Section 290-RICR-30-00-1.11 - On-Premise Advertising SignsA. Pursuant to R.I. Gen. Laws § 24-10.1-9(b), the Director of the Department shall not regulate any on-premise or off-premise non-commercial protected speech contained within any advertising display authorized by these regulations.B. On-Premise advertising signs may not be required to have a permit under this Part, and may be permissible if they conform to the following rules: 1. The on-premise advertising sign shall be located within fifty (50) feet of the immediate vicinity of the principal activity.2. The on-premise advertising sign shall be located on the same premises as the principal activity or property advertised. Any sign that consist solely of the name of the establishment is an on-premise sign.3. The on-premise advertising sign shall have as its purpose:a. Advertising of the sole and/or principal activity and/or its products being sold and/or services rendered; orb. Advertising of the sale or lease of property on which the on-premise advertising sign is located, rather than the purpose of general advertising.c. An on-premise advertising sign identifying the establishments' principal and/or accessory products and/or services offered on the premises is an on-premise advertising sign.4. A "For Sale" or "For Lease" advertising sign which advertises a product or a service located upon and related to the business of selling or leasing the land on which the advertising sign is located, is an on-premise advertising sign.5. If any or all portion of a sign advertises a. Activity or activities conducted on the premises, and/or products or services part of the principal activity6. The on-premise advertising sign owner bears the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premises. The following shall be used for determining whether an on-premise advertising sign is located on the same premises as the activity or property advertised. a. The premises on which an activity is conducted is determined by physical facts rather than property lines, ownership, recorded plats and lots, etc. Generally, it is defined as the improved land occupied by the buildings or other physical uses that are necessary and customarily incident to the activity on a regular basis including such open spaces as are reasonably arranged and designed to be used in connection with such buildings or uses on a regular basis. On-Premise advertising signs shall be no more than fifty (50) feet from said activity.B. An on-premise advertising sign shall not be located on: 1. Any land or site, which is not used as an integral part of the principal activity. This would include, but is not limited to, land which is separated from the activity by a state-way or other obstruction, and not used by the activity, and/or extensive undeveloped state-way frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.2. Any land or site, which is used for, or devoted to, a separate purpose unrelated to the advertised activity.3. Any land or site occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integral purpose related to the activity other than to attempt to qualify the land for signing purposes. Generally, these will be inexpensive facilities, included by not limited to; picnics, playgrounds, or camping areas, dog kennels, golf-driving ranges, common or private roadways or easements, walking paths, bicycle paths, fences, and sign maintenance sheds.1.11.1Narrow StripsA. Where the sign site is located at or near the end of a narrow strip contiguous to the activity, the sign shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land, which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes. In no event shall a sign site be considered part of the replacement cost premises on which the advertised activity is conducted if it is located upon a narrow strip of land: 1. which is non-buildable land, such as a swampland, marshland, or other wetland, or2. which is a common or private roadway, or3. held by easement or other lesser interest than the premises where the advertised activity is located. Exception to the above would be a commercial or industrial complex/park marquee sign.1.11.2On-Premise Advertising Signs Located on Interstate and National Highway SystemA. All on-premise signs including but not limited to those located adjacent to those roadways listed in with State Planning, and they must be in compliance with the provisions contained herein, including the following: 1. No sign panels will exceed a maximum area of one hundred and fifty (150) square feet2. Signs with new technologies will not be erected without the express written approval of the Director of the Department of Transportation3. Lighting will be in conformance with the provisions provided in § 1.7 of this Part.4. No sign will block the view of an official directional sign5. All signs must be a minimum of fifty (50) feet from the state highway line6. Signs utilizing digital display technology are limited to a continuous ten-second (10) motionless display290 R.I. Code R. 290-RICR-30-00-1.11
Amended effective 11/28/2018