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.
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]
I. Signs permitted pursuant to this section do not require any permit except for those permitted under Subsections
C and
E hereof.
[Amended 1-22-2013 by L.L. No. 1-2013]
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]
(1) Maximum
height of 18 feet.
(2) Maximum
sign area no larger than 40 square feet.
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.
(2) A special use permit may be granted only where the applicant can demonstrate that the sign or signs are necessary for the purposes herein specified and that such purpose cannot be accomplished under the provisions of §
190-22C.
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.
C. Issuance of permit.
(1) Upon application approval, the Building Inspector
and/or Fire Marshal shall issue a sign permit.
(2) For multiple developments, Planning Board approval
of the coordinated signage plan must be obtained prior to the issuance
of any permits.
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.