All signs shall comply with the regulations for the erection
and construction of signs contained in the Building Code of the City
of Rochester and other applicable City regulations, except as shall
be under the jurisdiction of RSA 236:69 to 236:89. Signs shall be
permitted in accordance with the following regulations.
The purpose of this article is to create a legal framework to
regulate the type, number, location, size, and illumination of signs
on private property in order to maintain and enhance the character
of the City's commercial district and residential neighborhood and
to protect the public from hazardous and distracting displays.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A sign which was lawfully established prior to the adoption
or amendment of this article but which does not meet the requirements
of this article is considered a nonconforming sign. Nonconforming
signs and sign structures may remain or must be removed as follows:
A. Applicable provisions of Article
30, Nonconforming Property, of this chapter shall apply unless superseded herein.
B. No changes in the sign or sign structure are permitted except for
basic maintenance and repairs necessary to keep the sign in good working
order or other changes which bring the sign into compliance. No nonconforming
sign shall be reconstructed, modified, or relocated except for changes
to the sign face itself within the same size and shape to accommodate
a change of copy. A nonconforming sign which is damaged beyond repair
due to a cause beyond the control of the owner may be replaced within
one year of when damage occurs.
C. Nonconforming signs may not be altered in any way.
D. Existing temporary signs which are not in compliance with this article
are not considered to be "grandfathered" under this article. If any
notification of noncompliance is given from the Director of Building,
Zoning, and Licensing Services or his/her designee, these signs or
conditions must be brought into compliance within 60 days from that
notification.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All signs, regardless of size, shall require the issuance of
a sign permit before public display unless otherwise specifically
exempt by this article.
Application for a sign permit shall be to the Building, Zoning,
and Licensing Services Department.
A. The application should contain the following:
(1) Name, signature, address and telephone number of the applicant.
(2) Owner's authorization for the application if not the applicant.
(3) Location of the building, structure or lot on which the sign will
be located.
(4) The district where the sign will be located.
B. Historic District. Signs in the Historic District, except for portable easel, placard, and sandwich board signs, are subject to review by the Historic District Commission (see Article
14, Historic Overlay District).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Before any permit is granted for the erection of a sign or sign
structure requiring such permit, construction documents shall be filed
with the Building, Zoning, and Licensing Services Department showing
the dimensions, materials and required details of construction, including
loads, stresses, anchorage and any other pertinent data. The permit
application shall be accompanied by the written consent of the owner
or lessee of the premises upon which the sign is to be erected and
by engineering calculations signed and sealed by a registered design
professional where required by the International Building Code.
No sign shall be structurally altered, enlarged or relocated,
except in conformity with the provisions herein, until a proper permit,
if required, has been secured. The changing or maintenance of movable
parts or components of an approved sign that is designed for such
changes, or the changing of copy, business names, lettering, sign
faces, colors, display and/or graphic matter, or the content of any
sign, shall not be deemed a structural alteration.
Permit fees to erect, alter or relocate a sign shall be in accordance
with the fee schedule adopted within this jurisdiction.
The following devices and locations shall be specifically prohibited:
A. Signs located in such a manner as to obstruct or otherwise interfere
with an official traffic sign, signal or device, or obstruct or interfere
with a driver's view of approaching, merging or intersecting traffic.
B. Except as provided for elsewhere in this article, signs encroaching
upon or overhanging public rights-of-way. No sign shall be attached
to any utility pole, light standard, street tree or any other public
facility located within the public right-of-way.
C. Signs which blink, flash or are animated by lighting in any fashion
that would cause such signs to have the appearance of traffic safety
signs and lights, or to have the appearance of municipal vehicle warnings
from a distance.
D. Any sign attached to, or placed on, a vehicle or trailer parked on
public or private property, except for signs meeting the following
conditions:
(1)
The primary purpose of such a vehicle or trailer is not the
display of signs.
(2)
The signs are magnetic, decals or painted upon an integral part
of the vehicle or equipment as originally designed by the manufacturer,
and do not break the silhouette of the vehicle.
(3)
The vehicle or trailer is in operating condition, currently
registered and licensed to operate on public streets when applicable,
and actively used or available for use in the daily function of the
business to which such signs relate.
E. Vehicles and trailers used primarily as static displays, advertising
a product or service, or utilized as storage, shelter or distribution
points for commercial products or services for the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The following signs shall be exempt from the provisions of this
chapter:
A. Official notices authorized by a court, public body or public safety
official.
B. Directional, warning or information signs authorized by federal,
state, or municipal governments.
C. Memorial plaques, building identification signs and building cornerstones
when cut or carved into a masonry surface or when made of noncombustible
material and made an integral part of the building or structure.
D. The flag of a government or noncommercial institution, such as a
school.
E. Works of fine art displayed in conjunction with a commercial enterprise
where the enterprise does not receive direct commercial gain.
F. Street address signs and combination nameplate and street address
signs that contain no advertising copy and which do not exceed six
square feet (0.56m2) in area.
G. Signs required, or deemed necessary for the public welfare and safety,
by a municipal, state, or federal agency such as traffic control and
directional signs.
For the purpose set forth in this article the following definitions
apply:
ABANDONED SIGN
A sign structure that has ceased to be used and the owner
intends no longer to have used.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this article, include the following types:
A.
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below.
B.
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this article, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds eight seconds.
C.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "awning," "backlit
awning" and "canopy, attached and freestanding."
AWNING
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
AWNING SIGN
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign."
BACKLIT AWNING
An awning with a translucent covering material and a source
of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BILLBOARD
See "off-premises sign" and "outdoor advertising sign."
BUILDING
A structure which has a roof supported by walls for shelter,
support, or enclosure of persons, animals, or chattel.
CANOPY (ATTACHED)
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "marquee."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
CANOPY (FREESTANDING)
A multisided overhead structure supported by columns but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or
freestanding canopy.
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input, including signs which are:
A.
ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a
building structure.
COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with §
275-29.12G.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
energy.
FLAG
A sign constructed of cloth and attached to a staff or pole.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the
ground and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a
single premises orientated to the public way or other properties that
it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
INTERIOR SIGN
Any sign placed within a building, but not including window
signs as defined by this article. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
MARQUEE
A permanent roof-like structure, including the structural
support system, projecting beyond a building wall at the entrance
to a building or extending along and projecting beyond the building
wall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
MENU BOARD
A freestanding sign orientated to the drive-through lane
for a restaurant that advertises the menu items available from the
drive-through window, and which has no more than 20% of the total
area of such a sign utilized for business identification.
NONCONFORMING SIGN
Any sign that existed lawfully prior to the adoption or amendment
of this article which now does not conform to the provisions of this
article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
OFF-PREMISES SIGN
A sign which pertains to a business, industry, or other activity
which is not located on the premises upon which the sign is located.
OFF-PREMISES SIGN, DIRECTIONAL
A sign on private property whose only purpose is to direct
vehicular traffic for delivers and visitation and is not intended
to be used as a form of advertisement.
ON-PREMISES SIGN
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
PERMANENT SIGN
A sign that is displayed for more than a total of 90 days
in any one year.
POLITICAL SIGN
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building
or building surface.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects
more than 18 inches (457 millimeters) from a building face or wall
or from a structure whose primary purpose is other than the support
of a sign.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
SANDWICH BOARD SIGN
A portable sign shaped like an A-frame with a sign pane on
one or both sides.
SIGN
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Noncommercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
SIGN AREA
The area of the smallest geometric figure or the sum of the
combination of regular geometric figures which comprise the sign face.
The area of any double- sided or V-shaped sign shall be the area of
the largest single face only. The area of a sphere shall be computed
as the area of a circle. The area of all other multiple-sided signs
shall be computed as 50% of the sum of the area of all faces of the
sign.
SIGN FACE
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
SNIPE SIGN
Any sign of any size, made of any material, including paper,
cardboard, wood and metal, when such sign is tacked, nailed, posted,
pasted, glued, or otherwise attached to trees, poles, fences or other
objects, and the advertising matter appearing thereon is not applicable
to the premises upon which said sign is located.
SPECIAL EVENT
A temporary sign that is either on site or off site that
provides identification or information pertaining to a special event
or occurrence sponsored by a nonprofit or civic organization.
TEMPORARY SIGN
A sign not constructed for or intended for permanent use.
Temporary signs may not be displayed for more than a total of 30 days
in any one year.
WALL OR FASCIA SIGN
A sign that is attached to a vertical wall of a building
that projects not more than 18 inches from the building or structure
wall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
WINDOW SIGN
A sign within one foot of a window intended to be visible
to and readable from the public way or from adjacent property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The following special requirements shall apply in each respective
zoning district:
A. Residential zoning districts.
(1)
For permitted nonresidential uses one freestanding sign with
a maximum area of six square feet per side plus one attached sign
not to exceed 12 square feet is permitted. Signs shall have a maximum
height of six feet.
(2)
Internally illuminated signs (including neon signs and signage
placed in a window) are not permitted.
(3)
No sign may be illuminated between the hours of 9:00 p.m. and
7:00 a.m. with the exception of signage:
(a) Showing property addresses;
(b) For residential communities; and
(c) For businesses and organizations during any specific hours in that
time period that the businesses are open.
B. Nonresidential zoning districts.
(1)
Baseline. The following advertising signage is permitted for
one nonresidential use occupying a single building in commercial and
industrial zoning districts (except as otherwise indicated in this
article). Additional allowances beyond these limitations or other
restrictions for various situations are shown in the subsequent subsections.
Dimensional standards are as follows:
Zoning District
|
Maximum Area
(square feet)
|
Maximum Height
(feet)
|
---|
Highway Commercial
General Industrial
Hospital
Granite Ridge Development
|
75
|
30
|
Airport
Recycling Industrial
|
50
|
20
|
Downtown Commercial
|
25
|
15
|
Neighborhood Mixed-Use
Office Commercial
|
20
|
8
|
Note: All signs that are to be located in the Historic District are also subject to the provisions of Article 14, Historic Overlay District.
|
(2)
Freestanding signs. Only one freestanding sign shall be permitted
on a lot even if there is more than one building or use on that lot.
No part of any freestanding sign shall be located within five feet
of any property line.
(3)
Wall signs. No wall sign shall exceed 10% of the area of the
building frontage as measured by the width of the wall containing
the main public entrance by the height (measured from the floor level
to the top of the first floor cornice area, or to one foot below secondary
story window) of the building to which it is attached. For buildings
with multiple tenants having store fronts only, the facade rented
by the tenant shall be considered as wall area for a sign.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
A maximum of four signs. Buildings located in the Granite Ridge
Development District, between the service road and Route 11, are allowed
one additional wall-mounted sign per tenant on the rear facade. The
same size restrictions as applied to the front facade shall determine
the size of sign.
(4)
Temporary signs. One temporary sign is allowed at any one time,
including portable and banner signs. For portable signs (where they
are permitted; see below) the maximum area is eight square feet and
the maximum height is four feet. Banner signs, not exceeding 60 square
feet, are permitted for grand openings of new business only, and may
be displayed for a maximum of 30 consecutive days. Permits are required
for these signs with a fee set by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Directory signs. For each additional independent enterprise
on a site beyond one, an additional 10 square feet may be added to
one freestanding directory sign not to exceed 100 square feet. Property
owners of separate adjoining lots may also elect to have one joint
directory sign.
(6)
Attached directory signs. One additional attached directory
sign of the principal uses within a multi-tenant building is permitted
on the exterior wall at each entrance to the building. It shall not
exceed three square feet plus one square foot for each independent
enterprise.
(7)
Upper floor units. Each upper floor occupant may use one attached
sign placed at no higher than the second floor level, not to exceed
six square feet per side for each occupant plus window signs. Window
signage shall not exceed 25% of the total window area.
(8)
Multiple occupant sites. On multiple occupant sites up to three
portable signs for independent enterprises may be placed at the same
time.
(9)
Secondary entrance. By conditional use permit issued by the
Planning Board, any site with at least 300 feet of linear lot frontage
and with a second driveway entrance located at least 200 feet from
the primary entrance may have a second freestanding sign at the second
entrance not to exceed 16 square feet and eight feet in height.
(10)
Corner or multiple frontage lots. By conditional use permit
issued by the Planning Board, any corner lot or a rear frontage lot
(or double frontage) may have one additional freestanding sign with
a maximum area of 24 square feet on the second frontage provided the
property across the street on that second frontage is not zoned residential.
(11)
Specific zoning districts. Internally illuminated signs are
permitted only in the Highway Commercial, Downtown Commercial, Granite
Ridge Development, and Industrial Districts.