Town of Perinton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 as Ch. 122 of the 1976 Code. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 208.

§ 174-1 Title.

This chapter shall hereafter be known and cited as the "Sign Law of the Town of Perinton."

§ 174-2 Applicability.

[Amended 8-9-1989 by L.L. No. 3-1989]
This chapter shall apply to the entire area of the Town of Perinton, excluding those areas within the corporate limits of the Village of Fairport.

§ 174-3 Purpose.

A. 
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 and of signs on the inside of any building that are observable from the outside. 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 of designated areas 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, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way and to improve beauty and community environment. It is the intention of this chapter to regulate all exterior signs and interior signs which are visible from the exterior of the building.
B. 
It is further intended that in commercial, industrial and restricted business areas, all signs within one complex shall be coordinated with the architecture in such a manner that the overall appearance is harmonious in color, form and proportion.
[Amended 8-9-1989 by L.L. No. 3-1989; 7-25-2012 by L.L. No. 2-2012]

§ 174-4 Definitions.

As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated.
ACCESSORY SIGN
Any sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such a sign is located.
AREA OF SIGN
The area of a sign shall be determined by multiplying the maximum horizontal measurement times the maximum vertical measurement of the lettering and the pictorial matter. The area of all signs will be determined as though they consist of four square corners.
[Added 1-25-1978 by L.L. No. 1-1978]
BILLBOARD
See "nonaccessory sign."
BUILDING
Any structure designed or erected so as to present the appearance of a single harmonious unit. Where a conflict of opinion arises as to whether a structure is composed of one or several buildings, the determination shall be made by the Planning Board.
DISTRICT
When used in regard to use districts, zoning districts or classes of districts, said provisions shall be defined and interpreted as used in Chapter 208, Zoning, of the Code of the Town of Perinton.
[Added 1-25-1978 by L.L. No. 1-1978]
ENCLOSED SHOPPING MALL
A group of contiguous commercial enterprises in one or more buildings which has a limited number of public entrances entering from the parking lot and the majority of the commercial enterprises front on an interior hall, walkway or mall.
ERECT
To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.
FRONT or FACE (of a building)
One outer surface of a building as designated on the architectural drawings submitted to the Planning Board or Board of Appeals.
GARAGE SALE
The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. (See §§ 174-8A and 208-14S.)
[Added 5-8-2002 by L.L. No. 4-2002]
GROUND SIGN or FREESTANDING SIGN
Any sign not attached to any building.
HEIGHT
When used in regard to freestanding signs, the vertical distance between the grade level of the ground floor of the principal building on said lot and the portion of the sign referred to in this chapter.
IDENTIFICATION SIGN
To conform to the definition of sign and to include the name and/or address of the property.
[Added 8-9-1989 by L.L. No. 3-1989]
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial light, including reflective, projected, incandescent, phosphorescent or neon light, either interior or exterior, direct or indirect.
LIGHTING DEVICE
Any light, string of lights or group of lights located or arranged so as to illuminate a sign.
MESSAGE SIGN
A noncommercial advertising sign expressing the position, opinion or philosophy of the owner or occupant of the subject property regarding political, religious, social or economic causes.
[Added 8-9-1989 by L.L. No. 3-1989]
NONACCESSORY SIGN
Any sign or billboard related to a business or profession conducted, or to a commodity or service sold or offered, upon premises other than where such sign is located.
[Added 1-25-1978 by L.L. No. 1-1978]
OFFICE
A place, such as a building, room or suite, where professional duties, etc., are carried out by a single tenant/organization or group.
[Added 8-9-1989 by L.L. No. 3-1989]
OFFICE COMPLEX
A site containing multiple offices.
[Added 8-9-1989 by L.L. No. 3-1989]
PERSON
Any person, firm, partnership, association, corporation, company, institution or organization of any kind.
POLITICAL SIGN
A sign which by its content promotes or supports or opposes a candidate or candidates for any public office or which advocates a position on upcoming ballot proposition(s).
[Added 8-9-1989 by L.L. No. 3-1989]
PREMISES
All real property assessed as a single tax account number by the Town of Perinton and all buildings and structures connected by a common wall.
PROJECTING SIGN
Any sign which projects from the exterior of any building.
ROOF
That part of the external covering of a building which is not on the same plane as the vertical or supporting walls of the building. With types of structures such as A-frame, Quonset or similar structures that have no clear line of demarcation between the supporting walls and the roof, the roof shall be considered to start eight feet above ground level.
SHOPPING PLAZA
A group of contiguous commercial enterprises in one or more buildings fronting on a common parking lot, with each enterprise having an outside public entrance fronting on the common parking area, or an interior mall.
[Amended 9-23-1998 by L.L. No. 2-1998]
SIGN
Any material, structure or device, or any 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 or on the inside of any building which is observable from the outside, including window-display area, for display of advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration, logo, monogram 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. The sign area shall also include any background of a different color or material.
TEMPORARY SIGN
A sign related to a single activity or event having a duration of no more than 30 days. This does not include the signs regulated under § 174-6K.
[Added 8-9-1989 by L.L. No. 3-1989]

§ 174-5 Exceptions.

For the purposes of this chapter, the term "sign" does not include:
A. 
Signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation.
B. 
The changing of the advertised copy or message on an approved painted or printed sign or theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.
C. 
Repainting, cleaning and other normal maintenance and repair of a conforming sign or a conforming sign structure, unless a structural change is made.
D. 
Memorial tablets or signs, and historic markers.
E. 
Signs which are within a ball park or other similar public or private recreational use and which cannot be seen from a public street or adjacent properties.
F. 
Flags, emblems or insignia of the United States, the State of New York, other countries and states, the United Nations Organization or similar organizations of which this nation is a member, and of the President or Vice President of the United States.
G. 
Small signs displayed for the direction or convenience of the public, including signs which identify rest rooms, location of public telephones, freight entrances, traffic controls or the like, with a total area not to exceed two square feet.
H. 
Freestanding signs or signs attached to fences at approximate eye level, no larger than two square feet, warning the public against hunting, fishing, trespassing, dangerous animals, swimming or the like.
I. 
Any information or directional sign or historical marker erected by a governmental agency, which may include signs displayed by a governmental agency for the purpose of giving directions and distances to commercial districts in which are located the following types of commercial facilities for the convenience of the traveling public: restaurants, motels and establishments for the servicing of motor vehicles, provided that no such sign shall give direction or distance to any specific business establishment.
J. 
Civic signs for the purpose of displaying shields, emblems or signs of civic, charitable or religious organizations with offices or meeting places located in the Town for the purpose of advertising said organization, its address and/or meeting place, and the days and hours of meeting, with a total area of not to exceed two square feet for each such sign.
[Amended 1-25-1978 by L.L. No. 1-1978]
K. 
An illuminated sign, using only the word "open," and operational only when a commercial business is open for business, provided that it has no more than two colors, is no greater in size than two square feet, faces the public right-of-way and there is only one such sign per premises.
[Added 7-26-1995 by L.L. No. 3-1995]

§ 174-6 General regulations.

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, lighting or a reflective device or projected light 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 nuisance.
B. 
The use of pennants, banners, posters, ribbons, spinners, streamers, moving signs, flashing or intermittent lights, glittering, reflective, projected, animated or rotating signs, the changing of degrees of light intensity or color, or other similar moving, fluttering or revolving eye-catching devices, is not permitted on any sign accessory thereto or as separate devices. Searchlights and strings of lights shall not be used for the purposes of advertising or for attracting attention.
C. 
No part of a projecting sign shall be erected or maintained so that it extends more than 18 inches from the front or face of a building.
D. 
No signs or lighting devices shall be placed on or attached to the roof, marquee or overhang of any building. No sign attached to a building shall extend above the roof line.
E. 
No sign shall project over any property line.
F. 
No portable or temporary sign shall be placed on a building or on any premises, except as provided in accordance with the provisions of this chapter.
G. 
Preexisting signs which do not comply with this chapter shall be brought into conformity herewith upon any:
[Amended 1-25-1978 by L.L. No. 1-1978]
(1) 
Change of ownership of the premises;
(2) 
Change of activity advertised except multitenants;
(3) 
Failure to maintain such sign as required by § 174-15 herein;
(4) 
Destruction or damage to said sign to the extent of 51% of its replacement cost determined as of the time of the destruction or damage; or
(5) 
Creation of a hazard or disturbance to the health and welfare of the general public as determined by the Commissioner of Public Works.
H. 
No sign shall be painted directly on a building wall.
I. 
No portable signs are permitted, including any sign displayed on a vehicle or trailer used primarily for the purpose of such display, but excluding parade signs. This regulation shall not be deemed to prohibit advertising on vehicles on public streets which is not otherwise prohibited by law.
[Amended 1-25-1978 by L.L. No. 1-1978]
J. 
No signs are permitted that violate any provision of any law or regulation of the State of New York or the United States relative to outdoor advertising.
K. 
No signs shall be placed in windows or behind glass walls that cover an area in excess of 20% of the total exterior glass surface. Illuminated signs are not allowed in windows or immediately behind windows except as provided in § 174-5K.
[Amended 8-9-1989 by L.L. No. 3-1989; 7-26-1995 by L.L. No. 3-1995]
L. 
No sign shall be permitted that obstructs any window, door, fire escape, stairway, ladder, opening or access intended for light, air or ingress to or egress from any building.
M. 
No sign shall be permitted that is attached to a utility pole, whether on public or private property, except official notices or announcements as provided above, and warning signs as provided above.
N. 
No sign shall be permitted which by reason of its location, position, size, shape or color may obstruct, impair, obscure, interfere with the view of or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. No sign shall use the words "stop," "caution," "yield," "danger," "warning" or "go" when such sign may be confused with a traffic control sign used or displayed by a public authority.
O. 
No nonaccessory sign shall be constructed at any location after the effective date of this chapter, with the exception of garage sale and real estate signs which are regulated separately in §§ 208-14S and 174-7A.
[Amended 1-25-1978 by L.L. No. 1-1978; 5-8-2002 by L.L. No. 4-2002]

§ 174-7 Permitted signs in all districts.

A. 
The following signs are permitted in any use district without a permit, with the restriction that signs under this section and § 174-8D shall not, in the aggregate, number more than two per property.
[Amended 1-25-1978 by L.L. No. 1-1978; 8-9-1989 by L.L. No. 3-1989]
(1) 
A sign advertising the sale, lease or rental of the premises upon which the sign is located. Only one sign shall be permitted on each parcel. On residential property, said sign shall not exceed six square feet in area and 42 inches in height above the ground and may have printing on two sides and shall be removed within seven days after the sale, lease or rental. On nonresidential property, said sign shall not exceed 16 square feet in area and eight feet in height above the ground and may have printing on two sides and shall be removed within seven days after the sale, lease or rental. Such sign shall be placed anywhere within the property line of the premises advertised.
[Amended 9-23-1998 by L.L. No. 2-1998; 5-8-2002 by L.L. No. 4-2002]
(a) 
A second freestanding sandwich sign and open for inspection sign shall be permitted only during those hours which such property is actually available for public inspection, which shall be within the hours of 8:00 a.m. and 6:00 p.m., and if located upon such premises.
(b) 
Directional signs, advertising the property or goods as being open for inspection shall be permitted at the intersections of those streets leading to the property only during those hours in which the property is actually available for public inspection. All such signs shall be placed behind any pavement, curb, gutters or sidewalks, and no sign shall be attached to any highway sign or utility poles.
(c) 
Sandwich signs, A-signs and directional signs may have printing on two sides, but such signs shall not exceed six square feet in area.
(d) 
None of these real estate signs will be allowed at the following street intersections:
[1] 
Pittsford-Palmyra Road and Expressway.
[2] 
Pittsford-Palmyra Road and Kreag Road.
[3] 
Pittsford-Palmyra Road and Moseley Road.
[4] 
Ayrault Road and Moseley Road.
[5] 
Pittsford-Palmyra Road and Turk Hill Road.
(e) 
For new subdivisions under development, one sandwich sign, A-sign or directional sign shall be permitted at the entrances to said subdivision or project without limitation of time and until the properties within the subdivision or project are sold or rented.
(2) 
A professional nameplate that shall not exceed two square feet in area and not over one foot in height, which may have printing on two sides, may be erected in conjunction with a customary home occupation.
(3) 
A sign denoting the property name, the name of the owner or occupant, the street name and house number of the premises, which sign shall not exceed one square foot in area and may have printing on two sides.
(4) 
A sign denoting the architect, engineer, contractor or financing institution placed on premises where construction, repair or renovation is in progress, which sign shall not exceed 32 square feet in area with printing on two sides only. It shall be removed when said work is completed. The top of said sign shall not be higher than eight feet above the ground. It shall not include the advertisement of any product. The sign shall be confined to the site of the construction and shall be removed within seven days following completion of construction.
(5) 
A sign within a developing subdivision denoting a model home or a sales office or within a sales or rental office, placed upon the lot or premises so denoted. Such sign shall not exceed two square feet in area and not over one foot in height, may have printing on two sides and shall be removed as follows:
[Added 1-25-1978 by L.L. No. 1-1978]
(a) 
In the case of the developing subdivision, within seven days after the sale of 95% of the allowable subdivision lots.
(b) 
In the case of the apartment or office building sales or rental office, upon the daily closing of said sales or rental office.
B. 
The following signs are permitted in any use district but require a permit as provided herein:
(1) 
A sign or bulletin board customarily incident to places of worship, public schools, public buildings, hospitals, nursing homes, libraries, museums, social clubs or societies, which sign or bulletin board shall not exceed 16 square feet in area and shall be located on the premises of such institution. The top of such sign shall not be higher than eight feet above the ground.
[Amended 1-25-1978 by L.L. No. 1-1978]
(2) 
Any sign advertising real estate developments or subdivisions permitted in a residential district shall not exceed six square feet in area or eight feet above the ground and shall advertise only the name of the owner, trade names, products sold and/or the business or activity conducted on the premises where such sign is located. No more than one sign shall be allowed for each such separate business or commercial activity conducted on the premises.
(3) 
Subdivision identification signs containing only the name of the subdivision and the streets located therein, provided that the bottom of such signs shall not be more than five feet above the ground, shall not be more than eight feet in length and shall have a maximum area of 32 square feet.[1]
[1]
Editor's Note: Former Subsection B(4), Sign setback, was repealed 1-25-1978 by L.L. No. 1-1978 and again 8-9-1989 by L.L. No. 3-1989.

§ 174-8 Temporary signs.

[Amended 1-25-1978 by L.L. No. 1-1978]
A. 
All signs of a temporary nature, such as banners and promotional signs (excluding signs covered elsewhere in this Code), may be granted a temporary permit for a period not to exceed 30 consecutive days, provided that such signs are not attached to fences, trees, utility poles or the like. Such signs shall not be placed in any public right-of-way nor 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. Said sign shall not exceed 16 square feet in area. One sign may be erected on any privately owned lot or parcel. A fee, as set from time to time by the Town Board, shall be paid upon the issuance of a permit for such sign. Each sign shall be removed within two days after the promotional event. If it is not removed, the Director of Code Enforcement and Development, after complying with the provisions of the Enforcement Procedures Law of the Town of Perinton,[1] shall cause said sign to be removed. This provision shall not apply to garage sale signs, open for inspection signs or signs used for less than a twenty-four-hour duration. (See §§ 208-14S and 174-7A respectively for regulations governing garage sale and real estate signs.)
[Amended 8-9-1989 by L.L. No. 3-1989; 12-10-1997 by L.L. No. 6-1997; 5-8-2002 by L.L. No. 4-2002; 2-24-2010 by L.L. No. 1-2010]
[1]
Editor's Note: See Ch. 115, Enforcement Procedures.
B. 
A temporary sign shall not exceed 32 square feet in area announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided that the sponsoring organization shall ensure proper and prompt removal of such sign. Such sign may be maintained for a period not to exceed two months.
C. 
A temporary sign shall not exceed 20 square feet announcing such happenings as "grand opening," "under new management" or "going out of business," subject to the following conditions:
(1) 
For a period not to exceed 10 days.
(2) 
Only in a location which has been given written approval by the Director of Code Enforcement and Development on a request for approval of a sign.
[Amended 2-24-2010 by L.L. No. 1-2010]
(3) 
On a given property, such a temporary sign may be displayed only one time by the same proprietor in a twelve-month period.
(4) 
Only upon the posting of a bond of $100 to ensure the removal of the sign(s) at the termination of a ten-day period. Such bond must be secured by a surety bond, certified check or cash.
D. 
Political signs shall be permitted, subject to the following standards:
[Added 8-9-1989 by L.L. No. 3-1989]
(1) 
No such sign shall exceed six square feet per face in area.
(2) 
Signs under this section, §§ 174-7A and 174-8E shall not, in the aggregate, number more than two per property.
(3) 
No such sign shall exceed six feet in height.
(4) 
Such signs shall be erected not more than 90 days prior to the election or event to which they relate and shall be removed within seven days after the election or event to which they relate.
(5) 
The owner of the property on which such signs are to be posted shall consent to the erection of such signs and shall be responsible for their removal.
(6) 
Such signs shall not require a permit, but signs erected on vacant land shall be registered with the Town by the owner of the property in person or by mail. Such registration is solely to assure the property owner's knowledge of the existence of said sign(s).
(7) 
Such signs shall not be affixed to fences, trees, utility poles, bridges or traffic signs and shall in no way obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.
(8) 
Such signs shall not be located within rights-of-way of public streets.
(9) 
Such signs shall not be closer than 10 feet to any abutting property line and shall comply with all other requirements of the law.
E. 
Message signs shall be permitted, subject to the standards of § 174-8D, with the exception of Subsection D(4).
[Added 8-9-1989 by L.L. No. 3-1989]

§ 174-9 Sign regulations by use and district.

[Amended 1-25-1978 by L.L. No. 1-1978; 8-9-1989 by L.L. No. 3-1989; 9-23-1998 by L.L. No. 2-1998; 5-9-2001 by L.L. No. 3-2001; 4-9-2014 by L.L. No. 1-2014]
The following shall apply to all signs for which a permit is required:
A. 
Apartment and Townhouse Districts.
(1) 
One or more signs per building shall be permitted, totaling 12 square feet per building. No one sign shall exceed four square feet. Such sign shall indicate only the name of the building and the address.
(2) 
All building-mounted signs shall be flush against the building and shall not project above the roofline nor above the second floor level.
(3) 
The top of a freestanding sign, including any part of the supporting members, shall not extend more than eight feet above the ground.
B. 
Restricted Business District, office buildings and complexes. One freestanding identification sign is permitted for each office complex. If there is one building or one tenant, there shall be only one identification sign. One directory or listing sign is permitted for each building within the complex. Where only one building is contained within a site and both an identification sign and a directory sign are desired, they must be combined into one sign. The location, area, height, color, style and lighting, of each such sign must be approved by the Planning Board simultaneously or subsequent to site plan approval. The location of said sign, in compliance with applicable setbacks, is to be determined by the Planning Board and shall not exceed four feet in height and 24 square feet in area but may have lettering on two sides of the sign.
C. 
Gas/fuel stations. Signs commonly used by gas/fuel stations for the purpose of advertising retail gasoline/fuel prices shall be limited to one sign per fuel pump and shall be placed on top of the fuel pump. Said signs shall not exceed 12 inches in height and 18 inches in width. No other gas/fuel price signs shall be permitted.
D. 
Commercial District.
(1) 
Commercial shopping plaza or enclosed shopping mall.
[Amended 2-24-2016 by L.L. No. 8-2016]
(a) 
Definitions.
MONUMENT SIGN
A freestanding sign, in which the entire base is in contact with the ground and is independent of any other structure.
(b) 
One monument sign may be permitted for a commercial shopping plaza or enclosed shopping mall at each main access point, provided that no monument sign is located closer than 200 feet to any other sign on the same lot. The sign may be two-sided. Sign approval must be obtained from the Planning Board:
[1] 
For a shopping plaza or enclosed shopping mall with less than 25,000 square feet in GLFA, the display area that features the text and graphics of each monument sign shall not exceed 75 square feet in total, and the monument sign shall not exceed 10 feet above the existing grade. Tenant signs are only permitted on the plaza sign in the event that a tenant space exceeds 15,000 square feet (GLFA).
[2] 
For a shopping plaza or enclosed shopping mall with greater than 25,000 square feet in GLFA, the display area that features the text and graphics of each monument sign shall not exceed 100 square feet in total, and the monument sign shall not exceed 15 feet above the existing grade. Tenant signs are only permitted on the plaza sign in the event that a tenant space exceeds 15,000 square feet (GLFA).
(2) 
Building-mounted signs shall not exceed 1 1/2 square feet of area for each linear foot of the first 100 linear feet of building frontage, plus one square foot of sign area for each linear foot over 100 linear feet of building frontage. No such sign shall exceed 200 square feet in area.
(3) 
On commercial buildings housing more than one tenant or type of business, only one sign for each outside public entrance shall be permitted on the exterior of the building for the purpose of advertising either the name or nature of the businesses contained therein. Should said building front on more than one highway, the placement of duplicated signs or a second sign, of the nature defined above, on the second side fronting such a highway may be permitted at the discretion of the Planning Board.
(4) 
On a property containing one business, in lieu of a building-mounted sign, a monument-style sign may be permitted by the Planning Board. Said sign shall be no larger than 32 square feet in size and no higher than five feet above the surrounding grade. The style, lighting and size of the sign shall be approved by the Planning Board.
(5) 
The bottom of all signs shall have a minimum clearance of 10 feet above a walkway and 15 feet above a driveway or alley.
(6) 
Signs shall be limited to identifying or advertising the property and the individual enterprises or services available on the same property where the sign is located.
E. 
Mixed-Use District.
(1) 
Sign approval must be obtained from the Planning Board.
(2) 
Building-mounted signs shall not exceed 1 1/2 square feet of area for each linear foot of the first 100 linear feet of building frontage, plus one square foot of sign area for each linear foot over 100 linear feet of building frontage. No such sign shall exceed 200 square feet in area.
(3) 
Businesses are permitted to have only one additional building-mounted sign in order to identify a public entrance that is at the side or rear of the property. The square footage of the additional sign and the square footage of the main sign shall not collectively exceed the permissible overall square footage calculation identified in Subsection E(2).
(4) 
Should a building front on more than one highway, the placement of duplicated signs or a second sign on the second side fronting such a highway may be permitted at the discretion of the Planning Board.
(5) 
Freestanding signs are not permitted.
(6) 
Replacement signs that alter the sign's size or content must receive new approval.
F. 
Industrial District.
(1) 
Building-mounted signs shall not exceed a total area of 1 1/2 square feet for each linear foot of building frontage to a maximum total area of all signs permitted for each building of 200 square feet. Where the frontage is on more than one street, each sign area shall be computed with regard to the frontage on each street.
(2) 
The bottom of all signs shall have a minimum clearance of 10 feet above a walkway and 15 feet above a driveway or alley.
(3) 
One freestanding sign with a maximum area of 40 square feet may be erected for each building.
(4) 
No freestanding sign shall exceed a maximum height, including supports, of 12 feet.
(5) 
Signs allowed by this Subsection F shall be limited to identifying or advertising the property and the individual enterprises or services available on the same property where the sign is located.
(6) 
In an area designated as an industrial park by the Planning Board, the following shall apply:
(a) 
One freestanding sign identifying the name of the industrial park. The location, area, height and style of such sign must be approved by the Planning Board as part of site plan approval.
(b) 
Inside an industrial park, only one freestanding sign per building is permitted to identify the names of the occupants of each building. Said sign is to be constructed within a radius of 50 feet, as measured from the main entrance to the building, and shall not exceed four feet in height and 24 square feet in area, but may have lettering on two sides of the sign.
(c) 
Building-mounted signs are not permitted.
G. 
Special exceptions and variances. Where a special exception or variance is sought with regard to height, area, number or location of signs, application must be brought before the Board of Appeals and approval obtained from this Board. Upon obtaining a variance, final approval of design and lighting must then be obtained from the Planning Board.

§ 174-10 Setbacks.

All setbacks shall be measured from that part of the sign nearest the property line extended vertically to the ground, measured at right angles to or radially from such property line. Said measurements shall be made from the ground point and not the sign's supports.
A. 
Front setback shall be 25 feet from the front property line except that subdivision identification signs may be permitted with a lesser setback by the Planning Board at the time of final subdivision approval.[1]
[1]
Editor's Note: See Ch. 182, Subdivision of Land.
B. 
Side and rear setbacks shall be 20 feet from each side and rear property line.
C. 
No front setback provision shall apply to the signs permitted under § 174-7A(1), including its subsections.
[Added 1-25-1978 by L.L. No. 1-1978]

§ 174-11 Permit required.

[Amended 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]
After the effective date of this chapter and except as otherwise herein provided, no person shall erect any sign as defined herein without first obtaining a permit from the Director of Code Enforcement and Development.

§ 174-12 Application for permit.

[Amended 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]
Application for a permit shall be made in writing to the Director of Code Enforcement and Development upon forms prescribed and provided by the Director of Code Enforcement and Development and shall contain the following information:
A. 
The name, address and telephone number of applicant.
B. 
The location of building, structure or land to which or upon which the sign is to be erected.
C. 
A detailed drawing or blueprint showing a description of the construction mounting and electrical details of the sign and showing the letter and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; a location plan showing the position and colored rendering of the sign on any building or land, and its position in relation to nearby buildings or structures and its interrelationship with the surrounding areas.
D. 
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner thereof.
E. 
A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor.
F. 
The estimated net cost of sign, including the cost of installation.
G. 
Nine copies of the application and one colored rendering shall be submitted to the Code Enforcement and Development Department [1]at least 14 days prior to the meeting at which it is to be considered.
[Added 8-9-1989 by L.L. No. 3-1989]
[1]
Editor's Note: The term "Building Department" was amended to read " Code Enforcement and Development Department," pursuant to L.L. No. 1-2010, adopted 2-24-2010, and L.L. No. 1-2012, adopted 5-23-2012.

§ 174-13 Fees.

[Amended 12-10-1997 by L.L. No. 6-1997]
The application for each sign shall be accompanied by a fee as set from time to time by the Town Board.

§ 174-14 Issuance of permit.

A. 
It shall be the duty of the Director of Code Enforcement and Development, upon the filing of an application for a permit, to examine such plans, specifications and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect a sign or other advertising structure.
[Amended 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]
B. 
If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other codes, laws and ordinances of the Town of Perinton, he shall then, within 10 days, submit the permit and renderings to the appropriate board for approval. The Planning Board shall be responsible for newly proposed signs and changes to existing signs. The Board of Appeals shall be responsible for variances. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed, within 30 days from the expiration thereof, for good cause shown.
C. 
Permits for temporary signs in compliance with all the requirements of this chapter shall be approved by the Director of Code Enforcement and Development.
[Added 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]

§ 174-15 Maintenance and removal.

[Amended 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]
A. 
The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in a neat, clean, attractive appearance and in good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining the same shall, upon written notice by the Director of Code Enforcement and Development, forthwith in case of immediate danger, make such sign conform to the provisions of this chapter or shall remove it. If within 10 days the order is not complied with, the Director of Code Enforcement and Development may take action to remove such sign at the expense of the owner or lessee thereof as set forth in the Enforcement Procedures Law of the Town of Perinton.[1]
[1]
Editor's Note: See Ch. 115, Enforcement Procedures.
B. 
The Director of Code Enforcement and Development may remove a sign immediately and without written notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.
C. 
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it, the Director of Code Enforcement and Development shall give the owner notice to remove it. Upon failure to comply with this notice, the Director of Code Enforcement and Development may remove the sign at the expense of the owner or lessee thereof.
D. 
Any permanent sign designating subdivision identification under § 174-7B(3) which violates any terms of this chapter and whose ownership cannot be ascertained may be removed by the Director of Code Enforcement and Development after 30 days' notice to the residents in the subdivision by legal notice published one time in the official Town paper.

§ 174-16 Nonconforming signs.

[Amended 8-9-1989 by L.L. No. 3-1989]
No nonconforming sign shall be enlarged, reconstructed, structurally altered or changed in any manner, nor shall it be worded so as to advertise or identify any use other than that in effect at the time it became a nonconforming sign.

§ 174-17 Variances.

The Board of Appeals of the Town of Perinton may, in appropriate cases, after public notice and hearing and subject to appropriate safeguards, vary or modify the application of this chapter in harmony with its general purpose and intent.

§ 174-18 Review and appeal.

A. 
Any person aggrieved by any decision of the Director of Code Enforcement and Development relative to the provisions of this chapter or the Town of Perinton may appeal such decision to the Board of Appeals, as provided in the Zoning Law of the Town of Perinton,[1] and shall comply with all procedural requirements prescribed by such Board of Appeals.
[Amended 8-9-1989 by L.L. No. 3-1989; 2-24-2010 by L.L. No. 1-2010]
[1]
Editor's Note: See Ch. 208, Zoning.
B. 
Any person aggrieved by any decision of the Board of Appeals may have the decision reviewed by Special Term, Supreme Court, Monroe County, in the manner provided by Article 78 of the Civil Practice Law and Rules.

§ 174-19 Penalties for offenses.

Failure to comply with any of the provisions of this chapter shall result in the termination of the permit issued for such sign. Enforcement of the provisions of this chapter and penalties for violations thereof shall be under the Enforcement Procedures Law, Chapter 115 of the Code of the Town of Perinton, as the same may be amended from time to time.

§ 174-20 Amendment of provisions.

The Town Board may from time to time amend, supplement, change, modify and repeal this chapter pursuant to the provisions of the laws of the State of New York applicable thereto.