The purpose of these regulations is to encourage the effective
use of signs as a means of communication; to improve
pedestrian and traffic safety; to maintain and enhance the aesthetic
environment; to minimize the possible adverse effects of unattractive,
excessive or improperly located signage on nearby public and private
property; to create a more attractive economic business environment;
and to enable the fair and consistent enforcement of sign restrictions.
A sign may be erected, placed, established,
painted, created or maintained in the town only in conformance with
the standards, procedures, exemptions and other requirements of this
section. All signs not expressly permitted by this
section are prohibited. The effect of this section, as more specifically
set forth herein, is:
11.2.1
To establish a permit system to allow a variety of types of signs, subject to the standards and the permit procedures
of this chapter;
11.2.2
To allow certain information signs that are small,
unobtrusive and incidental to the principal use of
the respective lots on which they are located (subject
to the substantive requirement for permits); and
11.2.3
To provide for the enforcement of the provisions of this section.
The following three Schedules are hereby adopted and declared
to be a part of this chapter:
11.3.1
Permitted sign type. Regulations regarding the permitted sign types are as set forth in the annexed "Schedule of
Permitted Sign Types."[1] Signs that are not specifically permitted
in the schedule or elsewhere in this chapter shall be deemed to be
prohibited.
[1]
Editor's Note: The Schedule of Permitted Sign Types is located
at the end of this section.
11.3.2
Permitted sign number, height and setback. Regulations
regarding the number, height and setback of signs permitted are as set forth in the annexed "Schedule of Permitted
Sign Number, Height and Setback."[2]
[2]
Editor's Note: The Schedule of Permitted Sign Number, Height
and Setback is located at the end of this section.
11.4.1
Measurement of area of individual signs. The area
of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by measuring of the smallest
square, circle, rectangle or triangle that will encompass the extreme
limits of the writing, representation, emblem or other display, together
with any material or color forming an integral part of the background
of the display or used to differentiate the sign from
the backdrop or structure against which it is placed,
but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise
complies with this chapter and is not an integral part of the display
itself.
11.4.2
Measurement of area of multi-faced signs. The sign area for a sign with more than one
face shall be computed by adding the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed
from any point at the same time and when such sign faces are part of the same sign structure and are
not more than 24 inches apart, the sign area shall
be computed by the measurement of one of the faces.
11.4.3
Computation of height. The height of a freestanding sign shall be computed as the distance from the base of the sign at average finished grade to the top of the highest attached component
of the freestanding sign. "Average finished grade"
shall be the newly established grade after construction, exclusive
of any filling, berming, mounding or excavating solely for the purpose
of locating the sign.
11.5.1
Requirements and restrictions. Signs shall only
be permitted in conformity with § 246-11.3.1.
11.5.1.1
The letter "P" indicates districts in which a certain sign type is permitted without prior permit approval.
11.5.1.2
The letters "SP" indicate districts in which a certain sign type is permitted only with prior permit approval.
11.5.1.3
The letters "NP" indicate districts in which a certain sign type is not permitted.
11.5.2
If a sign requiring a permit in accordance with
§ 246-11.3.1 is to be placed, constructed, erected or modified
on a lot, the owner of the lot shall
secure a sign permit prior to the construction, placement,
erection or modification of such a sign in accordance
with the requirements of § 246-11.11.
11.5.3
Although permitted under § 246-11.5.1, a sign designated by a "P" or "SP" in § 246-11.3.1 shall be allowed
only if:
11.5.3.1
The sign area, size, location, height, setback
and number of signs on the lot conform
with the requirements of this section.
11.5.3.2
The sign does not cause a danger to either
pedestrian or vehicular traffic by obscuring views or emitting light
or glare which could impair vision or be mistaken for a traffic signal.
11.5.4
No sign shall be erected in the public right-of-way
except as follows:
11.5.4.1
Public signs, including notification
signs, erected by or on behalf of a governmental body to
post legal notices, to identify public property, to convey public
information and to direct or regulate pedestrian or vehicular traffic.
11.5.4.2
Bus stop signs erected by a public transit
company.
11.5.4.3
Information signs erected by a public utility
regarding its poles, lines, pipes or facilities.
11.5.5
The permitted number, height and sign area for information signs on a lot shall be no
more than is necessary to clearly communicate the directive indicated
on said sign or signs.
11.5.6
Any suspended, projecting, canopy or marquee
sign shall have a minimum vertical clearance of 10 feet above
finished grade.
11.5.7
No sign permit shall be required for any sign in lawful existence on the date on which the provisions
of this section become effective, unless a permit application for
additional site signage is made.
11.6.1
The following temporary signs are permitted without
a sign permit:
11.6.1.1
Signs containing the message that the real
estate on which the sign is located (including structures) is for sale, lease or rent, together with information
identifying the owner or agent, telephone number and, if desired,
offering price. The minimum setback of such sign shall
be 20 feet or 1/2 the distance from the front lot line to the front of the building, whichever is less.
Such signs placed in a residential zoning district
shall not exceed four square feet in area nor 30 inches in any dimension
and shall be removed immediately after sale, lease or rental. Such signs placed in all other zoning districts shall not exceed
16 square feet in area nor five feet in any dimension.
11.6.1.2
Displays with no commercial message, including
lighting, erected in connection with the observance of holidays.
11.6.1.3
Temporary signs containing expressive, noncommercial
content, including but not limited to, political campaign signs, may be displayed for a period not to exceed 135 consecutive
days. In the case of political campaign signs only,
such signs may be displayed no sooner than 120 days
prior to the election, and must be removed no later than 15 days following
the election. No such temporary expressive sign, including
any campaign sign, shall exceed 64 square feet in
surface area or be located within a public road or right-of-way.
[Amended 12-13-2016 by L.L. No. 6-2016]
11.6.1.4
Notification signs as required by this chapter.
11.6.1.5
Temporary signs not covered in the foregoing
categories, provided such signs conform with the
following restrictions:
11.6.1.5.1
Not more than one such sign may be located
on any lot or for any business.
11.6.1.5.2
No such sign shall exceed 10 square feet in
surface area.
11.6.1.5.3
No such sign shall be displayed for longer
than seven consecutive days, nor more than 10 days in any thirty-day
period.
11.6.2
The following temporary signs are permitted, provided
the applicant secures a sign permit
in accordance with the requirements of this chapter:
11.6.2.1
Signs identifying building construction and/or residential subdivision sites. Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors and the funding
sources and may contain related information, including but not limited
to sale or leasing information. One such sign is
permitted for each road frontage, provided that such sign does not exceed 24 square feet in area nor more than
five feet in any dimension.
The minimum setback of such sign shall be 20
feet or 1/2 the minimum front setback distance, whichever
is less. In no case shall such signs be erected prior
to the issuance of a building permit, and such signs shall be removed immediately upon issuance of the
certificate of occupancy for the building or buildings to be erected.
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11.6.2.2
Signs indicating a special event sponsored
by or for a not-for-profit or charitable organization that is to take
place in a different location than where the sign is located. Such signs may be erected not sooner
than two weeks before the event and must be removed not later than
three days after the event's conclusion. In no case shall such signage
be maintained for more than 30 days in any year or exceed 40 square
feet in area. The location and setback of such signs shall be as determined appropriate by the Department of Planning
and Development and any duly authorized assistants.
11.6.2.3
Other signs not listed herein shall be regarded
and treated in all respects as permanent signs.
The following signs shall be exempt from regulation
under this section:
11.7.1
Any public notice or warning required by a valid federal, state or
local law or regulation, including notification sign posted in accordance with the requirements of this section.
11.7.2
Any sign inside a building, which
is not attached to or within four feet of a window or door and is
not legible more than three feet beyond the face of the window.
11.7.3
Traffic control signs on private property, such
as "STOP," "YIELD," "ONE-WAY" and similar signs,
the face of which meets New York State Department of Transportation
standards and which contains no commercial message of any sort.
11.7.4
Address numbers on property used only for residential purposes.
11.7.5
Any sign identifying a permitted home office not more than two feet in area.
All signs shall be designed, constructed and
maintained in accordance with the following standards:
11.8.1
Except for temporary and banner signs conforming in all respects with the requirements of this section,
all signs shall be constructed of permanent materials
and shall be permanently attached to the ground, a building or a structure.
11.8.2
All signs shall be attractively designed and properly
maintained in accordance with the property maintenance provisions
of this chapter, and shall be kept in sound structural condition,
in compliance with all applicable codes and laws.
The source of illumination of signs shall not
be visible and shall comply with the site design standards of this
chapter.
11.10.1
Any sign identified as "SP' in § 246-11.3.1
shall be erected, installed, modified or created only in accordance
with a duly issued and valid sign permit from the
Department of Planning and Development. Such permits shall be issued
only in accordance with the requirements and procedures as set forth
by the Department of Planning and Development and shall expire one
year from date of issue if said sign is not complete.
11.10.2
Permit for new sign or sign modification.
An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings showing the dimensions,
design, structure, location and other related information
with respect to each such sign.
11.10.3
Permit fee. No permit shall be issued until payment of a fee calculated
at $0.75 per square foot, when measuring the greatest height by the
greatest width for each face of the sign, with a
minimum fee of $25.
All applications for sign permits under this
section shall follow the procedures established by the Department
of Planning and Development.