Town of Wilton, NY Signs

Measurement of signs.

All signs shall be measured by the outside dimensions of the sign board. Where individually mounted letters are used to make a sign, the sign shall be measured from the outermost portion of the letters on the right and left sides and the top and bottom of the sign, to include that area between the letters as part of the sign.

Box or letter signs shall be considered as separate signs if the background area of the sign does not physically connect them.

Said signs shall comply with the following provisions:

Signs, attached. In any nonresidential district an attached sign shall be in proportion to the main building front and/or face. Said sign shall not exceed 15% of the building facade, where the sign is located, or 150 square feet, whichever is less. Attached signs shall be allowed only when the main entrance to a business or an industry exits to the building exterior, any other provisions of this article notwithstanding.

Signs, detached.

[1]

Maximum square footage for any detached sign in the C-1 Commercial, I-1 Industrial, C-2 Business/Light Industrial, C-3 Commercial/Light Industrial, CR-1 Commercial/Residential or CR-2 Commercial/Residential Zones shall be 75 square feet per side, not to exceed 150 total square feet. In no case shall the total of all signs, both attached and detached, exceed 250 square feet, except in the case where a parcel has frontage and an entrance on two different roads the total of all signs, both attached and detached, shall not exceed 350 square feet.

[Amended 12-1-2005]

[2]

H-1 Hamlet District signs shall be 60 square feet per side. In no case shall the total of all signs, both attached and detached, exceed 120 square feet.

[Added 12-1-2005]

[3]

RB-1 Residential Business District signs shall be 40 square feet per side. In no case shall the total of all signs, both attached and detached, exceed 200 square feet.

[Amended 12-1-2005]

[4]

Plazas/multiple uses on one property. In the case where a property has multiple uses on a property in either one building or multiple buildings only one detached sign shall be allowed. The total square footage of this sign shall not exceed the area requirements. This square footage shall include the property/project name and the tenant signs.[1]

[Amended 12-1-2005]

[1]

Editor’s Note: Former Subsection B(2)[5], concerning parcels with frontage and an entrance on two or more roads, as amended, which immediately followed this subsection, was repealed 2-7-2013.

Signs pertaining to a nonconforming commercial use located in a residential district shall not exceed 20 square feet per side and shall be limited to one sign per establishment.

Signs for uses allowed as a special use shall be as follows, and only one freestanding sign shall be allowed:

Home occupations: maximum square footage for any double-faced sign shall be one square foot per side, not to exceed two total square feet.

Recreational vehicle/tenting campsites: maximum square footage for any double-faced sign shall be 32 square feet per side, not to exceed 64 total square feet.

Senior living community: maximum square footage for any double-faced sign shall be 40 square feet per side, not to exceed 80 total square feet.

(d)

Clubs/lodges and country clubs: maximum square footage for any double-faced sign shall be 16 square feet per side, not to exceed 32 total square feet.

(e)

Boarding, tourist houses and bed-and-breakfasts: maximum square footage for any double-faced sign shall be four square feet per side, not to exceed eight total square feet.

(f)

Apartment buildings: maximum square footage for any double-faced sign shall be 10 square feet per side, not to exceed 20 total square feet.

(g)

Any church, school or similar publicly owned structure: maximum square footage of 24 square feet per single side is permitted.

Design.

No more than one sign attached and one detached, which require a permit, are allowed per establishment. Except in the case where a parcel fronts on two different roads, no more than attached signs and one detached sign shall be allowed.

[Amended 2-7-2013]

No detached sign shall be more than 20 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.

No sign shall flash, produce glare, undue distraction or confusion or be a hazard to the surrounding area or to vehicular traffic.

No sign shall extend above the roof or parapet of the building, including detached signs.

(5)

Illuminated signs shall be shielded to reduce glare.

(6)

Signs located on New York State Route 50 and New York State Route 9 shall conform to the New York State Route 50 Corridor Study and the Town of Wilton New York State Route 9 Corridor Landscaping Study as follows:

Minimize freestanding signs. Those approved shall be in conformance with the Sign Ordinance.

Simplify the signs as much as possible by the use of logos and other nonverbal symbols.

Signs shall be compatible with the building architecture.

(d)

All project signs shall be of like style and shall be part of an overall plan for the entire project.

(e)

Sign illumination shall be minimized and only used to make the sign visible at night.

(7)

Illuminated digital media signs, excluding traveling, flashing, or blinking lights, shall be allowed in Zone C-1 only:

[Added 2-7-2013]

Message display shall not change at a frequency of less than 30 seconds. No animated images and no animated messages shall be permitted.

Specific regulations to sign types.

Attached signs.

Attached signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.

Attached signs, except for certain electric signs, shall not extend more than six inches from the face of the buildings to which they are attached. Electric signs may extend a distance of up to 14 inches to accommodate the sign and a code-required transformer box; but in no case shall this transformer box extend more than eight inches from the face of the building to which it is attached or shall it extend beyond the face of the sign.

Detached signs:

No detached sign may be located less than 50 feet from any other detached sign.

Detached signs shall be set back a minimum of 30 feet from the front property line.

No detached sign shall extend over or into the public right-of-way nor shall it overhang the property lines.

§ 129-182 Legal nonconforming signs.

Signs eligible for characterization as legal nonconforming. Any sign located within the Town limits on the date of adoption of this article or located in an area annexed to the Town thereafter which does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, provided that it also meets one of the following requirements:

The sign was covered by a sign permit or variance on the date of adoption of this article, if one was required under applicable law; or

If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this article.

Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

The sign is altered in any way in structure or copy, except for changeable copy signs and normal maintenance, which tends to or makes the sign less in compliance with the requirements of this article than it was before the alteration; or

The sign is relocated to a position making it less in compliance with the requirements of this article.

Upon the occurrence of any of the conditions in § 129-182B(1) or (2), the sign shall be immediately brought into compliance with this article with a new permit secured therefor or shall be removed.

§ 129-183 Construction.

General provisions:

All signs shall comply with applicable regulations of the Building Code.

All electrical signs shall be constructed in accordance with the standards of the National Electric Code.

All detached signs shall be designed and constructed to withstand a wind pressure of not less than 20 pounds per square foot.

All signs, including attached signs, shall be securely anchored and shall not swing or move in any manner.

All detached or attached signs shall employ acceptable safety material.

All signs shall be painted and/or fabricated in accordance with generally accepted standards.

All signs shall be constructed of durable materials and shall be maintained in good condition and repair at all times.

§ 129-184 Maintenance.

Any sign and/or supporting structure, which becomes in disrepair, shall be removed from the site upon the order of the Building Inspector if not repaired after 30 days' notice. Any new sign shall conform to all regulations. A seasonal sign temporarily removed or covered shall not be considered in disrepair.

Abandoned signs. Such business signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited and shall be removed by order of the Building Inspector.

All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.

§ 129-185 Temporary signs.

The following signs shall be allowed without a permit, subject to the regulations contained herein:

Construction signs. One construction sign per construction project not exceeding 24 square feet per side in sign area in residential districts or 48 square feet per side in commercial or industrial districts, provided that such signs shall be erected no more than five days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction and shall be removed five days after completion of construction and prior-to occupancy.

Holiday signs. Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday, provided that such signs are not permanently displayed. Such signs shall be set back 10 feet from all boundary lines of the lot, provided that a clear area of 72 inches in height is maintained for a distance of 55 feet from the intersection of two streets, a railroad and a street or a street and driveway.

Political and campaign signs. Political or campaign signs on behalf of candidates for public office or measures on election ballots. Said signs are subject to the following regulations:

Said signs may be erected no earlier than 45 days prior to said election and shall be removed within five days following said election.

In any zone, only one sign per candidate or measure is permitted on any one parcel of land. Said sign shall not exceed 32 square feet in aggregate area and, if detached, shall not exceed six feet in height. Said sign shall not be erected in such a manner as to constitute a roof sign. If there should be more than one tenant, each tenant shall be permitted the above allowed dimensions.

Notwithstanding the provisions of this subsection, a sign may be placed upon any legally existing sign structure but not so as to cover an already existing current sign.

No political sign shall be located within or over the public right-of-way.

Public notices. Official notices posted by public officers or employees in the performance of their duties.

Real estate signs. One real estate sign on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six square feet per side in area and is removed within seven days after the sale, rental or lease has been accomplished.

Temporary signs. Temporary signs four square feet per side in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided that said signs are posted only during said drive or no more than 30 days before said event and are removed no more than five days after the event.

Banner/grand opening. These banners are limited to 100 square feet, one per business and shall not be displayed more than 30 days.

A-frame or sandwich board signs shall not be permitted in any district.

Portable signs shall not be permitted in any district.

Hot air balloons or helium balloons shall not be permitted in any district.

§ 129-186 Unlawful signs.

The following signs are prohibited:

Animated and intensely lighted signs. Except for time and temperature signs, no sign shall be permitted which is animated by means of flashing, blinking, or traveling lights or any other means not providing constant illumination, unless specifically permitted by special use permit.

[Amended 8-1-2019]

Moving signs. Except as otherwise provided in this article, no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a nonstationary or fixed condition except for the rotation of barber poles, permissible changing signs or permissible multiprism units. Indexing multiprism units shall not exceed a speed of two complete revolutions every 20 seconds.

Public areas. No sign shall be permitted which is placed on public property or over or across any street or public thoroughfare except as may otherwise expressly be authorized by this article.

Unclassified signs.

Signs which bear or contain statements, words or pictures of an obscene, pornographic or immoral character or which contain advertising matter, which is untruthful.

Signs which are painted on or attached to any fence or any wall which is not structurally a part of a building, except to identify a residence or residence structure by posting the name of the occupant or structure and the street address.

Signs which operate or employ any motion-picture projection or media in conjunction with any advertisements or which have visible moving parts or any portion of which moves or give the illusion of motion except as permitted in this article.

Signs that emit audible sound, odor or visible matter.

(5)

Signs which purport to be or are an imitation of or resemble an official traffic sign or signal or which bear the words "stop," "go slow," "caution," "danger," "warning" or similar words.

(6)

Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or which hide from view any traffic or street sign or signal device.

(7)

Off-premises signs or billboards shall not be permitted in any district. All signs shall be located on the same site that they identify or advertise. Off-premises directional signs for community activities and major attractions shall be permitted within the public right-of-way with approval from the Highway Superintendent.

(8)

Roof signs shall not be permitted in any district.

(9)

No sign or part thereof shall contain or consist of any banner, 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. 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. No sign or part thereof may rotate or move back and forth. Exception for banners, grand opening only; see § 129-185G.

§ 129-187 Permit requirements.

Permit required.

Permits required. 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 Building Inspector. The fee for said permit is listed in Chapter 63. Every application for a sign permit shall be accompanied by scaled plans, showing the area of the sign, the position of the sign in relation to nearby buildings or structures, the location of the building, the 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 Building Inspector shall require to show full compliance with this and all other laws and ordinances of the Town. If it appears that the proposed sign is in compliance with all such requirements and laws, the permit shall be issued, but should the work authorized under the permit not be completed within one year after the date of issuance, the permit shall become null and void.

The Building Inspector may issue a permit for a business sign, meeting the following requirements, in connection with any legal business or industry:

Signs are located on the same premises as the business or industry.

Signs shall be attached to the building or set back a minimum of 30 feet from the front property line.

The primary purpose of the sign shall be for identification and may state the owner, trade names, trademarks, products sold and/or the business or activity conducted on the premises on which the sign is located.

Permit exemptions. Signs identified in § 129-185 shall be exempt from sign permit requirements.

Temporary signs not covered in § 129-185F will be limited to six months and not exceed 32 square feet.

A permit is not required for:

Directional or instructional signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and do not in any way advertise a business, by words or corporate symbolism, and do not exceed four square feet per side in area, signs identifying rest rooms, public telephones or walkways or signs providing direction, such as parking lot entrance and exit signs and those of similar nature with no more than one sign at an intersection.

Flags. The flag, emblem or insignia of any nation or political subdivision.

Government signs. Government signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public-service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.

House numbers, nameplates and lawn signs. House numbers, nameplates and lawn signs not exceeding two square feet per side in area for each residential building.

(5)

Interior signs. Signs located within the interior of any building or stadium or within an enclosed lobby or court of any building and signs for and located within the inner or outer lobby, court or entrance of any theater that are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical or material specifications required by the Town.

(6)

Historical markers, tablets, statues, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding six square feet per side.

(7)

Notice bulletin boards. One notice bulletin board per lot not over 24 square feet per side in area for publicly owned or religious institutions where the same are located on the premises of said institution.

(8)

"No trespassing" or "no dumping" signs. "No trespassing" or "no dumping signs" not to exceed 1 1/2 square feet per side in sign area.

(9)

Plaques. Plaques or nameplate signs not more than two square feet per side in area, which are fastened directly to the building.

(10)

Public signs. Signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.

(11)

Signs in the display window. Signs in the display window of retail businesses and restaurants that are in conjunction with a display of merchandise or a display relating to services.

(12)

Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four square feet per side in area and provided, further, that all such symbols, plaques and identification emblems shall be placed flat against a building.

(13)

Warning signs. Signs warning the public of the existence of danger, but containing no advertising material, of a size as may be necessary, to be removed when the danger has subsided.

(14)

Home occupation. One sign not more than one square foot per used side is allowed per home occupation.

(15)

Private owner merchandise sale signs for garage sales and auctions, not exceeding four square feet per side for a period not exceeding seven days.

(16)

At service stations, a sign attached on gasoline pumps displaying the price of fuel, not exceeding two square feet per side in area.

(17)

Neighborhood Identification signs. In any zone, a sign, a masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the neighborhood or tract name and be limited to four feet by six feet in area. Any sign requiring an extension of electricity will require a building permit.

[Amended 7-3-2008]

(18)

Any person, with the permission of the landowner, may place in such a location a posting sign pursuant to and in conformity with §§ 11-2109[1] and 11-2111 of the Environmental Conservation Law, provided that no such sign shall exceed four square feet in size or 10 feet in height.

[1]

Editor's Note: Environmental Conservation Law § 11-2109 was repealed by L. 1194, c. 570, § 5, effective 7-26-1994.

Penalty for failure to apply for sign permit. Any person who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit shall be considered in violation of a section or sections of this chapter pertaining thereto and shall be subject to prosecution according to § 129-251. Further, he/she shall be required, upon receipt of a written notice from the Building Inspector, to file an application for the necessary permit or permits and shall be required to pay fees as specified in Chapter 63. Any such sign shall be removed until a valid permit is obtained.

Unsafe or illegal signs

If the Building Inspector finds that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this section, he/she shall give written notice to the violator thereof. If the violator fails to remove or alter the structure so as to comply with the standards set forth herein within 10 days after such notice, such sign or other advertising structure shall be removed or altered at the direction of the Building Inspector at the expense of the violator or owner of the property upon which it is located. The Building Inspector shall refuse to issue a permit to any violator or owner who refuses to pay costs so assessed. The Building Inspector, in addition to exercising any and all other remedies provided for in this chapter for a violation hereof, may, in addition, cause any sign or other advertising structure which is an immediate peril to the health or safety of persons or property to be removed summarily and without notice by Town employees. Any expense incident thereto shall be paid by the violator or owner of the building, structure or lot to which such sign is attached.