290 R.I. Code R. 290-RICR-30-00-1.7

Current through December 3, 2024

Section 290-RICR-30-00-1.7 - Criteria for a Legal Conforming Sign

A. For a sign to be designated legal conforming, it must comply with the following location, size, spacing, and lighting criteria, pursuant to R.I. Gen. Laws § 24-10.1-3.

B. Location

1. Signs must be located in a zoned commercial or industrial area or a non-urban area that is unzoned commercial or industrial.

2. All signs shall be set back at least twenty-five (25)' feet from the nearest edge of right-of-way except in areas zoned by authority of law either industrial or commercial where the setback established by such authority will be observed.

3. No sign shall be erected in any area regardless of zoning or other considerations in areas either of natural or manmade scenic beauty or historical significance, including designated scenic roadways and bicycle paths, designated as such by the Rhode Island Department of Transportation.

C. Size

1. No sign panel shall exceed the following limits:

a. For signs panel which are located within 150 from the nearest edge of the right-of-way, maximum area - 675 square feet, maximum height -20 feet, maximum length - 50 feet. Dimensions include border trim, cutouts, extensions, but exclude bases and supports.

b. For signs which are located 150 feet or more from the nearest edge of the right-of-way, maximum area - 1200 square feet, maximum length - 60 feet, maximum height - 25 feet. Dimensions include border, trim, cutouts and extensions but exclude bases and supports.

c. Cutouts and extensions are not to exceed the following limits:

(1) Five (5) feet from the top of trim.

(2) One and one-half feet from either vertical side of trim.

(3) Two (2) feet from bottom of trim.

(4) No one cutout shall exceed more than ten percent (10%) of the total copy area or no combination of cutouts shall exceed thirty percent (30%) of the total copy area. Prior to the installation of any and all cutouts, a permit holder must submit to the Department a written explanation providing the exact design, dimensions, panel number, and specifications of the proposed cutout. The permit holder must make this request no less than ten (10) business days prior to the anticipated installation of the cutout, and must strictly adhere to the restrictions listed above. No erection of a cutout will be permitted without first submitting a schematic of the proposed cutout for review, and receiving prior written approval of the Department.

d. Signs may be double faced [abutting and facing the same direction] provided that the total dimensions and area of double faced signs on the structure do not exceed the stipulations of. §§ 1.7(C)(1)(a) through (c), of this Part.

e. Back-to-back signs shall be considered as two (2) signs.

f. V-type signs shall be considered as two (2) signs, but must be erected so that only one (1) face is visible to traffic proceeding in any one (1) direction on any Interstate or Primary System.

D. Spacing

1. If a sign is located on and/or adjacent to an Interstate or Primary Highways or Secondary Roads the followings applies:

a. Signs shall not be located within seven hundred and fifty (750) feet of items listed in §§ 1.7(D)(1)(a)(1) through (7) of this Part below, which are adjacent to the highway right-of-way regardless of whether there is direct access from the state-way, including but not limited to those areas being designated and maintained as such by public governmental agencies as follows:

(1) Recreational Public Parks

(2) Public Forests

(3) Public Playgrounds

(4) Scenic Overlooks or Designated Scenic Roadways

(5) Bicycle Paths

(6) Schools

(7) Safety Rest Areas

b. In connection with § 1.7(C)(1)(a) above, the 750-foot limitation, which will be measured from the property lines of recreational public parks, schools, public forests, safety rest areas, public playgrounds, and bicycle paths will not be interpreted to extend beyond the opposite side of said highway right-of-way. In the case of scenic overlooks, which are constructed so as to utilize the view across said state-way, no sign shall be allowed which obscures the intended view. If there is an existing structure or building other than outdoor advertising within the seven hundred and fifty (750) foot zone, a sign may be erected within said area provided that such sign does not otherwise obstruct the view of the area designated.

c. If an entity with a sign exists within an unzoned area, and said entity ceases to exist or operate for a minimum period of ninety (90) calendar days, said signs would then be considered non-conforming. If the same area becomes zoned, in any designation but commercial or industrial, the sign will remain non-conforming under R.I. Gen. Laws Chapter 24-10.1.

d. Signs that are located in zoned and unzoned commercial and industrial areas and were legally erected in accordance with the laws and regulations in effect at the time of their erection, but do not comply with the criteria contained in § 1.7(A) of this Part may continue to be maintained. All such signs shall be classified as grandfathered non-conforming and must comply with the requirements of § 1.7 of this Part. When highways are added to the Interstate and Primary System, standards contained in § 1.7(A) of this Part, shall apply only to signs erected, in commercial or industrial zones and areas adjacent thereto, subsequent to the date that such state-ways are added to the system e. The minimum distances between signs of two hundred and fifty (250) feet and seven hundred and fifty (750) feet shall be measured along the nearest edge of the pavement between points directly opposite the signs.

f. On-premise signs and other signs authorized and defined by R.I. Gen. Laws § 24-10.1-3(a), (b), and (c) shall not be considered for purposes of measurement. Alleys, undeveloped rights-of-way, private roads and driveways are not intersections, and will not be utilized for measurement purposes.

g. No signs may be located on the same side of the state-way within two hundred and fifty (250) feet of a major official guide sign.

2. Spacing of Legal Conforming Signs Adjacent to Interstate Highways and Freeways on the Primary System or Secondary Systems

a. Zoned industrial or commercial area [does not apply to secondary systems] - spacing between signs along each side of the highway shall be a minimum of seven hundred and fifty (750) feet from the sign structure to sign structure. Back-to-back and V-type signs may be erected at single locations. No structure may be located adjacent to or within five hundred (500) feet of an Interchange, exit or entrance ramp, intersection at grade, or a safety rest area. Said five hundred (500) feet to be measured along the edge of pavement along the Interchange, ramp, intersection at grade, or a safety rest area or state-way from the beginning or ending of the pavement widening at the entrance to and exist from the state-way. Said distance limitation shall be measured separately for each direction of travel.

b. Unzoned industrial or commercial area [applies to all systems including secondary systems] - spacing between signs along each side of the state-way shall be a minimum of 1500 feet. Back-to-back and V-type signs may be erected at a single location. No structure may be located adjacent to or within 1000 feet of an Interchange, exit or entrance ramp, intersection at grade, or a safety rest area. Said 1000 feet to be measured along the state-way from the beginning or ending of pavement widening at the exit from or entrance to the state-way.

3. Spacing of Legal Conforming Signs Adjacent to Secondary Systems Zoned Industrial/Commercial a. The location of signs shall conform to the following minimum criteria to be applied separately to each side of the secondary system.

(1) Spacing between signs along each side of the secondary system shall be a minimum of two hundred and fifty (250) feet. V-type or back-to-back signs may be erected at a single location, but any such signs shall be at least five hundred (500) feet from any other sign the same side of the secondary system.

(2) No sign may be located within one hundred (100) feet of an intersection [unless there is an existing building or structure other than an outdoor advertising structure in said area]. One sign shall be permitted within said area if it does not obstruct the existing view of the intersection to approaching traffic and meets all other rules and regulations herein contained. Distance shall be measured under § 1.7(D)(2)(b) of this Part.

E. Lighting

1. No sign may be erected or maintained which contains, includes or is illuminated by any flashing, intermittent or moving light or lights, except in the use of public information devices which indicate the correct time and temperature, or other changeable LED message signs or billboards with changeable messages.

2. No lighting may be used in any way in connection with any sign unless:

a. it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the state-way, or

b. is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

3. The Department has the right to require adjustments to lighting.

F. New Technologies

1. Adjacent to the state-way, no legally conforming signs advertising copy may be converted to Trivision or equivalent technologies unless approved by the Department, and if and when necessary, the Federal Highway Administration. Non-conforming signs do not qualify for conversion and no video shall be allowed. The Department will not allow the conversion of signs utilizing LED technology pending its study of safety issues.

2. If a signs advertisement copy is converted to a type of new technology, the Department may require a percentage of the advertisement copy be dedicated to public service (e.g. Amber Alert).

3. However, in accordance with R.I. Gen. Laws Chapter 24-10.1, for each sign using such technology, two (2) valid permits for signs or billboards of equivalent size shall be required. Provided, further, however, that in the event that a person, firm or corporation does not hold more than one permit, only one permit for signs of equivalent size shall be required.

G. Timing of Messages

1. A sign that is converted to Trivision or equivalent technologies, or message signs, or any other types of signs with changeable messages, shall display said messages for ten (10) continuous seconds or more without interruption. The Department may adjust the timing of messages based on public safety concerns.

290 R.I. Code R. 290-RICR-30-00-1.7

Amended effective 11/28/2018