[HISTORY: Adopted by the Town Board of the Town of Horseheads 1-8-1986.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 204.
This chapter shall hereafter be known as the "Sign Ordinance for the
Town of Horseheads."
The purpose of this chapter is to promote and protect the public health,
welfare and safety by regulating existing and proposed outdoor advertising,
outdoor advertising signs and outdoor signs of all types. It is intended to
enhance and protect the physical appearance of the community and to preserve
the scenic and natural beauty of the areas in the town and to provide a more
enjoyable and pleasing community and to protect property values and to maintain
a favorable economic and business climate consistent with the topography and
the present use and development of lands in the town and the needs of the
town. It is further intended hereby to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents and to reduce hazards
that may be caused by signs overhanging or projecting over public rights-of-way
and blocking views. This chapter recognizes the obligation to the town for
its people, to protect and preserve the community's environment and to provide
open space and to curb the deterioration of the town's natural beauty.
As used in this chapter unless the context indicates otherwise the following
terms shall have the meanings indicated:
A sign which directs attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed.
A sign which directs attention to a business or profession conducted
or to a commodity, service or entertainment sold or offered upon the premises
where such sign is located or to which it is affixed.
The official designation by the Town Board of the Town of Horseheads
to administer the provisions of this chapter.
To build, construct, alter, repair, display, relocate, attach, hang,
place, suspend, affix or maintain any sign.
Any outer surface of a building.
The surface of the sign upon, against or through which the message
is displayed or illustrated on the sign.
Any illuminated sign on which the artificial light is not maintained
stationary or constant in intensity and color at any time when such sign is
in use. For the purpose of this chapter, any revolving, illuminated sign shall
be considered a "flashing sign."
Any sign or sign structure not attached to the exterior of a building.
That face which contains the main entrance. If there is more than
one (1) entrance, only one (1) face shall be deemed to be the "front."
Any sign which has any face or surface, character, letter, figure,
design or outline lighted or illuminated internally or externally, whether
the source of light or illumination is a part of the sign proper or otherwise.
Constitutes updated, uniform regulations in terms of performance
covering all types of building construction as proclaimed by the State Building
Code Council pursuant to its authority under Article 18 of the Executive Law
of the State of New York.
Any marquee, canopy, awning or street clock.
Person, firm, partnership or association, company or corporation
holding title to the land and/or building or structure upon which or to which
said sign or advertising structure is erected, supported or affixed.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind who either by ownership or lease holds
title to the sign or signs on the premises and is the person to whom a permit
under this chapter has been issued or may be issued.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
Any sign which projects from the exterior of any building.
Any group of two (2) or more stores for which there is provided off-street
parking.
Any material, structure, device or other advertising structure or
part thereof composed of lettered or pictorial matter or upon which lettered
or pictorial matter is or may be placed when used or located out of doors
or on the exterior of any building for the display of announcements, notices,
directional matter or name, and includes sign frames, billboards, signboards,
pole or pylon signs, ground signs, hanging signs, projecting signs, illuminated
signs, pennants and fluttering devices, 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. However, a "sign" shall not include any display
of an official court or required public official notices or signs nor any
official traffic control device, nor shall it include the flag, emblem or
insignia of a nation, political unit, school or religious group. A "sign"
shall not include a sign located completely within an enclosed building unless
the context shall so indicate.
The surface area of the sign, including the frame, place or structure
used to hold up any lettering or pictorial matter. In the event that a sign
is irregular in shape, the area of the sign shall be taken as the area of
the smallest rectangle that can be placed over the entire sign, including
its lettering, devices, frame and decorative moldings along its edges and
background, if of a different color than the predominant color surrounding
the sign, except as otherwise provided herein. In the event that a letter
or letters or other pictorial matter are placed as separate units on the background
boards, the sign area shall be calculated as the sum of the areas of the background
boards. In the case of a two-sided freestanding sign, the "sign area" is considered
to be the entire surface area of one (1) face of the sign. The "sign area"
of signs having more than two (2) sides is the sum of the surface area of
all sides.
The molding, battens, cappings, nailing strips, latticing and platforms
which are attached to the sign structure.
A sign which due to its construction or material is intended to be
of a nonpermanent duration or is placed upon legs, skids, wheels or other
nonpermanent method.
No person shall erect any sign without first obtaining a permit from
the Code Enforcement Officer, except in those cases where this chapter specifically
permits the erection of a sign without a permit.
Application for permit shall be made in writing, in duplicate, upon
forms prescribed and provided by the Code Enforcement Officer, to the Code
Enforcement Officer. It shall be the duty of the Code Enforcement Officer,
upon the filing of an application for any sign permit, to examine such plans
and specifications and other data and the premises upon which it is proposed
to erect the sign or other advertising structure. If it appears that the proposed
structure is in compliance with all requirements of this chapter, the New
York State Uniform Fire Prevention and Building Code and other laws and ordinances
of the Town of Horseheads, the Code Enforcement Officer shall then issue the
sign permit.
If work authorized under a sign permit has not been completed within
six (6) months after the date of issuance, such permit shall be null and void.
All rights and privileges acquired under the provisions of this chapter
or any amendment thereto are merely licenses, revocable at any time by the
Code Enforcement Officer or other authorized person or body, upon failure
of the holder thereof to comply with any provision of this chapter, and all
such permits shall contain this provision.
The prohibitions contained in this section shall apply to all signs
constructed and maintained in the Town of Horseheads, exclusive of the incorporated
Villages of Horseheads and Elmira Heights:
A.
Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or lights.
In no event shall an illuminated sign or lighting device be so placed or directed
so as to permit the beams and illumination therefrom to be directed or beamed
upon a public street, highway, sidewalk or adjacent premises so as to cause
glare or reflection that may constitute a traffic hazard or a nuisance.
B.
No part of a sign shall project more than two (2) feet from the front or face of a building, except as provided in § 152-9 herein.
C.
No signs shall be placed on the roof of any building.
D.
No portable or temporary sign shall be placed outside or on the front or face of any building except as provided in § 152-12 herein.
E.
No sign or part thereof shall contain or consist of a
string of lights, banners, posters, pennants, ribbons, streamers, spinners
or other similar moving, fluttering or revolving devices, revolving beacon,
oscillating light, flashing light, strobe light, flashing wand or pointer
or light designed to imitate any emergency vehicle warning light.
F.
No sign shall be erected or displayed on any public property,
including the right-of-way of any street, roadway or highway.
G.
Advertising signs facing a public highway shall be no
closer to one another than five hundred (500) feet.
H.
No advertising sign, including billboards, shall be located
within an area of six hundred sixty (660) feet of the right-of-way of a federally
aided primary highway, including the Southern Tier Expressway.
I.
No advertising sign shall be located within three hundred
(300) feet of a residential district nor within three hundred (300) feet of
a school, library, church or hospital. Further, such advertising sign shall
be so located that its message or legend shall not be legible from any residential
district, school, library, church or hospital or portion thereof.
All signs shall conform to the following restrictions concerning setback
and height:
A.
Every sign shall be setback one-half (1/2) the required
front yard setback for the district in which the sign is located, with a required
minimum setback of fifteen (15) feet. The setback shall be measured from the
public right-of-way. In the event that the building sets closer to the right-of-way
than the required setback for the sign, then the owner shall be allowed to
erect a sign upon the building which shall not project more than three (3)
feet therefrom.
B.
No sign shall be higher than the maximum height allowed in feet for the particular zoning district, except residence districts, wherein such sign is located and all signs or advertising structures are subject to further restrictions of height as herein specified or as specified in the Ch. 204, Zoning, of the Code of the Town of Horseheads.
C.
No sign in any residential district shall exceed ten
(10) feet in height.
A.
The following signs may be erected in any district of
the Town of Horseheads without a permit:
(1)
Signs advertising the sale, lease or rental of the premises
upon which the sign is located, which sign shall not exceed six (6) square
feet.
(2)
Signs denoting the names and address of the occupants
of premises occupied for residential purposes, which signs shall not exceed
two (2) square feet in area.
(3)
Directional (entrance/exit) signs on premises, each not
exceeding two (2) square feet in area and which shall not include any trademarks
or names of businesses conducted or products sold.
(4)
A sign of notice, having an area of twenty (20) square
feet or less, erected by a public utility, necessary for the direction, information
and safety of the public.
B.
The following signs are permitted in any area of the
Town of Horseheads, but they shall not be erected or maintained without a
permit as provided herein:
(1)
Signs advertising a home occupation, as approved by Ch. 204, Zoning, that shall not exceed two (2) square feet.
(2)
Signs or bulletin boards customarily incidental to places
of worship, libraries, museums, social clubs or societies, which signs or
bulletin boards shall not exceed twenty-five (25) square feet in area and
shall be located on the premises of the institutions.
(3)
Signs advertising real estate developments or subdivisions,
during the period of development not to exceed one (1) year from the date
of permit are permitted in a district zoned residential. These signs shall
not exceed fifty (50) square feet in area and shall advertise only the name
of the contractor, owner, architect, engineer, developer or financial institutions,
and such signs shall not be illuminated in any manner or exceed two (2) in
number. The permit may be renewed for two (2) additional periods of one (1)
year each for good cause shown.
(4)
Signs of a temporary nature, listing the contractor,
owner, architect, engineer, developer or financial institutions, may be placed
on premises where construction, repair or renovation is in progress, which
signs shall not exceed fifty (50) square feet in area. Such signs shall be
removed immediately upon completion of the project or after a period of three
(3) years from the date of the permit, whichever comes first.
In all districts, except Residence AA, A and B, of the Town of Horseheads,
no signs shall be erected or maintained except as follows:
A.
The sign area of any sign, or if more than one (1) is
erected, the sum total of all signs in the aggregate, shall not exceed seventy-five
(75) square feet for each one hundred (100) feet of frontage, up to a maximum
of two hundred fifty (250) square feet of total sign area.
B.
If there are more than two (2) businesses operated on
any one (1) parcel of contiguous parcels, which parcel or parcels are under
ownership, operation, management or control of the same person, persons, firms
or corporations or, in the case of a shopping center or other multiuse commercial
facility, the maximum number of freestanding signs permitted for the parcel,
parcels, development or shopping center as a whole shall be two (2) regardless
of the number of separate businesses operated thereon.
All signs of a temporary nature shall be erected only as follows:
A.
All signs of a temporary nature, not advertising or business signs, such as political or civic posters, and other signs of a similar nature may be erected without a permit for a period not to exceed forty-five (45) days, provided that the written consent of the property owner is obtained and that such signs are not attached to fences, trees, utility poles or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. Such signs shall not be erected within the right-of-way of any street or highway and shall conform to the setback requirements in § 152-8 of this chapter. Upon the expiration of the forty-five-day period, such sign shall be removed by the person, persons, firm or corporation who, or at whose request and direction, caused the same to be erected.
B.
All advertising or business signs of a temporary nature
or construction may be erected, with a permit, for a period not to exceed
a total of thirty (30) days in any calendar year, provided that the written
consent of the property owner is obtained, and further provided that such
signs are not placed or in any manner create a hazard or disturbance to the
health and welfare of the general public. Such signs shall not be erected
within the right-of-way of any street or highway and shall conform to all
other requirements of this chapter. Upon the expiration of said thirty-day
period, such sign shall be removed by the person, persons, firm or corporation
who, or at whose request and direction, caused the same to be erected; and
the person, persons, firm or corporation shall cause to be returned to the
Code Enforcement Officer for the Town of Horseheads a duplicate copy of the
permit with a certification thereon as to the date of removal of said sign.
All signs shall comply with the provisions of this section or be removed
or altered to comply within thirty (30) days after written notification by
the Code Enforcement Officer.
B.
No sign, whether new or existing, shall hereafter be
erected or altered except in conformity with the provisions of this chapter.
However, notwithstanding any provisions contained herein, the sign must be
kept clean, neatly painted and free from all hazards, including but not limited
to holes in the sign, faulty wiring and loose fastenings, and the sign must
otherwise be maintained at all times in good repair and shall not be detrimental
or dangerous to the public health or safety. All signs shall be erected and
maintained in conformity with the New York State Uniform Fire Prevention and
Building Code.
C.
No sign or advertising structure shall be erected, relocated
or maintained so as to prevent free ingress or egress from any door, window
or fire escape. No sign of any kind shall be attached to a standpipe or fire
escape.
D.
In the event of failure to comply with the requirements
of said notice within the period required therein, the permit for such sign
shall be automatically revoked, and such sign shall be removed by the owner
thereof or by the owner of the land on which such sign is located.
E.
If the permittee or owner fails to remove or alter the
sign or other advertising structure so as to comply with standards herein
set forth within thirty (30) days after such notice, such sign or other advertising
structure may be removed or altered to comply by order of the Code Enforcement
Officer, and the expense thereof shall be levied against the owner of the
land, building or structure to which said sign was attached. Thereafter, the
Code Enforcement Officer shall refuse to issue any permit to any permittee
or owner who refuses to pay the cost so assessed until the same is paid.
F.
Notwithstanding anything hereinbefore contained, if the
Supervisor, Code Enforcement Officer or Town Highway Superintendent shall
determine that any sign is unsafe or is an actual or imminent traffic or other
hazard or danger to the public, he or she may require that such sign be either
removed or corrected to remove such hazards or dangers within a shorter period
than is above provided, but not less than two (2) days. If said sign is not
removed or repaired within the required period, the Code Enforcement Officer
may remove said sign and any permit for such sign shall be revoked, or he
may repair said sign. All costs and expenses incurred in the removal or repair
of such sign shall be collected either from the owner of the land or the owner
of the sign in an action at law after written demand of at least five (5)
days served on either the owner or permittee or such costs and expenses shall
be assessed against the owner of the land upon which the sign is erected and
shall be paid and collected as part of the town and county tax next due and
payable, but no such amount shall be so assessed and collected unless a notice
in writing of the amount due has been delivered personally or mailed to the
owner of the land on which sign is erected prior to the first day of September
of the year in which the amount is first levied and assessed for collection
along with the general town tax.
G.
If it is determined that any sign is a source of immediate
peril to any person or property, such sign may be removed summarily and without
notice by the Code Enforcement Officer, and the costs and expenses thereof
shall be collected or assessed as provided above.
Any notice or written demand required to be served hereunder shall be
delivered either personally or sent by mail to the owner or permittee of the
sign or the owner of the land upon which the sign is erected, or to both,
as their names and addresses appear in applications for a permit for such
sign or in any other documents on file with the Code Enforcement Officer setting
forth the names and addresses of the owners or permittees of the sign and
of the land upon which the signs are to be erected. The period stated in any
notice or written demand shall commence from the date on which any notice
is delivered personally to any such owner or, if mailed, the date on which
such notice is deposited in a duly maintained post office box or officer branch
office of the United States Postal Service. Any such notice may be delivered
to any agent or representative of the owner or employee of the owner. The
owner of any lands or sign may notify the Code Enforcement Officer in writing
of any change in address to which any notices may be sent.
Any sign which has been in existence by duly issued permit prior to
the effective date of this chapter and which does not conform to the provisions
and standards of this chapter and any amendments thereto, shall be removed
within three (3) years from the effective date hereof, unless within such
period, such sign has been changed or repaired in a manner which will meet
the requirements of this chapter, and provided that such sign is not otherwise
prohibited by this chapter.
Any person aggrieved by any decision of the Code Enforcement Officer relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals as provided in Chapter 204, Zoning, of the Code of the Town of Horseheads and shall also comply with all procedural requirements prescribed by such Zoning Board of Appeals; in addition, the provisions of Article 16 of the Town Law pertaining to appeals to a Board of Appeals shall apply to the appeal permitted herein.
Whenever any action at law is brought to collect a sum of money, the
defendant shall pay attorney's fees, if any.
A violation of the provisions of this chapter is hereby declared to be an offense, punishable as set forth in Chapter 1, Article II, General Penalty. However, for the purpose of conferring jurisdiction upon the courts and judicial officers generally, the owner, general agent, contractor, lessee and/or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builders, contractor or any person who knowingly commits, takes part or assists in any such violation shall be deemed guilty of misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation. Each week's continued violation shall constitute a separate additional violation.
