[Adopted 3-15-2021 by Ord. No. 291]
(a) 
As stated in the City of Rutland's Master Plan, "The City of Rutland recognizes its historical role as the economic, cultural, and social leader of the region, and as the region's growth center." Furthermore, the Plan sets forth the creation of Design Control Districts (incorporated into the City's Zoning Ordinance[1]) with the intention of protecting the historic integrity and aesthetic value of the highly visible historic and gateway areas in and outside of the downtown. Signs are a significant part of the visual landscape in these areas.
[1]
Editor's Note: See Title 31, Zoning and Planning.
(b) 
Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this chapter is to regulate all signs that can be viewed from the exterior of a building within Rutland City, unless specifically exempted in this chapter. This chapter is intended to do the following:
(1) 
Set standards and provide uniform controls that improve the visual appearance of the City while providing for effective means of communication consistent with constitutional guarantees as well as the City's goals related to the character of the City.
(2) 
Prohibit the erection of signs in such numbers, sizes, designs, illumination, and locations that may create a hazard to pedestrians and all modes of transportation.
(3) 
Avoid excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
(4) 
Establish a process for the review and approval of sign permit applications.
(5) 
Ensure sign design, especially in the historic areas, builds on the traditional town image and desired visual environment.
Per the City of Rutland Charter § 9-3-1(47), the City has the power to regulate signs within the municipality. This chapter sets forth the specific regulations and procedures by which the power is enacted.
(a) 
All signs must be designed and installed in accordance with the provisions of this chapter. The Building Inspector must issue a sign permit before any sign is installed, erected, enlarged, replaced, reworded, redesigned or altered in any way except as specifically exempted or provided herein.
(b) 
Nothing herein shall limit the force and effectiveness of any statute of the State of Vermont or ordinances adopted by the City of Rutland, including, without limitation, Revised Ordinances of Rutland ("ROR") Title 25, Chapter 5, § 4453.
(a) 
The following signs do not require a sign permit:
(1) 
Signs on registered and inspected motor vehicles or other rolling stock, except those which are determined by the Building Inspector to be circumventing the intent of this chapter.
(2) 
Signs with an area not more than two square feet, identifying stops or fare zone limits of common carriers by public transportation.
(3) 
Posters, as defined in this chapter: a maximum of two square feet posted on private property only. Any person erecting a poster is responsible for its removal immediately upon the conclusion of the advertised event. This exemption does not apply to commercial entities seeking to post additional signs not otherwise permitted in this chapter.
(4) 
Signs providing information or promotion of an item that will appear on an election ballot are allowed, provided they are erected no more than three weeks before an election and are removed the day after the election. Such signs shall be no more than six square feet. Any person erecting a sign of this nature is responsible for its removal.
(5) 
Signs erected by the City of Rutland or its school district.
(6) 
Signs erected by the US Government, State of Vermont or any of its boards, agencies or departments.
(7) 
Signs directing people to emergency services (e.g., emergency room entrance of the hospital).
(8) 
Up to two open signs and one open flag for any single commercial business.
(9) 
On-premises directional and informational signs, up to two square feet in area, identifying the location of restrooms, freight entrances, designated accessible parking spaces, posted areas, or the like. These signs shall not be illuminated. Where freestanding, these signs shall not be more than three feet in height and shall not obstruct pedestrian or vehicular safety or circulation. Where wall-mounted, these signs shall be placed in appropriate locations that do not create hazards and do not adversely impact the architectural design of any building.
(10) 
Signs on private residences: a residential sign identifying the address and name or owner of a parcel, not to exceed 1 1/2 square feet in area.
(11) 
Temporary signs intended to facilitate the sale or lease of a property are allowed during the time period that a property is actively marketed for sale as may be evidenced by the property's listing in a multiple listing service. The physical structure of such sign shall not exceed six square feet in area, not including support posts; the sign shall be constructed of rigid and weather-resistant material; and the sign shall be removed immediately upon sale or lease of the advertised real estate.
(12) 
Portable signs no greater than eight square feet in area and three feet in height advertising an event holding a special event permit from the City of Rutland.
(a) 
The following signs are prohibited:
(1) 
Unsafe signs and unlawful signs.
(2) 
Signs that move or contain animated or moving parts.
(3) 
Electronic message board signs, except as expressly authorized herein.
(4) 
Abandoned signs, except that an otherwise conforming sign associated with an existing building may choose to cover or remove the sign face rather than remove the entire sign structure.
(5) 
Inflatable signs.
(6) 
Off-premises signs, except as allowed for permitted temporary event signs or posters as defined in this chapter.
(7) 
Signs with more than two sign faces.
(8) 
Signs, other than those that serve a public purpose and are duly authorized by the City or state, placed within the public right-of-way.
(9) 
Internally illuminated signs, except as expressly authorized herein.
(b) 
A sign also is prohibited to the extent that it:
(1) 
Interferes with, imitates, or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic.
(2) 
Encroaches on a public right-of-way, path of pedestrian or vehicular travel, parking space, or building entry or exit, or causes an unsafe condition.
(3) 
Prevents the driver of a motorized or nonmotorized vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic.
(4) 
Contains, includes or is illuminated by any flashing, intermittent or moving lights.
(5) 
Has any lighting that is not shielded to prevent light from being directed off-site, or at any portion of the traveled highway or street, or is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motorized or nonmotorized vehicle, or otherwise to interfere with the operation thereof.
(6) 
Advertises or promotes activities which are illegal under state or federal law.
(7) 
Is not clean and in good repair as determined by the Building Inspector.
(8) 
Is affixed to a utility pole, tree, rock or other natural feature.
(9) 
Is not otherwise permitted or allowed under this chapter.
In addition to regulating signs throughout the city, this chapter sets forth district boundaries for the purpose of defining standards for similar sign types that vary by area of the City. The sign districts depicted in Map 2 have varying character and development types. At the time of the adoption of this chapter, the districts are intentionally different from the zoning districts. The size and other characteristics of allowable signs have been designated accordingly in Figure 1 (types of signage allowed), Figure 2 (allowable size and height), and Figure 3 (illumination).[1] The districts can generally be understood as follows:
(a) 
District A (Red) — City Downtown Core: This area is the historic commercial core of the City; predominantly multi-story structures with minimal to no setback from front property lines. Note: Additional standards apply to temporary signs and banners in District A; see § 1409(e)(3). Except for minor modifications to existing signs, all signs in District A are subject to review by the Architectural Review Committee.
(b) 
District B (Green) — Historic Corridor Along Route 7: This area contains many large older and historic buildings; many conversions to office and other commercial, nonretail uses.
(c) 
District C (Orange) — Corridors, Hospital District, and Industrial: areas whose predominant development pattern is a mixture of small-scale retail along with traffic-generating office and commercial buildings; includes industrial areas.
(d) 
District D (Blue) — Major Corridors: areas with large-scale retail and commercial development in high-traffic areas.
(e) 
District E (Yellow) — Residential: Areas that are principally residential, with limited retail and commercial development.
[1]
Editor's Note: These figures are included in § 1408.
(a) 
Signs must be structurally sound and located so that they do not pose a threat to pedestrian or vehicular traffic.
(b) 
Permanent freestanding signs must be self-supporting structures built on and attached to concrete foundations.
(c) 
Signs must be designed to withstand a wind pressure of at least 30 pounds per square foot.
(d) 
Signs must not be designed or located in a manner that would obstruct access to any fire escape, required exit window or door.
(e) 
Signs must not be designed or located in a manner that would obscure architectural features such as cornices, arches, columns, etc.
(f) 
Sign lighting must meet the provisions of § 1411.
(a) 
Figure 1: Sign Types Allowed.
Allowed (Subject to § 1409, Specific Standards)
Prohibited
Sign Type
District A
(Red)
District B
(Green)
District C
(Orange)
District D
(Blue)
District E
(Yellow)
Freestanding (pole) sign
Freestanding (monument) sign
Wall sign
Projecting or hanging sign
Window signs
Temporary signs
Shared right-of-way sign
(b) 
Figure 2: Maximum Sign Area and Height.
Sign Type
District A
(Red)
District B
(Green)
District C
(Orange)
District D
(Blue)
District E
(Yellow)
Freestanding (pole) sign
Height (feet)
Building < 10 feet from front property line = 0
Building > 10 feet from front property line = 10
10
12
15
Compliant businesses = 8*
Home occupation = 5*
Area (square feet)
Building < 10 feet from front property line = 0
Building > 10 feet from front property line = 32
32
50
75
Compliant businesses = 16*
Home occupation= 4*
Freestanding (monument) sign
Height
Building < 10 feet from front property line = 0
Building > 10 feet from front property line = 5
8
8
12
—
Area (square feet)
Building < 10 feet from front property line = 0
Building > 10 feet from front property line = 32
32
50
75
—
Wall sign
Area
1 square foot per linear foot of building frontage
4
1 square foot per linear foot of building frontage
1 square foot per linear foot of building frontage
Compliant businesses 1 square foot per linear foot of building frontage
Home occupation: 4
Window sign
Coverage
50% of window
—
50% of window
50% of window
—
Temporary sign
Area (square feet)
6
6
6
6
6
Height (feet)
4
4
4
4
4
Projecting sign
Area/height and projection
See § 1409(c)
Shared ROW sign
Area/height
See § 1409(f)
Notes:
See also § 1409, Specific Standards.
*
Within District E (Yellow), businesses operating in compliance with the City of Rutland's land development regulations shall be allowed pole signs of a maximum height of eight feet and a maximum area of 16 square feet. Home occupation signs shall not exceed five feet in height and four square feet in area. Gas stations in this district are subject to the regulations outlined in § 1410 of this chapter.
(c) 
Figure 3: Allowed Sign Illumination.
Type
District A
(Red)
District B
(Green)
District C
(Orange)
District D
(Blue)
District E
(Yellow)
External lighting
Yes
Yes
Yes
Tes
No*
Internal lighting
Yes
No
Only along Woodstock Avenue, West Street, Main Street, Strongs Ave nue, and for emergency health services
Yes
No
Electronic message board
No
No
Only along Woodstock Avenue
Yyes
No*
Notes:
See also § 1409, Specific Standards; § 1410, Special Use Signs; and § 1411, Sign Lighting.
*
Within District E (Yellow), businesses operating in compliance with the City of Rutland's land development regulations shall be allowed signs that are externally illuminated. Electronic message boards shall not be allowed except for gas station pricing signs as specified in § 1410. Home occupation signs shall not be illuminated.
(a) 
Freestanding signs.
(1) 
Pole Signs. Pole signs are allowed as specified in Figure 1 and Figure 2[1] and in accordance with the following:
[a] 
Number of Signs. One pole sign is allowed per lot.
[b] 
Limitation. On a lot with a monument sign, no pole sign is allowed.
[c] 
Sign Face. Pole signs shall only have two sign faces, which are parallel to each other, and no more than 12 inches apart.
[d] 
Measurements. The area of the pole sign shall be determined by the extreme limits of the writing, representation, emblems, physical structure or frame (including posts and cornices) of the sign, whichever is largest. The calculated area of a pole sign does not include the posts below the bottom edge of the sign face. Maximum allowable height for pole signs is measured from grade level to the top of the sign or any part of its structure.
[e] 
Setbacks. Pole signs and their associated support structures shall be set back at least three feet from the inner edge of sidewalks. Where sidewalks do not exist, the setback shall be at least seven feet from the traveled way or edge of pavement of the street or highway, as applicable.
[f] 
Design Scheme. Where four or more smaller signs (for example, for individual businesses at a shared address) are part of a larger sign, the background color of the smaller signs must be identical to each other.
[1]
Editor's Note: See § 1408.
(2) 
Monument Signs. Monument signs are allowed as specified in Figure 1 and Figure 2[2] and in accordance with the following:
[a] 
Number of Signs. One monument sign is allowed per lot.
[b] 
Limitation. On a lot with a pole sign, no monument sign is allowed.
[c] 
Sign Face. Monument signs shall only have two sign faces, which are parallel to each other, and no more than 12 inches apart.
[d] 
Measurements.
[1] 
Area. The total area of the monument sign as set forth in Figure 2 shall be determined by the extreme limits of the writing, representation, emblems, physical structure, or frame of the sign, whichever is largest. The calculated area of a monument sign includes its base.
[2] 
Height. Maximum allowable height is measured from grade level to the top of the sign or any part of its structure.
[e] 
Materials. The base of the monument sign shall at least appear to be solid and shall be constructed of a permanent material such as concrete block or brick.
[f] 
Setbacks. Monument signs shall be set back at least five feet from the inner edge of sidewalks. Where sidewalks do not exist, the setback shall be at least 12 feet from the traveled way or edge of pavement of the street or highway, as applicable.
[g] 
Design scheme. Where four or more smaller signs (for example, for individual businesses at a shared address) are part of a larger sign, the background color of the smaller signs must be identical to each other.
[2]
Editor's Note: See § 1408.
(b) 
Wall Signs. Wall signs are allowed as specified in Figure 1 and Figure 2[3] and in accordance with the following:
(1) 
Measurements. The size of wall signs shall be determined by the extreme limits of the writing, representation, emblems, physical structure, or frame of the sign, whichever is largest. A wall sign must not exceed 80% of the length of the tenant space (for multi-use buildings) or building frontage (for single-use buildings).
(2) 
Projection. Where mounted on a wall, wall signs shall protrude no more than 10 inches from the wall. Wall signs shall not extend beyond any corners or edges of buildings. Wall signs that protrude more than three inches from the wall must have a minimum clearance of eight feet from the bottom of the sign to the grade below.
(3) 
Number of Wall Signs. A building or tenant may have multiple wall signs. Wall signs may be mounted on any facade facing a street, public right-of-way, or parking lot. The total area of all wall signs will be counted toward the maximum amount of building-mounted signs specified in Figure 2.
(4) 
Illumination. Wall signs may be illuminated according to the district specifications in Figure 3, except that wall signs may not be or include an electronic message board.
(5) 
Insurance. Wall signs overhanging any City of Rutland right-of-way shall require liability insurance naming the City of Rutland as an additional insured, protecting the City of Rutland's interest, in an amount not less than $1,000,000.
[3]
Editor's Note: See § 1408.
(c) 
Projecting or Hanging Signs. Projecting or hanging signs are allowed in District A as specified in Figure 1 and Figure 2[4] and in accordance with the following:
(1) 
General. There must not be more than one projecting or hanging sign per customer entrance. Projecting signs must not be located closer than 24 feet to each other.
(2) 
Measurements. A projecting or hanging sign shall not extend farther than five feet away from the building on which it is mounted. The maximum area for a projecting sign depends upon the placement of the sign and length of the tenant space (for multi-use buildings) or building frontage (for single-use buildings), as follows: If mounted upon a building face with greater than 60 feet of building frontage on that side (or length of tenant space in multi-use buildings), projecting signs whose lowest edge is within 15 feet of the sidewalk or grade shall have a maximum area of 16 square feet, and projecting signs whose lowest edge is above 15 feet from the sidewalk or grade shall have a maximum area of 40 square feet. If mounted upon a building face with less than 60 feet of building frontage on that side (or length of tenant space in multi-use buildings), projecting signs whose lowest edge is within 15 feet of the sidewalk or grade shall have a maximum area of 12 square feet, and projecting signs whose lowest edge is above 15 feet from the sidewalk or grade shall have a maximum area of 20 square feet. The area of a projecting or hanging sign will be counted towards the maximum amount of wall signs specified in Figure 2.
(3) 
Height Above Grade. The lowest part of a projecting or hanging sign or its support structures shall be at least eight feet above the sidewalk or grade directly beneath the sign.
(4) 
Illumination. A projecting or hanging sign may be externally or internally lit but may not be or include an electronic message board.
(5) 
Insurance. Projecting and hanging signs overhanging any City of Rutland right-of-way shall require liability insurance naming the City of Rutland as an additional insured protecting the City of Rutland's interest, in an amount not less than $1,000,000.
[4]
Editor's Note: See § 1408.
(d) 
Awning Signs.
(1) 
Awnings with or without signs are subject to Revised Ordinances of Rutland ("ROR") Title 25, Chapter 5, § 4453. An awning without lettering or other advertising shall not be regulated as a sign.
(2) 
Awning signs must be centered within or over architectural elements such as windows or doors.
(3) 
No awning sign shall be wider than the building wall or tenant space it identifies.
(4) 
Sign Placement. Letters or numerals shall be located only on the front and side vertical faces of the awning. Logos or emblems are permitted on the top or angled portion of the awning up to a maximum of three square feet. No more than one emblem or logo is permitted on any one awning.
(5) 
Sign Height. The lowest edge of the awning sign shall be at least seven feet above the finished grade.
(6) 
Awnings above the ground floor may be fixed, provided they do not project more than four feet from the face of the building.
(7) 
Multi-Tenant Buildings. If the awning or canopy sign is mounted on a multi-tenant building, all awning signs shall be similar in terms of height, projection, and style across all tenants in the building.
(e) 
Window Signs.
(1) 
Coverage. Window signs may cover up to 50% of the total window area per business establishment on one side of the building.
(2) 
Stenciling Included/Measurements. Permanent stenciling or lettering shall be deemed a window sign and shall be included as part of an establishment's total window coverage. Window signs composed of stenciling or lettering shall be measured by drawing an imaginary polygon around the outside edge of all letters or emblems as if they were a single sign and measuring the area of that polygon.
(3) 
Lighting. Allowed open signs may be internally illuminated with neon or LED letters, but lights must be static; lights that flash, scroll, or move (or create the effect of movement) or that change in color, hue, or brightness are prohibited.
(4) 
Incidental Signs Excluded. Incidental window signs displaying pertinent business information, such as the business's hours of operation and "credit cards accepted" (etc.) shall not be deemed a window sign and shall be excluded from the area calculations for window signs provided that the total area of such incidental window signs does not exceed 5% of the total window area. Product advertisements are not incidental signs and count toward maximum allowance for window signs.
(f) 
Temporary Signs and Decorative Banners.
(1) 
Portable Signs. One freestanding, two-sided, portable sign made of weather-resistant material, measuring up to six square feet in area with a maximum of four feet in height, may be displayed on the premises of a business during normal business hours. If a portable sign is placed within the City's right-of-way, then:
[a] 
It shall not interfere with ADA access regulations;
[b] 
It shall not limit visibility or otherwise pose a potential traffic or pedestrian hazard;
[c] 
It shall not be adverse to the character of the area in which it is displayed/erected;
[d] 
It shall otherwise comply with this chapter and any adopted design guidelines; and
[e] 
Liability insurance must be procured naming the City of Rutland as an additional insured, protecting the City of Rutland's interest, in an amount not less than $1,000,000.
(2) 
Interim Signs. One interim sign of no larger than the dimensions allowed by these regulations for permanent signs may be permitted by the Building Inspector, and may be displayed for up to 60 days, under the following circumstances:
[a] 
A permit has been issued, if required, for the land use or business establishment requesting the sign;
[b] 
A complete sign application has been submitted for a permanent sign for that business;
[c] 
The Building Inspector finds that the temporary sign conforms to this chapter and any adopted design guidelines; and
[d] 
The interim sign must be removed no later than 45 days after the issuance of a permit for a permanent sign.
(3) 
Decorative and Event Banners in District A. Decorative banners placed on street light poles or utility poles shall only be placed in conjunction with adopted streetscape plans of the Downtown Business District. A temporary banner extending over the City's public right-of-way in District A may be approved by the Building Inspector, provided that the banner:
[a] 
Shall be no larger than four feet high and not longer than is appropriate to fit the width of the street;
[b] 
Shall be made either of mesh material or have sufficient wind cuts;
[c] 
Shall be attached to anchor devices adequate to properly support it;
[d] 
Shall require liability insurance naming the City of Rutland as an additional insured, protecting the City of Rutland's interest, in an amount not less than $1,000,000;
[e] 
Shall only be allowed at existing anchoring points on Center Street, Merchants Row and Washington Street;
[f] 
Shall remain in place for no longer than two weeks;
[g] 
Shall only be erected after the applicant has remitted a fee in an amount to be established by the Board of Aldermen;
[h] 
Shall not advertise a for-profit business;
[i] 
Shall contain no pornographic, obscene, or offensive material or messages; and
[j] 
Shall not be placed for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public or political question in any election.
(a) 
Gas/Fueling Station Canopies and Canopy Signs.
(1) 
Number/Size. Gas or fueling stations shall follow the size and height restrictions for their district, with the exception that gas stations in District E (Yellow) shall be allowed one freestanding sign with a maximum height of 10 feet and a maximum area of 32 square feet.
(2) 
No Roof Signs. Roof signs are prohibited.
(3) 
Illumination. No internal illumination of canopy signs is permitted.
(4) 
Pricing Sign. Gas station pricing signs shall follow the electronic message board restrictions for their district, with the exception that gas stations in District C (Orange) may have a pricing sign or signs up to 10 square feet total per sign face and in District E (Yellow) up to four square feet. The pricing sign shall only display gas prices and shall be a single, static color. The area of the pricing sign in all districts shall count toward the total allowed area for its freestanding sign.
(b) 
Shared Right-of-Way (ROW) Signs.
(1) 
Applicability. A shared right-of-way sign may be used for a single development site, for example, a business park, that consists of multiple uses, buildings or lots sharing a common entrance from the street, at least some of which are not visible from the street. This section does not apply to residential development entrances, which are described in Subsection (c) of this section.
(2) 
Type/Size. The shared right-of-way sign may be a freestanding sign or a wall sign and shall be subject to all other provisions of this chapter, including size provisions (see Figure 2).[1]
[1]
Editor's Note: See § 1408.
(3) 
Content (Advisory). Applicants are encouraged to use the sign to identify the common scheme premises rather than to list all uses located therein.
(4) 
Design Scheme. If multiple uses, for example, individual businesses, are listed or advertised on the shared right-of-way sign, the background color of all individual listings must be identical to each other.
(5) 
Not Exclusive of Other Signs. A shared right-of-way sign for a common development under this section shall be addition to — and shall not limit the right of landowners/business owners to apply for — signs allowed under this chapter for the individual properties/businesses located within the development.
(c) 
Residential Development Entrances. Residential subdivisions or housing projects are permitted one freestanding monument sign per access point to the subdivision, not exceeding 12 square feet each. Freestanding pole signs are prohibited.
(d) 
Shopping Plazas. Shopping plazas shall have no more than one freestanding (pole or monument) sign for the complex, subject to the area limitations set forth in Figure 2.[2] In addition, each tenant shall be allowed one wall or projecting sign over the door of its business. All signs must be consistent with the site's approved signage master plan. The master plan must include proposed sign locations, sign types, and schematic design concepts for each sign type.
[2]
Editor's Note: See § 1408.
(e) 
Home Occupations. For home occupations which have an approved zoning permit, one sign is allowed per dwelling unit. These signs shall not exceed four square feet in any district. If freestanding, these signs shall be a maximum of five feet tall. These signs shall not be illuminated.
(f) 
Restaurants.
(1) 
Restaurant Displays. In addition to the allotted freestanding, wall, projecting, or window signs on premises, a restaurant may install a display not more than two square feet in area at or near the main entrance.
(2) 
Drive-through Restaurants. In addition to the allotted freestanding, wall, projecting and window signs, a drive-through restaurant may install additional signage with a total sign area of 32 square feet along the approved drive-through lane.
(a) 
Districts. Internal and external illumination is restricted to the districts identified in Figure 3.[1]
[1]
Editor's Note: See § 1408.
(b) 
Internal Illumination. Signs may be internally illuminated where allowed in Figure 3.
(c) 
External Illumination. External lighting shall be a steady, stationary light source, static in color, directed so that the light shines only on the subject sign. External illumination shall designed and installed to prevent off-site glare onto adjoining properties, roads and highways, and the sky. All lighting shall be shielded or hooded. All ground-mounted fixtures shall be screened by landscaping, fencing, or other appropriate means. All fixtures mounted on the sign itself shall blend in with its background color or its surroundings. For purposes of this chapter, backlit signs are considered externally illuminated signs (see definitions).[2]
[2]
Editor's Note: Definitions are in § 1416.
(d) 
Residential Districts. Signs within residential districts (District E) may be illuminated from 7:00 a.m., or 30 minutes before the opening of business of the facility being identified (whichever is sooner), until 10:00 p.m., or 30 minutes past the close of business of the facility being identified (whichever is later). These signs shall provide an automatic timer to comply with the intent of this requirement. At any time, no more than 0.2 footcandle of light from the source of illumination shall be detectable at the boundary of any abutting residential property.
(e) 
Building Inspector Discretion. The Building Inspector shall have the authority to require the adjustment or relocation of any sign lighting in order to prevent glare, nuisance lighting, and otherwise to ensure vehicular and pedestrian safety in accordance with this chapter.
(f) 
Electronic Message Boards (EMBs). Electronic message boards are prohibited except where expressly allowed (see Figure 3),[3] subject to the following provisions:
(1) 
Each EMB must have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.
(2) 
The brightness of each EMB must also be manually adjustable to prevent glare as determined by the Building Inspector.
(3) 
No EMB may contain text or other content which flashes, pulsates, moves, or scrolls. Each complete message must fit on one screen.
(4) 
Each message must be displayed for a minimum of eight seconds.
(5) 
A sign may contain two or more EMBs. The total area of EMBs on each sign face shall not exceed 12 square feet or 25% of the area of the sign.
(6) 
Further guidance for electronic message boards is provided in § 1417.
[3]
Editor's Note: See § 1408.
(a) 
Definitions. For the purposes of this section, the following definitions apply:
NONCONFORMING SIGN
A nonconforming sign is a sign that was legally in existence at the time of the adoption of this chapter but which does not conform to one or more standards of this chapter. Except for nonconforming temporary signs addressed in Subsection (e) below, nonconforming signs shall be allowed to persist unless and until they are significantly altered or are otherwise required to be brought into conformance with this chapter as provided herein.
PRIMARY CONTENT OF SIGN
The primary content of the sign includes the text or graphics that must be included on the sign for the average person to be able to identify the business being advertised. It would typically include business names or logos but would not typically include secondary elements such as owner names, addresses, phone numbers, advertising for products available on the premises, or affiliations. The Building Inspector shall have the authority to determine which aspects of a sign constitute its primary content.
SIGNIFICANT ALTERATION
A sign is significantly altered if the extent of any nonconformity is increased, or if a significant change is made to:
(1) 
The size (area) or dimension of the sign;
(2) 
The location of the sign;
(3) 
The primary content of the sign (but only if the significant change occurs after January 1, 2023);
(4) 
The mechanical facilities of the sign, including lighting infrastructure (maintenance of or upgrades to mechanical facilities, including lighting infrastructure, that do not increase the extent of sign nonconformity shall not be considered a significant change);
(5) 
The construction material of the sign, sign face or any part of the supporting structure; or
(6) 
Fifty percent or more of the area and/or structure of the sign, including by reason of damage or destruction.
(b) 
Conformance.
(1) 
Upon any significant alteration, a nonconforming sign shall be brought into conformance with this chapter.
(2) 
A nonconforming sign that meets the definition of an "abandoned sign" at any point after January 1, 2023, shall be brought into conformance with this chapter or removed.
(c) 
Routine Repair and Maintenance. A nonconforming sign may be subject to routine repair and maintenance, provided that such work does not involve a significant alteration.
(d) 
Exceptions. Notwithstanding Subsection (b), a sign that has been significantly altered may be returned to its condition immediately prior to said alteration in the following circumstances:
(1) 
Minor Damage or Destruction. If less than 50% of a sign is damaged or destroyed by no fault of the owner, it may be repaired within 90 days and returned to its condition immediately prior to the damage, which time frame may be extended by not more than 90 additional days if the Building Inspector deems such extension to be reasonable and appropriate under the circumstances. If the sign is not repaired within the applicable time frame, the damage will constitute a significant alteration under Subsection (b) and shall be brought into conformance with this chapter.
(2) 
Public Right-of-Way. A nonconforming sign required to be significantly altered due to public right-of-way improvements may be restored to its condition immediately prior to the alteration.
(3) 
Historic Signs. A nonconforming sign that has been significantly altered may be returned to its condition immediately prior to the alteration (or to its historic, original condition) if the Building Inspector determines that the sign possesses unique, documented historic value. For purposes of making this determination, the Building Inspector may seek guidance from the City's Architectural Review Committee and/or the State's Division of Historic Preservation.
(e) 
Nonconforming Temporary Signs. Any nonconforming temporary sign must be removed or brought into conformance within 90 days of the effective date of this chapter.
(a) 
Sign Permit Applications and Fees.
(1) 
Building Inspector. The Building Inspector for the City of Rutland has the duty and authority to administer and enforce this chapter.
(2) 
Applications. In accordance with 24 V.S.A. § 3107(a), before the construction or alteration of a sign, the owner, builder, or architect shall submit to the Building Inspector an application on a form available at City Hall — Building and Zoning Department. The application shall include at a minimum a written statement describing the material to be used and the mode of construction for the proposed sign or alteration, with a plan or sketch with specifications, if there are any. The statement shall be sufficient in detail to allow the Building Inspector to determine the sign's compliance with this chapter. The application shall include exhibits and attachments as outlined in permit materials or as requested by the Building Inspector. The Building Inspector may require an applicant to provide additional information as necessary to determine compliance with this chapter. The application shall also include payment of a permit fee in an amount set by the Board of Aldermen. Until the application is submitted and the application fee is paid, the Building Inspector will not deem the application complete.
(3) 
Commencement of Construction. Construction on the sign or alteration shall not begin until the owner has received from the Building Inspector a certificate of permission specifying the materials of which the sign is to be composed and the location where it will be placed. A copy of the certificate shall be filed in the City Hall — Building and Zoning Department under the date of its issue. Such certificate shall not be granted until the Building Inspector is satisfied that the sign, when completed, will be properly constructed, will not create a public hazard, and otherwise will comply with the provisions of this chapter or any other regulations or ordinances then in effect.
(b) 
Administrative Review.
(1) 
Sign Permit. The Building Inspector shall issue a sign permit for signs that are in conformance with these regulations, including applicable standards for the relevant district.
(2) 
Completeness/Notice. Once the Building Inspector determines that an application is complete, he/she shall act within 30 days to approve it, to approve it with conditions, to deny it, or, in the case of an application for a sign within District A, to refer it to the Architectural Review Board. The Building Inspector shall provide the applicant written notice of the Administrator's decision to approve (with or without conditions), deny, or refer the sign permit via U.S. Mail within 30 days of receiving a complete application.
(3) 
ARC Review of Signs in District A. The Building Inspector shall refer any application for a new or modification of an existing sign (including, without limitation, all temporary banners) in District A to the Architectural Review Board (ARC) unless the application involves a minor modification to an existing sign. For purposes of this subsection, "minor modification" means a change of the wording or logo on the sign but otherwise retaining the sign's size, materials, and colors. Where an application is referred to the ARC, the Building Inspector shall include with the referral a recommendation as to whether the sign or sign modification complies with the architectural guidelines set forth in the City's Zoning Ordinance and with the provisions of this chapter. The ARC shall make a recommendation to the Building Inspector within 30 days of the referral, and the Building Inspector shall issue a decision to approve or deny the application within 10 days thereafter.
(c) 
Waivers.
(1) 
Sign waivers may be approved by the Building Inspector subject to the following limitations:
[a] 
The grant of the waiver must not result in an adverse effect on the character of the surrounding neighborhood.
[b] 
Sign Type. A waiver may be granted to allow a type of sign not otherwise allowed in the district for which the waiver is proposed if the physical characteristics of the lot and/or existing building and its surroundings prevent the usefulness of the district's allowed sign types.
[c] 
Sign Location and Number. A waiver may be granted to allow for a different sign location or more signs than otherwise allowed if the physical characteristics of the lot and/or existing building and its surroundings create a hardship under these regulations (for example, if the lot has no public road frontage, or if an unusually shaped lot requires more than one sign).
(2) 
Application and Review.
[a] 
Application for a waiver shall be made on a form specified by the City.
[b] 
All waiver applications will be reviewed by the Building Inspector.
[c] 
In granting a decision in favor of the applicant, the Building Inspector may attach conditions reasonably related and proportional to the potential impact of the approved activity, including, but not limited to, mitigation through design modifications.
[d] 
Any waiver granted under this section shall apply only to the application under which it has been granted. A waiver on one parcel or for one application shall not be construed as a general guideline or standard for other applications or parcels.
[e] 
Waiver approvals shall expire by limitation if the authorized work is not completed within 12 months after the date of approval.
(d) 
Inspections. All signs regulated by this chapter are subject to inspection by the Building Inspector.
(e) 
Severability Clause. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application; and to this end, the provisions of this chapter are declared to be severable.
Unsafe signs, unlawful signs, and signs otherwise not in conformance with this chapter constitute violations and are subject to enforcement in accordance with § 1415 hereof and V.S.A. Title 24, Chapter 83 ("Building Inspectors and Regulation of Buildings").
(a) 
A violation of this chapter shall be a civil matter enforced in accordance with the provisions of 24 V.S.A. §§ 1974a and 1977 et seq.
(b) 
When a sign is in violation of this chapter, the Building Inspector shall provide written notice to the owner, person, or firm responsible for maintaining the sign. This notice will identify the actions that need to be taken to remedy the violation and a deadline by which those actions must be taken.
(c) 
Failure to take the required actions within the time frame presented shall result in a civil penalty in an amount for the first offense not to exceed $50. A second offense of this chapter will result in a minimum civil penalty of $150, and a third offense will result in a minimum civil penalty of $500. Each and every day of noncompliance will be another day of violation and can result in an additional civil penalty.
(d) 
Failure to take the required actions within 45 calendar days of the compliance date of the notice may result in the City of Rutland removing the sign or causing it to be removed at the expense of the owner and/or lessee.
(e) 
Where the owner of the property fails to take the actions required related to any of the above, the City of Rutland may file a lien upon the property for the purpose of recovering all reasonable costs associated with enforcing the violation and/or removing the sign if allowed by the provisions of 24 V.S.A. §§ 3115 and 4303(27).
The words used in this chapter have their normal dictionary meaning unless they are specifically defined in this section or elsewhere within this chapter. The words defined in this chapter have the specific meaning stated unless the context clearly indicates that they have another meaning. The definitions identified as being from state statute are intended to be consistent with that statute. Any ambiguity shall be resolved by the Building Inspector using his/her best judgement in consultation with commonly accepted industry publications with the ultimate goal of furthering and implementing the intent and applicability of this chapter.
ABANDONED SIGN
(a) 
A commercial sign whose message describes the availability of goods or services at a location where such goods or services are no longer available and have ceased to be available for at least 180 calendar days;
(b) 
A noncommercial sign whose message pertains to a time, event or purpose that has elapsed or expired in the preceding 30 days;
(c) 
Any sign remaining after demolition of a structure for which there is no approved building permit for reconstruction; or
(d) 
A sign that has not been maintained.
AWNING
A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use. The lowest edge of all awnings shall be at least eight feet above the finished grade.
AWNING SIGN
Any sign painted on, or applied to, an awning.
BACKLIT SIGN (also called "HALO SIGN")
A sign that has a source of copy illumination designed to project lighting against the surface behind the copy. Because the visual impact of a backlit sign is such that the sign face is illuminated by light falling upon it, and not emitting directly from it or through it, for purposes of this chapter backlit signs are considered externally illuminated.
BUILDING FRONTAGE
The maximum linear width of a building measured in a single straight line parallel, or essentially parallel, with the abutting public street or parking lot. A corner building has two building frontages.
BUSINESS PARK
A development (under coordinated management or single ownership) that contains two or more buildings which house businesses, offices, and other commercial/industrial uses. Most buildings are not visible from any main arterial but rather are located off of a shared right-of-way (public or private) designed primarily to serve that development.
ELECTRONIC MESSAGE BOARD SIGN
A sign whose alphabetic, pictographic or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments or projected images.
EXTERNAL ILLUMINATION
Lit by a source apart from and aimed at the face of a sign.
FREESTANDING SIGN
A sign supported by structures or supports that are placed on, or anchored in, the ground and that is independent and detached from any building or other structure. Monument signs and pole signs are freestanding signs.
GAS STATION CANOPY
A freestanding, open-air structure constructed for the purpose of shielding service station islands from the elements.
GAS STATION CANOPY SIGN
Any sign that is part of, or attached to, the vertical sides of the gas station canopy roof structure. For the purposes of this chapter, gas station canopy signs shall be considered wall signs.
HOME OCCUPATION
See City of Rutland Development Bylaws for definition and further details.[1]
INFLATABLE SIGN
A gas- or air-filled object, of any shape or size, made of flexible fabric that is tethered to a fixed location, and which contains an advertisement message on its surface or attached to the object in any manner or which is meant to call attention to the property.
INTERNAL ILLUMINATION
Lit from within or behind the face of a sign.
LOT
A contiguous parcel of land in identical ownership throughout, bounded by other lots or streets, and used as the site of one or more buildings or other definite purpose.
MONUMENT SIGN
A freestanding sign permanently affixed to the ground at its base, supported entirely by the structure, and not mounted on a pole (or poles) or attached to any part of a building.
OFF-PREMISES SIGN
A sign which directs attention to an establishment, service, product, or activity not conducted on the same lot. These signs are prohibited.
OPEN FLAG
A flag or banner no more than six square feet in area indicating that a commercial business is open, provided that the flag is displayed only during hours of business operation on or immediately in front of the building in which the business is located or attached to an approved sign. All open flags must be made of weather-resistant material.
OPEN SIGN
A sign no more than two square feet in area indicating that a commercial business is open, provided that the sign(s) is/are displayed only during hours of business operation on the building in which the business is located either in a window or attached to an approved sign. All open signs must be made of rigid material; and if exposed to the weather, the sign must be made of weather-resistant material. Allowed open signs may be internally illuminated with neon or LED letters, but lights must be static; lights that flash, scroll, or move (or create the effect of movement) or that change in color, hue, or brightness are prohibited.
POLE SIGN
A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
POSTER
A temporary off-premises sign, exhibited for no more than four days, and not exceeding two square feet in area, printed, lettered, or drawn on nonpermanent cardboard or paper, advertising a specific event or occurrence at a particular time and place. The general intent is to allow individuals reasonable opportunity to advertise events such as yard sales or charitable events, or to place directional signs for special events; not to allow commercial entities to post additional signs not otherwise permitted in this chapter.
PROJECTING SIGN
A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning or marquee.
ROOF SIGN
A sign located on or above the roof of a building.
RUTLAND DOWNTOWN BUSINESS DISTRICT
The area designated by the City for special consideration and treatment due to its important role in the historic character and identity of the City (see Map 2). The Rutland Downtown Business District is defined as "District A" for purposes of this chapter.
SHARED RIGHT-OF-WAY SIGN
One pole or monument sign shared by all land uses which share a single access road or right-of-way off of a major public road.
SHOPPING PLAZA
An open-air commercial development (typically under common management) where the business fronts are arranged in a row, visible from the public right-of-way, and have separate entrances to each business (usually off of a common parking lot).
SIGN
Any structure or material that is used to advertise, announce, identify, direct attention to, or communicate a message, and which is visible from any adjacent property, public right-of-way, or public parking lot. The word "sign" includes, but is not limited to, any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or any other figure. The word "sign" includes, but is not limited to, banners, building signs, canopy signs, awning signs, freestanding (pole and monument) signs, and window signs. A mural, sculpture, or seasonal decoration that does not promote or advertise a commercial event, service for hire, or product for sale is not a "sign" for purposes of this chapter.
SIGN AREA
The space enclosed within the extreme edges of the sign, not including the posts (of a pole sign) below the bottom edge of the sign face. The area of a sign shall be determined by the extreme limits of the writing, representation, emblems, physical structure, or frame (including posts, cornices, and monument sign base) of the sign, whichever is largest. The area of a two-sided sign will be considered the area of one side of the sign; if the two sides have different measurements, the area of the largest side will be considered the area of the sign.
SIGN DISTRICTS
The five sign districts of Rutland City defined as Districts A, B, C, D, and E, as depicted on Map 2, which is incorporated as part of this chapter.
SIGN FACE
The entire display surface of a sign upon, against or through which copy is placed. Signs with more than two sign faces are prohibited.
SIGN HEIGHT
The vertical distance of the average elevation of the ground immediately adjoining the sign to the level of the highest point of the sign or its structure.
TEMPORARY SIGN
A sign that is not permanently affixed and that is intended to be displayed for a limited time period, as further defined and regulated herein.
UNLAWFUL SIGN
A sign is unlawful if it:
(a) 
Does not conform with this chapter;
(b) 
Was erected without a required permit; or
(c) 
Was erected in a manner that does not match the approval contained within an approved sign permit.
UNSAFE SIGN
A sign is unsafe if it:
(a) 
Is in danger of falling;
(b) 
Constitutes a hazard and/or becomes so deteriorated that it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare; or
(c) 
Creates an obstruction of sight for pedestrians or vehicles of any type, including bicycles and other nonmotorized vehicles.
WALL SIGN
A sign affixed directly to, painted on, or otherwise inscribed on an exterior wall or other part of a building's facade (not including the roof).
WINDOW SIGN
Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs hereunder.
[1]
Editor's Note: See Title 31, Zoning and Planning.
(a) 
In order to increase the legibility and visual appeal of Rutland's signs, the following guidelines are offered:
(1) 
Light-colored text and logos on dark backgrounds increase legibility and reduce glare.
(2) 
Text on a plain background, as opposed to on top of a graphic image, increases legibility.
(3) 
Maximizing the size of text font within the given sign area increases legibility.
(4) 
For electronic message boards, single-color displays are more legible and less glaring and are therefore encouraged. The more colors in an EMB, the less legible the content. High-contrast color combinations, such as black with yellow, dark blue with white, and red with black, are preferred. Jarring or bright color combinations, such as orange with red, yellow with green, red with yellow, white with pink, or light blue with green, are difficult to read and are therefore discouraged.
(5) 
In general, for illuminated signs, a sign luminance of 135 candelas per square meter (cd/m2) is adequate, legible, and pleasing to the eye.