Sign regulations
(a) Definitions.
Abandoned means the business structure associated with the sign has been closed, demolished, or not maintained, for a period exceeding one year.
Animated sign means any sign that uses movement or the visual impression of movement, sound, or change of lighting to depict action or create a special effect and/or scene. Such signs include, but are not limited to, those that give the impression of flashing, running, blinking, oscillating, twinkling, scintillating, expanding, or contracting. Animated signs are prohibited.
Announcement board means a board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs shall not exceed five square feet in area.
Billboard means any off-premises sign exceeding 15 square feet in area. Billboards are prohibited.
Building marker means any sign indicating the name of a building and/or date and/or incidental information about its history or construction. Such markers shall not exceed four square feet in area.
Construction sign means any sign which purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project. Such signs shall be either freestanding or attached to the structure and shall not exceed 16 square feet in area. Such signs are meant to enhance public health and safety during construction and so shall be removed upon completion of construction. Such signs shall not be erected until building permits for the relevant project are pulled. This definition does not include signs located on the premises of the general offices of a contractor.
Directional sign means any sign which purpose is to direct vehicles and/or pedestrians onto, around, and off of a premises. Such signs shall be limited to four square feet in area including any attached corporate logos or other symbols. Such signs shall be limited to three feet in height from the top of the sign to grade. A name or logo on these signs shall not comprise greater than 20 percent of the total sign area.
Directory sign means a sign which provides dedicated space for listings of two or more professional, service, business, and/or commercial activities and is designated and constructed with provision to allow changes of occupancy to be reflected on the sign. One such sign shall be permitted per building, either as a wall directory sign or as a freestanding directory sign. Freestanding directory signs are permitted in lieu of individual freestanding signs and shall not exceed 15 feet in height or 60 square feet in sign area.
Externally illuminated sign means any sign which light source is located outside of the sign and is of a continuous white light in nature. This includes, but is not limited to, spotlights and stationary floods. All externally lit signs shall be illuminated with steady, fully shielded light sources aimed directly onto the sign.
Light from external sources may not project beyond the edge of the sign face in any direction, whether onto another property or into the night sky. The intensity of sign lighting shall not exceed that necessary to illuminate a sign from the closest adjacent public right-of-way.
Freestanding sign means any sign supported by a structural device or devices that is placed on, or anchored into, the ground and that is independent from any building. One freestanding sign shall be permitted per lot with a maximum visible sign area of 40 square feet. Where more than one business is located on a lot, up to three freestanding signs shall be permitted, provided that the total square footage of visible sign area does not exceed 40 square feet. A minimum sign clearance of eight feet is required between the grade and the base of the lowest part of the sign to ensure adequate sight clearance for pedestrians and vehicles. Maximum sign height shall be 15 feet and all such signs shall be set back a minimum of ten feet from all lot lines. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements of this chapter.
Gas and service station sign means signs necessary to the operation of filling and service stations limited to the following:
(1) Lettering on buildings displayed over individual entrance doors shall not consist of more than one such sign centered over each entrance, and the sign area shall not exceed 12 inches in height.
(2) Lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price, and other signs as required by law.
(3) A credit card sign not exceeding one square foot in area, affixed to the building or window.
(4) Other signs as permitted by this section.
Government signs mean signs erected by or on behalf of the United States of America, the State of Rhode Island, and the Town of Foster, traffic controls, legal notices, or other signs required by law including all signs erected under the authority of the Town of Foster. The town shall have the ability to erect such signs without sign approval.
Internally illuminated sign means any sign, exclusive of neon signs, whose light source is located behind and/or within the sign itself or behind and/or within any individual element(s) of a sign. Internally illuminated signs shall use semi opaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign copy. Non-copy portions of the sign (e.g., background and graphics) shall be made of completely opaque material.
Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading zone," "open," "telephone," and other similar directives. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.
Incidental sign, residential means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no trespassing," "beware of dogs," and the like. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.
Institution/organization sign means a wall sign or freestanding sign whose sign display is not to exceed 12 square feet and is used on premises for church, hospital, library, museum, art gallery, historic preservation, or similar organization.
Legal nonconforming sign means:
(1) A sign which was erected legally prior to the enactment of this article;
(2) A sign which does not conform to the sign regulation requirements, for which zoning relief has been granted through the zoning board of review.
Lot frontage means roadway frontage on a local access road.
Monument sign means any sign whose base is in contact with or within one foot of the ground. Where permitted, only one monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum sign area of 50 square feet and shall be set back a minimum of ten feet from all property lines. Maximum sign height shall be eight feet. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements found in this chapter.
Moving sign means any sign moved by mechanical or natural means, such as wind. Moving signs are prohibited.
Nameplate means material on which a name and/or professional designation is inscribed or painted. Professional nameplates shall indicate a name and/or professional designation and/or affiliation and shall not exceed one square foot per professional occupant. Residential nameplates shall display the name and address of resident and shall not exceed one square foot in area. All such nameplates shall be affixed either to a door, an adjacent wall of the premises, or a lamp post/mail box.
Neon sign means an electronic sign illuminated by inert gas confined to a glass tube. Such signs may be classified as "window" signs or as "projecting" signs and must meet all definitions and requirements of those sign types as addressed in this section.
Nonconforming sign means any sign that does not conform to the requirements of this chapter.
Off-premises sign means a sign not related or associated with the use of the property on which the sign is located. These signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property.
(1) Off-premises sign, commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the commercial use of the property on which the sign is located.
(2) Off-premises sign, non-commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the non-commercial use of the property on which the sign is located. These signs that also meet the definition of a temporary sign shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. These signs that do not meet the definition of a temporary sign are not allowed.
Principal building means the building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
Projecting sign means any sign affixed to a building or wall in such a manner that it extends more than ten inches beyond the surface of such building or wall. Such signs shall be permitted in lieu of freestanding signs or monument signs. Only one projecting sign shall be permitted per business and shall be perpendicular to the wall to which it is attached, its nearest edge being no less than three inches and its furthest edge projecting no greater than 48 inches from the wall. The projecting sign shall have a maximum sign area of ten square feet and its lowest edge shall be a minimum of eight feet from the ground.
Real estate sign means any sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. Residential real estate signs shall be permitted for individual residential properties and for residential subdivisions, and shall not exceed 20 square feet in area. Only one residential real estate sign per lot and/or subdivision shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 60 square feet in area. All residential, commercial, and industrial real estate signs shall be removed within two weeks of the sale or lease of the associated property, unit, or entire subdivision. Signs must be non-illuminated, constructed of durable materials, and placed only on the property for sale, rent, or lease.
Sign means any device, fixture, display, placard, or structure that uses any color, form, graphic, illumination, symbol, and/or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. A wall sign shall consist of both a sign face and a bracket. A freestanding sign shall consist of the sign face(s), bracket(s), post(s) and frame. A monument sign shall consist of the sign face(s) and support base.
Subdivision identification sign means one freestanding permanent sign may be installed at all exclusive entrances to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on town-owned or controlled land.
Temporary sign means any sign not permanently installed or any sign only intended for use for a limited period of time. Such signs shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. Temporary signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property. Such signs shall not remain in place for more than 120 days.
Town refers to all governmental entities of the Town of Foster.
Wall sign means any sign attached parallel to, but within ten inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only one sign surface and is supported by such wall or building. One such sign shall be permitted per business per building face with a maximum of three per business. The maximum width of the sign display shall not exceed 70 percent of the linear frontage associated with the business unit. This provision shall only apply to those businesses located within the main structure(s) and shall not apply to any other freestanding structures (i.e. pad sites, kiosks, outbuildings, etc.). All wall signs must be directly associated with the business, entity, or enterprise located within the building or structure to which they are attached, painted, or erected as described above. Any wall signs that are not directly associated with said business, entity, or enterprise are strictly prohibited.
Window sign means any sign that is placed inside a window or upon the window panes or glass (exclusive of merchandise display). Permanent window signs may be applied to, painted on, or attached to the inside of each window associated with a business. The area of such window signs shall be counted toward the maximum visible sign area. All window signs shall not exceed 25 percent of the total window area. Such signs must not be illuminated when the business is closed. Electronic or LED monitors (such as TV screens) shall not be used as window signs.
(b) Computations. The following principles shall control the computation of sign area and sign height:
(1) Sign display. The sign display is a portion of the permitted sign area. The area of a sign display shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display.
(2) Sign area, single-faced signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed as the area of sign display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.
(3) Sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign pole at normal grade to the top of the sign area. The height of a monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the sign area. Normal grade shall be construed to be the lower of:
a. Existing grade prior to the construction; or
b. The newly established grade after construction.
(c) General regulations.
(1) Changes to nonconforming signs. Enlargement or relocation of legal nonconforming signs requires additional approval from the zoning board of review.
(2) Rhode Island Building Code. Within all zones and districts, all signs shall comply with applicable provision(s) of the Rhode Island State Building Code and the National Electric Code.
(3) Sign maintenance. Within all zones and districts, all signs shall be maintained in good structural condition in conformance with this article (unless otherwise allowed through the zoning board of review) at all times.
(4) Landscaping requirements. For the purposes of this article, "landscaping" shall include any combination of living plants such, as grass, ground cover, shrubs, vines, or hedges and nonliving landscape materials such as rocks, pebbles, sand mulch, or decorative paving material. In the case of freestanding or monument signs, the requirement shall be that the area immediately underneath the sign and the entirety of an area extending two feet radially from the sign base or supports shall be landscaped. Landscape materials may not obstruct the view of the sign message.
(5) Illumination. Externally lit signs are allowed in all zones, provided they are oriented such that the light is directed away from any adjacent properties and traffic arteries and is of a continuous white nature. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area. A sign shall only be illuminated during the hours of operation of the use, business or activity being identified or advertised up to one hour after closing.
(6) Alterations. Any legally existing sign (including legal nonconforming sign) may be altered either to update the sign content or to reflect new information, provided that the alteration does not result in any change in the sign's extent, location, or illumination.
(d) Sign table.
Y = Permitted GB = General Business N = Prohibited M - Municipal AR = Agricultural/Residential HC2 = Highway Commercial (2)
| AR | GB | M | HC2 | |
| Animated | N | N | N | N |
| Announcement board | Y | Y | Y | Y |
| Billboard | N | N | N | N |
| Building marker | Y | Y | Y | Y |
| Construction sign | Y | Y | Y | Y |
| Directional sign | Y | Y | Y | Y |
| Directory sign | N | Y | Y | Y |
| Externally illuminated sign | Y | Y | N | Y |
| Freestanding sign | N | Y | Y | Y |
| Gas station and service sign | N | Y | N | Y |
| Government sign | Y | Y | Y | Y |
| Internally illuminated sign | N | Y | N | Y |
| Incidental sign | Y | Y | Y | Y |
| Incidental sign, residential | Y | Y | N | Y |
| Institution/organization sign | Y | Y | Y | Y |
| Monument sign | N | Y | Y | Y |
| Moving sign | N | N | N | N |
| Nameplate | Y | Y | Y | Y |
| Neon sign | N | Y | N | Y |
| Off-premises sign—Commercial use | N | N | N | N |
| Off-premises sign—Non-commercial use, temporary | Y | Y | Y | Y |
| Off-premises sign—Non-commercial use, permanent | N | N | N | N |
| Projecting sign | N | Y | N | Y |
| Real estate sign | Y | Y | N | Y |
| Subdivision identification sign | Y | Y | Y | Y |
| Temporary sign | Y | Y | Y | Y |
| Wall sign | N | Y | Y | Y |
| Window sign | N | Y | Y | Y |
(e) Regulations by zone.
(1) Agricultural/residential (AR).
a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).
b. Height. No sign shall be greater than five feet in height.
c. Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.
d. Total sign area. No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).
(2) General business (GB).
a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.
b. Height. No sign shall be greater than 20 feet in height.
c. Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.
d. Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).
(3) Municipal.
a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).
b. Height. No sign shall be greater than five feet in height.
c. Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.
d. [Total sign area.] No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).
(4) Highway commercial (2) (HC2).
a. Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.
b. Height. No sign shall be greater than 20 feet in height.
c. Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.
d. Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).
(f) Prohibitions. For the purposes of regulating unauthorized signage, protecting the health, safety, and welfare of residents, promoting the safety of the traveling public, protecting existing property values, preventing the overcrowding of land, encouraging positive economic development, and promoting a positive community appearance as part of a concerted effort to protect and enhance the aesthetics of the town for the enjoyment of all citizens, certain sign types are not allowed. It is recognized here that, unlike on-premises signs which are actually associated with the use of the property where the sign is located, "off-premises signage" is separate and distinct and thereby unrelated to the use of the property where the sign is located. With a view to this distinction, and in furtherance of the above stated goals, off-premises signs are regulated differently from on-premises signs.
In addition to the signs described as prohibited under the sign table, the following signs and sign materials are also expressly prohibited:
(1) Signs which are attached to natural features, stone walls, utility poles, utility boxes, traffic signs, fences, or highway structures. This does not include residential incidental signs.
(2) Signs attached to or placed on or against trailers or vehicles, whether registered or unregistered. This does not include signs adhered or painted onto vehicles.
(3) Signs in the public right-of-way, except for those installed by the government.
(4) Signs which imitate, and may be confused with, an official traffic control sign or signal, or an emergency or road equipment vehicle.
(5) All other signs which have not been expressly permitted within this chapter.
(6) All existing signs erected without the necessary approvals and/or permits.
(7) Off-premises signs, commercial use including billboards.
(8) Moving devices, such as pennants, ribbons, streamers, spinners, or the like.
(9) Roof-mounted signs.
(10) Signs with any statement, symbol, or picture of an obscene nature.
Additional signs prohibited. The total number of permitted exterior signs at any business shall not exceed four. This number shall include any combination of wall signs, freestanding signs, monument signs, and projecting signs.
(g) Nonconforming signs. A sign shall lose its legal nonconforming status when:
(1) The sign is enlarged or reduced without approvals.
(2) The sign is relocated without approvals.
(3) The sign shall not have been repaired or properly maintained within 30 days after written notice to the effect has been given by the building official and/or director of planning, or their designees.
(4) The sign structure is removed and replaced with another nonconforming sign, regardless of its size.
(5) The business structure associated with the sign has been abandoned and demolished. A sign shall not lose its legal nonconforming status when:
a. A wall sign is removed for construction, painting and/or restoration of the building, provided that the sign is returned to its location within 30 days of completion of the building work.
b. The sign is removed to facilitate repair, maintenance and/or repainting and replaced immediately upon completion of such work.
(h) Enforcement.
(1) Permanent signs require a sign permit, excepting residential incidental signs. Applications are available from the building official.
(2) A sign shall be considered in violation of the provisions of this article if:
a. It is prohibited.
b. It loses its nonconforming status.
c. It is considered abandoned.
d. It is considered unsafe or unsecure.
1. The zoning enforcement officer will follow violation procedure as outlined in section 38-3.
2. Notwithstanding the provisions of subsection l above, a sign may be removed if reasonable efforts to contact the owner have been unsuccessful and the sign constitutes an immediate threat to safety of persons or property as determined by the zoning enforcement officer or a designee.
(Ord. of 6-23-1994, art. VI, § 17; Ord. of 1-14-16(2); Ord. of 10-12-2023(2))