views are protected as non-commercial speech and are not regulated as signs under this ordinance but must comply with dimensional and use restrictions as noted elsewhere in the zoning code.

g) Flags. Flags are not regulated as signs unless used primarily for commercial promotion. No more than two (2) flags per lot may be flown on free-standing poles or mounted fixtures. Flags must not exceed 24 square feet in area each, must be securely fastened, maintained in good condition, and must not obstruct public rights-of-way or visibility at intersections.

(1) Flags that are governmental or non-commercial in nature shall not be considered signs.

(2) Flags bearing commercial logos, slogans, or branding intended to promote a business shall be subject to all sign regulations in this ordinance.

h) Agricultural-operation signs.

(1) On-premises signs located on property that meets the definition of an "agricultural operation" in R.I.G.L. § 2-23-5 (Right-to-Farm Act) are exempt from the permit, area-count, and duration limits of this ordinance provided all of the following objective criteria are met:

(i) Location. The sign is entirely on the same lot that is actively devoted to the agricultural operation; no part of the sign projects into a public right-of-way.

(ii) Size and height (rigid signs). Each rigid sign face is not larger than 12 sq ft and the overall height does not exceed 6 ft above grade.

(iii) Number. No more than eight (8) agricultural signs (rigid or feather-flag) are allowed per agricultural operation.

(iv) Illumination. Signs are non-illuminated or externally lit only with fully shielded, down-cast fixtures that comply with § 8 (f) Lighting Standards.

(v) Maintenance and safety. All signs must satisfy the construction, maintenance, and sight-distance requirements in § 8 and § 9.

(vi) Feather-flags. Eight (8) of the eight total signs are allowed to be a fabric "feather flag" which meet the following requirements:

(a) Does not exceed 15 sq ft in exposed fabric area;

(b) Where the flag itself is no taller than 12 ft and mounted on a vertical pole not taller than 15 ft. The overall height of the mounted flag and it's vertical pole shall not be taller than 15 ft.

(c) Is displayed only during the hours the farm stand or its associated retail activities are open to the public, and is removed or furled at all other times;

(d) Is set back at least 10 ft from any lot line and outside all sight-distance triangles.

(2) Signs on the premises of legally non-conforming uses. Signs on the premises of legally nonconforming uses are exempt in-so-far as they may remain until the existing use of the premises is discontinued and as follows:

(i) Lawfully existing signs that do not conform to the provisions of this article may be maintained, repaired, and restored to their original condition.

(ii) Substitution of one non-commercial message for another, or substitution of non-commercial message in place of a commercial one, is allowed without affecting the sign's non-conforming status, provided the sign's size, height, and structural design remain unchanged.

i) A Fuel Price Sign signs displaying the current retail price of motor fuels sold on the premises shall be exempt from the provisions of this ordinance that regulate electronic or digital signs, provided that:

(1) The sign is located on the same lot as the fueling station;

(2) The sign is static and may not scroll, flash, animate, or alternate between multiple messages;

(3) The sign is used solely for the purpose of displaying motor fuel prices as required by state or federal law; and

(4) The sign complies with the maximum height, size, number, and setback requirements applicable to freestanding signs in the zoning district where it is located.

12. Signs prohibited. The following signs are prohibited and shall not be erected or maintained in any manner. This section shall not be interpreted to regulate or restrict the message content displayed on any sign. Nothing in this ordinance shall be construed to prohibit non-commercial speech on any sign otherwise permitted by right:

a) Signs placed on public property or within a public right-of-way unless such signs are erected by a public or municipal agency in discharge of its governmental functions.

b) Signs erected or placed within a public right-of-way, or on private property within three (3) feet of the edge of any public sidewalk, shared-use path, or other designated pedestrian travel route, that obstruct, impede, or reduce the clear walking surface to less than four (4) continuous feet in width, or otherwise hinder safe pedestrian passage, shall be prohibited.

c) Off-premise (billboard) location limits.

(1) Except as provided in sub-paragraph 2, a sign must be located on the same lot that contains the principal use it identifies or serves.

(2) Sign, outdoor advertising structure (billboard) may be allowed only in the Commercial, Industrial, or Waterfront districts by special-use permit under § 15, subject to height, area, lighting, setback, and spacing standards adopted by the Zoning Board of Review.

(3) Nothing in this subsection shall be interpreted to regulate the content, viewpoint, or message displayed on any lawfully erected sign.

d) Electronic or digital signs which incorporate in any manner any flashing, moving or oscillating illumination or illumination which varies in color, or signs with audible sounds.

e) Signs with visible moving parts or which achieve movement by action of wind currents including pennants, spinners, streamers or feather-shaped, ground-mounted flags.

f) Mechanically inflated signs.

g) Projecting signs with internal illumination.

h) Signs attached to a utility pole in accordance with § 12(a) of this article.

i) Signs that could be mistaken for traffic control signs or lights.

j) Signs or their supporting structures in disrepair that constitute a hazard to public safety or health [see R.I.G.L. § 23-27.3-124.1 ("Unsafe Conditions")].

k) Signs which by reason of size, type or location obstruct, hinder or distract 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 or which interfere with, mislead or confuse traffic.

l) Portable signs that (a) exceeds a Table 10-A limit, (b) is illuminated, (c) is placed in a public right-of-way without explicit Town-Council authorization, or (d) is otherwise inconsistent with § 8 (Construction and maintenance) is prohibited.

13. Signs allowed in residential districts with a permit. The following signs are allowed in all Residential Zoning Districts subject to the following regulations and in accordance with all other provisions of this ordinance:

a) All signs allowed without a building permit in paragraph 10 above or listed as an exemption in paragraph 11 above.

b) Permanent Identification Signs.

(1) One permanent ground sign identifying a residential subdivision or multi-family development may be permitted at each principal entrance, subject to approval of the Building Official. Such sign shall not exceed:

(i) 24 square feet in area per sign face;

(ii) 5 feet in height;

(2) Shall be externally illuminated only, with downward-facing fixtures compliant with § 8(f).

(3) The Building Official may approve a sign up to these maximum limits based on site context, but may not exceed them without a Special Use Permit.

(4) In addition:

(i) The land developer, condominium association, or homeowners association shall be responsible for paying all costs for maintenance of the sign and associated landscaping. Written agreements shall be on file between the Town and the land developer, condominium association, and/or homeowners association as to the maintenance and care of the sign and landscaping. The agreement shall also identify the responsible party for paying the costs of removing the sign in the event it is not properly maintained.

(ii) All subdivision or development ground sign placement, replacement, relocation, and removal shall be at the expense of the land developer, condominium association, or homeowners association. If the sign is in disrepair or becomes a hazard to public safety, the Town shall have the authority to remove the sign and assess the costs as provided for in the agreement.

c) Temporary signs on land actively being subdivided or developed, or on land provided the sign shall not exceed 32 square feet in area on one side, and 64 square feet in area on all sides, and shall not be closer than 10 feet to a street right-of-way or side or rear lot line. These signs shall be removed within 14 days of completion of work or sale of the final unit, as determined by the Building Official.

d) Temporary signs on land or buildings actively being worked on by a licensed contractor with all valid and necessary permits provided the sign shall not exceed six (6) square feet and shall not be closer than 10 feet to a street right-of-way or side or rear lot line. These signs shall be removed within 14 days of completion of work or sale of the final unit, as determined by the Building Official.

14. Signs allowed in commercial, industrial and water front districts with a permit. The following signs are allowed in commercial, industrial and waterfront districts:

a) All signs allowed without a building permit in § 10 of this article or listed as an exemption in § 11 of this article.

b) On any lot upon which is located only one (1) establishment, the following signs shall be permitted:

(1) One (1) freestanding sign, not to exceed fifteen (15) feet in overall height including the space clearance between the ground and the sign. The maximum area of said signs shall be equal to or less than one square foot of sign area for each 5 lineal foot of street frontage of said lot, not to exceed 32 square feet. In instances where a lot fronts on more than one street, only the frontage on one street may be used for calculating sign area. That frontage shall be the frontage upon which the signs are located;

(2) One (1) wall mounted sign or one (1) roof-mounted sign or one (1) projecting sign. The maximum area of a wall-mounted sign shall be equal to or less than one (1) square foot for each two lineal feet of building frontage on which the signs are attached, not to exceed fifty (50) square feet, provided that the sign shall not extend beyond the top or side of the wall to which it is attached. The maximum area of a roof-mounted or projecting sign shall not exceed twelve (12) square feet. The base of all projecting signs shall be no less than eight (8) feet above the ground. Projecting signs shall not project more than four (4) feet from the exterior wall of the building. Roof mounted signs shall not extend above the peak of the roofline of the roof upon which it is mounted or be attached in any way which would increase the overall height of the structure on which is located.

c) On any lot upon which is located more than one (1) establishment the following signs shall be permitted:

(1) One (1) freestanding sign per lot not to exceed fifteen (15) feet in overall height including the space clearance between the ground and the sign. The maximum area of said sign shall be equal to or less than one square foot of sign area for each five (5) lineal feet of street frontage of said lot, not to exceed thirty-two (32) square feet. In instances where a lot fronts on more than one street, only the frontage on one street shall be used for calculating sign area. That frontage shall be the frontage upon which the sign is located;

(2) One (1) wall mounted sign or one (1) roof mounted sign or one (1) projecting sign per establishment. Each establishment may have one (1) wall-mounted sign, not to exceed one (1) square foot per two (2) linear feet of its individual tenant frontage, up to a maximum of forty (40) square feet, provided that said sign shall not extend beyond the top of side of the wall to which it is affixed. The maximum area of a roof mounted or projecting sign shall not exceed twelve (12) square feet. The base of all projecting signs shall be no less than eight (8) feet above the ground. Projecting signs shall not project more than four (4) feet from the exterior wall of the building. Roof mounted signs shall not extend above the peak of the roofline of the roof upon which it is mounted or be attached in any way which would increase the overall height of the structure on which is located.

d) Common Signage Plans. If the owner or owners of a lot with three (3) or more establishments file with the Building Official a common signage plan conforming with the provisions below, a twenty five percent (25%) increase in the area of each freestanding or wall mounted sign shall be allowed.

(1) A Common Signage Plan (CSP) shall contain all information required by paragraph 7(a) above, and specify standards for consistency among all signs on the lot with regard to color scheme, lettering or graphic style, lighting, location on buildings, material and sign proportions.

(2) There shall be only one freestanding sign for each lot regardless of number of establishments and the common signage plan shall provide for sale or shared usage of said sign.

(3) A CSP shall be signed by all owners or their authorized agents in such form as the building inspector shall require.

(4) CSP Requirements and Review. Where a CSP is submitted and approved for all establishments on a lot, each establishment may be permitted one (1) additional wall sign not exceeding four (4) square feet in area. In addition, shared freestanding signage may be granted a bonus of up to 25% additional sign area beyond the base standard, at the discretion of the Zoning Enforcement Officer, based on design quality and site context.

(5) A CSP must include:

(i) A site plan showing all existing and proposed signage locations;

(ii) Consistent standards for size, colors, materials, fonts, and illumination;

(iii) Identification of the party responsible for sign maintenance and compliance;

(iv) A signed agreement that all current and future tenants will comply with the approved plan.

(v) CSPs are subject to administrative review and approval by the Zoning Enforcement Officer. Approved CSPs may impose stricter standards than otherwise allowed under this ordinance, and shall govern all signage on the subject property.

15. Signs permitted by special use permit or dimensional variance.

a) The following signs may be permitted as a special use permit by the Zoning Board of Review:

(1) Off-site directional signs where the location of a use requires such signs in order to avoid confusion, traffic congestion or similar inconveniences, and to facilitate travel to such location. The Zoning Board of Review may permit signs as are reasonably necessary to accomplish these objectives, but no more than two (2) such signs shall be permitted for any one (1) use. The area of any such sign shall be no more than four square feet (4 ft.²) and in all cases the minimum number of signs and size necessary to accomplish any of these objectives shall be authorized. The Zoning Board shall only grant the minimum relief necessary to effect the purposes of this section.

(2) Signs, which by their design, shape or construction, are representations of a trademark, logogram or symbol employed in the advertising of any industrial use. No more than one (1) such sign shall be permitted for each such use and may be permitted only in industrial and waterfront zoning districts. The area of any such sign may not exceed forty (40) square feet. Such sign shall only be wall-mounted and may be illuminated and shall be in addition to any permitted signs. The Zoning Board shall only grant the minimum relief necessary to affect the purposes of this section.

b) Any sign not in conformance with the provisions of this ordinance in regards to permitted number of signs, sign area, height, or location only shall be required to seek relief from those provisions by obtaining a dimensional variance. Provided that no relief from this ordinance may be granted to allow the lawful erection or maintenance of signs prohibited by § 12 hereof.

16. Administration and enforcement.

a) Responsibilities. The Town Building Official or designee acting as or in coordination with the Zoning Enforcement Officer (ZEO) or designee shall:

(1) Determine conformance of proposed signs with this article and other applicable codes.

(2) Issue building permits for signs that require them.

(3) Rule on the applicability of § 5 (Existing Non-conforming Signs).

(4) Conduct periodic inspections to ensure continued compliance with state building, electrical, and fire-protection codes.

(5) Order the repair or removal of signs that create an immediate hazard to public safety [see R.I.G.L. § 23-27.3-124.1 ("Unsafe Conditions")]. Where practical, the ZEO shall document the hazard and attempt to notify the owner before removal; however, immediate abatement may occur without prior notice if delay would increase risk.

b) De Facto permanent signage.

(1) Any temporary sign that remains in place for more than 180 consecutive days or 180 cumulative days within any twelve-month period, is deemed a permanent sign and must meet all standards for permanent signs.

(2) Upon determining that a temporary sign has become de facto permanent, the ZEO or their designee shall serve written notice to the property and sign owner, allowing ten (10) calendar days either to remove the sign or to submit a complete permit application for permanent-sign approval.

c) Standard enforcement procedure (non-hazard signs).

(1) Notice of Violation (NOV). Except for immediate hazards under § 16 (a)(e), enforcement shall begin with a written NOV outlining the objective physical grounds for the violation (size, height, placement, materials, illumination, duration) and the corrective action required.

(2) Cure period. The NOV shall grant at least thirty (30) calendar days to cure the violation or file a written appeal to the Zoning Board of Review.

(3) Failure to cure or appeal. If the violation is not cured and no appeal is timely filed, the Town may remove the sign, proceed with Municipal Court as outlined in Chapter 12 of the Town Code (Municipal Court), or seek other remedies of law.

(4) Cost recovery. When the Town removes a sign, reasonable costs of removal and storage may be assessed to the responsible party and collected as a municipal lien.

d) Appeals.

(1) Decisions of the ZEO under this Article (including NOVs, permit denials, and reclassification of temporary signs) may be appealed to the Zoning Board of Review in accordance with R.I.G.L. § 45-24-57.

(2) Filing an appeal within the cure period stays enforcement actions — except for immediate hazards — until the Board issues a decision.

e) Content neutrality. All enforcement actions shall be based solely on the physical, structural, or locational characteristics of the sign. No consideration shall be given to the message content, viewpoint, or the identity of the speaker, consistent with § 1(b).

f) Amortization of existing non-conforming signs.

(1) Any permanent sign that was lawful on the effective date of this ordinance but does not conform to the new dimensional, height, lighting, or location standards shall be removed or brought into full compliance within three (3) years of the adoption date of this Article, unless a shorter period is imposed as a condition of a permit or approval. The Zoning Board of Review may grant an extension of up to one (1) additional year upon a showing of substantial hardship that is not self-created.

17. Applicability in overlay districts.

a) Where properties are located within a development subject to design review and designated as such in Article VII of the Portsmouth Zoning Ordinance (or any other overlay district with separate sign or architectural guidelines) such properties and any signage located within those properties will be governed by the Portsmouth Design Review Guidelines. Where an overlay district provides for its own separate sign or architectural guidelines the more restrictive standard shall govern.

b) Compliance with this ordinance does not relieve any applicant from also complying with any other applicable provisions of the Zoning Ordinance, or design overlay standards. All sign applications in such districts must be reviewed in accordance with those additional requirements.

Section C Vision clearance.

All developments, signs, landscaping and other improvements shall provide for clear, unobstructed vision for pedestrians and motorists entering or exiting any development.

1. Pertaining to street intersections and entrances or exits from parking lots, a three (3)-dimensional area between the height of three feet (3') and seven feet (7') for distance of thirty feet (30') from the corner (measured along the property line at intersections and at the curb for parking lots) in which nothing exists, is erected, placed, planted or allowed to grow in such manner as to materially impede vision.

2. Pertaining to residential driveways, the clear vision distance from the street shall be ten feet (10').

Section D Design review standards. [1]

[Added 1-21-2004]

1. Pre-application meetings - concept plans.

a) One (1) or more pre-application meetings shall be held for all developments to be reviewed by the Design Review Board according to Articles VII and VIII of this ordinance. Pre-application meetings may be held upon request of either the Zoning Officer or the applicant. Pre-application meetings shall allow the applicant to meet with the Design Review Board for advice as to the pertinent Town plans, ordinances, regulations, rules and procedures and standards which may bear upon the design of the proposed development project.

b) The applicant may request the Design Review Board for an informal concept plan review for a development. Such meetings are encouraged. The purpose of the concept plan review is to provide Design Review Board input in the formative stages of a development concept design. (Note: a "concept plan" is not to be confused with a full application.)

c) Applicants seeking a pre-application meeting or an informal concept plan review shall submit materials at least two (2) weeks prior to meeting with the Board.

d) Pre-application meetings shall aim to encourage information sharing and discussion of project concepts. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements. Any tentative approval or acceptance of a pre-application concept plan by the Design Review Board shall not be binding upon the Zoning Board of Review. Pre-application discussions are not to be considered as vesting of any sort in zoning or any other land use ordinances of the Town. The Board shall not be required to hold a public hearing on the pre-application concept plan filed.

e) Concept plan submittal contents.

(1) Plan drawn on sheet at a scale of one inch equals forty feet (1" = 40') and be thirty-two inches (32") long and twenty-two inches (22") wide on which shall be at least the following:

(2) A plot plan showing the entire area to be developed as well as any abutting land under control of the applicant or owner of the land shown on the plan, and all properties within five hundred feet (500') of proposed development.

[Amended 10-10-2004[2]]

[2] Note: "and all properties within 500 ft. of proposed development" adopted 10-10-2004.

(3) A title block including the name of the designer and engineer, the name of the development, owner and applicant if other than owner, the date and scale.

(4) Show location of all proposed vehicular and pedestrian interior ways.

(5) Show location of proposed parking.

(6) Show location of all proposed buildings (new and renovated) by type.

(7) Show location of retention/erosion control areas if necessary to meet drainage requirements.

(8) Show the proposed treatment of all open spaces.

(9) Show preliminary building elevations and exterior treatments.

(10) A one-page written description of the project.

2. Application submission requirements.

a) In addition to the submittals required in Article VII in this Ordinance, seven (7) full sets of building and site drawings including, but not limited to, building elevations, landscaping and planting plans, signage, etc., as set forth below, and shall, as a condition precedent to the granting of said special use permit, require full adherence to said plans without deviation at any later construction date. Said submissions shall be at the same size and scale as required in Article VII, and shall conform to the development standards set forth in the Design Review Guidelines, and shall contain the following:

[Amended 1-21-2004]

b) Architectural Submittals. On a separate sheet(s), architectural submittals are required which shall include the following:

(1) Elevations, locations and dimensions of all wall openings, including windows, doors, and vents; for all sides of any proposed building or structure, including signs;

(2) Exterior lighting plans;

(3) Samples and/or descriptions and colors of all materials for proposed exterior treatments.

(4) Indication of roof pitch and materials.

(5) Location of and screening method used for all roof mounted mechanical equipment.

(6) Landscape plans. On a separate sheet(s), landscape plans are required which shall include the following:

(i) Location of existing trees and major shrubs that will be preserved. Proposed plantings and other landscape material, shown by type, size and number;

(ii) Provisions for pedestrian circulation;

(iii) Site furnishings, including location of and screen treatment for trash disposal and storage areas;

(iv) Location and appearance of all fences, walls, berms and other screening features; and

(v) Location, dimension, slopes, and landscaping treatment of all drainage facilities.

(vi) A written description of the project.

3. Design standards - purpose.

a) Architectural styles, design themes, and site details including signs, lighting, pedestrian furniture, planting and paving, along with building materials, colors, textures and grade shall be compatible within the overall site design and shall preserve and enhance the character of the surrounding area. These details should blend with their surroundings to create a diverse, yet unified, street composition.

b) Design Review Standards, which shall guide the recommendations of the Design Review Board, are contained in the publication entitled "Portsmouth Design Review Guidelines".[3]

[3] Editor's Note: See Ch. 148, Design Review Guidelines.

c) While quality design is desirable everywhere, it is the intent of this ordinance that the Portsmouth Design Review Guidelines be more stringently applied in the Town Center District than in other zones in order to achieve the intent of the Town Center District per Article III.

[Added 10-27-2004]

[1] Editor's Note: See also Ch. 148, Design Review Guidelines. Note: Design Review along with a separate document entitled "Design Review Guidelines" was adopted on 1-21-2004. References to the Guidelines and the Design Review Board are contained in Articles VII, IX, and XI.