A.
The purpose of this article is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It is intended to
encourage the use of signs as a means of communication, to protect
pedestrian and vehicular safety, to protect property values, to create
a more attractive economic and business climate, to enhance and protect
the physical appearance of the community, to preserve the scenic and
natural beauty, to provide for the safety of road passage, and to
enhance the Town of Coxsackie's ability to attract sources of economic
development and growth.
B.
The Town Board desires to address the establishment, placement, construction,
enlargement, and erection of signs on a comprehensive Town-wide basis,
rather than on the present ad hoc basis. In order to further this
purpose, it is important that location, size, appearance, illumination,
traffic safety, height, construction and quality, among other things,
be reviewed in considering the health, safety and welfare of the residents
of the Town of Coxsackie.
C.
It is further the purpose of this article to reduce sign or advertising
distractions and obstructions that may contribute to traffic accidents,
reduce hazards that may be caused by overhanging or projecting signs
over public rights-of-way.
D.
It is further the purpose of this article to prevent and avoid serious
detrimental environmental, planning and economic concerns in order
to effectuate solutions to those serious and detrimental conditions
which threaten the Town of Coxsackie by allowing degradation of its
significant environmental and agricultural resources and in order
not to undermine the conscious and continuous determination by the
Town to resolve and lessen such threats to the health, safety and
welfare of the citizens of the Town of Coxsackie.
As used in this article, the following terms shall have the
meanings indicated:
A sign painted on, printed on, or attached flat against the
surface of an awning made of canvas or fabric or similar material,
which is affixed to a building and projects therefrom. Such signs
may or may not be fixed or equipped with a mechanism for raising and
holding an awning in a retracted position against the building. An
awning sign shall only display the business name and graphic logo.
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.
An electronic sign or display which uses changing lights
to form a sign message or messages wherein the sequence of messages
and the rate of change is electronically programmed and can be modified
by electronic processes for the purpose of conveying a variety of
messages and/or advertisements by means of moving text or image.
A self-supporting sign resting on, or supported by means
of poles, posts, or standards.
Any sign illuminated by electricity, gas or other artificial
light, either from the interior or exterior of the sign, and which
includes reflective and phosphorescent light.
Any sign attached to a marquee for the purposes of identifying
a theater or movie house.
A sign attached to a brick, stone, or masonry wall or structure
that forms a supporting base for the sign display.
A sign unrelated to a business or profession conducted, or
to a commodity or service sold or offered, upon the premises where
such sign is located.
A sign related to a business or a profession conducted, or
to a commodity or service sold or offered, upon the premises where
such sign is located.
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 no more than 15 inches from the surface
to which it is mounted, nor project above the wall, roofline, or surface
to which it is mounted, nor in any way interfere with normal pedestrian
or vehicular traffic. A minimum height clearance of 10 feet is required.
A three-dimensional sign built so as to physically represent
the object advertised.
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, representation, 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 matrix and sign components, on one sign structure.
The distance from the highest portion of the sign to the
mean grade at the base of the sign. In the case of a sign located
on an isolated mound, height shall be measured to the original grade.
The supports, uprights, bracing and framework for the sign.
In case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign. In
the event that the angle formed between any two of the sides or the
projections thereof is less than 30°, the sign shall be considered
a double-sided single sign.
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 for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign, unless specified otherwise in the Town Code.
A group of commercial establishments planned, constructed
or managed as a single entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
A sign that is not permanently affixed to a building or the
ground for a period not to exceed 45 days in any calendar year, unless
specified by the Town Code.
Any vehicle and/or trailer to which a sign is affixed in
such a manner that the carrying of the sign is no longer incidental
to the vehicle's purpose but becomes the primary purpose of the vehicle.
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 mounted or painted on a window, or inside a structure,
such that it is intended to be seen through a window from the outside.
Erection or maintenance of the following signs is prohibited
within the Town of Coxsackie:
A.
Abandoned or discontinued signs or signs that the Building Inspector/Code
Officer determines are unsafe, unsecured or are a menace to the public.
B.
Signs that attempt or appear to attempt to direct the movement of
traffic or which interfere with, imitate or resemble any official
traffic sign, signal or device.
C.
Signs which prevent the driver of a vehicle from having a clear and
unobstructed view of official signs and approaching or merging traffic.
No sign(s) whose design, color or placement impairs visibility or
causes confusion to vehicular or pedestrian traffic shall be allowed.
D.
Signs which move or have animated or moving parts, except those giving
public service information such as time, date, temperature, weather
or similar information.
E.
Signs erected or maintained upon trees, or painted or drawn on rocks
or other natural features, or signs painted or otherwise placed upon
the bed of a road.
F.
No signs or sign supports shall be placed upon the roof of any building.
G.
All internally lighted freestanding signs in other than MU, C, CI
and I zoning districts.
[Amended 4-9-2013 by L.L. No. 1-2013]
H.
All off-premises, commercial signs.
The following signs are exempt from the requirements of this
chapter. The following signs may be erected and maintained without
a permit or fee, provided that such signs comply with the general
requirements of this chapter:
A.
Providing consent of the property owner is obtained and that the
placement does not exceed 42 days prior to the relevant election or
event and no later than 10 days after said election or event:
[Amended 4-9-2013 by L.L. No. 1-2013]
(1)
Political posters, banners and similar signs not exceeding 32 square
feet.
(2)
Signs or other promotional devices, relating to a special event,
festival, or similar activity sponsored by public or nonprofit agencies,
not exceeding 32 square feet.
(3)
Safety, directional, historical markers, or other types of signs
erected and maintained by a public agency, or agricultural notices
required to be posted or displayed by federal, state or county regulation.
B.
When not associated with a commercial activity, all historical or
memorial markers as well as flags, insignia or emblems of any government
or religious organization.
C.
Externally illuminated or nonilluminated signs advertising the sale,
lease or rental of the premises upon which the sign is located; one
such sign shall be permitted, not to exceed four square feet in area
in residential zoning districts. In commercial and industrial districts,
one sign not to exceed 16 square feet in area shall be permitted.
All such signs shall be set back 10 feet from a public right-of-way.
[Amended 4-9-2013 by L.L. No. 1-2013]
D.
Signs denoting the name and address of the occupants of the premises,
which signs shall not exceed four square feet in area and be set back
at least 10 feet from the public right-of-way.
E.
Temporary signs denoting the architect, engineer, or contractor placed
on premises where construction, repair, or renovation is in progress,
which signs shall not exceed 12 square feet in area in nonresidential
zoning districts and not exceeding six square feet in area in residential
zoning districts and set back at least 10 feet from the public right-of-way.
There shall be one such sign per parcel.
F.
One on-premises sign, either freestanding or attached, in connection
with any residential building in a zoning district which permits home
occupations, not to exceed eight square feet. Such sign shall state
name, vocation and telephone number only.
G.
Signs used to post lands in accordance with the New York State Environmental
Conservation Law.
H.
Holiday decorations.
I.
Signs used for a roadside stand selling agricultural produce grown
on the premises in season, providing that such sign does not exceed
16 square feet in area and be set back at least 10 feet from the public
right-of-way. One such sign shall be permitted.
J.
Private owner merchandise sale signs for garage sales and auction,
not exceeding six square feet and one in number for a period not exceeding
seven days in any one calendar year. One such sign shall be permitted.
K.
Gasoline station signs attached on gasoline pumps, displaying the
price of fuel not exceeding two square feet; however, the total size
of price, logo and any other signage on a pump shall not exceed a
combined total of three square feet.
L.
The reference to residential districts shall include RA-1, RA-2,
RR, HDR-1, HDR-2, and WR and the reference to nonresidential shall
refer to MU, C, I, CI Districts, unless specifically referred to differently
herein.
A.
All signs of a temporary nature, except as otherwise provided by
this chapter, shall be permitted for a period not exceeding 30 days
prior to the activity or event advertised and not exceeding 10 days
after the activity or event. Such signs will not exceed 12 square
feet in area in nonresidential districts or six square feet in residential
districts.
B.
All persons requesting a temporary sign which exceeds 16 square feet
in area shall apply for a permit, with the Town Clerk, at least five
days prior to the date that the sign is to be erected. The Building
Inspector/Code Officer shall then have an opportunity to review said
application and the location and size of the sign to insure that the
same does not cause a threat to public health and safety. If the temporary
sign is less than 12 square feet in area, no such registration and
review through application will be required. In this situation, the
Building Inspector/Code Officer will not refer the application to
the Planning Board.
Sign surface area requirements. The number of signs permitted
and the sign surface allowed are set forth hereafter and is related
to, among other things, the frontage of the parcel along the road
and/or right-of-way, the size and speed limit of the roadway on which
the lot is located and the zoning district in which the property is
located.
A.
Nonresidential districts. Properties located in the MU, C, CI, and
I Districts shall meet the following standards of this section.
(1)
Maximum cumulative sign area. The total cumulative area of all signs
permitted in nonresidential districts may not exceed the maximums
provided in the table below.
(a)
Double-sided signs. If a sign is double faced, only one side
of the sign is used to calculate maximum cumulative sign area.
|
Maximum Cumulative Sign Area
| ||||||
|---|---|---|---|---|---|---|
|
Parcel Road Frontage
| ||||||
|
Zoning District
|
Less than 100 feet
|
100 to 200 feet
|
200 to 300 feet
|
300 to 400 feet
|
400 to 500 feet
|
500 feet or more
|
|
Mixed Use
|
25
|
35
|
55
|
65
|
75
|
75
|
|
Commercial
|
35
|
50
|
65
|
80
|
100
|
100
|
|
Corridor Industrial
|
35
|
50
|
65
|
80
|
150
|
150
|
|
Industrial
|
35
|
50
|
65
|
80
|
100
|
100
|
(2)
Number of permitted signs. In the MU, C, I, CI Districts may have
one on-site freestanding sign or monument sign and one other sign.
Window signs and awnings may be in addition to the two-sign maximum.
(3)
Sign standards. The following limits on size, height and illumination
in the table below apply to all sign types:
|
Sign Size, Height and Illumination
| |||
|---|---|---|---|
|
Sign Type
|
Maximum Sign Area
|
Maximum Height
| |
|
Awning
|
Lettering may not exceed 8 inches in height
|
At awning height
| |
|
Freestanding
|
50 square feet
|
15 feet
| |
|
Monument
|
50 square feet
|
8 feet
| |
|
Projecting
|
15 square feet
|
Not to exceed eave line or top of parapet wall of principal
building, whichever is lower
| |
|
Wall
|
1 square feet per linear foot of lot frontage up to a maximum
10% of facade
|
Not to exceed eave line or top of parapet wall of principal
building, whichever is lower
| |
|
Window
|
Not to exceed 25% of the window area; neon lighting shall not
be more than 3 square feet provided there is only one such sign in
a window
|
N/A
| |
B.
Shopping centers, malls, multiple use locations.
(1)
Signs in shopping centers/malls or multiple use locations:
(a)
Each shopping center, mall or multiple use location shall be
authorized one freestanding double-faced sign no more than 75 square
feet in area on a side; however, if such a sign is a single-faced
sign, it shall not exceed 100 square feet in area. Such a sign shall
be set back from the highway or road right-of-way at least 25 feet
and shall not be placed within 25 feet of a parcel's boundary lines.
Such signs shall not exceed 15 feet in height from the ground to the
top of the sign nor shall it have moving parts or flashing lights.
(b)
Each tenant shall be authorized a wall sign; however, such sign
shall not exceed 5% of the facade of the portion of the shopping center
leased by the tenant and shall not exceed a maximum of 100 square
feet. Such signs shall not exceed the height of the facade. If the
space such tenant occupies has more than one side of the enclosed
mall building and therefore more than one facade, the tenant shall
be authorized a maximum of two signs to be placed on the building
facade; the total area of both signs shall not exceed 5% of the total
facade area.
(c)
All signs shall be of a uniform, harmonious design and shall
be securely affixed to the facade of the building.
(2)
Where more than one business is located on the same property or on
contiguous or adjoining lots, one common freestanding sign directory
shall be permitted. In determining the maximum sign area, the total
frontage of both contiguous lots shall be considered. The combining
of signs on one common sign directory shall be encouraged. In the
event of contiguous lots sharing a directory, the side yard setbacks
shall be measured for the combined property boundary lines.
(3)
The location of the signs from the road and also from other signs
shall be reviewed by the Planning Board considering the standards
set forth herein, with the goal to have the signs appear uniform,
are easy to read, and not be distracting to either pedestrians and/or
drivers.
(4)
Common signage plans.
(b)
A common signage plan conforming to the provisions of this section,
shall be allowed a 25% increase in the maximum total sign area for
each included lot, based on the Town's review of the following:
[1]
An accurate plot plan of the lot, to scale.
[2]
Location of buildings, parking lots, and driveways.
[3]
Computation of the maximum total sign area for the individual
signs, the height of signs and the number of freestanding signs.
[4]
An accurate indication of each present and proposed sign.
[5]
Specifications for all signs on the lots with regard to color
scheme, lettering or graphic style, lighting, materials and sign proportions.
C.
Properties located in the RA-1, RA-2, RR, HDR-1, HDR-2, and WR Districts,
utilized for commercial or business purposes:
(1)
In the event a property in the aforementioned district is being utilized
for a commercial or business purpose after having first received all
required permits, on-premises signs advertising said business shall
be permitted. The maximum number of signs on a lot shall not exceed
two, of which only one may be freestanding. The total cumulative area
of all signs permitted on such lot shall be 16 square feet. In the
event of a double-sided sign, a total sign area of 16 square feet
per side shall be permitted.
(2)
The maximum height above grade level of the road shall be eight feet.
(3)
The location of the signs from the road and also from other signs
shall be reviewed by the Planning Board considering the standards
set forth herein, with the goal to have the signs appear uniform,
be easy to read and not be distracting to either pedestrians or drivers.
Should any sign be or become unsafe, unsightly, damaged, in
danger of falling, or is a menace to the public, the owner thereof
or the person maintaining the same shall, upon receipt of written
notice from the Building Inspector/Code Officer, proceed at once to
put such sign in a safe and secure condition, renovate or remove the
sign; provided, however, that if such a situation is not corrected
within 90 days from the date of receipt of written notice, the Building
Inspector/Code Officer shall correct the situation or have it corrected,
with the costs assessed to the property's Town tax bill.
A nonconforming sign lawfully existing at the time of the effective
date of this chapter can continue:
B.
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign. If the sign is taken down at any point, it will
need to be replaced with a conforming sign.
C.
An off-premises, commercial advertising sign legally erected prior
to the effective date of this chapter must come into compliance with
this chapter within five years of adoption of this chapter.
A.
Prior to erection or placement of any sign, except exempt or temporary
signs under this chapter, subsequent to the effective date of this
chapter, the property owner upon whose property such sign is to be
erected or placed or other individual or entity that is desirous of
erecting or placing such sign shall apply for and obtain a permit
from the Town of Coxsackie, authorizing erection or placement of such
sign, under the regulations and procedures set forth below.
B.
Application procedure. Application shall be made, in writing, to
the Building Inspector/Code Officer on forms prescribed and provided
by the Town of Coxsackie and shall contain the following information:
(1)
Name, address and telephone number of the applicant and of the owner
of the property.
(2)
Location of the building, structure or land upon which the sign is
to be erected.
(3)
Elevation and plan drawings to scale should be included. In addition,
a full description of the placement and appearance of the proposed
sign should be included and should cover the following:
(a)
Location on the premises; specifically, its position in relation
to adjacent buildings, structures and property lines.
(b)
The method of illumination, if any, and the position of lighting
or other extraneous devices, and a copy of the electrical permit related
to the electrical connections.
(c)
Graphic design, including symbols, letters, materials and colors.
(d)
The visual message, text, copy or content of the sign.
(e)
The location of other signs on the lot or adjoining lots.
(f)
The size of the parcel on which the sign is proposed, including
the frontage on the road and the name of the road.
(4)
Written consent or a copy of the contract made with the owner of
the property upon which the sign is to be erected.
(5)
Written consent of the owner for the Town of Coxsackie, by way of
its agents, to enter the property to effectuate and enforce this article.
C.
Permit:
(1)
Upon the filing of a completed application for a sign permit and
the payment of the required fee as set by the Town of Coxsackie Fee
Schedule, [1]the Building Inspector/Code Officer shall examine the plans,
specifications, and other data submitted and the premises on which
the sign is to be erected or now exists. If it shall appear that the
sign is in compliance with all the requirements of this article, he
shall then, within 30 days, submit such application to the Planning
Board for its review in accordance with the construction standards
and criteria set forth hereafter.
[1]
Editor's Note: The Fee Schedule is on file in office of the
Building Inspector/Code Officer.
(2)
The Planning Board shall review the application with the applicant
and the Building Inspector/Code Officer and shall either issue or
deny said permit for the erection of the proposed sign within 30 days
thereafter. The issuance of a permit shall not excuse the applicant
from conforming to the other laws and ordinances of the municipality
or any and all laws or ordinances of the state or county where the
property is located.
(3)
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance, the
permit shall become null and void but may be renewed within 30 days
prior to the expiration, for good cause shown, for an additional six
months, upon payment of the original fee.
(4)
Every sign shall bear the permit number, permanently and visibly
shown. Failure to do so shall constitute cause for revocation of the
permit.
D.
Construction review standards:
(1)
All illuminated signs shall be constructed in conformance with the
Standards for Electric Signs (U.L. 48) of the Underwriters Laboratories,
Inc. All transformers, wires and similar items shall be concealed.
All wiring to freestanding signs shall be underground. The illumination
both internal and external shall be subject to the review of the Planning
Board to insure public health and/or safety.
(2)
All signs and their structures shall be securely anchored and constructed
to prevent lateral movement that would cause wear on supporting connections.
Freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(3)
All signs shall not be considered "structures" for the purpose of
determining the minimum side, front and back setback requirements.
The setback from the road shall be reviewed and approved by the Planning
Board, considering the location of the sign, adjoining properties,
the road on which the sign exists, the speed limit on the road and
the nature and character of the neighborhood surrounding the sign.
(4)
Both the signs and the sign structure/base shall be constructed and/or
placed as to not impair visibility to motorists or interfere with
pedestrian walkways or pedestrians' clear view of traffic.
(5)
Signs should be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed.
E.
Permit period and fees. The fee for an initial permit will be set
by the Town of Coxsackie Fee Schedule[2] per sign. The permit is nontransferable and is only for
the original applicant. The fees are promulgated by the Town Board
to defray the expenses of administration, compliance and enforcement
of the provisions herein and may be modified by the Town Board as
it deems necessary.
[2]
Editor's Note: The Fee Schedule is on file in office of the
Building Inspector/Code Officer.
In the event of a violation of any provision of this chapter,
the Building Inspector/Code Officer shall give written or personal
notice, specifying the violation, to the owner of the sign and/or
the owner of the land upon which the sign is erected. The sign shall
be conformed within 30 days from the date of the notice. In the event
that such sign does not conform within said 30 days, the Building
Inspector/Code Officer shall revoke the permit, and such a sign shall
be removed by the owner of the sign or the owner of the land. After
the second thirty-day period, the Building Inspector/Code Officer
may cause the removal of the nonconforming sign and assess all costs
and expenses incurred in said removal or repair against the land or
building on which the sign is located.
Any property owner or other person, firm, corporation or other
entity that shall establish, place, construct, enlarge or erect any
sign in violation of the provisions of this article, or allow for
same, or shall otherwise violate any of the provisions of this article,
or allow for same, shall be subject to:
A.
A fine of not more than $1,000 or by imprisonment for not more than
10 days, or both. In addition, any property owner or other person,
firm or corporation, or other entity, who violates any of the provisions
of this article or regulations established hereunder or who shall
omit, neglect or refuse to do any act required thereby, shall severally,
for each and every violation, forfeit and pay a civil penalty not
to exceed $100 a day for each day of continued violation in excess
of one week.
B.
Injunctive relief in favor of the Town of Coxsackie to cease any
and all such actions which conflict with this article and, if necessary,
to remove any construction which may have taken place in violation
of this article.
This article shall be enforced by the Town of Coxsackie Building
Inspector/Code Officer or by a designee of the Coxsackie Town Board.
