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
protect property values, create a more attractive economic and business
climate, enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce sign
or advertising distractions and obstructions that may contribute to
traffic accidents, reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way, provide more visual open
space, and curb the deterioration of the community's appearance and
attractiveness.
B.
This article is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with their
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their messages clearly
and simply to enhance their surroundings.
As used in this chapter, the following terms shall have the
meanings indicated:
A sign that no longer identifies or advertises an ongoing
business, product, location, service, idea, or activity conducted
on the premises on which the sign is located. Whether a sign has been
abandoned or not shall be determined by the intent of the owner of
the sign and shall be governed by applicable state case law and statutory
law on abandoned structures.
A self-supporting, portable sign with one or two faces adjoined
at the top and displayed at an angle, which is not permanently anchored
or secured and intended for temporary on-site use during regular business
hours.
A change in the size or shape of an existing sign. Copy or
color change of an existing sign is not an alteration. Changing or
replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion, or
light and/or color changes achieved through mechanical, electrical,
or electronic means. Animated signs, which are differentiated from
changeable signs as defined and regulated by this chapter, include
the following types:
Environmentally activated: animated signs or devices motivated
by wind, thermal changes, or other natural environmental input; includes
spinners, pinwheels, pennant strings, and/or other devices or displays
that respond to naturally occurring external motivation.
Mechanically activated: animated signs characterized by repetitive
motion and/or rotation activated by a mechanical system powered by
electric motors or other mechanically induced means.
Electrically activated: animated signs producing the illusion
of movement by means of electronic, electrical, or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
Flashing: animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this chapter, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds four seconds.
Patterned illusionary movement: animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
A permanent on-premises sign identifying an apartment complex
but not advertising apartments for rent.
Any projection from a building that is decorative and/or
functional and not intended for occupancy and that extends beyond
the face of an exterior wall of a building but that does not include
signs as defined herein. See also: "awning," "back-lit awning," and
"canopy, attached and freestanding."
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall sign" or "fascia sign." Refer
also to Figures 3 through 10 for visual reference examples.[1]
An awning comprised of covering material exhibiting the characteristic
of luminosity obtained by means of a source of illumination contained
within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign applied or affixed to the seat or back of a bench.
See "off-premises sign."
That portion of any exterior elevation of a building extending
vertically from grade to the top of a parapet wall or eaves and horizontally
across the entire width of the building elevation.
A sign that is applied or affixed to a building.
The basic unit of measurement of light, in SI (metric) units.
The SI (metric) unit used to describe the luminance of a
light source or of an illuminated surface that reflects light; also
referred to as "nits."
In English, synonymous with SI terminology "candela."
A multisided overhead structure or architectural projection
supported by attachment to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light; similar
to a marquee.
A multisided overhead structure supported by columns but
not enclosed by walls. The surface(s) and or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
A canopy sign may be internally or externally illuminated; similar
to a marquee sign. Refer also to Figures 3 through 10 for visual reference
examples.[2]
A sign with the capability of content change by means of
manual or remote input; includes the following types:
Manually activated: changeable sign whose message copy or content
can be changed manually on a display surface. See also "marquee sign."
Electrically activated: changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface. Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices, or
it may be from an external light source designed to reflect off the
changeable component display. See also "electronic message center."
A sign on which the only copy that changes is an electronic
or mechanical indication of time or temperature shall be considered
a "time and temperature" portion of a sign and not a changeable-copy
sign for purposes of this chapter.
A dimensional letter with a back, sides and a translucent
front face capable of transmitting light from an internal light source
within the letter.
A dimensional letter with a back and sides but no face at
the front of the letter. Open-faced channel letters may be non-lit,
externally illuminated, or illuminated by a light source contained
inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite
to an open-faced channel letter. A reverse-channel letter has an open
channel facing the wall or building to which it is affixed. A reverse-channel
letter may contain a source of illumination designed to project lighting
against the surface behind the letter, commonly referred to as a "backlit
channel letter"; also referenced as a halo or silhouette-lighted channel
letter. The face of a reverse channel letter does not illuminate.
A nonstructural covering designed to conceal the actual structural
supports of a sign. See also "pole cover or pylon cover."
A sign that is legally installed in conformance with all
prevailing jurisdictional laws and ordinances.
The letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The actual area of the sign copy as applied to any background.
Copy area on any individual background may be expressed as the sum
of the geometrically computed shape or shapes encompassing separate
individual letters, words, or graphic elements on the background.
Refer to Figures 3 through 10 for computational methodology.[3]
See "changeable sign," in this section.
Any sign which is structurally unsound, has defective parts,
or is in need of painting, or other maintenance.
A letter, symbol or graphic that is three-dimensional in
character, containing height, width, and depth.
Any sign which provides information relative to safely identify
vehicular entrances and exits to parking lots or traffic circulation
areas for activities. Directional signs may include logo, symbols
or a business name and shall not exceed three square feet in size
or 30 inches in height. Such signs shall be located on the private
premises, and only one shall be installed per driveway.
A sign located on the premises to direct traffic, that contains
the name of a building, complex or center and the name and address
of two or more businesses being part of the same sign structure or
interior to the building, which sign can be seen from the outdoors.
Permitted within the AR Agricultural, CC Commercial Corridors, MU
Mixed-Use, MED Mixed Economic Development and PD Planned Development
District.
The amount of time a message and/or graphic is displayed
on an electronic message sign.
A mode of message transition on an electronic message sign
accomplished by varying the light intensity or pattern, in which the
first message gradually appears to dissipate and lose legibility with
the gradual appearance and legibility of the second message.
A sign with two faces, back to back.
An electronic message sign frame effect in which the illusion
of motion and/or animation is used.
Any sign activated or illuminated by means of electrical
energy.
An electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer from a remote location; also known as an "EMC."
EMCs typically use light-emitting diodes (LEDs) as a lighting source.
See also the following terms principally associated with electronic
message centers: "DISPLAY TIME", "DISSOLVE," "DYNAMIC FRAME EFFECT,"
"FADE," "FRAME," "FRAME EFFECT," "SCROLL," "TRANSITION," and "TRAVEL."
Any sign placed outside a building.
See "illuminated sign."
See "building facade."
A mode of message transition on an electronic message sign
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
See "wall sign."
A piece of cloth or similar material usually rectangular
or triangular, attached by one edge to a staff or pole.
See "animated sign."
A set of letters, numerals, symbols, or shapes conforming
to a specific set of design criteria.
An English unit of measurement of the amount of light falling
upon a surface (illuminance). One footcandle is equal to one lumen
per square foot; can be measured by means of an illuminance meter.
An English unit of measurement of the amount of light emitted
by or reflecting off a surface (luminance) equivalent to 3.4262591
candelas per square meter.
A complete, static display screen on an electronic message
sign.
A visual effect on an electronic message sign applied to
a single frame. See also "dynamic frame effect."
Any sign not attached or part of any building, but separate
and permanently affixed by any other means in or upon the ground.
Included are pole signs, pylon signs and ground or monument signs.
Refer also to Figures 3 through 10 for visual reference examples.[4]
The length of an exterior building wall or structure on a
single premises along either a public way or other properties that
it faces.
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
See "freestanding sign."
"HSB" stands for "hue, saturation, brightness," and is a
common representation of the red, green, blue (RGB) color model.
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination," measured in footcandles
(lumens/square foot) in the English system and lux (lumens/square
meter) in the SI (metric) system.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally or transilluminated)
or reflecting off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window
signs, as defined in this section. Interior signs, with the exception
of window signs, as defined, are not regulated by this chapter.
See "illuminated sign."
A sign manufactured and labeled in accordance with specifications
promulgated by a recognized testing laboratory designed to assure
compliance with applicable American National Standards (ANSI) and/or
the National Electric Code (NEC).
The light that is emitted by or reflected from a surface;
measured in units of luminous intensity (candelas) per unit area (square
meters in SI measurement units or square feet in English measurement
units); expressed in SI units as cd/m2 and
in English units as footlamberts; sometimes also expressed as "nits,"
a colloquial reference to SI units; can be measured by means of a
luminance meter.
The SI (metric) unit for illuminance. One lux equals 0.093
footcandle.
See Figures 3 through 10 for visual reference examples.[5]
A permanent structure, attached to the front of a building,
which incorporates a large message center. Typically illuminated and
often ornate in design, a marquee sign projects over the entrance
of the building and provides a canopy over at least a portion of the
sidewalk or street. Marquee signs are often used by movie theaters
and concert halls. See "canopy."
A sign on which a food menu is written.
See "freestanding sign."
A sign containing three or more faces.
A photometric unit of measurement referring to luminance.
One nit is equal to one cd/m2.
A sign that was legally installed by permit in conformance
with all municipal sign regulations and ordinances in effect at the
time of its installation but which may no longer comply with subsequently
enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign
or signs lawfully installed in accordance with laws or ordinances
prevailing at the time of installation.
Any sign that advertises or otherwise identifies any property,
structure or use not located on the same parcel as the sign.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any sign intended and installed to be permanently in place
at a given location by means of suitable fastening to a building,
or to a structure specifically erected to hold such sign(s), or to
the ground.
An enclosure designed to conceal poles and/or other structural
supports of a sign. See also "cladding."
See "freestanding sign."
A temporary sign intended to advance a political statement,
cause, or candidate for office.
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 other than a wall sign that is attached to or projects
more than 18 inches from a building face or wall or from a structure
whose primary purpose is other than the support of a sign. Refer also
to Figures 3 through 10 for visual reference examples.[6]
See "freestanding sign."
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
A three-dimensional sign built so as to physically represent
the object advertised.
A sign that has the capability to revolve 360° about
an axis. See also "animated sign."
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
A sign mounted on the main roof portion of a building or
on the uppermost edge of a parapet wall of a building and which is
wholly or partially supported by such building. Signs mounted on mansard
facades, pent eaves, and architectural projections, such as canopies
or marquees, shall not be considered to be roof signs. Refer to appendix
for visual reference example of roof signs and comparison of differences
between roof and fascia signs.[7]
A mode of message transition on an electronic message sign
in which the message appears to move vertically across the display
surface.
The modern metric system of measurement; abbreviated SI for
the French term "Le Systeme International d'Unites."
Any material, structure or device or part thereof composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed when used or located out-of-doors or outside or on
the exterior of any building, including window display area, for display
of an advertisement, announcement, notice, directional matter or name,
and includes sign frames, billboards, signboards, painted wall signs,
hanging signs, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs, and shall also include any announcement, declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business when the same is
placed in view of the general public. Noncommercial flags or any other
flags displayed from flagpoles or staffs will not be considered to
be signs.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural thematic or
decorative trim, or any areas that are separated from the background
surface upon which the sign copy is displayed by a distinct delineation,
such as a reveal or border. Refer also to Figures 3 through 10 for
computational methodology for various sign area configurations.[8]
In the case of panel or cabinet-type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
An advertisement or announcement typically printed on nonrigid
paper media for hand distribution.
Certification issued by the Zoning Enforcement Officer acknowledging
an acceptable sign pursuant to the regulations contained within this
chapter.
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 the 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 for the display. On signs
with more than one face, only that face or faces visible from any
one direction at one time will be counted. The area of the smallest
geometric figure, or the sum of the combination of regular geometric
figures, which comprise the sign face. The area of any double-sided
or V-shaped sign shall be the area of the largest single face only.
The area of a sphere shall be computed as the area of a circle. The
area of all other multiple-sided signs shall be computed as 50% of
the sum of the area of all faces of the sign. Refer also to Figures
3 through 10 for computational methodology for various sign area configurations.[9]
A temporary sign pertaining to any civic, patriotic, or special
event of general public interest.
A sign that features a flying banner in the shape of a tear
drop or feather with a pole or base that is portable.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A visual effect used on an electronic message sign to change
from one message to another.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at
an interior angle subtending less than 179° at the point of juncture
of the individual faces.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects less than 18 inches from
the building or structure wall; also includes signs affixed to architectural
projections that project from a building, provided the copy area of
such signs remains on a parallel plane to the face of the building
facade or to the face or faces of the architectural projection to
which it is affixed. Refer also to Figures 3 through 10 for various
sign area configurations and comparison examples of differences between
wall or fascia signs and roof signs.[10]
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.
[1]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[2]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[3]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[4]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[5]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[6]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[7]
Editor's Note: Said appendix, composed of Sign Diagrams, Figures
3 through 10, is included as an attachment to this chapter.
[8]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[9]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
[10]
Editor's Note: Sign Diagrams, Figures 3 through 10, are included
as an attachment to this chapter.
Applications shall be made in writing to the Zoning Enforcement
Officer on forms prescribed and provided by the municipality and shall
contain the following information:
B.
Location of the building, structure or land upon which the sign now
exists or is to be erected.
C.
If a new sign is to be erected, elevation and plan drawings, to scale,
shall be included.
D.
In addition, a full description of the placement and appearance of
the proposed sign shall include the following:
(1)
Location on the premises, specifically its position in relation to
adjacent buildings, structures and property lines;
(2)
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;
(3)
Graphic design, including symbols, letters, materials and colors;
and
(4)
Written consent, or a copy of the contract made with the owner of
the property upon which the sign is to be erected, if the applicant
is not the owner.
A.
Upon the filing of a completed application for a sign permit and
the payment of the required fee, the Zoning Enforcement Officer shall
examine the plans, specifications and other data submitted and the
premises on which the sign is to be erected or now exists.
B.
If it shall appear that the sign is in compliance with all the requirements
of this chapter, a permit for the erection of the proposed sign shall
be issued within 15 days.
C.
The issuance of a permit shall not excuse the applicant from conforming
to the other laws and ordinances of the municipality.
D.
If the erection of the sign authorized under any such permit has
not commenced within one year from the date of issuance, the permit
shall become null and void.
E.
An existing sign permit may be renewed annually upon application
within 30 days prior to the expiration, for good cause shown, for
an additional one year, upon payment of the original fee.
F.
If the time period between the removal and subsequent replacement
of any sign, regardless of purpose, exceeds 30 days, a new sign permit
shall be obtained.
G.
No sign permit shall be issued for a property where any sign is currently
displayed in violation of this chapter, except to replace the illegal
sign with a legal sign.
H.
It is unlawful to change, modify, alter or deviate from terms of
a sign permit.
The following are exempt from the regulations of this chapter
but may be subject to other codes enacted by the Town of LeRay where
applicable:
A.
Signs which are not visible from a public roadway; however, these
signs must comply with any building and construction provisions enacted
by the Town of LeRay;
B.
Signs inside a building;
C.
Signs carved into a building or raised in integral relief on a building.
Signs or letters that are raised must be a physical part of the building
facade to qualify under this provision; they must be a part of the
physical construction of the building materials comprising the facade;
letters or signs that are merely attached to the exterior facade of
the building do not qualify, even if the same finish or color;
D.
Signs required by federal or state law;
E.
National flags and individual pennants (not on a string);
F.
Signs required by municipal authority;
G.
Painted and/or applied wall accents and decorations;
H.
Illuminated building accents and decorations;
I.
Public art;
J.
Name and address: up to two signs indicating address, number and/or
name of occupants of the premises that do not exceed two square feet
in area per side and do not include any commercial advertising or
other identification;
K.
Decals: decals and/or logos affixed to windows or door glass panels,
such as those indicating membership in a business group or identifying
credit cards accepted at the establishment;
L.
Handicapped parking space: signs not exceeding two square feet in
area reserving parking for handicapped individuals;
M.
"Private drive" signs: On-premises "private drive" signs are limited
to one per driveway entrance, not exceeding two square feet in area;
N.
Public signs: signs erected by government agencies or utilities,
including traffic, utility, safety, railroad crossing and identification
signs for public facilities and any signs erected by the Town of LeRay;
O.
Security and warning signs: on-premises signs regulating the use
of the premises, such as "no trespassing," "no hunting" and "no soliciting"
signs that do not exceed one sign two square feet in area in residential
areas and one sign five square feet in area in commercial and industrial
zones. These limitations shall not apply to the posting of conventional
"no trespassing" signs in accordance with state law;
P.
Political signs: Any number of election/campaign signs, whether freestanding
or wall, may be placed on private property, provided that the size
and location of said signs do not create a hazard for automobile or
pedestrian traffic or a public nuisance and that the signs are not
placed on the property more than 91 days before the election and are
removed within 14 days after the election. Additional regulations
may be found in the Municipal Code.
Q.
Contractor signs: Signs that identify the contractor engaged in construction
or proposed construction on the property where the sign is located
shall not require a permit, provided the sign does not exceed 24 square
feet in total sign area and are removed no later than 30 days after
issuance of a certificate of occupancy;
R.
Yard/garage sales: up to two signs the total combined area of which
may not exceed 12 square feet. Such signs shall not be erected more
than 24 hours before the event and must be removed within 24 hours
after the event.
S.
Menu board sign.
A.
Defining words; definitions. Words used in this chapter have their
dictionary meaning unless they are listed and described otherwise.
Words listed in the definitions sections have the specific meaning
stated, unless the context clearly indicates another meaning. The
word "sign" in this chapter always refers to an on-premises sign.
B.
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also
true.
(2)
Words used in the present tense include the future tense. The reverse
is also true.
(3)
The words "shall," "must," "will," and "may not" are mandatory.
(4)
"May" is permissive.
(5)
When used with numbers, "up to x," "not more than x" and "a maximum
of x" all include "x."
C.
Conjunctions. Unless the context clearly indicates otherwise, the
following conjunctions have the following meanings:
D.
Lists. Lists of items that state "including the following," "such
as," or similar language are not limited to just those items. The
lists are intended to provide examples but not to be exhaustive of
all possibilities.
The following signs are prohibited:
A.
Signs containing strobe lights;
B.
Abandoned sign structures;
C.
Signs placed on or painted on a motor vehicle or trailer parked in
an area not approved on a site plan, with the primary purpose of providing
signage not otherwise allowed by this chapter. Prohibited is any sign
displayed on a parked trailer or truck or other vehicle where the
primary purpose of the vehicle is to advertise a product, service
business, or other activity. This regulation shall permit the use
of business logos, identification or advertising on vehicles primarily
and actively used for business purposes and/or personal transportation;
D.
Signs that imitate or resemble official traffic lights, signs or
signals or signs that interfere with the effectiveness of any official
traffic light, sign or signal;
E.
Mechanically moving signs: an environmentally activated sign or other
display with actual mechanical motion powered by natural, manual,
mechanical, electrical or other means, including but not limited to
pennant strings, streamers, spinners, propellers, and search lights;
F.
Flashing signs: See § 158-91, Definitions. For the purposes of this chapter, a sign that has a change rate or dwell time of four seconds or longer does not fit within the prohibition noted herein;
G.
Inflatable signs and other permanent objects: Signs and other objects
which may or may not be inflated, including, but not limited to, balloons.
Balloons may be permitted in temporary noncommercial situations; for
instance, they are permitted for special occasions at a residence;
H.
Nonpermanent posters and handbills affixed to structures, trees or
other natural vegetation, rocks or poles.
I.
Except as expressly stated in § 158-94, any fabric sign not attached to a rigid frame on four sides;
J.
Roof signs: roof signs, except for those permitted by special exception in commercial zones. See § 158-100C(3);
K.
Simulated traffic signs and obstructions: any sign which may be confused
with, or obstruct the view of, any authorized traffic sign or signal,
obstruct the sight-distance triangle at any road intersection, or
extend into the public right-of-way;
L.
A-frame/wheeled signs: Any portable A-frame or similar portable sign is prohibited except as described under § 158-102, Temporary signs, below;
M.
Signs adversely affecting safety: signs which prevent free ingress
or egress from any door, window, or fire escape or that prevent free
access from one part of a roof to any other part. No sign other than
a safety sign shall be attached to a standpipe or fire escape;
N.
Sign emissions: No sign which emits smoke, visible vapors, particles,
sound or odor shall be permitted. Open flames used to attract public
attention to a place of business or to an advertising sign shall not
be permitted;
O.
Mirrors: No mirror device shall be used as part of a sign.
P.
Tear drop or feather flag banners.
Q.
Hand held signs. Any temporary sign used by a person or persons to
advertise or display goods or services of a particular business. This
includes, but is not limited to, placards, directional signs, sandwich-board-type
signs when worn, costumes, or similar clothing used to advertise or
promote a particular service or business.
[Added 8-11-2016 by L.L.
No. 4-2016]
A.
Sign cabinets. The area of sign faces enclosed in frames or cabinets
is determined based on the outer dimensions of the frame or cabinet.
B.
Double-sided signs. Only one side of a double-sided sign is counted
in determining the area of sign faces. Where the two sides are not
of equal size, the larger of the two sides is used for the determination
of sign area. The area of multiple-faced signs in which the interior
angle formed by the faces is greater than 91° shall be expressed
as the sum of the areas of all the faces, except for multiple-faced
signs containing faces that are configured back to back, in which
case the area of the faces configured back to back will be calculated
according to the rule for double faced signs.
C.
Round, oval and irregularly shaped signs: to be measured based on
the appropriate mathematical formula to obtain the sign area for a
circle, an oval or an irregularly shaped sign.
D.
Calculating sign area.
(1)
Signs containing integral background areas. The area of a sign containing
a clearly defined background area shall be calculated based on the
area of the smallest standard geometric shape or combination of geometric
shapes capable of encompassing the perimeter of the background area
of the sign. In the case of signs in which multiple background areas
are separated by open space, sign area shall be calculated based on
the sum of the areas of all separate background areas, calculated
as referenced above, but without regard for any open space between
the separate background areas.
(2)
Signs without integral background areas. In instances in which a
sign consists of individual elements, such as letters, symbols, or
other graphic objects or representations that are painted, attached
to or otherwise affixed to a surface such as a wall, window, canopy,
awning, or architectural projection or to any surface not specifically
designed to serve as a sign background, the sign area shall be based
on the sum of the individual areas of the smallest geometric shape
or combination of geometric shapes capable of encompassing the perimeters
of the individual elements comprising the sign.
E.
Awnings and marquees.
(1)
When graphics or sign copy is incorporated into an awning, the sign
area is determined by computing the area of a standard imaginary geometric
shape or combination of shapes drawn around the sign copy area or
graphics. When the ends of awnings or marquees are parallel and contain
graphics or sign copy, only one side is counted in addition to the
sign face area on the front.
(2)
An awning that contains a "sign" section or copy area shall comply
with the applicable sign area requirements for parallel signs (see
Table 8) contained in this chapter.[1] Only the sign or copy area displayed on an awning shall
be used to determine the permitted sign area. The entire awning shall
not be included in a sign area calculation.
A.
The overall height of a freestanding sign or sign structure is measured
from the lowest point of the ground directly below the sign to the
highest point of the freestanding sign or sign structure.
B.
Exception. Where a freestanding sign or sign structure is mounted
along a roadway that has a higher grade level as compared to the grade
level directly below the freestanding sign or sign structure, then
the freestanding sign or structure's height will be measured from
the roadway grade level to the highest point of the freestanding sign
or sign structure. See Figure 2.
 Figure 2: Sign height measurement
|
B.
Residential properties. All single-family residential properties
that are located in residential zoning districts are permitted signs
not to exceed eight square feet in total sign area per road frontage.
Corner lots and lots with frontage on more than one street are entitled
to eight square feet per frontage. This sign area allowance covers
but is not limited to home occupation signs, lawn signs, real estate
signs, contractor signs, and political signs. Signs may be freestanding,
mounted to a permanent building structure or displayed in a window.
Trees, rocks or other naturally occurring landscape features may not
be used to support a residential sign.
C.
Subdivisions, apartments, and multifamily dwellings are permitted
a freestanding sign not to exceed 64 square feet, and further provided
that one such sign shall be permitted for each separate street and/or
separate building frontage occupied by the subdivision or apartment
and/or for each means of entrance to or exit from the subdivision
or apartment. Wall signs are also permitted not to exceed 5% of the
area of the facade in elevation view upon which they are placed.
D.
For properties located in a residential district as described in Subsection C above, other directional, incidental and/or accessory signs are also permitted to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six square feet in sign area and eight feet in height (if freestanding).
E.
Other permitted nonresidential uses in a residential district are
permitted wall signs not to exceed 5% of the area of the facade in
elevation view upon which they are placed.
F.
Animated signs, as defined by this chapter, are prohibited in residential
districts.
G.
Roof signs, as defined by this chapter, are prohibited in residential
districts.
|
Table 6: Signs in Residential Districts
| |||||
|---|---|---|---|---|---|
|
Uses
|
Types of Signs Allowed
|
Number of Signs Allowed
|
Permitted Sign Area
|
Maximum Height (if applicable)
| |
|
Residential properties, including single-family detached; semidetached;
townhouses
|
Freestanding or wall
|
Any number so long as the total square footage of all signs
does not exceed 8 square feet per frontage
|
8 square feet
|
6 feet 0 inches
| |
|
Residential subdivisions; apartment complexes; multifamily dwellings;
townhouses
|
Freestanding
|
One per frontage
|
64 square feet
|
15 feet 0 inches
| |
|
Wall
|
One per facade
|
5% of facade
|
—
| ||
|
Incidental or directional
|
Unlimited
|
6 square feet
|
8 feet 0 inches
| ||
|
Permitted nonresidential uses in residential districts (home
occupations)
|
Wall
|
One per facade
|
5% of facade
|
—
| |
|
Incidental or directional
|
Unlimited
|
6 square feet
|
8 feet 0 inches
| ||
The standards for permanent signs in Commercial Corridors, Mixed-Use,
Mixed Economic Development, Agricultural Residential and Planned Development
Districts are as follows. All such signs must conform to the regulations
of this section.
A.
Any signs permitted in a residential district are permitted in nonresidential
districts.
B.
Sign type, color scheme, size and illumination shall be coordinated
and compatible with the site's architectural character.
C.
Signs on nonresidential properties area as regulated by reference
to types noted below.
(1)
Freestanding signs:
(a)
Freestanding signs shall be limited to one per property held
in single and separate ownership, except for a property that has frontage
on more than one street, in which case one such sign shall be permitted
for each separate street frontage.
(c)
In the case of a property designated as a shopping center or
a group of stores, additional freestanding signs shall be permitted
for each vehicular entrance to the property.
(d)
Permitted sign area for these additional freestanding signs
shall be 60% of the sign area permitted by Table 7 for signs in nonresidential
districts.
(e)
Sign height shall be in conformance with Table 7.
(f)
Changeable signs are permitted on freestanding signs other than
plaza directory signs, with content changes limited to twice daily
(e.g., fuel price signage).
(2)
Building signs:
(a)
Building signs include wall or fascia signs, roof signs, and
signs otherwise permanently applied to walls or other building surfaces.
A directory sign will not count towards the total sign square footage.
They must be located above an entryway, and they cannot be taller
than six inches or longer than the width of the door.
(b)
The total area of all parallel wall signs applied to any given
facade shall not exceed the area computed as a percentage of the building
facade in elevation view, including window and door areas and cornices
to which they are affixed or applied in accordance with Table 8 for
parallel signs in commercial districts.[2]
(c)
In the case of a shopping center or a group of stores or other
business uses on a lot held in single and separate ownership, the
provisions of this section relating to the total area of signs permitted
on premises shall apply with respect to each building, separate store,
separate storefront, or separate use.
(d)
Only wall signs shall be permitted for individual establishments
in a shopping center or on a property with more than one use, entity
or business.
(e)
Multi-use or multi-tenant properties may also have one freestanding
sign per street frontage.
(f)
Changeable signs are permitted on building signs (e.g., gasoline
price sign).
(3)
Roof signs; special considerations:
(b)
The height of any roof sign above the highest architectural
point of the building to which it is mounted shall not exceed the
percentage of the vertical dimension of the building facade parallel
to the sign. Measurements shall be computed from the highest building
point to the top of the sign.
(c)
The area calculation for any roof sign whose orientation on
a roof may be other than parallel to an individual building facade
shall be computed with reference to the building facade that most
closely parallels the orientation of such sign.
(4)
Canopy signs (also marquee signs and signs on architectural
projections):
(a)
Canopy signs, marquee signs and signs on architectural projections
are signs that are mounted to either structures that project off the
face of the building more than 18 inches or signs that are mounted
to a freestanding structure not attached to a building that creates
a canopy or covering over an area below.
(b)
An example of a canopy sign would be lettering installed on
a canopy over a series of gas pumps at a service station. It is neither
a true wall sign nor freestanding sign.
(c)
An example of a marquee sign would be lettering and graphics
displayed on the front and sides of a theater marquee that projects
out over a portion of a downtown sidewalk.
(d)
An example of a sign on an architectural projection would be
letters installed on a decorative masonry feature that projects off
a building face.
(e)
Signs affixed or applied in an essentially flat plane to the
face of a building or freestanding canopy, marquee, or architectural
projection, provided that the copy area of any such sign, as defined
herein, does not exceed an area equal to 40% of the product of the
height and length of the face area of the canopy, marquee, or architectural
projection to which such sign is affixed or applied, or 15% of the
building facade to which it is attached, whichever is greater.
(f)
Graphic treatment in the form of striping or patterns shall
be permitted on the face of any building or freestanding canopy, marquee,
or architectural projection without restriction, and the area of any
such graphic treatment shall not be calculated as a component of permitted
copy area.
(5)
Awning signs:
(a)
Graphics affixed or applied to the face or side surfaces of
an awning or backlit awning are permitted, provided that the copy
area of any such sign copy or graphic, as defined herein, does not
exceed an area in accordance with Table 8 for parallel signs, to which
the awning is attached.[4]
(b)
Graphic treatment and/or embellishment in the form of striping,
patterns, or valances shall be permitted on the face or side surfaces
of any awning or backlit awning without restriction, and the area
of any such graphic treatment and/or embellishment shall not be calculated
as a component of permitted copy area.
(6)
Projecting signs (permitted in commercial districts only):
(a)
Projecting signs shall be limited to one per building facade
on which any such sign is mounted except for a use that fronts on
more than one street, in which case one such sign shall be permitted
per facade for each separate street frontage. In the case of a building
in which any individual facade exceeds 200 lineal feet, one such sign
shall be permitted for each 200 lineal feet of such facade or multiple
thereof on each separate street on which such facade fronts.
(b)
The area of any projecting sign shall not exceed one square
foot per every two lineal feet of the building facade on which such
sign is mounted, except that no such sign shall be larger in area
than 100 square feet.
(c)
No projecting sign shall extend in a vertical dimension above
the highest architectural point of the facade to which it is mounted
in excess of 25% of the vertical dimension of the facade itself.
(d)
Projecting signs extending over a public sidewalk shall be limited
to a projection distance not to exceed 2/3 of the width of the sidewalk.
(e)
Projecting signs shall not be permitted in addition to any permitted
freestanding signs on any given property frontage, except that, in
the case in which a premises is permitted either freestanding or projecting
signs on any one frontage, projecting signs may be substituted for
any of the permitted freestanding signs on such frontage, provided
that the requirements herein specifically relating to size, height,
and extension of projecting signs are met.
|
Table 7: Freestanding Signs in Nonresidential Districts
| |||||
|---|---|---|---|---|---|
|
Values indicated are maximum limits on sign size and height:
A = Sign area, in square feet
H = Sign height, in lineal feet
| |||||
|
District
|
Mixed-Use, Mixed Economic Development
|
Agricultural Residential, Commercial Corridors, PD
| |||
|
Posted Speed
(mph)
|
A
|
H
|
A
|
H
| |
|
25
|
50
|
8
|
50
|
10
| |
|
30
|
50
|
10
|
72
|
12
| |
|
35
|
72
|
13
|
98
|
15
| |
|
40
|
98
|
15
|
128
|
18
| |
|
45
|
128
|
16
|
162
|
21
| |
|
50
|
162
|
18
|
200
|
23
| |
|
55
|
200
|
20
|
250
|
25
| |
|
Table 8: Parallel Signs
| ||
|---|---|---|
|
Distance of Sign From Road or Adjacent Commercial Zone
(feet)
|
Percentage of Building Elevation Facade Permitted for
Sign Area
| |
|
0 to 100
|
15%
| |
|
101 to 300
|
20%
| |
|
Over 301
|
25%
| |
A.
These regulations apply to all signs regulated by this chapter.
B.
Sign placement. All signs and sign structures must be erected and
attached completely on or within the site or property to which they
refer and shall not encroach upon any legal right-of-way.
E.
F.
Projecting signs.
(1)
Placement. Projecting signs are not allowed on rooftops or on
pitched roofs.
G.
Directional signs.
(1)
General standards. Directional signs that meet the standards
of this subsection are allowed in all zones and are not counted in
the total square footage of permanent signage allowed on any property
or site.
(2)
Size. Freestanding directional signs may be up to six square
feet in area and 96 inches in height. Fascia directional signs may
be up to 16 square feet in area.
(3)
Directional signs in any zone may have internal or external
illumination.
H.
Menu board. Menu board sign areas do not count against overall permitted
signage area.
(1)
Drive-through restaurants. Two changeable-copy menu board signs
are permitted for each drive-through restaurant, in addition to those
signs listed in the sign schedule. Menu board signs may be freestanding
or wall mounted, one sign shall be no more than 30 square feet in
area, while the second menu board sign shall be no greater than 16
square feet in area. All menu boards shall have a maximum height of
seven feet above grade and shall be readable only to traffic on the
adjacent drive-through lane.
(2)
Non-drive-through restaurants. One changeable-copy menu board
wall sign indicating daily menu changes is permitted for each non-drive-through
restaurant. Menu board signs shall be no greater than three square
feet in area and placed no more than 10 feet from the principal building
entrance utilized by patrons.
I.
Off-premises signs.
(1)
Off-Premises signs are permitted in any zoning district, provided
no sign is larger than 32 square feet in area and no part of the sign
is higher than eight feet above grade at its base.
(2)
Only one freestanding sign is permitted per property; however, properties containing freestanding signs should not be permitted to erect an off-premises sign except pursuant to a filed deed restriction for each separate lot within the development, where one off-premises freestanding sign may take the place of individual freestanding signs per lot within a commercial, nonresidential, development sharing a common access. The proposed off-premises freestanding sign shall not exceed the height and area listed in § 158-100, Table 7, Freestanding Signs in Nonresidential Districts.
[Amended 11-10-2016 by L.L. No. 7-2016]
(3)
Multiple uses are permitted to be identified on off-premises
signage.
(4)
The square footage of the off-premises sign shall not be counted
against the square footage of other signage permitted on the property
through this chapter.
(5)
Written permission from the owner(s) of the property where the
off-premises sign is to be erected is required to be submitted with
the sign application. An application for an off-premises sign shall
not be considered complete without such documentation.
(6)
Verification from the New York State Department of Transportation
that the proposed off-premises sign will not be in violation of any
state regulations at its proposed location shall be submitted with
the sign permit application. An application for an off-premises sign
shall not be considered complete without such documentation.
A.
Signs that meet the standards of this section are exempt from the
standards for permanent signs and are not counted in the total square
footage of signage allowed on any particular property or site. Signs
that do not meet the standards of this section are subject to the
standards for permanent signs.
C.
Temporary signs may have external or internal illumination.
D.
No lot or storefront shall be permitted the simultaneous display
of a greater number of temporary signs, including banner, wall, fascia,
freestanding or portable signs, than the permitted number of nonexempt
permanent signs for said lot or storefront.
E.
Temporary banners. Temporary banners are subject to the following
regulations:
(1)
In all residential districts, temporary banners are not permitted
on sites with houses, duplexes, and attached houses.
(2)
Exception: banners for holidays, religious commemoration, and
special family events.
(3)
In the Mixed-Use and Commercial Corridors Districts, one banner
no larger than 32 square feet in size is permitted per property or,
on a multi-use property, per storefront. Only one of these banners
may be hung on each building wall or on each separate structure. In
no case may an individual site or storefront have more than one temporary
banner.
(4)
In no case shall a temporary banner be larger than 32 square
feet in size.
(5)
Temporary banners not attached to a building may be displayed
no longer than 30 days per calendar year. All other banners may be
displayed no longer than 45 days per calendar year.
F.
Temporary wall or fascia signs.
(1)
One temporary wall sign is allowed per street frontage in nonresidential
districts.
(2)
Temporary wall signs may be up to 32 square feet in area.
(3)
Temporary wall signs may not extend above rooflines.
(4)
Extensions into the right-of-way are prohibited.
(5)
A temporary wall sign may be displayed no longer than 90 days
per calendar year.
G.
Temporary freestanding or portable signs.
(1)
One temporary freestanding sign is allowed per property in nonresidential
districts and is not counted in the total square footage of permanent
signage allowed on the site.
(2)
Temporary freestanding signs may be up to 32 square feet in
area.
(3)
Extensions into the right-of-way are prohibited.
(4)
A temporary freestanding sign may be displayed no longer than
90 days per calendar year.
A.
In the Agricultural Residential, Mixed-Use, Planned Development and
Commercial Corridors Districts, electronic message centers (EMCs)
are permitted in accordance with the sign areas noted in Tables 7
and 8 of this article.[1]
B.
General EMC regulations:
(1)
An EMC sign may be a portion of a building sign or freestanding
sign, or may comprise the entire sign area.
(2)
All EMC signs shall have automatic dimming controls, either
by photocell (hardwired) or via software settings, in order to bring
the EMC lighting level at night into compliance with the sign illumination
standards in this chapter.
(3)
The transition time between messages and/or message frames is
limited to once per hour, and these transitions may employ fade, dissolve,
and or other transition effects.
(5)
The hue for light emitted by EMC signs shall range from 0°
to 60° on the HSB color space of the RGB color model.
(6)
At the discretion of the Planning Board, sufficient landscaping
shall be required around the foundation of all EMC signs.
(7)
All EMC display features and functions are permitted, with the
following exceptions:
(8)
Electronic message center's content change times are a condition
of site plan approval.
[Added 8-11-2016 by L.L.
No. 4-2016]
A.
A sign in any district may be illuminated at night. Signs that are
illuminated at night may not exceed a maximum luminance level of 750
cd/m2 or nits, regardless of the method
of illumination.
B.
Signs that have external illumination, whether the lighting is mounted
above or below the sign face or panel, shall have lighting fixtures
or luminaires that are fully shielded.
C.
All illuminated signs must comply with the maximum luminance level
of 750 cd/m2 or nits at least 1/2 hour
before apparent sunset, as determined by the National Oceanic and
Atmospheric Administration (NOAA), United States Department of Commerce,
for the specific geographic location and date. All illuminated signs
must comply with this maximum luminance level throughout the night,
if the sign is energized, until apparent sunrise, as determined by
NOAA, at which time the sign may resume luminance levels appropriate
for daylight conditions, when required or appropriate.
D.
On-premises signs do not constitute a form of outdoor lighting at
night and are exempt from any other outdoor lighting regulations that
the Town has adopted or will adopt in the future.
A.
Nonconforming permanent signs may continue to exist after passage
of this chapter. Nonconforming signs will be removed and changed in
accordance with the provisions of this chapter.
B.
Permanent signs and sign structures that are moved, removed, replaced,
or structurally altered must be brought into conformance with the
sign regulations. However, nonconforming signs required to be moved
because of public right-of-way improvements may be reestablished.
Removable faces or sign panel inserts in a cabinet-style sign may
also be changed by right, and such change does not constitute a structural
alteration or trigger loss of nonconforming status.
C.
Nonconforming temporary signs must be removed within two months of
the passage of this chapter.
D.
Ownership. The status of a nonconforming sign is not affected by
changes in ownership.
E.
Once a sign is altered to conform or is replaced with a conforming
sign, the nonconforming rights for that sign are lost and a nonconforming
sign may not be reestablished.
F.
Loss of nonconforming sign status.
(1)
Discontinuance. See definition of "abandoned sign."
(2)
Destruction. When a sign or sign structure is removed or intentionally
destroyed, replacement signs and sign structures must comply with
the current standards. However:
(a)
Repair and maintenance. A nonconforming sign or sign structure
may be removed temporarily to perform sign maintenance or sign repair.
(b)
Unintentional destruction. When a sign or sign structure that
has nonconforming elements is partially or totally damaged by fire
or other causes beyond the control of the owner, the sign and sign
structure may be rebuilt to the same size and height using the same
materials.
(3)
Notwithstanding anything to the contrary contained in this section,
nonconforming abandoned freestanding signs in existence as of the
date of the adoption of this subsection shall remain as long as no
structural changes are made thereto, and the advertising display may
be modified to advertise a new business on the premises.
[Added 6-13-2019 by L.L.
No. 2-2019; amended 11-7-2019 by L.L. No. 5-2019]
G.
A nonconforming freestanding sign that becomes abandoned subsequent
to the date of adoption of this subsection shall be removed from the
premises not later than 60 days following the date of its abandonment.
[Added 6-13-2019 by L.L.
No. 2-2019; amended 11-7-2019 by L.L. No. 5-2019]
A.
All on-premises electric signs, outline lighting systems and skeleton
neon lighting systems shall be manufactured and installed in compliance
with NFPA 70, the National Electric Code (NEC).
B.
The listing label number for all signs shall be provided on the sign
permit application or, if the sign has not been manufactured yet,
through Nationally Recognized Testing Laboratory (NRTL) validation.
An NRTL file number from the sign manufacturer shall be provided for
all electric signs on the sign permit application.
C.
The Zoning Enforcement Officer shall have the authority to immediately
remove any sign that is not in conformance with this section, or to
have said sign removed, at the owner's expense.
A.
Structural standards.
(1)
Signs, sign structures, sign foundations and methods to attach
and anchor signs must be designed and constructed in accordance with
applicable provisions of the Building Code of New York State. All
signs and their foundations and attachments must be designed for the
appropriate dead, wind and snow loads for the geographic area in question.
(2)
The supports and foundations used in construction for all signs
and sign structures must be located outside of any rights-of-way.
B.
Clearances.
(1)
Vision clearance areas. Vision clearance areas are triangular-shaped
areas located at the intersection of any combination of rights-of-way,
alleys or driveways. The sides of the triangle extend 30 feet from
the intersection of the right-of-way, alley or driveway in either/each
direction. No sign may be installed within this clear-sight triangle.
(2)
Vehicle area clearances. In areas outside of rights-of-way,
when a sign or awning extends over an area in which vehicles travel
or are parked, the bottom of the structure must be at least 14 feet
above the ground. Vehicle areas include driveways, alleys, parking
areas, and loading and maneuvering areas.
(3)
Pedestrian area clearances. When a sign or awning extends more
than 12 inches over a sidewalk, walkway, or other space used by pedestrians,
the bottom of the structure must be at least eight feet above the
ground.
(4)
Clearances from fire escapes, means of egress or standpipes.
Signs, sign structures and awnings are prohibited from being erected
in any manner that interferes in any way with the free use of any
fire escape, means of egress or standpipe. Attaching signs, sign structures
or awnings to a fire escape is prohibited.
(5)
Obstruction of windows and ventilation. Signs, sign structures
and awnings are prohibited from being installed in any way that obstructs
any building openings to such an extent that light, ventilation or
exhaust are reduced to a level below that required by either the Building
Code, plumbing regulations, heating and ventilating regulations or
housing and maintenance regulations.
A.
Signs, sign structures and awnings, together with their supports,
braces, guys, anchors and electrical components must be maintained
in a proper state of repair. The Zoning Enforcement Officer may order
the removal of any sign, sign structure or awning that is not maintained
in accordance with this chapter.
B.
Dangerous structures and equipment.
(1)
Signs, sign structures or awnings that are dangerous must be
taken down and removed or made safe as the Zoning Enforcement Officer
deems necessary. Signs may be deemed dangerous for one or more of
the following reasons:
(a)
Whenever any portion or member of a sign, sign structure or
awning is likely to fail, or become detached or dislodged, or to collapse
and thereby injure persons or property;
(b)
Whenever any portion or member of a sign, sign structure or
awning is likely to partially or completely collapse as a result of
any cause, including, dilapidation, deterioration, or decay; faulty
construction or wiring; or removal, movement or instability of any
portion of the ground or building necessary for supporting such structure;
(c)
Whenever a sign, sign structure or awning is structurally or
electrically unsafe or otherwise hazardous to human life or safety
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment.
(2)
All signs, sign structures and awnings determined after inspection
by the Code Officer to be dangerous must be abated by repair, rehabilitation,
demolition or removal.
A.
The provisions of this chapter shall be administered and enforced
by the Zoning Enforcement Officer, who shall have the power to make
necessary inspections.
B.
No sign permit shall be approved by the Zoning Enforcement Officer
except in compliance with the provisions of this chapter, or as directed
by the Zoning Board of Appeals.
A.
A decision of the Zoning Enforcement Officer may be appealed to the
Zoning Boards of Appeals.
B.
Upon an appeal, the Zoning Board of Appeals may grant a variance
from the terms of this chapter. No Zoning Board of Appeals decision
shall be made on a variance until an advisory opinion is received
from the Planning Board. Failure of said Planning Board to report
an opinion prior to the hearing on the appeal shall be construed as
recommended approval of the variance.
A.
In the event of a breach of any of the provisions of this article,
the Zoning Enforcement Officer shall notify the owner of the premises,
in writing, to remove, repair, or bring the sign into conformance,
immediately of such notification.
[Amended 8-11-2016 by L.L. No. 4-2016]
B.
Penalties for offenses.
(1)
Any person, firm, or corporation, whether as owner, lessee,
agent, or employee, who violates any of the provisions of this article,
or who fails to comply with any order or regulation made thereunder,
or who erects, moves, or alters any sign in violation of any detailed
statement or plans submitted by him and approved under the provisions
of this article, shall be guilty of a violation as the same is defined
in the Penal Law and shall be fined not more than $ 100 for each violation.
(2)
Each day that such violation is permitted to exist shall constitute
a separate violation.
C.
If any sign is erected, altered, or moved in violation of the provisions
of this article, proper officials may, in addition to other remedies,
institute an appropriate action to prevent such unlawful operation.
D.
Upon failure to comply with any notice within the prescribed time,
the Zoning Enforcement Officer shall remove or cause removal, repair,
or conformance of a sign and shall assess all costs and expenses incurred
against the owner of the building or land on which the sign is located.
E.
All costs and expenses incurred by the Town of LeRay in causing the removal or repair of any sign, as specified in this section and Chapter 69, shall be collected from the owner of the premises on which such sign is located. Payment shall be made not less than five days after the receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town and county tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses.
