A.
Purpose. The purpose of these regulations is to facilitate efficient
identification of, as well safe travel to and from, all types of uses
and structures through the use of signage. This article is further
intended to distinguish between commercial speech and noncommercial
speech and make adequate provisions for both within established limits
in order to promote and protect the public health, safety and welfare.
B.
Intent. It is intended, by the provisions of this chapter, to accomplish
the following:
(1)
Protect and enhance Town appearance.
(2)
Encourage commercial speech signs and graphics to be designed so
as to be functional without compromising the aesthetic appearance
of the surrounding neighborhoods.
(3)
Reduce the frequency and magnitude of hazards to motorists and pedestrians
caused by sign distractions.
(4)
Preserve and create more attractive business and residential environments.
(5)
Conserve the value of buildings and properties and preserve existing
neighborhood character.
(6)
Distinguish, based upon a sign's purpose, commercial speech signs
from noncommercial speech signs and regulate each type distinctly
so as to further the stated purposes of these provisions without violating
rights concerning speech which are guaranteed by law within the United
States and the State of New York.
(7)
Mitigate so far as possible the visual impact associated with numerous
signs, unnecessarily large signs and unnecessarily complex signs and
limit the reduction in effectiveness of existing signs which results
from increased sign density, size and complexity by distinguishing
between and regulating distinctly the following three types of commercial
speech signs:
(a)
Signs which identify only the name, address and/or location
of a business or enterprise and which are erected on the same parcel
as the business or enterprise;
(b)
Signs which advertise or announce the price or nature of specific
products or services which are available at the site upon which the
sign is located; and
(c)
Signs which advertise or announce the availability of products
or services at a site remote from the sign.
(8)
Promote street identification signs for public and emergency vehicle
identification.
A.
Signs classification by purpose. All signs within the Town of Canandaigua
shall hereafter be classified as either commercial speech or noncommercial
speech signs based upon their purpose.
B.
Conformance required. No sign, whether commercial speech or noncommercial
speech, shall be permitted in the Town of Canandaigua except in conformity
with the provisions of this chapter.
C.
Continuance of nonconforming signs.
(1)
Lawfully erected single on-site nonconforming signs. With the exception of off-site signs prohibited herein by § 220-87D and with the exception of any sign found to be a traffic hazard by virtue of an inadequate setback from a public right-of-way, upon any parcel, a single building-mounted sign and a single ground sign, each of which has been lawfully erected and each of which was first made nonconforming by Local Law No. 4 of 1989 or was first made nonconforming by subsequent amendments to the Town Zoning Law and which continue to be nonconforming under the Town Zoning Law shall be allowed to continue until January 22, 2000. After that date, any such nonconforming sign(s) shall be considered to be in violation of the Town Zoning Law and subject to removal pursuant to § 220-90 herein.
(2)
Lawfully erected off-site signs and lawfully erected multiple on-site nonconforming signs. The following nonconforming signs shall only be allowed to continue for the period defined in Subsection C(4). The effective date of that amortization period shall be the date of receipt of initial notification of the nonconforming sign by the property owner. At the termination of that amortization period, said signs shall be considered to be in violation of the Town Zoning Law and subject to removal pursuant to § 220-90 herein:
(a)
Off-site signs. Any lawfully erected sign prohibited herein by § 220-87D which was first made nonconforming by Local Law No. 4 of 1989 and which continues to be nonconforming under the Town Zoning Law; and
(b)
Multiple on-site signs. Any lawfully erected on-site sign which was first made nonconforming by Local Law No. 4 of 1989 and which continues to be nonconforming under the Town Zoning Law and which has not been designated as either the single building-mounted sign or the single ground sign accorded an extended time to continue pursuant to Subsection C(1) above.
(3)
Nonconforming signs not lawfully erected. Any sign made nonconforming
by this or any prior local law which was not lawfully erected shall
be considered to be in violation of this chapter and subject to removal
pursuant to § 220-90 herein.
(4)
Alteration of nonconforming signs. Except for maintenance required
to keep a sign in good repair, nonconforming signs shall not be altered,
rebuilt, enlarged, extended or relocated, unless such action changes
a nonconforming sign into a conforming sign.
(5)
Amortization schedule for the removal of off-site signs.
|
Fair Market Value on Date of Notice of Removal Requirement
|
Years Allowed
|
|---|---|
|
Under $1,999
|
3
|
|
$2,000 to $3,999
|
4
|
|
$4,000 to $5,999
|
6
|
|
$6,000 to $7,999
|
7
|
|
$8,000 to $9,999
|
9
|
|
$10,000 and over
|
10
|
D.
Exempt signs.
(1)
Governmental signs. The regulations specified herein shall not apply
to any sign or directional device erected by any governmental agency
to serve a governmental purpose, any identification sign indicating
the location of underground utility lines, any posted or preserve
signs erected pursuant to the Environmental Conservation Law of the
State of New York or any other sign required to be erected by laws
of the United States or the State of New York.
(2)
Civic and community service signs. The regulations specified herein
shall not apply to any sign found by the Canandaigua Town Board to
be necessary to a civic or community service or otherwise necessary
to serve the public interest, provided the findings of such board
describe the nature, including size, location, design, illumination
and duration of any such sign found to be necessary.
E.
Digital signs.
[Added 10-18-2021 by L.L.
No. 11-2021]
(1)
Digital signs: An off-site sign or billboard that utilizes digital
or light-emitting diodes (LEDs) or similar electronic methods to create
a changeable image display area.
(2)
Electronically changing message signs: A sign or portion thereof
designed to accommodate and display electronic messages and that can
be changed or rearranged electronically without any physical alteration
of the face or surface of the sign.
(3)
Digital or electronic signs: Digital signs and electronic changing
message signs shall collectively be identified and defined under the
Code as "digital or electronic signs."
(4)
Digital or electronic signs shall be permitted under the following conditions: Digital or electronic signs are authorized as off-site signs under the Code. Any proposed new digital or electronic signs may only be sited and erected as replacements for preexisting off-site signs that are not digital or electronic signs. Any off-site sign to be replaced by a digital or electronic sign must have previously been lawfully erected but is no longer authorized due to the enactment of § 220-87D of the Code (and such off-site sign must have first been made nonconforming by Local Law No. 4 of 1989). In addition, any proposed digital or electronic signs shall be subject to the following requirements [and be referred to for purposes of this Subsection E(4)(a) to (j) as a "sign"]:
(a)
Maximum brightness. Maximum brightness shall not exceed 5,000
cd/m2 in daylight and 280 cd/m2 at night (one hour after sunset to
one hour before sunrise).
(b)
Automatic dimmer. The sign shall be equipped with both a dimmer
control and a photocell, which will automatically adjust the display
intensity according to natural ambient light conditions and not exceed
maximum brightness.
(c)
Dwell time. The message/image change interval shall be a minimum
of eight seconds.
(d)
Static image. The displayed image shall remain static during
the eight-second interval.
(e)
No moving images. There shall be no visual special effects of
any kind during a message or during the transition between successive
messages.
(f)
Transitions. The sign shall transition from one message to the
next, with no perceptible dimming or blanking of the display, and
with no visible effects such as fade, dissolve, animation, flashing
or moving lights.
(g)
Transition time. The time interval used to change from one complete
message, image or display to the next complete message, image or display
shall be as close to instantaneous as possible and must take a maximum
of one second.
(h)
No sequenced messages. Sequencing of messages, such as using
two or more successive screens to convey a message on a single sign
that will not fit on one screen shall not be used.
(i)
Default display. The signs shall contain a default mechanism
that will freeze the sign in one position, or the off position, if
a malfunction occurs.
(j)
Not interactive. The signs shall not be interactive and shall
not feature or support personalized communications with a driver in
real time, nor emit sound, odor, or visible matter, other than light.
(5)
No effect of conversion. The conversion of a preexisting nonconforming
off-site sign to a digital or electronic sign, including relocation
and structural improvements related thereto, shall not be considered
as a removal, replacement, change, expansion or restoration of a nonconformity
and as such, the following provisions shall apply:
(a)
Modifications to a preexisting nonconforming off-site sign needed
to convert it to a digital or electronic sign, including structural
alterations, shall be allowed.
(b)
Conversion ratio. There is an exchange or conversion ratio required
for any proposed new digital or electronic sign as follows: for every
one square foot of digital or electronic sign area proposed, at least
one square foot of preexisting sign area shall be removed or taken
out of service.
(6)
No other digital or electronic signs. No off-site digital or electronic sign that is otherwise prohibited by § 220-87D shall be permitted unless it is a replacement for a sign that qualifies as a preexisting nonconforming sign according to Subsection C(2)(a) and that meets the requirements of Subsection E(4) above.
A.
Approvals required.
(1)
Applications for new development and/or uses shall include a description
of all needed signs.
(2)
Proposals that include only the placement of new sign(s) or modification
or replacement of existing sign(s) shall be reviewed by the Zoning
Officer to determine compliance with the requirements of this chapter
and shall include:
(a)
Name and address of the applicant and, where the applicant is
not the owner, the name and address of 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)
The zoning district in which the sign is to be placed.
(d)
Description of the purpose to be served by the sign and a description
of the existing and proposed uses of the parcel of real estate upon
which the sign is to be located.
(e)
A tape location or instrument survey indicating the location
and setbacks of any existing or proposed ground sign and the location
and setbacks of all other signs and/or buildings on the property.
(f)
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 a depiction of the building front view or elevation.
(g)
A detailed drawing or blueprint to a scale not exceeding one
inch equals one foot showing the construction details of the sign,
the lettering and/or pictorial matter and color of each, and the position
of lighting or other extraneous devices.
(h)
Identification of all other signs existing on said parcel of
land and whether each other sign is conforming or legally nonconforming.
(i)
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 the applicant
is not the owner thereof.
(j)
The property owner's signature attesting to the accuracy of
the application.
(3)
Upon a determination of compliance, a sign permit shall be issued
by the Zoning Officer. The applicant shall have 120 days from the
date of issuance to install the sign and submit a request for a certificate
of sign compliance Or the sign permit will expire.
(4)
Within five business days of the placement of any approved sign,
the applicant shall request a certificate of sign compliance and provide
two sets of photographs of the site and the sign to the Development
Office. Upon verification of compliance with this chapter and/or previous
Town approval(s), the Zoning Officer shall issue a certificate of
sign compliance.
(5)
Should the Zoning Officer, upon inspection, find the sign not to
be in compliance with this chapter or previous Town approval(s), the
applicant shall be so notified by certified mail. The applicant shall,
within 30 days from the date of the notification letter, correct the
cited deficiencies and notify the Zoning Officer of the corrections.
In no event shall said thirty-day period extend the one-hundred-twenty-day
validation period for the sign permit prescribed within this subsection.
B.
Exceptions. The following signs and actions shall not require Town
approval:
(1)
Erecting or maintaining noncommercial speech signs conforming to
the requirements of this article.
(2)
Substituting speech copy on a commercial speech sign which otherwise
conforms to the requirements of this article.
(3)
Vehicular signs. Commercial speech signs displayed on licensed and
registered motor vehicles which are used in conjunction with a business,
provided that:
(a)
The primary use of such vehicle is the transportation of people
or material for such business;
(b)
The primary effect of such sign is to identify the vehicle as
being used for such purpose; and
(c)
The vehicle is not parked or stored in a manner primarily intended
to display the sign to passersby.
(4)
Credit card signs. Credit card advertisements or trade association
emblems which are displayed together in an area 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 shall be solely
to offer a service and not to advertise the business.
(6)
Repainting, repairing or otherwise maintaining a conforming commercial
speech sign, provided the location, size, design, copy or logo is
not changed and the sign is in no way made nonconforming thereby.
(7)
Directional signs such as entrance, exit, parking, shipping and receiving,
the sole purpose of which is to assure safe and efficient ingress,
egress and access upon a commercial or industrial site, provided each
such sign does not exceed two square feet in sign area if a one-sided
sign and four square feet in sign area if a two-sided sign and three
feet in height.
All signs erected and maintained in the Town of Canandaigua
shall be in accordance with the following design standards:
A.
Architectural harmony. Commercial speech signs and their supporting
structure shall be in architectural harmony with surrounding structures
and signs.
B.
Lighting in all zoning districts.
(1)
Angle. Exterior sign lighting shall illuminate only the sign and
shall not be emitted or reflected so as to create a traffic hazard
or nuisance.
(2)
Flashing. No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving light(s). Sign-illuminating devices shall only
emit light of constant intensity and color.
(3)
Intensity. The intensity of light illuminating a sign shall not exceed
that necessary to make the sign visible from the nearest public ways.
C.
Attention-getting devices. No sign shall consist, in whole or in
part, of banners, balloons, pennants, ribbons, streamers, spinners,
or similar fluttering devices or consist of animated or moving parts.
D.
Projecting signs. With the exception of signs on awnings or canopies,
no sign shall be erected or maintained which extends a distance of
more than 18 inches from the front or face of a building. In no event
shall a sign overhang or project onto any public right-of-way except
as provided for herein.
E.
Minimum setbacks and maximum sign areas.
(1)
Minimum setbacks. Except for public safety signage erected pursuant to § 220-91 and temporary signs erected pursuant to § 220-85, no ground sign shall be erected within 15 feet of any boundary of any street, highway or public way nor within 15 feet of any lot boundary. No temporary sign erected pursuant to § 220-85 shall be erected within 15 feet of any boundary other than that of a street, highway or public way.
(2)
Maximum areas. The maximum sign area specified herein shall be the
maximum sign area permitted for a single display surface. Unless otherwise
provided, although no single display surface shall exceed the maximum
sign area, the total sign area of a two-sided ground sign may be twice
the maximum sign area permitted for a single surface.
F.
Hazards to public safety. All signs shall comply with applicable
provisions of the State of New York Uniform Fire Prevention and Building
Code.[1] No sign shall be erected in such a manner as obstruct
the view of a traffic sign, signal, or device. No sign shall be attached
to a fire escape or to any door or window facilitating access to a
fire escape. No sign shall be erected or maintained so as to interfere
with any communication or energized electrical power lines.
[1]
Editor's Note: See Executive Law § 370 et seq.
G.
Support. All signs shall be securely attached to a building or a
structurally sound support. No sign shall be attached to a fence,
utility pole or tree. Signs may be erected or maintained upon the
roof of a building or structure, but may not exceed the height requirement
of this chapter.
[Amended 7-15-2019 by L.L. No. 3-2019]
H.
Maintenance. All signs and all structures supporting signs shall
be adequately maintained. Display surfaces and support structures
shall be kept neatly painted and in good repair at all times. Failure
to so maintain a sign or support structure may constitute abandonment
and subject a sign to removal pursuant to this section.
I.
Temporary signs. Signs advertising a temporary situation in any district
may only be displayed in accordance with the provisions in this article.
J.
Aesthetic impact to be reviewed. When reviewing applications that
include signs, the Planning Board shall also consider the type of
sign(s) and their suitability to the particular neighborhood, including
the sign's aesthetic design, form, proportion, color, material, surface
treatment and position. In addition to any other requirements prescribed
within the Town Zoning Law, plans shall only be approved which reflect
a reasonable conformity of design, lettering, lighting and material
for all signs on a parcel and do not have an unnecessarily negative
aesthetic impact.
A.
Permanent noncommercial speech signs in residential districts. Permanent
noncommercial speech signs are allowed within any residential zoning
district (RR-3, AR-2, AR-1, R-1-30, R-1-20, RLD, SCR-1, MR, and MH)
without a permit, provided:
(1)
No more than two noncommercial speech signs shall be erected per
100 feet of lot width at the street line; and
B.
Permanent noncommercial speech signs in all zoning districts. So
as to ensure that noncommercial messages are regulated no more strictly
than commercial messages, noncommercial speech may be substituted
upon any conforming commercial speech sign or sign plan in lieu of
commercial speech. The placement of noncommercial speech copy upon
an existing and conforming commercial speech sign shall not require
a site development permit.
C.
Temporary noncommercial speech signs in all zoning districts. Temporary
noncommercial speech signs may be erected in any zoning district in
conformance with the requirements of this article.
A.
Single-use developments. The following standards apply to all permanent
commercial speech signs within the CC, NC, RB-1, LI, I or PUD Zoning
Districts where only one principal building or use exists or is proposed
upon a single parcel of real property.
(1)
Single building or business identification sign. One building identification
sign which identifies the name of the building or business activity
therein may be erected, provided the sign is:
(a)
A building-mounted sign which does not exceed one square foot
of sign area for each linear foot of building frontage or 350 square
feet of sign area, whichever is less, and is not more than 10 feet
in vertical height.
(b)
A permanently painted window sign, the sign area of which does
not exceed 50% of the window space in which it is located or 32 square
feet of sign area, whichever is less.
(2)
Second sign. A second commercial speech sign may be erected. The
maximum size allowed for a second commercial speech sign shall not
exceed 50% of the total sign area allowed for the first sign on the
property. No such special use permit may be approved for a third or
subsequent commercial speech sign.
(3)
Ground signs. A ground sign may be used to identify a single-use
development, provided the following standards are met:
(a)
No single display surface of ground sign identifying a single-use
development shall exceed a maximum 40 square feet in sign area and
the total sign area of the sign shall not exceed 40 square feet if
the sign consists of a single display surface or 80 square feet if
the sign consists of two display surfaces. Such a sign shall not exceed
20 feet in height above the adjacent ground.
(b)
As part of their review of a site plan for development the Planning Board has found the location, size or design of the sign in relation to the immediate surroundings to be such that the purpose and intent of Article IX of this chapter are not compromised thereby.
(c)
All Community Commercial (CC), Neighborhood Commercial (NC),
Industrial (I), Limited Industrial (LI), and Restricted Business (RB-1)
Zoning Districts fronting on a Town road shall have a ground sign
not to exceed 16 square feet in area and seven feet in overall height.
(d)
Every ground sign shall have street identification numbers in
Arabic numerals at least four inches in height made of reflective
material incorporated into the face of the sign or the structure supporting
said sign so as to be clearly visible from the public way.
(4)
Changeable-copy signs. One changeable-copy sign is allowed for each
petroleum station or motor vehicle service station. Changeable-copy
signs shall be subject to the same requirements applicable to other
permanent commercial speech ground signs. In addition, a changeable-copy
sign shall meet the following standards:
B.
Permanent commercial speech signs within multi-use developments.
The following standards shall apply to all permanent commercial speech
signs upon a single parcel of real property within a CC, NC, RB-1,
LI, I, or PUD Zoning District where more than one principal building
or use is proposed or exists, as in the case of a shopping center,
plaza, office complex, or other multiple commercial or industrial
use facility or complex:
[Amended 2-13-2012 by L.L. No. 1-2012; 7-15-2019 by L.L. No. 3-2019]
(1)
Development identification sign. One development identification ground
sign may be erected which identifies the name of the shopping center,
plaza, office complex, industrial park or facility as a whole and
does not identify any individual business activity. The development
identification ground sign may be erected only as a single- or double-sided
ground sign.
(a)
A development identification sign shall not exceed 20 feet in
height. No single display surface of the development identification
sign shall exceed 40 square feet and the total sign area of the sign
shall not exceed 40 square feet if the sign consists of a single display
surface or 80 square feet if the sign consists of two display surfaces.
(2)
Multi-use development identification sign. Within the CC Zoning District,
one multi-use development identification sign may be erected only
on lot frontage of State Route 332 or State Route 5 and 20 which identifies
the name of the shopping center, plaza, office complex, industrial
park or facility as a whole and which identifies individual business
activity. The multi-use development identification sign may be erected
only as a single- or double-sided ground sign.
(a)
A multi-use development identification sign shall conform to
the dimensional requirements as specified in Schedule III included
as part of this chapter.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(b)
Monopole signs prohibited.
(c)
Multitenant development identification signs shall be constructed
with the same or similar architectural features and similar materials
as the building. Applicant shall provide a statement attesting to
such.
(d)
Multi-use development identification sign shall have an architectural
top or cap to coordinate with building.
(e)
Sign copy shall be placed at least three feet above grade.
(f)
Sign base shall be constructed with year-round landscaping.
(g)
Sign copy area shall have same material and dimensions for consistency.
(h)
Applicant shall demonstrate that proposed sign location does
not lie within the clear sight triangle.
(i)
A business or use on an adjacent parcel may advertise on a multitenant
identification sign when both parcels share an access and upon special
use permit approval from the Planning Board. No additional ground
signs may be granted to such adjacent parcel.
(j)
Planning Board may waive or alter the provisions of § 220-83B(2)(c) through (g).
(3)
Tenant identification signs. Each individual business or use within
a multi-use development which has an exterior entrance may have a
tenant identification sign mounted on the building. Tenant identification
signs shall be uniform in design, style and, to the extent practicable,
location on the building when compared to other such signs within
the same multi-use development and shall only consist of:
(a)
A building-mounted sign which does not exceed one square foot
of sign area for each linear foot of building frontage occupied by
the use or tenant or 350 square feet of sign area, whichever area
is less, and is not more than 10 feet in vertical height.
(b)
Multiple tenant identification signs are prohibited, except for temporary signs conforming to the requirements of § 220-85; building directory signs permitted pursuant to § 220-83B(6); blade signs permitted pursuant to § 220-83B(9); and multi-use development identification signs which conform to this chapter and have received Planning Board approval.
(4)
Other ground signs prohibited. Ground signs identifying individual businesses within any multi-use development shall be prohibited except for approved multi-use development identification signs pursuant to § 220-83B(2).
(5)
Business advertising and changeable-copy signs prohibited. Business
advertising and changeable-copy signs within multi-use developments
shall be prohibited.
(6)
Building directory signs. A building directory sign may be erected
upon a multiple-use structure as close to the main entrance as possible.
One building directory sign may be mounted upon the building, provided
such sign shall not exceed eight square feet in sign area.
(7)
Sign location. To the extent practicable, tenant identification signs
and building directory signs permitted herein shall be erected only
on the side of the building facing the common parking area.
(8)
Every ground sign shall have street identification numbers in Arabic
numerals at least four inches in height made of reflective, contrasting
material incorporated into the face of the sign or the structure supporting
so as to be clearly visible from the public way.
(9)
Blade sign. A blade sign may be allowed within multi-use developments.
Minimum height above grade shall be 10 feet, and five square feet
shall be the maximum area per side.
(10)
Development identification signs per parcel. An eligible parcel
may have only one development identification sign or one multi-use
development identification sign. In no instance shall both be allowed
on a single parcel.
C.
Temporary commercial speech signs. Temporary commercial speech signs
that conform to the requirements of this article may be erected within
the following districts: CC, NC, RB-1, LI, I, or PUD.
Permanent commercial speech signs and temporary commercial speech
signs in conformance with the requirements of this section may also
be erected within the RR-3, AR-2, AR-1, R-1-30, R-1-20, RLD, SCR-1,
MR and MH Districts.
A.
Commercial, industrial, and public uses. A single identification
sign which indicates the name and street identification number of
the building or use only may be erected, provided the sign:
B.
Residential development signs. Identification signs for a subdivision
or a multiple residential development may be erected, provided that:
(1)
One sign is allowed for each location where a road internal to the
development intersects with an adjacent public street.
(2)
Individual signs shall not exceed 16 square feet in sign area and
shall be no more than seven feet in height above the adjacent ground
level.
(3)
Such signs shall not be illuminated.
(4)
The maximum size allowed for the structure supporting said residential
development sign shall not exceed 48 square feet.
C.
Additional residential development signs. One nonilluminated subdivision
identification sign shall be allowed for the purpose of advertising
the sale of property within a new residential development. Said sign
shall not exceed 16 square feet in sign area and seven feet in height
above the adjacent ground level and shall be allowed for three years
from the time of final approval of the residential development.
D.
E.
Preexisting nonconforming commercial or industrial uses conducted within the Rural Residential District, Agricultural Rural Residential Districts and Residential Districts which are allowed to continue pursuant to Article XIII shall be permitted to erect and maintain a single identification sign which identifies the name and street identification number of the building and/or use, provided such sign:
F.
Farm signs. Within zoning districts that allow agricultural uses,
one commercial speech sign which identifies the name of a farm may
be erected, provided the sign: shall not exceed 16 square feet in
sign area; if a ground sign, the sign height shall not exceed seven
feet above the existing natural grade; and shall not be illuminated.
[Amended 2-13-2012 by L.L. No. 1-2012]
G.
Agricultural and nursery products. Within zoning districts that allow
agricultural uses only, a maximum of two commercial speech signs may
be erected on the premises for the purpose of advertising the sale
of agricultural and nursery products. Said signs shall not exceed
a total combined sign area of 16 square feet, the sign height shall
not exceed seven feet in height above the existing natural grade if
ground signs, and shall not be illuminated. Such signs associated
with nonpermanent roadside stands shall not be allowed to continue
once the sale of such agricultural or nursery products ceases.
[Amended 2-13-2012 by L.L. No. 1-2012]
A.
Political, educational, charitable, civic and religious events.
(1)
Temporary signs advertising any political, educational, charitable,
civic or religious event or the sale of property other than real estate
may be erected in any district for a consecutive period not to exceed
60 days in any calendar year for a single event. Said signs shall
be removed within three days following the event or sale and shall
not exceed eight square feet in sign area, seven feet in height above
the adjacent ground level and shall not be illuminated.
(2)
For purposes of this subsection, each general election, referendum,
primary election or caucus shall be considered to be a separate political
event. Other types of events which are held more frequently than once
annually, but which are substantially similar in nature, held in a
substantially identical location, and customarily held on the same
day of the week or same monthly date shall be considered to be a single
ongoing event for which temporary signs may not be displayed in excess
of 60 days within any calendar year.
B.
Real estate sale, lease, or open for inspection signs.
(1)
One sign per parcel of real estate advertising the sale, lease or
rental of the premises upon which the sign is located shall be permitted,
provided: the sign shall not exceed six square feet in sign area and
four feet in height above the adjacent ground level within the RLD,
R-1-30, R-1-20, SCR-1, AR-1, AR-2 and RR-3 Zoning Districts; shall
not exceed 24 square feet in sign area and eight feet in height above
the adjacent ground level within the I, LI and CC Zoning Districts;
and provided the sign shall not exceed 16 square feet in sign area
and seven feet in height above the adjacent ground in all other zoning
districts. Should the parcel of real estate advertised have no common
boundary with a public road, an additional such sign may also be located
upon the parcel providing access from the public ways. Should the
parcel of real estate advertised have a boundary in common with two
public roads, then two such signs shall be permitted, one adjacent
to each such road.
(2)
Should the parcel of real estate advertised have a boundary in common
with Canandaigua Lake, then an additional such sign may be located
upon the parcel within the yard adjoining the lake. Should the parcel
of real estate advertised have a common boundary with a public road
more than 500 feet in length, then two such signs shall be permitted,
provided they are separated by a distance of at least 350 feet. Under
no circumstances shall the total signage for such a property exceed
32 square feet.
(3)
The following temporary business advertising signs may also be placed
on an approved lot that contains a dwelling unit offered for sale,
on a Saturday and/or Sunday between the hours of 12:00 noon and 6:00
p.m. only, and shall be removed at the end of each business day:
(a)
One sign, not exceeding six square feet in sign area, bearing
a legend such as "Open" or "Open for Inspection," on a premises being
advertised for sale;
(b)
Two signs, each sign not exceeding six square feet in sign area,
bearing a legend such as "Open" or "Open for Inspection," at locations
other than the premises being advertised for sale. Such signs may
be located within the right-of-way of the two closest intersecting
streets, provided they are placed so as not to interfere with sight
distances. The highest portion of each sign shall not be more than
four feet above the adjacent ground level; and
(c)
In the event a subdivision tract contains more than one model
dwelling unit offered for sale by the developer, then the maximum
number of off-premises advertising signs shall be based upon one sign
allowed at each entryway to the tract.
C.
Temporary identification of active development sites. Upon any parcel
under active development, a single temporary sign may be erected and
maintained for the duration of the project without approval by the
Town. Such sign may identify the primary contractor or owner of the
premises and the street identification number, provided such sign
does not exceed six square feet in sign area and does not exceed four
feet in height above the adjacent ground.
D.
Temporary business identification signs within the Community Commercial
(CC), Neighborhood Commercial (NC), Limited Industrial (LI) and Industrial
(I) Districts. A temporary business identification sign, which would
otherwise be prohibited by the provisions of this article, may be
temporarily erected and maintained by a new business, provided the
following standards are met:
(1)
Such signs shall only be erected and maintained by owners or tenants
having received a site plan approval by the Town Planning Board, which
application describes a conforming permanent business identification
sign to be erected and maintained on the parcel;
(2)
Such signs shall only be allowed to continue until a date 60 days
from the date the temporary sign was first placed or until such application
as has been made to the Planning Board for sign site plan approval
of a permanent sign has been denied or granted and a permit issued,
whichever date shall first occur;
(3)
Such sign shall conform to the same dimensional requirements of this
chapter which would restrict the sign area, height or location of
any permanent sign which might be lawfully erected in the same location
to permanently identify the same business; and
(4)
Although no site development permit shall be issued for such signs, temporary business identification signs shall only be erected and maintained if the Zoning Officer has reviewed a written submission describing the proposed temporary sign and made a written finding that the proposed sign is in substantial compliance with the provisions and intent of Article IX. Should no such finding be issued by the Zoning Officer, then this § 220-85D shall be deemed to be of no effect and the proposed sign shall continue to be subject to those provisions which would otherwise prohibit its use.
E.
Temporary window signs. Signs may be displayed in any window at any
commercial use lawfully conducted under the provisions of the Town
Zoning Law. Nonilluminated window signs may be displayed without limit
and without issuance of any permit or the approval of any board. A
single illuminated window sign no more than four square feet in sign
area may be displayed, for a period of 30 calendar days during one
calendar year, without issuance of any permit or approvals of any
board at any commercial use lawfully conducted under the provisions
of the Town Zoning Law.
F.
Within the CC Community Commercial District and the NC Neighborhood
Commercial District, banners, streamers, flags and other attention-getting
devices, not including ground commercial speech signage, which would
otherwise be prohibited by the provisions of this chapter, may be
temporarily erected and maintained on subject sites within these two
districts, provided that the following standards are met:
(1)
Such displays shall only be erected and maintained for a maximum
cumulative duration of 30 days within any given calendar year. Although
no permit shall be required to be issued for such displays, an informational
form briefly describing the display and the dates thereof shall be
filed with the Zoning Officer (ZO). Should no such form be provided
or should the maximum cumulative duration of 30 days be exceeded,
such display shall be considered to be in violation of this chapter.
The ZO shall coordinate with the Code Enforcement Officer (CEO) when
required to conform with the New York State Uniform Fire Prevention
and Building Code;[1] and
[1]
Editor's Note: See Executive Law § 370 et seq.
G.
Temporary signs shall not be attached to fences or trees and shall
not obstruct or impair vision or traffic in any manner or otherwise
create a hazard or disturbance to the health and welfare of the general
public or the environment.
All signs in the Town of Canandaigua shall be properly maintained
at all times. The Zoning 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, obsolescence or abandonment. Notification
shall be by personal delivery or by certified mail. If the notice
is not complied with within 30 days, it shall become an order to remove
the sign.
The following types of signs and sign content are prohibited
in all districts:
A.
Signs without permit or approval. Signs which under these provisions
may not be erected or maintained without permits or approvals and
for which no such permit or approval has been granted or for which
the required approvals and/or permits have been revoked shall not
be allowed to continue and shall be removed.
B.
Signs not pertinent to use. Commercial speech signs which no longer
relate to any commercial enterprise or use conducted on the same parcel
of real estate upon which the sign is located shall not be allowed
to continue and shall be removed.
C.
Abandoned signs. Failure to restore a sign to a condition of good
repair within 30 days of written notification by the Zoning Officer
of a sign's deficient condition shall constitute abandonment of the
sign. Abandoned signs shall not be permitted to continue and shall
be removed. Sign abandonment shall also be grounds for revocation
of any site plan, special use permit or site development permit approved
with respect to said sign.
D.
Off-site advertising signs prohibited. With the exception of certain temporary signs described in § 220-85 and multi-use development identification signs in § 220-83B(2)(j), no sign advertising a business, use or service other than that available on the parcel of real estate on which the sign is located shall be permitted.
[Amended 7-15-2019 by L.L. No. 3-2019]
E.
Commercial speech signs within residential districts. Other than those permanent signs expressly described in § 220-84 and approved by the Planning Board pursuant thereto or temporary signs described in § 220-85, commercial speech signs shall be prohibited within the following zoning districts: RR-3, AR-1, AR-2, R-1-30, R-1-20, SCR-1, RLD, MR and MH.
F.
Temporary signs. Temporary signs other than those specified in § 220-85 are prohibited.
[Amended 7-15-2019 by L.L. No. 3-2019]
H.
Roof signs. No signs, banners, flags or other like advertising devices
shall be permitted above the peak of the roof of any building or structure.
[Amended 7-15-2019 by L.L. No. 3-2019]
I.
Sandwich boards. Sandwich board signs which do not conform to the requirements of § 220-85 are prohibited.
J.
Traffic hazard. Other provisions herein notwithstanding, any permanent
or temporary signs erected or placed at or near the intersection of
any streets in such a manner as to cause a traffic hazard or at any
location where, by reason of the position, shape, color or illumination,
the sign interferes with, obstructs the view of or otherwise misleads
or confuses vehicle operators, shall be removed and shall not be allowed
to continue.
K.
Reflective surfaces. Signs having glaring reflective surfaces are
prohibited, except for street identification numbers.
[Added 7-15-2019 by L.L.
No. 3-2019]
L.
Electronic message signs. Electronic message signs prohibited.
[Added 7-15-2019 by L.L.
No. 3-2019]
A.
Signs not pertinent to use. The owner of any sign which is abandoned
or found to otherwise no longer serve the purpose for which a permit
was issued or is otherwise in violation of the provisions hereof shall
remove the sign within 30 days of written notice or otherwise correct
the specified unsatisfactory condition in a manner approved by the
Zoning Officer. If the Zoning Officer's notice is not appealed within
30 days of the date of the written notice, the notice automatically
becomes an order to remove and shall be enforced in accordance with
this section.
B.
Hazardous signs and signs in violation. The Zoning Officer shall
notify, in writing, the owner of any sign which is unsafe, insecure
or is a menace to the public, or has been erected or installed in
violation of this chapter to remove or correct the unsatisfactory
condition of said sign within 30 days from the date of such notice.
If the Zoning Officer's notice is not appealed within 30 days of the
date of the written notice, the notice automatically becomes an order
to remove and shall be enforced in accordance with this section.
C.
Failure to comply. Upon failure to comply with any court order to
remove or any court order to correct or remove within the prescribed
time, the Zoning Officer shall cause the removal of such sign and
all costs and expenses incurred with said removal shall be charged
to the owner of the land or building upon which the sign is located.
D.
Signs causing immediate peril. The Zoning 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
immediately upon receipt of such notice will serve as an authorization
to the Zoning Officer to immediately remove or cause removal of such
sign with all costs and expenses charged to the owner of the land
upon which the sign is erected.
E.
Other remedies. This section shall not be construed so as to limit
or eliminate any other remedy or cause of action at law or equity
by which the Town may seek to correct, abate or enjoin any violation
of the provisions contained herein.
Every principal building or structure shall have street identification
numbers in Arabic numerals at least four inches in height affixed
to the building near the main entrance so as to be clearly visible
from the public way. However, should the principal building or structure
be located more than twice the minimum front setback required or should
such street identification numbers affixed to the building otherwise
not be clearly visible from the public way, there shall then be erected
within 10 feet of the right-of-way property line and adjacent to the
site's access point a post, not exceeding five feet in height and
six inches in width, or mailbox upon which shall then be affixed the
required street identification number. In addition, any structure
located on the lake side portion of a lot shall have four-inch Arabic
numerals identifying the property address affixed to the side of the
structure so as to be visible from a boat on Canandaigua Lake within
50 feet of the shoreline.
