[Amended 4-19-1982; 3-16-1987; 3-1-1999 by L.L. No. 1-1999]
No sign of any character shall be permitted
in any zoning district of the Town of Gates except in conformity with
the regulations of this article.
The purpose of the sign regulations, controls
and provisions set forth in this article is to promote an overall
plan and program for the public safety, preservation of property values
and the general welfare of the Town of Gates. It is intended to aid
in traffic safety, preserve and protect property values, lessen congestion
of land and air space, establish standards for commercial and other
advertising through the use of signs compatible with the nature and
scale of the community and maintain and encourage business activity
and development. It is further intended here 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 to recognize that the general welfare
includes a plan that will preserve the scenic and natural beauty of
the community while recognizing the purpose and value of outdoor business
signage.
A.
All signs shall comply with applicable regulations
of the Building Code regarding construction, erection and electrical
needs. No sign shall be erected or placed on a site until a sign permit
has been issued by the Building Inspector unless otherwise indicated
herein.
B.
The following signs shall be permitted in any district
in which the use identified is permitted without the issuance of a
permit:
(1)
Except as elsewhere provided for herein, signs not
exceeding one square foot in area and bearing property numbers, post
box numbers, names of occupants of premises or other identification
of premises.
(2)
Signs regulating the use of a property, such as "no
hunting," "no fishing," etc., of no more than two square feet, in
all zones.
(3)
Signs directing and guiding traffic for service and
parking on private property, not to exceed three square feet in area
and a height of not more than 60 inches measured from ground level
to the top of the sign. Not more than two such signs shall be permitted
at a driveway entrance.
[Amended 3-4-2002 by L.L. No. 1-2002]
(4)
A nonilluminated temporary sign, not exceeding 20
square feet in area, announcing special public or institutional events,
the erection of a building, the architect, the builder or contractors
may be erected for a period of 60 days, plus the construction period.
(5)
A nonilluminated sign, not exceeding 25 square feet
in area and not exceeding five feet in height, for each church, neighborhood
community center or educational institution. Setback of sign shall
be in accordance with the future right-of-way in its zoning district.
[Amended 3-4-2002 by L.L. No. 1-2002; 7-10-2023 by L.L. No. 4-2023]
(6)
Official signs, notices or direction devices erected
or maintained by federal, state, county or local government or agency
thereof.
C.
All illuminated and electronic message signs shall
employ only a maximum light density of 3 000 lumens within its casing
(plastic or glass covering). In no event shall an illuminated sign
or lighting device, such as a ground spotlight, be placed or directed
so as to permit the beams and illumination therefrom to be directed
or beamed upon a street, highway, sidewalk or adjacent premises so
as to cause glare or reflection that may constitute a traffic hazard
or create a public nuisance.
[Amended 1-22-2013 by L.L. No. 1-2013; 7-10-2023 by L.L. No. 4-2023]
(1)
Illuminated
signs. Illuminated signs are defined as standard signs with static
messages which are illuminated by internal or external light. All
illuminated signs shall employ only a light of constant intensity,
and no sign shall be illuminated by or contain a flashing, intermittent,
rotating or moving light or lights. In no event shall an illuminated
sign or lighting device, such as a ground spotlight, be placed or
directed so as to permit the beams and illumination therefrom to be
directed or beamed upon a street, highway, sidewalk or adjacent premises
so as to cause glare or reflection that may constitute a traffic hazard
or create a public nuisance.
(2)
Electronic
message display signs. Electronic message display signs shall be defined
as signs which use LED or other similar technologies to allow the
message to be changeable in addition to being illuminated. Electronic
message display signs, where permitted, shall employ static display
only (or static display with fade or dissolve transitions or similar
subtle transitions and frame effects that do not have the appearance
of moving texts or images).
(3)
Electronic
message display signs shall be 100 feet from a roadway intersection.
D.
No sign shall be animated, rotating, flashing or extended
above the uppermost roof line of a building or project beyond property
lines.
[Amended 1-22-2013 by L.L. No. 1-2013]
E.
No sign shall contain information regarding a business,
product or service not conducted at or available from the premises
at which the sign is located; provided, however, that nothing herein
shall be construed as limiting an owner of a sign from displaying
upon said sign any noncommercial message not related to any business
or commercial enterprise, whether or not said noncommercial message
bears any relationship to any business, product or service conducted
or available at the premises.
F.
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.
G.
Where signs are permitted to be illuminated, they
shall be illuminated only at such times as said uses are open for
business or shall be turned off by 11:00 p.m., except where the signs
face business or industrial zones and cannot be seen from adjacent
residential areas.
H.
All permitted freestanding signs shall be set back
a minimum of 15 feet from a lot line as shown on the Official Assessment
Map or, alternatively, from the future right-of-way line of a road,
if such future right-of-way line has been determined.
I.
"Size of sign" shall refer to the background area
of any face of a sign that can be seen at any one time and shall include
any spaces between parts thereof.
J.
All signs shall have no restrictions on colors. A
color illustration of the sign shall be presented to the appropriate
Town authority for review to determine its readability before approval.
The sign and background should contrast well with one another and
not cause a significant or detrimental glare to the traveling public
or the adjacent properties.
[Amended 1-22-2013 by L.L. No. 1-2013; 5-6-2019 by L.L. No. 1-2019]
K.
No sign or signs erected or maintained in the window
of a building or seen through such window, visible from any public
or private street or highway, shall occupy more than 30% of the window
surface. Nonmoving LED or neon light strips are considered as signage
to be included in this calculation.
[Amended 7-10-2023 by L.L. No. 4-2023]
L.
Any obsolete sign which no longer identifies a bona
fide use shall be removed within 90 days after notice by the Code
Enforcement Officer. The Town may remove said signs and supporting
structure with costs assessed to the Town tax bill on the property
in the event that such sign is not voluntarily removed.
M.
No sign shall be installed, erected or attached in
any form, shape or manner to a fire escape or any door or window giving
access to any fire escape.
N.
The provisions of this section shall not apply to
safety, directional, historical markers or other types of signs erected
and maintained by a public agency.
O.
In addition to other provisions of this section, the
following regulations shall apply to all projecting signs:
(1)
No projecting sign shall be closer than two feet to
the face of the street curb or curbline or any other public right-of-way
line under the jurisdiction of the Town, county, state or federal
government.
(2)
No portion of any projecting sign shall be less than
10 feet above grade level.
(3)
There shall be no more than one projecting sign for
any premises, unless the use has frontage or has public entrances
to two or more public ways, in which case one projecting sign may
be erected for and toward each public way.
P.
In addition to other provisions of this section, the
following regulation shall apply to all wall signs:
(1)
No wall sign shall extend beyond the extremities of
the wall to which it is attached.
Q.
Should any sign be or become unsafe, unsightly, damaged
or deteriorated or be in danger of falling, the owner thereof or the
person maintaining the same shall, upon receipt of written notice
from the authorized official, proceed at once to put such sign in
safe and secure condition or renovate or remove the sign; provided,
however, that if such a situation is not corrected within 90 days
from receipt of written notice, the Code Enforcement Officer shall
correct the situation or have it corrected, with the costs assessed
to the Town tax bill on the property.
R.
Political signs,
i.e., announcing or supporting candidates or issues connected with
any national, state or local election, referendum or ballot proposition,
may be erected 45 days prior to the election day and must be removed
no later than seven days after the election day. Such signs, whether
ground signs or portable (including trailers), shall not be attached
to fences, trees or utility poles, nor be placed so as to obstruct
or impair the vision of motorists. Signs larger than 16 square feet
require a permit.
[Amended 7-10-2023 by L.L. No. 4-2023]
S.
Any advertising sign, business sign, identification
sign or other sign authorized in this article may contain a noncommercial
message constituting a form of expression in lieu of other copy.
T.
No sign may be erected on any premises without the
permission of the owner of the premises. With respect to the highway
rights-of-way of the United States, State of New York, County of Monroe
and the Town of Gates, such permission must be in writing. The Town
of Gates may direct and/or cause the removal of any sign erected in
violation of this subsection.
[Added 3-4-2002 by L.L. No. 1-2002]
U.
Temporary signs.
[Added 1-22-2013 by L.L. No. 1-2013]
(1)
Mobiles, pennants and flags. Such devices may be used as signs on a temporary basis for the purpose of advertising and may be allowed for a period of up to six months after receipt of a permit allowing same and payment of fee set by the Town Board. The Town Board may allow special event banners as determined by the Town Board resolution. State and national flags (specifically the American flag) are exempt from this Subsection U.U.
[Amended 7-10-2023 by L.L. No. 4-2023]
(2)
Sandwich
board signs. "Sandwich boards" (meaning A-frame two-sided signs) shall
be allowed on a daily basis during business hours from business setup
to closing and must be removed upon closing of said business. Each
side of a sandwich board sign shall be no greater than nine square
feet. Such signs must be on the business property and set up as not
to impede traffic, and only one will be allowed per business location.
In addition to other provisions of this article,
the following regulations shall apply to all residential districts:
A.
Nonilluminated signs not exceeding five square feet
in sign area, which advertise the sale, rental or lease of the premises
upon which said signs are located, shall be permitted. "Sold" signs
shall be removed within 10 days after the premises advertised has
been sold, rented or leased.
C.
Illuminated signs and electronic message display signs
are prohibited, except for signs indicating churches, private schools
and signs necessary for public safety. Setback shall be in accordance
with the future right-of-way in its zoning district. Signs shall be
no larger than 16 square feet. Brightness of signs shall be no more
than 3,000 lumens within its casing (plastic or glass covering).
[Amended 1-22-2013 by L.L. No. 1-2013; 7-10-2023 by L.L. No. 4-2023]
D.
Wall signs no larger than 12 square feet, denoting
the name of an apartment building, fraternity or sorority house, boarding-
or rooming house, tourist home, nonprofit club, community or municipal
center or any other similar enterprises, are allowed or may hereafter
be allowed in these districts.
E.
A permanent nonilluminated sign not exceeding 32 square
feet shall be permitted for each subdivision site if less than five
acres. Two such signs are permitted on five-acre sites or larger sites
in single ownership fronting on two or more streets. Such signs may
be installed after approval by the Planning Board of the final subdivision
plat or a valid building permit has been issued, and shall contain
only the name of the subdivision.
F.
Also permitted is a temporary nonilluminated sign
no larger than 15 square feet in area, advertising the sale of edible
farm products produced on the premises and associated with a roadside
stand or advertising auctions and special events of charitable or
public service groups, excluding garage sales.
G.
One nonilluminated sign denoting the contractor, placed
on the premises where construction, repair or renovation is in progress,
which sign shall not exceed 32 square feet in face area, shall be
permitted. This sign must be removed from the premises within seven
days after such construction, repair or renovation is completed.
[Amended 7-10-2023 by L.L. No. 4-2023]
H.
Nonilluminated signs of a public or noncommercial
nature displayed for the direction, safety or convenience of the public
or containing any noncommercial or public interest message shall be
permitted, provided that the area of any one side of any such sign
shall not exceed two square feet. The total number of such signs shall
not be more than two per property, and the top of the sign shall be
no more than 42 inches above the ground.
[Amended 5-3-2021 by L.L. No. 11-2021]
In addition to other provisions of this article,
the following regulations shall apply to all business districts:
A.
Property address numbers shall be not more than four
square feet, with not more than a one-foot height, and should be prominently
placed on the face of each structure in such a manner and made of
such material that would easily facilitate the recognition of addresses
from structure to structure from a moving vehicle.
B.
In Neighborhood Business (NB) and Business, Nonretail (BN-R) Districts, one wall sign shall be permitted, and in General Business (GB) District, one wall sign per tenant shall be permitted, placed flat against the building, not exceeding the sizes as listed on the table following this Subsection B and with a height not greater than six feet. One such sign shall be permitted for each street on which the business fronts. Such sign may be illuminated. In the event that the front of the business does not face a street, any building-mounted sign which is erected shall comply with the regulations contained in Subsection C hereunder. Electronic message display wall sign may be permitted in a General Business (GB) District upon the approval of a conditional use permit granted by the Town Board.
[Amended 1-22-2013 by L.L. No. 1-2013; 7-10-2023 by L.L. No. 4-2023]
|
Size of Building-Mounted Signs in Nonresidential Districts
| ||
|---|---|---|
|
Front Setback of Building
(feet)
|
Maximum Size of Sign for Each Ten Feet of Business Frontage
(square feet)
|
Not to Exceed
(square feet)
|
|
100 or less
|
10
|
50
|
|
101 to 200
|
15
|
125
|
|
201 to 300
|
20
|
200
|
|
301 to 400
|
25
|
275
|
|
More than 400
|
30
|
350
|
C.
On those sides of a building not facing the street
but where customer entrances are provided, signs placed flat against
the building shall be limited in size to a maximum area of 15 feet.
Such signs shall not be illuminated when facing a residential area.
D.
One freestanding sign identifying a shopping center shall be permitted. Such freestanding sign may be or include a sign directory identifying individual businesses within the shopping center. It may be illuminated and shall be no larger than is provided in this article. The road to which the uses have principal access or have address on shall be the road used to determine the size in § 190-26.
E.
Nonilluminated signs not exceeding 20 square feet
are permitted in all business districts, which signs advertise the
sale, rental or lease of the premises upon which said signs are located.
Such signs shall be removed within 10 days after the premises advertised
has been sold, rented or leased.
F.
One projecting sign not exceeding 60 square feet in
background area shall be permitted. Where this sign is provided along
with a wall sign, their total area shall not exceed 150 square feet,
provided that neither sign shall inhibit the view of the other. Only
one such projecting sign is permitted regardless of the number of
streets the business fronts on.
[Amended 7-10-2023 by L.L. No. 4-2023]
G.
One freestanding sign identifying a gasoline service station shall
be permitted in cases where there are three or more distinct uses
operating on the same premises. The dimensions of such service station
freestanding signs shall be as follows:
[Added 1-22-2013 by L.L. No. 1-2013]
In addition to other provisions of this article,
the following regulations shall apply to all industrial districts:
B.
Signs, in addition to those included in Subsection A above, which identify an area within the boundaries of the business premises, other than the principal building on such premises, or are directional signs shall be permitted by a special use permit from the Zoning Board of Appeals.
(1)
Such signs shall not exceed a cumulative total of
50 square feet in area, and no one sign shall be greater than nine
square feet in area and have a height of more than five feet from
ground level to the top of the sign.
C.
Industrial parks.
(1)
In the case of industrial areas which are planned
and developed as a park containing three or more companies or where
an individual use outside an industrial park contains between 150
and 200 contiguous acres and various buildings or facilities on site,
one freestanding sign shall be permitted and may be illuminated and
shall be no larger than is provided for in this article. Two such
signs are permitted on larger sites fronting on two or more streets;
said second sign shall be at least 2,500 feet from the other sign.
Such freestanding sign may be or include a sign directory identifying
individual businesses within the industrial park.
(2)
Directional, warning or information signs within an industrial complex as described in Subsection C(1) above which are not visible from a public highway are permitted but shall not exceed 25 square feet in area and shall not exceed six feet in height for each sign.
[Amended 3-4-2002 by L.L. No. 1-2002]
D.
Nonilluminated signs not exceeding 20 square feet
shall be permitted in all industrial districts, which signs advertise
the sale, rental or lease of the premises upon which said signs are
located. Such signs shall be removed within 10 days after the premises
advertised has been sold, rented or leased.
The site of each face of a freestanding sign
and its height, as permitted in this article, shall be limited to
the dimensions as follows:
A.
In General Business (GB) and Industrial Districts.
[Amended 5-6-2019 by L.L.
No. 1-2019; 7-10-2023 by L.L. No. 4-2023]
|
Fronting Road Number of Lanes
|
Speed
(mph)
|
Commerce or Industry Site Surrounded by
|
Site Surrounded by Institutions, Residence
or Rural Areas
| ||
|---|---|---|---|---|---|
|
Area
|
Height
(feet)
|
Area
|
Height
(feet)
| ||
|
2
|
30 to 40
|
32
|
16
|
20
|
12
|
|
45 to 50
|
50
|
20
|
35
|
14
| |
|
55 or greater
|
100
|
24
|
70
|
16
| |
|
4
|
30 to 40
|
40
|
18
|
30
|
14
|
|
45 to 50
|
90
|
22
|
65
|
16
| |
|
55 or greater
|
150
|
26
|
105
|
18
| |
|
6
|
30 to 40
|
40
|
20
|
30
|
16
|
|
45 to 50
|
100
|
24
|
70
|
18
| |
|
55 or greater
|
190
|
28
|
135
|
20
| |
B.
Permit process for electronic message display signage.
[Added 1-22-2013 by L.L. No. 1-2013; amended 5-3-2021 by L.L. No. 11-2021]
(1)
Electronic
message displays may be permitted with approval of a conditional use
permit issued by the Town Board in General Business (GB) District
and Industrial Districts, subject to the following requirements:
[Amended 7-10-2023 by L.L. No. 4-2023]
(a)
Such displays shall contain static messages only of no more than
3,000 lumens only within its casing (plastic or glass covering) and
shall not have movement or the appearance or optical illusion of movement
of any part of the sign structure designed or pictorial segment of
the sign, including the movement or appearance of movement of any
illumination of flashing, scintillating or varying of light intensity.
(b)
Each message on the sign must be displayed for a minimum of 60 seconds.
(c)
Message change sequence: a minimum of two seconds of time with no
message display shall be provided between each message displayed on
the sign.
C.
Freestanding
signs and electronic message display signs are not permitted in the
Neighborhood Business (NB) and Business, Nonretail (BN-R) Districts.
[Added 7-10-2023 by L.L. No. 4-2023]
[Amended 7-5-2000 by L.L. No. 2-2000; 3-4-2002 by L.L. No. 1-2002; 1-22-2013 by L.L. No. 1-2013]
A.
Application. Application for a sign permit shall be
made to the Building Inspector and/or Fire Marshal upon prescribed
forms and shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of building, structure or land to which,
or upon which, the sign is to be erected.
(3)
Scale drawings, including dimensions, showing lettering
and/or pictorial content of the sign; construction details; position
of lighting or other extraneous devices; a location plan showing the
position of the sign on any building and its position in relation
to nearby buildings, structures or existing signs, and to any private
or public street or highway.
(4)
For multiple developments, a coordinated signage plan
must be submitted to the Planning Board, in addition to the application
procedure.
B.
Review.
(1)
Within 30 days after the application for a sign permit
is submitted the Building Inspector and/or Fire Marshal shall review
said application and either approve or deny said permit.
(2)
In the event that the proposed sign complies with
all of the relevant provisions of this chapter, the Building Inspector
and/or Fire Marshal shall approve the application.
(3)
In the event that the proposed sign does not comply
with said provisions, the Building Inspector and/or Fire Marshal shall
deny the application and direct the applicant to submit an application
for a variance to the Gates Zoning Board.
(4)
For multiple developments, the Planning Board shall
also review coordinated signage plans and approve the locations, size
and number of signs permitted in such developments.
(5)
In the event that the Building Inspector and/or Fire
Marshal or the Planning Board has not made a determination within
45 days after the completed application is submitted, the application
shall be deemed denied and the applicant shall be entitled to appeal
the said denial to the Zoning Board of Appeals.
A.
Appeals. Any person aggrieved by any decision of the
Code Enforcement Officer or the Planning Board relative to the provisions
of this chapter may appeal such decision to the Zoning Board of Appeals.
[Amended 3-4-2002 by L.L. No. 1-2002]
B.
Fees. Sign permit fees shall be determined by the
Town Board. All annual renewal fees shall be collected by the Code
Enforcement Officer, the amount of such fees to be determined by the
Town Board.
C.
Penalties for offenses. Any person who violates any
provision of this chapter is guilty of an offense punishable by a
fine not exceeding $250 and/or imprisonment for a period not to exceed
15 days, or both. Each week's continued violation shall constitute
a separate violation.
D.
Enforcement. The Code Enforcement Officer shall be
empowered to enforce this chapter.
This chapter will take effect pursuant to the
applicable provisions of the Town Law of the State of New York. However,
to the extent that the provisions of the former Town of Gates Sign
Ordinance are the same as those contained in the revised Town Sign
Law, said provisions of the former Sign Ordinance shall be, in effect,
continued and be in full force and effect as of the adopting of said
former Sign Ordinance.
