The intent of this chapter is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs of all kinds. It is intended to protect property values, restrict
visual blight, and enhance the appearance of the community. It is
further intended to enhance the business environment while protecting
and improving upon the character of the community by reducing the
visual blight and hazards that may be caused by advertising obstructions
and distractions.
The provisions of this section shall apply to all signs in all
zoning districts as established and those amended in the future by
the zoning laws of the Town of Clarence.
A. Permits required.
(1) No person, firm or corporation shall hereafter erect, re-erect, construct
or structurally alter a sign or sign structure without a permit first
having been issued by the Planning and Zoning Department.
(2) Every application for a sign permit shall be accompanied by plans,
to scale, showing the dimensions of the sign, the structure supporting
the sign, the position of the sign in relation to nearby buildings
or structures, the location of the building, structure or lot to which
or upon which the sign is to be attached or erected, the method of
illumination, if any, and such other information as the Planning and
Zoning Department shall require to show full compliance with this
chapter and all other laws and ordinances of the Town of Clarence.
(3) Acceptable proof of consent to the placing of a sign by the owner
of the building, structure, or premises must be provided with the
application for a permit when the applicant is not the said owner.
(4) The Planning and Zoning Department shall grant permits for all temporary
signs that conform to the dimensional, locational, and construction
requirements as herein stated. Any permanent sign application shall
be referred to the Sign Review Board for architectural review. The
Sign Review Board may, in its discretion, approve minor variations
(up to 10%) from the sign dimensions contained in this chapter.
(5) All permanent sign applications are subject to a fifteen-day review
by the Sign Review Board. All permits issued are subject to Town Board
objection until 15 days after approval has been granted by the Sign
Review Board.
B. Plaza signs.
(1) All new plaza signs shall be reviewed by the Sign Review Board during
site plan review. Each tenant in a plaza will be allowed one building
sign and one roadway sign that must be contained within one common
tenant freestanding sign. The Sign Review Board will determine the
best location and size of the common tenant sign during site plan
review. The Sign Review Board may review and determine permit applications
if the sign is replacing an existing freestanding sign or common tenant
sign. In no case shall a plaza sign in a commercial, restricted business
or traditional neighborhood zoning district exceed 48 square feet.
(2) A single wall sign, such as a sign directory, may be used to identify
more than one on-premises establishment. For buildings with multiple
tenants having storefronts only, the facade rented by the tenant shall
be considered as wall area for a sign and must meet the wall sign
standards in this chapter.
C. Illumination and movement.
(1) Any illuminated sign or lighting device shall employ only light of
constant intensity.
(2) No sign shall be placed or be directed so as to permit the sign illumination
to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause hardship or danger to any person or persons.
(3) No sign or part thereof shall contain or consist of any pennant,
ribbon, streamer, balloons, spinner or other similar moving, fluttering,
or revolving device. Such devices shall be prohibited even if they
have no message or logo on them. The said devices, as well as strings
of lights, shall not be used for advertising or attracting attention,
whether or not they are part of the sign.
(4) No sign or part thereof may rotate or move in any direction, except
flag signs as permitted on a temporary basis. Signs that flash, blink
or scroll-change shall not be allowed for safety reasons.
(5) LED signs must have messages that remain of constant intensity for
at least 30 seconds. No part of an LED sign may move or scroll or
be considered an animated sign.
(6) In an effort to reduce light pollution, LED signs not located on
Transit Road shall be required to emit a single monochromatic color
on a black, unlit background.
[Added 8-22-2018 by L.L.
No. 7-2018]
D. Location of signs.
(1) All permanent signs within the Town of Clarence must maintain a minimum
setback of 10 feet off any roadway right-of-way. All signs must maintain
a minimum side yard setback of 10 feet. Any permanent freestanding
sign must be at least 50 feet from any other.
(2) A sign placed upon a roof shall abut the roof and shall not be elevated
above the ridge of the roofline on any post, pole, or other elevating
supports.
(3) No sign shall be located in, nor project into, the public right-of-way.
(4) No sign shall be placed, painted or drawn upon trees, utility poles,
light poles or standards.
(5) LED signage shall be limited to freestanding signs only.
[Added 8-22-2018 by L.L.
No. 7-2018]
E. Off-premises and billboard signs.
(1) The Town of Clarence prohibits off-premises and billboard signs.
The Town of Clarence will allow off-premises signs without a permit
that are associated with community activities or any not-for-profit
activity directing the public to such activity, provided that they
do not exceed eight square feet in area and are in place for no greater
than a sixty-day period. Temporary signs directing traffic to seasonal
agricultural products, less than 16 square feet in area per side,
will also be allowed without a permit. Such signs shall not be placed
within a public right-of-way.
(2) Any freestanding sign over 60 square feet will not be permitted at
any location within the Town of Clarence except in shopping plazas
as approved by the Sign Review Board.
F. Secondary building signs.
(1) On commercial buildings with rear or side orientation to a shopping
plaza or mall parking lot or any other public access area, a rear-or
side-facing sign shall be allowed with the name of the business and
its logo only. Such signs must meet the dimensional requirements of
this chapter.
(2) The secondary signs must be removable and mounted flat against the
rear or side of the building. Painting signs on a building is prohibited.
G. Multiple residences or apartment developments.
(1) For multiple residences or apartment developments, one sign advertising
the availability of residential units will be permitted, provided
that the sign does not exceed four square feet.
(2) One freestanding sign that identifies the apartment complex or multiple-family
residence will be allowed, provided that the sign does not exceed
20 square feet in area.
H. Public utility signs. Signs necessary for the identification, operation
or production of a public utility, not exceeding 32 square feet, may
be erected on the premises of such public utility.
I. Residential subdivision project signs. For residential subdivisions
or projects, one sign that identifies the project by name and address
may be erected near the principal entrance. The one sign shall not
exceed 32 square feet. The location of the sign shall be approved
as part of the site plan review by the Sign Review Board.
J. Insurance. Security shall be made, in a manner and amount satisfactory
to the Town Board, in the event that a sign projects over or above
any public walkway, driveway or road, to protect the Town of Clarence
from any and all claims for damages or injuries caused to persons
or property by such sign.
K. Number of signs. Any business establishment within a commercial zone
may have both one wall sign and one freestanding sign. Businesses
located in a shopping mall shall utilize a common tenant sign as reviewed
and approved by the Sign Review Board.
L. Fees.
(1) A fee schedule for permanent and temporary signs across all sign
districts shall be established by resolution of the Town Board. Sign
fees shall be reviewed periodically and may be amended by resolution
of the Town Board.
(2) Temporary signs not removed at the end of the permit period will
cause the applicant to be charged $25 per day as a civil penalty.
The failure to remove said signs shall also remain subject to any
and all other enforcement provisions of this chapter.
(3) Signs erected without a permit will incur a penalty as specified in §
181-8.
M. Nonconforming signs.
(1) Every sign not conforming to the regulations of the district in which
it is located at the time of adoption of this chapter shall be nonconforming.
(2) A nonconforming sign may not be rebuilt except in conformity with
the regulations for the district in which it is located.
(3) All signs that are nonconforming by reason of size, height, location,
illumination or changeable copy must be removed or brought into compliance
at such time as the sign is replaced.
(4) A nonconforming sign may only be altered by a new face panel, updated
illumination or changeable copy in conformity with the zoning district
in which the sign is located. Any changes to exterior dimensions would
constitute a rebuild and therefore be subject to conformity with current
regulations within the zoning district in which the sign is located.
(5) Nothing in this chapter shall be deemed to prevent the strengthening
or restoring of any nonconforming sign declared unsafe by a duly designated
official to a safe condition.
(6) Nothing in this chapter shall be deemed to prevent, without proper
permit, the reconstruction of a nonconforming structure to its original
configuration when destroyed by fire or act of God and with review
and approval by the Zoning Board of Appeals.
(7) Whenever an area is changed from a zoning district of one classification
to a zoning district of a different classification or amendments are
adopted that change regulatory measures governing signs, the above
regulations shall apply to nonconforming signs created by such transfer.
The following signs do not require permits but must conform
to the requirements as specified below:
A. Historical markers, tablets, statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface, bronze, stainless steel, or similar material; and emblems
installed by governmental agencies or religious or nonprofit organizations,
not exceeding six square feet.
B. Flags and insignia of any government, except when displayed in connection
with commercial promotion.
C. On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances, exits
and similar signs, internally illuminated or nonilluminated and not
exceeding eight square feet per face. Business names and logos may
be allowed with Sign Review Board approval. Directional signs shall
not extend more than six feet in height above finished grade and shall
not be located in the public right-of-way.
D. Nonilluminated "warning," "private drive," "posted" or "no trespassing"
signs not exceeding two square feet in area.
E. One on-premises wall sign, in connection with any residential building
in any district, for permitted professional offices or home occupations,
not exceeding four square feet in area. Such sign may state name and
vocation only.
F. Street number and nameplates identifying residents, mounted on a
house, apartment or mailbox, and not exceeding 1 1/2 square feet
in area.
G. Lawn signs identifying residents, not exceeding 1 1/2 square
feet in area. Such signs shall not be illuminated except by a light
which is an integral part of a lamppost, if used as a support, with
no advertising message thereon.
H. Private-owner merchandise sale signs for garage sales and auctions,
not exceeding four square feet, for a period not exceeding 10 days.
Such signs shall not be attached to utility poles, trees, or any other
man-made or natural off-premises structure. All garage sale signs
will meet the applicable temporary sign requirements of this chapter.
I. Temporary, nonilluminated "for sale," "for rent," and real estate
signs and signs of a similar nature concerning the premises upon which
the sign is located. Each sign shall not exceed 16 square feet in
a residential sign district and 32 square feet in a business sign
district. All such signs shall be removed one week after the sale,
lease, or rental of the premises.
J. One temporary sign for a roadway stand selling agricultural produce
grown on the premises in season, provided that the sign does not exceed
32 square feet in area. Seasonal off-premises signs advertising agricultural
produce may be allowed if they are under 16 square feet in area and
are freestanding.
K. Holiday decorations, including lighting, are exempt from the provisions
of this chapter.
L. A sign attached to gasoline pumps, not to exceed two square feet
in area, on a premises where retail gasoline is sold.
M. Temporary, on-premises directional signs for meetings, conventions,
and other assemblies, not exceeding eight square feet. Signs must
be removed after the event.
N. One sign, not exceeding 16 square feet in all sign districts, listing
the architect, engineer, contractor and/or owner, on premises where
construction, renovation, or repair is in progress. Signs must be
removed after the event.
O. Political posters and signs, not exceeding 16 square feet in the residential sign district nor 32 square feet in nonresidential sign districts. Such signs shall be allowed 30 days prior to a special election or political event, provided that they meet the restrictions in §
181-4B(2) above. All signs shall be removed within one week after the election or political event. Signs shall not be placed in the public right-of-way.
P. Signs erected by a governmental entity in order to fulfill the duties
and administration of said entity. Exempt signs may include, but not
be limited to, traffic control devices, including temporary detour
signs, the posting of rules and regulations, directional signs for
governmental offices, and similar such signs.
[Amended 3-11-2020 by L.L. No. 2-2020]
An applicant shall have the right to petition the Planning Board
of the Town of Clarence in the event of a denial of the right to place
or erect a sign within the Town of Clarence, whether by permit or
otherwise. The Planning Board of the Town of Clarence, after public
notice and a hearing, may approve, deny, or vary/modify the application
of this chapter in harmony with its general purpose and intent.
For the purpose of this chapter, the terms used herein are defined
and shown in this illustration as follows:
A-FRAME SIGN
A portable temporary sign of solid construction, connected
at the top and angled down on either side in the shape of an "A,"
usually with advertisement on two sides; also called a "sandwich board
sign."
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict
action or create a specific effect or scene.
AWNING SIGN
Advertising displayed on an overhanging structure supported
with braces that attach to the main building and that projects over
a walkway for weather protection.
BANNER
A piece of cloth or other material that is a separate entity
from the building, either attached directly to the building or hung
on posts, cables, wires or poles, and either blank or bearing a sign
outside of the building. National flags, state or municipal flags
or the official flag of any institution shall not be considered banners.
BILLBOARD SIGN
A sign that exceeds 60 square feet in area, usually located
alongside a roadway, except for plaza signs as approved by the Planning
Board.
CHANGEABLE-COPY SIGN
A sign that contains a message, text or graphics that can
be changed intermittently, either manually or electronically, to display
a different message.
COMMERCIAL EVENT SALES
Activities conducted by existing and permitted commercial,
retail and similar uses, located within the commercial and major arterial
zones, which utilize space outside of an approved commercial/retail
building in the required yard space and/or parking facilities of such
buildings. Such sales shall include, but are not limited to, sidewalk
sales, tent sales, grand openings, going-out-of-business sales, holiday
sales and similar activities.
COMMERCIAL SIGN DISTRICT
Any area that is designated in the Commercial District, the
Restricted Business District and the Industrial Business Park District
on the Official Zoning Map of the Town of Clarence.
COMMON TENANT SIGN
A freestanding sign designed to accommodate all roadway signage
for plaza tenants and business owners.
DIRECTIONAL SIGN
A sign located on premises and used to direct traffic to
a business.
ERECT
Includes build, construct, alter, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, and shall also include
the painting of exterior wall signs. This includes murals or wall
billboards.
FACE
The surface area on a sign where advertising copy is displayed.
FLAG SIGN
A flag is a sign attached to a pole that has characters,
letters, illustrations or ornamentations applied to a cloth, paper,
fabric or other lightweight material and is suspended so that it is
actuated by wind.
FLASHING SIGN
Animated signs or animated portions of signs with illumination
that is characterized by a repetitive cycle in which the period of
illumination is either the same as or less than the period of nonillumination.
FREESTANDING SIGN
Any sign not attached to or part of any building, but separate
and permanently or temporarily affixed by any other means in or upon
the ground.
HANGING SIGN
Any sign which is suspended from or supported by a building,
other structure or sign and which does not lie parallel to or within
the plane of the building, structure or sign structure. (See diagram
at the end of the definitions.)
ILLUMINATED SIGN
Any sign lighted by electricity, gas or other artificial
light, including reflective or phosphorescent light. Such light, when
permitted, shall conform to all requirements of the National Board
of Fire Underwriters.
LED SIGN
Light-emitting diodes, differing from incandescent bulbs
because a variety of colors can be emitted from the same bulb without
using filters; has the ability to display scrolling or flashing messages
as well as a variety of colors. This definition includes electronic
message boards, liquid crystal displays, digitized signs or sign parts,
variable electronic message centers and similar electronic displays.
LIGHTING DEVICE USED
Any light, string of lights or group or movement of lights
located or arranged so as to cast illumination on and draw attention
to a sign or to a person, activity or business.
MONUMENT SIGN
A permanent sign of solid construction with dual architecturally
complementary pillars or posts supporting a sign/advertisement area
between said posts or pillars. (See diagram at the end of the definitions.)
PERMANENT SIGN
Any sign that is erected for the life of business activities
at a given location for at least 60 days.
PERMITTED BUILDING
Any building which has received a certificate of occupancy
from the Building Department for its current use.
PLAZA or SHOPPING MALL
Two or more retail businesses and/or commercial operations
having one or more common walls or utilizing the same parking area
or areas, accessways or outdoor lighting systems.
POLE SIGN
Any sign that is attached to a single pole or similar structure
that conforms with the construction and maintenance section of this
chapter. (See diagram at the end of the definitions.)
PORTABLE SIGN
Any sign that is not permanently attached to a structure
or the ground and can be moved with relative ease.
PRIMARY SIGN
Any sign related to a business or activity conducted or a
commodity or service sold or offered for sale upon the premises where
the sign is located. The primary sign shall be the most predominantly
featured for advertising purposes. Only one primary sign per business
shall be allowed to be placed on any permitted building.
RIGHT-OF-WAY (ROW)
Any state-, county-, or Town-owned land for the purposes
of public transportation.
SECONDARY SIGN
Any sign related to a business or activity conducted or a
commodity or service sold or offered for sale upon the premises where
the sign is located. The secondary sign shall be subordinate to the
primary sign and shall be located at the side or rear of the building
on site. Secondary signs shall only be allowed in instances where
a second side of a permitted building faces a public parking lot,
street, highway, or accessway. Only one secondary sign is allowed
per business that has a public parking lot, street, highway or accessway.
SIGN
Any material, structure or device, or part thereof, composed
of lettered, painted or pictorial information which, when used and
located out-of-doors, displays an announcement, notice, directional
matter or a name and which is either permanent, temporary, mobile
or portable; includes sign frames, illuminated signs, projecting or
ground signs and any illustration or insignia used to advertise or
promote the interests of any person, activity or business when the
same is placed in view of the public.
SIGN REVIEW BOARD
The agency designated by the Town Board to review and approve
sign permit applications. The Sign Review Board shall be three Planning
Board members, consisting of the Planning Board Chairperson (or Vice
Chairperson in his or her absence) and two other Planning Board members.
SIGN STRUCTURE
Any part of a sign that does not specifically advertise but
may act as a frame, support, guy, brace, pole, or similar structure.
SPECIAL EVENT
Community-wide events not otherwise associated with a commercial
entity. Such activities shall include, but not be limited to, craft
fairs, trade shows, circus or carnival events, holiday or seasonal
events, parades, demonstrations and other similar community-wide attractions/events.
TEMPORARY SIGN
Any sign that is erected for a time period not to exceed
30 days and that announces a special event or sale.
WALL SIGN
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the support structure
for or forms the background surface of the sign, and such sign does
not project more than 12 inches from such building or structure.
If any section, subsection, phrase, sentence or portion of this
chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall have no
effect on the validity of the remaining portions hereof.