[Amended 7-6-1977 by L.L. No. 2-1977; 10-5-1988 by L.L. No.
3-1988; 9-5-1990 by L.L. No. 2-1990; 12-2-1998 by L.L. No.
10-1998; 12-20-2000 by L.L. No. 7-2000]
It is the intent of this article to:
A.
Encourage sound aesthetic practices and lessen the
objectionable effects of competition in respect to size and placement
of signs.
B.
Safeguard and enhance property values in all zoning
districts.
C.
Protect public investment in, and the character and
dignity of, public buildings, open spaces and thoroughfares.
D.
Protect the distinctive appearance of the Town of
Ellicott, which is derived from its unique geography, topography,
street patterns, skyline and architectural features.
E.
Provide an environment which will promote the orderly
development of the Town.
F.
Reduce hazards to motorists and pedestrians traveling
on the public way.
G.
Thereby promote the public health, safety and welfare.
A.
Where the provisions relating to a sign are inconsistent
or conflicting, the more restrictive provisions shall apply.
B.
Signs subject to the provisions of a conditional use,
variance, exception, special permit or other special authorization,
license or ordinance issued prior to the effective date of this article
shall be subject to the provisions contained therein and to the provisions
of this article. Where such provisions are inconsistent or conflicting,
the more restrictive provisions shall apply. All such signs which
do not conform to this article shall be considered nonconforming signs.
A.
All signs not specifically described herein as "exempt
signs" shall require a sign permit. Applications for sign permits
shall be made to the Town Code Enforcement officer on forms prescribed
by, and provided by, the Town of Ellicott and shall contain the following
information:
(1)
Name, address and telephone number of the applicant.
(2)
Name, address and telephone number of the property
owner.
(3)
Location of the building, structure and land
upon which the sign now exists or is to be erected.
(4)
Elevation and plan drawings, to scale, shall
be included. In addition, a full description of the placement and
appearance of the proposed sign shall be included with the following
information:
(a)
Location on the premises, specifically, its
position in relation to adjacent buildings, structures and property
lines.
(b)
Area of building facade, if applicable.
(c)
The method of illumination, if any, including
the timing thereof and the position of such lighting other extraneous
devices.
(d)
Graphic design (sketch to scale), including
text copy, symbols, letters, materials and colors.
B.
Other laws. Compliance with all other applicable governmental
regulations shall be a prerequisite to the submission of any application
under this section, and continued compliance with such regulations
shall be deemed a condition of any permit or variance issued.
C.
All applications requesting a permit in any district
on the National Register of Historic Places by the Department of Interior,
or listed as a preservation district, or eligible for such a listing,
as evidenced by a letter from the New York State Preservation Officer,
shall require a hearing.
A.
Within 30 days of the filing of a completed application
for a sign permit and the payment of the required fee, the Code Enforcement
Officer shall examine the plans, specifications and the premises on
which the sign is to be erected and a permit shall be granted, provided
that:
(1)
Any proposed temporary sign conforms to the
regulations of this chapter.
(2)
Upon review of the application for a new sign,
a replacement sign or a nonconforming sign associated with existing
buildings, the Town Code Enforcement Officer has determined that the
criteria set forth herein have been complied with.
B.
The issuance of a permit shall not excuse the applicant
from conforming to other laws and ordinances of the Town, county or
state. If the erection of any approved sign is not commenced within
one year from the date of issuance, the permit shall become null and
void. Said permit may be renewed within 30 days prior to the expiration
thereof, for an additional six months, when good cause is shown.
As used in this article, the following terms
shall have the meanings indicated:
A.
SIGN
OFF-PREMISE ADVERTISING SIGN
General terms.
An emblematic design, including those which are composed
of light rays only, designed to attract public attention to an industry,
business, commodity, product, service or activity, on or off the premises
where such products, service or activity is or is intended to be sold
or conducted.
A sign which directs attention to an industry, business,
commodity, product, service or activity which is offered or conducted
elsewhere other than on the premises upon which such sign is located.
This term does not include the flag, pennant or insignia of any nation
or association of nations, or any state, city or other municipal unit,
or any charitable, educational, philanthropic, civic, religious, or
like campaign, drive, movement or event.
B.
ANIMATED SIGN
GROUND SIGN
MARQUEE SIGN
PROJECTING SIGN
ROOF SIGN
TIME, TEMPERATURE AND MEDIA DISPLAY DEVICES
WALL SIGN
Sign types.
A sign, or any portion thereof, having movement effected
by mechanical or natural means, including by way of illustration and
not limited to rotating signs, wind signs and signs where movement
is simulated by illumination devices. This term shall include the
use of blinking, flashing and general intermittent light, as opposed
to light of a constant intensity and value.
A sign which is supported by one or more uprights or braces
in or upon the ground.
A sign affixed to or hung from a marquee. "Marquee" means
a canopy or similar structure projecting from a building.
A sign which is affixed to any building wall or structure
and extends beyond the building wall or parts thereof, structure,
building line or property line more than 15 inches horizontally, and
no portion of which projects above the roofline or parapet of a building.
A sign of which any portion thereof is either situated above
the upper edge of any building wall or parapet (except as otherwise
provided for in the definition of "wall sign" below) or erected or
painted on or above the roof covering any portion of the building,
including signs supported on the roof or on an independent structural
frame or located on the side or roof of a penthouse, roof tank, roof
shed, elevator housing or other roof structure.
A sign exhibiting time, temperature or messages displayed
in light, LCD or video format.
A sign which is affixed and parallel to an exterior wall
of a building, projecting not more than 15 inches therefrom and extending
not more than three feet above the roofline or parapet of the building.
Where a sign extends more than three feet above the roofline or parapet
it shall be considered a roof sign.
C.
APPROVED COMBUSTIBLE PLASTICS
AREA
DISPLAY SURFACE
FACING
HEIGHT
LETTERS AND DECORATIONS
STRUCTURAL TRIM
STRUCTURE
Structural characteristics.
Combustible plastic materials which, when tested in accordance
with the American Society for Testing if Materials Standard Method
for Test for Flammability of Plastics over 0.050 inch in thickness
(D635-44), adopted in 1944, but no faster than 2.5 inches per minute
in sheets of sixty-thousandths-inch thickness.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character, as included within the definition of a sign,
together with any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed, excluding the necessary supports or uprights
on which such sign is placed. The total area of each face of double-faced
permanent and double-faced temporary signs shall be considered as
one area.
The surface made available by the structure, either for the
direct mounting of letters and decoration or for the mounting of facing
material intended to carry the entire advertising message.
The surface of the sign upon, against or through which the
message of the sign is exhibited.
The vertical distance from the uppermost point of a sign,
including the sign structure or structural trim, to the average grade
directly below the sign.
The letters, illustrations, symbols, figures, insignias and
other devices employed to express and illustrate the message of the
sign.
The moldings, battens, cappings, nailing strips, latticing
and platforms which are attached to the sign structure.
The supports, uprights, bracing and framework of the sign.
The following types of signs may be erected
and maintained, without permits or fees, as an accessory use to the
principal use on the premises, provided that the standards set forth
herein are met. No such sign shall be placed so as to cause a visual
hazard or obstruction to vehicular or pedestrian traffic.
A.
Historical markers, tablets and statues, memorial
signs and plaques may be placed at the location of the event or subject
of commemoration. Names of buildings and dates of erection in the
form of a plaque or single letters and numbers, when cut into a masonry
surface or when constructed of bronze, stainless steel or similar
material, may be installed upon the subject building. Emblems of governmental
agencies, religious or nonprofit organizations may be installed upon
the building occupied by the organization or agency they represent
or at a location approved by the Code Enforcement Officer. Such signs
shall not exceed six square feet of area.
B.
On-premise informational signs identifying public
parking areas, fire zones, public accommodations, traffic directions
and traffic control signs shall not exceed four square feet and shall
not contain any commercial copy other than business identification.
C.
Public safety signs containing information designed
for the protection and safety of the general public such as warnings,
danger, trespassing, work areas, utility warnings, railroad crossing,
sentry dogs, security systems, etc.
D.
Nonilluminated "warning," "private drive," "posted"
or "no trespassing" signs, not exceeding two square feet per face.
E.
Number and name plates identifying residents and/or
name of structure, mounted on the building or mailbox and not exceeding
two square feet in area. Such signs, if constructed as a lawn sign,
shall not exceed four feet in height, shall not be illuminated nor
contain an advertising message and shall be mounted 10 feet from property
lines.
F.
Required price signs on fuel pumps.
G.
Signs situated within an open-air theater, arena,
stadium or similar enclosure shall be designed so as not to be visible
to the general public outside the enclosure.
H.
Planned development or subdivision signs shall contain
only the name of the development or subdivision and shall exclude
products, services or other forms of advertising.
(1)
Restrictions. All such signs shall be contained within
the boundary lines of the planned development or subdivision.
(2)
Signs situated within any district shall not exceed
20 square feet of gross accumulated area of one side when the sign
is erected parallel to the street and shall not exceed 40 square feet
of gross accumulated area of both sides when the sign is erected perpendicular
to the street.
(3)
No more than one sign shall be permitted to identify
such a planned development or subdivision. The maintenance of such
signs shall be the responsibility of the developer or other party
and/or entity responsible for the general maintenance of the planned
development or subdivision.
(4)
A proposed subdivision identification sign shall be
considered a permitted principal use and shall situated on its own
platted lot. Such lot shall require the approval of the Town Zoning
Board of Appeals. "Planned development" shall mean, by way of example
only, condominiums.
[Amended 1-15-2018 by L.L. No. 1-2018]
A.
The following temporary signs are exempt from the
permit process, provided that they meet the criteria herein. Failure
to do so shall cause such sign to be removed by the Code Enforcement
Officer.
B.
Regulations. Except as otherwise provided by this
article, all temporary signs shall be subject to the following regulations:
(1)
Temporary construction signs, including those
of the public sector agencies, located on the premises of the project,
listing the principal parties thereof, shall be limited to 32 square
feet of area, shall not exceed six feet in height and shall be limited
to one sign per job site. Such signs shall be removed within one week
after the completion of construction.
(2)
Temporary private owner merchandise sale signs
for garage sales, household sales and auctions shall be erected on
the premises on which the sale or auction is being conducted, shall
not exceed four square feet in area and shall be erected no earlier
than one day prior to the sate and shall be removed on the last day
of the sale.
(3)
Temporary nonilluminated "For Sale," "For Lease"
or Rent" real estate signs concerning the premises upon which the
sign is located shall not exceed nine square feet in area on each
face and shall be set back a minimum of four feet from the property
lines in any residential district and agricultural-residential district.
Such signs, when located in other districts, shall not exceed 25 square
feet in area on each face and shall be placed a minimum of 10 feet
back from the property lines. All such signs shall be removed within
five days after the sale, rental or lease of the subject property.
No sign in any district shall be located above the first story of
the building, and no ground sign shall exceed six feet in height.
(4)
One temporary nonilluminated on-premise roadside
stand sign, advertising agricultural produce grown on the premises,
shall be allowed during the season in which the produce is available.
Such sign shall not exceed 16 square feet in area per face and shall
not exceed six feet in height.
(5)
Temporary nonilluminated interior window signs
shall not be used for permanent advertising.
(6)
Political campaign signs shall not exceed nine
square feet in area on each face and shall otherwise be governed by
the criteria set forth herein. Such signs shall not be placed prior
to six weeks before election day and shall be removed within one week
after election day.
A.
The following temporary signs shall require a permit,
the duration of which shall be 90 days.
The following regulations are applicable to
all signs:
A.
Prohibited signs. All signs not expressly permitted
in this code are prohibited. No roof signs, billboards, off-premise
advertising signs or animated signs are permitted in any district.
No time, temperature or media displaying devices shall be allowed
in residential or a agricultural-residential districts.
B.
Location. No sign shall be located nearer than 10
feet to any property or roadway boundary line, whichever dictates
the greater setback. Setback regulations specified herein shall apply
to any and all parts of the sign, including but not limited to structural
supports and lighting equipment.
C.
Corner visibility. On a corner lot, within the areas
formed by the right-of-way lines of intersecting streets and a line
joining points such right-of-way lines at a distance of 25 feet from
their intersection, no sign shall project into the elevation between
a height of two and a height of 10 feet above the average grade of
each street at the center line thereof, except that this prohibition
shall not apply to any official signs or to wall or marquee signs
affixed to structures situated within such area.
D.
Placement. No sign shall be placed upon or attached
to any public or private utility pole, lamppost, water or fire hydrant,
sidewalk, bridge, tree or similar installation or improvement, whether
situated upon public or private property.
E.
Obstructions. No sign shall obstruct by physical or
visual means any fire escape, window, door, or any opening providing
ingress, egress, or that is designed for fire or safety equipment,
or any passageway from one area of a structure or roof to another
portion thereof, or any opening required for ventilation or which
is required to remain unobstructed by any applicable law.
F.
Hazards to public safety. Signs which, by their use
or simulation of colors, design or placement, tend to confuse, detract
from or in anyway obstruct the utilization of traffic regulatory devices
are prohibited. All determinations regarding this regulation shall
be made by the Town Code Enforcement Officer, who shall consider,
but not be limited to the following:
(1)
The use of words such as "stop," "go," "look,"
"caution," "danger," "warning" and similar nomenclature.
(2)
The use of colors and lights in the spectrum
of colors used by traffic regulatory devices.
(3)
The use of blinking, intermittent flashing or
other animated forms and sources of illumination which through direct
or indirect means create glare.
(4)
No sign shall be placed so as to cause a visual
or safety hazard or obstruction to vehicular or pedestrian traffic.
G.
Flashing display signs. No sign shall be illuminated
by strobe lights or contain flashing, intermittent, rotating, moving
or traveling messages or displays.
H.
Motion devices. No multiple banners, pennants, ribbons,
streamers, spinners or similar moving, fluttering or revolving devices
are permitted.
I.
Illumination.
J.
Vehicular advertising. No trailer or vehicle with
an advertising message shall be parked on a premises in a manner to
serve as a sign.
K.
Wind resistance. All signs shall be designed, constructed
and maintained to withstand a minimum wind pressure of 35 pounds per
square foot.
L.
Electrical equipment. All electrical equipment being
a part of any sign shall bear the Underwriters Label of Approval,
and the installation thereof shall be approved, and a permit attesting
to such approval shall be issued by a certified electrical inspector.
M.
Site maintenance. Any person(s), partnership, firm
or corporation occupying any vacant lot or premises by means of a
ground sign shall be subject to the same duties and responsibilities
as the owner thereof with respect to keeping such lot or premises
clean, sanitary, inoffensive and free of all obnoxious substances
and unsightly conditions in the vicinity of such sign for which they
are responsible.
A.
Residential District.
(2)
Height. No wall sign, or portion thereof, shall
extend above the first story of the building wall to which it is attached.
No ground sign shall exceed a height of four feet.
(3)
Area. The area of a sign identifying a permitted
resident office use shall not exceed six square feet.
(4)
Number. No more than one sign shall be permitted
for any use.
B.
Agricultural-Residential District.
(1)
Permitted signs. All uses expressly allowed
as accessory or special uses may be identified by a wall or ground
sign. All other types of signs are prohibited.
(2)
Height. No wall sign or any portion thereof
shall extend above the first story of the building to which it is
attached. No ground sign shall exceed a height of six feet.
(3)
Area. No sign shall exceed 16 square feet in
area.
(4)
Number. No more than one sign shall be used
to identify any individual use.
C.
Professional Office District.
(1)
Permitted signs. All buildings may be identified
by a wall and/or a ground sign.
(2)
Height. No wall sign, or any portion thereof,
shall extend above the first story of the building to which it is
attached. No ground sign shall exceed a height of six feet.
(3)
Area. No ground sign shall exceed 20 square
feet in area. No wall sign shall exceed four square feet in area.
(4)
Number. No more than one sign shall be used
to identify each principal use.
D.
Neighborhood Business District.
(1)
Permitted uses. All uses may be identified by
a wall and/or a ground sign.
(2)
Height. Ground signs shall not exceed 10 feet
in height as measured from grade.
(3)
Area. No ground sign shall have an area in excess
of 32 square feet. No wall sign shall exceed four square feet in area.
(4)
Number. Each use may have one wall sign at entrance.
Each complex or building shall be allowed one ground sign identifying
the tenants within.
E.
Shopping Center Districts and Mercantile Districts.
[Amended 3-7-2002 by L.L. No. 1-2002]
(1)
Permitted signs. All uses may be identified
by one wall, projecting or ground sign. In multiple-tenant buildings
or complexes, each tenant may have a wall or projecting sign identifying
the tenant's use and, in addition thereto, the multiple-tenant building
or complex may have one ground sign identifying all of the tenants
in the building or complex.
(2)
Height. No ground sign shall exceed 30 feet
in height as measured from grade.
(3)
Area. The area of a wall sign shall not exceed
1 1/2 square feet per linear foot of tenant frontage use. The
area of a projecting sign may not exceed 32 square feet per face.
The area of a ground sign shall not exceed 100 square feet per face.
F.
Industrial and Industrial Park Districts, use and
building identification.
(1)
Permitted signs. All buildings may be identified
by a wall or ground sign.
(3)
Height. Ground signs shall not exceed 30 feet
in height in Industrial Districts and shall not exceed 20 feet in
height in Industrial Parks.
(4)
Area.
(a)
The total area of a wall sign identifying occupants
and uses in a single-occupant building shall not exceed 200 square
feet.
(b)
The total area of a ground sign identifying
the occupants within a multitenant building or industrial park complex
shall not exceed 240 square feet. Each industry identified on such
signs shall be limited to an area not to exceed eight square feet.
A.
Permits. A sign permit shall be required prior to the performance of any sign work as described in Subsection C of this section, except as hereinafter defined. Such permits shall be issued by the Town Code Enforcement Officer in addition to any variance, licenses or consents required pursuant to any other applicable regulations.
B.
Sign work. Sign work shall include the erection, placement,
replacement, removal, repair, alteration, modification or establishment
of a sign or its structural appurtenances.
C.
D.
Nonconforming signs. All signs legally erected prior
to the effective date of this article which do not conform to the
regulations set forth herein shall be considered nonconforming signs.
E.
Variances. Zoning Board of Appeals. The Zoning Board of Appeals is hereby authorized to grant variances from any of the regulations contained in this article in accordance with the authority vested in the Zoning Board of Appeals under § 146-73 of this Code.
F.
Appeals. Appeals of any determination by the Town
Code Enforcement Officer shall be made to the Zoning Board of Appeals
by the filing of a notice of appeal with the Town Clerk within 10
days after the determination of the Code Enforcement Officer has been
officially announced or otherwise communicated to the applicant. The
Zoning Board of Appeals shall have all the authority of the Code Enforcement
Officer in making a determination on the appeal and shall be governed
by the same criteria.
H.
Enforcement and penalties for violations.
(1)
Notices of violation. This article shall be enforced
by the Town Code Enforcement Officer. All notices of violation and
other administrative enforcement procedure and remedies shall be directed
to the owner, tenant or beneficial user of the property upon which
a sign is located.
(2)
Inspection. It shall be the duty of the Town Code
Enforcement Officer to inspect every sign for which a permit is required.
(3)
Maintenance. All signs, together with all their supports,
braces, guys and anchors, shall be kept in good repair and in proper
state of preservation. The Town Code Enforcement Officer may order
the removal of any signs that are not maintained in accordance with
the provisions set forth in this article.
I.
Abandoned signs. The Town Code Enforcement Officer
shall order the removal of any sign which has become abandoned. In
making such a determination, the Town Code Enforcement Officer shall
consider, but shall not be limited to, the following elements:
(1)
Period of nonuse of activity, product, service or
other item relative to the message content of the sign, provided that
where a business activity has been discontinued for a period of 365
days, the sign shall be presumed to have become abandoned unless the
owner, beneficial user or other party in interest files a written
certification with the Town Code Enforcement Officer, indicating that
such a sign (including its appurtenances) is to be utilized within
30 days following such three-hundred-sixty-five-day period.
(2)
The sign is situated upon or incidental to a site
which has been scheduled for demolition, and it appears that the activity,
product, service or other item relative to the message content is
no longer viable, irrespective of the lapse of time.
(3)
The sign is otherwise nonconforming or illegal, and
the owner or beneficial user cannot with reasonable diligence be located.
J.
Removal of signs. Any abandoned or illegal sign existing
on or after the effective date of this article shall be removed by
the owner of the premises upon which such sign is located after written
notice as provided herein. Within 30 days after the removal of any
wall sign, along with all of such sign's appurtenances, and including
signs painted on walls, the surface area of the wall or facade to
which the sign was attached shall be restored to a condition substantially
equivalent to the remaining portion of the wall or facade. Within
30 days after the removal of any ground sign, along with all of such
sign's appurtenances, including foundations, etc., the site shall
be restored to a condition substantially equivalent to the surrounding
area. Upon determining that an illegal or abandoned sign exists, the
Town Code Enforcement Officer shall notify the owner or beneficial
user of such sign, in writing, to remove said sign within 30 days
from the date of such notice. Upon failure to comply with such notice
within the prescribed time, the Town Code Enforcement Officer shall
remove or cause the removal of such sign and shall assess all costs
and expenses incurred in said removal against the property on which
sign is located.
