[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 9-11-1991 by L.L. No. 4-1991 (Ch. 31 of the 1971
Code). Amendments noted where applicable.]
This chapter is enacted to promote the public
welfare and safety by regulating signs and street graphics. The purpose
of this chapter is to:
A.
Enhance and protect the community's physical appearance;
B.
Preserve a scenic and natural beauty;
C.
Create a more attractive community appearance and
business climate;
D.
Encourage appropriate signs and graphics which are
compatible with their surroundings;
E.
Lessen objectionable competition in sign size and
placement; and
F.
Reduce the hazards of sign obstructions and distractions.
A.
Signs must be visually appealing, constructed of durable
material, maintained in good condition and shall not be allowed to
become dilapidated, faded, peeled or blistered.
B.
No sign shall be placed in such a position that it
will cause danger to public safety or traffic by obstructing a view,
door, window or fire escape or by shining a light on the street.
C.
Flashing or oscillating lights shall not be allowed.
D.
No mechanical movement of or on a sign shall be permitted.
E.
A permit shall be required for the erection or alteration
of all signs within the Town.
F.
No sign shall be higher than the height limit in the
zoning district where such sign is located, nor shall any sign be
located upon the roof or parapet of a building.
G.
No sign shall be erected within a public right-of-way,
street or sidewalk.
H.
Signs shall only be located to advertise products,
businesses, places of interest, educational, cultural, scientific
or religious sites or services available in Town of Fallsburg or an
adjoining Town.
I.
These regulations shall not apply to street name and
traffic control signs erected by the State Department of Transportation
or County Department of Public Works or other authority having jurisdiction.
J.
Trespassing or posted signs shall be allowed in all
zoning districts when such signs comply with existing laws and regulations
for posting property.
K.
Signs shall be designed to be compatible with their
surroundings and appropriate to the architectural character of the
buildings on which they are placed. Sign panels and graphics should
relate to and not cover architectural features. Sign size should be
in appropriate proportion to architectural features and the sign's
surroundings.
L.
The number of colors used should be the minimum consistent
with the design. Colors of signs shall be compatible and harmonious
with the color scheme of the building the sign identifies. DayGlo®
colors shall not be permitted.
M.
Groups of related or adjacent signs shall be encouraged.
They should express uniformity and create a harmonious appearance.
N.
Blank faces shall be painted beige or light brown.
Any "available" legend shall be no more than 12 inches in height and
shall only bear the word "available" and the telephone number of the
sign owner.
O.
Off-premises directional signs shall be clustered
and maintained on the fewest possible posts.
P.
Where this chapter imposes a greater restriction on
the design, construction, placement and maintenance of signs, or makes
any other greater restriction than is required by any other local,
state, federal or administrative law, ordinance, regulation, rule,
covenant or agreement, the provisions of the law that imposes the
greater restriction shall govern.
The following types of signs are prohibited:
A.
Flashing signs, including any sign or device on which
the artificial light is not maintained stationary and constant in
intensity and color at all times when in use.
B.
Signs which compete for attention with or may be mistaken
for a traffic sign or signal.
C.
Portable signs.
D.
No sign shall consist of pennants, ribbons, streamers,
spinners or similar moving, fluttering or revolving devices.
E.
No advertising message shall be spread over more than
one sign placed along a street or highway.
F.
No sign shall be more than two faced.
G.
No sign shall protrude more than 18 inches from the
face of a building.
H.
Off-premises signs.
A.
Permits required. Permits shall be required for all
signs other than on-premises "for sale or lease" signs or on-premises
identification of the building address and its tenants/occupants.
B.
Temporary permits. The Code Enforcement Officer may
issue temporary permits for a period not to exceed 90 days.
C.
Removal of signs with temporary permits. Signs erected
pursuant to temporary permits shall be completely removed by the property
owner at the termination of permit.
D.
Factors to be considered in issuing a temporary permit.
In determining whether to issue a temporary permit and in determining
whether to issue a sign permit, the Code Enforcement Officer shall
consider whether such sign:
(1)
Is in the public interest and is not detrimental to
public safety, welfare or surrounding property;
(2)
Is of such character, size, color, design, style and
location that it will be in harmony with orderly development of its
immediate neighborhood environment, its surroundings, adjacent property
and the zoning district and compatible with its surroundings and with
the architectural character of the building it is placed on or identifies;
(3)
Is in conformance with requirements set forth in this
chapter;
(4)
Does not in any way interfere with the lawful and
aesthetic enjoyment of the public highway or adjacent property;
(5)
Does not by reason of its location create a hazard
of any nature to the public in general or to any adjacent property
owner; and
(6)
Is legible in the circumstances under which it is
seen.
E.
Design features to be considered in issuing a temporary
permit. The Code Enforcement Officer shall also consider the following
design features:[1]
F.
Filing of application. Anyone wishing to apply for
a permit shall file a completed application with the Town Code Enforcement
Officer.
G.
Contents of application. Each application shall consist
of:
(1)
The name, address and telephone number of the applicant,
owner of the real property on which the sign will be located, owner
of the sign and contractor(s) who will build, install and maintain
the sign.
(2)
A drawing in appropriate scale to show the design,
dimensions and color of the graphics, wording and sign structure,
details of any illumination source and placement of the sign relative
to the building or structure on which it is located and relative to
nearby buildings, structures, street lines and property lines.
(3)
Written consent of the owner of the real property
on which the sign will be located and owner of the sign.
(4)
A copy of any required electrical permit issued for
said sign or a copy of the permit application.
H.
Fees, purpose of. Fees shall be charged for permits
both to enable administration and enforcement of this chapter; to
provide technical and aesthetic guidance to its implementation and
to compensate the public for commercial utilization of its visual
environment.
I.
Fees, computation of. There shall be a flat fee in
an amount as set from time to time by resolution of the Town Board,
payable upon application.
[Amended 3-10-2010 by L.L. No. 3-2010; 5-11-2010 by L.L. No.
7-2010; at time of adoption of Code (see Ch. 1,
General Provisions, Art. IV)]
|
Type of Sign
|
Initial Fee
| ||
|---|---|---|---|
|
Directional sign
|
Flat fee referenced above
| ||
|
Official sign erected by a municipality
|
No permit required
| ||
|
Residences and institutions
|
Flat fee referenced above
| ||
|
Professional and home occupations
|
No permit required
| ||
|
Business signs
| |||
|
Surface mounted
|
Flat fee referenced above
| ||
|
Projecting
|
Flat fee referenced above
| ||
|
Temporary signs for nonprofit organizations
whose activities are nonpolitical
|
No fee
| ||
|
Political signs
|
No fee
| ||
|
Commercial
|
Flat fee referenced above
| ||
J.
Refund upon removal of sign. One-half of the initial
permit fee shall be returned without interest within 30 days of submission
of evidence of removal of a sign and restoration of the property to
its former appearance and condition.
K.
Review of application. The Code Enforcement Officer
shall give due consideration to each application in the order presented
and may require any applicant to submit supplementary data in support
of their application.
L.
Time limit on approval. The Code Enforcement Officer
shall, within 60 days, approve or disapprove each application. Failure
to act on an application within 60 days will be considered approval
of the application.
M.
Application to Zoning Board of Appeals for variance
of location. Where the applicant believes that the proposed sign location
should be approved because of hardship and the proposed location fails
to satisfy some conditions in the general sign regulations set forth
above, the applicant may submit to the Zoning Board of Appeals a claim
of hardship together with any evidence he or she wishes to present
in support of his or her claim. Where hardship has been demonstrated
to the satisfaction of the Zoning Board of Appeals, it may approve
sign locations which are otherwise in violation of this chapter. Where
hardship has not been demonstrated to the satisfaction of the Zoning
Board of Appeals, it shall disapprove the location and permit. In
all cases, the Zoning Board of Appeals shall state with particularity
the reasons for which it approves or disapproves the location.
N.
Variances, generally. The Zoning Board of Appeals
shall hear and decide on the following issues:
O.
Grounds for denial. No application for a sign permit
shall be accepted and no permit shall be approved for a person in
violation of any federal, state or local law, rule or administrative
regulation affecting outdoor advertising in the State of New York.
P.
Time limit on erecting sign. If a sign authorized
by a permit is not completed and in place within 90 days, said permit
shall become null and void.
Q.
Landscaping. As a condition of granting a permit,
the Code Enforcement Officer may require the installation of trees,
shrubbery or bedding plants on the applicant's property to improve
the appearance of the property and to make it more compatible with
the Town's general appearance.
R.
Submission of photograph. Upon completion of the sign,
an applicant shall submit a photograph of the sign in place which
the Code Enforcement Officer shall file with the original sign application.
[Amended 2-25-2013 by L.L. No. 1-2013]
A.
To encourage appropriate and compatible design and placement of signs
and street graphics, all regulated signs may be subject to design
review by the Architectural Review Board.
C.
The Code Enforcement Officer or Planning Board or Architectural Review
Board shall have the discretionary power to vary any maximum numerical
limitation in this chapter by 25%, providing such variation does not
detract from the purpose of this chapter. Such variation shall require
the vote of a majority plus one if the Planning Board or Architectural
Review Board makes the decision.
D.
To insure conformity with this chapter, the Code Enforcement Officer,
Planning Board or Architectural Review Board may require changes in
the sign content.
E.
All decisions shall be transmitted in writing and copies sent to
the applicant and filed with the permit application.
F.
The provisions of this chapter shall be administered and enforced
by the Code Enforcement Officer, who shall have the power to make
necessary inspections.
G.
No sign permit or temporary sign permit shall be approved except
in compliance with the provisions of this chapter or as directed by
the Planning Board or the Zoning Board of Appeals.
A.
All signs shall be installed to withstand wind, rain,
snow and storm; maintained in good condition and attractive appearance;
or removed when no longer in active use, and the property restored
to its former condition.
B.
Anchoring. All signs, including wall-mounted and projecting
signs, shall be securely anchored and shall not swing or move in any
manner.
C.
Specific maintenance. All signs, sign finishes, supports
and electric work shall be maintained, cleaned, neatly painted and
free from all hazards including but not limited to loose supports,
braces, guys and anchors.
D.
Height clearance. Any part of a sign extending over
pedestrian traffic areas shall have a minimum height clearance of
eight feet from the ground surface.
E.
Illumination. Signs may be illuminated by a steady
light, provided that lighting does not illuminate adjacent property.
F.
Supports, etc. Supports and fasteners are to be kept
as simple as possible, consistent with the overall aesthetics with
the system, safety and good usage in the sign fabrication industry.
G.
Fabrication, etc. All sign fabrication, erection and
attachment shall conform to the requirements of the latest edition
of the New York State Uniform Fire Prevention and Building Code and
other applicable codes and regulations.
H.
Electrical fixtures, etc. Lighting fixtures and wiring
shall conform to the requirements of the latest edition of the National
Electrical Code and other applicable codes and regulations.
I.
Concealment. Transformers, wires and similar items
shall be concealed.
J.
General maintenance. All signs, sign finishes, supports
and electrical work shall be kept in good repair and safe condition.
K.
When posters,
ads, circulars, flyers, signs and other such billings are hung on
the inside glass, not more that 20% of the total glass shall be used
for postings, signs or advertisements.
[Added 2-25-2013 by L.L. No. 1-2013]
A.
Limitation on use of. Temporary signs, including but
not limited to directional signs for meetings, conventions and other
assemblies, signs advertising the sale or rental of land or buildings,
signs listing the architect, engineer, contractor and/or owner on
premises where construction, renovation or repair is in progress,
political posters, not-for-profit promotional signs, private sales
or similar signs, shall be placed on community bulletin boards whenever
possible.
B.
General restrictions.
(1)
Temporary signs, except signs advertising the sale
or lease of property, shall not exceed 12 square feet in area.
(2)
Signs advertising the sale or lease of property shall
not exceed five square feet in area.
(3)
Temporary overhead banners shall not exceed four feet
by 25 feet and shall be erected so that the bottommost part of the
banner shall be at least 20 feet above the ground surface.
(4)
No banner shall be displayed over any sidewalk, street
or highway except temporary banners for a period not to exceed 30
days and for which a permit issued by the Code Enforcement Officer
has been obtained. A public liability bond or policy in the sum of
at least $50,000/$100,000 shall be furnished for each banner which
extends across a sidewalk, street or highway. Such a banner must be
securely fastened to buildings or structures.
(5)
Signs or banners erected or maintained for a limited
period of time for public or charitable purposes may be permitted
by the Code Enforcement Officer and any fee for the same may be waived.
However, a public liability bond or policy in the sum of at least
$50,000/$100,000 will be required for any banner or sign extending
over any sidewalk, street or highway.
(6)
All temporary signs shall be removed within seven
days of the event advertised thereon or within seven days after the
construction, renovation or repair is completed as evidenced by the
issuance of a certificate of occupancy by the Code Enforcement Officer.
(7)
Both temporary signs and window signs announcing the
opening or closing of a business, sales and price listings shall not
exceed 20% of the total display window area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(8)
A bond of $100 shall be filed with the Town Clerk
prior to the posting of temporary signs, including political campaign
signs. The bond shall be returned when the signs are removed to the
satisfaction of the Code Enforcement Officer or the bond will be used
to help defray the cost of the Town removing them.
[Amended 5-11-2010 by L.L. No. 7-2010]
A.
Directional sign content shall be limited to the identification
of the activity, facility, attraction, area or site, an indication
of the mileage from the sign to the site, a route number or other
needed directional wording.
B.
Directional signs shall be permitted in all zoning
districts and shall be no larger than four square feet in area.
A.
A sign display or device will be considered an on-premises
sign if it meets the following requirements: The sign must be located
on the same premises as, and within 1,500 feet of the activity or
property advertised, and must have as its purpose the identification
of the activity, its products or services or the sale or lease of
the property on which the sign is located.
B.
The following will not be considered to be a part
of the premises on which the activity is conducted and any signs located
on such land will be considered "off-premises" advertising:
(1)
Any land which is not used as an integral part of
the principal activity. This would include but is not limited to land
which is separated from the activity by a roadway, highway or other
obstruction and not used by the activity and extensive undeveloped
highway frontage contiguous to the land actually used even though
it might be under the same ownership.
(2)
Any land which is used for or devoted to a separate
purpose unrelated to the activity. For example, land adjacent to or
adjoining a service station but devoted to agriculture, residential
or other commercial or industrial use having no relation to the service
station premises even though under the same ownership.
(3)
Land which is at some distance from the principal
activity and is in closer proximity to the highway than the sign site
and occupied solely by structures or uses which are only incidental
to the principal activity and would serve no integrated purpose related
to the activity other than to attempt to qualify the land for signing
purposes. Generally, these will be inexpensive facilities such as
picnic, playground or camping areas, golf-driving ranges, common or
private roadways or easements, walking paths, fences and maintenance
sheds.
(4)
Where the sign site is located at or near the end
of a narrow strip contiguous to the advertised activity, the sign
site shall not be considered part of the premises on which the activity
being advertised is conducted. A narrow strip shall include any configuration
of land that cannot be put to any reasonable use related to the activity
other than for signing purposes.
(5)
In no event shall a sign site be considered part of
the premises on which the advertised activity is conducted if it is
located upon a strip which is not buildable such as swamp land, roadway
or held by easement or other wet land or which is a common or private
roadway or held by easement or other lesser interests than the premises
where the advertised activity is located.
C.
When a sign brings rental income to the property owner
and consists principally of name or trade name advertising and the
product or service advertised is only incidental to the principal
activity, it shall be considered an off-premises sign. An example
would be a billboard located at a service station advertising a brand
of cigarettes which is incidentally sold in a vending machine on the
property.
D.
A sign which advertises activities conducted on the
premises but which also advertises in a prominent manner activities
not conducted on the premises is not an on-premises sign. An example
would be a sign advertising a motel or restaurant not located on the
premises with a notation indicating "skeet range here." The on-premises
activity would not only be the skeet range.
E.
A sale or lease sign which also advertises any product
or service not located upon and unrelated to the business selling
or leasing the land on which the land is located is not an on-premises
sign.
A.
The following types of signs and no others shall be
permitted in residential districts:
(1)
Signs advertising the sale or rental of the premises
upon which located, provided they do not exceed one per property and
a total of five square feet in area and are nonilluminated.
[Amended 5-11-2010 by L.L. No. 7-2010]
(2)
Name plates not exceeding one per property and two
square feet in area.
(3)
Signs identifying a residential development and located
at the entrance of such development, provided that such signs do not
exceed one per street entrance and eight square feet in area.
(4)
Signs identifying a school, house of worship or other
institution not exceeding one per street frontage and 12 square feet
in area.
(5)
Small announcement signs designating professional
offices or home occupations, provided the sign area does not exceed
two square feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.
Signs in residential areas shall have letters and
numbers which do not exceed three inches in height.
C.
Nonilluminated and illuminated nonflashing signs are
allowed.
D.
One sign per dwelling unit shall be permitted, except
in the case of corner lots where two signs (one facing each street)
shall be permitted per dwelling unit.
The following types of signs and no others shall
be permitted in rural and agricultural districts:
A.
Signs advertising a sale or rental of the premises
on which they are located, provided they do not exceed one per property,
six square feet in area.
B.
Signs advertising a business or trade or identifying
a location of a trade, provided they do not exceed two per property.
Each sign may be no more than six square feet in area.
[Amended 2-25-2013 by L.L. No. 1-2013]
The following types of signs and no other shall be permitted
in commercial districts:
A.
Signs for the purpose of identifying the location of a business,
provided such signs are located on the business premises and related
only to the use of the particular property and further provided that
such signs do not exceed one per street frontage. Each sign may be
no more than 64 square feet in area,
B.
Signs advertising items which are not sold or produced on the lot
where such sign is located are prohibited.
C.
Signs advertising services not located on the lot where such sign
is located are prohibited. This shall not apply to directional signs,
which shall be limited to four square feet in area.
D.
General directory signs shall be no larger than 40 square feet in
area and shall include only the names of the establishments in letters
no higher than five inches. Such signs shall only be permitted upon
special approval by the Architectural Review Board which shall encourage
uniform directory signs.
E.
There shall be no more than one sign for each tenant on the premises
on each wall fronting a street. The aggregate area in square feet
of all signs on any wall shall be no greater than two times the length
in feet of such wall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
In the event a sign lawfully erected prior to
the effective date of this chapter or any amendment thereto does not
conform to the provisions and standards of this chapter, as amended,
then such signs should be modified to conform or be removed according
to the following regulations:
A.
Existing signs shall be brought into conformance or
removed within 18 months after the effective date of this chapter
or any amendment thereto.
B.
A nonconforming sign may not be changed or enlarged
unless a variance is granted by the Zoning Board of Appeals. When
a nonconforming sign is in need of alteration, replacement, or substantial
repair as shall be determined by the Code Enforcement Officer, the
sign shall be made to come into conformance with the requirements
of this chapter or be removed unless a variance is granted by the
Zoning Board of Appeals.
C.
Temporary removal of a nonconforming sign for painting
or other normal maintenance shall be limited to a period of 30 days.
D.
Within 60 days after the effective date of this chapter,
owners of all nonconforming signs shall apply for a permit to continue
use of a nonconforming sign.
E.
The aforesaid provisions regarding nonconforming signs
are not to be invoked if doing so would violate state or federal laws.
A.
In the event of a breach of any of the provisions
of this chapter, the Code Enforcement Officer shall notify the owner
of the premises, in writing, to remove, repair or bring the sign into
conformance, within 30 days of the date of such notice.
B.
Any person, firm or corporation, whether as owner,
lessee agent or employee, who violates any of the provisions of this
chapter, or who fails to comply with any order or regulation made
thereunder, or who erects, moves or alters any sign in violation of
any detailed statement or plans submitted by him and approved under
the provisions of this chapter, shall be guilty of a violation as
the same is defined in the Penal Law and shall be fined not more than
$250 for each violation.
[Amended 5-11-2010 by L.L. No. 7-2010]
C.
Each day that such violation is permitted to exist
shall constitute a separate violation.
D.
If any sign is erected, altered or moved in violation
of the provision of this chapter, proper officials may, in addition
to other remedies, institute an appropriate action to prevent such
unlawful operation.
E.
Upon failure to comply with any notice within the
prescribed time, the Code Enforcement Officer shall remove or cause
removal, repair or conformance of a sign, and shall assess all costs
and expenses incurred against the owner of the building or land on
which the sign is located.
[Amended 5-11-2010 by L.L. No. 7-2010]
F.
All costs and expenses incurred by the Town in causing
the removal or repair of any sign shall be collected from the owner
of the premises on which such sign is located. Payment shall be made
in not less than five days after the receipt of a written demand.
Upon failure to make such payment, such costs and expenses shall be
assessed against said owner and shall be paid and collected as part
of the Town tax next due and payable. In addition, the Town may commence
any other action or proceeding to collect such costs and expenses.
Notwithstanding anything to the contrary contained
in this chapter, any sign authorized under the provisions of this
chapter may contain noncommercial copy in lieu of other copy.
