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Westerly
Town of Westerly Zoning Ordinance
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§ 260-86

Signs

[Amended 4-9-2007 by Ch. No. 1598; 1-10-2011 by Ch. No. 1737; 9-10-2012 by Ch. No. 1780; 11-5-2018 by Ch. No. 1944; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

  • A. Intent and purpose.
    • (1) The intent and purpose of this section shall be to regulate, restrict and place limitations on the overall number, size, location, alteration, type and illumination of all signs; to provide for the use of signs as a means of communication in a manner that is consistent with the aesthetic New England historic and coastal qualities of the Town and with pedestrian and traffic safety and to achieve the following general purposes:
      • (a) To protect and enhance commercial and residential property values by creating a visually harmonious environment;
      • (b) To promote the general business interests of the Town by maintaining and improving the visual quality of commercial areas;
      • (c) To provide for the general safety of the public by reducing, over time, the distracting nature of numerous, visually diverse signs, particularly along heavily traveled roadways; and
      • (d) To enhance the traditional qualities and characteristics of the Town of Westerly, and to further the objectives of the Comprehensive Community Plan.
    • (2) This section shall apply to all signs which may be erected, placed, displayed, established, created, used, altered, replaced or maintained in the Town. Signs which are not expressly permitted by these regulations are prohibited. The Zoning Board of Review may hear and grant relief from the provisions of this article by way of a dimensional variance as provided in § 260-33 unless otherwise noted.
    • (3) Due to the complexities of site engineering and vehicle/pedestrian circulation associated with multi-occupant developments, such as shopping centers, educational and medical institutions, office parks, recreational facilities and mixed-use facilities, the owners of such development shall submit to the Planning Board an integrated signage package for any minor or major land development project approval pursuant to Chapter A261.
      • (a) In addition to the submission requirements for a land development project, the application shall include the information required by this section for the issuance of a sign permit and the opinion and recommendation of the Zoning Officer on consistency of the proposed signage with the Zoning Ordinance.
      • (b) In approving an integrated sign package, the Planning Board shall apply the standards applicable to land development projects under Chapter A261 and find that:
        • [1] Such signage program would be consistent with the intent and purpose of this section;
        • [2] The placement of signs within the multi-occupant development would be harmonious with the other aspects of the site plan; and
        • [3] Such signage program would result in a more comprehensive and attractive arrangement and display of signs than could otherwise be accomplished under the standards of this section.
      • (c) Planning Board approval of the integrated sign package does not waive the requirement that the applicant obtain the necessary relief from the Zoning Official or Zoning Board. In the event that the applicant's integrated sign package requires any relief from existing Zoning requirements, the applicant shall apply for that relief from the Zoning Board and shall seek an advisory recommendation from the Planning Board for the relief sought.
  • B. Definitions. For the purposes of this section, the following terms shall have the meaning stated herein:

    ABANDONED SIGN — A sign which has not identified or advertised a business, service, owner, product, or activity for a period of at least 180 days.

    ALTERATION — A change in the size, shape, or structure of the sign or its support, a change in the mechanical facilities, type of illumination or mode of operation of an existing sign. Copy or color change of an existing sign is not an alteration.

    BILLBOARD SIGN — A sign for which the message display is mounted on a permanent structure, that meets any of these criteria:

    • (1) A permanent structure sign which is used for the display of off-site products, goods, services, facilities, events or attractions not made, sold, used, served or available on the lot displaying such sign; or
    • (2) A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
    • (3) A permanent structure outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the lot (not including those who rent space from the sign owner, when the message on the sign is for the entity operating at the site) for a rent or other consideration.

    CANOPY SIGN — A sign which is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area.

    COMMUNITY EVENT SIGN — Freestanding temporary portable signs to be used by government, quasi-government, institutions, libraries, schools and nonprofit organizations for promotion of special limited duration events.

    FLAG — Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners, including feather signs.

    FOOTCANDLE — A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footcandle is equal to one lumen per square foot.

    FREESTANDING SIGN — A sign placed on the ground or supported by one or more uprights, poles or other supports placed in or upon the ground. A freestanding sign does not include temporary signs placed on sidewalks.

    GOVERNMENT/REGULATORY SIGN — Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.

    IDENTIFICATION SIGN — A sign, located on the premises, which indicates the names, 911 address, and/or identifying symbol of:

    • (1) A development containing two or more occupants such as a professional office building, a residential building, an industrial park or commercial building center; or
    • (2) A school, church, park, hospital, or other public or semipublic institution or facility.

    INFLATABLE SIGN — A sign in the form of an air-inflated object of various shapes that is made of flexible fabric and placed on the ground or a structure.

    MANUAL CHANGEABLE COPY SIGNS — A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign face.

    MARQUEE — A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.

    MARQUEE SIGN — Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.

    MULTI-OCCUPANT SIGN — A freestanding sign used to advertise businesses that occupy a shopping center or complex with greater than one occupant.

    NONCONFORMING SIGN — A sign that was legally erected and maintained at the effective date of the Zoning Ordinance, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.

    PORTABLE SIGN — A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.

    PROJECTING SIGN — A sign which is wholly or partly dependent upon a building for support and which projects more than 15 inches from the building.

    ROOF SIGN — A sign mounted on, against or directly above the roof or on top of or above the parapet of a building or structure.

    SANDWICH BOARD SIGN — A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (also known as "A-frame sign").

    SNIPE/BANDIT SIGN — A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way.

    VEHICULAR SIGN — A type of freestanding, portable, temporary sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.

    WALL SIGN — A sign attached to the exterior wall of a structure in such a manner that the wall becomes the support for, or forms the background surface of, the sign and which does not project more than 15 inches from the structure.

    WINDOW SIGNS — 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 which is visible from any public or private sidewalk, street or highway. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.

  • C. Sign permits. New signs shall not be erected, and legally existing signs shall not be replaced, relocated or altered, without a permit granted in accordance with the provisions of this section. Applications for a sign permit shall be submitted to the Zoning Official on the appropriate form provided by the Zoning Office. The application shall include plans and specifications of the proposed sign, which, at a minimum, describe dimensions, area, maximum and minimum height, proposed message and design, materials, colors, method of construction, method of illumination for each sign, and clearly indicates the location of each sign on the property on which it is to be displayed and any other information required by the Zoning Official. Such application shall be signed by the owner of the property on which the sign or signs will be located.
  • D. General standards. Unless otherwise specified, the following standards shall apply in all zoning districts:
    • (1) Sign construction. Every sign shall be constructed in a permanent manner and shall be assembled and permanently affixed in such a fashion that it shall not be ordinarily affected by weather. No sign shall be painted directly onto any building, fence, utility pole, rock, tree or other similar object.
    • (2) Sign illumination and motion. All signs, billboards and digital media display panels that are self-illuminated utilizing light-emitting diodes (LED), organic light-emitting diodes (OLED) panels, LCD or plasma screens for the purposes of advertisement in public display are not allowed in any zoning district. Further, no such signage may be computer or processor driven to allow the illuminated projection or illuminated movement of any form of digital media except for a sign stating "open" which does not exceed a size of two square feet, time and temperature, and fuel prices. Said "open" signs, signs indicating time and temperature and/or fuel prices shall be prohibited in the NB Zoning District. No sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign. In addition, the following rules shall apply to all illuminated signs intended to be viewed from the exterior.
      • (a) Internally illuminated freestanding signs shall not be illuminated during nonbusiness hours of the business advertised by such sign. The same rule shall apply to signs constituting an integral part of vending machines or similar devices.
      • (b) Illuminated tubing or strings of lights that outline properties, sales areas, rooflines, doors, windows, or similar areas are prohibited except for temporary use in observance of holidays.
    • (3) Sign location. Unless permitted under Subsection K, Existing nonconforming signs, signs shall be located only on the property of the business, organization or activity they are intended to identify and, unless otherwise permitted, shall not project over any property line. In addition, the following rules shall apply:
      • (a) No sign shall be located on any corner so as to violate the corner visibility requirements of Chapter 260, Zoning.
      • (b) No sign shall be so located as to obstruct or interfere with the visibility or movement of vehicular or pedestrian traffic.
      • (c) No sign shall be located on a sidewalk unless otherwise permitted.
    • (4) Computation of sign area.
      • (a) The area of a sign shall be computed from the inner dimensions of the frame, trim or molding by which the sign is enclosed.
      • (b) When a sign consists of individual letters, symbols, or characters, and it is not framed, its area shall be computed as the area of the smallest rectangle which encloses all the letters, symbols or characters.
      • (c) When a sign consists of two of more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other, (e.g., a sandwich board sign). Otherwise, all faces of the sign shall be used to compute the sign area.
    • (5) Wall sign standards.
      • (a) No wall sign shall extend beyond the outer edge of any wall or above the eaves of the building to which it is attached.
      • (b) A wall sign shall be parallel to the wall to which it is attached and shall not project more than 15 inches therefrom.
      • (c) No wall sign shall be painted directly upon any wall.
      • (d) The size for all wall signs shall be as hereinafter set forth.
    • (6) Freestanding sign standards.
      • (a) If the lot on which the sign is located does not contain a principal building, the sign shall not exceed a height of six feet. The height of the sign shall be measured from the ground to the top of the sign.
      • (b) No part of any freestanding sign shall be located within 10 feet of any lot line.
      • (c) Only one freestanding sign shall be permitted on a lot even if there is more than one building or use on that lot.
      • (d) The size and height for all freestanding signs shall be as hereinafter set forth.
    • (7) Projecting signs standards.
      • (a) The bottom edge of a projecting sign shall be at least eight feet above ground level when located in an area where the public walks.
      • (b) No projecting sign shall extend more than five feet from the wall to which it is attached and shall be no more than 10 square feet except for temporary banners announcing community events.
      • (c) The size for all projecting signs shall be as hereinafter set forth.
    • (8) Maintenance of signs. 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 not to endanger the public health or safety. Such areas shall be maintained in a clean, sanitary and healthful condition.
    • (9) Changeable copy signs. Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign. A permit shall not be required to change the message of the manual changeable copy sign.
    • (10) Prohibited signs. The following signs are prohibited in all zoning districts, unless otherwise permitted by this section:
      • (a) Billboard signs;
      • (b) Snipe or bandit signs;
      • (c) Inflatable signs;
      • (d) Abandoned signs;
      • (e) Flags displaying commercial content;
      • (f) Roof signs;
      • (g) Banners; and
      • (h) Vehicular signs.
    • (11) Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located in any area where landscaping is required pursuant to a zoning approval or within the right-of-way of any public street or highway, unless the work is with the written authorization of the Public Works Director. A copy of such written authorization shall be submitted to the Zoning Official.
    • (12) Enforcement. Violations of § 260-86 shall be subject to enforcement action pursuant to § 260-26.
  • E. Signs permitted by right. Unless otherwise specified, the following signs are permitted by right in all zoning districts and do not require a sign permit:
    • (1) Signs not exceeding six square feet in area that are not of a commercial nature, such as:
      • (a) Identification signs as described herein;
      • (b) Signs on mailboxes or newspaper tubes; and
      • (c) Signs posted on private property relating to private parking or warning the public against trespassing, hunting or danger from animals.
    • (2) Government/regulatory signs erected by or pursuant to the authorization of a governmental or quasi-governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
    • (3) Integral decorative or architectural features of buildings or works of art, so long as such features do not contain letters, trademarks, moving parts, or lights.
    • (4) Signs directing and guiding traffic that bear no advertising matter.
    • (5) Signs proclaiming religious or political activities that do not exceed one per lot and 12 square feet in area and that are not internally illuminated. Signs erected in connection with elections or political campaigns shall be erected no more than 60 days prior to the election and shall be removed within seven days following the election or end of the campaign.
    • (6) Real estate signs, giving notice that the property on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. Such signs shall not exceed six square feet. No more than one such sign shall be located on any lot and shall be removed immediately after sale, lease, or rental.
    • (7) Community event signs. Such signs are not intended to be permanent and shall be limited to display 10 days prior to the special event and are to be removed immediately thereafter. Community event signs shall not obstruct sight-line vision of motor vehicles or constitute a hazard to pedestrians.
    • (8) Temporary signs (such as for yard sales) not covered in the foregoing categories, so long as such signs meet the following restrictions:
      • (a) No more than one such sign may be located on any lot.
      • (b) No such sign may exceed two square feet.
      • (c) Such sign may not be displayed for longer than three consecutive days nor more than 10 days out of any three-hundred-sixty-five-day period.
    • (9) Temporary window signs in or on the window of a building, which are visible from any public or private street or highway, provided that such sign shall not occupy more than 25% of the area of said window and shall not be in place more than 30 days.
    • (10) The flag of a foreign nation, the United States, State of Rhode Island and Providence Plantations, Town of Westerly, associated with the United States military, National Guard, police and fire departments.
  • F. Signs permitted in all zoning districts. The following signs shall be permitted in all zoning districts subject to the issuance of a sign permit:
    • (1) Construction signs. One construction or renovation sign, not to exceed six square feet in residential zoning districts or 12 square feet in all other zoning districts, when associated with a valid building permit, which shall be removed within 30 days of work completion.
    • (2) Land development identification signs. One real estate development identification sign at each entrance, not to exceed 32 square feet, to identify an approved land development, which shall be removed within 30 days of sales completion.
  • G. Signs permitted in all residential and OSR Zoning Districts. All signs in residential and OSR Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in residential zoning districts:
    • (1) Identification sign. A sign identifying an area of open space for recreation, the name of a farm or agricultural activity, a subdivision or neighborhood not to exceed six square feet or be higher than six feet;
    • (2) Home occupation sign. Signs identifying a home occupation permitted pursuant to § 260-65 not to exceed 1.5 square feet;
    • (3) Public recreation signs. A sign identifying public access is allowed in an area of open space for recreation, not to exceed 1.5 square feet in area.
  • H. Signs permitted in HC, GC, SC-G, CR, GI and LI Zoning Districts. All signs in the HC, GC, SC-G, CR, GI and LI Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless specified below and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the HC, GC, SC-G, CR, GI and LI Zoning Districts:
    • (1) A single-occupant parcel shall be allowed one of each of the following types of signs:
      • (a) A freestanding sign, not exceeding 36 square feet, which shall include the name and 911 address of the occupant. The freestanding sign shall not exceed the height of the building to which it is related or a height of 16 feet, whichever is less. A freestanding sign shall not be permitted for an individual occupant located in a multi-occupant building or in a multi-business shopping center;
      • (b) A projecting sign which shall not exceed 12 square feet;
      • (c) A wall sign which shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the sign will be attached; and
      • (d) A canopy sign which shall not exceed one square foot for each linear foot of the street-facing facade to which the canopy sign will be attached.
    • (2) Signs within a multi-occupant parcel shall be in accordance with the following:
      • (a) One freestanding sign, not to exceed 72 square feet, which shall identify the name and 911 address of the multi-occupant (i.e., center or plaza) and may list each of its occupants. The multi-occupant freestanding sign shall not exceed the average height of the buildings to which it is related or a height of 16 feet, whichever is less.
      • (b) Each occupant within a multi-occupant parcel may have a wall sign not exceeding one square foot for each linear foot of the street-facing facade of the unit or units occupied. The total area of all wall signs shall not exceed one square foot for each linear foot of the street-facing facade of the building to which the signs will be attached.
      • (c) The design, placement and location of signs within a multi-occupant parcel shall be harmonious with one another.
    • (3) Exposed neon tube signs may be displayed in interior windows, provided that the neon tube shall not exceed 0.5 inch in diameter.
  • I. Signs permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts. All signs in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts shall comply with Subsection D, General standards, of § 260-86 unless otherwise specified below, and shall be subject to the issuance of a sign permit. In addition to generally permitted signs (Subsection E) and signs permitted in all zoning districts (Subsection F), the following signs are permitted in the DC-1, DC-2, NB, MC and SC-WH Zoning Districts:
    • (1) Window signs. Window signs, as defined in this section, for nonresidential uses shall be permitted subject to the following regulations:
      • (a) Area. A maximum of 15% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or otherwise permanently affixed to the window. A maximum of 25% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.
      • (b) Illuminated signs may be displayed in interior windows, provided that any neon sign tube shall not exceed 0.5 inch in diameter; no sign may be illuminated such that it is brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign; and the light shall not be illuminated during nonbusiness hours.
    • (2) Wall signs: one wall sign which shall not exceed one square foot for each linear foot of the face of the building (or if the building contains two or more occupants, the portion thereof allocated to the occupant) to which the sign will be attached.
    • (3) Freestanding signs: one freestanding sign per lot, provided that: it shall not exceed 36 square feet, it shall not exceed six feet in height, measured from the ground to the top of the sign, and it may abut the property line, but it shall not be located on or projected over a sidewalk. A freestanding sign shall not be permitted for an individual business located in a multi-occupant building or parcel; however, one multi-occupant freestanding sign may be permitted for the building or parcel to provide joint identification of the occupant business enterprises and the name of the building or center.
    • (4) One projecting sign, per structure and/or unit, provided that:
      • (a) A lot may have no more than one projecting sign per business.
      • (b) No projecting sign shall extend more than five feet from the wall to which it is attached, at a safe height over the sidewalk, and shall be no more than 12 square feet except for temporary community event signs.
    • (5) Portable signs, provided that:
      • (a) No greater than one portable sign shall be on each sidewalk directly abutting the unit it advertises.
      • (b) A portable sign shall not be greater than 12 square feet and in the case of a sandwich board sign shall not be greater than four feet tall and three feet wide at the base.
      • (c) A portable sign may only be displayed during the hours that the business is open, and it shall be removed from the sidewalk when the business closes each day.
      • (d) The portable sign shall not inhibit pedestrian or handicap access to, or on, the sidewalk.
    • (6) A marquee sign, provided that:
      • (a) The marquee and marquee sign are historic in nature and are approved by the Rhode Island Historical Preservation and Heritage Commission.
      • (b) The marquee and marquee sign match the design and function of a previously permitted marquee at the site.
      • (c) The marquee and marquee sign are approved by the Rhode Island Historical Preservation and Heritage Commission, which approval must be received and provided to the Zoning Official before the Zoning Official may issue a permit.
      • (d) Use of modern technology, such as LED, OLED, and plasma screens, as well as computer or processor driven signage to allow illuminated projection or movement of any form of digital media, is permitted if it evokes and mimics the look, feel and function of the historic marquee sign being replaced, refaced, or refurbished.
      • (e) Marquee signs employing the use of modern technology shall not operate between 2:00 a.m. and 5:00 a.m.
      • (f) Illuminated marquee signs may not be brighter than 0.3 footcandle above ambient light levels, as measured at 150 feet from the sign.
      • (g) A permit shall not be required to change the message or content of a marquee sign.
    • (7) Canopy signs, provided that:
      • (a) The bottom edge of the awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, walkway or outdoor service area shall be at least seven feet above the ground.
      • (b) The bottom edge of any hanging sign attached to the canopy shall be at least eight feet above the ground.
    • (8) Banners, flags and temporary signs are prohibited unless permitted in accordance with Subsection E.
    • (9) Unless otherwise permitted by this section, all signs must be for a business(es) on the same lot and for the unit that the sign is located on. Additional signs are not permitted on the basis that there is greater than one business on the lot.
    • (10) The provisions of this subsection shall govern any conflict between the provisions of this subsection and any other subsection of § 260-86.
  • J. Adult entertainment business. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions:
    • (1) Perpendicular or protruding signs are prohibited. Signs shall be parallel to and attached to a wall.
    • (2) Freestanding signs and off-site signs are prohibited.
    • (3) Signs or other advertising located on billboards or outdoor advertising structures are prohibited.
    • (4) Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.
    • (5) Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.
  • K. Existing nonconforming signs.
    • (1) Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this section may continue, although such sign does not conform to the provisions of this section. Notwithstanding, in accordance with § 260-86C and D, a nonconforming sign will not be grandfathered into use should it need to be replaced, relocated or altered or should it not be properly maintained to the standards set by these regulations.
    • (2) Maintenance. A nonconforming sign may be maintained in compliance with § 260-86D(8), General standards, without requiring a permit.
    • (3) Repair or reface. A nonconforming sign may be repaired (including refacing), provided that a sign permit explicit to the specific scope of the repair is obtained and the sign shall not be structurally altered in any way unless it conforms with this article. If the cumulative cost during any twelve-month period to repair or reface the nonconforming sign exceeds 50% of the fair market value of the sign before the start of the repair or refacing, then the repair or refacing shall be considered a replacement of the nonconforming sign.
    • (4) Replacement, relocation, or alteration. Any sign replacing or relocating a nonconforming sign shall conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed. A nonconforming sign shall not be altered as defined herein. If a nonconforming sign is altered, the sign shall be made to conform with the provisions of § 260-86 and the nonconforming sign shall no longer be displayed.