The intent of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all kinds. 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 upon the character of the community by reducing the visual blight and hazards that may be caused by advertising obstructions and distractions.
The provisions of this section shall apply to all signs in all zoning districts as established and those amended in the future by the zoning laws of the Town of Clarence.
A. Permits required.
(1) No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign or sign structure without a permit first having been issued by the Planning and Zoning Department.
(2) Every application for a sign permit shall be accompanied by plans, to scale, showing the dimensions of the sign, the structure supporting the sign, the position of the sign in relation to nearby buildings or structures, the location of the building, structure or lot to which or upon which the sign is to be attached or erected, the method of illumination, if any, and such other information as the Planning and Zoning Department shall require to show full compliance with this chapter and all other laws and ordinances of the Town of Clarence.
(3) Acceptable proof of consent to the placing of a sign by the owner of the building, structure, or premises must be provided with the application for a permit when the applicant is not the said owner.
(4) The Planning and Zoning Department shall grant permits for all temporary signs that conform to the dimensional, locational, and construction requirements as herein stated. Any permanent sign application shall be referred to the Sign Review Board for architectural review. The Sign Review Board may, in its discretion, approve minor variations (up to 10%) from the sign dimensions contained in this chapter.
(5) All permanent sign applications are subject to a fifteen-day review by the Sign Review Board. All permits issued are subject to Town Board objection until 15 days after approval has been granted by the Sign Review Board.
B. Plaza signs.
(1) All new plaza signs shall be reviewed by the Sign Review Board during site plan review. Each tenant in a plaza will be allowed one building sign and one roadway sign that must be contained within one common tenant freestanding sign. The Sign Review Board will determine the best location and size of the common tenant sign during site plan review. The Sign Review Board may review and determine permit applications if the sign is replacing an existing freestanding sign or common tenant sign. In no case shall a plaza sign in a commercial, restricted business or traditional neighborhood zoning district exceed 48 square feet.
(2) A single wall sign, such as a sign directory, may be used to identify more than one on-premises establishment. For buildings with multiple tenants having storefronts only, the facade rented by the tenant shall be considered as wall area for a sign and must meet the wall sign standards in this chapter.
C. Illumination and movement.
(1) Any illuminated sign or lighting device shall employ only light of constant intensity.
(2) No sign shall be placed or be directed so as to permit the sign illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause hardship or danger to any person or persons.
(3) No sign or part thereof shall contain or consist of any pennant, ribbon, streamer, balloons, spinner or other similar moving, fluttering, or revolving device. Such devices shall be prohibited even if they have no message or logo on them. The said devices, as well as strings of lights, shall not be used for advertising or attracting attention, whether or not they are part of the sign.
(4) No sign or part thereof may rotate or move in any direction, except flag signs as permitted on a temporary basis. Signs that flash, blink or scroll-change shall not be allowed for safety reasons.
(5) LED signs must have messages that remain of constant intensity for at least 30 seconds. No part of an LED sign may move or scroll or be considered an animated sign.
(6) In an effort to reduce light pollution, LED
signs not located on Transit Road shall be required to emit a single monochromatic color on a black, unlit background.
[Added 8-22-2018 by L.L. No. 7-2018]
D. Location of signs.
(1) All permanent signs within the Town of Clarence must maintain a minimum setback of 10 feet off any roadway right-of-way. All signs must maintain a minimum side yard setback of 10 feet. Any permanent freestanding sign must be at least 50 feet from any other.
(2) A sign placed upon a roof shall abut the roof and shall not be elevated above the ridge of the roofline on any post, pole, or other elevating supports.
(3) No sign shall be located in, nor project into, the public right-of-way.
(4) No sign shall be placed, painted or drawn upon trees, utility poles, light poles or standards.
(5) LED signage shall be limited to freestanding
signs only.
[Added 8-22-2018 by L.L. No. 7-2018]
E. Off-premises and billboard signs.
(1) The Town of Clarence prohibits off-premises and billboard signs. The Town of Clarence will allow off-premises signs without a permit that are associated with community activities or any not-for-profit activity directing the public to such activity, provided that they do not exceed eight square feet in area and are in place for no greater than a sixty-day period. Temporary signs directing traffic to seasonal agricultural products, less than 16 square feet in area per side, will also be allowed without a permit. Such signs shall not be placed within a public right-of-way.
(2) Any freestanding sign over 60 square feet will not be permitted at any location within the Town of Clarence except in shopping plazas as approved by the Sign Review Board.
F. Secondary building signs.
(1) On commercial buildings with rear or side orientation to a shopping plaza or mall parking lot or any other public access area, a rear-or side-facing sign shall be allowed with the name of the business and its logo only. Such signs must meet the dimensional requirements of this chapter.
(2) The secondary signs must be removable and mounted flat against the rear or side of the building. Painting signs on a building is prohibited.
G. Multiple residences or apartment developments.
(1) For multiple residences or apartment developments, one sign advertising the availability of residential units will be permitted, provided that the sign does not exceed four square feet.
(2) One freestanding sign that identifies the apartment complex or multiple-family residence will be allowed, provided that the sign does not exceed 20 square feet in area.
H. Public utility signs. Signs necessary for the identification, operation or production of a public utility, not exceeding 32 square feet, may be erected on the premises of such public utility.
I. Residential subdivision project signs. For residential subdivisions or projects, one sign that identifies the project by name and address may be erected near the principal entrance. The one sign shall not exceed 32 square feet. The location of the sign shall be approved as part of the site plan review by the Sign Review Board.
J. Insurance. Security shall be made, in a manner and amount satisfactory to the Town Board, in the event that a sign projects over or above any public walkway, driveway or road, to protect the Town of Clarence from any and all claims for damages or injuries caused to persons or property by such sign.
K. Number of signs. Any business establishment within a commercial zone may have both one wall sign and one freestanding sign. Businesses located in a shopping mall shall utilize a common tenant sign as reviewed and approved by the Sign Review Board.
L. Fees.
(1) A fee schedule for permanent and temporary signs across all sign districts shall be established by resolution of the Town Board. Sign fees shall be reviewed periodically and may be amended by resolution of the Town Board.
(2) Temporary signs not removed at the end of the permit period will cause the applicant to be charged $25 per day as a civil penalty. The failure to remove said signs shall also remain subject to any and all other enforcement provisions of this chapter.
(3) Signs erected without a
permit will incur a penalty as specified in §
181-8.
M. Nonconforming signs.
(1) Every sign not conforming to the regulations of the district in which it is located at the time of adoption of this chapter shall be nonconforming.
(2) A nonconforming sign may not be rebuilt except in conformity with the regulations for the district in which it is located.
(3) All signs that are nonconforming by reason of size, height, location, illumination or changeable copy must be removed or brought into compliance at such time as the sign is replaced.
(4) A nonconforming sign may only be altered by a new face panel, updated illumination or changeable copy in conformity with the zoning district in which the sign is located. Any changes to exterior dimensions would constitute a rebuild and therefore be subject to conformity with current regulations within the zoning district in which the sign is located.
(5) Nothing in this chapter shall be deemed to prevent the strengthening or restoring of any nonconforming sign declared unsafe by a duly designated official to a safe condition.
(6) Nothing in this chapter shall be deemed to prevent, without proper permit, the reconstruction of a nonconforming structure to its original configuration when destroyed by fire or act of God and with review and approval by the Zoning Board of Appeals.
(7) Whenever an area is changed from a zoning district of one classification to a zoning district of a different classification or amendments are adopted that change regulatory measures governing signs, the above regulations shall apply to nonconforming signs created by such transfer.
The following signs do not require permits but must conform to the requirements as specified below:
A. Historical markers, tablets, statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface, bronze, stainless steel, or similar material; and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding six square feet.
B. Flags and insignia of any government, except when displayed in connection with commercial promotion.
C. On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances, exits and similar signs, internally illuminated or nonilluminated and not exceeding eight square feet per face. Business names and logos may be allowed with Sign Review Board approval. Directional signs shall not extend more than six feet in height above finished grade and shall not be located in the public right-of-way.
D. Nonilluminated "warning," "private drive," "posted" or "no trespassing" signs not exceeding two square feet in area.
E. One on-premises wall sign, in connection with any residential building in any district, for permitted professional offices or home occupations, not exceeding four square feet in area. Such sign may state name and vocation only.
F. Street number and nameplates identifying residents, mounted on a house, apartment or mailbox, and not exceeding 1 1/2 square feet in area.
G. Lawn signs identifying residents, not exceeding 1 1/2 square feet in area. Such signs shall not be illuminated except by a light which is an integral part of a lamppost, if used as a support, with no advertising message thereon.
H. Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet, for a period not exceeding 10 days. Such signs shall not be attached to utility poles, trees, or any other man-made or natural off-premises structure. All garage sale signs will meet the applicable temporary sign requirements of this chapter.
I. Temporary, nonilluminated "for sale," "for rent," and real estate signs and signs of a similar nature concerning the premises upon which the sign is located. Each sign shall not exceed 16 square feet in a residential sign district and 32 square feet in a business sign district. All such signs shall be removed one week after the sale, lease, or rental of the premises.
J. One temporary sign for a roadway stand selling agricultural produce grown on the premises in season, provided that the sign does not exceed 32 square feet in area. Seasonal off-premises signs advertising agricultural produce may be allowed if they are under 16 square feet in area and are freestanding.
K. Holiday decorations, including lighting, are exempt from the provisions of this chapter.
L. A sign attached to gasoline pumps, not to exceed two square feet in area, on a premises where retail gasoline is sold.
M. Temporary, on-premises directional signs for meetings, conventions, and other assemblies, not exceeding eight square feet. Signs must be removed after the event.
N. One sign, not exceeding 16 square feet in all sign districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress. Signs must be removed after the event.
O. Political posters and
signs, not exceeding 16 square feet in the residential
sign district nor 32 square feet in nonresidential
sign districts. Such
signs shall be allowed 30 days prior to a special election or political event, provided that they meet the restrictions in §
181-4B(2) above. All
signs shall be removed within one week after the election or political event.
Signs shall not be placed in the public right-of-way.
P. Signs erected by a governmental entity in order to fulfill the duties and administration of said entity. Exempt signs may include, but not be limited to, traffic control devices, including temporary detour signs, the posting of rules and regulations, directional signs for governmental offices, and similar such signs.
[Amended 3-11-2020 by L.L. No. 2-2020]
An applicant shall have the right to petition the Planning Board of the Town of Clarence in the event of a denial of the right to place or erect a sign within the Town of Clarence, whether by permit or otherwise. The Planning Board of the Town of Clarence, after public notice and a hearing, may approve, deny, or vary/modify the application of this chapter in harmony with its general purpose and intent.
For the purpose of this chapter, the terms used herein are defined and shown in this illustration as follows:
A-FRAME SIGN A portable temporary sign of solid construction, connected at the top and angled down on either side in the shape of an "A," usually with advertisement on two sides; also called a "sandwich board sign."
ANIMATED SIGN Any sign that uses movement or change of lighting to depict action or create a specific effect or scene.
AWNING SIGN Advertising displayed on an overhanging structure supported with braces that attach to the main building and that projects over a walkway for weather protection.
BANNER A piece of cloth or other material that is a separate entity from the building, either attached directly to the building or hung on posts, cables, wires or poles, and either blank or bearing a sign outside of the building. National flags, state or municipal flags or the official flag of any institution shall not be considered banners.
BILLBOARD SIGN A sign that exceeds 60 square feet in area, usually located alongside a roadway, except for plaza signs as approved by the Planning Board.
CHANGEABLE-COPY SIGN A sign that contains a message, text or graphics that can be changed intermittently, either manually or electronically, to display a different message.
COMMERCIAL EVENT SALES Activities conducted by existing and permitted commercial, retail and similar uses, located within the commercial and major arterial zones, which utilize space outside of an approved commercial/retail building in the required yard space and/or parking facilities of such buildings. Such sales shall include, but are not limited to, sidewalk sales, tent sales, grand openings, going-out-of-business sales, holiday sales and similar activities.
COMMERCIAL SIGN DISTRICT Any area that is designated in the Commercial District, the Restricted Business District and the Industrial Business Park District on the Official Zoning Map of the Town of Clarence.
COMMON TENANT SIGN A freestanding sign designed to accommodate all roadway signage for plaza tenants and business owners.
DIRECTIONAL SIGN A sign located on premises and used to direct traffic to a business.
ERECT Includes build, construct, alter, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs. This includes murals or wall billboards.
FACE The surface area on a sign where advertising copy is displayed.
FLAG SIGN A flag is a sign attached to a pole that has characters, letters, illustrations or ornamentations applied to a cloth, paper, fabric or other lightweight material and is suspended so that it is actuated by wind.
FLASHING SIGN Animated signs or animated portions of signs with illumination that is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination.
FREESTANDING SIGN Any sign not attached to or part of any building, but separate and permanently or temporarily affixed by any other means in or upon the ground.
HANGING SIGN Any sign which is suspended from or supported by a building, other structure or sign and which does not lie parallel to or within the plane of the building, structure or sign structure. (See diagram at the end of the definitions.)
ILLUMINATED SIGN Any sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light. Such light, when permitted, shall conform to all requirements of the National Board of Fire Underwriters.
LED SIGN 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 variety of colors. This definition includes electronic message boards, liquid crystal displays, digitized signs or sign parts, variable electronic message centers and similar electronic displays.
LIGHTING DEVICE USED 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 or to a person, activity or business.
MONUMENT SIGN A permanent sign of solid construction with dual architecturally complementary pillars or posts supporting a sign/advertisement area between said posts or pillars. (See diagram at the end of the definitions.)
PERMANENT SIGN Any sign that is erected for the life of business activities at a given location for at least 60 days.
PERMITTED BUILDING Any building which has received a certificate of occupancy from the Building Department for its current use.
PLAZA or SHOPPING MALL Two or more retail businesses and/or commercial operations having one or more common walls or utilizing the same parking area or areas, accessways or outdoor lighting systems.
POLE SIGN Any sign that is attached to a single pole or similar structure that conforms with the construction and maintenance section of this chapter. (See diagram at the end of the definitions.)
PORTABLE SIGN Any sign that is not permanently attached to a structure or the ground and can be moved with relative ease.
PRIMARY SIGN Any sign related to a business or activity conducted or a commodity or service sold or offered for sale upon the premises where the sign is located. The primary sign shall be the most predominantly featured for advertising purposes. Only one primary sign per business shall be allowed to be placed on any permitted building.
RIGHT-OF-WAY (ROW) Any state-, county-, or Town-owned land for the purposes of public transportation.
SECONDARY SIGN Any sign related to a business or activity conducted or a commodity or service sold or offered for sale upon the premises where the sign is located. The secondary sign shall be subordinate to the primary sign and shall be located at the side or rear of the building on site. Secondary signs shall only be allowed in instances where a second side of a permitted building faces a public parking lot, street, highway, or accessway. Only one secondary sign is allowed per business that has a public parking lot, street, highway or accessway.
SIGN Any material, structure or device, or part thereof, composed of lettered, painted or pictorial information which, when used and located out-of-doors, displays an announcement, notice, directional matter or a name and which is either permanent, temporary, mobile or portable; includes sign frames, illuminated signs, projecting or ground signs and any illustration or insignia used to advertise or promote the interests of any person, activity or business when the same is placed in view of the public.
SIGN REVIEW BOARD The agency designated by the Town Board to review and approve sign permit applications. The Sign Review Board shall be three Planning Board members, consisting of the Planning Board Chairperson (or Vice Chairperson in his or her absence) and two other Planning Board members.
SIGN STRUCTURE Any part of a sign that does not specifically advertise but may act as a frame, support, guy, brace, pole, or similar structure.
SPECIAL EVENT Community-wide events not otherwise associated with a commercial entity. Such activities shall include, but not be limited to, craft fairs, trade shows, circus or carnival events, holiday or seasonal events, parades, demonstrations and other similar community-wide attractions/events.
TEMPORARY SIGN Any sign that is erected for a time period not to exceed 30 days and that announces a special event or sale.
WALL SIGN A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the support structure for or forms the background surface of the sign, and such sign does not project more than 12 inches from such building or structure.
If any section, subsection, phrase, sentence or 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 have no effect on the validity of the remaining portions hereof.