[HISTORY: Adopted by the Town Board of the Town of Oneonta 11-10-1993 by L.L. No.
7-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
76, Signs, adopted 10-14-1975, as amended. The preamble to L.L. No.
also provided that, to the extent §§ 267-a and 267-b
of the Town Law are inconsistent with the local law, such sections
are superseded by the local law.
The purpose of this chapter is to regulate signs in the Town
of Oneonta in order to enhance property values, encourage commerce,
improve safety and traffic flow and preserve the scenic and natural
beauty of the Town. The regulations herein are intended to promote
attractive signs that clearly present the visual message in a manner
that is compatible with its surroundings. No regulation in this chapter
is intended as limiting the written or representational matter on
the sign.
As used in this chapter, the following terms shall have the
meanings indicated:
A double-faced sign with two panels which are identical in
size and content or a V-type sign, each panel of which is identical
in size and content and forms an angle at the vertex of less than
5°.
A sign on which the visual message may be periodically changed.
A sign limited to providing information on the location of
an activity, business or event.
A sign that changes its message or copy at intervals by programmable
electronic, digital, or mechanical processes or by remote control.
[Added 10-11-2017 by L.L.
No. 5-2017]
To construct, reconstruct, alter, build, raise, assemble,
place, fix, affix, attach, create, paint, draw, post, display, or
in any way bring into being or establish. The term shall not include
ordinary/customary maintenance.
[Added 10-11-2017 by L.L.
No. 5-2017]
The vertical front or main surface of a building and all
surfaces on the structure parallel or nearly parallel to said surface.
Such surfaces include solid walls, doors and windows, porches, billboards
and roofs. Normally, a building will have only one facade, which will
be the wall facing the street.
[Amended 10-11-2017 by L.L. No. 5-2017]
Any sign not attached to or part of any building, but separately
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of the sign. Illumination
includes reflective and phosphorescent light.
To alter or change a sign in any manner that prolongs the
useful life of the sign, including, but not limited to, the following:
[Added 10-11-2017 by L.L.
No. 5-2017]
Raising or lowering a sign.
Changing the location of a sign.
Changing the materials of a sign.
Changing the dimensions of a sign (length, width, height, depth,
number of faces, or clearance between the bottom of the sign and the
ground on which it is standing).
Adding lighting to a sign.
Replacing a dismantled sign.
Adding bracing, guy wires or other reinforcing devices which
would prolong the useful life of the sign.
Moving the existing sign.
A sign unrelated to a business or a profession conducted
or to a commodity or service sold or offered upon the premises where
such sign is located.
[Amended 10-11-2017 by L.L. No. 5-2017]
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
A sign which is attached to the building wall or structure
and which extends horizontally more than 18 inches from the plane
of such wall or a sign which is perpendicular to the face of such
wall or structure.
A three-dimensional sign built so as to physically represent
the object advertised.
A freestanding portable sign consisting of two rigid boards
connected.
[Amended 10-11-2017 by L.L. No. 5-2017]
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors or on
the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, misrepresentation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or projections thereof
exceeds 30°, each side shall be considered a separate "sign structure."
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background or part of the display. With
the exception of back-to-back signs, all faces of a multi-faced sign
shall be included in calculating total sign surface area.
A sign used for no more than 30 days and related to a single
activity or event.
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall and not extending more than 15 inches from the face of such wall.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
All permanent signs, including permanent exempt signs as listed
below, shall conform to the following requirements:
A.
All signs shall be constructed of materials of such quality and workmanship
as will withstand wind and weather so as not to present a hazard to
persons or property. All signs shall be maintained in a safe, presentable
and good structural condition by either replacement of defective parts,
painting or replacement of deteriorated surfaces or any other action
deemed necessary for proper maintenance of the sign.
B.
No sign, sign support or light for a sign shall be affixed to or
suspended over a right-of-way of a public road, temporarily or permanently.
No sign shall be suspended less than eight feet above a walkway.
C.
Lights directed on or constituting part of sign shall not cause a
glare or nuisance to pedestrians, neighbors or vehicular traffic.
A.
The following types of signs may be erected and maintained without
permits or fees, provided that such signs comply with the general
requirements of this chapter and with the specific safety regulations:
(1)
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection cut into any masonry surface
or when constructed of bronze, stainless steel or similar material;
and emblems installed by governmental agencies, religious or nonprofit
organizations; not exceeding six square feet.
(2)
Flags and insignias of any government, religious organization or
not-for-profit organization except when displayed in connection with
commercial promotion.
(3)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, internally illuminated or nonilluminated,
not exceeding four square feet per face and six feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
(4)
Nonilluminated warning, private drive, posted or no-trespassing signs,
not exceeding two square feet per face.
(5)
Nonilluminated number and name plates identifying residents, mounted
on a house, apartment or mailbox, not exceeding one square foot in
area.
(6)
Lawn signs identifying residents, not exceeding two square feet.
Such signs are to be nonilluminated except by a light which is an
integral part of a lamppost if used as a support with no advertising
message thereon.
[Amended 10-11-2017 by L.L. No. 5-2017]
(7)
Private owner merchandise sale signs for garage sales or auctions,
not exceeding four square feet and posted for a period not exceeding
seven days.
(8)
Temporary nonilluminated "For Sale," "For Rent" and other real estate
signs, concerning the premises upon which the sign is located. In
a Residential or Residential-Agricultural Zoning District, one sign
not exceeding four square feet per side. In all other districts, one
sign not exceeding 50 square feet of surface area, set back at least
15 feet from all property lines. All such signs shall be removed within
three days after the sale, lease or rental of the premises.
(9)
One temporary sign for a roadside stand selling agricultural produce
in season, provided that such sign shall not exceed 12 square feet
in surface area and that it shall be set back at least 10 feet from
the public right-of-way.
(10)
Temporary nonilluminated window signs, not exceeding 25% of the window
surface to be displayed for a maximum of 30 days.
[Amended 10-11-2017 by L.L. No. 5-2017]
(11)
Holiday decorations or displays, including lighting.
(12)
At gasoline stations, integral graphics or attached price signs on
gasoline pumps.
(13)
Directional signs for meetings, conventions and other assemblies,
not exceeding six square feet in surface area. Such signs shall be
in place for a period of no more than 10 days and shall be removed
within three days following the end of the scheduled event.
(14)
One sign, with total surface area not exceeding six square feet in
residential districts or 16 square feet in business and industrial
districts, listing the architect, engineer, contractor and/or owner,
on premises where construction, repair or renovation is in progress.
Such signs shall be removed no later than one week after the construction,
repaid or renovation ends.
(15)
Political posters, signs promoting a noncommercial cause or activity
or not-for-profit fundraising devices, not larger than six square
feet per surface in residential districts or 16 square feet per surface
in business or industrial districts. Such signs shall bear the name
and address of the person responsible for their removal, shall be
in place for no more than 30 days and shall be removed no later than
one week after the advertised event ends.
[Amended 10-11-2017 by L.L. No. 5-2017]
(16)
Temporary off-premises directional signs for businesses, access to
which has been obstructed or otherwise interfered with by road construction.
Such signs shall be in place for no longer than three days following
the completion of construction.
[Added 8-4-2002 by L.L. No. 2-2002]
(17)
One grand opening sign upon the opening of a new business at the
business location, not to exceed 30 square feet, to be displayed for
a period of 30 days.
[Added 10-11-2017 by L.L.
No. 5-2017]
(18)
Temporary off-premises special promotion signage for Town and City
of Oneonta community events or not-for-profit fund-raising events.
Said signs shall not exceed 50 square feet in the Highway Development
District (HDD) or 16 square feet in all other districts (R-10, R-20,
RA-40, R-80, PDD, ID, ID-2, MHD). Said signs be placed no sooner than
30 days prior to an event, and shall be removed no later than three
days after the event.
[Added 10-11-2017 by L.L.
No. 5-2017]
B.
If such temporary signs as described in Subsection A(7), (8), (13), (14), (15), (16), (17), and (18) above are not removed by the end of the allowed time, the Code Enforcement Officer may provide for their removal and charge the removal costs to the advertising body.
[Amended 8-4-2002 by L.L.
No. 2-2002; 10-11-2017 by L.L. No. 5-2017]
A.
No sign, other than exempt signs, shall be constructed, erected, created or modified (except for copy change) without first obtaining a sign permit in accordance with § 76-7 below, except that a sign displaced as a result of road construction may be moved to a different location on the same premises, if not altered, upgraded or otherwise changed, without obtaining a new permit.
[Amended 8-4-2002 by L.L.
No. 2-2002; 10-11-2017 by L.L. No. 5-2017]
B.
Except as set forth in § 76-6G, no sign shall be illuminated by or containing flashing, intermittent, rotating or moving lights.
[Amended 10-11-2017 by L.L. No. 5-2017]
C.
No sign shall impair safety or visibility or cause confusion of vehicular
traffic in its design, color or placement. No sign shall impair visibility
for the motorist at a street corner or intersection by placement and
location within 25 feet of the intersection of the outside street
or highway lines nearest the proposed sign.
D.
No advertising message shall be extended over more than one sign
placed along a street or highway.
A.
Identification. On all freestanding signs installed after the effective
date of this chapter, other than exempt signs, the owner or installer
shall attach a permanent means of identification of the sign permit
number.
B.
Size of signs.
(1)
The portion of a sign frame or support containing, covered by or
painted with any written or representational matter shall be counted
as part of the permitted area of a sign. In those cases where a sign
lacks obvious boundaries (for example, a painted logo on a wall without
a painted boundary or background color to separate the sign visually
from the rest of the wall, or a message spelled out in metal letters
individually attached to a post), the sign area shall be computed
by superimposing the smallest rectangle, circle, triangle or combination
thereof that will encompass the extreme limits of the images and messages.
(2)
The sign surface area for a sign with more than one face shall be
computed by adding together the area of all sign faces, with the exception
of back-to-back signs, for which surface area shall be the sign surface
area of one face of the sign.
(3)
The maximum permitted total sign surface area of all signs on a parcel,
excluding exempt signs, shall be as follows:
(a)
Four square feet for sandwich boards.
[Amended 10-11-2017 by L.L. No. 5-2017]
(b)
In residential zones (R-10, R-20, RA-40, R-80, PDD-R and MHD), all signs are generally prohibited, with the exception of a sign identifying an approved use for home occupation consisting of a maximum total of two square feet, which sign must be attached to the facade of the house or affixed to a lamppost set back at least 15 feet from the front lot line of the parcel, or community and special events in accordance with § 76-4A(18).
[Amended 10-11-2017 by L.L. No. 5-2017]
(c)
In HDD and ID and ID-2 Districts, each use conducted within any building or upon any lot may have a business sign not to exceed a maximum of 250 square feet except that on corner parcels, the second allowed business sign shall not exceed 100 square feet. For shopping centers, as defined by the Code of the Town of Oneonta, Chapter 103, Zoning, the property owner shall be permitted one additional freestanding sign for the shopping center not exceeding 200 square feet in signage, which may list any or all businesses located in the shopping center.
[Amended 6-16-1995 by L.L. No. 6-1995; 1-10-1996 by L.L. No. 2-1996; 10-11-2017 by L.L. No. 5-2017]
(d)
In B-1 and B-2 Districts, the permitted maximum signage shall
be as follows:
[Added 6-16-1995 by L.L. No. 6-1995]
[1]
Each use conducted within any building or upon any lot may have
a business sign, provided that the area of each such sign shall not
exceed 100 square feet.
[Amended 10-11-2017 by L.L. No. 5-2017]
C.
Number of signs. In residential districts and mobile home districts, only a sign identifying an approved home occupation as permitted by § 76-6B(3)(b), community and special events in accordance with § 76-4A(18), or a sign displaying the name of the mobile home park shall be permitted. In all other districts, excluding exempt signs, each business shall be allowed one facade sign, and the parcel allowed one freestanding sign. In shopping centers, as defined in Chapter 103, Zoning, of the Code of the Town of Oneonta, one freestanding sign listing all businesses at the shopping center and one facade sign for each business shall be permitted. On corner parcels, the facade of the structure facing the second street shall be allowed a second facade sign subject to size requirements in § 76-6B(3)(c) and § 76-6B(3)(d)[1].
[Amended 8-10-1994 by L.L. No. 7-1994; 6-16-1995 by L.L. No. 6-1995; 10-11-2017 by L.L. No. 5-2017]
D.
Height of signs.
(1)
Signs attached to, painted on or part of the roof of any structure
may be no higher than the highest peak height of the main roof of
that structure.
(2)
Signs attached to a wall shall not extend above the highest habitable
portion of the building to which they are attached or project more
than 18 inches horizontally beyond the wall.
(3)
In all districts where signs are permitted, freestanding signs shall
not exceed 35 feet in height. The height of a freestanding sign shall
be measured from the top of the sign structure to the finished grade,
including any mounding, berming or filling solely for the purpose
of siting the sign.
[Amended 10-11-2017 by L.L. No. 5-2017]
E.
Freestanding signs. Freestanding signs, except those specified as exempt signs, must be located on the lot where the goods, services or functions announced by the sign occur. One nonexempt freestanding sign shall be permitted for each nonresidential or nonagricultural lot or parcel. If a single nonresidential, nonagricultural use occurs on adjacent lots or on lots across a road from one another, only one lot may have a nonexempt freestanding sign. Freestanding signs shall not exceed 250 square feet of surface area per face in HDD, ID, and ID-2 Districts, or 100 square feet in B-1 and B-2 Districts, except as permitted in § 76-6H.
[Amended 10-11-2017 by L.L. No. 5-2017]
F.
Illuminated signs. Illuminated signs are permitted in all districts,
except residential districts, provided that the illumination does
not create a hazard, glare or nuisance. All illumination on, directed
at, or part of a sign shall be turned off no later than one hour after
the close of business.
G.
Electronic signs. Electronic signs are permitted in all districts,
except residential districts, subject to the following:
[Added 10-11-2017 by L.L.
No. 5-2017[1]]
(1)
All electronic signs shall contain a default design that will freeze
the sign in one position or turn the sign off if a malfunction occurs.
(2)
If the Code Enforcement Officer or any inspector of the Code Enforcement
Office finds that an electronic sign or display causes glare or impairs
the vision of the driver of any motor vehicle or otherwise interferes
with the safe operation of a motor vehicle, upon request, the permit
holder shall within 24 hours reduce the intensity of the sign to a
level acceptable to the Code Enforcement Officer.
(3)
The permit holder shall provide the Code Enforcement Office with
contact information for a person who is available 24 hours a day,
seven days a week, to turn off the electronic sign promptly if a malfunction
occurs.
(4)
Electronic signs' display lighting shall not exceed 0.3 footcandle
over ambient light.
(5)
All illumination that is part of an electronic sign shall be turned
off no later than one hour after the close of business.
(6)
Electronic signs are limited to static messages of an eight-second
minimum duration.
(7)
Electronic signs shall not:
(a)
Emit any sound.
(b)
Cause beams or rays of light to be directed at any portion of
the traveled way, which beams or rays are of such intensity or brilliance
as to cause glare or to impair the vision of the driver of any motor
vehicle or otherwise interfere with the operation of a motor vehicle.
(c)
Obscure or interfere with the effectiveness of an official traffic
sign, device or signal, or cause an undue distraction to the traveling
public.
(d)
Contain more than one face visible from the same direction on
the traveled way.
(e)
Obscure or otherwise interfere with a motor vehicle operator's
view of approaching, merging, or intersecting traffic.
H.
Signs in shopping centers. In shopping centers, one common freestanding
sign denoting the name of the shopping facility shall be permitted,
not exceeding 200 square feet in total sign surface area, and with
bottom panel not less than eight feet above the grade.
I.
Off-premises signs. No off-premises signs shall be permitted other
than those allowed in the exempt signs provision of this chapter.
J.
Copy-change signs. Copy-change signs are permitted, provided that
they conform in all other respects with the provisions of this chapter.
K.
Portable signs. A new business or a business in a new location awaiting
installation of a permanent sign may use a portable sign for a period
of not more than 60 days or until installation of a permanent sign,
whichever occurs first. Such a portable sign must meet all the safety
regulations of this chapter. A separate permit for such a portable
sign shall be required.
L.
Removal of signs. All structural parts of signs no longer in use
shall be removed within six months. If such signs are not removed
within the allowed time, the Code Enforcement Officer may cause such
signs to be removed, with the removal costs charged to the property
owner. The Code Enforcement Officer may cause any sign which is a
source of immediately peril to persons or property to be removed immediately
and without notice, with the removal costs charged to the property
owner.
M.
Temporary nonilluminated banner signs displaying or announcing special events, such as but not limited to grand openings, temporary sales or events of limited duration, may be obtained upon application to the Code Enforcement Officer for a permit, subject to the limitations set forth herein. Temporary nonilluminated banner signs displayed at temporary sporting and nonprofit events are exempt from the banner restrictions as set forth in this section. The Code Enforcement Officer is hereby authorized to issue temporary sign permits for such temporary nonilluminated banners or similar signs for a limited event upon application of the property or business owner. Such sign permit will specify any restrictions or safety conditions as may be deemed appropriate by the Code Enforcement Officer of the Town of Oneonta. In no event shall any one temporary banner sign permit exceed 30 days' duration. The fee for obtaining such temporary permit for the erection of banner-type signs shall be such fee as is established by resolution of the Town Board from time to time. Upon expiration of the temporary permit, such temporary banner sign shall be promptly removed by the property owner, and, in the event of a failure to do so, said property owner shall be subject to the penalties as set forth in § 76-10 hereof.
[Added 8-14-1996 by L.L.
No. 5-1996; amended 6-10-1998 by L.L. No. 6-1998; 7-12-2006 by L.L. No. 6-2006; 10-11-2017 by L.L. No. 5-2017]
Applications for sign permits shall be made in writing to the
Code Enforcement Officer on forms prescribed and provided by the Town.
Sign permits shall be issued by the Code Enforcement Officer.
A.
Contents of application. Each application shall contain the following
information:
(1)
Name, address and telephone number of the applicant and owner of
the property.
(2)
Location of the building, structure or lot upon which the sign is
to be located.
(3)
Elevation and plan drawings to scale and a full description of the
placement and appearance of the proposed sign, including:
(4)
Proof of liability insurance covering the sign.
(5)
Written consent of the property owner or a copy of the contract made with the owner of the property on which the sign is to be erected, if the applicant is not the owner. Such documents shall include acknowledgement of the property owner's responsibilities for cost of sign removal as specified in § 76-6L.
B.
Application fees. A fee, which will be fixed by the Town Board at
the time of adoption of this chapter and fixed periodically, shall
accompany each application for a sign permit. The fee for an applicant
for a sign permit who has constructed or erected the sign prior to
applying and receiving approval for the sign permit shall be greater
than the fee charged to an applicant who has not constructed or erected
the sign prior to receiving permit approval.[1]
[1]
Editor's Note: The current fee is on file in the Town
Clerk's and Code Enforcement Office.
A.
Every sign lawfully existing at the time of adoption of this chapter
may continue although not in conformity with the provisions herein,
provided that the owner of the sign has previously obtained a permit
from the Town of Oneonta for the sign.
[Amended 10-11-2017 by L.L. No. 5-2017]
B.
The owner of every nonconforming sign in existence at the time of
the adoption of this chapter shall apply for a nonconforming sign
permit within six months of the adoption of this chapter. Upon application
within the six-month period, the Code Enforcement Officer shall issue
a nonconforming sign permit to each nonconforming sign upon showing
by the owner that the sign existed prior to the adoption of this chapter.
C.
Any owner of a sign who does not have either a validly issued sign
permit or a nonconforming sign permit after six months from the adoption
of this chapter shall remove any sign from the premises upon which
it is constructed. A nonconforming sign shall not be enlarged or replaced
by another nonconforming sign.
D.
A nonconforming sign may be temporarily removed for normal maintenance
or painting if it is returned to its place within three months. A
nonconforming sign removed for more than three months shall be brought
into conformity before replacement. Changing the text of a nonconforming
sign shall be considered normal maintenance.
A special permit to exceed the restrictions as set forth in
this chapter may be granted by the Town Zoning Board of Appeals if
in its judgment it finds that the use for which such permit is sought
will not, in the circumstances of the particular case and under any
condition that the Board considers to be necessary or desirable, be
injurious to the area or otherwise detrimental to the public welfare.
The Board shall impose any conditions which it deems necessary to
protect the area. The Board, shall deny applications for a special
permit which in its judgment would prove detrimental to adjacent property.
The Board on application and after public notice and hearing, may
issue a permit complying with the general standards set forth as follows:
A.
That the chapter causes unique hardship because of the physical nature
(i.e., size, shape, location or topography) of the lot upon which
the sign is to be erected.
B.
Each special permit use must comply generally with regulations of
this chapter, for the district within which it is to be located.
C.
Each special permit use shall be of such character, intensity, size
and location that it will be in harmony with orderly development of
the district in which it is to be located.
