As used in this article, the following terms shall have the
meanings indicated:
ABANDONED SIGN
A sign which for a period of 90 consecutive days has not
correctly directed or exhorted any person, advertised a bona fide
business, lessor, owner, product or activity conducted or product
available on or off the premises where such sign is displayed.
ADVERTISING SIGN
That copy on a sign describing products or services being
offered to the public.
A-FRAME SIGN
A specific type of portable sign that is typically constructed
or shaped in the form of the letter "A."
ANIMATED SIGN
Any sign which includes action or motion, or whose copy is
changeable by other than direct manual intervention.
AREA OF COPY
The entire area within a single continuous perimeter composed
of squares, rectangles, circles, ovals or any other geometrical shape
which enclose the extreme limits of the message, announcement or decoration
on a fascia, wall or freestanding sign.
AREA OF SIGN
The area of the largest single face of the sign within a
perimeter which forms the outside shape, including any frame, or forms
an integral part of the display, but excluding the necessary supports
or uprights on which the sign may be placed. If the sign consists
of more than one section or module, all areas will be totaled.
AWNING
A roof-like covering consisting of any pliable material attached
to a rigid frame.
BANNER
A sign of lightweight fabric or similar material that is
secured or mounted to a pole or a building.
BILLBOARD
Any freestanding commercial sign located on a plot or parcel
of land other than that where the advertised business is conducted.
CANOPY and/or MARQUEE
A structure of canvas or similar fabric on a framework sheltering
an area or forming a sheltered walk to the entrance of a building.
CHANGEABLE COPY (AUTOMATIC)
A sign such as an electronically or electrically controlled
public service time, temperature and date sign, message center or
reader board, where different copy changes are shown.
CHANGEABLE COPY (MANUAL)
A sign on which copy is changed manually in the field, i.e.,
reader boards with changeable letters or changeable pictorial panels.
COMMERCIAL USE
Any business whose primary purpose is retail or wholesale
trade, any nonprofessional customer service (such as shoe repair,
tailoring, laundry, photography or hairstyling) or customer service
office uses (such as bank loan offices, insurance agents, travel agents
or tax return preparers), including restaurants, bars, hotels, motels,
and theaters.
COMPLEX IDENTIFICATION SIGN
A sign identifying a complex but which does not include identification
of any individual business within the complex.
COMPLEX, OFFICE
A building larger than 10,000 square feet that is occupied
by more than two business tenants.
CONSTRUCTION SIGN
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar persons or firms having a role or interest with respect
to the structure or project.
DIRECTIONAL SIGN
Any sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking entrances, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like. No logos
shall be permitted on such signs.
DIRECTORY SIGN
Any sign containing a list of the names of business establishments
located within a building complex. The style, lettering and color
for all tenants identified on such signs shall be substantially similar.
No logos shall be permitted on such signs.
DOUBLE-FACED SIGN
Any two-faced sign utilizing both faces or surfaces for display
purposes.
ERECT
To build, construct, alter, repair, display, relocate, attach,
hand, place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs.
FARM STAND
A facility from which agriculture or nursery products produced
on the premises where the facility is located are offered for retail
sale.
FRONTAGE
The total length of the property line of a parcel bounded
by or abutting a public highway right-of-way.
FRONT YARD
Any open, unoccupied space on the same lot with the building
or structure, extending the full width of the lot and situated between
the street line and the front lines of the building.
GOVERNMENTAL SIGN
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law or ordinance or
governmental regulation.
GRAND OPENING SIGN
A temporary sign permitted for 30 days only to announce the
opening of a completely new enterprise or the opening of an enterprise
under new management.
GROUND LEVEL
The average ground elevation within 10 feet measured horizontally
of the sign base.
HEIGHT
The vertical distance between the ground level under a sign
and the highest point of the sign structure.
HOUSE OF WORSHIP
Any structure in which any recognized religion that has a
tax-exempt status meets to practice its religion.
IDENTIFICATION SIGN
A sign which is limited to the name, address and number of
a building, institution, complex or person.
ILLEGAL SIGN
Any sign for which a valid Town of Rush sign permit has not
been obtained and which is not exempt from the provisions of this
article.
ILLUMINATED SIGN
Any sign which emanates light either by means of exposed
tubing or lamps on its surface or by means of illumination transmitted
through the sign surface or which reflects lights from a source intentionally
directed upon it consistent with the Town of Rush Lighting Ordinance. The areas considered are scheduling, direction, hours
of operation, and amount of lumens.
LOGO
A symbol, graphic, trademark or emblem commonly associated
with or representing a specific entity, product or concept.
LOT
Any parcel of real property recorded in deed form filed in
the Monroe County Clerk's office.
MAJOR TENANT
A tenant in an office [this term is not defined] complex
that occupies more than 50% of said complex.
NONCONFORMING
Any sign which was lawfully erected and maintained prior
to the effective date of this article or any amendments thereto.
OFF-PREMISES SIGN
Any sign advertising or calling attention to any business
or activity not located on the same continuous parcel of real estate
as the sign, or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
real estate as the sign.
OWNER
A person recorded as such on official records, and including
but not limited to a duly authorized agent, purchaser, devisee or
any person having a vested or contingent interest in the property
in question.
PARCEL
A piece of real property which is defined on an approved
subdivision map recorded with the Assessor's office of the Town or
is legally defined on a survey map certified by a licensed land surveyor
or engineer.
PERMANENT SIGN
A sign for which a permit has been issued pursuant to the
provisions of this article for the period stated in the permit.
PERMIT STICKER
A sticker affixed either to the face or the channel of a
sign visible from the ground denoting that the sign to which it is
affixed has been authorized by Town officials pursuant to the provisions
of this article.
POLITICAL SIGN
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election.
PORTABLE SIGN
For the purpose of this definition, a sign designed or constructed
in such a manner that it can be moved or relocated without involving
any structural or support changes except A-frame signs.
PRIMARY ENTRANCE
The entrance primarily used by customers/guests to enter
a building.
PRIVATE SALE SIGN
A temporary sign advertising the sale of personal property
at house sales, garage sales, rummage sales and the like.
PROJECTING SIGN
A sign that is wholly or partly dependent upon a building
for support and which projects more than 18 inches from such building.
These types of signs should be encouraged in high-pedestrian-use areas
(traditional main streets) or areas where pedestrian activity is to
be encouraged. Projecting signs should be limited in all other areas.
PUBLIC ISSUE SIGN
A temporary sign intended to draw attention to or express
an opinion about an issue not directly related to a political election
of local, state, or national importance.
PUBLIC SERVICE INFORMATION SIGN
Any sign intended primarily to promote items of general interest
to the community such as time, temperature and date, atmospheric conditions,
news or traffic control, etc.
REAL ESTATE SIGN
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
ROOF
Any building surface whose slope is less than two vertical
units to one horizontal unit.
ROOFLINE
The top edge of the roof or top of the parapet, whichever
forms the top line of the building silhouette.
ROOF SIGN
Any sign erected upon, against or directly above a roof or
on a top of or above the parapet of a building.
ROTATING SIGN
Any sign or portion of a sign that moves in a revolving or
similar manner, but not including multiprism indexing signs.
SETBACK
All setback lines to be calculated pursuant to this article
shall be measured from the edge of the property line that is not located
in a right-of-way.
SIGN
Any identification, description, illustration or device illuminated
or nonilluminated which is visible from any public place or is located
on private property and exposed to the public and which directs attention
to a product, service, place, activity, person, institution, business
or solicitation, including any permanently installed or situated merchandise,
or any logo, painting, banner, pennant, placard or temporary sign
designated to advertise, identify or convey information, with the
exception of window displays and national flags. "Signs" shall also
include all sign structures.
SIGN STRUCTURE
Any structure which supports, has supported or is capable
of supporting a sign, including the decorative cover.
SINGLE-TENANT SITE
Any building or buildings, structure or structures located
on a single parcel and used by one enterprise.
SOFFIT SIGN
A sign affixed to the underside of a roof overhang adjacent
to a store or other commercial premises.
STORE FRONT
In a single-tenant building, the linear distance of a building
facing a street or right-of-way and which contains the main entrance
to the building. In a complex, the linear distance of that wall which
has the primary access to the out-of-doors.
STREET
A public highway, road or thoroughfare which affords the
principal means of access to adjacent lots, measured from property
line to property line.
STREET NUMBER PLATE
A nonelectric sign identifying the number and/or name of
the street where a specific building is located.
TEMPORARY SIGN
Any sign permitted pursuant to the provisions of this article
which is not a permanent sign and is intended for use over a limited
period of time.
TRADITIONAL MAIN STREET
A commercial and/or mixed-use street(s) where the structures
are not set back from the front property line, i.e., where structures
are immediately adjacent to the sidewalk. Typically these areas are
older, historic business districts that are the center of the community,
although newer districts constructed in a traditional manner and new
infill construction falls into this category of traditional main street.
These areas are often based on pedestrian traffic and therefore require
different regulations for signs compared to those for commercial districts
based on automobile or higher-speed traffic.
WALKWAY SIGN
A sign affixed to the underside of a permanent, covered walkway
fronting and connecting three or more commercial premises having direct
customer access to the out-of-doors and erected perpendicular to the
fronts of such premises at the entrance, so as to aid passerby pedestrians
in identifying the location of such premises. All such signs within
a commercial complex shall be of the same coloring and shall use the
same lettering style and shall not contain logos or any other information
than the name of the commercial establishment.
WALL
Any building surface whose slope is two vertical to one horizontal
or steeper.
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 supporting structure
for, or forms the background surface of, the sign and which does not
project more than 18 inches from such building or structure.
WINDOW SIGN
A sign that is applied or attached to the interior of a window
or located within three feet of the interior of the window and which
can be seen from the exterior of the structure, and which is nonelectric
in nature.
This article is intended to regulate all signs currently existing
or yet to come into existence, which are to be located within the
Town of Rush.
Set forth in Charts A, B and C and the Table of Permitted Signs are the types of signs and their specific requirements
for which permits may be issued pursuant to the provisions of this
article.
The following signs are exempt from the provisions or requirements
of this article:
A. Any New York State inspection station identification sign which is
at a height which does not exceed 10 feet and is located on an exterior
or interior wall of the motor vehicle service station.
B. Any New York State authorized repair shop identification sign for
passenger vehicles which is at a height which does not exceed 10 feet
and is located on an exterior or interior wall of the motor vehicle
service station.
C. Any New York State authorized repair shop identification sign for
trucks which is at a height that does not exceed 10 feet and is located
on an exterior or interior wall of the motor vehicle service station.
D. One self-service identification sign which does not exceed two square
feet per self-service fuel pump island.
E. One full-service identification sign which does not exceed two square
feet per full-service fuel pump island.
F. Fuel price signs required by federal, state or local legislation.
G. Street number identification plates.
J. Posted (no hunting, fishing and trapping) signs.
L. Utility line identification and location signs.
M. Phone identification signs.
N. Rest room identification signs.
O. Handicapped parking and access signs.
P. Vacancy/no-vacancy signs which do not exceed three square feet.
Q. Accessory signs identifying such use as parking, no parking or office,
which do not exceed two square feet each.
R. Holiday decorations erected for and during the particular holiday
they relate to or symbolize.
S. Open/closed business signs that do not exceed two square feet.
T. Temporary signs, such as nonprofit fundraising events or sales, garage
sales, real estate for-sale or for-rent signs, or signs advertising
political candidates or public issues, as per Charts A, B and C or
in the Table of Permitted Signs.
(1) Temporary on-site product promotion farm stand signs shall be exempt from permitting requirements of Chapter
120, Article
III. Temporary on-site product promotion farm stand signs shall be only permitted during the seasonal use of the structure, shall be limited to four in number, shall comply with the clear sight triangle requirements of §
120-59, and shall comply with the size limitations identified in the Table of Permitted Signs.
[Added 6-9-2022 by L.L. No. 4-2022]
U. Street identification, traffic and governmental signs and control
devices required by law, ordinance or regulation.
V. Official public information signs, memorial signs, building names,
erection dates or similar information cut into masonry or other permanent
surface or constructed of bronze or other noncombustible material,
not to exceed 16 square feet.
W. Signs and markers in cemeteries designating graves and memorials.
X. On-site directional signs, not to exceed a total of four square feet
per sign and placed at a height of no more than 10 feet.