§ 504

Signs

§ 504 Signs

[Amended June 18, 2008; Ord. of 6-15-2011; 5-1-2018 by Ord. No. 2018-17]

A. Purpose. The purpose of this article is to promote and protect the public health, welfare and safety by regulating the use of existing and proposed signs and other outdoor advertising devices. This article is intended to protect and enhance the physical appearance and natural beauty of the community, protect property values and contribute to an attractive business climate by allowing sufficient freedom to identify and promote the availability of goods and services while, at the same time, protecting the unique character of the Town and the Island. It is further intended to promote and protect the public safety by reducing sign and advertising distractions, obstructions and hazards that may contribute to traffic accidents or personal injury.

B. General.

1. A sign permit shall be required for all signs hereafter erected, installed or replaced, unless specifically exempted by this section. Such permits shall be issued by the Building Official and shall be in addition to any other permits or approvals required by this or any other ordinance of the Town or the State.

2. Permitted signs. Only signs which refer to a permitted use, as set forth in the New Shoreham Zoning Ordinance, or by the New Shoreham Zoning Board of Review are permitted, provided such signs conform to the provisions of this section.

3. The following are prohibited:

a. Signs or lighting which incorporate any flashing, moving or changing illumination or animation, and touch-screen automated machines; located on the exterior of the structure or on the inside faces of the windows;

b. Internally illuminated awnings and internally illuminated signs, including without limitation, unscreened exterior vending machines;

c. Signs that produce generated variable messages or another electronic means of changing sign copy including, without limitation, displays using LEDs, LCDs or a flipper matrix;

d. An unconcealed light source for external sign, building or premises illumination;

e. Any sign which, in the determination of the Building Official or Police Chief, constitutes a hazard to public safety or health, or which impedes vision or access to or from public streets, sidewalks or other places of ingress or egress, including signs which by reason of size, location, content or manner of illumination, obstruct the vision of a driver, or detract from the effectiveness of traffic-control devices;

f. Searchlights, spinners, inflatable devices;

g. Commercial flags or banners displaying a word, symbol, or design or a combination of words, symbols or designs;

h. Umbrellas or tents displaying a word, symbol or design or a combination of words, symbols or designs;

i. Billboards and off-premises signs;

j. Signs projecting over a street;

k. Any sign not otherwise permitted under this Ordinance.

4. Determination of sign area.

a. Free-standing or attached signs. The area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background whether open spaced or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself.

b. Where the sign consists of individual letters attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters.

c. Theater advertising shall be considered to be all area within the basic marquee or face.

5. Trademarks and logos. The registered trademark or logos of a specific product may occupy no more than 25% of the allowable area of a sign. This shall not be construed to discourage the use of logos on signs.

6. Symbols. The use of three dimensional or representative symbols independent of the sign area is encouraged, however, the area of which shall be included in the determination of total sign area.

7. Letter size and style. If all of the letters are upper case (capitals), their height shall not exceed 10 inches. If both upper and lower case letters are used, the maximum upper-case letter height shall not exceed 12 inches. The letter style must be recognized printer's typeface unless otherwise approved by the Historic District Commission, except where specifically exempted in this Ordinance.

8. Materials. Signs shall be constructed of varnished, natural, weathered or painted wood, metal or stone or other similar material with applied, painted or carved letters unless otherwise approved by the Historic District Commission.

9. Lighting. Signs may be lighted only with continuous, non-flashing, white incandescent lighting not to exceed a total of 75 watts, or equivalent warm-white fluorescent or LED lighting. Lighting must be directed away from vehicular and pedestrian traffic so that it is non-interfering and poses no threat to public safety. Neon in any form which is visible from the exterior of the building is prohibited. Light sources must be concealed from view. Exposed wiring and conduit is prohibited. Light sources must be concealed from view. Exposed wiring and conduit is prohibited. Strings of bulbs may be allowed on an approved location-by-location basis provided such display does not interfere with or have an adverse impact upon neighboring land uses. Bulbs shall be warm-white in color, shielded from direct view, and shall not be flashing or visually moving in a 'marquee' fashion. Placement locations shall be low to the ground at pedestrian levels to provide ambient lighting. In no case shall the lighting be used to horizontally, vertically, or diagonally outline building edges, roofs, canopies, porches, cornices, or other elevated surfaces. All lighting must comply with the Town's Lighting Ordinance. Building illumination shall be restricted to entries and porches except when designated as part of an overall lighting scheme approved by the permitting agent. There shall be no illumination between the hours of 11:00 p.m. and 6:00 a.m., unless the premises on which it is located is lawfully open for business during the time of illumination.

10. Supports. No support for a sign may extend above the cornice or eave line of the building to which it is attached. No exposed wires or turnbuckles are allowed. Due to the extreme and sometimes sudden wind conditions on the Island, attachments must be securely fixed to prohibit hanging signs from swinging.

11. Maintenance. All signs, including all supports, braces, guys and anchors, shall be kept in good repair and shall be kept clean, neatly painted and free from all hazards so as to not endanger the public health or safety.

12. Obsolete signs. Any sign which advertises an area, use, property, business or product no longer actively sold or promoted on the site upon which the sign is located, shall be considered to be obsolete and shall be removed within 30 days after the date that it becomes obsolete. If an obsolete sign is not removed within 30 days, the Zoning Official shall give written notice of the violation to the owner of the property on which the sign is located, ordering the owner to remove any such sign within 10 days from the date of the notice. Upon failure to comply with the provisions of the notice, the Zoning Official, in addition to other action allowed by law, may remove the sign at the expense of the owner of the property from which the sign is removed. This paragraph 12 does not apply to any historic sign or image or 'symbol' that, in the opinion of the Historic District Commission, represents the history of Block Island and/or the building onto which it is applied. [Amended 5-3-2022 by Ord. No. 2022-04]

13. Unlawful signs. Where the sign becomes unsecured, is in danger of falling, or is otherwise unsafe, or if a sign is unlawfully installed, erected, or maintained in violation of any provisions of this code then, upon written notice of the Building Official or Zoning Official to the owner of the property on which the sign is located, the sign shall be removed or made to conform to the provisions of this section forthwith in the case of immediate danger and in any case within not more than 10 days from the date of notice. If within 10 days the order is not complied with, the Building Official or Zoning Official shall remove such sign at the expense of the owner of the property on which the sign is located. [Amended 5-3-2022 by Ord. No. 2022-04]

14. Unsafe signs. The Building Official may require any sign or advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

C. Specific requirements.

1. Types. Permitted types of signs include wall, projecting or free-standing, or moveable A-frame signs, provided they are approved pursuant to this Section, and provided they meet all requirements of these regulations, the Town and State Building Codes, and all other ordinances and regulations of the Town. All other types are prohibited.

a. No sign shall be erected which is affixed to a sidewalk, curbstone, lamp post, hydrant, fence, utility pole or structure, tree, shrub, rock or other natural object;

b. Signs shall not extend above the roofline (unless mounted on a parapet wall which extends above the roofline, in which case the sign may not extend above the top of said parapet);

c. No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the district;

d. Signs, together with any supporting framework, may, with approval, cover architectural details such as, but not limited to, arches, sills, balusters, moldings, cornices, columns, and transom windows.

2. Size and number.

a. Free-standing signs. One free-standing sign per commercial building may be allowed, provided that the sign contains no more than two sides, the aggregate square footage of all signs on each side shall not exceed 12 square feet per side, and that the total height and width of the sign structure shall each not exceed five feet.

b. Wall signs. Wall signs may be used in any number or combination on the front of the building, provided that the aggregate square footage of all signs does not exceed the maximum allowable area of permanent signage, said area to be directly proportional on a one-to-one basis to the ground floor linear building frontage of the building footprint in which the business is located.

c. Projecting signs. Projecting signs shall have no more than two faces and may extend no more than six feet beyond the surface to which it is affixed. No more than one projecting sign is allowed for each entrance door to a business establishment, regardless of the number of businesses that the establishment serves. The bottom of the sign shall be at least eight feet above ground level, and shall conform to all other applicable provisions of this Section.

d. Portable A-frame signs. A maximum of one is permitted per business, provided that it does not constitute a safety hazard or impede vehicular or pedestrian traffic and that it is not located within a sidewalk or other public right-of-way. Portable A-frame signs or sandwich boards must be taken in at closing time and cannot exceed six square feet in area on a side, and shall contain a maximum of two sides. All A-frame signs must conform to the provisions of these regulations, except menu boards, which may be made from slate or similar material with free-hand lettering in chalk describing daily specials are permitted.

e. Restaurant menu boards:

(1) Only one per establishment;

(2) Can be building/wall mounted, or free-standing;

(3) Maximum frame size is 30 inches high, and

(a) Three menu width - 40 inches maximum width, or

(b) Two menu width - 30 inches maximum width, or

(4) Can be internally illuminated with fully concealed lighting;

(5) Can include the name of the establishment at the top of the frame; and

(6) Would not be required to be included in sign area calculations.

3. Combination. Property owners may, if approved, use a combination of a free-standing sign, a projecting sign, and/or a wall sign, provided that the total square footage of the signs does not exceed the maximum allowable area described in the previous paragraph, and provided that the signs meet all other requirements set forth in this Section.

4. Corner sites. On a building with secondary frontage on a corner or that has a side that faces an open area, signage is allowed on those secondary sides, and the total signage may be computed separately for each side.

5. Setback requirements. The location of any free-standing sign shall be on the establishment property and shall be shown on a site plan, drawn to scale, which shall be submitted as part of the application process. The site plan will be reviewed to ensure that the sign will not materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility or any other access required by these regulations, due to the sign's placement, illumination, direction, or other relevant considerations.

D. Non-conforming signs. Any sign lawfully existing at the time of this Ordinance shall be considered a legal non-conforming sign. Such legal non-conforming signs may continue provided that no legal non-conforming sign shall be enlarged, reworded (other than in the case of cinema or theater signs, redesigned or altered in any way except to conform to the provision of this Section. Re-painting of a Non-Conforming sign is allowed as long as the sign design and color does not change. Changing a sign's logo does constitute a change in the sign design, and in the case of an existing Non-Conforming sign, will require compliance with this Ordinance.

E. Alterations or relocation of signs. No sign, whether previously approved or considered a legal nonconforming use, shall be altered in any manner to include changes in graphics, font, color, brackets or posts without obtaining a permit therefore, in compliance with this Ordinance. Changes in wording may be made without application provided changes are in keeping with the existing design and graphics.

F. Permit procedure. Any persons intending to erect, relocate or alter any sign shall, except as otherwise provided in this Section, make application to the Building Official.

1. The Historic District Commission shall review all applications for all sign permits within the Historic District. For those signs outside the Historic District, the Building Official may request an advisory opinion from the Historic District Commission. The Zoning Board of Review may request an advisory opinion from the Historic District Commission on all applications concerning signs. It shall be one of the purposes of the Historic District Commission to work with an applicant in an effort to encourage signs that will be:

a. In conformance with these regulations;

b. Compatible with the buildings, their surroundings and the area where the sign is to be located;

c. Informative, legible and that will serve to preserve and improve the appearance of the Island and unique historic character of the Town as a whole; and

d. Consistent with generally accepted professional standards governing the practice of historic preservation, graphic design, architecture and advertising.

G. Exemption. The following signs shall be allowed within the Town without the necessity of obtaining a Certificate of Appropriateness or a sign permit. Non-compliance with the terms set forth below shall cause such a sign to forfeit its exempt status and require the owner to follow the permit procedure set forth in this Ordinance. Exempt signs must conform to all other provisions of the Section.

1. One non-illuminated sign which shall not exceed four square feet in area and which shall be located no closer than 10 feet from the property line.

2. The following signage customary and necessary to the operation of filling and service stations: lettering or other insignia which are a structural part of a gasoline pump or lighting fixture consisting only of a brand name, lead-warning sign and other signs as required by law;

3. Window signs that denote hours of operation, dress requirements and temporary signs that do not violate any lettering or lighting methods contained in this Section and that do not cover more than 10% of the total window space;

4. Professional nameplate on a door or directory signs adjacent to the entrance door which does not exceed eight inches by 20 inches per business;

5. Flags of all nations, states, counties, towns and cities when flown in compliance with the United State flag code;

6. Historical marker signs, which comply to the provisions of this Ordinance and to provisions adopted by the Historic District Commission;

7. Signs identifying property owner or name of property or road, provided sign is no larger than two square feet.

8. Signs and Flags that spell "OPEN", are limited to one per business, as long as they are visible only during business hours.

9. Directional signs or tourist informational signs placed by the Town of New Shoreham.

10. Temporary banners promoting community events provided they are not displayed more than 10 days prior to the event and are removed within two days after the event and are temporarily affixed to a permanent structure.

H. No limitation based on content. Notwithstanding anything contained in this § 504 to the contrary, no sign or sign structure shall be subject to any limitation based on the content or viewpoint of the message contained on such sign or displayed on such sign structure. This limitation does not apply to: signs that are defamatory; signs that contain obscenity; pornographic signs; signs that convey fighting words; and signs that contain deceptive commercial messages.

I. Severability. The provisions of this § 504 are severable. In the event that any part of this Section is declared invalid, unlawful or unconstitutional by a court of competent jurisdiction, any such declaration shall not affect the remainder of this Section.