The purpose of these regulations is to provide
comprehensive time, place and manner restrictions on signage including,
but not limited to, controls on size, height, quantity, location,
spacing, shape, lighting, motion, design and appearance toward the
basis of promoting community aesthetics, traffic safety, economic
development and the protection of property values.
[Amended 12-14-2015 by L.L. No. 4-2015]
It is intended, by the provisions of these regulations, to accomplish
the following:
A.
To create a more attractive economic and business climate and to
enhance and protect the physical appearance of the community.
B.
In addition, it is intended to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, and provide more visual open space.
C.
It is intended to promote attractive signs, which clearly present
the visual message in a manner that is compatible with the sign's
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such signs should convey their messages clearly
and simply to enhance their surroundings.
D.
To provide standards to distinguish between commercial and noncommercial
speech signage in the Town of East Bloomfield.
A.
Categories - all signs. After the enactment of this
chapter, all signs existing within the Town of East Bloomfield shall
be categorized as follows:
B.
Classification - previously erected signs. After the
enactment of this chapter, all signs previously erected within the
Town of East Bloomfield shall be classified as follows:
(1)
A sign for which no permit was heretofore issued.
(2)
A sign that is made nonconforming for which
a permit or site plan approval was obtained under the provisions of
the Town of East Bloomfield previous sign regulations.
(3)
A sign that conforms to the standards contained
in this chapter, for which a sign permit and sign compliance certificate
have been issued by the Code Enforcement Officer.
(4)
A sign that conforms to the standards contained
in this chapter, but for which no sign permit or sign compliance certificate
is required from the Code Enforcement Officer.
C.
Conformance for all signs. No commercial speech sign
shall be permitted or noncommercial speech sign allowed in the Town
of East Bloomfield, except in conformity with the provisions of this
chapter.
[Amended 12-14-2015 by L.L. No. 4-2015]
(1)
A sign that conforms to the standards contained in this chapter,
for which a sign permit and sign compliance certificate have been
issued by the Code Enforcement Officer.
(2)
A sign that conforms to the standards contained in this chapter
but for which no sign permit or sign compliance certificate is required
from the Code Enforcement Officer.
D.
Nonconforming signs.
(1)
Alteration of nonconforming signs. Nonconforming
signs shall not be altered, rebuilt, enlarged, extended or relocated,
unless such action changes a nonconforming sign to a conforming sign
as provided herein. The failure to keep any such nonconforming sign
in good repair within a period of 30 days after due notification by
the Code Enforcement Officer shall constitute abandonment of the sign.
An abandoned sign shall not be reused and shall be removed by or at
the expense of the property owner.
(2)
Early termination of nonconforming signs. If
a project subject to development review is proposed for a parcel upon
which a nonconforming sign is located, the reviewing board or agency
shall require that said nonconforming sign(s) be brought into compliance
as a condition of approval of the proposed development review(s).
(3)
Nonconforming signs damaged by acts of nature and/or outside
the property owner's control can be rebuilt to the original nonconforming
state within 12 months of being damaged or destroyed.
[Added 12-14-2015 by L.L.
No. 4-2015]
A.
Application required. The following signs shall require
a sign permit application to be submitted and a sign permit issued
in accordance with the provisions of this chapter prior to erecting
and maintaining a sign in the Town of East Bloomfield.
B.
Application not required. The following signs do not
require a sign permit application be to submitted or a sign permit
to be issued prior to erecting and maintaining a sign:
[Amended 7-14-1997 by L.L. No. 1-1997]
C.
Issuance by Code Enforcement Officer.
(1)
The Code Enforcement Officer shall have the authority to issue sign permits for any commercial speech sign permitted in any zoning district as specified in § 135-108 of these regulations.
(2)
The Code Enforcement Officer shall refer all applications for commercial speech sign permits that involve more than one sign per building or site to the Town of East Bloomfield Planning Board for sign site plan approval. The Town of East Bloomfield Planning Board shall have the authority to approve all sign permit applications requiring sign site plan approval. The sign site plan approval procedures are set forth in § 135-108 of these regulations.
(3)
The Code Enforcement Officer shall have the
authority to approve a modification to an approved sign site plan,
provided that there is no change to either the number, location or
total area of signs.
D.
Certain temporary signs that do not require a permit.
(1)
The following commercial speech temporary signs
are allowed in all use districts without a sign permit, but must be
erected as a ground sign or affixed to a building and meet the following
standards:
(a)
Temporary signs on temporary buildings for uses
incidental to construction work, provided that such signs are removed
when the buildings are removed or upon completion or abandonment of
the construction work. Such signs shall not exceed 20 square feet
in area.
(b)
One ground or wall temporary site development
sign, to identify a development of real property is permitted, subject
to the following conditions:
[1]
The maximum allowable sign area shall be 20
square feet.
[2]
A ground sign shall be allowed only for and
during the development of a vacant site.
[3]
A wall sign shall be allowed only for and during
the redevelopment of an existing structure.
[4]
A ground sign shall be no taller than six feet
above average grade and a wall mounted sign shall be no higher than
10 feet above average grade.
[5]
A temporary site development sign shall be oriented
towards the public way in front of the site.
[6]
The information permitted is limited to project
name, prime real estate agent, financial investors, general contractor,
subcontractors, builder and architect and may include "now accepting
reservations."
(c)
No sign erected pursuant to this section shall
remain after 12 months from the date of erection, the issuance of
a certificate of occupancy or termination of work on the project,
whichever occurs first.
[Amended 12-14-2015 by L.L. No. 4-2015]
A.
All signs shall be considered structures and, unless exempted, shall require a permit obtained upon approval by the Code Enforcement Officer. A permit is required prior to erecting, altering or relocating any sign. To insure the safety of the community, all signs must comply with the Building and Electrical Codes of the Town of East Bloomfield and the State of New York. See § 135-101 for the permit process.
B.
Design standards. All signs erected and maintained in the Town of
East Bloomfield shall be in accordance with the following sign design
standards:
(1)
Architectural harmony. Commercial speech signs and their supporting
structure should be in harmony architecturally with both the surrounding
structures and signs.
(2)
Changeable copy signs. Changeable copy commercial speech signs
(commonly known as "bulletin boards"), not exceeding 20 square feet
in area, of any public, religious or charitable organization located
within the Town shall be allowed when such signs are in conformance
with all other restrictions for that district. All changeable copy
commercial speech signs require a sign permit.
(3)
Illuminated signs or lighting devices may be permitted, provided
that such signs employ only fixtures emitting a light of constant
intensity, and no sign shall be illuminated by, or contain, flashing
or moving light or lights. Searchlights are not permitted. All illuminated
signs or lighting devices for signs shall be placed or directed so
as to be localized and unobtrusive and shall be turned off at the
later of 11:00 p.m. or the close of business. All illuminated signs
shall comply with the Town's lighting laws and regulations.
(4)
The use of portable, billboards, spinners, streamers, or flashing,
glittering or reflective, illuminated or moving signs or similar eye-catching
devices is not permitted. No sign shall consist of animated or moving
parts.
(5)
The use of one sandwich board sign is allowed on a daily basis
in the Community Commercial, Light Industrial and General Industrial
Districts but must conform to the following:
(a)
No sign may be displayed during hours when the business is closed.
(b)
No sandwich board signs will be allowed within or on a public
way, except where the only property located in front of a business
is a public right-of-way.
(c)
Signs must be displayed in the front of the business, except
when located within a plaza/mini mall at which time a sandwich board
sign is permitted near the roadway as long as the placement of the
sign does not compromise the accessibility or visibility onto the
roadway.
(d)
Signs will be no larger than 24 inches wide by 40 inches high
and of A-frame construction.
(e)
Sandwich board signs require a permit issued by the Code Enforcement
officer.
(g)
All sandwich board signs must be wind resistant.
(6)
Lighting. No sign in a residential district may be illuminated.
(7)
Lighting angle. If exterior sign lighting is provided, it shall
be arranged to reflect away from the surrounding property and away
from public ways.
(8)
Lighting intensity. The intensity of the light source shall
not exceed that necessary to illuminate and make legible a sign from
the public ways. Signs constituting a traffic hazard are prohibited.
(9)
Maintenance. All signs and structures which support a sign shall
be adequately maintained. Maintenance of a conforming sign or a legally
nonconforming sign shall not be considered an erection or alteration
so long as a structural change is not made.
(10)
Attachments. No sign shall be attached to fences, streetlights,
utility poles or trees.
(11)
Pertinent advertising. Thirty business days after a sign no
longer advertises a bona fide business conducted, product sold or
activity being conducted, said sign shall be removed by the owner,
agent or person having the beneficial use of the building, structure
or lot upon which sign is found.
(12)
Uniform Building Code. All signs shall comply with the applicable
regulations of the State of New York Uniform Fire Prevention and Building
Code.
(13)
Utility lines clearance. No permit for any sign shall be issued
and no sign shall be constructed or maintained which has less horizontal
or vertical clearance from communication lines and energized electrical
power lines in that prescribed by the laws of the State of New York.
(14)
Public safety signage. Every principal building or structure
excepting those buildings identified under an addressing scheme as
part of a county wide 911 numbering system shall have Arabic numerals
(street identification numbers), at least four inches in height, permanently
attached to the building near the main entrance and clearly visible
from the public way. Where said principal building or structure is
located more than twice the minimum front setback required or where
street identification numbers attached to the building are not clearly
visible from the public way, then there shall be erected (within 10
feet of the property line and next to the site's access point) a post,
not exceeding five feet in height by six inches in width, which shall
contain the street identification number.
(15)
Public safety clearance. No sign shall be allowed to be attached
in any form, shape or manner to a fire escape or to any door or window
giving access to any fire escape.
(16)
Projecting signs. No sign shall be permitted to project into
any public right-of-way. No portion of any projecting sign shall be
less than 10 feet above grade level. There shall be no more than one
projecting sign for any building, unless the building has public entrances
to two or more public ways, in which case one projecting sign may
be erected for and toward each public way.
(17)
Awning signs. The use of awnings as signs may be permitted.
When awnings are used on adjacent businesses on the same structure
in an industrial park, a commercial plaza, a strip mall, an enclosed
commercial mall or any combination thereof, the awnings shall be uniform
in vertical dimensions and height above the ground, shall be of the
same color, material, and extension, and shall have display lettering
of the same size, style and color.
A.
Noncommercial speech signs: residential uses.
[Amended 12-14-2015 by L.L. No. 4-2015]
(1)
Noncommercial speech signs for residential, nonresidential,
noncommercial and nonindustrial uses may be allowed in any district
without a permit, subject to the following conditions:
(a)
Up to four temporary signs or posters advertising a candidate
or ballot may be displayed prior to the date of the election and shall
be removed no later than seven days after the election, unless such
sign continues to pertain to a pending election. The area of the sign
shall not exceed four square feet. Such signs shall not be attached
to any highway sign or utility pole and shall be located no less than
15 feet from the edge of the pavement.
[Amended 9-13-2021 by L.L. No. 5-2021]
(b)
Of the total number of signs, only one shall
be a window sign. No window sign window shall exceed 25% of the total
window opening, or one square foot, whichever is smaller.
(c)
A building mounted sign may not exceed one square
foot in total area. Any building mounted sign shall be located in
proximity to an exterior entrance.
(d)
A ground mounted sign, unless otherwise specified
herein, shall:
[1]
Be single-sided;
[2]
Not exceed eight square feet in sign copy area;
[3]
Not exceed five feet in height above grade;
[4]
Maintain a minimum ground clearance of three
feet;
[5]
Maintain a minimum front setback of 10 feet
from a property line; and
[6]
Not interfere with vehicle site distances either
from, along or to a public way.
B.
Noncommercial speech signs: nonresidential, noncommercial
and nonindustrial.
(1)
Noncommercial speech signs for nonresidential,
noncommercial and nonindustrial uses may be allowed in any district
without a permit, subject to the following conditions:
(a)
A sign may not exceed 20 square feet in area.
(b)
A freestanding sign must be located in the front
yard portion of a lot, may not be closer than 15 feet to any property
line and shall have a maximum height above grade level of six feet.
(c)
A building mounted sign must be located on the
first floor front facade front of the structure.
C.
Commercial speech signs: general.
(1)
All applications for a sign permit shall be
made, in writing, upon forms prescribed and provided by the Code Enforcement
Officer and shall contain the following information:
(a)
Name, address and telephone number of the applicant
and, where applicable, the owner of the land upon which the sign is
to be erected.
(b)
Location of building, structure or land to which
or upon which the sign is to be erected.
(c)
A detailed drawing or blue print to a scale
not exceeding one inch equals one foot showing the construction details
of the sign, the lettering and/or pictorial matter and the position
of lighting or other extraneous devices; and a location plan drawn
to scale not exceeding one inch equals 20 feet showing the position
of the sign on any buildings or structures, including building elevation,
any private or public street or highway.
(d)
The zoning district in which the sign is to
be placed and reference cited to the sign requirements as contained
in this chapter.
(e)
Identification of all other signs existing on
said land and whether those other signs are conforming or legally
nonconforming.
(f)
Written consent of the owner of the building,
structure or land to which or on which the sign is to be erected,
in the event that the applicant is not the owner thereof.
(g)
The applicant's signature attesting to the accuracy
of the application.
(2)
The Code Enforcement Officer's review of all
sign permits shall be based on the completed application form, any
accompanying photos, drawings and a site inspection.
(3)
The Code Enforcement Officer shall:
(a)
Review the design, size and location of the
proposed sign to determine whether the proposed sign is in violation
of any of the regulations or restrictions set forth in this chapter.
(b)
Grant or deny the application within 30 days of receipt of a complete application and file the decision in the office of the Town Clerk. A denial shall be accompanied with a brief statement of the reason for the denial (for appeals, see § 135-14B of this chapter).
(c)
Once an application has been approved, the Code Enforcement Officer shall issue a sign permit. Said permit shall be valid for a period of 120 days from date of issuance. Subject to Subsection C(3)(d) of this section, if a certificate of sign compliance is not issued within the one-hundred-twenty-day period for the sign permit, said sign permit shall expire.
(d)
Within seven business days of the placement
of the approved sign the applicant shall provide a photograph of the
sign to the Code Enforcement Officer. Upon presentation of the evidence
of erection of the sign in compliance with this chapter and a sign
permit, the Code Enforcement Officer shall issue a certificate of
sign compliance.
(e)
Should the Code Enforcement Officer, upon inspection, find the sign not in compliance with the sign permit, the applicant shall be so notified by certified mail within two business days of the inspection. The applicant shall have up to 30 business days from the date of the receipt of the certified notification letter to correct the cited deficiencies and to notify the Code Enforcement Officer of said change(s). In no event shall said additional thirty-day period extend the one-hundred-twenty-day validation period for the sign permit (for removal of signs, see § 135-105 below).
(f)
The Code Enforcement Officer shall maintain
a file on all commercial sign permits issued. The file shall contain
photos of all existing commercial speech signs and identify whether
a sign was erected with or without a permit, before or after the effective
date of these sign regulations. The file shall also identify the date(s)
that all nonconforming signs shall be relocated or removed or dates
when sign compliance certificates were issued. The Code Enforcement
Officer shall notify the owner of the property on which the sign is
located or the applicant on file of the date said sign is to be relocated
or removed.
D.
Sign location:
[Added 12-14-2015 by L.L.
No. 4-2015]
(1)
Signs shall not be placed on the roof of any structure or roof
surface of flat roofs or the deckline of mansard or above the roofs.
(2)
Three feet is the maximum distance the furthermost edge of a
sign (awning sign) shall project from the structure wall to which
it is attached.
(3)
Signs or awnings must be located greater than eight feet above
a pedestrian-way and shall not project over any adjacent property
line or into a vehicular public way.
(4)
Signs shall be located such that they do not prevent ingress
or egress from any door, window or fire escape or hinder a clear view
into and/or out of buildings.
(5)
Signs shall be located such that they do not interfere with,
obstruct the view of, or be confused with any authorized traffic "look,"
"danger," "drive slowly," "caution," "warning," "detour," or any similar
words or phrases which could interfere with proper and safe driving
procedures or confuse motorists.
(6)
The number of signs permitted shall be limited to one sign for
each frontage which is physically part of the occupied space.
[Amended 11-8-2021 by L.L. No. 6-2021]
A.
Residential uses.
(1)
Commercial speech signs are not permitted in any R-1-30 Residential
District.
(2)
The following standards shall guide the regulation of all signs
associated with permitted accessory uses or special permitted uses
in the AR-2 Agricultural Rural Residential District or the RR-1 Rural
Residential District:
(a)
No more than one commercial speech sign shall be erected on
a principal building. Said sign shall face a public way.
(b)
The total square footage for a building-mounted commercial speech
sign shall be the lesser of:
[1]
One square foot of area for each linear foot of building frontage,
plus 0.25 square foot of sign area for each foot said sign is set
back from the public way.
(c)
As an alternative to a building-mounted commercial speech sign
for accessory or special permitted uses, there may be erected one
two-sided ground sign on the premises. Said ground sign may contact
a maximum of 16 square feet and extend up to seven feet above ground
grade level. The support pole for said ground sign shall not be located
closer than 10 feet to a public way. Every ground sign shall be subject
to sign site plan approval by the Planning Board.
B.
Commercial and industrial uses.
(1)
The following standards shall guide the regulation of all signs
associated with projects located in any commercial or industrial district
when only one principal building, use or activity is proposed or exists
upon a single parcel of real property:
(a)
No more than one identification sign shall be erected on a building.
Said sign shall face a public way.
(c)
As an alternative to a building-mounted identification sign,
there may be erected one two-sided ground sign on the premises. Said
ground sign may contain a maximum total sign area of 64 square feet
and extend up to seven feet above grade level. The support pole for
said ground sign shall not be located nearer than five feet to a public
way. Every ground sign shall be subject to sign site plan approval
by the Planning Board.
(2)
The following standards shall guide the regulation of all commercial
or industrial speech signs associated with sites located in any commercial
or industrial district where more than one principal building, use
or activity is proposed or exists upon a single parcel of real property,
such as in the case of a shopping center, plaza, office complex or
other multiple commercial use facilities:
(a)
A single double-sided ground sign of up to 64 square feet in
area and not more than 12 feet in height with a minimum of three feet
above grade may be erected which identifies the name of the shopping
center, plaza, office complex, or other multiple commercial use facility
and may also identify each individual business.
(b)
A sign site plan shall be approved by the Town Planning Board.
(c)
Ground signs identifying individual businesses shall be prohibited.
(d)
Each individual business or use that has an exterior entrance
may have one building-mounted identification sign. Each sign shall
be uniform in design, style and location on the building. Each sign
shall not exceed the sum of one square foot of area for each linear
foot of store frontage; plus, 0.25 square foot of area for each foot
said sign is set back from the closest public way. Any tenant having
a second exterior entrance on more than one public way shall be allowed
a second building-mounted identification sign which shall be located
next to the second exterior entrance. The maximum size for the second
entrance sign shall not exceed eight square feet.
(e)
A multiple-use structure having one main entrance may have one
building-mounted sign located on the same elevation as the main entrance.
Such sign shall identify in a group all of the tenants. Such sign
shall not exceed 20 square feet in area.
(f)
The signs allowed in Subsection B(2)(d) and (e) above shall be placed on the side of the building facing the common parking area and shall be in proximity to the main entrance(s) to the building. In the event that a multiple-use structure does not have a common parking area, all building-mounted sign(s) shall be on the side of the building facing the public way and located next to the main entrance.
(g)
In addition, next to each building entrance one directory sign
may be permitted containing the name of each tenant in the building.
The building directory sign shall not exceed six square feet. Such
directory shall be compatible with the commercial sign(s) located
on said building.
(3)
Commercial and industrial uses when serviced by an internal
access road.
(a)
The following standards shall guide the regulation of all commercial
or industrial speech signs associated with sites located in any commercial
or industrial district that is serviced by an internal access road.
Said development may be identified by a freestanding directory sign
where the access road intersects with a public way. Such directory
signs shall be subject to the following criteria, and subject to review
and approval by the Planning Board.
(b)
Such signs shall be of a freestanding directory nature and contain
the name of the development site and/or the names and addresses of
the businesses located within the development site.
(c)
Individual signs shall be no larger than 10 square feet in size
and can be double-sided.
(d)
The total height of the sign shall not exceed 20 feet and shall
be three feet above grade.
(e)
Illumination of such signs shall only be from an external source,
dark-sky compliant, and shine downward on the signs. Light shall not
impact adjacent parcels.
(f)
The directory sign shall be located in a manner as not to obstruct
vision for ingress/egress, and set back the minimum distance out of
the right-of-way on each roadway, and 50 feet from a residential parcel.
(g)
Signs will be consistent in design of other directory signs
and in overall harmony with the community character of the Town.
Generally, every sign permit application that
involves a sign other than the first to be erected on a site shall
require a sign site plan to be approved by the Town of East Bloomfield
Planning Board. All applications for sign site plan approval are to
be submitted to the Code Enforcement Officer on forms provided. The
Code Enforcement Officer shall process all complete applications in
accordance with the following procedures:
A.
The Code Enforcement Officer shall refer the application
along with an application for sign site plan approval to the Town
of East Bloomfield Planning Board for its review and approval.
B.
All sign site plan approval applications to be heard
by the Planning Board are hereby classified as unlisted actions, under
Part 617 of the State Environmental Quality Review (SEQR) regulations.
All applications for sign site plan approval must be accompanied by
a completed short-form environmental assessment for unlisted actions.
C.
Upon a referral from the Code Enforcement Officer
of a complete application, the Planning Board shall, within 60 days
approve, modify or deny any application for a sign site plan. Any
modification or denial of a sign site plan shall be accompanied by
a brief statement of the reason for such modification or denial.
D.
The Planning Board may modify a sign site plan application,
provided that such modification does not result in the need for any
variances to these sign regulations. All sign site plan modifications
must directly relate to the statements of purpose and intent set forth
above in this chapter.
E.
The Planning Board's action on a sign site plan application
shall be the basis for the Code Enforcement Officer to approve or
deny a sign permit, which action is declared ministerial in nature.
F.
The Code Enforcement Officer may authorize a subsequent
modification to an approved sign site plan, provided that there is
no change to either the number of or total area of signs.
G.
If the sign authorized under any such permit has not
been completely erected within 120 days from the date of the issuance
of such permit, the permit shall become null and void, but may be
renewed for one additional sixty-day period upon the approval of the
Code Enforcement Officer and upon payment of an additional fee.
A.
Signs not permitted to use.
(1)
The owner of any sign that no longer serves
a purpose for which a permit was issued or is otherwise in violation
of the provisions hereof shall be notified, in writing, by the Code
Enforcement Officer to either:
B.
Signs causing immediate peril. The Code Enforcement
Officer may cause any sign which is a source of immediate peril to
persons or property to be removed summarily upon written notice to
that effect. Failure to comply within five days of such notice will
serve as an authorization to the Code Enforcement Officer to remove
or cause removal of such sign, with all costs and expenses charged
as provided for above.
A.
Specific signs prohibited. The following types of
signs are prohibited in all districts:
(1)
Posted advertisements. Posted advertisements
are not allowed in any residential district. In all other districts,
posted advertisements shall not be attached to trees, fences, utility
poles, telephone booths, street furniture, public transit shelters
or benches or automatic teller machines (ATM).
(2)
Moving signs. Signs which move or simulate motion
are prohibited. This shall include flashing, blinking, animated, rotation
signs or signs whose illumination or projected surface change with
time, but shall not include time and temperature signs.
(4)
Pertinent advertising. No commercial speech
sign shall be displayed unless such sign advertises a bona fide business
conducted in or on the premises.
(5)
Price signs. Signs, other than window signs,
specifying price, cost or value are not allowed, unless advertising
the price of gas at a gasoline station, as required by county law.
(6)
Product, trade names or logos. Product names,
trade names or logos are permitted as a part of a sign only when the
product name, trade name or logo is integral to the use of the premises.
No more than 10% of the area of such sign may be used to display the
brand names of any products or commodities actually sold on the premises.
(7)
Reflective surfaces. Reflective surfaces are
not allowed.
(8)
Rights-of-way. Unless otherwise specified herein,
no signs shall be permitted in any public right-of-way without permission
of the Town Board or other governmental agency having jurisdiction
over the public right-of-way.
(9)
Roof signs. No signs, banners, flags or other
like advertising devices shall be permitted on the roof of any building
or structure or be mounted so as to project above the eaves line.
(10)
Sandwich boards. A sandwich board sign is allowed, as provided in Subsections B(3)(a) and (b) of this section, on a daily basis to identify premises for sale or rent and bearing a legend such as "Open" or "Open for Inspection" and to identify a promotional sale event being conducted on the premises for a period not to exceed 14 consecutive days. No sandwich board signs will be allowed within or on any public way or left outside during nondaylight hours.
(11)
Statuary signs. Statuary signs are not permitted.
(13)
Traffic hazard. No permanent or temporary sign
shall be erected or placed at or near the intersection of any streets
in such a manner as to cause a traffic hazard at the intersection;
or at any location where, by reason of the position, shape, color
or illumination of the sign, it may interfere with, obstruct the view
of or be confused with any authorized traffic sign, signal or device
which makes use of the words "stop," "look," "drive-in," "danger,"
"go slow," "caution," "warning," "right," "left" or any other word,
phrase, symbol or character in such a manner as to interfere with,
mislead or confuse vehicle operators.
B.
Signs not requiring a permit. The following types
of signs are permitted in all districts and shall neither require
a permit but shall otherwise be subject to the provisions of this
chapter:
(1)
Noncommercial speech signs.
(2)
Credit card signs. Credit card advertisements
or trade association emblems, which are displayed together and the
area of which does not exceed one square foot, may be displayed. Such
signs shall be displayed flat on window or door surfaces. The purpose
of these signs is to offer a service and not to advertise the business.
(3)
Sale, lease or open for inspection signs.
(a)
Signs advertising the sale, lease or rental
of the premises upon which the sign is located, which sign shall not
exceed six square feet in area. One such sign shall be permitted per
premises. Where such sign(s) are associated with a townhouse or condominium
unit, the sign placement shall be set back at least 10 feet from the
right-of-way line directly in front of the unit.
(b)
The following signs may be placed on a Saturday
and Sunday:
[Amended 12-14-2015 by L.L. No. 4-2015]
[1]
One sign, not exceeding six square feet, bearing
a legend such as "Open" or "Open for Inspection," on a premises being
advertised for sale.
[2]
Two signs, not exceeding six square feet, bearing
a legend such as "Open" or "Open for Inspection," at locations other
than the premises being advertised for sale.
(c)
Such signs may be located within the right-of-way,
provided that they are placed so as not to interfere with sight distances.
Each sign shall not be more than three feet in height. If of a sandwich
board design, each sign must have at least two inches of ground clearance.
If of a pole mounted design, each sign must have at least one foot
of ground clearance.
(4)
Vehicular signs. Commercial speech signs are
allowed only on licensed/registered motor vehicles used in conjunction
with a business, provided that the primary purpose of such sign copy
is not to direct the traveling public's attention to the business
location.
C.
Exemptions. The following Subsections describe types of signs which
shall be exempt from the permit process, providing such signs comply
with the general requirements of this article and other conditions
imposed by these regulations. Where uncertainty exists, the Code Enforcement
Office shall be consulted prior to proceeding.
[Added 12-14-2015 by L.L.
No. 4-2015]
(1)
Historical markers, tablets and statues, memorial sign and plaques;
names of buildings and dates or erection when cut into any masonry
surface or when constructed of bronze, stainless steel, or similar
material; and emblems installed by governmental agencies, religious
or nonprofit organizations; not exceeding six square feet.
(2)
A single flag or insignia of any government, except when displayed
in connection with any commercial promotion.
(3)
On-premises directional signs for the health, safety and welfare
of the general public, not exceeding four square feet per face.
(4)
Nonilluminated "warning," "private drive" or "no trespassing"
signs, not exceeding two square feet per face and six feet in height
above the ground.
(5)
Legal notices, identification, informational or directional
signs erected or required by governmental agencies.
(6)
Number and nameplates identifying residents and addresses, mounted
on the house, apartment or mailbox, not exceeding two square feet
in area.
(7)
Lawn signs or lamppost signs identifying residents or addresses,
not exceeding two square feet.
(8)
Private owner merchandise sale signs for garage sales and auctions,
not exceeding four square feet. Signs shall be erected no sooner than
72 hours prior to the sale and removed within 24 hours after such
sale. In no case shall the total sale period exceed 10 days.
(9)
Signs at gasoline stations which are integral graphics or attached
price signs on pumps and other signs as mandated by regulatory agencies.
(10)
Credit card advertisements or trade association emblems shall
be displayed together in an area which does not exceed one square
foot. Such signs shall be displayed flat on window or door surfaces.
The purpose of these signs shall be solely to offer a service and
not to advertise the business.
(11)
One sign listing the architect, engineer, contractor, lending
institution, and/or owner on premises where construction, renovation,
or repair is in progress. The area of the sign shall not exceed six
square feet in residential districts or 16 square feet in the business
districts. The height of the sign shall not exceed six feet.
(12)
Nonilluminated window signs and posters not exceeding 25% of
the window.
(13)
Temporary directional signs for meetings, conventions, and other
assemblies. Such signs shall be removed within 24 hours following
the function.
(14)
Temporary signs advertising a special community event located
in the Town may be displayed no more than 30 days prior to the beginning
of the event and shall be removed within three days following the
event. The area of the sign shall not exceed 16 square feet. The height
of the sign shall not exceed six feet.
(15)
Temporary real estate signs.
(a)
Improved premises. One temporary real estate sign advertising
the sale, lease or rental of improved premises upon which the sign
is located shall be allowed for each frontage. The area of the sign
shall not exceed six square feet. The height of the sign shall not
exceed six feet. The sign may have printing on both sides and shall
be allowed on a premises offered for rent, sale or lease.
(b)
Unimproved land. One temporary real estate sign advertising
the sale, lease or rental or unimproved land upon which the sign is
located shall be allowed for each frontage, the area of the sign shall
not exceed 16 square feet. The height of the sign shall not exceed
six feet. The sign shall be removed within 30 days following the sale,
lease or rental of the unimproved land.
(c)
Open-for-inspection signs.
[1]
One temporary freestanding open-for-inspection
sign shall be permitted only during those hours when such property
is actually available for public inspection and only if located upon
the premises.
[2]
Additional temporary freestanding open-for-inspection
signs shall be permitted at the intersections of those streets leading
to the property only during those hours in which the property is actually
available for inspection. Such signs shall not be attached to any
highway sign or utility pole.
The following standards shall guide the regulation
of all window signs located in any commercial or industrial district:
A.
Window signs shall cover no more than 25% of the total
window area. In addition, window signs shall not exceed five square
feet per window space.
B.
Each tenant may have two window signs. In no event,
however, shall a window sign be permitted where there is a building
mounted identification sign.
C.
A window space is considered to be the total area
of any single window pane or series of window panes with a width of
12 inches or less separated by mullions.
A.
Enforcement and penalties.
(1)
It shall be the duty of the Code Enforcement
Officer or his delegate to administer and enforce the provisions of
this article.
(2)
When violations occur under this article, the
Code Enforcement Officer shall cause notice to be given to the owner
or occupant of the premises on which the sign is located or to the
agent of either or person receiving the benefits from the offending
sign. Said notice may be given by certified mail, return receipt requested,
or by issuance and service of a notice of violation. If any of said
persons fails to abate said violation within five days after such
notice has been personally served upon them or with 10 days after
such notice has been sent to said person by certified mail at their
home or business address, said person shall be subject to a civil
penalty of $250 for each and every day that said violation continues,
recoverable by suit brought by the Code Enforcement Officer in the
name of the Town and to be retained by the town.
(3)
The Code Enforcement Officer or authorized representative
may serve a written stop-work order upon the applicant or other person
who commits or assists in any such violation requiring the correction
of any violation of this article.
(4)
The Code Enforcement Officer, on behalf of the
town, may maintain an action for an injunction to enjoin violations
of these regulations.
(5)
A permit issued pursuant to this chapter may
be revoked by the Code Enforcement Officer if it appears that the
sign erected pursuant to the permit no longer conforms to the provisions
of these regulations.
(6)
The remedies provided herein shall be cumulative
and shall be in addition to any other remedies provided by law.
All signs in the Town of East Bloomfield shall
be properly maintained at all times. The Code Enforcement Officer
shall have the authority to order the painting, repair or removal
of a sign and accompanying landscaping which constitutes a hazard
to safety, health or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment. Notification shall be by
certified mail. If the maintenance notice is not complied with within
15 days, it shall become an order to abate the sign or perform the
maintenance or repair specified therein.
