[HISTORY: Adopted by the Town Board of the
Town of Newstead 9-13-2004 by L.L. No. 4-2004 (Ch. 72 of the 1988
Code); amended in its entirety 9-8-2014 by L.L. No. 4-2014.
Subsequent amendments noted where applicable.]
[Amended 6-28-2021 by L.L. No. 6-2021]
The intent of this chapter is to promote and protect public
health, welfare, and safety by regulating existing and proposed outdoor
signs. It is intended to protect property values, restrict visual
blight, and enhance the appearance of the community. It is further
intended to enhance the business environment while protecting and
improving the character of the community by reducing hazards that
may be caused by obstructions or distractions.
[Amended 6-28-2021 by L.L. No. 6-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
A portable temporary sign connected at the top and angled
down on either side in the shape of an "A," usually with advertisement
on two sides.
Sign using movement or change of lighting to depict action
or create a specific effect or scene.
Sign attached to the soffit or under the fascia of a permanent
canopy, covered entrance or walkway awning or marquee.
A piece of cloth or material attached directly to the building
or hung on posts or poles.
Larger than 80 square feet one-sided face area off-premises
sign used to attract attention to an object, product, service, place,
activity, institution, organization, business, or public service message.
Length of the wall of a building facing nearest public right-of-way.
Where building faces more than one street, the building frontage will
be equal to the length of the longest side facing nearest public right-of-way.
Sign containing a message, text or graphics that can be changed
intermittently, either manually or electronically, to display a different
message.
Sign located on premises and used to direct traffic to a
business, including roadway signage within multibusiness parcels,
such as plazas.
Build, construct, alter, display, relocate, attach, hang,
place, suspend, affix, or maintain any sign, including painting of
exterior wall signs, murals or wall billboards.
Sign face area is portion of sign on which copy is placed.
This excludes the structures on which sign is supported. Where a sign
has two or more faces, the area of all faces is the total face area
of the sign.
Sign attached flat against a building fascia.
An illuminated animated or changeable-copy sign characterized
by a repetitive cycle in which the period of illumination is either
the same as or less than the period of non-illumination.
A sign permanently or temporarily affixed by any means in
or upon the ground.
Any sign lighted by electricity, gas or other artificial
light, including reflective or phosphorescent light, which must conform
to all National Board of Fire Underwriters requirements.
Light-emitting diodes, differing from incandescent bulbs
because a variety of colors can be emitted from the same bulb without
using filters; has the ability to display scrolling or flashing messages
as well as a variant of colors. This definition includes electronic
message boards, liquid crystal displays, digitized signs or sign parts,
variable electronic message centers and similar electronic displays.
Any light, string of lights or group or movement of lights
located or arranged so as to cast illumination on and draw attention
to a sign, person, activity, or business.
A ground sign generally having a low profile with little
or no open space between the ground and the sign.
Sign less than 80 square feet one-sided used to attract attention
to an object, product, service, place, activity, institution or business
not located on site where sign is located.
Sign intended for continuous display.
Freestanding sign in excess of six feet high that is detached
from a building and is attached to a single pole or similar structure.
A sign related to a business or activity or service or sale
upon the sign location premises. The primary sign must be the most
predominantly featured. Only one primary sign per business is allowed
to be placed on any building.
Any state, county or Town-owned land for the purpose of public
transportation.
A sign related to a business or activity or service or sale
upon the sign location premises, subordinate to the primary sign.
Only one secondary sign is allowed per business that has a public
parking lot, street, highway or access way.
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
out-of-doors upon a building, structure, or piece of land which directs
attention to an object, product, service, place, activity, person,
institution, organization or business and its membership.
The length of the property that is contiguous with a public
street or right-of-way. Where the lot abuts more than one public right-of-way,
the street frontage will be the length of the longest side.
Any sign constructed of cloth, paper, canvas, plastic or
light fabric, wallboard, or other light, impermanent material with
or without frames intended to be displayed for a limited period of
time only.
A sign fastened to or painted on the wall of a building/structure
in such a manner that the wall becomes the support structure for or
forms the background surface of the sign, and the sign does not project
more than 12 inches from building/structure.
A sign placed inside or upon a window facing the outside
which is intended to be seen from the exterior.
[Amended 6-28-2021 by L.L. No. 6-2021]
A.
If part of a site plan, appearance and placement of signs are subject
to Planning Board review and Town Board approval, taking aesthetics
into consideration.
B.
Multiple permanent signs per parcel must be approved by Planning
Board or as part of a site plan.
C.
One freestanding sign is allowed for each individual building that
is not a part of a multiple development and permitted in nonresidential
sign district only.
D.
Signs must not prevent vehicle drivers from having a clear and unobstructed
view of any official sign or entrance or exit to a roadway or intersection,
or to approaching or merging traffic.
E.
Twelve feet height maximum unless approval granted by Planning Board
or by Town Board as part of site plan.
F.
Lighted signs permitted only by Planning Board approval.
G.
Single pole signs are prohibited.
H.
Landscaping is recommended. Sign and area around it must be maintained.
I.
Street number must be displayed on permanent signs.
J.
Monument or ground level signs are recommended. Maximum height equals
eight feet above grade level. Maximum square footage per side equals
32 feet for a total 64 square feet. Deviations must be approved by
Planning Board.
K.
Monument signs must be located minimum 25 feet from nonresidential
lot and 50 feet from adjacent residential lot and 15 feet minimum
from ROW.
L.
Maximum total face area of a freestanding sign is determined by street
frontage of the lot as follows (if lot fronts on more than one street,
it is the longest street):
|
Street Frontage
(linear feet)
|
Total Face Area
(square feet)
|
Total Signage
|
|---|---|---|
|
Under 200
|
64
|
128
|
|
200 to 349
|
96
|
192
|
|
350 to 499
|
128
|
256
|
|
500 to 750
|
192
|
384
|
|
Over 750
|
224
|
448
|
|
NOTE:
|
|
Total face area of sign counts against total maximum allowable
face area.
|
M.
Multibusinesses per parcel signs:
(1)
Must be consistent with other existing signs on site, including replacement
of existing signs that are damaged or destroyed.
(2)
Repair or replacement of previously approved signs that are damaged
or destroyed are permitted in kind without approval or fee.
(3)
If a new business is added to an existing sign, it must not be greater
than 50% of original sign and submitted for approval by the Planning
Board.
(4)
Signs must be kept clean, neatly painted and free from all hazards,
including faulty wiring and loose fastenings, and must be maintained
at all times in a tidy and safe condition so as not to disserve the
public health, safety and general welfare. Any sign found unsafe or
unsecure or that is a menace to the public must be suitably repaired
or removed.
(5)
Any sign no longer performing its original function due to vacancy
or other change on the premises on which sign is located must be painted
over by the owner within 30 days and removed within one year, including
foundation and supporting structure.
N.
Roof signs.
(1)
Roof signs are not permitted unless approved by Planning Board or
by Town Board as part of site plan.
(2)
Signs placed above or supported on top of a structure must be constructed
of incombustible material and supported by framework of structural
steel or comparable metal, except that lattice under sign, moldings
and capping can be wood or other combustible material.
(3)
An open space must be maintained below bottom of sign except for
necessary vertical supports. Within fire limits, roof sign cannot
be supported by or attached to wooden beams or other wood structure
over 40 feet high.
(4)
Roof sign must be designed for wind pressure meeting current building
codes.
(5)
Metallic parts of a roof sign exposed to lightning must be grounded.
(6)
Roof signs must not interfere with access to all parts of the roof,
scuttle or fire escape.
[Amended 6-28-2021 by L.L. No. 6-2021]
A.
Historical markers, tablets and statues, memorial signs, and plaques.
B.
Names of buildings and dates of erection when cut into masonry or
of bronze, stainless steel, etc.
C.
Emblems installed by government agencies, religious or nonprofit
organizations cannot exceed six square feet maximum size.
D.
On-premises direction signs identifying public parking, fire zones,
entrances, and exits cannot exceed four square feet per face maximum
and six feet high. Can be internally illuminated.
E.
Personal names, excluding advertising messages.
F.
Nonilluminated warning, private drive, posted or no-trespassing signs
cannot exceed two square feet per face maximum.
G.
One on-premises sign (freestanding or attached) for any business
conducted on same premises as a house; cannot exceed eight square
feet maximum and must be set back at least 10 feet from ROW without
direct glare illumination beyond property line.
H.
Number and name plates mounted on house, apartment, or mailbox identifying
residents, cannot exceed two square feet maximum.
I.
Lawn signs identifying residents with no advertising message. Cannot
exceed four square feet. Can only be illuminated if the sign support
is a lamppost.
J.
Architect, engineer, contractor and/or owner signs on premises where
work is in progress. Cannot exceed 12 square feet.
[Amended 6-28-2021 by L.L. No. 6-2021]
A.
Temporary signs must not be attached to utility poles or street signs.
Temporary signs cannot be placed in the right-of-way and must not
create a visual obstruction.
B.
Temporary signs for commercial purposes must have an approved permit
with a paid fee. No permit is required for temporary signs in residential
districts.
C.
Temporary signs are allowed in all districts, provided a permit has
been obtained, if required
D.
Maximum face area size is 32 square feet in non-residential districts.
Maximum face area size is 16 square feet in residential districts.
E.
Banners are allowed in all districts without a permit unless for
commercial purposes.
F.
Temporary A-frame signs are permitted for commercial use only. Must
not exceed eight square feet in area per side, be no more than four
feet from the building, and can only be used during business hours.
One such sign allowed per tenant in a plaza.
G.
LED, animated, and illuminated temporary signs are only allowed by
the Planning Board with an approved permit.
H.
Must be located at least 15 feet off paved portion of road, including
A-frame signs.
A.
Off-premises signs must be approved by the Planning Board.
B.
Written permission of the property owner where sign is to be displayed
must be included with the sign application.
C.
Off-premises signs must be located at least 15 feet from the street
right-of-way and 20 feet from adjoining properties. Size is limited
to six square feet per side, unless approved by the Planning Board.
D.
Temporary off-premises signs advertising an event not located on
the same site as the sign must be removed three days after event date.
E.
The Code Enforcement Officer will issue a warning to off-premises
sign applicants and land owner concerning any violations of these
requirements.
A.
Any illuminated sign or lighting device must employ light of constant
acceptable intensity.
B.
A static duration of at least 30 seconds before a message changes.
C.
No flashing, intermittent, animated, rotating or moving light(s)
are allowed.
D.
Illuminated sign or lighting device must not be placed where the
beams of light are illuminated directly on a public street, highway,
sidewalk or adjacent premises causing glare or reflection that may
create a traffic hazard or nuisance.
E.
Spacing: one LED sign per parcel and at least 400 feet from nearest
noncommercial district.
F.
The full number of illuminating elements of a sign must be kept in
working condition or immediately repaired or replaced.
G.
Overhead wires or exposed wires on a sign or its supporting member
are prohibited.
H.
No sign can include any mirror or mirror-like surface nor any day-glowing
or other fluorescent paint or pigment.
I.
LED signs for religious or public institutions, schools and fire
departments are subject to review by Planning Board and may be restricted
based on location or other criteria.
A.
When any sign is constructed, erected or maintained in violation
of any of the terms of this sign code or is unsafe and unsecure or
is in such condition as to be a menace to the safety of the public,
the Code Enforcement Officer will issue a notice in writing to the
owner directing him to alter or repair such structure in a safe and
secure condition within a reasonable time. Upon failure to comply,
the CEO may issue an order to remove the sign. Upon failure to remove
sign, it will be removed and removal expense will be charged to the
sign owner.
B.
The Code Enforcement Officer may, at any time, revoke any sign permit
for a violation of the sign code. Notice of revocation and reason
given in writing will be mailed to the last known owner of the premises
on where the sign is placed using the address on the assessment roll
of the Town of Newstead. A copy will be filed with the Town Clerk.
A.
A permit is needed to erect, re-erect, construct or structurally
alter a sign or sign structure.
B.
Application for a sign permit shall be made to the Code Enforcement
Officer and include the following:
(1)
Acceptable proof of consent of the property owner where sign is to
be located.
(2)
Plan drawings to scale.
(3)
Full description of the placement and appearance of proposed sign,
including location on the premises; specifically, its position in
relation to adjacent buildings, structures and property lines.
(4)
Method of illumination and the position of lighting.
(5)
Graphic design, including symbols, letters, materials and colors,
visual message, text, copy or content of the sign.
C.
For multiple-building developments, a coordinated sign plan must
be submitted to the Planning Board in addition to the application
procedure.
D.
Upon receipt of a complete application and fee payment, the Code
Enforcement Officer will examine the information and either issue
a sign permit or refer it to the Planning Board for approval.
Any person who violates any provisions of this chapter or any
regulation adopted hereunder is guilty of an offense punishable by
a fine not exceeding $250 for the first violation; and a minimum of
$250 and a maximum of $500 for a second violation within five years;
and a minimum of $500 and a maximum of $750 for a third or subsequent
violation within five years; or imprisonment for a period not to exceed
15 days, or both. Each week's violation shall constitute a separate
violation.
If any section, subsection, phrase, sentence or other portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
